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Who`s got jurisdiction?
Patrick Corcoran
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Abstract
The Federal Energy Regulatory Commission (FERC) recently asserted jurisdiction over the rates, terms and conditions of both wholesale and retail transmission. The claim is controversial. Whether and to what extent FERC actually possesses jurisdiction is a question that will probably be decided by the US Supreme Court. Until such a decision is handed down, there is no one clear answer. The object of this column is not to propose a set of answers, but to identify the jurisdictional questions that would predictably arise if a state commission ordered retail wheeling to a customer and the arguments that would arise on both sides if such questions were posed. Three possible outcomes are discussed: (1) No federal jurisdiction; (2) FERC jurisdiction over rates, terms, and conditions; and (3) Total federal preemption.