CPV Power Development, Inc. v. PPL EnergyPlus, LLC

Linked with Fiordaliso v. PPL EnergyPlus, LLC (14-694), Hughes v. Talen Energy Marketing (14-614), CPV Maryland, LLC v. Talen Energy Marketing (14-623)

Certiorari Denied

Petition for certiorari denied on April 25, 2016.

Docket No.14-634

Op. Below3d. Cir.

SCOTUS Page

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.

Proceedings & orders timeline

Nov 26, 2014

Petition for a writ of certiorari filed. (Response due December 29, 2014)

Dec 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.

Dec 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.

Dec 22, 2014

Order extending time to file response to petition to and including February 11, 2015.

Dec 24, 2014

Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.Dec 29, 2014

Brief amici curiae of American Public Power Association, et al. filed. VIDED.Feb 11, 2015

Brief of respondents PPL EnergyPlus, LLC, et al. in opposition filed. VIDED.

Feb 24, 2015

Reply of petitioners CPV Power Development, Inc., et al. filed.

Feb 25, 2015

DISTRIBUTED for Conference of March 20, 2015.

Mar 23, 2015

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Sep 16, 2015

Brief amicus curiae of United States filed. VIDED.

Sep 29, 2015

Supplemental brief of petitioners CPV Power Holdings, LP, Successor in Interest to CPV Power Development, Inc., et al. filed.

Sep 30, 2015

DISTRIBUTED for Conference of October 16, 2015.

Apr 20, 2016

DISTRIBUTED for Conference of April 22, 2016.

Apr 25, 2016

Petition DENIED.

Recommended Citation: CPV Power Development, Inc. v. PPL EnergyPlus, LLC, SCOTUSblog, https://www.scotusblog.com/cases/cpv-power-development-inc-v-ppl-energyplus-llc/