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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. PJM Industrial Customer Coalition v. FERC
    No. 14-1296 (D.C. Cir. filed 12/22/2014)
      Orders granting temporary waivers, to allow cost-based offers into PJM energy markets above $1000 offer cap, and to allow sellers who submit cost-based offers to receive a make-whole payment covering the difference between their costs and the market clearing price.PJM Interconnection, L.L.C., 146 FERC ¶ 61,041 (2014), order on reh’g, 149 FERC ¶ 61,059 (2014), 146 FERC ¶ 61,078 (2014), order on reh’g, 149 FERC ¶ 61,060 (2014).
      FERC Docket No. ER14-1144, et al.

  2. Oklahoma Gas and Electric Co. v. FERC
    No. 14-1281 (D.C. Cir. filed 12/15/2014)
      Filing by Southwest Power Pool in compliance with transmission planning and cost allocation requirements of Order No. 1000. Southwest Power Pool, Inc., et al., 144 FERC ¶ 61,059 (2013), order on reh’g & compl., 149 FERC ¶ 61,048 (2014).
      FERC Docket No. ER13-366, et al.

  3. Xcel Energy Services Inc. v. FERC
    No. 14-1282 (D.C. Cir. filed 12/15/2014)
      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).
      FERC Docket No. ER12-959

  4. Sierra Club and Galveston Baykeeper v. FERC
    No. 14-1275 (D.C. Cir. filed 12/10/2014)
      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).
      FERC Docket No. CP12-29, et al.

  5. Hoopa Valley Tribe v. FERC
    No. 14-1271 (D.C. Cir. filed 12/9/2014)
      Denial of petition for declaratory order concerning Klamath Hydroelectric Project, seeking declaration that licensee PacifiCorp has failed to diligently pursue relicensing of the Project, and that States have waived clean water certification. PacifiCorp, 147 FERC ¶ 61,216 (2014), reh’g denied, 149 FERC ¶ 61,038 (2014).
      FERC Docket No. P-2082

  6. Avista Corp. v. FERC
    No. 14-1248 (D.C. Cir. filed 11/17/2014)
      Filing, by members of ColumbiaGrid, in compliance with transmission planning and cost allocation requirements of Order No. 1000. Avista Corp., et al., 143 FERC ¶ 61,255 (2013), order on reh’g & compl., 148 FERC ¶ 61,212 (2014).
      FERC Docket No. ER13-93, et al.

  7. El Paso Electric Co. v. FERC
    No. 14-60822 (5th Cir. filed 11/17/2014)
      Filing, by members of WestConnect, in compliance with transmission planning and cost allocation requirements of Order No. 1000. Public Service Co. of Colorado, et al., 142 FERC ¶ 61,206 (2013), order on reh’g & compl., 148 FERC ¶ 61,213 (2014).
      FERC Docket No. ER13-75, et al.

  8. Sierra Club v. FERC
    No. 14-1249 (D.C. Cir. filed 11/17/2014)
      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).
      FERC Docket No. CP14-12

  9. Public Citizen, Inc., and George Jepsen, Attorney General of Conn. v. FERC
    Nos. 14-1244 and 14-1246 (D.C. Cir. filed 11/14/2014)
      Results of ISO New England’s eighth annual Forward Capacity Auction. Notice of Filing Taking Effect by Operation of Law, ISO New England Inc., FERC Docket No. ER14-1409 (Sept. 16, 2014), and Notice of Dismissal of Pleadings, Docket No. ER14-1409 (Oct. 24, 2014).
      FERC Docket No. ER14-1409

  10. Sierra Club and Gulf Restoration Network v. FERC
    No. 14-1190 (D.C. Cir. 9/30/2014)
      Authorization to construct and operate LNG export facilities at existing facility in Cameron, Louisiana and related pipeline and compression facilities; objection to environmental review; late filing and rejection of rehearing request. Cameron LNG, LLC; Cameron Interstate Pipeline, LLC, 147 FERC ¶ 61,230 (2014), reh’g rejected, 148 FERC ¶ 61,073 (2014), reh’g denied, 148 FERC ¶ 61,237 (2014).
      FERC Docket No. CP13-25, et al.

  11. Pioneer Trail Wind Farm, LLC and Settlers Trail Wind Farm, LLC v. FERC
    Nos. 13-2326, et al. (7th Cir. filed 9/12/2014)
      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).
      FERC Docket No. ER11-3326, et al.


Updated: January 29, 2015