IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT THE STATE OF TENNESSEE, Petitioner, Case 15_ V. FEDERAL COMMIS SION, and UNITED STATES OF AMERICA, Respondents. PETITION FOR REVIEW Pursuant to 47 U.S.C. 402(a), 28 U.S.C. 2342(1) and 2344, and Rule 15(a) of the Federal Rules of Appellate Procedure, the State of Tennessee hereby petitions this Court for review of the ?nal order of the Federal Communications Commission or ?Commission?) captioned In the Matter of City of Wilson, North Carolina Petition for Preemption of North Carolina General Statute Sections 160A-340 et seq. The Electric Power Board of Chattanooga, Tennessee Petition for Preemption of a Portion of Tennessee Code Annotated Section 7-52- 60, Memorandum Opinion and Order, FCC 15-25, WC Docket Nos., 14-115 and 14-116 (?Order?). The Order was released on March 12, 2015, and stated that it became effective upon release. Id. 11 185. A copy of the full text of the Order is attached as Exhibit A, and is available at In the Order, the FCC preempts Tennessee law pertaining to the operation of municipal electric plants, including the Electric Power Board of Chattanooga, an instrumentality of the City of Chattanooga, created and controlled by the State of Tennessee. In so doing, the FCC has unlawfully inserted itself between the State of Tennessee and the State?s own political subdivisions. The State of Tennessee, as a sovereign and a party to the proceeding below, is aggrieved and seeks relief on the grounds that the Order: (1) is contrary to the United States Constitution; (2) is in excess of the Commission?s authority; (3) is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act; and (4) is otherwise contrary to law. Venue is proper in this Court because the State of Tennessee is located within this judicial Circuit. Accordingly, the State of Tennessee respectfully requests that this Court hold unlawful, vacate, enjoin, and set aside the Order, and provide such additional relief as may be appropriate. Respectfully submitted, By: s/ Joshua S. Turner Joshua S. Turner* Herbert H. Slatery Megan L, Brown Attorney General and Reporter of the WILEY REIN LLP State of Tennessee 1776 Street, NW Washington, DC 20006 Charles L. TEL: (202) 719-7000 Deputy Attorney General (202) 719-7049 iturner@wileVrein.com mbrown@wi1evrein.com *Lead Counsel Counsel for the State of Tennessee Dated: March 20, 2015 CERTIFICATE OF SERVICE I, Megan L. Brown, hereby certify that on March 20, 2015, I ?led the foregoing Petition for Review via the Court?s ECF ?ling system, and caused one copy of the Petition for Review to be delivered by ?rst class mail and electronic mail, where speci?ed, to: Jonathan Sallet Eric H. Holder, Jr. Federal Communications Commission US. Attorney General Of?ce of the General Counsel US. Department of Justice Room 950 Avenue, NW. 445 12th Street, S.W. Room 3601 Washington, DC 20554 Washington, DC 20530-0001 onathan.Sallet@fcc.gov Catherine G. O?Sullivan Counsel for the Federal US. Department of Justice Communications Commission Antitrust Division/Appellate Division 950 Avenue, NW. Room 3224 Washington, DC 20530?0001 Catherine.0 Sullivan@usdoj . gov Counsel for the United States of America I further certify that on March 20, 2015, I caused one copy of the Petition for Review be delivered by ?rst class mail to the parties listed below, who participated in the FCC proceeding, consistent with Federal Rule of Appellate Procedure 15(c)( 1). The Order is available at s/ Megan L. Brown Megan L. Brown