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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.

  1. 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

  2. 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

  3. 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

  4. 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.

  5. Central Hudson Gas & Elec. Corp, et al. v. FERC
    No. 14-1786, et al. (2d Cir. filed 5/28/2014 and later)

  6. American Transmission Systems, Inc., et al. v. FERC
    No. 14-1085, et al. (D.C. Cir. filed 5/27/2014 and later)
      Order on PJM compliance with transmission planning and cost allocation requirements of Order No. 1000 rulemaking. PJM Interconnection, L.L.C., et al., 142 FERC ¶ 61,214 (2013), on reh’g & compl., 147 FERC ¶ 61,128 (2014).
      FERC Docket No. ER13-198, et al.

  7. MISO Transmission Owners v. FERC
    No. 14-2153, et al. (7th Cir. filed 5/23/2014 and later)
      Order on Midwest ISO compliance with transmission planning and cost allocation requirements of Order No. 1000 rulemaking. Midwest Independent Transmission System Operator, Inc., and the MISO Transmission Owners, et al., 142 FERC ¶ 61,215 (2013), order on reh’g & compl, 147 FERC ¶ 61,127 (2014).
      FERC Docket No. ER13-187, et al.

  8. Colonial Pipeline Co. v. FERC and United States of America
    No. 14-1078 (D.C. Cir. filed 5/19/2014)
      Denial of petition for declaratory order, seeking contract rates for certain shippers for existing capacity, priority for excess capacity for contract shippers, and prorationing method for contract shippers. Colonial Pipeline Co., 146 FERC ¶ 61,206 (2014).
      FERC Docket No. OR14-8

  9. Edison Electric Institute v. FERC
    No. 14-1071 (D.C. Cir. filed 5/9/2014)
      Compliance filing implementing conditional approval of FPA section 215 funding for an independent reliability coordinator for the Western Electricity Coordinating Council. North American Electric Reliability Corp., et al., 146 FERC ¶ 61,092 (2014), reh’g denied, 147 FERC ¶ 61,064 (2014).
      FERC Docket No. EL13, et al.

  10. Louisiana Pub. Serv. Comm’n v. FERC
    No. 14-1063 (D.C. Cir. filed 4/22/2014)
      Order on remand from LPSC v. FERC, 522 F.3d 378 (D.C. Cir. 2008), concerning whether to order refunds and when to implement bandwidth remedy. Louisiana Pub. Serv. Comm’n v. Entergy Services, Inc., 137 FERC ¶ 61,047 (2011), order on reh’g, 146 FERC ¶ 61,152 (2014).
      FERC Docket No. EL01-88

  11. Gunpowder Riverkeeper v. FERC
    No. 14-1062 (D.C. Cir. filed 4/18/2014)
      Commission authorization to construct and operate 21 miles of pipeline and appurtenant facilities in Baltimore and Harford Counties, MD; claimed adverse effect on the Gunpowder River watershed and Gunpowder Falls State Park. Columbia Gas Transmission, LLC, 145 FERC ¶ 61,153 (2013), reh’g denied, 146 FERC ¶ 61,116 (2014).
      FERC Docket No. CP13-8


Updated: August 13, 2014