1. Home
  2. Browse Decisions
  3. F.3d
  4. 473 F.3d
  5. 473 F.3d 581 (2006)
 

AEP TEXAS NORTH v. TEXAS INDUS. ENERGY CONSUMERS

No. 05-51755.

473 F.3d 581 (2006)

AEP TEXAS NORTH CO., Plaintiff-Appellee, v. TEXAS INDUSTRIAL ENERGY CONSUMERS, Intervenor-Defendant, v. Cities of Abilene, Ballinger, Cisco, San Angelo and Vernon, Texas, Intervenor-Defendants-Appellants, v. The Public Utility Commission of Texas, et al., Defendants, Paul Hudson, Chairman of the Public Utility Commission of Texas; Julie Parsley, Commissioner of the Public Utility Commission of Texas; and Barry T. Smitherman, Commissioner of the Public Utility Commission of Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 21, 2006.

Attorney(s) appearing for the Case

David C. Duggins (argued), Barry Kent Bishop, Clark, Thomas & Winters, Austin, TX, Alice E. Loughran, Aric A. Anderson, Steptoe & Johnson, Washington, DC, for AEP Texas North Co.

Steven A. Porter (argued), R. Lambeth Townsend, Lloyd Gosselink Blevins, Rochelle & Townsend, Austin, TX, for Intervenor Plaintiff-Appellant.

Nathan Myrick Bigbee (argued), Kristen L. Worman, Douglas Burt Fraser, Asst. Atty. Gen., Austin, TX, for Defendants-Appellants.

Before REAVLEY, STEWART and CLEMENT, Circuit Judges.

REAVLEY, Circuit Judge:

The issue before us is whether a state regulatory agency may set retail rates based on its own determination that a utility has not complied with a Federal Energy Regulatory Commission ("FERC") tariff. We hold that pursuant to the filed rate doctrine, federal law preempts state regulators from making a final determination as to whether a FERC tariff has been violated and from imposing a remedy for an alleged violation. We therefore affirm....

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases