new
orleans
pub
new
orleans
argued
april
decided
june
federal
energy
regulatory
commission
ferc
allocated
cost
grand
gulf
nuclear
reactor
among
several
jointly
owned
companies
including
petitioner
new
orleans
public
service
nopsi
agreed
finance
reactor
construction
operation
nopsi
provides
retail
electrical
service
new
orleans
sought
respondent
new
orleans
city
council
council
local
ratemaking
body
rate
increase
cover
increase
wholesale
rates
resulting
ferc
allocation
grand
gulf
costs
although
deferring
ferc
implicit
finding
nopsi
decision
participate
grand
gulf
venture
reasonable
council
determined
costs
incurred
thereby
completely
reimbursed
rate
increase
nopsi
management
negligent
failing
risks
nuclear
power
became
apparent
diversify
supply
portfolio
selling
portion
grand
gulf
power
nopsi
filed
petition
state
review
council
final
rate
order
parallel
federal
proceedings
district
nopsi
sought
declaratory
injunctive
relief
ground
council
order
federal
law
nantahala
power
light
thornburg
held
purpose
setting
intrastate
retail
rates
state
may
differ
ferc
allocations
wholesale
power
imposing
judgment
reasonable
district
concluded
abstain
deciding
suit
burford
sun
oil
younger
harris
appeals
affirmed
held
district
erred
abstaining
exercising
jurisdiction
pp
burford
abstention
doctrine
federal
equity
courts
must
decline
interfere
complex
state
regulatory
schemes
cases
involving
difficult
questions
bearing
policy
problems
substantial
public
import
efforts
establish
coherent
state
policy
regarding
matter
substantial
public
concern
applicable
case
involve
claim
even
assertion
nopsi
federal
claims
way
entangled
skein
state
law
must
unraveled
federal
case
proceed
nopsi
facial
claim
may
resolved
without
venturing
beyond
four
corners
council
rate
order
federal
adjudication
claim
unduly
intrude
state
governmental
process
undermine
state
ability
maintain
desired
uniformity
treatment
essentially
local
problems
although
nopsi
alternative
claim
rate
order
nominal
emphasis
nopsi
failure
diversify
power
supply
merely
cover
determination
original
grand
gulf
investment
unwise
resolved
face
order
resolution
claim
demand
significant
familiarity
disrupt
state
resolution
distinctively
local
facts
policies
since
wholesale
electricity
bought
sold
within
predominantly
local
market
pp
abstention
appropriate
younger
held
absent
extraordinary
circumstances
traditional
equity
concerns
principles
comity
require
federal
courts
refrain
enjoining
pending
state
criminal
prosecutions
expanded
younger
abstention
beyond
criminal
proceedings
even
beyond
proceedings
courts
never
proceedings
judicial
nature
council
proceedings
issue
judicial
nature
since
ratemaking
establishes
rule
future
essentially
legislative
act
see
prentis
atlantic
coast
line
proceedings
case
considered
unitary
legislative
process
virtue
ongoing
review
proceedings
contention
louisiana
courts
review
involves
anything
judicial
act
declaration
nopsi
rights
council
present
past
facts
existing
law
nopsi
claim
therefore
ripe
federal
review
council
completed
legislative
action
entering
final
order
pp
scalia
delivered
opinion
brennan
white
marshall
stevens
kennedy
joined
parts
rehnquist
joined
brennan
filed
concurring
opinion
marshall
joined
post
rehnquist
filed
opinion
concurring
part
concurring
judgment
post
blackmun
filed
opinion
concurring
judgment
post
rex
lee
argued
cause
petitioner
briefs
david
carpenter
thomas
lind
herschel
abbott
david
radlauer
edward
bergin
richard
lazarus
argued
cause
et
al
amici
curiae
urging
reversal
brief
acting
solicitor
general
bryson
deputy
solicitor
general
shapiro
catherine
cook
jerome
feit
robert
solomon
clinton
vince
argued
cause
respondents
brief
bernhardt
wruble
nancy
wodka
okla
jones
ii
briefs
amici
curiae
urging
affirmance
filed
national
association
regulatory
utility
commissioners
william
paul
rodgers
national
league
cities
et
al
benna
ruth
solomon
charles
rothfeld
pennsylvania
public
utility
commission
lawrence
barth
john
povilaitis
justice
scalia
delivered
opinion
nantahala
power
light
thornburg
held
purposes
setting
intrastate
retail
rates
state
may
differ
federal
energy
regulatory
commission
allocations
wholesale
power
imposing
judgment
reasonable
last
term
mississippi
power
light
mississippi
ex
rel
moore
held
ferc
allocation
cost
grand
gulf
nuclear
reactor
among
operating
companies
jointly
agreed
finance
construction
operation
mississippi
inquiry
prudence
utility
retailer
decision
participate
joint
venture
today
confront
legal
issue
arising
question
must
pay
grand
gulf
state
ratemaking
authority
deferred
ferc
implicit
finding
new
orleans
public
service
decision
participate
grand
gulf
venture
reasonable
determined
costs
incurred
thereby
completely
reimbursed
asserted
utility
management
negligent
failing
later
diversify
supply
portfolio
selling
portion
grand
gulf
power
whether
state
decision
provide
less
full
reimbursement
wholesale
costs
conflicts
holdings
nantahala
mississippi
power
light
issue
case
rather
address
threshold
question
whether
district
utility
petitioned
declaratory
injunctive
relief
state
ratemaking
authority
order
properly
abstained
exercising
jurisdiction
deference
state
review
process
abstention
questions
stake
little
intricacies
factual
procedural
history
underlying
controversy
may
sketch
background
case
brief
petitioner
new
orleans
public
service
nopsi
producer
wholesaler
retailer
electricity
provides
retail
electrical
service
city
new
orleans
one
four
wholly
owned
operating
subsidiaries
middle
south
utilities
middle
south
operates
integrated
power
pool
four
operating
companies
transmits
produced
electricity
central
dispatch
center
draws
back
dispatch
center
power
needs
meet
customer
demand
nopsi
fellow
operating
companies
entered
contract
middle
south
energy
mse
another
wholly
owned
middle
south
subsidiary
whereby
operating
companies
agreed
finance
mse
construction
operation
two
megawatt
nuclear
reactors
grand
gulf
return
right
reactors
electrical
output
estimated
cost
completing
two
reactors
billion
late
consumer
demand
turned
far
lower
expected
regulatory
delays
enhanced
construction
requirements
high
inflation
led
spiraling
costs
result
construction
grand
gulf
suspended
cost
completing
grand
gulf
alone
eventually
exceeded
billion
surprisingly
cost
electricity
produced
reactor
greatly
exceeded
power
generated
middle
south
conventional
facilities
acting
pursuant
exclusive
regulatory
authority
interstate
wholesale
power
transactions
stat
amended
et
ferc
conducted
extensive
proceedings
determine
reasonable
rates
grand
gulf
power
prescribe
reasonable
nondiscriminatory
allocation
grand
gulf
costs
output
june
commission
issued
final
order
middle
south
energy
ferc
rehearing
denied
ferc
aff
sub
nom
mississippi
industries
ferc
app
rehearing
granted
vacated
part
app
cert
denied
concluded
planned
nuclear
reactors
designed
meet
overall
system
needs
objectives
ferc
middle
south
subsidiaries
pay
grand
gulf
project
roughly
proportion
company
share
system
demand
commission
allocated
percent
grand
gulf
costs
approximately
million
per
month
nopsi
rejecting
middle
south
proposal
percent
well
percent
figure
favored
respondent
new
orleans
city
council
although
expressly
discuss
prudence
constructing
grand
gulf
bringing
line
ferc
implicitly
accepted
uncontroverted
testimony
middle
south
executives
explained
believed
decisions
construct
complete
grand
gulf
sound
approved
finding
continuing
construction
grand
gulf
unit
prudent
middle
south
executives
believed
grand
gulf
enable
middle
south
system
diversify
base
load
fuel
mix
projected
time
produce
power
total
cost
capacity
energy
less
existing
alternatives
system
mississippi
power
light
mississippi
ex
rel
moore
quoting
middle
south
energy
ferc
pp
district
granted
council
motion
dismiss
holding
pursuant
johnson
act
jurisdiction
entertain
action
even
jurisdiction
compelled
burford
sun
oil
abstain
appeal
fifth
circuit
initially
reversed
grounds
later
motion
vacated
earlier
opinion
part
held
abstention
proper
burford
younger
harris
new
orleans
pub
new
orleans
modified
cert
denied
nopsi
resolution
october
nopsi
still
pending
fifth
circuit
council
initiated
investigation
prudence
nopsi
involvement
grand
gulf
resolution
stated
council
intention
examine
aspects
nopsi
relationship
grand
gulf
including
nopsi
efforts
minimize
total
cost
exposure
purchase
grand
gulf
impact
power
supply
opportunities
purpose
determining
portion
nopsi
grand
gulf
expense
shall
assumed
nopsi
shareholders
app
resolution
specifically
provided
however
setting
appropriate
retail
rate
council
seek
invalidate
agreements
surrounding
grand
gulf
order
nopsi
pay
mse
rate
approved
ferc
november
nopsi
filed
second
suit
district
eastern
district
louisiana
seeking
preclude
council
requiring
nopsi
shareholders
absorb
nopsi
share
grand
gulf
costs
district
dismissed
suit
unripe
held
alternative
abstention
appropriate
appeal
fifth
circuit
affirmed
judgment
ripeness
grounds
new
orleans
pub
council
new
orleans
council
completed
prudence
review
february
immediately
entered
final
order
disallowing
million
grand
gulf
costs
order
based
council
determinations
nopsi
oversight
review
grand
gulf
obligation
uncritical
severely
deficient
app
nopsi
acted
imprudently
failing
reduce
risk
grand
gulf
commitment
wake
three
mile
island
nuclear
incident
march
selling
part
share
upon
receipt
council
decree
nopsi
turned
district
eastern
district
louisiana
seeking
declaratory
injunctive
relief
ground
light
recent
decision
nantahala
power
light
thornburg
council
rate
order
federal
law
although
district
expressed
considerable
doubt
merits
council
position
question
concluded
notwithstanding
nantahala
still
abstain
deciding
suit
anticipating
district
might
abstain
nopsi
filed
petition
review
council
order
civil
district
parish
orleans
louisiana
filed
nopsi
petition
raised
claims
federal
due
process
takings
claims
nopsi
informed
state
letter
amend
raise
federal
claim
federal
dismissed
complaint
happened
parallel
federal
proceedings
fifth
circuit
affirmed
district
dismissal
agreeing
case
effectively
controlled
nopsi
burford
younger
abstention
applied
granted
certiorari
ii
proceeding
merits
abstention
issues
bears
emphasis
council
dispute
district
jurisdiction
decide
nopsi
claim
cases
long
supported
proposition
federal
courts
lack
authority
abstain
exercise
jurisdiction
conferred
example
right
decline
exercise
jurisdiction
given
usurp
given
one
treason
constitution
cohens
virginia
wheat
courts
bound
proceed
judgment
afford
redress
suitors
every
case
jurisdiction
extends
abdicate
authority
duty
case
favor
another
jurisdiction
chicot
county
sherwood
citations
omitted
federal
properly
appealed
case
law
jurisdiction
duty
take
jurisdiction
right
party
plaintiff
choose
federal
choice
properly
denied
willcox
consolidated
gas
citations
omitted
underlying
assertions
undisputed
constitutional
principle
congress
judiciary
defines
scope
federal
jurisdiction
within
constitutionally
permissible
bounds
kline
burke
construction
principle
eliminate
however
categorical
assertions
based
upon
call
question
federal
courts
discretion
determining
whether
grant
certain
types
relief
discretion
part
background
statutes
conferring
jurisdiction
enacted
see
shapiro
jurisdiction
discretion
rev
thus
classes
cases
withholding
authorized
equitable
relief
undue
interference
state
proceedings
normal
thing
younger
harris
carefully
defined
however
areas
abstention
permissible
remains
exception
rule
hawaii
housing
authority
midkiff
quoting
colorado
river
water
conservation
dist
recently
last
term
described
federal
courts
obligation
adjudicate
claims
within
jurisdiction
virtually
unflagging
deakins
monaghan
citation
omitted
principles
mind
address
question
whether
district
relying
burford
sun
oil
younger
harris
supra
properly
declined
exercise
jurisdiction
present
case
acknowledge
various
types
abstention
rigid
pigeonholes
federal
courts
must
try
fit
cases
pennzoil
texaco
policy
considerations
supporting
burford
younger
sufficiently
distinct
justify
independent
analyses
burford
sun
oil
supra
federal
district
sitting
equity
confronted
fourteenth
amendment
challenge
reasonableness
texas
railroad
commission
grant
oil
drilling
permit
constitutional
challenge
minimal
federal
importance
involving
solely
question
whether
commission
properly
applied
texas
complex
oil
gas
conservation
regulations
intricacy
importance
regulatory
scheme
texas
created
centralized
system
judicial
review
commission
orders
permit
ted
state
courts
like
railroad
commission
acquire
specialized
knowledge
regulations
industry
found
state
courts
review
commission
decisions
expeditious
adequate
exercise
equitable
jurisdiction
comparatively
unsophisticated
federal
district
courts
alongside
review
repeatedly
led
elay
misunderstanding
local
law
needless
federal
conflict
state
policy
concluded
sound
respect
independence
state
action
requir
ed
federal
equity
stay
hand
applied
principles
alabama
pub
serv
southern
railroad
sought
enjoin
enforcement
order
alabama
public
service
commission
refusing
permission
discontinue
unprofitable
rail
lines
according
railroad
requiring
continued
operation
lines
amounted
confiscation
property
violation
federal
due
process
rights
alabama
law
party
dissatisfied
final
order
public
service
commission
absolute
right
appeal
circuit
montgomery
county
empowered
set
aside
commission
order
found
contrary
substantial
weight
evidence
erroneous
matter
law
right
statutory
appeal
concentrated
one
circuit
exercised
supervisory
powers
found
integral
part
regulatory
process
alabama
code
ibid
taking
account
unified
nature
state
regulatory
process
emphasizing
adequate
state
review
administrative
order
available
success
railroad
constitutional
challenge
depended
upon
predominantly
local
factor
public
need
service
rendered
held
district
abstained
exercising
jurisdiction
cases
others
relied
distilled
principle
commonly
referred
burford
doctrine
timely
adequate
review
available
federal
sitting
equity
must
decline
interfere
proceedings
orders
state
administrative
agencies
difficult
questions
state
law
bearing
policy
problems
substantial
public
import
whose
importance
transcends
result
case
bar
exercise
federal
review
question
case
similar
cases
disruptive
state
efforts
establish
coherent
policy
respect
matter
substantial
public
concern
colorado
river
water
conservation
dist
supra
present
case
involve
claim
even
assertion
federal
claims
way
entangled
skein
state
law
must
untangled
federal
case
proceed
mcneese
board
education
community
unit
school
dist
cahokia
fifth
circuit
acknowledged
much
nopsi
found
absence
state
law
claim
fatal
thought
motivating
force
behind
burford
abstention
reluctance
intrude
state
proceedings
exists
complex
state
regulatory
system
finding
case
involved
complex
regulatory
scheme
paramount
local
concern
matter
demands
local
administrative
expertise
held
district
appropriately
applied
burford
burford
concerned
protecting
complex
state
administrative
processes
undue
federal
interference
require
abstention
whenever
exists
process
even
cases
potential
conflict
state
regulatory
law
policy
colorado
river
water
conservation
nopsi
primary
claim
council
prohibited
federal
law
refusing
provide
reimbursement
wholesale
costs
unlike
claim
state
agency
misapplied
lawful
authority
failed
take
consideration
properly
weigh
relevant
factors
federal
adjudication
sort
claim
disrupt
state
attempt
ensure
uniformity
treatment
essentially
local
problem
alabama
pub
serv
supra
burford
abstention
justified
circumstances
strongly
suggested
decision
public
util
ohio
fuel
gas
decided
four
months
prior
burford
district
enjoined
federal
grounds
state
attempt
fix
interstate
gas
rates
determining
state
order
impinged
authority
congress
vested
solely
federal
power
commission
addressed
state
contention
district
nonetheless
abused
discretion
granting
injunctive
relief
perhaps
unnecessary
late
date
repeat
admonition
federal
courts
wary
interrupting
proceedings
state
administrative
tribunals
use
extraordinary
writ
injunction
rule
equity
applied
blind
disregard
fact
commanding
circumstances
present
case
first
important
orders
state
commission
face
plainly
invalid
inquiry
beyond
orders
undisputed
facts
underlie
necessary
order
discover
conflict
federal
act
emphasis
added
true
initial
complaint
nopsi
asserted
alternative
facial
challenge
rate
order
nominal
emphasis
nopsi
failure
diversify
power
supply
selling
portion
grand
gulf
allocation
merely
cover
determination
original
grand
gulf
investment
unwise
unlike
facial
challenge
claim
resolved
face
rate
order
hinges
largely
plausibility
council
finding
nopsi
diversified
supply
portfolio
thereby
lowered
average
wholesale
costs
see
supra
analysis
pretext
claim
requires
inquiry
industry
practice
wholesale
rates
power
availability
relevant
time
period
endeavor
demands
level
expertise
since
facts
case
amply
demonstrate
wholesale
electricity
bought
sold
within
predominantly
local
market
demand
significant
familiarity
disrupt
state
resolution
distinctively
local
regulatory
facts
policies
principles
underlying
burford
therefore
implicated
younger
harris
involved
facial
first
challenge
california
criminal
syndicalism
act
held
absent
extraordinary
circumstances
federal
courts
enjoin
pending
state
criminal
prosecutions
holding
based
partly
traditional
principles
equity
rested
primarily
even
vital
consideration
comity
explained
includes
proper
respect
state
functions
recognition
fact
entire
country
made
union
separate
state
governments
continuance
belief
national
government
fare
best
institutions
left
free
perform
separate
functions
separate
ways
ibid
proceeding
issue
criminal
prosecution
one
issues
present
case
whether
principle
younger
properly
extended
type
suit
nopsi
argues
issue
reached
however
several
reasons
first
nopsi
argues
younger
require
abstention
face
substantial
claim
challenged
state
action
completely
federal
law
claim
nopsi
contends
calls
question
prerequisite
younger
abstention
state
legitimate
substantial
interest
pending
proceedings
middlesex
county
ethics
comm
garden
state
bar
thus
contends
district
presented
request
equitable
relief
take
quick
look
merits
upon
look
claim
appears
substantial
endeavor
resolve
disagree
greater
federal
interest
enforcing
supremacy
federal
statutes
enforcing
supremacy
explicit
constitutional
guarantees
constitutional
challenges
state
action
less
challenges
call
question
legitimacy
state
interest
proceedings
reviewing
enforcing
action
yet
clear
mere
assertion
substantial
constitutional
challenge
state
action
alone
compel
exercise
federal
jurisdiction
see
younger
inquire
substantiality
state
interest
proceedings
look
narrowly
interest
outcome
particular
case
arguably
offset
substantial
federal
interest
opposite
outcome
rather
look
importance
generic
proceedings
state
younger
example
consult
california
interest
prohibiting
john
harris
distributing
handbills
rather
interest
carrying
important
necessary
task
enforcing
criminal
laws
similarly
ohio
civil
rights
dayton
christian
schools
looked
ohio
specific
concern
dayton
christian
schools
firing
linda
hoskinson
general
interest
preventing
employers
engaging
sex
discrimination
challenges
merit
similar
focus
appropriate
question
whether
louisiana
substantial
legitimate
interest
reducing
nopsi
retail
rate
necessary
recover
wholesale
costs
whether
substantial
legitimate
interest
regulating
intrastate
retail
rates
clearly
regulation
utilities
one
important
functions
traditionally
associated
police
power
arkansas
electric
cooperative
arkansas
pub
serv
accord
pacific
gas
electric
state
energy
resources
conservation
development
central
hudson
gas
electric
public
serv
new
york
nopsi
attempts
avoid
conclusion
stressing
challenges
result
council
deliberations
right
council
conduct
deliberations
argument
assumes
course
enjoining
louisiana
state
courts
equated
enjoining
council
proceedings
point
shall
address
due
course
simply
true
reference
council
deliberations
generic
nopsi
deny
state
interest
affirmatively
protected
federal
law
conducting
proceedings
set
intrastate
retail
electricity
rates
rather
contends
particular
facts
present
case
wholesale
costs
proper
subject
proceedings
different
contention
younger
defendant
violation
particular
allegedly
unconstitutional
state
statute
proper
subject
prosecution
words
argument
nopsi
ultimately
reduces
insistence
upon
narrow
analytical
focus
nopsi
second
argument
effect
abstention
improper
even
assuming
state
proceedings
sort
younger
applies
rests
upon
principle
abstention
appropriate
federal
plaintiff
suffer
irreparable
injury
absent
equitable
relief
younger
see
also
irreparable
injury
may
possibly
established
younger
suggested
showing
challenged
state
statute
flagrantly
patently
violative
express
constitutional
prohibitions
quoting
watson
buck
relying
public
util
ohio
fuel
gas
upheld
order
district
enjoining
state
public
utilities
commission
attempting
directly
regulate
interstate
gas
prices
actions
face
plainly
invalid
emphasis
added
nopsi
asserts
younger
posited
exception
state
statutes
flagrantly
patently
violative
express
constitutional
prohibitions
apply
equally
state
proceedings
orders
flagrantly
patently
violative
federal
unlawful
violates
express
constitutional
prescription
supremacy
clause
thus
nopsi
argues
even
substantial
claim
federal
sufficient
render
abstention
inappropriate
least
facially
conclusive
claim
perhaps
decide
matter
since
proceeding
order
issue
meet
description
council
sought
directly
regulate
interstate
wholesale
rates
questioned
validity
allocation
power
within
grand
gulf
system
wholesale
rates
reexamined
prudence
nopsi
agreement
participate
grand
gulf
first
place
rather
council
maintains
examined
prudence
nopsi
failure
risks
nuclear
power
became
apparent
diversify
supply
portfolio
finding
failure
negligent
taken
normal
ratemaking
step
making
nopsi
shareholders
rather
ratepayers
bear
consequences
nothing
directly
even
indirectly
foreclosed
federal
statute
regulations
implementing
case
law
applying
may
well
reason
doubt
council
necessary
factual
finding
nopsi
saved
money
diversified
see
supra
conclusively
say
wrong
without
factual
inquiry
requires
factual
inquiry
hardly
deemed
flagrantly
unlawful
purposes
threshold
abstention
determination
conclude
therefore
nopsi
challenge
must
stand
fall
upon
answer
question
whether
louisiana
action
type
proceeding
younger
applies
viewed
isolation
plainly
although
concern
comity
federalism
led
us
expand
protection
younger
beyond
state
criminal
prosecutions
civil
enforcement
proceedings
huffman
pursue
trainor
hernandez
moore
sims
even
civil
proceedings
involving
certain
orders
uniquely
furtherance
state
courts
ability
perform
judicial
functions
see
juidice
vail
civil
contempt
order
pennzoil
texaco
requirement
posting
bond
pending
appeal
never
suggested
younger
requires
abstention
deference
state
judicial
proceeding
reviewing
legislative
executive
action
broad
abstention
requirement
make
mockery
rule
exceptional
circumstances
justify
federal
refusal
decide
case
deference
colorado
river
water
conservation
dist
moses
cone
memorial
hospital
mercury
construction
cf
moore
sims
supra
remotely
suggest
every
pending
proceeding
state
federal
plaintiff
justifies
abstention
unless
one
exceptions
younger
applies
citation
omitted
asserting
younger
applicable
however
respondents
focus
upon
louisiana
action
isolation
upon
action
mere
continuation
council
proceeding
contention
council
ratemaking
prudence
inquiry
even
though
complete
constitutes
ongoing
proceeding
subject
state
judicial
review
brief
respondents
proper
question
contend
whether
council
proceeding
qualified
younger
treatment
proceeding
complete
judicial
review
concluded
respondents
argue
analogy
treatment
proceedings
younger
purposes
uninterruptible
whole
proceeding
younger
applies
state
trial
entered
judgment
losing
party
course
pursue
equitable
remedies
federal
district
concurrently
challenging
trial
judgment
appeal
younger
purposes
state
process
treated
unitary
system
federal
disrupt
integrity
intervening
midprocess
demonstrate
lack
respect
state
sovereign
reason
party
may
procure
federal
intervention
terminating
state
judicial
process
prematurely
forgoing
state
appeal
attack
trial
judgment
federal
necessary
concomitant
younger
party
wishing
contest
federal
judgment
state
judicial
tribunal
must
exhaust
state
appellate
remedies
seeking
relief
district
huffman
pursue
supra
respondents
urge
principles
apply
equally
initial
adjudicatory
tribunal
agency
litigation
agency
courts
viewed
unitary
process
disrupted
federal
intervention
permitted
conclusion
administrative
stage
assume
without
deciding
correct
respondents
case
abstention
still
requires
however
council
proceeding
sort
proceeding
entitled
younger
treatment
think
expanded
younger
beyond
criminal
proceedings
even
beyond
proceedings
courts
never
extended
proceedings
judicial
nature
see
middlesex
county
ethics
comm
garden
state
bar
clear
beyond
doubt
new
jersey
considers
bar
disciplinary
proceedings
judicial
nature
proceedings
character
warrant
deference
see
also
ohio
civil
rights
dayton
christian
schools
found
administrative
proceedings
middlesex
judicial
nature
outset
essential
decision
progressed
review
time
heard
federal
injunction
case
council
proceedings
present
case
judicial
nature
prentis
atlantic
coast
line
several
railroads
requested
federal
circuit
enjoin
virginia
state
corporation
commission
publishing
taking
steps
enforce
certain
order
fixing
passenger
rates
ground
proposed
rates
confiscatory
decide
whether
federal
liberty
issue
requested
injunction
examined
first
nature
challenged
agency
action
virginia
law
commission
invested
legislative
judicial
powers
assumed
without
deciding
proceeding
railroad
enforce
rate
order
punish
railroad
breach
sitting
protected
interference
part
courts
upon
analysis
found
proceedings
case
hand
legislative
justice
holmes
writing
explained
follows
judicial
inquiry
investigates
declares
enforces
liabilities
stand
present
past
facts
laws
supposed
already
exist
purpose
end
legislation
hand
looks
future
changes
existing
conditions
making
new
rule
applied
thereafter
part
subject
power
establishment
rate
making
rule
future
therefore
act
legislative
judicial
kind
ibid
proper
characterization
agency
actions
depends
upon
character
body
upon
character
proceedings
matter
inquiries
may
made
preliminary
legislative
act
legislation
preceded
hearings
investigations
effect
inquiry
decision
upon
determined
nature
act
inquiry
decision
lead
nature
final
act
determines
nature
previous
inquiry
judge
bound
declare
law
must
know
discover
facts
establish
law
final
act
legislative
decision
induces
judicial
practical
sense
although
questions
considered
might
arise
trial
case
citations
omitted
characterization
however
end
inquiry
prentis
found
challenged
agency
proceeding
legislative
character
nonetheless
held
equitable
intervention
inappropriate
determined
attack
rate
order
premature
although
made
clear
challenging
rates
bound
wait
proceedings
brought
enforce
rate
punish
departing
virginia
provided
legislative
review
commission
rates
appeal
state
courts
concluded
challengers
make
sure
state
final
legislative
action
respect
think
rights
resorting
courts
concerned
words
preserve
integrity
unitary
legislative
process
huffman
pursue
preserve
integrity
judicial
proceedings
similarly
present
case
louisiana
courts
review
council
ratemaking
legislative
nature
nopsi
challenge
council
order
dismissed
unripe
contention
louisiana
courts
review
involves
anything
judicial
act
making
rule
future
declaration
nopsi
rights
council
present
past
facts
laws
supposed
already
exist
prentis
supra
seem
room
contention
see
state
ex
rel
guste
council
new
orleans
la
since
review
extension
legislative
process
nopsi
claim
ripe
federal
review
council
order
entered
see
lane
wilson
bacon
rutland
challenge
completed
legislative
action
nopsi
suit
represents
neither
interference
ongoing
judicial
proceedings
younger
directed
interference
ongoing
legislative
process
ripeness
holding
prentis
directed
insofar
policies
federal
comity
concerned
different
substance
facial
challenge
allegedly
unconstitutional
statute
zoning
ordinance
assuredly
require
brought
state
courts
see
wooley
maynard
true
course
federal
disposition
case
may
well
affect
practical
purposes
future
present
circumstances
even
pending
action
doctrine
availability
even
pendency
state
judicial
proceedings
excludes
federal
courts
viewed
challenge
completed
legislative
action
louisiana
suit
comes
within
none
exceptions
younger
later
cases
established
reasons
stated
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
adverting
merits
district
commented
council
faults
nopsi
buying
pig
poke
failing
find
sucker
buy
became
barnum
said
suckers
one
born
every
minute
however
ready
assume
many
suckers
purchasing
electricity
wholesale
market
today
indeed
somewhat
mystified
council
logic
arriving
million
disallowance
rate
order
rate
order
council
simply
concluded
since
nopsi
president
said
savings
actually
possible
council
seemingly
pulled
thin
air
figure
prudence
disallowance
however
council
case
everyone
else
knows
figure
pulled
thin
air
represents
difference
ferc
allocation
nopsi
consistently
claims
relative
share
middle
south
system
council
advocated
unsuccessfully
ferc
proceeding
thus
disallowed
costs
bear
apparent
relationship
savings
nopsi
said
foregone
sic
must
savings
posited
reason
disallowance
least
possible
actual
economic
market
furthermore
must
ultimate
disallowance
bear
rational
relationship
possible
savings
support
disallowance
questions
must
resolved
another
day
another
app
pet
cert
nopsi
state
suit
since
consolidated
declaratory
judgment
action
filed
earlier
council
seeking
declaration
rate
order
represented
reasonable
exercise
regulatory
power
nopsi
failure
comply
order
unlawful
suit
filed
local
consumers
rights
organization
alliance
affordable
energy
seeking
force
council
disallow
least
larger
proportion
grand
gulf
costs
case
still
pending
nopsi
council
new
orleans
boissiere
cain
alliance
affordable
energy
council
new
orleans
civ
dist
parish
orleans
ohio
civil
rights
dayton
christian
schools
held
younger
doctrine
prevented
injunction
ongoing
sex
discrimination
proceeding
ohio
civil
rights
commission
decision
arguably
applying
younger
administrative
proceeding
middlesex
county
ethics
comm
garden
state
bar
similarly
involved
situation
proceeding
yet
end
fact
dayton
christian
schools
relied
alternative
argument
upon
fact
federal
challenge
made
upon
appeal
state
courts
see
suggests
perhaps
administrative
proceeding
younger
applies
challenged
federal
even
administrative
action
become
final
never
squarely
faced
question
justice
brennan
justice
marshall
joins
concurring
join
opinion
continue
adhere
view
however
abstention
doctrine
younger
harris
general
inapplicable
civil
proceedings
see
pennzoil
texaco
brennan
concurring
judgment
trainor
hernandez
brennan
dissenting
juidice
vail
brennan
dissenting
huffman
pursue
brennan
dissenting
chief
justice
rehnquist
concurring
parts
concurring
judgment
agree
prior
cases
extending
younger
beyond
criminal
prosecutions
civil
proceedings
limited
application
proceedings
judicial
nature
longstanding
characterization
distinction
judicial
legislative
proceedings
see
prentis
atlantic
coast
line
council
ratemaking
proceedings
issue
judicial
nature
circumstances
agree
younger
abstention
inappropriate
despite
pendency
review
council
ratemaking
order
nothing
opinion
curtails
prior
application
younger
certain
administrative
proceedings
judicial
nature
see
ohio
civil
rights
dayton
christian
schools
middlesex
county
ethics
committee
garden
state
bar
alter
prior
case
law
indicating
proceedings
regarded
ongoing
purposes
younger
abstention
state
appellate
review
completed
see
dayton
christian
schools
supra
understanding
join
portion
opinion
holding
younger
abstention
inappropriate
agree
conclusion
burford
abstention
inappropriate
facts
case
foreclose
possibility
burford
abstention
case
like
state
consolidated
review
orders
local
ratemaking
bodies
specialized
state
power
hear
federal
claim
accordingly
concur
judgment
burford
abstention
justice
blackmun
concurring
judgment
concur
judgment
case
also
agree
take
core
majority
reasoning
posture
case
legislative
proceeding
ended
council
entered
ratemaking
order
point
adjudication
district
interfered
ongoing
proceeding
judicial
legislative
ante
find
however
majority
understanding
burford
abstention
much
narrower
respects
relevant
disposition
case
considerable
tension
discussion
nature
state
interests
burford
context
discussion
state
interests
younger
context
compare
ante
ante
furthermore
entirely
persuaded
decisions
applying
younger
abstention
administrative
proceedings
judicial
nature
leave
open
question
whether
abstention
must
continue
judicial
review
process
ante
view
majority
observations
questions
necessary
result
legal
standard
majority
adopted