Metropolitan Edison Co. v. Pennsylvania Public Utility Commission

Issue: (1) Whether, contrary to a decision of the Fifth Circuit, the Federal Power Act and filed rate doctrine permit a state public utility commission to deny recovery of FERC-mandated charges by classifying those costs differently from the entity responsible for administering the federal tariff on the ground that the tariff and FERC’s orders do not “unambiguously” or “explicitly” foreclose the state’s chosen classification; and (2) whether, contrary to a decision of the D.C. Circuit, “transmission line losses” reflect the costs of generating electricity rather than the costs of transmitting it.

Briefs and Documents

Certiorari-stage documents

• Opinion below (Pa. Commw. Ct.)
• Petition for certiorari
• Brief of respondent Pennsylvania Public Utility Commission in opposition
• Brief of respondents Met-Ed Industrial Users Group et al. in opposition
• Motion for leave to file amici brief and amicus brief of Electrical Engineers, Scientists, and Economists
• Motion for leave to file amici brief and amicus brief of Edison Electric Institute
• Motion for leave to file amici brief and amicus brief of Energy Association of Pennsylvania
• Reply of petitioners