Justia Government & Administrative Law Opinion Summaries

Appellant filed a complaint and amended complaint against the Ohio Edison Company, a public utility, alleging that Ohio Edison had unlawfully removed the electric meter from his property and disconnected his electric service. The Public Utilities Commission found that Ohio Edison was justified in removing the meter and terminating electric service where (1) Appellant had never made an application for new service under Ohio Edison's tariff and therefore was not a customer of Ohio Edison, and (2) Ohio Edison properly removed the electric meter without prior notice because the meter had been tampered with and was a safety hazard. The Supreme Court affirmed, holding that Appellant failed to demonstrate that the Commission erred in finding that (1) Appellant was not a customer of Ohio Edison at the property in question; and (2) Ohio Edison had lawfully disconnected electric service to the property. View "Smith v. Ohio Edison Co." on Justia Law

In 2009, Minnesota Power sought an increase in service rates of approximately 18.9 percent. As part of its submission to the Minnesota Public Utilities Commission, Minnesota Power also requested an interim rate increase of approximately $73.3 million. The Commission decided to set the interim rate increase at approximately $48.5 million after finding exigent circumstances existed. The court of appeals affirmed, concluding that the Commission did not err in finding exigent circumstances and did not abuse its discretion in setting interim rates. The Supreme Court affirmed, holding that substantial evidence supported the Commission's decision to set Minnesota Power's interim rate increase at $48.5 million. View "In re Application of Minn. Power for Auth. to Increase Rates for Elec. Serv. in Minn." on Justia Law

Appellants, the New Mexico Attorney General and New Mexico Industrial Energy Consumers, asked the Supreme Court to vacate and annul the final order in PRC Case No. 11-00308-UT (Case 308 Final Order) because it permitted Public Service Company of New Mexico (PNM) to earn returns on the operating expenses incurred from energy efficiency programs. Appellants argue that such returns are inconsistent with New Mexico law. Upon review, the Supreme Court held that Case 308 Final Order was consistent with the PRC’s ratemaking authority under the New Mexico Public Utility Act, the New Mexico Efficient Use of Energy Act, and with the Court's holding in "Attorney General v. New Mexico Public Regulation Commission" (258 P.3d 453). Furthermore, the Court held that Case 308 Final Order was supported by substantial evidence and was neither arbitrary nor capricious. Accordingly, the Court affirmed the Case 308 Final Order. View "NMAG v. NMPRC" on Justia Law

Appellant, a public utility (Utility), provided natural gas to intervening Appellee, an apartment complex. In 2008, Utility informed Appellee that it would disconnect gas service to the entire complex if Appellee did not bring all apartment units into compliance with the National Fire Protection Association's National Fuel Gas Code (NFG Code) within two months. Appellee subsequently filed a complaint against Utility with the Public Utilities Commission (Commission), alleging that Utility had unreasonably and unlawfully threatened to disconnect gas service to all units if Appellee refused to retrofit the ventilation system in each apartment to meet NFG Code requirements. The complaint requested that the Commission prohibit Utility from terminating service and requiring expensive remedial construction. The Commission found in favor of Appellee. The Supreme Court affirmed, holding that none of Utility's six propositions of law had merit. View "Cameron Creek Apartments v. Columbia Gas of Ohio, Inc." on Justia Law

In assessing the value of electric power plants for purposes of property taxation, assessors may not include the value of intangible assets and rights in the value of taxable property. An electric company purchased "emission reduction credits" (ERCs), which the company had to purchase to obtain authorization to construct an electric power plant and to operate it at certain air-pollutant emission levels. These ERCs constituted intangible rights for property taxation purposes. In assessing the value of the power plant using the replacement cost method, the State Board of Equalization (Board) estimated the cost of replacing the ERCs. In also using an income approach in assessing the plant, the Board failed to attribute a portion or the plant's income stream to the ERCs and to deduct that value from the plant's projected income stream prior to taxation. In analyzing the Board's valuation of the power plant, the Supreme Court held (1) the Board improperly taxed the power company's ERCs when it added their replacement cost to the power plant's taxable value; and (2) the Board was not required to deduct a value attributable to the ERCs under an income approach. Remanded. View "Elk Hills Power, LLC v. Bd. of Equalization" on Justia Law

Atmos Energy Corporation, a local distributing company, contracted with independent gas marketing companies to purchase natural gas then delivered gas to customers through local pipelines. Following an audit, Missouri Public Service Commission (PSC) staff indicated that Atmos had failed to comply with affiliate transaction rules by failing to document properly the fair market value and fully distributed cost of its transactions with its affiliate, Atmos Energy Marketing LLC (AEM). The staff then proposed a disallowance regarding Atmos' transactions with AEM. After an evidentiary hearing, the PSC found compliance with the affiliate transaction rules and rejected the proposed disallowances. The Office of Public Counsel (OPC) appealed, and the court of appeals affirmed. The Supreme Court reversed, holding that the PSC erred in relying upon a presumption of prudence in rejecting staff and OPC's proposed disallowance regarding Atmos's transactions with AEM. Remanded. View "Office of Pub. Counsel v. Mo. Pub. Serv. Comm'n" on Justia Law

Portland Generating Station is a 427-megawatt, coal-fired, electricity generating plant in Northampton County, Pennsylvania, directly across the Delaware River within 500 feet of Warren County, New Jersey. The EPA found that Portland emits sulfur dioxide in amounts that significantly interfere with control of air pollution across state borders. In response to a petition under the Clean Air Act (42 U.S.C. 7408, 7409)), the EPA imposed direct limits on Portland‘s emissions and restrictions to reduce its contribution to air pollution within three years. The Third Circuit upheld the EPA actions. It was reasonable for the EPA to interpret Section 126(b) as an independent mechanism for enforcing interstate pollution control, giving it authority to promulgate the Portland Rule. The contents of the Portland Rule are not arbitrary, capricious, or abusive of the EPA‘s discretion. View "GenOn REMA LLC v. U.S. Envtl. Prot. Agency" on Justia Law

The Canal Authority appealed the district court's decision to grant summary judgment in favor of Interior, Bureau, San Luis, and Wetlands, in a suit to establish priority water rights under Central Valley Project (CVP) water service contracts. The district court granted summary judgment for defendants, holding that all claims arising before February 11, 2004 were time-barred and that Canal Authority was not entitled to priority water allocation under the CVP contracts. The court affirmed the district court's decision on the alternative basis that California Water Code 11460 did not require the Bureau to provide CVP contractors priority water rights, because contracts between the Canal Authority and Bureau contained provisions that specifically address allocation of water during shortage periods. View "Tehama-Colusa Canal Auth. v. U.S. Dept. of Interior" on Justia Law

The 1987 Public Utilities Act, 220 ILCS 5/8-403.1, was intended to encourage development of power plants that convert solid waste to electricity. Local electric utilities were required to enter into 10-year agreements to purchase power from such plants designated as “qualified” by the Illinois Commerce Commission, at a rate exceeding that established by federal law. The state compensated electric utilities with a tax credit. A qualified facility was obliged to reimburse the state for tax credits its customers had claimed after it had repaid all of its capital costs for development and implementation. Many qualified facilities failed before they repaid their capital costs, so that Illinois never got its tax credit money back. The Act was amended in 2006, to establish a moratorium on new Qualified Facilities, provide additional grounds for disqualifying facilities from the subsidy, and expand the conditions that trigger a facility’s liability to repay electric utilities’ tax credits. The district court held that the amendment cannot be applied retroactively. The Seventh Circuit affirmed. The amendment does not clearly indicate that the new repayment conditions apply to monies received prior to the amendment and must be construed prospectively. View "Illinois v. Chiplease, Inc." on Justia Law

Intervenor, Sunflower Electric Power Corporation, appealed the grant of summary judgment to the Sierra Club based on violations of the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., by the USDA's Rural Utilities Services. The district court ruled that the Service unlawfully failed to prepare an environmental impact statement (EIS) before granting approvals and financial assistance to Sunflower's expansion of its coal-fired power plant, and remanded the matter to the Service, enjoining it from granting further approvals until it completed an EIS. The court dismissed the appeal for lack of jurisdiction under 28 U.S.C. 1291 because Sunflower appealed a non-final remand order that was not immediately appealable by a private party and under section 1292(a)(1) because the injunction served no purpose beyond the remand. View "Sierra Club v. U.S. Dept. of Agriculture, et al" on Justia Law