Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

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).

Plain English Summary:

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

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