Entergy Texas, Inc. v. Nelson, No. 17-50042 (5th Cir. 2018)Annotate this Case
At issue in this appeal was whether a certain Public Utility Commission of Texas (PUCT) order conflicted with a prior Federal Energy Regulatory Commission (FERC) order. The Fifth Circuit reversed the district court's order and rendered judgment in favor of PUCT and TIEC, holding that PUCT's order was not in conflict with any FERC order. The court held that FERC's orders requiring the Entergy compliance filing did not call for a retroactive reallocation of 2007 Bandwidth Payments; Entergy's compliance filing did not contain a retroactive reallocation that FERC approved in the 2015 FERC Order; the 2015 FERC Order did not retroactively reallocate 2007 Bandwidth Payments; and PUCT's Order was consistent with the 2015 FERC Order.