W. Kevin Hughes, Chairman, Maryland Public Service Commission, Petitioners v. Talen Ene — Sotomayor, J…

Summary

Justice Sotomayor’s concurring opinion clarifies the pre‑emption principles that guide analysis under the Federal Power Act, emphasizing the collaborative federalism framework and the limited role of pre‑emption in such programs. She joins the Court’s judgment that Maryland’s rate guarantee impermissibly intrudes on FERC’s exclusive jurisdiction over wholesale rates. Justice Thomas concurs in the judgment, agreeing that the statutory text alone suffices to resolve the case without reliance on implied pre‑emption doctrines.