Question Presented (from Petition)
1. Whether a federal agency does not act arbitrarily or capriciously in determining that a postsettlement change of law concerning one alleged component of a settlement does not warrant unwinding the settlement.
2. Whether a federal statute stating that the Federal Energy Regulatory Commission "shall . . . provide for incentives to each transmitting utility or electric utility that joins a Transmission Organization," 16 U.S.C. § 824s(c), applies regardless whether the utility joined a Transmission Organization voluntarily or pursuant to a state-law mandate.
3. Whether federal law preempts a state law mandating that a utility owning transmission assets within the state join a Transmission Organization.
Question Presented (AI Summary)
Whether a federal agency acts arbitrarily or capriciously in determining a post-settlement change of law, and whether federal law applies to utility transmission organizations regardless of voluntary or mandated joining
2025-11-10
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2025-10-08
DISTRIBUTED for Conference of 11/7/2025.
2025-10-03
Reply of petitioner FirstEnergy Service Company filed.
2025-10-03
Reply of FirstEnergy Service Company submitted.
2025-09-22
Brief of Federal Respondents in opposition submitted.
2025-09-22
Brief of Office of the Ohio Consumers' Counsel in opposition submitted.
2025-09-19
Brief of Public Utilities Commission of Ohio in opposition submitted.
2025-07-28
Amicus brief of Edison Electric Institute submitted.
2025-07-24
Brief amicus curiae of Edison Electric Institute filed.
2025-07-24
Brief amicus curiae of Edison Electric Institute (July 25, 2025 - to be corrected PDF and booklet)
2025-07-24
Brief amicus curiae of Edison Electric Institute filed (July 28, 2025 - Corrected).
2025-07-24
Brief amicus curiae of Edison Electric Institute (July 25, 2025 - to be corrected PDF and booklet.)
2025-07-24
Brief of PJM Interconnection, L.L.C. in support submitted.
2025-07-24
Amicus brief of Edison Electric Institute submitted.
2025-07-17
Brief of Duke Energy Ohio, Inc. in support submitted.
2025-07-17
The motions to extend the time to file responses are granted and the time is extended to and including September 22, 2025, for all respondents.
2025-07-17
Motion of Buckeye Power, Inc. to extend the time to file a response from July 24, 2025 to September 22, 2025, submitted to The Clerk.
2025-07-16
Motion of Public Utilities Commission of Ohio to extend the time to file a response from July 24, 2025 to September 22, 2025, submitted to The Clerk.
2025-07-16
Motion of Office of the Ohio Consumers' Counsel to extend the time to file a response from July 24, 2025 to September 22, 2025, submitted to The Clerk.
2025-07-16
Motion to extend the time to file a response is granted and the time is extended to and including August 25, 2025.
2025-07-16
Motion of Public Utilities Commission of Ohio for an extension of time submitted.
2025-07-16
Motion of Office of the Ohio Consumers' Counsel for an extension of time submitted.
2025-07-15
Motion to extend the time to file a response from July 24, 2025 to August 25, 2025, submitted to The Clerk.
2025-07-15
Motion of Federal Respondents for an extension of time submitted.
2025-06-20
Petition for a writ of certiorari filed. (Response due July 24, 2025)