142274P.pdf   07/02/2015  City of Osceola, Arkansas  v.  Entergy Arkansas, Inc.
   U.S. Court of Appeals Case No:  14-2274
   U.S. District Court for the Eastern District of Arkansas - Jonesboro   
   [PUBLISHED] [Murphy, Author, with Shepherd, Circuit Judge, and Harpool, 
   District Judge] 
   Civil case - Contracts. The case was properly removed to federal court as 
   the contract plaintiff seeks to enforce is its Power Coordination, 
   Interchange and Transmission Agreement with defendant, an agreement which 
   had to filed with the Federal Energy Regulatory Commission and which FERC 
   had approved; since plaintiff was seeking to enforce a tariff contained in 
   the agreement approved by FERC, the suit arose under federal law and was 
   properly removed; this claim was not barred by the filed rate doctrine as 
   the suit does not challenge a filed rate over which FERC has exclusive 
   jurisdiction; however, FERC does have primary jurisdiction to determine 
   the appropriate treatment of the bandwidth payments at issue; based on the 
   record and FERC's expertise in implementing and supervising bandwidth 
   remedy, allowing FERC to exercise its primary jurisdiction would best 
   ensure uniform treatment of bandwidth charges; the dismissal of the action 
   is affirmed, but modified to be without prejudice.