No. 18-333

Old Dominion Electric Cooperative v. Federal Energy Regulatory Commission

Lower Court: District of Columbia
Docketed: 2018-09-14
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: administrative-law discretion federal-energy-regulatory-commission ferc-discretion filed-rate-doctrine market-based-rate polar-vortex reliability retroactive-ratemaking
Key Terms:
AdministrativeLaw Environmental Privacy JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the court of appeals erroneously determined that the filed rate doctrine and the rule against retroactive ratemaking leave the Federal Energy Regulatory Commission no discretion to waive the operation of a filed market-based rate or retroactively to change or to adjust a market-based rate for good cause, such as the exigent circumstances caused by the 2014 Polar Vortex

Question Presented (from Petition)

QUESTION PRESENTED Whether the court of appeals erroneously determined that the filed rate doctrine and the rule against retroactive ratemaking leave the Federal Energy Regulatory Commission no discretion to waive the operation of a filed market-based rate or retroactively to change or to adjust a market-based rate for good cause, such as the exigent circumstances caused by the 2014 Polar Vortex. (i)

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-27
Reply of petitioner Old Dominion Electric Cooperative filed.
2018-11-14
Brief of respondent Federal Energy Regulatory Commission in opposition filed.
2018-10-15
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2018.
2018-10-15
Brief amicus curiae of Alliance for Cooperative Energy Services Power Marketing LLC filed.
2018-10-12
Motion to extend the time to file a response from October 15, 2018 to November 14, 2018, submitted to The Clerk.
2018-09-13
Petition for a writ of certiorari filed. (Response due October 15, 2018)

Attorneys

Alliance for Cooperative Energy Services Power Marketing LLC
Yvonne Yih-Fen HoBracewell LLP, Amicus
Yvonne Yih-Fen HoBracewell LLP, Amicus
Federal Energy Regulatory Commission
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Old Dominion Electric Cooperative
Dennis LaneStinson Leonard Street LLP, Petitioner
Dennis LaneStinson Leonard Street LLP, Petitioner