Entergy Louisiana, Inc. v. Louisiana Public Service Commission, 539 U.S. 39, 3 (2003)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Cite as: 539 U. S. 39 (2003)

Opinion of the Court

classification here is pre-empted. Finally, respondents advance the contention that including ERS units in MSS-1 calculations violated the amended agreement despite the LPSC's own prior holding that it does not have jurisdiction to determine whether the agreement was violated and the State Supreme Court's acceptance of that concession. The question here is whether the LPSC order is pre-empted under Nantahala and MP&L; that order does not rest on a finding that the system agreement was violated. Consequently, this Court has no occasion to address the question of the exclusivity of FERC's jurisdiction to determine whether and when a filed rate has been violated. Pp. 49-51.

815 So. 2d 27, reversed.

Thomas, J., delivered the opinion for a unanimous Court.

David W. Carpenter argued the cause for petitioner. With him on the briefs were Virginia A. Seitz, J. Wayne Anderson, and Kathryn Ann Washington.

Austin C. Schlick argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Deputy Solicitor General Kneedler, Cynthia A. Marlette, and Dennis Lane.

Michael R. Fontham argued the cause for respondents. With him on the brief were Paul L. Zimmering, Noel J. Darce, Dana M. Shelton, and Jason M. Bilbe.*

Justice Thomas delivered the opinion of the Court.

The Federal Energy Regulatory Commission (FERC) regulates the sale of electricity at wholesale in interstate commerce. 16 U. S. C. 824(b). In this capacity, FERC must ensure that wholesale rates are "just and reasonable," 824d(a). In Nantahala Power & Light Co. v. Thornburg, 476 U. S. 953 (1986), and Mississippi Power & Light Co. v. Mississippi ex rel. Moore, 487 U. S. 354 (1988) (MP&L), the Court concluded that, under the filed rate doctrine, FERC-approved cost allocations between affiliated energy compa*Charles G. Cole, Edward H. Comer, and Barbara A. Hindin filed a brief for Edison Electric Institute as amicus curiae urging reversal.


Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: October 4, 2007