Justia Government & Administrative Law Opinion Summaries

The Supreme Court affirmed the order of the Public Service Commission finding that the Jefferson County Public Service District may “indefinitely delay” a project to upgrade its sewer service, holding that the Commission did not exceed its authority or make factual findings that were not supported by adequate evidence and that the substantive result of the Commission’s order was not improper.The Supreme Court may reserve an order of the Commission when it exceeded its authority, it made factual findings that were not supported by adequate evidence, and the substantive result of the order was not proper. In affirming the Commission’s order, the Court held that, under the facts of this case, none of these three situations applied. View "Jefferson County Citizens for Economic Preservation v. Public Service Commission of West Virginia" on Justia Law

The Supreme Court dismissed this appeal challenging the Public Utility Commission’s decision to allow Dayton Power and Light Company (DP&L) to withdraw and terminate its second electric-security plan (ESP II), holding that the Commission’s approval of DP&L’s third electric-security plan (ESP III) rendered this case moot.The Commission allowed DP&L to withdraw and terminate its ESP II rate plan and service stability rider (SSR) charge. The ESP II rate plan and its SSR charge were then replaced by ESP III, which the Commission approved. Appellant’s appealed the Commission’s order regarding ESP II. The Supreme Court dismissed the appeal as moot, holding that because there was no remedy that the Court could legally order, the appeal constituted only a request for an advisory ruling, and the controversy was no longer live. View "In re Application of Dayton Power & Light Co." on Justia Law

The DC Circuit granted ANR's petition for review challenging FERC's decision refusing to allow ANR to charge market-based rates, as opposed to cost-based rates, for its natural gas storage services. The court held that FERC acted arbitrarily and capriciously because it did not provide any reasonable justification for allowing DTE affiliates but not ANR to charge market-based rates. Furthermore, FERC's market-power analysis was internally inconsistent. The court also held that ANR's remaining contentions lacked merit. The court remanded for further proceedings. View "ANR Storage Co. v. FERC" on Justia Law

Regional transmission organizations manage the interstate grid for electricity, conduct auctions through which many large generators of electricity sell most or all of their power, and are regulated by the Federal Energy Regulatory Commission (FERC) Illinois subsidizes nuclear generation facilities by granting “zero emission credits,” which generators that use coal or gas to produce power must purchase from the recipients at a price set by the state. Electricity producers and municipalities sued, contending that the price‐adjustment aspect of the system is preempted by the Federal Power Act because it impinges on the FERC’s regulatory authority. They acknowledge that a state may levy a tax on carbon emissions; tax the assets and incomes of power producers; tax revenues to subsidize generators; or create a cap‐and‐trade system requiring every firm that emits carbon to buy credits from firms that emit less carbon. They argued that the zero‐emission‐credit system indirectly regulates the auction by using average auction prices as a component in a formula that affects the credits' cost. The Seventh Circuit affirmed summary judgment for the defendants. Illinois has not engaged in discrimination beyond that required to regulate within its borders. All Illinois carbon‐emitting plants need to buy credits. The subsidy’s recipients are in Illinois. The price effect of the statute is felt wherever the power is used. All power (from inside and outside Illinois) goes for the same price in an interstate auction. The cross‐subsidy among producers may injure investors in carbon‐ releasing plants, but only plants in Illinois. View "Village of Old Mill Creek v. Star" on Justia Law

Allco Renewable Energy Limited (Allco) appealed the Vermont Public Utility Commission’s (PUC) denial of Allco’s motion to intervene as a party in proceedings concerning whether Green Mountain Power Corporation (GMP) could purchase power generation facilities outside of Vermont. Allco argued that it should have been allowed to intervene because it meets the criteria for intervention set out in the PUC’s own rules. In particular, Allco argued it had a substantial interest in the proceedings both as a ratepayer and as a competing supplier of power. Allco also appealed the PUC’s eventual decision to allow the purchases. The Vermont Supreme Court affirmed the PUC’s denial of Allco’s motion to intervene and accordingly dismissed Allco’s second appeal. View "In re Petition of Green Mountain Power Corp. for Approval to Invest in Hydroelectric Generation Facilities Located Outside Vermont (Allco Renewable Energy Limited, Appellant)" on Justia Law

Petitioners sought to prevent the expansion of Transco’s interstate natural gas pipeline facilities, arguing that the Federal Energy Regulatory Commission (FERC) violated the Natural Gas Act (NGA), 15 U.S.C. 717–717z and environmental protection statutes, by arbitrarily approving Transco’s proposed project. Petitioners also argued that the New Jersey Department of Environmental Protection (NJDEP) violated state law by improperly issuing permits required under federal law before commencement of construction activities and by denying the petitioners’ request for an adjudicatory hearing to challenge the permits, based only on the NJDEP’s allegedly incorrect belief that the New Jersey regulations establishing the availability of such hearings were preempted by federal law. The Third Circuit concluded that the challenges to FERC’s orders lacked merit because no discharge-creating activity can commence without New Jersey independently awarding Transco with a Section 401 permit; no activities that may result in a discharge can follow as a logical result of just FERC’s issuance of the certificate. FERC adequately addressed the need for the project and its cumulative impacts, as required by the National Environmental Policy Act. The court remanded to NJDEP. NJDEP misunderstood the scope of the NGA’s assignment of jurisdiction to the federal Courts of Appeals, rendering unreasonable the sole basis for its denial of the petitioners’ request for a hearing--preemption. View "Township of Bordentown v. Federal Energy Regulatory Commission" on Justia Law

The Court of Appeals held that the Public Service Commission (Commission) acted within its authority when it approved the acquisition of Pepco Holdings, Inc. (PHI) and its utility subsidiaries by Exelon Corporation (Exelon).The General Assembly has provided for judicial review of decisions of the Commission assessing and either approving or rejecting an acquisition of a company that supplies electricity in the State, including a merger with another utility. At issue here was the Commission’s approval of the acquisition of PHI and its utility subsidiaries by Exelon. The circuit court and Court of Special Appeals concluded that the Commission acted within its authority when it approved the transaction. The Court of Appeals affirmed, holding (1) the Commission properly considered the factors listed in Md. Code Pub. Util. Cos. 6-105(g)(2) and exercised its discretion as to what weight to accord factors other than those specifically listed in the statute; and (2) the Commission acted neither arbitrarily nor capriciously in evaluating harm to renewable and distributed generation markets. View "Office of People's Counsel v. Maryland Public Service Commission" on Justia Law

The Supreme Judicial Court dismissed this appeal challenging the promulgation of a final rule by the Public Utilities Commission, holding that this Court does not have original jurisdiction over appeals from administrative rulemaking proceedings.Appellants, including the Conservation Law Foundation, the Industrial Energy Consumers’ Group, ReVision Energy, LLC, and the Natural Resources Council of Maine, argued, among other things, that, in promulgating the rule at issue, the Commission violated several provisions of the Maine Administrative Procedure Act, that the rule violated statutory ban on exit fees, and that the rule unjustly discriminated. The Commission argued that Me. Rev. Stat. 35-A, 1320 does not authorize appeals to the Law Court when the Commission acts pursuant to its rulemaking authority. The Supreme Judicial Court agreed, holding that any appeal from Commission rulemaking proceedings must be brought originally in the Superior Court. View "Conservation Law Foundation v. Public Utilities Commission" on Justia Law

At issue before the Court of Appeals was the correct interpretation of Md. Code Ann. Pub. Util. (PU) 4-210, known as the STRIDE statute, which allows Maryland gas companies more timely cost recovery if they submit plans that increase the pace of natural gas infrastructure improvements.The Maryland Public Service Commission, the circuit court of Montgomery County, and the court of special appeals each concluded that the STRIDE statute provides accelerated cost recovery only for gas infrastructure projects located in the State. The Court of Appeals affirmed, holding that the STRIDE statute’s legislative history supports this Court’s interpretation that PU 4-210 is unambiguous and requires that “gas infrastructure improvements” be located “in the State” in order promptly to recover investment costs separate from base rate proceedings. View "Washington Gas Light Co. v. Maryland Public Service Commission" on Justia Law

Adorers, a religious order of Roman Catholic women, owns land in Columbia, Pennsylvania affected by the Federal Energy Regulatory Commission (FERC) decision under the Natural Gas Act, to issue a certificate of public convenience and necessity to Transco, authorizing construction of a roughly 200-mile-long pipeline. Adorers claim that their deeply-held religious beliefs require that they care for the land in a manner that protects and preserves the Earth as God’s creation. Despite receiving notice of the proposed project, Adorers never raised this objection before FERC. More than five months after FERC granted the certificate, Adorers filed suit under the Religious Freedom Restoration Act, 42 U.S.C. 2000bb-1. The district court dismissed, citing the Act: If FERC issues a certificate following the requisite hearing, any aggrieved person may seek judicial review in the D.C. Circuit or the circuit wherein the natural gas company is located or has its principal place of business. Before seeking judicial review, that party must, within 30 days of the issuance of the certificate, apply for rehearing before FERC. Anyone who fails to first seek a rehearing is barred from seeking judicial review, 15 U.S.C. 717r(a). The Third Circuit affirmed the dismissal. A RFRA cause of action, invoking a court’s general federal question jurisdiction, does not abrogate or provide an exception to a specific jurisdictional provision prescribing a particular procedure for judicial review of an agency’s action. View "Adorers of Blood of Christ v. Federal Energy Regulatory Commisson" on Justia Law