Decided

No. 14-841

EnerNOC, Inc., et al. v. Electric Power Supply Association, et al.

from the United States Court of Appeals for the District of Columbia Circuit

See other cases from the District of Columbia Circuit.

Docket Entries

Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Scalia, J. filed a dissenting opinion, in which Thomas, J., joined. Alito J., took no part in the consideration or decision of the cases. VIDED

Letter from Clerk of Court to counsel of record for the parties in No. 14-840 & No. 14-841.

Argued. For federal petitioner: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For private petitioners: Carter G. Phillips, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C. VIDED

Reply of respondents Joint States filed. VIDED. (Distributed)

Motion for divided argument filed by the Solicitor General GRANTED. Justice Alito took no part in the consideration or decision of this motion. VIDED

Reply of respondent California Public Utilities Commission filed. VIDED. (Distributed)

Reply of petitioners EnerNOC, Inc., et al. (Private Petitioners) filed. VIDED. (Distributed)

Brief amicus curiae of Southern Company Services, Inc. filed. VIDED. (Distributed)

Brief amicus curiae of Public Service Commission of New York filed. VIDED. (Distributed)

Brief amici curiae of Nuclear Energy Institute and America's Natural Gas Alliance filed. VIDED. (Distributed)

Brief amicus curiae of Public Utility Law Project of New York filed. VIDED. (Distributed)

Brief amici curiae of Indiana, et al. filed. VIDED. (Distributed)

Brief amici curiae of Robert L. Borlick, et al. filed. VIDED. (Distributed)

Motion for divided argument filed by the Solicitor General. VIDED.

Brief amici curiae of North Carolina Utilities Commission, et al. filed. VIDED. (Distributed)

Record from the Federal Energy Regulatory Commission, sent by the U.S. Dept. of Justice is electronic. The record can be accessed on the Federal Energy Regulatory Commission public eLibrary website.

Brief amici curiae of CES and Dr. Silkman filed. VIDED. (Distributed)

Brief of respondents Electric Power Supply Association, et al. filed. VIDED. (Distributed)

Brief of respondents Midwest Load-Serving Entities filed. VIDED. (Distributed)

Record received from U.S.C.A. District of Columbia Circuit is electronic and available on PACER. A copy of the transcript of oral arguments is available electronically.

Record requested from U.S.C.A. District of Columbia Circuit.

CIRCULATED

SET FOR ARGUMENT on Wednesday, October 14, 2015. VIDED

Brief amicus curiae of The Guarini Center on Environmental, Energy and Land Use Law at New York University School of Law filed. VIDED.

Brief amicus curiae of NRG Energy, Inc. in support of neither party filed. VIDED.

Brief amicus curiae of Electricity Consumers and Demand Response Providers filed. VIDED.

Brief amicus curiae of Charles J. Cicchetti filed. VIDED.

Brief amicus curiae of Energy Law Scholars filed. VIDED.

Brief amicus curiae of Microgrid Resources Coalition filed. VIDED.

Brief amicus curiae of Stanford Economics Professor Charles D. Kolstad filed. VIDED.

Brief amici curiae of Grid Engineers and Experts in support of neither party filed. VIDED.

Brief amici curiae of Illinois, et al filed. VIDED.

Brief amici curiae of Conservation Law Foundation, et al. filed. VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner in No. 14-840. VIDED

Brief of petitioners EnerNOC, Inc., et al. (Private Petitioners) filed. VIDED.

Brief of respondent PJM Interconnection, LLC in support of FERC filed. VIDED.

Brief of respondent California Public Utilities Commission in support of FERC filed. VIDED.

Brief of respondent Joint States in support of FERC filed. VIDED.

Joint appendix filed. (Two Volumes) VIDED. (Statement of costs filed.)

Letter from counsel for respondent in support California Independent System Operator (CAISO) notifying Clerk that it will not be filing a brief on the merits in these proceedings. VIDED.

Consent to the filing of amicus curie briefs, in support of either party or of neither party, received from counsel for PJM Interconnection LLC VIDED.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners EnergyConnect, Inc., Coalition of MISO Transmission Customers, and PJM Industrial Coalition, and Viridity Energy, Inc. VIDED.

Consent to the filing of amicus curiae briefs, In support of eithr party or of neither party, received from counsel for Electric Supply Association, et al. VIDED.

Letter of amendment to financial disclosure statement received from counsel for respondents Electric Power Supply Association, et al. VIDED

The time to file respondents' briefs on the merits is extended to and including August 31, 2015. VIDED

The time to file the joint appendix and petitioners' briefs on the merits is extended to and including July 9, 2015. VIDED

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner EnerNOC.

Petition GRANTED The petition for a writ of certiorari in 14-840 is GRANTED. The cases are consolidated and a total of one hour is allotted for oral argument. The cases are granted limited to the following Questions: 1) Whether the Federal Energy Regulatory Commission reasonably concluded that it has authority under the Federal Power Act, 16 U. S. C. 791a et seq., to regulate the rules used by operators of wholesale electricity markets to pay for reductions in electricity consumption and to recoup those payments through adjustments to wholesale rates. 2) Whether the Court of Appeals erred in holding that the rule issued by the Federal Energy Regulatory Commission is arbitrary and capricious. Justice Alito took no part in the consideration or decision of these petitions. VIDED.

Motion for leave to file amicus brief filed by NRG Energy, Inc. GRANTED. Justice Alito took no part in the consideration or decision of this motion.

DISTRIBUTED for Conference of May 1, 2015.

DISTRIBUTED for Conference of April 24, 2015.

Reply of petitioners EnerNOC, Inc., et al. filed. VIDED. (Distributed)

Brief of respondents Electric Power Supply Association, et al. in opposition filed. VIDED.

Brief amici curiae of Electricity Consumers and Demand Response Providers filed. VIDED.

Brief of respondent California Independent System Operator in support filed. VIDED.

Brief amici curiae of Delaware Division of the Public Advocate, et al. filed. VIDED.

Brief of respondents California Public Utilities Commission, et al. in support filed. VIDED.

Brief amici curiae of Fourteen Utilities Including Consolidated Edison Co. of New York and Affiliates, et al. filed. VIDED.

Motion for leave to file amicus brief filed by NRG Energy, Inc. VIDED.

Order extending time to file response to petition to and including March 19, 2015, for all respondents.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Electric Power Supply Association, et al. VIDED.

Petition for a writ of certiorari filed. (Response due February 17, 2015)

Application (14A599) granted by The Chief Justice extending the time to file until January 15, 2015.

Application (14A599) to extend the time to file a petition for a writ of certiorari from December 16, 2014 to January 15, 2015, submitted to The Chief Justice.

Parties

EnerNOC, Inc., et al. (Private Petitioners), Petitioner, represented by Carter G. Phillips

California Independent System Operator, Respondent, represented by Catherine E. Stetson

California Public Utilities Commission, Respondent, represented by Elizabeth Dorman

Electric Power Supply Association, et al., Respondent, represented by Paul D. Clement

Federal Energy Regulatory Commission, Respondent, represented by Donald B. Verrilli Jr.

Joint States, Respondent, represented by Ransom E. Davis

Midwest Load-Serving Entities, Respondent, represented by Cynthia S. Bogorad

PJM Interconnection, LLC, Respondent, represented by Barry Stewart Spector

Amici Curiae

CES and Dr. Silkman, Amicus Curiae, represented by Peter J. Brann

Charles J. Cicchetti, Amicus Curiae, represented by Hope M. Babcock

Conservation Law Foundation, et al., Amicus Curiae, represented by David T. Goldberg

Delaware Division of the Public Advocate, et al., Amicus Curiae, represented by David T. Goldberg

Electricity Consumers and Demand Response Providers, Amicus Curiae, represented by Seth P. Waxman

Energy Law Scholars, Amicus Curiae, represented by Richard J. Pierce Jr.

Fourteen Utilities Including Consolidated Edison Co. of New York and Affiliates, et al., Amicus Curiae, represented by Steffen N. Johnson

Grid Engineers and Experts, Amicus Curiae, represented by Douglas Hallward-Driemeier

Illinois, Amicus Curiae, represented by David Thomas Evrard

Indiana, et al., Amicus Curiae, represented by Thomas M. Fisher

Microgrid Resources Coalition, Amicus Curiae, represented by Erik S. Jaffe

North Carolina Utilities Commission, et al., Amicus Curiae, represented by Kimberly W. Duffley

NRG Energy, Inc. in support of neither party, Amicus Curiae, represented by Aaron M. Panner

Nuclear Energy Institute and America's Natural Gas Alliance, Amicus Curiae, represented by Erick M. Sandler

Public Service Commission of New York, Amicus Curiae, represented by Jonathan D. Feinberg

Public Utility Law Project of New York, Amicus Curiae, represented by Gerald A. Norlander

Robert L. Borlick, et al., Amicus Curiae, represented by Jeffrey A. Lamken

Southern Company Services, Inc., Amicus Curiae, represented by Andrew W. Tunnell

Stanford Economics Professor Charles D. Kolstad, Amicus Curiae, represented by Wendy B. Jacobs

The Guarini Center on Environmental, Energy and Land Use Law at New York University School of Law, Amicus Curiae, represented by Richard Burleson Stewart

 
Last updated: March 29, 2017