Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

NRG Power Marketing v. Maine Public Utilities Commission

Docket No. Op. Below Argument Opinion Vote Author Term
08-674 D.C. Cir. Nov 3, 2009
Jan 13, 2010 8-1 Ginsburg OT 2009

Disclosure: Akin Gump represented a party to the settlement agreement in the proceedings before FERC, but was not involved in the proceedings in either the D.C. Circuit or the Supreme Court. An attorney from Howe & Russell also filed an amicus brief on behalf of the respondents in the case.

Holding: The Supreme Court has previously held that the Federal Energy Regulatory Commission (FERC) is required to presume that electricity prices set out in a freely negotiated wholesale-energy contract are just and reasonable the standard for lawful prices under Federal Power Act unless FERC concludes that the prices seriously harm the public interest. The Court held that this rule applies whether the challenge is brought by a party to the contract, or by a third-party (in this case, customers and state consumer protection agencies).

Judgment: Affirmed, 8-1, in an opinion by Justice Ruth Bader Ginsburg on January 13, 2010. Justice Stevens dissented.

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