Legal Resources Court Cases New Petitions

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.

1. Northern California Power Agency, et al. v. FERC
   No. 09-1156, et al. (D.C. Cir. filed 5/29/2009 and later)
   
Order on remand from Bonneville Power Admin. v. FERC, 422 F.3d 908 (9th Cir. 2005), rescinding refund obligation of certain non-public utility entities participating in California ISO and PX markets prior to June 20, 2001, and clarifying pricing formulations in California ISO and PX tariffs. San Diego Gas & Electric Co. v. Sellers of Energy, et al., 121 FERC ¶ 61,067 (2007), on clar., 121 FERC ¶ 61,188 (2007), reh’g denied, 127 FERC ¶ 61,191 (2009).
FERC Docket No. EL00-95, et al.
Assigned to: Robert Solomon
Status: motions



2. Sacramento Municipal Utility District v. FERC
   No. 09-1141 (D.C. Cir. filed 5/18/2009)
   
Obligation of each transmission organization that is a public utility, pursuant to new FPA section 217, to make available long-term firm transmission rights that satisfy various guidelines to load-serving entities. Long-Term Firm Transmission Rights in Organized Electricity Markets, Order No. 681, 116 FERC ¶ 61,077 (2006), FERC Stats. & Regs. ¶ 31,226 (2006), reh’g denied, 117 FERC ¶ 61,201 (2006), reh’g denied, 126 FERC ¶ 61,254 (2009).
FERC Docket No. RM06-8
Assigned to: Samuel Soopper
Status: in abeyance



3. Sacramento Municipal Utility District v. FERC
   No. 09-1142 (D.C. Cir. filed 5/18/2009)
   
Revisions to California ISO Market Redesign and Technology Upgrade Tariff, concerning short-term financial transmission rights (or congestion revenue rights) and long-term firm transmission rights. California Independent System Operator Corp., 124 FERC ¶ 61,095 (2008), reh’g denied, 126 FERC ¶ 61,233 (2009).
FERC Docket No. ER07-869, et al.
Assigned to: Samuel Soopper
Status: in abeyance



4. Northern California Power Agency, et al. v. FERC
   Nos. 09-71514, et al. (9th Cir. filed 5/15/2009)
   
Conditional approval of contested settlement agreement, distributing funds, from earlier settlements of Gaming and Partnership Proceedings, paid into FERC-controlled accounts to various entities. Duke Energy Trading and Marketing, L.L.C., et al.,, 125 FERC ¶ 61,345 (2008) order on reh’g, 126 FERC ¶ 61,234 (2009).
FERC Docket No. EL03-152, et al.



5. Hoopa Valley Tribe v. FERC
   No. 09-1134 (D.C. Cir. filed 5/12/2009)
   
Denial of motion filed by Hoopa Valley Tribe to impose interim license conditions, during relicensing proceeding, to impose ramping rate and minimum flow conditions to protect trout. PacifiCorp, 125 FERC ¶ 61,196 (2008), reh’g denied, 126 FERC ¶ 61,236 (2009).
FERC Docket No. P-2082
Assigned to: Samuel Soopper
Status: awaiting schedule



6. Missouri Public Service Comm’n v. FERC
   No. 09-1121 (D.C. Cir. filed 4/16/2009)
   
Abandonment and certificate authorizations to certain natural gas pipelines reorganizing into a single FERC-regulated interstate natural gas company; ratemaking and preemption issues. Missouri Interstate Gas, LLC, et al., 119 FERC ¶ 61,074 (2007), order on reh'g & compl., 122 FERC ¶ 61,136 (2008), reh’g denied, 127 FERC ¶ 61,011 (2009).
FERC Docket No. CP06-407, et al.



7. In re: City of Idaho Falls, Idaho, et al.
   No. 09-1120 (D.C. Cir. filed 4/14/2009)
   
Emergency Motion for Stay of updated list of charges hydropower licensees must pay for their use of federal lands. Update of the FERC’s Fee Schedule for Annual Charges for the Use of Government Lands, 74 Fed. Reg. 8184 (Feb. 17, 2009).
FERC Docket No. RM09-6



8. Washington Gas Light Co. v. FERC
   No. 09-1100 (D.C. Cir. filed 3/13/2009)
   
Order on remand from Washington Gas Light Co. v. FERC, 532 F.3d 928 (D.C. Cir. 2008), reauthorizing expansion of Cove Point LNG’s existing LNG import terminal and construction of Dominion’s new downstream pipeline and storage facilities; effect on gas leaks on WGL’s system. Dominion Cove Point LNG, LP, et al., 125 FERC ¶ 61,018 (2008), order on reh’g and clar., 126 FERC ¶ 61,036 (2009).
FERC Docket No. CP05-130, et al.



9. Calpine Energy Services, L.P. v. FERC
   No. 09-1091 (D.C. Cir. filed 3/4/2009)
   
Revised tariff sheets proposing new tariff provisions regarding gas quality and interchangeability. Maritime & Northeast Pipeline, L.L.C., 125 FERC ¶ 61,159 (2008), order on reh'g, 126 FERC ¶ 61,119 (2009).
FERC Docket No. RP08-374