FERC Judicial Review Tracker

The State Ener­gy & Envi­ron­men­tal Impact Cen­ter has cre­at­ed this track­er to col­lect court deci­sions review­ing orders of the Fed­er­al Ener­gy Reg­u­la­to­ry Com­mis­sion (FERC).1 This track­er will be updat­ed as new deci­sions are issued. It will also be expand­ed to cov­er ear­li­er years.

Back­ground

Under the statutes gov­ern­ing judi­cial review of FERC orders, the Fed­er­al Pow­er Act and the Nat­ur­al Gas Act, an aggriev­ed par­ty must seek rehear­ing from FERC before fil­ing a peti­tion for review.2 Court deci­sions review­ing FERC orders thus typ­i­cal­ly review two orders – an order, and an order on rehearing.

FERC is com­posed of five mem­bers, with no more than 3 from any one polit­i­cal par­ty. The chair is deter­mined by the pres­i­dent.3 FERC must have a quo­rum of three com­mis­sion­ers par­tic­i­pat­ing to take an action. A com­mis­sion­er might not par­tic­i­pate in a case if they are recused due to a con­flict or oth­er issue.

In this track­er, we include the his­to­ry of the FERC orders on review. We list the Com­mis­sion­er com­po­si­tion and Chair at the time of the final FERC order that was sub­ject to the court deci­sion. And we note which orders include a dis­sent or par­tial dis­sent (com­mis­sion­ers also some­times con­cur, but we have not sep­a­rate­ly list­ed that data in this track­er for brevity’s sake).

45 cases match your search. 9 were granted, 28 were denied, 8 were granted in part, denied in part.   Download as CSV

American Municipal Power, Inc., et al. v. FERC 3/28/2022

Judicial Review

Court
Judge Ideology 4
Case Type
Petitioner Type
Outcome 5
D.C. Circuit
Democrat
electric
Public Power
Denied
Petition challenging FERC approval of revisions to open access transmission tariff that would add planning procedures for supplemental transmission projects denied for lack of standing.

FERC Proceeding

Commissioner Composition 6
Chair 7
Participating Commissioners
Dissenting Commissioners 8
Republican
Danly
3
1

FERC Orders on Review

Appalachian Power Co., 170 FERC 61,196 (2020), order on reh'g, 173 FERC 61,157 (2020)

American Clean Power Association v. FERC 3/23/2022

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
electric
Industry
Denied
Petition challenging FERC orders approving network service agreements requiring interconnecting generators to maintain security for post-construction costs denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
0

FERC Orders on Review

Midcontinent Independent System Operator, Inc., 171 FERC 61,075 (2020), order on reh'g, 173 FERC 61,037 (2020)

Holy Cross Electric Association, Inc., D/B/A Holy Cross Energy v. FERC 3/23/2022

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
electric
Industry
Denied
Petition challenging FERC order that Holy Cross is not entitled to firm transmission service denied in deference to agency's reasonable interpretation.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
0

FERC Orders on Review

Public Service Company of Colorado, 170 FERC 61,294 (2020), order on reh'g, 173 FERC 61, 044 (2020)

LSP Transmission Holdings II, LLC v. FERC 3/22/2022

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
electric
Industry
Denied
Petition challenging FERC ruling that ISO-New England's choice of dates to determine when transmission projects were exempt from competitive-selection requirements satisfied FERC Order No. 1000 denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
0

FERC Orders on Review

ISO New England Inc., 171 FERC 61,211 (2020), reh'g denied, 172 FERC 61,293 (2020)

California Public Utilities Commission, et al. v. FERC 3/17/2022

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
9th Circuit
Republican
electric
State Gov
Denied
Petition challenging FERC order (on remand from prior 9th Circuit opinion addressing return on equity incentives) concluding that utility's membership in the California Independent System Operator was voluntary as outside FERC's mandate on remand and as arbitrary and capricious denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
0

FERC Orders on Review

Pacific Gas and Electric Company, 173 FERC 61,045 (2020)

Louisiana Public Service Commission v. FERC 3/15/2022

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
electric
Industry; State Gov
Denied
Petition challenging FERC order allocating price sharing among Entergy operating companies which changed to include certain deferred income tax amounuts in price sharing but only required retroactive payments for some (not all) years denied for failure to seek timely rehearing with FERC.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Danly
3
0

FERC Orders on Review

Opinion No. 560, 162 FERC 61,234 (2018), order on reh'g, 171 FERC 61,044 (2020), second order on reh'g, 173 FERC 61,152 (2020)

Food & Water Watch and Berkshire Environmental Action Team v. FERC 3/11/2022

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
gas
NGO
Granted in part, denied in part
Petition challenging NEPA compliance of FERC approval for natural gas pipeline and compressor. One petitioner dismissed for lack of standing. Other petitioner's NEPA claims dismissed in part, granted in part (requiring FERC NEPA review to consider greenhouse gas).

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
1

FERC Orders on Review

Tennessee Gas Pipeline Company, L.L.C., 169 FERC 61,230 (2019), reh'g denied, 170 FERC 61,142 (2020)

Long Island Power Authority and Long Island Light Company, D/B/A Lipa v. FERC 3/4/2022

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
electric
Industry; Public Power
Granted in part, denied in part
Petition challenging as procedurally deficient FERC's approval of a settlement for cost-sharing of high-voltage facilities between different benficiaries that used multiple hybrid formulas denied. Additional challenge to FERC's assignment of costs to one petitioner based on interpretation of settlement granted.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
0

FERC Orders on Review

PJM Interconnection, L.L.C., 163 FERC 61,168 (2018), reh'g & clar. denied, 169 FERC 61,238 (2019)

In Re: NTE Connecticut, LLC v. FERC 2/24/2022

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
electric
Industry
Granted
Petition to stay FERC order terminating Killingly's capacity supply obligation in ISO-NE granted until 30 days after FERC resolves petitioner's application for agency rehearing.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Democrat
Glick
5
0

FERC Orders on Review

ISO New England Inc., 178 FERC 61,063 (2022)

Cogentrix Energy Power Management, LLC and Vistra Corporation v. FERC 1/28/2022

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
electric
Industry
Denied
Petition for review of FERC order denying recovery of certain costs incurred in complying with reliability requirements prior to the date of filing regarding those proposed costs denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
0

FERC Orders on Review

ISO New England Inc.,171 FERC 61,160 (2020), order on reh'g, 172 FERC 61,251 (2020)

  1. Court deci­sions are gath­ered from FERC’s web­site.
  2. 15 U.S.C. § 717r; 16 U.S.C. § 825l.
  3. The list of cur­rent and pre­vi­ous chairs is avail­able here.
  4. This tracker uses the affiliation of the president who nominated the reviewing judge as a proxy for the judge’s ideology. If the decision was issued by a panel of judges that were not all nominated by a president of the same political party, we have indicated the party affiliation of the president for the majority of judges on the panel.
  5. The answer is “no,” the challenge was not successful, if the petition for review was denied in full. As long as the petition for review was granted at least in part, the case is categorized as “yes,” successfully challenged.
  6. This indicates the political party affiliation of the majority of the FERC commissioners participating in the last decision on review in the relevant court case. “Split” indicates that there was an even number of Democrats and Republicans on the Commission at the time.
  7. This indicates the FERC chair at the time of the last decision on review in the relevant court case.
  8. This includes Commissioners who dissented in part from the order or concurred in part and dissented in part.