CPV Power Development, Inc. v. PPL EnergyPlus, LLC
Petition for certiorari denied on April 25, 2016
Linked with:
- Fiordaliso v. PPL EnergyPlus, LLC
- Hughes v. Talen Energy Marketing
- CPV Maryland, LLC v. Talen Energy Marketing
Issue: Whether, where, as a result of a state-directed procurement, the contract price to build and operate a power plant is the developer's bid price, and may result in payments beyond what the developer earns selling the plant's capacity in the Federal Energy Regulatory Commission (FERC)-supervised auction, the program is "field preempted" as a state's attempt to set interstate wholesale rates. CVSG: 09/16/2015.
| Date | Proceedings and Orders |
|---|---|
| 11/26/2014 | Petition for a writ of certiorari filed. (Response due December 29, 2014) |
| 12/12/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsels for the petitioner CPV Power Development, Inc. VIDED. |
| 12/17/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 12/22/2014 | Order extending time to file response to petition to and including February 11, 2015. |
| 12/24/2014 | Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED. |
| 12/29/2014 | Brief amici curiae of American Public Power Association, et al. filed. VIDED. |
| 02/11/2015 | Brief of respondents PPL EnergyPlus, LLC, et al. in opposition filed. VIDED. |
| 02/24/2015 | Reply of petitioners CPV Power Development, Inc., et al. filed. |
| 02/25/2015 | DISTRIBUTED for Conference of March 20, 2015. |
| 03/23/2015 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 09/16/2015 | Brief amicus curiae of United States filed. VIDED. |
| 09/29/2015 | Supplemental brief of petitioners CPV Power Holdings, LP, Successor in Interest to CPV Power Development, Inc., et al. filed. |
| 09/30/2015 | DISTRIBUTED for Conference of October 16, 2015. |
| 04/20/2016 | DISTRIBUTED for Conference of April 22, 2016. |
| 04/25/2016 | Petition DENIED. |