W. Kevin Hughes, Chairman, Maryland Public Service Commission, Petitioners v. Talen Energy Marketing, LLC…

Summary

The Supreme Court affirmed the Fourth Circuit's judgment holding Maryland's subsidy program preempted by the Federal Power Act (FPA). Maryland's program guaranteed a generator a rate distinct from FERC-approved wholesale auction clearing prices, effectively setting wholesale rates and intruding on federal jurisdiction. Justice Sotomayor and Justice Thomas filed concurring opinions emphasizing the FPA's federal-state balance and statutory exclusivity respectively.