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SFPP, L.P. v. Federal Energy Regulatory Commission, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-1067 · judgment July 31, 2020


Dismissed · May 20, 2021
Pre-decision estimate: 2% cert probability

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

Question presented

Whether a federal agency, upon remand based upon an appellate finding that the agency’s outcome is insufficiently supported, complies with the Administrative Procedure Act if it fails to develop a record based on substantial evidence to support an opposite outcome on remand. Whether a pipeline’s rates set pursuant to the Interstate Commerce Act are just and reasonable and compliant with Fed. Power Comm’n v. Hope Natural Gas Co., 320 U.S. 591, 603 (1944) when a necessary component of the pipeline’s cost-of-service rates is removed without justification.

Counsel of record

For petitioner

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history

Proceedings

  1. May 20 2021
    Petition Dismissed - Rule 46.
  2. May 03 2021
    Motion of petitioner to dismiss the petition for a writ of certiorari pursuant to Rule 46.2 filed.
  3. Apr 27 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 23, 2021.
  4. Apr 26 2021
    Motion to extend the time to file a response from May 24, 2021 to June 23, 2021, submitted to The Clerk.
  5. Apr 19 2021
    Petition for a writ of certiorari filed. (Response due May 24, 2021)