U.S. Court of Appeals for the D.C. Circuit, 1987

Mississippi Industries v. Federal Energy Regulatory Commission

U.S. Court of Appeals for the D.C. Circuit · Decided June 24, 1987 · Bork, Edwards, Wright

262 U.S. App. D.C. 42; 822 F.2d 1104; 1987 U.S. App. LEXIS 9428 (United States Reports)

Cases that cite this one

17 later published cases cite this decision. The 16 that cite it most often are listed here.

New Orleans Public Service, Inc. v. Council of City of New Orleans (Supreme Court of the United States 1989)
City of New Orleans v. Federal Energy Regulatory Commission (D.C. Cir. 1989)
Mississippi Power & Light Co. v. Mississippi Ex Rel. Moore (Supreme Court of the United States 1988)
New England Power Generators Ass'n v. Federal Energy Regulatory Commission (D.C. Cir. 2014)
PPL Energyplus, LLC v. Nazarian (District Court, D. Maryland 2013)
Connecticut Department of Public Utility Control v. Federal Energy Regulatory Commission (D.C. Cir. 2009)
AR Elec Engy Consum v. FERC (D.C. Cir. 2002)
Arkansas Electric Energy Consumers v. Federal Energy Regulatory Commission, Arkansas Public Service Commission, Intervenors (D.C. Cir. 2002)
LA Pub Svc Cmsn v. FERC (D.C. Cir. 1999)
LA Pub Svc Cmsn v. FERC (D.C. Cir. 1999)
Louisiana Public Service Commission v. Federal Energy Regulatory Commission (D.C. Cir. 1999)
Louisiana Public Service Commission v. Federal Energy Regulatory Commission (D.C. Cir. 1999)
Alliance for Aff. Energy v. New Orleans (La. Ct. App. 1991)
Air Line Pilots Association, International v. United States Department of Transportation, Eastern Air Lines, Inc., Intervenor (D.C. Cir. 1990)
New Orleans Public Service, Inc. v. The Council of the City of New Orleans (5th Cir. 1990)
New Orleans Public Service, Inc. v. The Council of the City of New Orleans (5th Cir. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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, *43and 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.