Fed. Energy Regulatory Comm'n v. Elec. Power Supply Ass'n
Supreme Court of the United States
1Opinion of the CourtJustice Kagan
The Federal Power Act (FPA or Act), 41 Stat. 1063 , as amended, 16 U.S.C. § 791a et seq., authorizes the Federal Energy Regulatory Commission (FERC or Commission) to regulate "the sale of electric energy at wholesale in interstate commerce," including both wholesale electricity rates and any rule or practice "affecting" such rates. §§ 824(b), 824e(a). But the law places beyond FERC's power, and leaves to the States alone, the regulation of "any other sale"-most notably, any retail sale-of electricity. § 824(b). That statutory division generates a steady flow of jurisdictional disputes…
Also in this document: Dissent.
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