Issue: Whether the Federal Energy Regulatory Commission (FERC) may refuse to examine the unduly discriminatory consequences of a wholly owned company’s withdrawal from a FERC imposed remedy adopted to eliminate undue discrimination on the facilities owned by six of Entergy’s subsidiary operating companies that serve customers in four states, but which are operated as a single integrated system, based solely on a provision of the Entergy affiliate tariff that permits withdrawal.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.