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Home / Filings / EEI, EPSA, ETI Joint Amicus Brief Supporting Vitol Petition for Interlocutory Appeal of FERC Enforcement Statute of Limitations Issue

March 15, 2022

EEI, EPSA, ETI Joint Amicus Brief Supporting Vitol Petition for Interlocutory Appeal of FERC Enforcement Statute of Limitations Issue

By EPSA

In the United States Court of Appeals for the Ninth Circuit

Federal Energy Regulatory Commission, plaintiff-respondent v. Vitol Inc.; Federico Corteggiano, defendents-petitioners

Case No. 2:20-cv-00040-KJM-AC

Brief of Edison Electric Institute, Electric Power Supply Association, and Energy Trading Institute as Amici Curiae in Support of Petition for Permission to Appeal

Summary:

The three energy trade associations have filed a brief to support Vitol Inc’s Petition for Permission to Appeal to the U.S. Court of Appeals for the Ninth Circuit a decision from the U.S. District Court for the Eastern District of California, Sacramento on the issue of FERC’s statute of limitations dictating the time allowed for the agency to bring a claim for an alleged violation of the Federal Power Act in federal court. There are conflicting Circuit court decisions on this issue, and the district court acknowledged the lower courts’ need for guidance on this important issue in certifying its decision for interlocutory appeal. FERC does not oppose this petition, and EPSA, EEI and ETI strongly support the petition.

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