Electric Power Supply Association v. Rhodes
Petition for certiorari denied on April 15, 2019Linked with:
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioners in this case.
Issue: Whether the Federal Power Act pre-empts only state subsidies that explicitly require a wholesale generator to sell its output in auctions approved by the Federal Energy Regulatory Commission, or whether the Federal Power Act also pre-empts state subsidies that lack such an express requirement but that, by design, subsidize only generators that sell their entire output via such auctions, thereby achieving the same effect.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Dec 14 2018 | Application (18A635) to extend the time to file a petition for a writ of certiorari from December 26, 2018 to January 7, 2019, submitted to Justice Ginsburg. |
| Dec 18 2018 | Application (18A635) granted by Justice Ginsburg extending the time to file until January 7, 2019. |
| Jan 07 2019 | Petition for a writ of certiorari filed. (Response due February 8, 2019) |
| Jan 15 2019 | Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk. |
| Jan 17 2019 | Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019. |
| Jan 18 2019 | Blanket Consent filed by Petitioners, Electric Power Supply Association, et al.. |
| Jan 22 2019 | Blanket Consent filed by Respondents, Exelon Corporation, et al.. |
| Jan 22 2019 | Blanket Consent filed by Respondents, John B. Rhodes, et al. |
| Jan 25 2019 | Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk. |
| Jan 25 2019 | Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019, for all respondents. |
| Feb 07 2019 | Brief amici curiae of Energy Economists filed. VIDED. |
| Feb 07 2019 | Brief amicus curiae of Monitoring Analytics, LLC filed. VIDED. |
| Feb 08 2019 | Brief amici curiae of American Petroleum Institute, et al. filed. |
| Feb 08 2019 | Brief amici curiae of Industrial Customers filed. |
| Mar 11 2019 | Brief of respondents Exelon Corporation, R.E. Ginna Nuclear Power Plant LLC, Constellation Energy Nuclear Group, LLC and Nine Mile Point Nuclear Station, LLC in opposition filed. |
| Mar 11 2019 | Brief of New York State Respondents in opposition filed. |
| Mar 26 2019 | Reply of petitioners Electric Power Supply Association, et al. filed. |
| Mar 27 2019 | DISTRIBUTED for Conference of 4/12/2019. |
| Apr 15 2019 | Petition DENIED. |
