Has the Supreme Court pulled the rug from under the FERC's electric and natural gas regulation
The Supreme Court overruled a prior decision in the Attleboro Gap case, which had identified an area where state regulation would be a burden on interstate commerce and opened the way for federal regulation in Parts II and III of the Federal Power Act and the Natural Gas Act of 1938. In Arkansas Electric Cooperative Corporation (AECC) v. Arkansas Public Service Commission, the Court decided that there is a ''bright line'' between the point where state regulation of wholesale rates will be a burden on interstate commerce and where it will be tolerable. In shifting the emphasis from whether there is to whether there could be an interference with interstate commerce, the decision raises the question of who must make that determination and how it will affect administrative proceedings. There is not likely to be a major impact, but this will depend on state legislatures, commissions, regulated industries, and consumers. 19 references.
- Research Organization:
- Sutherland, Asbill and Brennan, Washington, DC
- OSTI ID:
- 6587470
- Journal Information:
- Energy Law J.; (United States), Journal Name: Energy Law J.; (United States) Vol. 4:2; ISSN ELJOE
- Country of Publication:
- United States
- Language:
- English
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290200 -- Energy Planning & Policy-- Economics & Sociology
293000* -- Energy Planning & Policy-- Policy
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296000 -- Energy Planning & Policy-- Electric Power
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