Given the text of a SCOTUS petition for writ of certiorari, the issue being raised is: May FERC deny a refund authorized by FPA Section 206(b) based on the threat of a state regulatory commission to violate the Supremacy Clause?

QUESTIONS PRESENTED 1. Given this Court’s holdings that the Federal Power Act (“FPA”) preempts inconsistent state ratemaking and requires state agencies to treat cost allocations made by the Federal Energy Regulatory Commission (“FERC”) as reasonable, may FERC deny a refund authorized by FPA Section 206(b) based on the threat of a state regulatory commission to violate the Supremacy Clause by denying recovery of the surcharge needed to make the refund? 2. When FERC grants a refund for an unjust and unreasonable holding company cost allocation, pursuant to its policy to grant refunds for unjust and unreasonable rates, and numerous holding company refund decisions support the policy, may a court of appeals accept without scrutiny FERC’s subsequent reversal of its refund decision based on its assertion that its previously-cited policy never existed and its reversal of key prior findings without explanation?