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New York v. Federal Energy Regulatory Commission
(U.S. Supreme Court)
FERC regulation of access to electricity
The Supreme Court held 3/4/02 that the Federal Energy Regulatory Commission (FERC) may require that a public utility transmit competitors' electricity over its lines on the same terms that it applies to its own energy transmissions if the utility has unbundled the cost of transmission from the cost of energy when billing its retail customers. The Court also held that FERC's decision not to impose the same requirement on utilities that continue to offer only bundled retail sales was a permissible policy choice. This case is important to all businesses engaged in the transmission or sale of energy.
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