Court rules PURPA unconstitutional

Journal Article · Wed Apr 01 04:00:00 EST 1981 · Electr. Light Power; (United States)

OSTI ID:6405278

Public Utility Regulatory Policies Act Title I and III, dealing with retail policies for electric and natural gas utilities, and Section 210 of Title II, relating to cogeneration and small-power production, were declared unconstitutional by a Mississippi federal district judge. The decision was appealed by the Federal Energy Regulatory Commission in spite of Administration efforts to reduce regulation. The Mississippi court saw the PURPA provisions as an intrusion that violates the Tenth Amendment by usurping a state right, viewing Section 210 as the most destructive. DOE defends PURPA as an example of creative federalism, and argues that compelling national interests should take precedence over state's rights. Mississippi, however, points out that PURPA is unique in ordering state compliance. (DCK)

• OSTI ID: 6405278
• Journal Information: Electr. Light Power; (United States), Journal Name: Electr. Light Power; (United States) Vol. 59:4; ISSN ELLPA
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290800 -- Energy Planning & Policy-- Heat Utilization-- (1980-)
293000* -- Energy Planning & Policy-- Policy
Legislation
& Regulation
296000 -- Energy Planning & Policy-- Electric Power
LAWS
LAWSUITS
LEGAL ASPECTS
MISSISSIPPI
NATIONAL ENERGY ACT
NORTH AMERICA
PUBLIC UTILITY REGULATORY POLICIES ACT
SOUTHEAST REGION
STATE GOVERNMENT
USA