Skip to main content

Fiordaliso v. PPL EnergyPlus, LLC

Linked with CPV Power Development, Inc. v. PPL EnergyPlus, LLC (14-634), CPV Maryland, LLC v. Talen Energy Marketing (14-623), Hughes v. Talen Energy Marketing (14-614)
Certiorari Denied

Petition for certiorari denied on April 25, 2016.

Docket No.14-694
Op. Below3d Cir.
SCOTUS Page

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.

Proceedings & orders timeline

Dec 10, 2014
Petition for a writ of certiorari filed. (Response due January 12, 2015)
Dec 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
Dec 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.
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 petitioners.
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.
Jan 9, 2015
Brief amicus curiae of The American Wind Energy Association filed.
Jan 12, 2015
Brief amici curiae of Connecticut, et al. filed.
Jan 12, 2015
Brief amicus curiae of New York State Public Service Commission filed.
Feb 11, 2015
Brief of respondents PPL EnergyPlus, LLC, et al. in opposition filed. VIDED.
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 30, 2015
DISTRIBUTED for Conference of October 16, 2015.
Sep 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)
Apr 20, 2016
DISTRIBUTED for Conference of April 22, 2016.
Apr 25, 2016
Petition DENIED.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.