Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Metropolitan Edison Co. v. Pennsylvania Public Utility Commission

Petition for certiorari denied on October 9, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
12-4 Pa. Commw. Ct. N/A N/A N/A N/A OT 2012

Issue: (1) Whether, contrary to a decision of the Fifth Circuit, the Federal Power Act and filed rate doctrine permit a state public utility commission to deny recovery of FERC-mandated charges by classifying those costs differently from the entity responsible for administering the federal tariff on the ground that the tariff and FERC’s orders do not “unambiguously” or “explicitly” foreclose the state’s chosen classification; and (2) whether, contrary to a decision of the D.C. Circuit, “transmission line losses” reflect the costs of generating electricity rather than the costs of transmitting it.

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