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Metropolitan Edison Co. v. Pennsylvania Public Utility Commission

Certiorari Denied

Petition for certiorari denied on October 9, 2012.

Docket No.12-4

Issue

(1) Whether, contrary to a decision of the Fifth Circuit, the Federal Power Act and filed rate doctrine permit a state public utility commission to deny recovery of FERC-mandated charges by classifying those costs differently from the entity responsible for administering the federal tariff on the ground that the tariff and FERC"s orders do not "unambiguously" or "explicitly" foreclose the state"s chosen classification; and (2) whether, contrary to a decision of the D.C. Circuit, "transmission line losses" reflect the costs of generating electricity rather than the costs of transmitting it.

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