16-1075 Docket PDF

16-1075 Docket https://ecf.cadc.uscourts.
gov/n/beam/servlet/TransportRoom
General Docket
United States Court of Appeals for District of Columbia Circuit
Court of Appeals Docket #: 16-1075 Docketed: 02/26/2016

Ameren Services Company, et al v. FERC Termed: 01/26/2018
Appeal From: Federal Energy Regulatory Commission
Fee Status: Fee Paid
Case Type Information:

1) Petition for Review
2) Review
3)
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16-1075 Docket https://ecf.cadc.uscourts.gov/n/beam/servlet/TransportRoom
02/26/2016 PETITION FOR REVIEW CASE docketed. [16-1075] [Entered: 02/29/2016 03:57 PM]
02/26/2016 PETITION FOR REVIEW [1601382] filed by Ameren Illinois Company, Ameren Services Company, Ameren
84 pg, 5.48 MB Transmission Company of Illinois, ITC Midwest LLC, International Transmission Company, Michigan Electric
Transmission Company, LLC and Union Electric Company of a decision by federal agency [Service Date:
02/26/2016 ] Disclosure Statement: Attached; Certificate of Parties: Not Applicable to this Filing. [16-1075]
[Entered: 02/29/2016 03:58 PM]
02/29/2016 CERTIFIED COPY [1601387] of Petition for Review sent to respondent [1601382-2] [16-1075] [Entered:
1 pg, 38.9 KB 02/29/2016 03:59 PM]
02/29/2016 CLERK'S ORDER [1601389] filed directing party to file initial submissions: PETITIONER docketing
2 pg, 45.15 KB statement due 03/30/2016. PETITIONER certificate as to parties, etc. due 03/30/2016. PETITIONER
statement of issues due 03/30/2016. PETITIONER underlying decision due 03/30/2016. PETITIONER
deferred appendix statement due 03/30/2016. PETITIONER procedural motions due 03/30/2016.
PETITIONER dispositive motions due 04/14/2016; directing party to file initial submissions: RESPONDENT
entry of appearance due 03/30/2016. RESPONDENT procedural motions due 03/30/2016. RESPONDENT
certified index to record due 04/14/2016. RESPONDENT dispositive motions due 04/14/2016 [16-1075]
[Entered: 02/29/2016 04:01 PM]
03/28/2016 MOTION [1605930] filed by American Wind Energy Association for leave to intervene [Disclosure Listing:
8 pg, 131.46 KB Attached] [Service Date: 03/28/2016 ] [16-1075]--[Edited 03/30/2016 by LMF] (Grace, Eugene) [Entered:
03/28/2016 04:24 PM]
03/29/2016 ENTRY OF APPEARANCE [1605992] filed by Holly E. Cafer and co-counsel Robert H. Solomon on behalf
2 pg, 25.14 KB of Respondent FERC. [16-1075] (Cafer, Holly) [Entered: 03/29/2016 10:48 AM]
03/29/2016 CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1606138] filed by Ameren Illinois
7 pg, 93.06 KB Company, Ameren Services Company, Ameren Transmission Company of Illinois, ITC Midwest LLC,
International Transmission Company, Michigan Electric Transmission Company, LLC and Union Electric
Company [Service Date: 03/29/2016 ] [16-1075] (Jones, Christopher) [Entered: 03/29/2016 05:04 PM]
03/29/2016 DOCKETING STATEMENT [1606140] filed by Ameren Illinois Company, Ameren Services Company,
10 pg, 668.2 KB Ameren Transmission Company of Illinois, ITC Midwest LLC, International Transmission Company,
Michigan Electric Transmission Company, LLC and Union Electric Company [Service Date: 03/29/2016 ]
[16-1075] (Jones, Christopher) [Entered: 03/29/2016 05:10 PM]
03/29/2016 STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1606141] filed by Ameren Illinois
Company [Service Date: 03/29/2016 ] Intent: AppxDeferred [16-1075] (Jones, Christopher) [Entered:
03/29/2016 05:12 PM]
03/29/2016 STATEMENT OF ISSUES [1606142] filed by Ameren Illinois Company, Ameren Services Company, Ameren
9 pg, 142.11 KB Transmission Company of Illinois, ITC Midwest LLC, International Transmission Company, Michigan Electric
Transmission Company, LLC and Union Electric Company [Service Date: 03/29/2016 ] [16-1075] (Jones,
Christopher) [Entered: 03/29/2016 05:14 PM]
03/29/2016 UNDERLYING DECISION IN CASE [1606143] submitted by Ameren Illinois Company, Ameren Services
70 pg, 267.39 KB Company, Ameren Transmission Company of Illinois, ITC Midwest LLC, International Transmission
Company, Michigan Electric Transmission Company, LLC and Union Electric Company [Service Date:
03/29/2016 ] [16-1075] (Jones, Christopher) [Entered: 03/29/2016 05:15 PM]
03/30/2016 MOTION [1606384] filed by Ameren Illinois Company, Ameren Services Company, Ameren Transmission
6 pg, 93.36 KB Company of Illinois, ITC Midwest LLC, International Transmission Company, Michigan Electric Transmission
Company, LLC and Union Electric Company to hold case in abeyance (Response to Motion served by mail
due on 04/14/2016) [Service Date: 03/30/2016 by CM/ECF NDA] Pages: 1-10. [16-1075] (Jones,
04/07/2016 CLERK'S ORDER [1607712] filed granting motion to hold case in abeyance [1606384-2]. Case 16-1075
1 pg, 38.72 KB held in abeyance pending decision in proceedings at agency. Motions to govern future proceedings due 30
days from completion of agency proceedings; directing party to file abeyance status report due by
07/06/2016 [16-1075] [Entered: 04/07/2016 01:53 PM]
07/06/2016 JOINT REPORT [1623234] filed by Ameren Illinois Company, Ameren Services Company, Ameren
Transmission Company, LLC, Union Electric Company and FERC abeyance status : Awaiting decision of
agency. [Service Date: 07/06/2016 ] [16-1075] (Jones, Christopher) [Entered: 07/06/2016 11:19 AM]
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08/31/2016 CLERK'S ORDER [1633026] filed directing party to file motions to govern future proceedings by 09/30/2016
1 pg, 38.47 KB [16-1075] [Entered: 08/31/2016 11:50 AM]
09/30/2016 JOINT UNOPPOSED MOTION [1638642] filed to govern future proceedings filed by Ameren Illinois
International Transmission Company, Michigan Electric Transmission Company, LLC, Union Electric
Company and FERC [Service Date: 09/30/2016 ] Pages: 1-10. [16-1075] (Jones, Christopher) [Entered:
09/30/2016 01:49 PM]
09/30/2016 UNOPPOSED MOTION [1638756] filed to consolidate cases filed by Ameren Illinois Company, Ameren
6 pg, 100.75 KB Services Company, Ameren Transmission Company of Illinois, ITC Midwest LLC, International
Transmission Company, Michigan Electric Transmission Company, LLC and Union Electric Company
Pages: 1-10. [16-1075] (Jones, Christopher) [Entered: 09/30/2016 04:57 PM]
10/06/2016 CLERK'S ORDER [1639818] granting motion to consolidate [1638756-2] [1638757-2]. It is FURTHER
1 pg, 39.84 KB ORDERED that these consolidated cases be held in abeyance pending further order of the court. The
parties are directed to continue to file status reports at 90-day intervals, in accordance with the court’s order
filed April 7, 2016, in No. 16-1075, and to file motions to govern further proceedings in these consolidated
cases within 30 days of the completion of the agency proceedings. The next status report is due January 4,
2017. [16-1075, 16-1304] [Entered: 10/06/2016 04:47 PM]
11/01/2016 CLERK'S ORDER [1643916] filed consolidating cases 16-1373 (Consolidation started 11/01/2016) with
1 pg, 39.91 KB 16-1075. Directing party to file in 16-1373 initial submissions: PETITIONER docketing statement due
12/01/2016. PETITIONER statement of issues due 12/01/2016 [16-1075, 16-1304, 16-1373] [Entered:
11/01/2016 11:50 AM]
11/01/2016 CLERK'S ORDER [1644091] filed directing party to file motions to govern future proceedings by 12/01/2016
1 pg, 38.71 KB [16-1075, 16-1304, 16-1373] [Entered: 11/01/2016 03:50 PM]
11/23/2016 MODIFIED PARTY FILER--MOTION [1647567] filed for leave to intervene [Disclosure Listing: Attached]
7 pg, 52.38 KB filed by Midcontinent Independent System Operator, Inc. [Service Date: 11/23/2016 ] [16-1373]--[Edited
11/23/2016 by JJA] (Murphy, Erin) [Entered: 11/23/2016 12:46 PM]
11/29/2016 DOCKETING STATEMENT [1648325] filed by Ameren Illinois Company, Ameren Services Company,
Michigan Electric Transmission Company, LLC and Union Electric Company [Service Date: 11/29/2016 ]
[16-1373] (Jones, Christopher) [Entered: 11/29/2016 08:06 PM]
11/29/2016 STATEMENT OF ISSUES [1648326] filed by Ameren Illinois Company, Ameren Services Company, Ameren
Transmission Company, LLC and Union Electric Company [Service Date: 11/29/2016 ] [16-1373] (Jones,
12/01/2016 JOINT UNOPPOSED MOTION [1648770] filed to govern future proceedings and to remove case from
7 pg, 112.02 KB abeyance filed by American Wind Energy Association, Ameren Illinois Company, Ameren Services
Company, Ameren Transmission Company of Illinois, ITC Midwest LLC, International Transmission
Company, Michigan Electric Transmission Company, LLC, Union Electric Company and FERC in 16-1075,
American Wind Energy Association, Apex Clean Energy Management, LLC, E.ON Climate & Renewables
North America, LLC, EDF Renewable Energy, Inc., EDP Renewables North America LLC, Midcontinent
Independent System Operator, Inc., NextEra Energy Resources, LLC, Ameren Illinois Company, Ameren
Services Company, Ameren Transmission Company of Illinois, International Transmission Company,
Michigan Electric Transmission Company, LLC, Union Electric Company, lTC Midwest LLC and FERC in
16-1304, Midcontinent Independent System Operator, Inc., Ameren Illinois Company, Ameren Services
Company, Ameren Transmission Company of Illinois, ITC Midwest LLC, International Transmission
Company, Michigan Electric Transmission Company, LLC, Union Electric Company and FERC in 16-1373
[Service Date: 12/01/2016 ] Length Certification: 1,245 words. [16-1075, 16-1304, 16-1373]-[Edited
12/01/2016 by AH] (Jones, Christopher) [Entered: 12/01/2016 12:26 PM]
12/06/2016 CLERK'S ORDER [1649514] filed granting motion for leave to intervene [1605930-2] [1638268-2]
2 pg, 44.02 KB [1638183-2] [1638181-2] [1638180-2] [1638178-2] [1638176-2] [1637872-2] [1647567-2] in 16-1373
[16-1075, 16-1304, 16-1373] [Entered: 12/06/2016 11:01 AM]
12/07/2016 CERTIFIED INDEX TO RECORD [1649731] filed by FERC in 16-1075, 16-1304, 16-1373 [Service Date:
24 pg, 235.06 KB 12/07/2016 ] [16-1075, 16-1304, 16-1373] (Cafer, Holly) [Entered: 12/07/2016 11:18 AM]
12/07/2016 CLERK'S ORDER [1649792] filed granting motion to govern future proceedings, motion to remove case
3 pg, 87.9 KB from abeyance [1648770-3], setting briefing schedule: PETITIONER Brief due 01/06/2017. INTERVENOR
FOR PETITIONER Brief due 1/23/2017. RESPONDENT Brief due on 03/07/2017. INTERVENOR FOR
RESPONDENT Brief due 03/21/2017. PETITIONER & PETITIONER INTERVENOR Reply Briefs due
04/07/2017. DEFERRED APPENDIX due 04/14/2017. Final Briefs due 04/21/2017 [16-1075, 16-1304,
3 of 6 7/2/2018, 3:44 PM
16-1373] [Entered: 12/07/2016 02:32 PM]
12/08/2016 UNOPPOSED MOTION [1649981] filed to expedite oral argument filed by Ameren Illinois Company,
6 pg, 87.41 KB Ameren Services Company, Ameren Transmission Company of Illinois, ITC Midwest LLC, International
Transmission Company, Michigan Electric Transmission Company, LLC and Union Electric Company in
16-1075, Ameren Illinois Company, Ameren Services Company, Ameren Transmission Company of Illinois,
International Transmission Company, Michigan Electric Transmission Company, LLC, Union Electric
Company and lTC Midwest LLC in 16-1304, 16-1373 [Service Date: 12/08/2016 ] Length Certification: 892
words. [16-1075, 16-1304, 16-1373] (Jones, Christopher) [Entered: 12/08/2016 12:19 PM]
12/08/2016 CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITS [1650085] for motion to expedite oral
1 pg, 61.18 KB argument [1649981-2] filed by Ameren Illinois Company, Ameren Services Company, Ameren Transmission
Company of Illinois, ITC Midwest LLC, International Transmission Company, Michigan Electric Transmission
Company, LLC and Union Electric Company in 16-1075, Ameren Illinois Company, Ameren Services
Company, Ameren Transmission Company of Illinois, International Transmission Company, Michigan
Electric Transmission Company, LLC, Union Electric Company and lTC Midwest LLC in 16-1304, 16-1373.
[16-1075, 16-1304, 16-1373] (Jones, Christopher) [Entered: 12/08/2016 04:51 PM]
12/09/2016 CLERK'S ORDER [1650349] filed considering motion to expedite oral argument. It is ORDERED that the
1 pg, 39.65 KB Clerk calendar these cases on an appropriate date in the court’s fall calendar. The existing briefing schedule
will not permit the calendaring of these cases for argument in May. [1649981-2] [16-1075, 16-1304,
16-1373] [Entered: 12/09/2016 12:59 PM]
01/06/2017 PETITIONER BRIEF [1654625] filed by Ameren Illinois Company, Ameren Services Company, Ameren
Transmission Company, LLC and Union Electric Company in 16-1075, Ameren Illinois Company, Ameren
Michigan Electric Transmission Company, LLC, Union Electric Company and lTC Midwest LLC in 16-1304,
16-1373 [Service Date: 01/06/2017 ] Length of Brief: 12,948 words. [16-1075, 16-1304, 16-1373] (Jones,
01/18/2017 LETTER [1656453] sent to counsel concerning the use of uncommon acronyms and abbreviations in briefs.
1 pg, 51.81 KB [16-1075, 16-1304, 16-1373] [Entered: 01/18/2017 02:49 PM]
01/25/2017 LETTER [1657467] filed Filing corrected brief per the Clerk of the D.C. Circuit's January 18, 2017 Letter
3 pg, 88.42 KB filed by Ameren Illinois Company, Ameren Services Company, Ameren Transmission Company of Illinois,
ITC Midwest LLC, International Transmission Company, Michigan Electric Transmission Company, LLC and
Union Electric Company in 16-1075, Ameren Illinois Company, Ameren Services Company, Ameren
Transmission Company of Illinois, International Transmission Company, Michigan Electric Transmission
Company, LLC, Union Electric Company and lTC Midwest LLC in 16-1304, 16-1373 [Service Date:
01/25/2017 ] [16-1075, 16-1304, 16-1373] (Jones, Christopher) [Entered: 01/25/2017 05:11 PM]
01/25/2017 CORRECTED PETITIONER BRIEF [1657468] filed by Ameren Illinois Company, Ameren Services
Company, Michigan Electric Transmission Company, LLC and Union Electric Company in 16-1075, Ameren
Illinois Company, Ameren Services Company, Ameren Transmission Company of Illinois, International
Transmission Company, Michigan Electric Transmission Company, LLC, Union Electric Company and lTC
Midwest LLC in 16-1304, 16-1373 [Service Date: 01/25/2017 ] Length of Brief: 12,990 words. [16-1075,
16-1304, 16-1373] (Jones, Christopher) [Entered: 01/25/2017 05:17 PM]
03/07/2017 RESPONDENT BRIEF [1664851] filed by FERC in 16-1075, 16-1304, 16-1373 [Service Date: 03/07/2017 ]
66 pg, 860.09 KB Length of Brief: 9,479 words. [16-1075, 16-1304, 16-1373] (Cafer, Holly) [Entered: 03/07/2017 04:48 PM]
03/21/2017 INTERVENOR FOR RESPONDENT BRIEF [1667159] filed by American Wind Energy Association, Apex
42 pg, 161.13 KB Clean Energy Management, LLC, E.ON Climate & Renewables North America, LLC, EDF Renewable
Energy, Inc., EDP Renewables North America LLC and NextEra Energy Resources, LLC [Service Date:
03/21/2017 ] Length of Brief: 5,691 words. [16-1075, 16-1304, 16-1373] (Grabow, Bruce) [Entered:
03/21/2017 05:34 PM]
04/07/2017 PETITIONER REPLY BRIEF [1670221] filed by Ameren Illinois Company, Ameren Services Company,
Michigan Electric Transmission Company, LLC and Union Electric Company in 16-1075, Ameren Illinois
Company, Ameren Services Company, Ameren Transmission Company of Illinois, International
Midwest LLC in 16-1304, 16-1373 [Service Date: 04/07/2017 ] Length of Brief: 6490. [16-1075, 16-1304,
16-1373] (Jones, Christopher) [Entered: 04/07/2017 07:07 PM]
04/14/2017 JOINT APPENDIX [1671177] filed by Ameren Illinois Company, Ameren Services Company, Ameren
304 pg, 29.85 MB Transmission Company of Illinois, ITC Midwest LLC, International Transmission Company, Michigan Electric
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Transmission Company, LLC and Union Electric Company in 16-1075, Ameren Illinois Company, Ameren
Michigan Electric Transmission Company, LLC, Union Electric Company and lTC Midwest LLC in 16-1304,
16-1373. [Volumes: 1] [Service Date: 04/14/2017 ] [16-1075, 16-1304, 16-1373] (Jones, Christopher)
[Entered: 04/14/2017 02:34 PM]
04/21/2017 RESPONDENT FINAL BRIEF [1672076] filed by FERC in 16-1075, 16-1304, 16-1373 [Service Date:
66 pg, 863.86 KB 04/21/2017 ] Length of Brief: 9,486 words. [16-1075, 16-1304, 16-1373] (Cafer, Holly) [Entered: 04/21/2017
11:14 AM]
04/21/2017 INTERVENOR FOR RESPONDENT FINAL BRIEF [1672078] filed by American Wind Energy Association,
42 pg, 162.92 KB Apex Clean Energy Management, LLC, E.ON Climate & Renewables North America, LLC, EDF Renewable
Energy, Inc., EDP Renewables North America LLC and NextEra Energy Resources, LLC [Service Date:
04/21/2017 ] Length of Brief: 5,697 words. [16-1075, 16-1304, 16-1373] (Grabow, Bruce) [Entered:
04/21/2017 11:17 AM]
04/21/2017 PETITIONER FINAL BRIEF [1672210] filed by Ameren Illinois Company, Ameren Services Company,
Michigan Electric Transmission Company, LLC and Union Electric Company in 16-1075, Ameren Illinois
Company, Ameren Services Company, Ameren Transmission Company of Illinois, International
04/21/2017 PETITIONER FINAL REPLY BRIEF [1672211] filed by Ameren Illinois Company, Ameren Services
Company, Michigan Electric Transmission Company, LLC and Union Electric Company in 16-1075, Ameren
Illinois Company, Ameren Services Company, Ameren Transmission Company of Illinois, International
06/12/2017 CLERK'S ORDER [1679267] filed scheduling oral argument on Monday, 09/18/2017. [16-1075, 16-1304,
1 pg, 42.01 KB 16-1373] [Entered: 06/12/2017 03:56 PM]
07/31/2017 CLERK'S ORDER [1686605] filed rescheduling oral argument. Cases now scheduled on Friday,
1 pg, 40.68 KB 09/22/2017. [16-1075, 16-1304, 16-1373] [Entered: 07/31/2017 02:50 PM]
09/08/2017 PER CURIAM ORDER [1692026] filed allocating oral argument time as follows: Petitioners - 15 Minutes,
1 pg, 42.31 KB Respondent - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing
attorney by 09/15/2017 [16-1075, 16-1304, 16-1373] [Entered: 09/08/2017 10:43 AM]
09/11/2017 FORM 72 submitted by arguing attorney, Christopher R. Jones, on behalf of Petitioners Ameren Illinois
Company, Ameren Services Company, Ameren Transmission Company of Illinois, ITC Midwest LLC,
Company in 16-1075, Petitioners Ameren Illinois Company, Ameren Services Company, Ameren
Transmission Company of Illinois, International Transmission Company, Michigan Electric Transmission
Company, LLC, Union Electric Company and lTC Midwest LLC in 16-1304, 16-1373 (For Internal Use Only:
Form is restricted to protect counsel's personal contact information). [16-1075, 16-1304, 16-1373] (Jones,
09/13/2017 FORM 72 submitted by arguing attorney, Holly E. Cafer, on behalf of Respondent FERC in 16-1075,
16-1304, 16-1373 (For Internal Use Only: Form is restricted to protect counsel's personal contact
information). [16-1075, 16-1304, 16-1373] (Cafer, Holly) [Entered: 09/13/2017 02:36 PM]
09/22/2017 ORAL ARGUMENT HELD before Judges Rogers, Tatel and Silberman. [16-1075,16-1304,16-1373]
1 pg, 40.15 KB [Entered: 09/22/2017 11:04 AM]
01/26/2018 PER CURIAM JUDGMENT [1714822] filed that the FERC orders be vacated and the case be remanded for
1 pg, 54.93 KB further proceedings, for the reasons in the accompanying opinion . Before Judges: Rogers, Tatel, and
Silberman. [16-1075, 16-1304, 16-1373] [Entered: 01/26/2018 09:57 AM]
01/26/2018 OPINION [1714823] filed (Pages: 27) for the Court by Judge Silberman, DISSENTING OPINION (Pages:
47 pg, 228.27 KB 20) by Judge Rogers. [16-1075, 16-1304, 16-1373] [Entered: 01/26/2018 10:01 AM]
01/26/2018 CLERK'S ORDER [1714824] filed withholding issuance of the mandate. [16-1075, 16-1304, 16-1373]
1 pg, 40.4 KB [Entered: 01/26/2018 10:02 AM]
03/22/2018 MANDATE ISSUED to Federal Energy Regulatory Commission. [16-1075, 16-1304, 16-1373] [Entered:
1 pg, 40.04 KB 03/22/2018 10:37 AM]
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