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Electric Power Supply Association v. Rhodes

Certiorari Denied

Petition for certiorari denied on April 15, 2019.

Docket No.18-879
Op. Below2d Cir.

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.

Proceedings & orders timeline

Dec 14, 2018
Application (18A635) to extend the time to file a petition for a writ of certiorari from December 26, 2018 to January 7, 2019, submitted to Justice Ginsburg.
Dec 18, 2018
Application (18A635) granted by Justice Ginsburg extending the time to file until January 7, 2019.
Jan 7, 2019
Petition for a writ of certiorari filed. (Response due February 8, 2019)
Jan 15, 2019
Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk.
Jan 17, 2019
Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019.
Jan 18, 2019
Blanket Consent filed by Petitioners, Electric Power Supply Association, et al..
Jan 22, 2019
Blanket Consent filed by Respondents, Exelon Corporation, et al..
Jan 22, 2019
Blanket Consent filed by Respondents, John B. Rhodes, et al.
Jan 25, 2019
Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk.
Jan 25, 2019
Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019, for all respondents.
Feb 7, 2019
Brief amici curiae of Energy Economists filed. VIDED.
Feb 7, 2019
Brief amicus curiae of Monitoring Analytics, LLC filed. VIDED.
Feb 8, 2019
Brief amici curiae of American Petroleum Institute, et al. filed.
Feb 8, 2019
Brief amici curiae of Industrial Customers filed.
Mar 11, 2019
Brief of respondents Exelon Corporation, R.E. Ginna Nuclear Power Plant LLC, Constellation Energy Nuclear Group, LLC and Nine Mile Point Nuclear Station, LLC in opposition filed.
Mar 11, 2019
Brief of New York State Respondents in opposition filed.
Mar 26, 2019
Reply of petitioners Electric Power Supply Association, et al. filed.
Mar 27, 2019
DISTRIBUTED for Conference of 4/12/2019.
Apr 15, 2019
Petition DENIED.

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