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Electric Power Supply Association v. Star

Certiorari Denied

Petition for certiorari denied on April 15, 2019.

Docket No.18-868
Op. Below7th 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.

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