Consolidated Edison Company of New York, Inc. v. Public Service Commission of New York

Justice White, with whom Justice Blackmun joins,

dissenting.

The Public Utility Regulatory Policies Act of 1978, Pub. L. 95-617, 92 Stat. 3117 (PURPA), is part of a broad congressional *1076response to the energy crisis. One of its provisions, § 210 of Title II, 16 U. S. C. § 824a-3, is designed to promote the development of alternative energy resources by overcoming the historical reluctance of electric utilities to purchase power from nontraditional facilities. FERC v. Mississippi, 456 U. S. 742, 750 (1982). Section 210(a) authorizes the Federal Energy Regulatory Commission (FERC) to promulgate…