NEW ORLEANS PUB. SERV., INC. v. COUNCIL OF CITY OF NEW ORLEANS

No. 88-348.

491 U.S. 350 (1989)

NEW ORLEANS PUBLIC SERVICE, INC. v. COUNCIL OF THE CITY OF NEW ORLEANS ET AL.

Supreme Court of United States.

Decided June 19, 1989


Attorney(s) appearing for the Case

Rex E. Lee argued the cause for petitioner. With him on the briefs were David W. Carpenter, Thomas O. Lind, Herschel L. Abbott, Jr., David G. Radlauer, and Edward H. Bergin.

Richard J. Lazarus argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Acting Solicitor General Bryson, Deputy Solicitor General Shapiro, Catherine C. Cook, Jerome M. Feit, and Robert H. Solomon.

Clinton A. Vince argued the cause for respondents. With him on the brief were Bernhardt K. Wruble, Nancy A. Wodka, and Okla Jones II.*


JUSTICE SCALIA delivered the opinion of the Court.

In Nantahala Power & Light Co. v. Thornburg, 476 U.S. 953 (1986), we held that for purposes of setting intrastate retail rates a State may not differ from the Federal Energy Regulatory Commission's allocations of wholesale power by imposing its own judgment of what would be just and reasonable. Last Term, in Mississippi Power & Light Co. v. Mississippi...

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