Congressional Digest

Supreme Court Debates November 2001 No. 8 Vol. 4
Federal Energy Regulatory Commission, et al.,

Electric Energy Transmission

The States, Power Companies, and the Federal Government

Federal Energy Regulatory Commission, et al.,

Respondents

Barbara D. Underwood, Acting Solicitor GeneralIn April 1996, Federal Energy Regulatory Commission (FERC) issued Order No. 888, asserting that FERC had jurisdiction over the transmission of power from electricity suppliers to utility companies that then resell the power to consumers in an "unbundled" format, with transmission costs billed separately. This allowed the commission to require those utilities to open up their power lines and other transmission equipment to the electric power of competitors, while being reasonably reimbursed for their services. A group of State utility commissions filed suit against FERC, alleging that it violated Federal law and Supreme Court precedent…

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