Electric Power Supply Ass'n v. Federal Energy Regulatory Commission

Under the Federal Power Act, regulatory authority over the nation’s electricity markets is bifurcated between the States and the federal government. In simplified terms, the Federal Energy Regulatory Commission (“FERC” or “Commission”) has authority over wholesale electricity sales but not retail electricity sales, with the latter solely subject to State regulation. See 16 U.S.C. § 824(a), (b)(1). The consolidated petitions before the court call on us to parse this jurisdictional line between FERC’s wholesale jurisdiction and the States’ retail jurisdiction — a line which this court and the…