No. 22-601
Peter Lake, Chairman, Public Utility Commission of Texas, et al. v. NextEra Energy Capital Holdings, Incorporated, et al.
Tags: commerce-clause federal-energy-regulatory-commission incumbent-utilities police-power public-utilities state-regulation transmission-lines utility-regulation
Latest Conference:
2023-12-08
(distributed 3 times)
Question Presented (from Petition)
Whether, consistent with the Commerce Clause, States may exercise their core police power to regulate public utilities by recognizing a preference for allowing incumbent utility companies to build new transmission lines, as the Eighth Circuit has held, or if such a preference necessarily violates the Commerce Clause, as the Fifth Circuit held below.
Question Presented (AI Summary)
Whether States may exercise their core police power to regulate public utilities by recognizing a preference for allowing incumbent utility companies to build new transmission lines
Docket Entries
2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-11-06
Supplemental brief of petitioners Chairman Peter Lake, Public Utility Commission of Texas, in his Official Capacity, et al. filed. (Distributed)
2023-10-23
Brief amicus curiae of United States filed.
2023-03-06
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2023-02-15
DISTRIBUTED for Conference of 3/3/2023.
2023-02-13
Reply of petitioners Chairman Peter Lake, et al. filed. (Distributed)
2023-01-30
Brief of respondents NextEra Energy Capital Holdings, Incorporated, et al. in opposition filed. (Docket entry corrected 2/7/22 to show this as a brief in opposition not brief in support)
2023-01-30
Brief of respondent Southwestern Public Service Company in support filed.
2023-01-30
Brief amicus curiae of ITC Holdings Corp. filed.
2023-01-30
Brief of respondent Entergy Texas, Inc. in support filed.
2022-12-28
Petition for a writ of certiorari filed. (Response due January 30, 2023)
2022-11-18
Application (22A440) granted by Justice Alito extending the time to file until December 28, 2022.
2022-11-15
Application (22A440) to extend the time to file a petition for a writ of certiorari from November 28, 2022 to December 28, 2022, submitted to Justice Alito.
Attorneys
Chairman Peter Lake, et al.
Judd Edward Stone II — Texas Attorney General's Office, Petitioner
Chairman Peter Lake, Public Utility Commission of Texas, in his Official Capacity, et al.
Lanora Christine Pettit — Office of the Texas Attorney General, Petitioner
Entergy Texas, Inc.
Lino Mendiola III — Eversheds Sutherland (US ) LLP, Respondent
ITC Holdings Corp.
Aaron Michael Streett — Baker Botts, L.L.P., Amicus
NextEra Energy Capital Holdings, Incorporated, et al.
Stuart H. Singer — Boies Schiller Flexner LLP, Respondent
Southwestern Public Service Company
Matthew Eben Price — Jenner & Block, LLP, Respondent
United States
Elizabeth B. Prelogar — Solicitor General, Amicus