No. 23-1069

Public Utilities Commission of Ohio v. Federal Energy Regulatory Commission, et al.

Lower Court: Third Circuit
Docketed: 2024-04-01
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-law agency-action agency-deference energy-regulation federal-power-act ferc ferc-review judicial-deference majority-vote statutory-interpretation wholesale-electricity
Key Terms:
AdministrativeLaw SocialSecurity Securities
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Should courts apply the same deferential standard of review that they apply to rules that become effective by order of the Federal Energy Regulatory Commission to rules that lack majority support and instead take effect by operation of law?

Question Presented (from Petition)

QUESTIONS PRESENTED Should courts apply the same deferential standard of review that they apply to rules that become effective by order of the Federal Energy Regulatory Commission to rules that lack majority support and instead take effect by operation of law?

Docket Entries

2024-10-07
Petition DENIED.
2024-06-18
DISTRIBUTED for Conference of 9/30/2024.
2024-06-12
2024-06-12
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2024-05-31
Brief of respondent Federal Energy Regulatory Commission in opposition filed.
2024-05-31
2024-05-02
The motions to extend the time to file responses are granted and the time is extended to and including May 31, 2024, for all respondents.
2024-05-01
Motion of the Solicitor General to extend the time to file a response from May 1, 2024 to May 31, 2024, submitted to The Clerk.
2024-05-01
Motion of Constellation Energy Corporation, et al. to extend the time to file a response from May 1, 2024 to May 31, 2024, submitted to The Clerk.
2024-03-28
2024-02-12
Application (23A731) granted by Justice Alito extending the time to file until March 29, 2024.
2024-02-02
Application (23A731) to extend the time to file a petition for a writ of certiorari from February 29, 2024 to March 29, 2024, submitted to Justice Alito.

Attorneys

Constellation Energy Corporation and Constellation Energy Generation, LLC
Matthew Eben PriceJenner & Block, LLP, Respondent
Matthew Eben PriceJenner & Block, LLP, Respondent
Federal Energy Regulatory Commission
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Public Utilities Commission of Ohio
Michael Jason HendershotOhio Attorney General's Office, Petitioner
Michael Jason HendershotOhio Attorney General's Office, Petitioner