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.
- Narragansett Indian Tribal Historic Preservation Office v. FERC
No. 19-1009 (D.C. Cir. filed 1/15/2019)
- Certificate authorizing construction and operation of Tennessee’s Connecticut Expansion Project in New York, Massachusetts, and Connecticut; denial of late intervention. Tennessee Gas Pipeline Co., L.L.C., 162 FERC ¶ 61,013 (2018), (and earlier 4/12/17 notice to proceed , reh’g denied, 165 FERC ¶ 61,170 (2018).
FERC Docket No. CP14-529
- New York Power Authority v. FERC
No. 19-1002 (D.C. Cir. filed 1/2/2019)
- Bold Alliance, et al. v. FERC
No. 18-5322 (D.C. Cir. filed 10/31/2018)
Appeal of 9/27/18 decision by district court (Judge Leon, D.D.C.) to grant FERC motion to dismiss amended complaint by landowners, concerning Mountain Valley and Atlantic Coast Pipelines, raising primarily objection (on various constitutional and statutory grounds) to exercise of eminent domain by certificate holder.
- Baltimore Gas and Electric Co. v. FERC
No. 18-1298 (D.C. Cir. filed 11/2/2018)
Accokeek, Mattawoman, Piscataway Creeks Communities Council, et al. v. FERC
No. 18-1283 (D.C. Cir. filed 10/9/2018)
Allegheny Defense Project, et al. v. FERC
No. 18-1265 (D.C. Cir. filed 9/25/2018)
Order authorizing abandonment, construction, and operation of pipeline and compression facilities, the Tennessee Abandonment and Capacity Restoration Project, in various states. Tennessee Gas Pipeline Co., L.L.C., 160 FERC ¶ 61,144
(2017), reh’g denied, 164 FERC ¶ 61,062 (2018).
FERC Docket No. CP15-88
- Buckeye Pipe Line Co., L.P. v. FERC and United States of America
No. 18-1253 (D.C. Cir. filed 9/17/2018)
Rates charged by Buckeye for interstate transportation of refined petroleum products to destinations in the Pittsburg and Harrisburg, PA markets; Buckeye’s market-based rate authority. Guttman Energy, Inc. and PBF Holding Co., LLC v. Buckeye Pipe Line Co., L.P. and Laurel Pipe Line Co., L.P., Opinion No. 558, 161 FERC ¶ 61,180 (2017), order on reh’g, 164 FERC ¶ 61,025 (2018).
FERC Docket No. OR14-4
Constitution Pipeline Co., LLC v. FERC
No. 18-1251 (D.C. Cir. filed 9/14/2018)
Denial of waiver of Clean Water Act authority; finding that New York DEC acted in a timely manner, following Constitution’s withdrawal and resubmittal of its CWA application, in denying CWA permit. Constitution Pipeline Co., LLC, 162 FERC ¶ 61,014 (2018), reh’g denied, 164 FERC ¶ 61,029 (2018).
FERC Docket No. CP18-5
- Enable Mississippi River Transmission, et al. and SFPP, L.P. v. FERC
Nos. 18-1252 and 18-1254 (D.C. Cir. filed 9/14/2018 and later)
- Policy Statement on treatment of income taxes; guidance on treatment of Accumulated Deferred Income Taxes (ADIT) where the income tax allowance is eliminated from cost-of-service rates. Inquiry Regarding the Commission’s Policy for Recovery of Income Tax Costs, 162 FERC ¶ 61,227 (2018), order on reh’g, 164 FERC ¶ 61,030 (2018).
FERC Docket No. PL17-1
- City of Oberlin, Ohio and Coalition to Reroute NEXUS v. FERC
Nos. 18-1248 and 18-1261 (D.C. Cir. filed 9/11/2018 and later)
- El Paso Electric Co. v. FERC
No. 18-60575 (5th Cir. filed 8/17/2018)
Order on remand from El Paso Elec. Co. v. FERC, 832 F.3d 495 (5th Cir. 2016); filing, by members of WestConnect, in compliance with transmission planning and cost allocation requirements of Order No. 1000; responsibilities of public and non-public utility transmission owners. Pub. Serv. Co. of Colorado, et al., order on remand, 161 FERC ¶ 61,188 (2017), reh’g denied, 163 FERC ¶ 61,204 (2018).
FERC Docket No. ER13-75, et al.
- Atlantic Coast Pipeline, LLC. v. FERC; Appalachian Voices, et al. v. FERC
No. 18-1224; No. 18-1956 (D.C. Cir. and 4th Cir. filed 8/16/2018 and later)
- Delaware Riverkeeper Network, et al. v. FERC
Nos. 18-1128, et al. (D.C. Cir. filed 8/13/2018 and later)
- Lori Birckhead, et al. v. FERC
No. 18-1218 (D.C. Cir. filed 8/8/2018)
- Pacific Gas and Electric Co. v. FERC
No. 18-1207 (D.C. Cir. filed 8/2/2018)
Declaratory order on request for certain transmission rate incentives for eight transmission projects; project risks and challenges; prospective application of abandoned plant incentive. Pacific Gas and Elec. Co., 160 FERC ¶ 61,018 (2017), order on reh’g, 163 FERC ¶ 61,187 (2018).
FERC Docket No. EL16-47
- Southern California Edison Co. v. FERC
No. 18-1193 (D.C. Cir. filed 7/19/2018)
Declaratory order on request for certain transmission rate incentives for three transmission projects; future recovery of prudently-incurred costs limited to those expended after the date of the order. Southern California Edison Co., 161 FERC ¶ 61,107 (2017), reh'g denied, 163 FERC ¶ 61,137 (2018).
FERC Docket No. EL17-63
- Otsego 2000, et al. v. FERC
No. 18-1188 (D.C. Cir. filed 7/16/2018)
- El Paso Natural Gas Co. v. FERC
No. 18-1183 (D.C. Cir. filed 7/2/2018)
- Buckeye Pipe Line Co. v. FERC and United States of America
No. 18-1179 (D.C. Cir. filed 6/29/2018)
- Revised rates charged by Buckeye, following revocation of market-based rate authority, for the transportation of refined petroleum products on its Eastern and Midwest Products Systems. Buckeye Pipe Line Co., L.P., 163 FERC ¶ 61,066 (2018), reh’g pending.
FERC Docket No. IS18-228, et al.
- Missouri River Energy Services v. FERC
No. 18-1166 (D.C. Cir. filed 6/18/2018)
- Finding that Missouri River, Basin Electric, and Heartland are not eligible for an exemption from congestion charges and marginal losses (carve-out treatment) under the Southwest Power Pool open access tariff. Southwest Power Pool, Inc., 160 FERC ¶ 61,115 (2017), reh’g denied, 163 FERC ¶ 61,063 (2018).
FERC Docket No. ER14-2850, et al.