New York v. Federal Energy Regulatory Commission

These cases raise two important questions concerning the jurisdiction of the Federal Energy Regulatory Commission (FERC or Commission) over the transmission of electricity. First, if a public utility “unbundles” — i. e., separates — the cost of transmission from the cost of electrical energy when billing its retail customers, may FERC require the utility to transmit competitors’ electricity over its lines on the same terms that the utility applies to its own energy transmis*5sions? Second, must FERC impose that requirement on utilities that continue to offer only “bundled” retail sales?

In Order…