Opinion of the Court
FERC Can Preempt State Jurisdiction Over Retail Transmissions of Electricity
This case was granted certiorari on February 26, 2001, and was affirmed on March 4, 2002. In a 6-to-3 decision, the Court held that the Federal Energy Regulatory Commission (FERC) can preempt State jurisdiction over retail transmissions of electric energy. The following is excerpted from the summary of the majority opinion written by Justice Stevens, as prepared by the Court Reporter of Decisions:FERC did not exceed its jurisdiction by including unbundled retail transmissions within the scope of Order No. 888’s open access requirements. New York insists that retail transactions are subject only to State regulation, but the electric industry has…
