Federal Energy Regulatory Commission v. Electric Power Supply Association
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| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-840 | D.C. Cir. | Oct 14, 2015 | Apr 26, 2025 | 6-2 | Kagan | OT 2015 |
Holding: The Federal Power Act authorizes the Federal Energy Regulatory Commission to regulate " the sale of electric energy at wholesale in interstate commerce," including both wholesale electricity rates and any rule or practice "affecting" such rates, but it leaves the regulation of "any other sale" of electricity to the states. The FPA provides FERC with the authority to regulate wholesale market operators' compensation of demand response bids because the practices at issue directly affect wholesale rates, FERC has not regulated retail sales, and the contrary view would conflict with the FPA's core purposes. Moreover, FERC's decision to compensate demand response providers at the locational marginal price, which is the same price paid to generators, instead of at the locational marginal price less the retail rate for electricity, is not arbitrary and capricious when FERC provided a detailed explanation for that decision and responded at length to contrary views.
Judgment: Reversed and remanded, 6-2, in an opinion by Justice Kagan on April 26, 2025. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. Justice Alito took no part in the consideration or decision of the cases.
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| Date | Proceedings and Orders |
|---|---|
| 12/05/2014 | Application (14A596) to extend the time to file a petition for a writ of certiorari from December 16, 2014 to January 15, 2015, submitted to The Chief Justice. |
| 12/08/2014 | Application (14A596) granted by The Chief Justice extending the time to file until January 15, 2015. |
| 01/15/2015 | Petition for a writ of certiorari filed. (Response due February 17, 2015) |
| 01/15/2015 | Appendix of Federal Energy Regulatory Commission filed. |
| 02/11/2015 | Order extending time to file response to petition to and including March 19, 2015, for all respondents. |
| 02/11/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Electric Power supply Association, et al. VIDED. |
| 02/17/2015 | Brief of respondent California Independent System Operator in support filed. VIDED. |
| 02/17/2015 | Motion for leave to file amicus brief filed by NRG Energy, Inc. VIDED. |
| 02/17/2015 | Brief amici curiae of Fourteen Utilities Including Consolidated Edison Co. of New York and Affiliates, et al. filed. VIDED. |
| 02/17/2015 | Brief of respondents California Public Utilities Commission, et al. in support filed. VIDED. |
| 02/17/2015 | Brief amici curiae of Delaware Division of the Public Advocate. et al. filed. VIDED. |
| 02/18/2015 | Brief amici curiae of Electricity Consumers and Demand Response Providers filed. VIDED. |
| 03/19/2015 | Brief of respondents Electric Power Supply Association, et al. in opposition filed. VIDED. |
| 04/07/2015 | Reply of petitioners EnerNOC, Inc., et al. filed. (Distributed) |
| 04/08/2015 | DISTRIBUTED for Conference of April 24, 2015. |
| 04/08/2015 | Reply of petitioner Federal Energy Regulatory Commission filed. (Distributed) |
| 04/27/2015 | DISTRIBUTED for Conference of May 1, 2015. |
| 05/04/2015 | Motion for leave to file amicus brief filed by NRG Energy, Inc. GRANTED. Justice Alito took no part in the consideration or decision of this motion. |
| 05/04/2015 | Petition GRANTED The petition for a writ of certiorari in 14-841 is GRANTED. The cases are consolidated and a total of one hour is allotted for oral argument. The cases are granted limited to the following Questions: 1) Whether the Federal Energy Regulatory Commission reasonably concluded that it has authority under the Federal Power Act, 16 U. S. C. 791a et seq., to regulate the rules used by operators of wholesale electricity markets to pay for reductions in electricity consumption and to recoup those payments through adjustments to wholesale rates. 2) Whether the Court of Appeals erred in holding that the rule issued by the Federal Energy Regulatory Commission is arbitrary and capricious. VIDED. Justice Alito took no part in the consideration or decision of this petition. |
| 05/27/2015 | The time to file the joint appendix and petitioners' briefs on the merits is extended to and including July 9, 2015. VIDED |
| 05/27/2015 | The time to file respondents' briefs on the merits is extended to and including August 31, 2015. VIDED |
| 06/02/2015 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the petitioner EnerNOC. VIDED. |
| 06/22/2015 | Letter of amendment to financial disclosure statement received from counsel for respondents Electric Power Supply Association, et al. VIDED |
| 06/22/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Electric Power Supply Association, et al. VIDED. |
| 06/29/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners Energy Connect, Inc., Coalition of MISO Transmission Customers, and the PJM Industrial Coalition, and Viridity Energy, Inc. VIDED. |
| 07/08/2015 | Letter from counsel for respondent in support California Independent System Operator (CAISO) notifying Clerk that it will not be filing a brief on the merits in these proceedings. VIDED. |
| 07/09/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for PJM Interconnection, LLC. VIDED. |
| 07/09/2015 | Joint appendix filed. (Two Volumes) VIDED. (Statement of costs filed.) |
| 07/09/2015 | Brief of petitioners EnerNOC, Inc., et al. (Private Petitioners) filed. VIDED. |
| 07/09/2015 | Brief of petitioner Federal Energy Regulatory Commission filed. |
| 07/09/2015 | Brief of respondent California Public Utilities Commission in support filed. VIDED. |
| 07/09/2015 | Brief of respondents Joint States in support filed. VIDED. |
| 07/09/2015 | Brief of respondent PJM Interconnection, LLC in support filed. VIDED. |
| 07/10/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the Federal petitioner in No.14-840. VIDED. |
| 07/16/2015 | Brief amici curiae of Grid Engineers and Experts in support of neither party filed. VIDED. |
| 07/16/2015 | Brief amicus curiae of NRG Energy, Inc. in support of neither party filed. VIDED. |
| 07/16/2015 | Brief amici curiae of Electricity Consumers and Demand Response Providers filed. VIDED. |
| 07/16/2015 | Brief amicus curiae of Charles J. Cicchetti filed. VIDED. |
| 07/16/2015 | Brief amicus curiae of Energy Law Scholars filed. VIDED. |
| 07/16/2015 | Brief amicus curiae of Microgrid Resources Coalition filed. VIDED. |
| 07/16/2015 | Brief amicus curiae of Stanford Economics Professor Charles D. Kolstad filed. VIDED. |
| 07/16/2015 | Brief amici curiae of Illinois, et al. filed. VIDED. |
| 07/16/2015 | Brief amicus curiae of The Guarini Center on Environmental, Energy and Land Use Law at New York University School of Law filed. VIDED. |
| 07/16/2015 | Brief amici curiae of Conservation Law Foundation, et al. filed. VIDED. |
| 07/29/2015 | SET FOR ARGUMENT on Wednesday, October 14, 2015. VIDED |
| 07/31/2015 | CIRCULATED. |
| 08/12/2015 | Record requested from U.S.C.A. District of Columbia Circuit. |
| 08/26/2015 | Record received from U.S.C.A. District of Columbia Circuit is electronic and available on PACER. A copy of the transcript of oral arguments is available electronically. |
| 08/31/2015 | Brief of respondents Midwest Load-Serving Entities filed. VIDED. (Distributed) |
| 08/31/2015 | Brief of respondents Electric Power Supply Association, et al. filed. VIDED. (Distributed) |
| 09/01/2015 | Brief amici curiae of CES and Dr. Silkman filed. VIDED. (Distributed) |
| 09/04/2015 | Record from the Federal Energy Regulatory Commission, sent by the U.S. Dept. of Justice is electronic. The record can be accessed on the Federal Energy Regulatory Commission public eLibrary website. |
| 09/04/2015 | Motion for divided argument filed by the Solicitor General. VIDED. |
| 09/04/2015 | Brief amici curiae of North Carolina Utilities Commission, et al. filed. VIDED. (Distributed) |
| 09/08/2015 | Brief amici curiae of Robert L. Borlick, et al. filed. VIDED. (Distributed) |
| 09/08/2015 | Brief amici curiae of Indiana, et al. filed. VIDED. (Distributed) |
| 09/08/2015 | Brief amicus curiae of Public Utility Law Project of New York filed. VIDED. (Distributed) |
| 09/08/2015 | Brief amicus curiae of Southern Company Services, Inc. filed. VIDED. (Distributed) |
| 09/08/2015 | Brief amici curiae of Nuclear Energy Institute and America's Natural Gas Alliance filed. VIDED. (Distributed) |
| 09/08/2015 | Brief amicus curiae of Public Service Commission of the State of New York filed. VIDED. (Distributed) |
| 09/24/2015 | Reply of petitioners EnerNOC, Inc., et al. (Private Petitioners) filed. VIDED. (Distributed) |
| 09/25/2015 | Reply of respondent California Public Utilities Commission filed. VIDED. (Distributed) |
| 09/28/2015 | Motion for divided argument filed by the Solicitor General GRANTED. Justice Alito took no part in the consideration or decision of this motion. VIDED |
| 09/29/2015 | Reply of respondents Joint States filed. VIDED. (Distributed) |
| 09/30/2015 | Reply of petitioner Federal Energy Regulatory Commission filed. (Distributed) |
| 10/13/2015 | Letter from the Solicitor General filed. (Distributed) |
| 10/14/2015 | Argued. For federal petitioner: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For private petitioners: Carter G. Phillips, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C. VIDED |
| 10/15/2015 | Letter from Clerk of Court to counsel of record for the parties in No. 14-840 & No. 14-841. |
| 01/25/2016 | Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Scalia, J. filed a dissenting opinion, in which Thomas, J., joined. Alito J., took no part in the consideration or decision of the cases. VIDED |
| 02/26/2016 | Judgment Issued |