Schuette v. Federal Energy Regulatory Commission
Petition for certiorari denied on February 24, 2014Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-443 | 7th Cir. | N/A | N/A | N/A | N/A | OT 2013 |
Issue: (1) Whether the Federal Power Act’s requirements that interstate electric rates be “just and reasonable,” and non-preferential, 16 U.S.C. § 824d(a)–(b), require that charges associated with regional power-grid upgrades be allocated to consumers on a basis proportional with the benefits those consumers will receive from the upgrades (as the D.C. Circuit has held) or instead allow charges to be socialized, such that consumers must pay an equal share for power-grid upgrades that overwhelmingly benefit others (as the Seventh Circuit held here); and (2) whether the Federal Energy Regulatory Commission must conduct an evidentiary hearing under 16 U.S.C. § 824d when utilities and state agencies come forward with admissible evidence creating material questions of fact regarding the costbenefit analysis of new proposed charges associated with regional power-grid upgrades anticipated to cost billions of dollars.
| Date | Proceedings and Orders |
|---|---|
| Aug 16 2013 | Application (13A201) to extend the time to file a petition for a writ of certiorari from September 5, 2013 to October 7, 2013, submitted to Justice Kagan. |
| Aug 22 2013 | Application (13A201) granted by Justice Kagan extending the time to file until October 7, 2013. |
| Oct 7 2013 | Petition for a writ of certiorari filed. (Response due November 8, 2013) |
| Oct 24 2013 | Waiver of right of respondent Public Service Commission of Wisconsin to respond filed. |
| Oct 28 2013 | Waiver of right of respondent PJM Interconnection, L.L.C. to respond filed. |
| Oct 29 2013 | Waiver of right of respondent Illinois Commerce Commission to respond filed. |
| Oct 30 2013 | Order extending time to file response to petition to and including December 9, 2013, for all respondents. |
| Oct 30 2013 | Waiver of right of respondents FirstEnergy Service Company, et al. to respond filed. |
| Nov 1 2013 | Waiver of right of respondent Michigan Public Service Commission to respond filed. |
| Nov 21 2013 | Waiver of right of respondent Organization of MISO States, Inc. to respond filed. |
| Nov 22 2013 | Order further extending time to file response to petition to and including January 8, 2014. |
| Jan 3 2014 | Waiver of right of respondents Madison Gas Electric Company, et al. to respond filed. |
| Jan 8 2014 | Brief of respondent Federal Energy Regulatory Commission in opposition filed. VIDED. |
| Jan 8 2014 | Brief of respondents Midcontinent Independent System Operator, Inc., and Midwest ISO Transmission Owners in opposition filed. VIDED. |
| Jan 22 2014 | DISTRIBUTED for Conference of February 21, 2014. |
| Jan 22 2014 | Reply of petitioners Bill Schuette, Attorney General of Michigan, et al. filed. (Distributed) |
| Feb 7 2014 | Letter of respondent Federal Energy Regulatory Commission received. (Distributed) VIDED. |
| Feb 24 2014 | Petition DENIED. |
