Legal Opinion

Exelon Generation Co. v. Federal Energy Regulatory Commission

Court of Appeals for the Ninth Circuit

Decided August 4, 2016No. 15-73836Unpublished

1Opinion of the Court

MEMORANDUM **

Exelon Generation Company, LLC (“Exelon”), successor in interest to AES New Energy, Inc., petitions for review of certain orders issued by the Federal Energy Regulatory Commission (“FERC”). We deny the petition for review. Because the parties are familiar with the history of the case, we need not recount it here. 1

I

FERC correctly concluded that the Mobile-Sierra presumption of reasonability does not apply to Exelon’s forward sale. See generally Morgan Stanley Capital Grp., Inc. v. Pub. Util. Dist. No. 1, 554 U.S. 527, 532-34, 128 S.Ct. 2733, 171 L.Ed.2d 607 (2008) (explaining the…

2Cases cited7 opinions

  1. United Gas Pipe Line Co. v. Mobile Gas Service Corp.Supreme Court of the United States · 1956
  2. Federal Power Commission v. Sierra Pacific Power Co.Supreme Court of the United States · 1956
  3. Morgan Stanley Capital Group Inc. v. Public Util. Dist. No. 1 of Snohomish Cty.Supreme Court of the United States · 2008
  4. United Gas Pipe Line Co. v. Memphis Light, Gas & Water DivisionSupreme Court of the United States · 1959
  5. Public Utilities Commission v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2006

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