Supreme Court of the United States · Official docket →
FirstEnergy Service Company v. Federal Energy Regulatory Commission, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-4072, 22-3351, 23-3324, 23-3366, 23-3417 · judgment January 17, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether a federal agency does not act arbitrarily or capriciously in determining that a postsettlement change of law concerning one alleged component of a settlement does not warrant unwinding the settlement.
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Whether a federal statute stating that the Federal Energy Regulatory Commission “shall . . . provide for incentives to each transmitting utility or electric utility that joins a Transmission Organization,” 16 U.S.C. § 824s(c), applies regardless whether the utility joined a Transmission Organization voluntarily or pursuant to a state-law mandate.
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Whether federal law preempts a state law mandating that a utility owning transmission assets within the state join a Transmission Organization. (i)
Counsel of record
For petitioner
Sanford Ian Weisburst
Quinn Emanuel Urquhart & Sullivan, LLP
For respondent
Cynthia S. Bogorad
Spiegel & McDiarmid, LLP
Proceedings
- Nov 10 2025Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Oct 08 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 03 2025Reply of petitioner FirstEnergy Service Company filed.
- Sep 22 2025Brief of respondent Office of the Ohio Consumers' Counsel in opposition filed. VIDED.
- Sep 22 2025Brief of Federal Respondent in opposition filed. VIDED.
- Sep 19 2025Brief of respondent Public Utilities Commission of Ohio in opposition filed. VIDED.
- Jul 24 2025Brief of respondent PJM Interconnection, L.L.C. in support filed. VIDED.
- Jul 24 2025Brief amicus curiae of Edison Electric Institute (July 25, 2025 - to be corrected PDF and booklet)
- Jul 24 2025Brief amicus curiae of Edison Electric Institute filed (July 28, 2025 - Corrected).
- Jul 17 2025Motion of Buckeye Power, Inc. to extend the time to file a response from July 24, 2025 to September 22, 2025, submitted to The Clerk.
- Jul 17 2025The motions to extend the time to file responses are granted and the time is extended to and including September 22, 2025, for all respondents.
- Jul 17 2025Brief of respondent Duke Energy Ohio, Inc. in support filed. VIDED.
- Jul 16 2025Motion to extend the time to file a response is granted and the time is extended to and including August 25, 2025.
- Jul 16 2025Motion of Office of the Ohio Consumers' Counsel to extend the time to file a response from July 24, 2025 to September 22, 2025, submitted to The Clerk.
- Jul 16 2025Motion of Public Utilities Commission of Ohio to extend the time to file a response from July 24, 2025 to September 22, 2025, submitted to The Clerk.
- Jul 15 2025Motion to extend the time to file a response from July 24, 2025 to August 25, 2025, submitted to The Clerk.
- Jun 20 2025Petition for a writ of certiorari filed. (Response due July 24, 2025)