NRG POWER MARKETING, LLC, et al., Petitioners,
v.
MAINE PUBLIC UTILITIES COMMISSION et al.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued November 3, 2009.
Decided January 13, 2010.
Attorney(s) appearing for the Case
Jeffrey A. Lamken, for petitioners.
Eric D. Miller, for respondent Federal Energy Regulatory Commission, supporting petitioners.
Richard Blumenthal, Attorney General, for respondents.
Elena Kagan, Solicitor General, Counsel of Record, Department of Justice, Washington, D.C., for Federal Energy Regulatory Commission.
Michael R. Bramniek, General Counsel, Christopher C. O'Hara, Assistant General Counsel, Princeton, NJ, John N. Estes III, Counsel of Record, John Lee Shepherd, Jr., Skadden, Arps, Slate Meagher & Flom LLP, Washington, D.C., Jeffrey A. Lamken, Robert K. Kry, MoloLamken LLP, Washington, D.C., for Petitioners.
Richard Blumenthal, Attorney General for State of Connecticut, Counsel of Record, John S. Wright, Michael C. Wertheimer, Assistant Attorneys General, Office of the Attorney General, Hartford, CT, for Respondent Richard Blumenthal, Attorney General of Connecticut, Jesse S. Reyes, Assistant Attorney General, Office of the Attorney General, Boston, MA, for Respondent Martha Coakley, Attorney General of the Commonwealth of Massachusetts, Mary E. Grover, Assistant General Counsel, NSTAR Electric & Gas Corporation, Boston, MA, for Respondent NSTAR Electric & Gas Corporation, Donald J. Sipe, Preti, Flaherty, Beliveau & Pachios, LLP, Augusta, ME, for Respondent Industrial Energy Consumer Group, Lisa Fink, State of Maine Public Utilities Commission, Augusta, ME, for Respondent Maine Public Utilities Commission, Stephen L. Teichler, Duane Morris, LLP, Washington, DC, for Respondent NSTAR Electric & Gas Corporation, Robert A. Weishaar, Jr., McNees Wallace & Nurick LLC, Washington, DC, for Respondent NEPOOL Industrial Customer Coalition, Vasiliki Karandrikas, McNees Wallace & Nurick LLC, Harrisburg, PA, for Respondent NEPOOL Industrial Customer Coalition.
Cynthia A. Marlette, General Counsel, Robert H. Solomon, Solicitor, Lona T. Perry, Senior Attorney, Federal Energy Regulatory Commission, Washington, D.C., Elena Kagan, Solicitor General, Counsel of Record, Edwin S. Kneedler, Deputy Solicitor General, Eric D. Miller, Assistant to the Solicitor General, Department of Justice, Washington, D.C., for Federal Energy Regulatory Commission.
Supreme Court of United States.
Justice GINSBURG delivered the opinion of the Court.
The Federal Power Act (FPA or Act), 41 Stat. 1063, as amended, 16 U.S.C. § 791a et seq., authorizes the Federal Energy Regulatory Commission (FERC or Commission) to superintend the sale of electricity in interstate commerce and provides that all wholesale-electricity rates must be "just and reasonable," § 824d(a). Under this Court's Mobile-Sierra doctrine, FERC must presume that a rate set...
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