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Old Dominion Electric Cooperative v. Federal Energy Regulatory Commission

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-1111 · judgment June 15, 2018

Certiorari denied · January 7, 2019

Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the court of appeals erroneously determined that the filed rate doctrine and the rule against retroactive ratemaking leave the Federal Energy Regulatory Commission no discretion to waive the operation of a filed market-based rate or retroactively to change or to adjust a market-based rate for good cause, such as the exigent circumstances caused by the 2014 Polar Vortex. (i)

Counsel of record

For petitioner
Dennis Lane
Stinson LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

Jan 07 2019
Petition DENIED.
Nov 28 2018
DISTRIBUTED for Conference of 1/4/2019.
Nov 27 2018
Reply of petitioner Old Dominion Electric Cooperative filed.
Nov 14 2018
Brief of respondent Federal Energy Regulatory Commission in opposition filed.
Oct 15 2018
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2018.
Oct 15 2018
Brief amicus curiae of Alliance for Cooperative Energy Services Power Marketing LLC filed.
Oct 12 2018
Motion to extend the time to file a response from October 15, 2018 to November 14, 2018, submitted to The Clerk.
Sep 13 2018
Petition for a writ of certiorari filed. (Response due October 15, 2018)