Number: RS21559
Title: Entergy Louisiana, Inc. v. Louisiana Public Service Commission: Preemptive Effect of Federal Energy Regulatory Commission Orders
Authors: Michael V. Seitzinger, American Law Division 
Abstract: In Entergy Louisiana v. Louisiana Public Service Commission the U.S. Supreme Court faced the issue of whether a Federal Energy Regulatory Commission (FERC) tariff delegating discretion to the regulated entity to determine precise cost allocation pre-empted a FERC order that had judged those costs imprudent. Reversing the Louisiana Supreme Court, the U.S. Supreme Court held that the FERC order pre-empted any attempt at modification and that, therefore, the costs determined as imprudent could not be allowed. The case continues the line of Supreme Court cases holding that, when FERC approves a just and reasonable rate, a state agency may not reconsider the rate.
Pages: 4
Date: Updated July 1, 2003