MORGAN STANLEY CAPITAL GROUP INC., Petitioner,
v.
PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY et al.
American Electric Power Service Corporation, et al., Petitioners,
v.
Public Utility District No. 1 of Snohomish County, Washington, et al.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued February 19, 2008.
Decided June 26, 2008.
Attorney(s) appearing for the Case
Edwin S. Kneedler , for the respondent Federal Energy Regulatory Commission, in support of petitioners.
Richard G. Taranto , Farr & Taranto, Washington, DC, for Nevada Power Co. and Sierra Pacific Power Co., Christopher J. Wright , Counsel of Record, Harris, Wiltshire & Grannis LLP, Washington, DC, for Snohomish County PUD No. 1.
Paul J. Kaleta , Nevada Power Company, Las Vegas, NV, Roger Berliner , Berliner Law PLLC, Washington, DC, for Nevada Power Co. and Sierra Pacific Power Co.
Michael J. Gergen , Jared W. Johnson , Latham & Watkins LLP, Washington, D.C., for Respondent (in support of Petitioners) Mirant Energy Trading, LLC.
JusticeSCALIA delivered the opinion of the Court.
Under the Mobile-Sierra doctrine, the Federal Energy Regulatory Commission (FERC or Commission) must presume that the rate set out in a freely negotiated wholesale-energy contract meets the "just and reasonable" requirement imposed by law. The presumption may be overcome only if FERC concludes...
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