Toward an SEC-FERC memorandum of understanding. [SEC-FERC (Securities and Exchange Commission-Federal Energy Regulatory Commission)]

Journal Article · Sat Jan 01 04:00:00 EST 1994 · Energy Law Journal; (United States)

OSTI ID:6985028

Moeller, J W

The Securities and Exchange Commission (SEC) is under fire. For the past year, Congress has criticized its administration of the Public Utility Holding Company Act of 1935 (PUHCA). The criticism might persuade Congress to transfer the administration of PUHCA from the SEC to the Federal Energy Regulatory Commission (FERC). Section I of this article briefly describes the events of the past year and the implications of transfer of PUHCA from the SEC to the FERC. Section II of this article discusses the background relationship of PUHCA, under which the SEC regulates the securities transactions of public utilities, to the Federal Power Act, under which the FERC regulates the rates of public utilities. Section III discusses the case involving the Ohio Power Company, which resulted in a November 1990 decision of the Supreme Court, that recently has highlighted the conflict in jurisdiction between the SEC and the FERC relative to the regulation of public utilities. Section IV discusses the immediate responses to that conflict--a proposed amendment to a FERC regulation and S. 544--and the reasons that neither response is an ideal solution. Section V proposes an alternative to those immediate responses--the Memorandum of Understanding. An Appendix is provided which proposes a draft Memorandum of Understanding between the SEC and the FERC.

• OSTI ID: 6985028
• Journal Information: Energy Law Journal; (United States), Journal Name: Energy Law Journal; (United States) Vol. 15:1; ISSN 0270-9163; ISSN ELJOEA
• 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
99 GENERAL AND MISCELLANEOUS
990400 -- Law
AMENDMENTS
ELECTRIC UTILITIES
LAWS
LAWSUITS
LEGAL ASPECTS
NATIONAL ENERGY ACTS
NATIONAL ORGANIZATIONS
PUBLIC UTILITIES
REGULATIONS
US DOE
US FERC
US ORGANIZATIONS