Appellate Briefs

MISO Transmission Owners v. FERC No. 14-2153 Order 1000 compliance matter challenging Mobile-Sierra determinations regarding MISO's right of first refusal provisions. Midwest Indep. Transm. System Op., Inc.; MISO Transm. Owners, et al., 142 FERC ¶ 61,215 (2013), order on reh’g & compl., 147 FERC ¶ 61,127 (2014). Circuit 7th Cir.

Sierra Club v. FERC No. 14-1249 Approval of requested increase in production capacity of Liquefied Natural Gas export terminal. Sabine Pass Liquefaction, LLC and Sabine Pass LNG, L.P., 146 FERC ¶ 61,117 (2014), reh’g denied, 148 FERC ¶ 61,200 (2014). Circuit D.C. Cir.

Xcel Energy Services Inc. v. FERC No. 14-1282 Rates for transmission service by Tri-County Electric Cooperative; whether rates should be subject to refund, absent a commitment by Tri-County, an exempt public utility, to refund difference between filed rate and rate ultimately found to be just and reasonable. Southwest Power Pool, Inc., 138 FERC ¶ 61,231 (2012), order on reh’g, 142 FERC ¶ 61,135 (2013), order on reh’g & compl., 149 FERC ¶ 61,050 (2014). Circuit D.C. Cir.

Bob Keenan, et al. v. Norman C. Bay No. 15-cv-1440 (RCL) Motion for temporary restraining order to prevent the transfer of the Kerr hydroelectric dam denied after 9/4/15 oral argument, and complaint voluntarily dismissed on 10/13/15 in response to 9/17/15 motion to dismiss for lack of jurisdiction (wrong court, wrong time). Circuit D.D.C.

In Re: Clean Air Council No. 15-2940 Response to petition for mandamus and stay of FERC order granting certificate for pipeline expansion. Circuit 3rd Cir.

Nazarian, et al. v. PPL Energy Plus, LLC No. 14-614, et al. Brief for the United States as amicus curiae opposing four petitions for writs of certiorari for Supreme Court review. Two petitions, filed by Douglas Nazarian, et al. (in their official capacities as the then Chairman and Commissioners of the Maryland Public Service Commission) and CPV Maryland, LLC, seek review of the Fourth Circuit’s finding that Maryland’s Generation Order is preempted by the Federal Power Act. Two petitions, filed by Joseph L. Fiordaliso (in his official capacity as Commissioner of the NJ Bd. of Pub. Utilities) and CPV Power Development, Inc., seek review of the Third Circuit’s finding that the New Jersey’s Long Term Capacity Pilot Program Act is preempted by the Federal Power Act. [Brief filed by the Solicitor General of the United States]. Circuit Supreme Court

FERC v. Electric Power Supply Ass’n No. 14-840 Merits reply brief seeking Supreme Court reversal of May 23, 2014 decision of the D.C. Circuit invalidating Commission rulemaking governing participation by eligible demand response resources in organized wholesale energy markets. Demand Response Compensation in Organized Wholesale Energy Markets, Order No. 745, 134 FERC ¶ 61,187 (2011), order on reh’g, 137 FERC ¶ 61,215 (2011). [Brief filed by the Solicitor General of the United States] Circuit Supreme Court

LSP Transmission Holdings, et al. v. FERC No. 14-2533 Order 1000 compliance matter challenging approval of Midwest ISO and certain Transmission Owners' filing to exclude baseline reliability projects from Order 1000 cost allocation requirements. Midwest Indep. Transm. System Op., Inc.; MISO Transm. Owners, et al., 142 FERC ¶ 61,215 (2013), order on reh’g & compl, 147 FERC ¶ 61,127 (2014). Circuit 7th Cir.

Sierra Club and Galveston Baykeeper v. FERC No. 14-1275 Order authorizing Freeport LNG to export LNG from existing Quintana Island terminal and to construct and operate related facilities; consideration of project impacts. Freeport LNG Development, et al., 148 FERC ¶ 61,076 (2014), reh’g & clar. denied, 149 FERC ¶ 61,119 (2014). Circuit D.C. Cir.

FERC v. Electric Power Supply Ass’n No. 14-840 Merits brief seeking Supreme Court reversal of May 23, 2014 decision of the D.C. Circuit invalidating Commission rulemaking governing participation by eligible demand response resources in organized wholesale energy markets. Demand Response Compensation in Organized Wholesale Energy Markets, Order No. 745, 134 FERC ¶ 61,187 (2011), order on reh’g, 137 FERC ¶ 61,215 (2011). [Brief filed by the Solicitor General of the United States] Circuit Supreme Ct.

Town of Dedham v. FERC No. 1:15-cv-12352-GAO Motion for preliminary injunction to stop Algonquin construction denied, and motion to dismiss for lack of jurisdiction (wrong court, wrong time) granted, after 7/13/15 argument). Circuit D. Mass.

EarthReports, Inc. v. FERC No. 15-1127 Commission’s opposition to emergency motion to stay construction of liquefied natural gas export facilities on 59.5 acres and clearing of an additional 190 acres for construction staging. Circuit D.C. Cir.

People of the State of Cal., et al. v. FERC Nos. 13-71276, et al. Orders: (1) on remand from Port of Seattle, Wash. v. FERC, 499 F.3d 1016 (9th Cir. 2007), establishing an evidentiary, trial-type hearing in Pacific Northwest refund proceeding before an ALJ and addressing scope of issues (including Mobile-Sierra issues) for hearing; and (2) approving 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 at Wholesale into Electric Energy and/or Capacity Markets in the Pacific Northwest, 137 FERC ¶ 61,001 (2011), order on reh’g, 143 FERC ¶ 61,020 (2013); 146 FERC ¶ 61,123 (2014), reh’g denied, 147 FERC ¶ 61,223 (2014). Circuit 9th Cir.

W. Minn. Municipal Power Agency v. FERC No. 14-1153 Competing applications for preliminary permit to study Saylorville Dam Project in Polk County, Iowa; whether municipal preference should be limited to development of water resources located in the vicinity of the municipality. FFP Qualified Hydro 14, LLC; W. Minn. Mun. Power Agency, 145 FERC ¶ 61,255 (2013), reh’g denied, 147 FERC ¶ 61,233 (2014). Circuit D.C. Cir.

TransCanada Power Mrktg. et al. v. FERC No. 14-1103, et al. 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). Circuit D.C. Cir.

Pioneer Trail Wind Farm, LLC, et al. v. FERC Nos. 13-2326, et al. Interconnection of wind facilities to transmission network and cost responsibility for network upgrades. Midwest Independent Transmission System Operator, Inc., 135 FERC ¶ 61,222 (2011), order on reh’g & clar., 143 FERC ¶ 61,050 (2013), order on reh’g & clar., 148 FERC ¶ 61,047 (2014). Circuit 7th Cir.

In Re: Delaware Riverkeeper Network No. 15-1052 Response to petition for stay pending appellate court review of FERC orders granting pipeline certificate. Circuit D.C. Cir.

Colonial Pipeline Co. v. FERC No. 14-1078 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). Circuit D.C. Cir.

FERC v. Electric Power Supply Ass’n No. 14-840 Petition for a writ of certiorari seeking Supreme Court review of May 23, 2014 decision of the D.C. Circuit invalidating Commission rulemaking. Statutory authority to establish the rules governing participation by eligible demand response resources in organized wholesale energy markets. Demand Response Compensation in Organized Wholesale Energy Markets, Order No. 745, 134 FERC ¶ 61,187 (2011), order on reh’g, 137 FERC ¶ 61,215 (2011). [Petition filed by the Solicitor General of the United States] Circuit Supreme Ct.

Louisiana Pub. Serv. Comm’n v. FERC Nos. 12-1282 and 12-1295 Rates to implement first annual bandwidth remedy (rough production cost equalization among Entergy operating companies); various ratemaking issues. Entergy Services, Inc., Opinion No. 505, 130 FERC ¶ 61,023 (2010), order on reh’g & clar., Opinion No. 505-A, 139 FERC ¶ 61,103 (2012), reh’g denied, 145 FERC ¶ 61,046 (2013). Circuit D.C. Cir.