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ARIZONA PUBLIC SERVICE CO. v. SNEAD

No. 77-1810.

441 U.S. 141 (1979)

99 S.Ct. 1629

60 L.Ed.2d 106

ARIZONA PUBLIC SERVICE CO. ET AL. v. SNEAD, DIRECTOR OF REVENUE DIVISION, TAXATION AND REVENUE DEPARTMENT OF NEW MEXICO, ET AL.

Supreme Court of United States.

Decided April 18, 1979.

Attorney(s) appearing for the Case

Daniel J. McAuliffe argued the cause for appellants. With him on the briefs were Richard N. Carpenter, Mark Wilmer, and William C. Schaab.

Jan E. Unna, Special Assistant Attorney General of New Mexico, argued the cause for appellees. With him on the brief were Toney Anaya, Attorney General, and John P. Frank.*

MR. JUSTICE STEWART delivered the opinion of the Court.

New Mexico has imposed a tax on the privilege of generating electricity within its borders. The question in this case is whether that tax conflicts with federal law, statutory or constitutional.

I

The Four Corners power plants, located in New Mexico's desert northwest, are owned by the appellants, five public utilities companies.1 Most of the electricity generated...

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