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Federal Energy Regulatory Commission

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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. Saguaro Power Co. v. FERC
    No. 17-1050 (D.C. Cir. filed 2/10/2017)
      Partial waiver of operating and efficiency standards for qualifying cogeneration facility under PURPA regulations; finding that Power Purchase Agreement continues to govern rates. Saguaro Power Co., 156 FERC 61,247 PDF (2016), rehg denied, 157 FERC 61,203 PDF (2016).
      FERC Docket No. EL16-78, et al.

  2. Old Dominion Elec. Coop. and Dominion Resources Servs. v. FERC
    No. 17-1040 and 17-1041 (D.C. Cir. filed 2/6/2017)
      Allocation of cost responsibility for PJM transmission expansions and upgrades. PJM Interconnection, L.L.C., 154 FERC 61,096 PDF and 61,097 PDF (2016), order on rehg and compl., 157 FERC 61,191 PDF and 61,192 PDF (2016).
      FERC Docket No. ER15-1344, et al.

  3. Townships of Bordentown and Chesterfield, New Jersey v. FERC
    No. 17-1047 (3rd Cir. filed 1/6/2017)
      Order authorizing Transco to construct Garden State Expansion Project (compressor, stations, and appurtenant facilities) in New Jersey. Transcontinental Gas Pipe Line Co., LLC, 155 FERC 61,016 PDF (2016), rehg denied, 157 FERC 61,095 PDF (2016).
      FERC Docket No. CP15-89

  4. 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 PDF (2016), rehg dismissed, 157 FERC 61,089 PDF (2016).
      FERC Docket No. P-2574, et al.

  5. 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 PDF (2016), order on rehg, 157 FERC 61,081 PDF (2016).
      FERC Docket No. CP15-500

  6. 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 DOC (2014), order on rehg and compl., 155 FERC 61,008 DOC (2016), order on rehg and compl.,
      157 FERC 61,065 PDF (2016).
      FERC Docket No. ER13-1944, et al.

  7. San Diego Gas & Electric Co. v. FERC
    No. 16-1433 (D.C. Cir. filed 12/23/2016)
      Recovery of development and construction costs associated with transmission upgrade (SOCRE project), if abandoned or cancelled for reasons beyond SDG&Es control. San Diego Gas & Electric Co., 154 FERC 61,158 PDF (2016), rehg denied, 157 FERC 61,056 PDF (2016).
      FERC Docket No. EL15-103