Legal Resources 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.
National Fuel Gas Supply Corp., et al. v. FERC
No. 17-1143 (D.C. Cir. filed 6/1/2017)
Certificate to construct and operate the Northern Access 2016 Project, consisting of new pipeline and compression facilities in Pennsylvania and New York. National Fuel Gas Supply Corp. and Empire Pipeline, Inc., 158 FERC ¶ 61,145 (2017), reh'g pending (tolling order issued).
FERC Docket No. CP15-115
Indianapolis Power & Light Co. v. FERC
No. 17-2084 (7th Cir. filed 5/24/2017)
Complaint whether MISO tariff properly accounts for available grid-scale battery storage devices. Indianapolis Power & Light Co. v. Midcontinent Indep. Transm. Sys. Oper., Inc., 158 FERC ¶ 61,107 (2017), reh'g pending (tolling order issued).
FERC Docket No. EL17-8
Town of Weymouth, Mass. and Fore River Residents, et al. v. FERC
No. 17-1135, et al. (D.C. Cir. filed 5/24/2017 and later
Certificate to construct and operate the Atlantic Bridge Project, consisting of new pipeline and compression facilities in New York, Connecticut, and Massachusetts. Algonquin Gas Transmission and Maritimes & Northeast Pipeline, 158 FERC ¶ 61,061 (2017), reh'g pending (tolling order issued).
FERC Docket No. CP16-9
Delaware Riverkeeper Network, et al. v. FERC
No. 17-5084 (D.C. Cir. filed 4/24/2017)
Appeal of Mar. 22, 2017 district court dismissal of Riverkeeper complaint, challenging funding of natural gas pipeline reviews and fairness of certificate process, for failure to state a claim upon which relief can be granted. Delaware Riverkeeper Network, et al. v. FERC, D.D.C. 1:16-cv-00416 (J. Chutkin).
[no FERC docket]
NextEra Energy Resources, LLC, et al. v. FERC
No. 17-1110 (D.C. Cir. filed 4/3/2017)
Revisions to New England Forward Capacity Market, including system-wide sloped demand curve and exemption for certain renewable resources from minimum offer price rule. ISO New England, Inc. and New England Power Pool Participants Comm., 147 FERC ¶ 61,173
(2014), order on reh’g & clar., 150 FERC ¶ 61,065 (2015), order on remand, 155 FERC ¶ 61,023 (2016), order on reh’g, 158 FERC ¶ 61,138 (2017).
FERC Docket No. ER14-1639
New Jersey Bd. of Pub. Utils., et al. v. FERC
Nos. 17-1101, et al. (D.C. Cir. filed 3/31/2017)
Allegheny Defense Project, et al. v. FERC
No. 17-1098 (D.C. Cir. filed 3/23/2017)
Certificate authorizing construction and operation of Atlantic Sunrise Project in mid-Atlantic and southern states. Transcontinental Gas Pipe Line Co., LLC, 158 FERC ¶ 61,125
(2017), reh’g pending [tolling order issued]
FERC Docket No. CP15-138
MPS Merchant Services, Inc. and Shell Energy N.A. (US), L.P. v. FERC
Nos. 17-70850 and 17-70881 (9th Cir. filed 3/23/2017)
California refund proceeding orders, directing remaining non-settling sellers to disgorge excess amounts they received for all sales during all hours of the summer 2000 refund period, when market prices were inflated by tariff violations by sellers. San Diego Gas & Electric Co. v. Sellers of Energy, et al., Op. No. 536, 149 FERC ¶ 61,116 (2014), on reh’g, Op. No. 536-A, 153 FERC ¶ 61,144 (2015), on reh’g, 154 FERC ¶ 61,063 (2016), on reh’g, 158 FERC ¶ 61,076 (2017).
FERC Docket No. EL00-95, et al.
Saguaro Power Co. v. FERC
No. 17-1050 (D.C. Cir. filed 2/10/2017)
Old Dominion Elec. Coop. and Dominion Resources Servs. v. FERC
No. 17-1040 and 17-1041 (D.C. Cir. filed 2/6/2017)
Townships of Bordentown and Chesterfield, New Jersey v. FERC
No. 17-1047 (3rd Cir. filed 1/6/2017)
Maine Council of the Atlantic Salmon Federation, et al. v. FERC
No. 17-1003 (D.C. Cir. filed 1/4/2017)
Order amending licenses for three hydroelectric projects on the Kennebec River in Maine, to require protection plans for endangered Atlantic salmon and sturgeon. Merimil Limited Partnership and Brookfield White Pine Hydro, LLC, 155 FERC ¶ 61,185
(2016), reh’g dismissed, 157 FERC ¶ 61,089
FERC Docket No. P-2574, et al.
Big Bend Conservation Alliance v. FERC
No. 17-1002 (D.C. Cir. filed 1/3/2017)
Order authorizing Trans-Pecos Pipeline to site, construct, and operate a border-crossing facility (Presidio Border Crossing Project) for the import and export of natural gas at the international boundary between the US and Mexico. Trans-Pecos Pipeline, LLC,
155 FERC ¶ 61,140
(2016), order on reh’g,
157 FERC ¶ 61,081
FERC Docket No. CP15-500
MISO Transmission Owners v. FERC
No. 16-1449 (D.C. Cir. filed 12/27/2016)
Compliance filings by PJM, MISO, PJM Transmission Owners, and MISO Transmission Owners, concerning interregional transmission coordination and cost planning requirements of Order No. 1000. PJM Interconn., L.L.C., et al.,
149 FERC ¶ 61,250
(2014), order on reh’g and compl., 155 FERC ¶ 61,008
(2016), order on reh’g and compl.,
157 FERC ¶ 61,065 (2016).
FERC Docket No. ER13-1944, et al.
San Diego Gas & Electric Co. v. FERC
No. 16-1433 (D.C. Cir. filed 12/23/2016)