in a unanimous opinion, reversing a Louisiana Supreme Court decision, the justices held that a prior existing Federal Energy Regulatory Commission (FERC) ruling on interstate power rates will pre-empt later additional state regulations intended to alter intrastate rates charged by the same utility. Entergy Louisiana Inc. v. Louisiana Pub. Serv. Comm'n, No. 02-299.

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in a unanimous opinion, reversing a Louisiana Supreme Court decision, the justices held that a prior existing Federal Energy Regulatory Commission (FERC) ruling on interstate power rates will pre-empt later additional state regulations intended to alter intrastate rates charged by the same utility. Entergy Louisiana Inc. v. Louisiana Pub. Serv. Comm’n, No. 02-299. The state’s public service commission had determined that Entergy Louisiana was paying too much money to its corporate siblings for their shared power grid. Accordingly, the commission ruled that Entergy would not be allowed to recoup the loss by charging more to its in-state regional customers. But applying the “filed rate doctrine,” the justices said that, because the FERC had already approved Entergy’s interstate cost allocations, the state could not second-guess that ruling. Thomas delivered the court’s opinion.

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