Fiordaliso v. PPL EnergyPlus, LLC
Petition for certiorari denied on April 25, 2016
Linked with:
- CPV Power Development, Inc. v. PPL EnergyPlus, LLC
- CPV Maryland, LLC v. Talen Energy Marketing
- Hughes v. Talen Energy Marketing
Issue: Whether, where, as part of a state-directed procurement, the resulting contract between local utilities and a power plant developer provides for a payment to the power plant developer based on the differential between the developer's competitive bid to build a new power plant and the amount the developer receives from capacity sales in the auction supervised by the Federal Energy Regulatory Commission, and where the contract does not involve any actual sale of capacity, the contract is "field preempted" as an attempt by the state to set interstate electric rates. CVSG: 09/16/2015.
| Date | Proceedings and Orders |
|---|---|
| 12/10/2014 | Petition for a writ of certiorari filed. (Response due January 12, 2015) |
| 12/12/2014 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitoner CPV Power Development, Inc.. VIDED |
| 12/17/2014 | Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 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 petitioners. |
| 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. |
| 01/09/2015 | Brief amicus curiae of The American Wind Energy Association filed. |
| 01/12/2015 | Brief amici curiae of Connecticut, et al. filed. |
| 01/12/2015 | Brief amicus curiae of New York State Public Service Commission filed. |
| 02/11/2015 | Brief of respondents PPL EnergyPlus, LLC, et al. in opposition filed. VIDED. |
| 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. |
| 09/30/2015 | DISTRIBUTED for Conference of October 16, 2015. |
| 09/30/2015 | Supplemental brief of petitioners Joseph L. Fiordaliso, in His Official Capacity as Commissioner of the New Jersey Board of Public Utilities, et al. filed. (Distributed) |
| 04/20/2016 | DISTRIBUTED for Conference of April 22, 2016. |
| 04/25/2016 | Petition DENIED. |