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Entergy Louisiana, Inc. v. Louisiana Public Service Comm.

Docket No.: 02-299
Certiorari Granted: Jan 17 2003
Argued: April 28, 2003
Decided: June 2, 2003


Federal Power, Federalism, Federal Preemption of State Regulation, Civil Procedure, Civil Rights Act, Civil Rights Act of 1964, Commerce Clause, Federal Rules of Civil Procedure, Internal Revenue Code, Supremacy Clause, preemption

PartyNames: Entergy Louisiana, Inc. v. Louisiana Public Service Commission, et al.
Petitioner: Entergy Louisiana, Inc.
Respondent: Louisiana Public Service Comm.

Court Below: THE SUPREME COURT OF LOUISIANA No. 02-299. Argued April 28, 2003-Decided June 2,
Citation: Louisiana Supreme Court, 815 So.2d 27. QUESTION PRESENTED Whether Mississippi Power & Light v. Mississippi ex rel. Moore , 487 U.S. 354(1988), and Nantahala Power & Light Co. v. Thornburg , 476 U.S. 953 (1986), require a state public utility commission to allow an electric utility member of amulti-state power system to recover, in retail rates, the costs allocated to it by a rate schedule of the Federal Energy Regulatory Commission ("FERC"), or whether the state commission has jurisdiction to decide that it was "imprudent" for such a utility to incur the costs allocated to it under a FERC rate schedule, thereby"trapping" such wholesale costs?
Supreme Court Docket

Entergy Louisiana, Inc.
Louisiana Public Service Comm.
539 U.S. 39 (2003)

Does a Federal Energy Regulatory Commission approved tariff that delegates discretion to the regulated entity to determine the precise cost allocation similarly preempt a state order that adjudges those costs imprudent?

Entergy Louisiana, Inc. v. Louisiana Public Service Comm.

April 28, 2003

Holding: reversed
Decision: Decision: 9 votes for Entergy Louisiana, Inc., 0 vote(s) against
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