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ARTICLE · 29 APRIL 2009

Supreme Court Docket Report - April 27, 2009

Mayer Brown
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The Federal Power Act (“FPA”), 16 U.S.C. §824 "et seq.", gives the Federal Energy Regulatory Commission (“FERC”) exclusive authority to regulate the transmission and sale for resale of electricity in interstate commerce.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published April 27, 2009

Keywords: Federal Power Act, Federal Energy Regulatory Commission, FERC, third-party rate challenge, Mobile-Sierra, NRG Power Marketing; Level 3 Communications; Sprint Telephony, Telecommunications Act; Pottawattamie County, Section 1983, prosecutorial immunity.

Today the Supreme Court granted certiorari in one case of interest to the business community:

Federal Power Act—Third-Party Rate Challenges

The Federal Power Act ("FPA"), 16 U.S.C. §824 et seq., gives the Federal Energy Regulatory Commission ("FERC") exclusive authority to regulate the transmission and sale for resale of electricity in interstate commerce.  Section 206 of the Act, 16 U.S.C. § 824e(a), requires that the rates for any such services be "just and reasonable."  Under the well-established Mobile-Sierra doctrine, however, the FERC must "presume that the rate set out in a freely negotiated wholesale-energy contract meets the 'just and

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