NEW YORK et al.
v.
FEDERAL ENERGY REGULATORY COMMISSION et al.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued October 3, 2001.
Decided March 4, 2002.
Attorney(s) appearing for the Case
Lawrence G. Malone argued the cause and filed briefs for petitioners State of New York et al. in No. 00-568 and a brief for respondents State Public Service Commissions in No. 00-809. With him on the briefs were Jonathan D. Feinberg and Carl F. Patka.
Louis R. Cohen argued the cause and filed briefs for petitioner in No. 00-809 and a brief for respondent Enron Power Marketing, Inc., in No. 00-568. With him on the briefs were Joseph E. Killory, Jr., Jonathan J. Frankel, I. Jay Palansky, Jeffrey D. Watkiss, and Joseph R. Hartsoe. Briefs for respondents under this Court's Rule 12.6 in support of petitioner in No. 00-809 were filed by James van R. Springer and Steven L. Miller for the Electric Power Supply Association; and by Sara D. Schotland for the Electricity Consumers Resource Council et al. Briefs for respondents under this Court's Rule 12.6 in support of petitioners in No. 00-568 were filed by Robert C. McDiarmid, Cynthia S. Bogorad, and Peter J. Hopkins for the Transmission Access Policy Study Group; and by Michael A. Mullett for Citizens Action Coalition of Indiana, Inc.
Deputy Solicitor General Kneedler argued the cause for respondents in both cases. With him on the brief for respondent Federal Energy Regulatory Commission were Acting Solicitor General Underwood, Austin C. Schlick, Cynthia A. Marlette, and Timm L. Abendroth. Charles G. Cole, Alice E. Loughran, Edward H. Comer, and Barbara A. Hindin filed a brief for the Edison Electric Institute, respondent in both cases.†
Supreme Court of United States.
Justice Stevens, delivered the opinion of the Court.
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...
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