DESCRIPTION FORECASTS CASES DATA MANUSCRIPTS   CONTRIBUTORS

Entergy Louisiana v. Louisiana Public Service Commission April 28, 2003 (02-299) return to case listing Case Summary Petitioner Entergy Louisiana, Inc. is an electric utility company regulated by both the Federal Energy Regulatory Commission ("FERC") and the Respondent here, Louisiana Public Service Commission. The Respondent, a state agency, disallowed as "imprudent" certain cost items Petitioner had included in its service rate schedules, and ordered Petitioner to credit these overpayments back to customers. Petitioner filed suit in Louisiana state district court, claiming that Respondent lacked authority to make such a ruling because its authority is preempted by the FERC's prior approval of the rate schedules under the Federal Power Act. The district court, and later the state supreme court, held that Respondent?s authority in this area was not preempted because it was not regulating the rate schedules themselves but rather the prudence of certain purchasing decisions by Petitioner. The opinion of the Supreme Court of Louisiana is found at 815 So.2d 27. The opinion of the Supreme Court of Louisiana is found at 815 So.2d 27. To see the opinion of the lower court, click here, and here for the dissent. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 6-3 to Reverse 9-0 to Reverse n/a n/a 9-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Thomas Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Stevens Souter Ginsburg   return to case listing