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Federal Energy Regulatory Commission v. Electric Power Supply Association

Docket No.: 14-840
Certiorari Granted: May 4, 2015
Argued: October 14, 2015
Consolidated with: Docket No. 14-841

Topics:

ERISA, Federal Energy Regulatory Commission, Federal Power Act, Federalism, IPO

PartyNames: Federal Energy Regulatory Commission v. Electric Power Supply Association, et al.
Petitioner: Federal Energy Regulatory Commission
Respondent: Electric Power Supply Association, et al.

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: 753 F.3d 216
Supreme Court Docket

Federal Energy Regulatory Commission
v.
Electric Power Supply Association, et al.
Consideration Limited:

THE FOLLOWING QUESTIONS: 1) WHETHER THE FEDERAL ENERGY REGULATORY COMMISSION REASONABLY CONCLUDED THAT IT HAS AUTHORITY UNDER THE FEDERAL POWER ACT, 16 U.S.C. 791a et seq., TO REGULATE THE RULES USED BY OPERATORS OF WHOLESALE ELECTRICITY MARKETS TO PAY FOR REDUCTION IN ELECTRICITY CONSUMPTION AND TO RECOUP THOSE PAYMENTS THROUGH ADJUSTMENTS TO WHOLESALE RATES. 2) WHETHER THE COURT OF APPEALS ERRED IN HOLDING THAT THE RULE ISSUED BY THE FEDERAL ENERGY REGULATORY COMMISSION IS ARBITRARY AND CAPRICIOUS. CONSOLIDATED WITH 14-841 FOR ONE HOUR ORAL ARGUMENT. JUSTICE ALITO TOOK NO PART.

Question Presented:

Whether the Federal Energy Regulatory Commission reasonably concluded that it has authority under the Federal Power Act, 16 U.S.C. 791a et seq., to regulate the rules used by operators of wholesale--electricity markets to pay for reductions in electricity consumption and to recoup those payments through adjustments to wholesale rates.

Federal Energy Regulatory Commission v. Electric Power Supply Association
ORAL ARGUMENT

October 14, 2015

Listen to Oral Argument in Federal Energy Regulatory Commission v. Electric Power Supply Association
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