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Supreme Court strengthens Mobile-Sierra doctrine
  • Jones Day
  • USA
  • January 25 2010

On January 13, 2010, the United States Supreme Court, by a majority of 8 to 1 (Justice Stevens dissenting), issued its decision in NRG Power Marketing, LLC. v. Maine Public Utilities Commission, No. 08-674 (Oct. Term 2009), in which it ruled that the "public-interest" standard of the Mobile-Sierra doctrine, which applies to wholesale power contracts subject to the jurisdiction of the Federal Energy Regulatory Commission under section 205 of the Federal Power Act, 16 U.S.C. 824d, binds not only signatories to such contracts but non-signatories as well.