No. 21-1368

Old Dominion Electric Cooperative v. PJM Interconnection, LLC

Lower Court: Fourth Circuit
Docketed: 2022-04-21
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: arising-under-jurisdiction civil-rights federal-preemption federal-regulatory-agency filed-rate-doctrine substantial-federal-question supremacy-clause tariff-regulation well-pleaded-complaint-rule
Key Terms:
Jurisdiction
Latest Conference: 2022-09-28 (distributed 2 times)
Question Presented (AI Summary)

Do state-law claims that allegedly conflict with federally filed tariffs involve a substantial federal question; or does the filed-rate doctrine merely operate as a federal preemption defense that, under the well-pleaded complaint rule, does not confer arising-under jurisdiction?

Question Presented (OCR Extract)

QUESTION PRESENTED In this case, Petitioner asks the Court to resolve lower-court confusion arising from the intersection of two Court-created principles: the “substantial federal question” doctrine and the “filed rate” doctrine. Under the doctrine, a federal court has “arising under” jurisdiction over state-law claims that necessarily depend on a substantial issue of federal law. It is an exception to the general rule that only federal claims create arising-under jurisdiction. The federal filedrate doctrine, in turn, bars state-law claims that conflict with “tariffs” on file with a federal regulatory agency to whom Congress has given exclusive ratemaking authority. It is a form of preemption, deriving its force from the Supremacy Clause. Plaintiff, an electricity generator, filed a statecourt action against Defendant, a grid operator, for breach of contract, unjust enrichment, and fraud. Defendant removed the state-court action to federal court, arguing that Plaintiffs state-law claims were inconsistent with the tariff that Defendant had filed with FERC. The question presented is: Do state-law claims that allegedly conflict with federally filed tariffs involve a substantial federal question; or does the filed-rate doctrine merely operate as a federal preemption defense that, under the rule, does not confer arising-under jurisdiction?

Docket Entries

2022-10-03
Petition DENIED.
2022-09-02
Reply of petitioner Old Dominion Electric Cooperative filed. (Distributed)
2022-08-31
DISTRIBUTED for Conference of 9/28/2022.
2022-08-11
Brief of respondent PJM Interconnection, LLC in opposition filed.
2022-07-14
Motion to extend the time to file a response is granted and the time is further extended to and including August 11, 2022.
2022-07-13
Motion to extend the time to file a response from July 21, 2022 to August 11, 2022, submitted to The Clerk.
2022-06-14
Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2022.
2022-06-10
Motion to extend the time to file a response from June 21, 2022 to July 21, 2022, submitted to The Clerk.
2022-05-20
Response Requested. (Due June 21, 2022)
2022-05-10
DISTRIBUTED for Conference of 5/26/2022.
2022-05-02
Waiver of right of respondent PJM Interconnection, LLC to respond filed.
2022-04-19
Petition for a writ of certiorari filed. (Response due May 23, 2022)

Attorneys

PJM Interconnection, LLC
Jeffrey Alan LamkenMoloLamken LLP, Respondent