court weighs u power utilities us supreme court decided hear arguments native load exception one key policy questions answer still many months away critical decision enron keep everyone apprised developments jim forwarded james steffes na enron 02 26 2001 12 26 pm ronald carroll 02 26 2001 12 02 pm cc subject fwd court weighs u power utilities message tracey bradley mon 26 feb 2001 13 37 22 0600 deanna king justin long minh tu nguyen nancy pickover subject court weighs u power utilities court weighs u power utilities february 26 2001 washington feb 26 2001 united press international via comtex case could prove pivotal energy competition supreme court said monday would hear argument next term whether federal energy regulatory commission regulate transmission electricity within state issue whether ferc regulations foster competition local electricity marketplace case also tests whether supreme court continue enhancing state power expense federal government number decisions recent years far dusty exercise legal maneuvering case also one example actions supreme court affect average american financial stakes huge suppliers distributors electricity dispute also could direct influence much consumers pay electricity though california party case energy crisis state ramifications neighboring states brought concern electric utilities forefront federal power act 1935 gave federal government authority regulate interstate transmission energy largely left individual state charge came energy transmission within state borders 1935 electric facilities intrastate facilities operating within particular state borders new york told supreme court petition 1998 however ferc pre empted state regulation delivery electricity generator retail consumer state use local distribution facilities deliver electricity resold new york representatives said ferc envisioned introduction competition jurisdictional wholesale market also state jurisdictional retail market concluded competition allowed expand jurisdiction three areas first ferc asserted jurisdiction retail transactions states unbundled separated retail rates charges delivery electricity second ferc decided seller unbundled wholesale energy made use local distribution system ferc states would set rates seller would pay use facilities new york said third ferc pre empted state authority set rates recoup costs incurred utilities serve retail customers may stranded unrecoverable utilities due competition state said u court appeals c circuit consolidated scores challenges new regulations including nine state commissions last june upheld ferc actions several losing parties including new york asked supreme court review monday justices combined new york case one brought energy giant enron power marketing agreed hear case sometime next term brief supreme court behalf ferc justice department said section federal energy act explicitly gives ferc jurisdiction transmission electric energy interstate commerce facilities transmission regardless whether transmission part wholesale retail transaction besides department argued distinction interstate intrastate energy may meaningless 1972 ruling fpc vs florida light 00 809 enron vs ferc michael kirkland upi legal affairs correspondent copyright 2001 united press international subject code 02000000