Many Commission decisions are challenged or enforced in the Federal courts. The Office of the Solicitor, OGC, has independent authority to defend the Commission in court, typically the U.S. Courts of Appeals, unless the matter goes to the U.S. Supreme Court.

The defense normally entails preparing motions and briefs and presenting oral arguments before three-judge panels. It may also involve responding to petitions for writ of mandamus and requests to stay the underlying Commission action. At times, the Office files briefs as a "friend of the court," and in certain limited circumstances also defends the Commission or enforces its initiatives in the U.S. district courts.

1. Northern Laramie Range Alliance v. FERC
   No. 12-9567 (10th Cir. filed 7/24/2012)
   
Denial of request that FERC revoke qualifying facility status of two wind facilities; whether facilities are close enough together to warrant consideration collectively for purpose of 80 MW size limit. Northern Laramie Range Alliance; Pioneer Wind Park I and II, 138 FERC ¶ 61,171 (2012), reh’g denied, 139 FERC ¶ 61,190 (2012).
FERC Docket No. EL11-51, et al.


2. North Carolina Utilities Commission v. FERC
   No. 12-1881 (4th Cir. filed 7/20/2012)
   
Transmission rate incentives, awarding a return on equity adder to base ROE for 11 transmission enhancement projects. Virginia Electric and Power Co., 124 FERC ¶ 61,207 (2008), reh’g denied, 139 FERC ¶ 61,143 (2012).
FERC Docket No. ER08-1207


3. Black Oak Energy LLC and SESCO Enterprises LLC v. FERC
   No. 12-1286 (D.C. Cir. filed 7/9/2012)
   
Complaint concerning PJM implementation of marginal line loss methodology with respect to virtual traders; payment and timing of refunds. Black Oak Energy, L.L.C., et al. v. PJM Interconnection, 136 FERC ¶ 61,040 (2011), reh’g denied, 139 FERC ¶ 61,111 (2012).
FERC Docket No. EL08-14


4. Louisiana Pub. Serv. Comm’n, et al. v. FERC
   No. 12-1282, et al. (D.C. Cir. filed 7/5/2012)
   
Rates to implement bandwidth remedy (rough production cost equalization among Entergy operating companies); various ratemaking issues. Entergy Services, Inc., Opinion No. 505, 130 FERC ¶ 61,023 (2010), order on reh’g & clar, Opinion No. 505-A, 139 FERC ¶ 61,103 (2012).
FERC Docket No. ER07-956


5. In re: Sealed Case
   No. 12-1268, et al. (D.C. Cir. filed 6/22/2012)
   
Access to prior deposition testimony during ongoing non-public investigation of possible manipulation of regional energy markets. In re Make-Whole Payments and Related Bidding Practices,
FERC Docket No. IN11-8-000 (May 14, 2012).


6. National Fuel Gas Distribution Corp. v. FERC
   No. 12-1261 (D.C. Cir. filed 6/15/2012)
   
Approval of settlement resolving rate issues and addressing merits of certain non-rate issues for pipeline transportation and storage service, including scheduling priority and service interruptions. Tennessee Gas Pipeline Co., 135 FERC ¶ 61,208 (2011), order on reh’g & tariff records, 139 FERC ¶ 61,050, (2012).
FERC Docket No. RP11-1566


7. BNP Paribas Energy Trading GP (f/k/a Fortis Energy Mrktg. & Trading GP) v. FERC
   No. 12-1242 (D.C. Cir. filed 6/1/2012)
   
Allocation of Transco’s cost of purchasing base gas in storage, needed to pressurize the reservoir to support top gas entitlements, between historic and new shippers. Transcontinental Gas Pipe Line Corp., Opinion No. 507, 130 FERC ¶ 61,043 (2010), order on reh'g, Opinion No. 507-A, 139 FERC ¶ 61,002, (2012).
FERC Docket No. RP06-569, et al.


8. Rockies Express Pipeline LLC v. FERC
   No. 12-1230 (D.C. Cir. filed 5/25/2012)
   
Order rejecting one proposed fuel tracker filing and suspending and setting for hearing another proposed fuel tracker; annual filings for 2011 and 2012 and compliance issues. Rockies Express Pipeline LLC, 134 FERC ¶ 61,248 (2011), order on reh'g & compl., 138 FERC ¶ 61,241, (2012).
FERC Docket No. RP11-1844, et al.


9. South Carolina Public Service Authority, et al. v. FERC
   No. 12-1232, et al. (D.C. Cir. filed 5/25/2012 and later)
   
Amendments to transmission planning and cost allocation requirements established in Order No. 890. Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities, Order No. 1000, FERC Stats. & Regs. ¶ 31,323 (2011), order on reh’g, Order No. 1000-A, 139 FERC ¶ 61,132 (2012). (D.C. Circuit selected as venue for all appeals by Judicial Panel on Multidistrict Litigation, 6/12/12)
FERC Docket No. RM10-23