NEW ORLEANS PUBLIC SERVICE, INC., PETITIONER V. THE CITY OF NEW
ORLEANS, ET AL.

   No. 86-546

   In the Supreme Court of the United States

   October Term, 1986

   On Petition for a Writ of Certiorari to the United States Court of
Appeals for the Fifth Circuit

   Memorandum for the United States as Amicus Curiae

   On October 6, 1986, the Court invited the Solicitor General to file
a brief expressing the views of the United States in American Electric
Power Co. v. Kentucky Public Service Commission, No. 86-49.  That case
presents the question whether, when a public utility brings a suit in
federal court against a state public service commission, claiming that
the state commission's ratemaking determination violates the "filed
rate doctrine" under which a state commission is bound to honor the
interstate wholesale rates filed with or fixed by the Federal Energy
Regulatory Commission (see Nantahala Power & Light Co. v. Thornburg,
No. 85-568 (June 17, 1986) slip op. 8), it is inappropriate for the
federal court to abstain from adjudicating the federal claim.

   On October 3, 1986, petitioners in the present case filed a
petition for a writ of certiorari that raises a similar question in a
somewhat different procedural posture.  In our response to the Court's
invitation in No. 86-49, which we expect to file promptly, we will
offer the Court our views on whether the question presented in these
cases merits the Court's attention at this time and, if so, which, if
either, of the two cases presents the question in an appropriate
posture for this Court's review.  We therefore suggest that the Court
postpone its disposition of the petition in No. 86-546 until we have
had an opportunity to express the views of the United States in No.
86-49.

   It is therefore respectfully submitted that the petition for a writ
of certiorari should be considered together with the petition for a
writ of certiorari in American Electric Power Co. v. Kentucky Public
Service Commission, No. 86-49.

   CHARLES FRIED

      Solicitor General

   NOVEMBER 1986