FERC Judicial Review Tracker

This track­er was launched February 14, 2022. It was last updat­ed September 1, 2022.

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).

117 cases match your search. 13 were granted, 90 were denied, 13 were granted in part, denied in part.   Download as CSV

The City of Miami, Oklahoma v. FERC 1/18/2022

Judicial Review

Court
Judge Ideology 4
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
Hydro
Local Gov
Granted
Petition for review of FERC orders denying challenge arguing that Grand River Dam Authority failed to comply with its license by not buying or compensating land subject to intermittent flooding from dam granted.

FERC Proceeding

Commissioner Composition 5
Chair 6
Participating Commissioners
Dissenting Commissioners 7
Republican
Chatterjee
3
0

FERC Orders on Review

Letter from CarLisa Linton, Director, Division of Hydropower Administration and Compliance, to Dean Kruithof, City Manager, Miami, Oklahoma, Project No. 1494-445 (issued Apr. 29, 2020) (etter Order, order on reh’g Grand River Dam Authority, 172 FERC 61,255 (2020)

TransCanada Power Marketing v. FERC 12/28/2021

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
Electric
Industry
Denied
Petition for review of FERC order granting rate adjustment using market-based paradigm to evaluate auction results and cost-based supply curve with 25% upward adjustment denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
4
0

FERC Orders on Review

ISO New England, Inc., 171 FERC 61,003 (2020), order on reh’g 172 FERC 61,164 (2020)

Keryn Newman and Alison Haverty v. FERC 12/28/2021

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
Electric
Other
Granted
Petition for review of FERC order allowing Potomac-Appalachian Transmission Highline LLC to recover money spent on public relations and advocacy for a transmission line via a rate increase granted.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
4
0

FERC Orders on Review

Potomac-Appalachian Transmission Highline, LLC, 554, 158 FERC 61,050 (2017), reh’g denied 554-A, 170 FERC 61,050 (2020), 554-B 172 FERC 61,048 (2020)

California Public Utilities Commission v. FERC 12/17/2021

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
Electric
State Gov
Granted
Petition for review of FERC’s order approving CAISO’s proposed Capacity Procurement Mechanism rate allowing resources above the soft-offer cap to submit cost-justified bids with going-forward costs plus a 20% adder granted.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
0

FERC Orders on Review

Cal. Indep. Sys. Operator Corp., 171 FERC 61,172 (2020) (reh’g denied by operation of law, 172 FERC 62,052 (2020))

Louisiana Public Service Commission v. FERC 12/7/2021

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
Electric
State Gov
Denied
Petition for review of FERC’s order excluding certain sales from a cost recovery decision, as well as FERC’s order finding that the Settlement Agreement dissolving a relationship between six utilities precluded the Louisiana Public Service Commission (a party to the Agreement) from bringing a separate complaint against one of the utilities for those excluded energy sales, denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
4
0

FERC Orders on Review

La. Pub. Serv. Comm’n v. Entergy Corp., 169 FERC ¶ 61,113 (2019), order on reh’g 169 FERC ¶ 61, 179 (2019) (regarding exclusion of certain sales from cost recovery), reh’g denied 172 FERC ¶ 61,056 (2020) (regarding separate cost recovery complaint)

Oklahoma Gas And Electric Company v. FERC 8/27/2021

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
Electric
Industry
Denied
Petition for review of FERC’s authority over retroactive waiver of billing requirement denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
0

FERC Orders on Review

Southwest Power Pool, Inc., 166 FERC ¶ 61,160(2019), order on reh’g & clar., 170 FERC ¶ 61,125 (2020).

Louisiana Public Service Commission v. FERC 8/20/2021

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Republican
Electric
State Gov
Denied
Petition for review of FERC order on Entergy operating companies’ allocation of production costs denied.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
0

FERC Orders on Review

Louisiana Pub. Serv. Comm’n, v. Entergy Services, Inc., 167 FERC ¶ 61,186 (2019), reh’g denied, 169 FERC ¶ 61,247 (2019).

Public Citizen v. FERC 8/6/2021

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
Electric
NGO
Granted in part, denied in part
Petition for review of FERC orders on market manipulation complaints in MISO capacity market granted in part, denied in part.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
1

FERC Orders on Review

Public Citizen, Inc., et al. v. Midcontinent Independent System Operator, Inc., 168 FERC ¶ 61,042 (2019), reh’g denied, 170 FERC ¶ 61,227 (2020).

Vecinos para el Bienestar de la Comunidad Costera, et al. v. FERC 8/3/2021

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
D.C. Circuit
Democrat
Gas
NGO
Granted in part, denied in part
Petition for review of FERC authorizations for three LNG export terminals in Cameron County, Texas, and the construction and operation of two related pipelines granted in part and denied in part as moot.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
1

FERC Orders on Review

Rio Grande LNG, LLC & Rio Bravo Pipeline Co., LLC 170 FERC ¶ 61,046 (Aug. 13, 2020), order on reh’g, 174 FERC ¶ 61,048 (2021).

National Parks Conservation Association v. FERC 7/29/2021

Judicial Review

Court
Judge Ideology
Case Type
Petitioner Type
Outcome
9th Circuit
Democrat
Electric
NGO
Denied
Petition for review of FERC’s denial of motion to intervene in post-licensing proceeding for the Eagle Mountain Pumped Storage Hydroelectric Project denied, further found no violation of the Federal Power Act in failing to provide public notice.

FERC Proceeding

Commissioner Composition
Chair
Participating Commissioners
Dissenting Commissioners
Republican
Chatterjee
3
1

FERC Orders on Review

Eagle Crest Energy Co., 167 FERC ¶ 61,117 (2019), reh’g denied, 168 FERC ¶ 61,186 (2019).

  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. 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.
  6. This indicates the FERC chair at the time of the last decision on review in the relevant court case.
  7. This includes Commissioners who dissented in part from the order or concurred in part and dissented in part.