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Electric Power Supply Association v. Star

Petition for certiorari denied on April 15, 2019

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Docket No. Argument Opinion Vote Author Term
18-868 N/A N/A N/A N/A OT 2018

Issue: Whether the Federal Power Act pre-empts only state subsidies that explicitly require a wholesale generator to sell its output in auctions approved by the Federal Energy Regulatory Commission, or whether the Federal Power Act also pre-empts state subsidies that lack such an express requirement but that, by design, subsidize only generators that sell their entire output via such auctions, thereby achieving the same effect.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
01/07/2019Petition for a writ of certiorari filed. (Response due February 7, 2019)
01/18/2019Blanket Consent filed by Respondents, Anthony Star, Director of Ill. Power Agency; Brien Sheahan, et al., Members of the of the Ill. Commerce Comm'n.
01/18/2019Blanket Consent filed by Petitioners, Electric Power Supply Association, et al..
01/22/2019Motion to extend the time to file a response from February 7, 2019 to March 11, 2019, submitted to The Clerk.
01/22/2019Blanket Consent filed by Respondent, Exelon Generation Company, LLC.
01/23/2019Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019, for all respondents.
02/07/2019Brief amici curiae of Energy Economists filed. VIDED.
02/07/2019Brief amici curiae of Industrial Customers filed.
02/07/2019Brief amicus curiae of Monitoring Analytics, LLC filed. VIDED.
02/15/2019Waiver of right of respondents Village of Old Mill Creek, Ferrite International Company, Got it Maid, Inc., Nafsica Zotos, Robert Dillon, Richard Owens, and Robin Hawkins to respond filed.
03/11/2019Brief of respondent Exelon Generation Company, LLC in opposition filed.
03/11/2019Brief of respondents Anthony Star, Director of Ill. Power Agency; Brien Sheahan, et al., Members of the of the Ill. Commerce Comm'n in opposition filed.
03/26/2019Reply of petitioners Electric Power Supply Association, et al. filed.
03/27/2019DISTRIBUTED for Conference of 4/12/2019.
04/15/2019Petition DENIED.