No. 20-641

LSP Transmission Holdings, LLC v. Katie Sieben, et al.

Lower Court: Eighth Circuit
Docketed: 2020-11-10
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: commerce-clause discrimination dormant-commerce-clause electric-utilities electricity-transmission interstate-commerce market-preference state-law state-regulation transmission-lines
Latest Conference: 2021-02-26
Question Presented (from Petition)

Whether a state law that grants an express preference to entities with an existing in-state presence to build facilities serving a distinctly interstate market discriminates against interstate commerce, notwithstanding that a few of the preferred in-state incumbents are headquartered elsewhere.

Question Presented (AI Summary)

Whether a state law that grants an express preference to entities with an existing in-state presence to build facilities serving a distinctly interstate market discriminates against interstate commerce, notwithstanding that a few of the preferred in-state incumbents are headquartered elsewhere

Docket Entries

2021-03-01
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2021-02-10
DISTRIBUTED for Conference of 2/26/2021.
2021-02-10
Reply of petitioner LSP Transmission Holdings, LLC filed. (Distributed)
2021-01-25
Brief of respondents Northern States Power Company d/b/a Xcel Energy, et al. in opposition filed.
2021-01-25
Brief of respondents Katie Sieben, et al. in opposition filed.
2020-12-10
Brief amici curiae of Resale Power Group of Iowa, Coalition of MISO Transmission Consumers, Industrial Energy Consumers of America, and the American Forest & Paper Association filed.
2020-12-10
Brief amicus curiae of Former FERC Chairman Jon B. Wellinghoff filed.
2020-11-24
Blanket Consent filed by Petitioner, LSP Transmission Holdings, LLC
2020-11-18
Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2021, for all respondents.
2020-11-17
Motion to extend the time to file a response from December 10, 2020 to January 25, 2021, submitted to The Clerk.
2020-11-05
Petition for a writ of certiorari filed. (Response due December 10, 2020)

Attorneys

Former FERC Chairman Jon B. Wellinghoff
Michael Hugh McGinleyDechert LLP, Amicus
Katie Sieben, et al.
Elizabeth Catherine KramerOffice of the Minnesota Attorney General, Respondent
LSP Transmission Holdings, LLC
Paul D. ClementKirkland & Ellis LLP, Petitioner
Northern States Power Company d/b/a Xcel Energy
Aaron D. Van OortFaegre Drinker Biddle & Reath LLP, Respondent
Resale Power Group of Iowa, Coalition of MISO Transmission Consumers, Industrial Energy Consumers of America, and the American Forest & Paper Association
Kirk Howard BettsBetts & Holt LLP, Amicus