Limitations on the obligation to provide access to electric transmission and distribution lines

Journal Article · Sun Jan 01 04:00:00 EST 1984 · Energy Law J.; (United States)

OSTI ID:6852006

Norton, IV, F L; Early, M B

The authors examine the limited availability of wheeling under the Federal Power Act, as amended by the Public Utility Regulatory Policies Act. They demonstrate that the adoption of the essential facilities doctrine to determine possession of monopoly power may be a positive step toward more realistic analysis of refusals to deal by regulated companies. Without objective cost standards, however, to determine whether a facility is essential, this step may be counterproductive or even meaningless. In the context of requests to wheel, they identify the specific competition to be protected and the proper standards for determining whether a facility is essential. The obligation to wheel remains an uncertainty which the courts will resolve on a case-by-case basis. The scope of legitimate business conduct, however, can be clarified by the courts and, potentially, could be resolved to limit further a utility's obligation to wheel. 146 references.

• Research Organization: Reid and Priest, Washington, DC
• OSTI ID: 6852006
• Journal Information: Energy Law J.; (United States), Journal Name: Energy Law J.; (United States) Vol. 5:1; ISSN ELJOE
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
296000* -- Energy Planning & Policy-- Electric Power
CASE LAW
COMPETITION
ELECTRIC UTILITIES
LAWS
LEGAL ASPECTS
MONOPOLIES
POWER DISTRIBUTION
POWER TRANSMISSION LINES
PUBLIC UTILITIES
REGULATIONS