Nantahala affirms Narragansett-Whither Pike County

Journal Article · Thu Jan 01 04:00:00 EST 1987 · Energy Law J.; (United States)

OSTI ID:6383732

Nixon, III, W W; Johnston, R E

A 1986 court decision affirming the Narragansett doctrine, ruled that once the Federal Energy Regulatory Commission (FERC) sets rates for wholesale power sales in interstate commerce, a state regulatory commission cannot conclude in setting retail rates that the FERC-approved wholesale rates are unreasonable. The decision does not resolve all the conflict over the issue of federal versus state jurisdiction to regulate electric utilities. The authors examine case law to point out some of the unanswered questions. They suggest that the excesses of construction, cost, and creative financing of the past decade are causing a fundamental shift in the locus and purpose of utility regulation, particularly for utilities with large nuclear construction projects. The effect is to transfer regulatory jurisdiction from the states to the FERC, with a corresponding impetus toward permitting full-costs recovery at the expense of ratepayer protection.

• Research Organization: Hale, Ward, Young, Green, Nixon, Jacobs and Hickey, North Little Rock, AR
• OSTI ID: 6383732
• Journal Information: Energy Law J.; (United States), Journal Name: Energy Law J.; (United States) Vol. 8:1; ISSN ELJOE
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
296000* -- Energy Planning & Policy-- Electric Power
CASE LAW
ELECTRIC UTILITIES
LAWS
LEGAL ASPECTS
NATIONAL ORGANIZATIONS
PRICES
PRICING REGULATIONS
PUBLIC UTILITIES
RATE STRUCTURE
REGULATIONS
RETAIL PRICES
US DOE
US FERC
US ORGANIZATIONS
WHOLESALE PRICES