Mississippi Industries v. Federal Energy Regulatory Commission
Subsequent history: rev'd sub nom. Miss. Power & Light Co. v. Miss. ex rel. Moore, 487 U.S. 354 (1988). (read from the later opinion; check before relying)
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
ORDER PER CURIAM.
Upon reconsideration of the petition for rehearing of the City of New Orleans, Louisiana, the petition of Mississippi Industries, the Mississippi Attorney General and the Mississippi Public Service Commission, *43 and of the petition of Mississippi Power and Light Company, it is
ORDERED by the Court, on its own motion, that the order of April 3, 1987, 814 F.2d 773 denying rehearing by the panel is hereby vacated. It is
FURTHER ORDERED by the Court, on its own motion, that the petitions are granted. It is
FURTHER ORDERED by the Court, on its own motion, that, for the reasons stated in the dissenting opinion of January 6, 1987, 808 F.2d 1525 the Commission’s decision is reversed and this case is remanded for reconsideration of the decision to equalize the capacity costs of all nuclear plants, and for an explanation of the criteria used to determine what constitutes “undue discrimination” and of why the Commission’s ultimate decision is not unduly discriminatory. It is
FURTHER ORDERED by the Court, on its own motion, that those parts of Section 111(C)(2) of the opinion of January 6, 1987, which address these two issues, specifically, pages 1560 to the end of the first paragraph on page 1563 and the judgment of the same date insofar as it concerns those issues, are hereby vacated.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 17 cases
View all citing references →Relies on it most ⓘ
- City of New Orleans v. Federal Energy Regulatory Commission, Jefferson Parish, Louisiana, Occidental Chemical Corporation, System Energy Resources, Inc., Louisiana Public Service Commission, Arkansas Public Service Commission, Mississippi Public Service Commission
- City of New Orleans v. Federal Energy Regulatory Commission
- New Orleans Public Service, Inc. v. Council of City of New Orleans
- Mississippi Power & Light Co. v. Mississippi ex rel. Moore
- Connecticut Department of Public Utility Control v. Federal Energy Regulatory Commission
- New Orleans Public Service, Inc. v. The Council of the City of New Orleans
Most recent
- New England Power Generators Ass'n v. Federal Energy Regulatory Commission
- PPL Energyplus, LLC v. Nazarian
- Connecticut Department of Public Utility Control v. Federal Energy Regulatory Commission
- AR Elec Engy Consum v. FERC
- Arkansas Electric Energy Consumers v. Federal Energy Regulatory Commission, Arkansas Public Service Commission
- LA Pub Svc Cmsn v. FERC
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.