Court shapes APPA legislative agenda
Two major court victories highlighted public power events involving the federal government in 1985. Both involved disputes between public power and the Federal Energy Regulatory Commission (FERC). These two decisions significantly shaped APPA's legislative program last year. Our first major legal victory of the year occurred on Sept. 24 when the US Court of Appeals for the DC Circuit unanimously vacated portions of the commission's CWIP rule (allows investor-owned utilities to include one-half the costs of construction-work-in-progress (CWIP) in wholesale rate base) and remanded that rule for further commission consideration. Public power's second major court victory of 1985, also unanimous, was handed down by a different panel of judges from the same US District Court of Appeals on Oct. 22. In this decision the Court of Appeals overturned the FERC's ruling regarding application of preference in relicensing of hydroelectric facilities. These two cases and their impacts on legislation pending before Congress are discussed. Other issues which have surfaced because of the debate over relicensing, i.e., wheeling and antitrust plus the issue of tax-exempt financing are also discussed.
- Research Organization:
- Public Power, Washington, DC
- OSTI ID:
- 6128570
- Journal Information:
- Public Power; (United States), Vol. 44:1
- Country of Publication:
- United States
- Language:
- English
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Related Subjects
POLICY AND ECONOMY
ELECTRIC UTILITIES
LAWSUITS
LEGAL ASPECTS
COMPETITION
CONSTRUCTION
COST
ELECTRIC POWER
FINANCING
HYDROELECTRIC POWER PLANTS
LEGISLATION
LICENSING
OWNERSHIP
PRICES
REGULATIONS
TAXES
US FERC
NATIONAL ORGANIZATIONS
POWER
POWER PLANTS
PUBLIC UTILITIES
US DOE
US ORGANIZATIONS
296000* - Energy Planning & Policy- Electric Power
293000 - Energy Planning & Policy- Policy
Legislation
& Regulation
290200 - Energy Planning & Policy- Economics & Sociology