The question presented is whether the FPA preempts only state subsidies that explicitly require a wholesale generator to sell its output in FERC approved auctions, or whether the FPA also preempts state subsidies that lack such an express requirement but that, by design, subsidize only generators that sell their entire output via such auctions, thereby achieving the same effect.

Whether the Federal Power Act preempts state subsidies that lack an express requirement to sell in FERC-approved auctions but that, by design, subsidize only generators that sell their entire output via such auctions