Legal Resources New Petitions
Many Commission decisions are challenged or enforced in the Federal courts. The Office of the Solicitor, OGC, has independent authority to defend the Commission in court, typically the U.S. Courts of Appeals, unless the matter goes to the U.S. Supreme Court.
The defense normally entails preparing motions and briefs and presenting oral arguments before three-judge panels. It may also involve responding to petitions for writ of mandamus and requests to stay the underlying Commission action. At times, the Office files briefs as a "friend of the court," and in certain limited circumstances also defends the Commission or enforces its initiatives in the U.S. district courts.
- Avista Corp. v. FERC
No. 14-1248 (D.C. Cir. filed 11/17/2014)
- El Paso Electric Co. v. FERC
No. 14-60822 (5th Cir. filed 11/17/2014)
- Sierra Club v. FERC
No. 14-1249 (D.C. Cir. filed 11/17/2014)
- Public Citizen, Inc., and George Jepsen, Attorney General of Conn. v. FERC
Nos. 14-1244 and 14-1246 (D.C. Cir. filed 11/14/2014)
- Sierra Club and Gulf Restoration Network v. FERC
No. 14-1190 (D.C. Cir. 9/30/2014)
Authorization to construct and operate LNG export facilities at existing facility in Cameron, Louisiana and related pipeline and compression facilities; objection to environmental review; late filing and rejection of rehearing request. Cameron LNG, LLC; Cameron Interstate Pipeline, LLC, 147 FERC ¶ 61,230 (2014), reh’g rejected, 148 FERC ¶ 61,073 (2014), reh’g denied, 148 FERC ¶ 61,237 (2014).
FERC Docket No. CP13-25, et al.
- Pioneer Trail Wind Farm, LLC and Settlers Trail Wind Farm, LLC v. FERC
Nos. 13-2326, et al. (7th Cir. filed 9/12/2014)
Interconnection of wind facilities to transmission network and cost responsibility for network upgrades. Midwest Independent Transmission System Operator, Inc., 135 FERC ¶ 61,222 (2011), order on reh’g & clar., 143 FERC ¶ 61,050 (2013) , order on reh’g & clar., 148 FERC ¶ 61,047 (2014).
FERC Docket No. ER11-3326, et al.
- Western Minnesota Municipal Power Agency, et al. v. FERC
No. 14-1153 (D.C. Cir. filed 8/15/2014)
Competing applications for preliminary permit to study Saylorville Dam Project in Polk County, Iowa; whether municipal preference should be limited to development of water resources located in the vicinity of the municipality. FFP Qualified Hydro 14, LLC; W. Minn. Mun. Power Agency, 145 FERC ¶ 61,255 (2013), reh’g denied, 147 FERC ¶ 61,233 (2014).
FERC Docket No. P-13579, et al.
- Idaho Power Co., et al. v. FERC
No. 14-72384 (9th Cir. filed 8/5/2014)
Approval of settlement between Idaho Power, IDACORP, and Powerex Corp., on the condition that settling parties remove settlement provisions precluding potential ripple claims by third-parties. Puget Sound Energy, Inc. v. All Jurisdictional Sellers of Energy and/or Capacity in the Pacific Northwest, 146 FERC ¶ 61,123 (2014), reh’g denied, 147 FERC ¶ 61,223 (2014).
FERC Docket No. EL01-10
- Ameren Corp. v. FERC
No. 14-1141 (D.C. Cir. filed 7/25/2014)
Approval of accounting entries concerning internal Ameren reorganization; treatment of acquisition premiums and related rate matters, and direction to make refunds. Ameren Corp., 140 FERC ¶ 61,034 (2012), order on refunds, 143 FERC ¶ 61,240 (2013), reh’g denied, 147 FERC ¶ 61,225 (2014).
FERC Docket No. AC11-46
- People of the State of California, et al. v. FERC
No. 14-72092 (9th Cir. filed 7/11/2014)
Order denying motion to lodge additional evidence of market manipulation in the California refund proceeding, concerning the resetting of the just and reasonable clearing prices during the refund period. San Diego Gas & Electric Co. v. Sellers of Energy and Ancillary Services, 148 FERC ¶ 61,006 (2014), and earlier orders.
FERC Docket No. EL00-95
- TransCanada Power Mrktg. Ltd., et al. v. FERC
No. 14-1103, et al. (D.C. Cir. filed 6/6/2014)
Revision to tariff to aid ISO in maintaining winter reliability, by procuring supplemental oil-fired, dual-fired, and demand response resources; bid selection process results. ISO New England, Inc., 144 FERC ¶ 61,204 (2013), reh’g denied, 147 FERC ¶ 61,026 (2014); 145 FERC ¶ 61,023 (2013), reh’g denied, 147 FERC ¶ 61,027 (2014).
FERC Docket No. ER13-1851, et al.