- See, e.g. Hodel v. Virginia Surface Mining and Reclamation Assn., 452 U.S. (1981). “The court must defer to a congressional finding that a regulated activity affects interstate commerce, if there is any rational basis for such a finding.” id. at 276.
- Amdt. V, US Constitution (“…nor shall private property be taken for public use, without just compensation.”)
- Legislation passed in 1953 resolved conflicting claims of the United States and individual coastal states over offshore resources. The Submerged Lands Act, Public Law 31, 1953, gave adjoining states title to the seabed typically to a distance of three miles from the mean high tide line. The Outer Continental Shelf Lands Act, Public Law 212, 1953, gave the national government primacy over lands beyond the state limits.
- Kleppe v. New Mexico, 426 US 529, 539 (1976) affirms the broad scope of Congress’ power over the federal land. The Court stated: “[The Property Clause] gives Congress the power to determined what are “needful” rules “respecting” the public lands…And while the furthest reaches of the power…have not yet been definitely resolved, we have repeatedly observed that “[t]he power over public land thus entrusted to Congress is without limitations.”
- Public Law 94–377.
- Public Law 95–372.
- Public Law 100–203, sec. 5101 et seq.
- See, note 3 supra.
- The United States Supreme Court has recognised that states or territories may regulate petroleum prices. The end of federal price and allocation controls was not meant to forbid state controls. Puerto Rico Department of Consumers Affairs v. Isla Petroleum, 108 S.Ct. 1350 (1988).
- 347 US 672 (1954).
- Public Law 95–621.
- Public Law 585 (1946)
- Id. secs. 4 and 5.
- Public Law 703.
- 16 US Code 797(e).
- FPC v. Union Electric Co., 381 US 90 (1965).
- FERC Opinion No. 88 (June 27, 1980), available in CCH Utilities Law Rep. para. 12, 331.
- Alabama Power Co. v. FERC, 685 F.2d 1311 (11th cir. 1982).
- Clark-Cowlitz Joint Operating Agency, FERC Opinion 191 (1983), available in 25 FERC (CCH) para. 61,052.
- Clark-Cowlitz Joint Operating Agency v. FERC, 775 F.2d 366 (D.C. Cir. 1985).
- Public Law 99–495.
- See e.g. Public Utilities Comm'n of Rhode Island v. Attleboro Steam & Elec. Co., 273 US 83, 89–90 (1927); Missouri v. Kansas Natural Gas Co., 265 US 298 (1924).
- 15 US Code § 717 et seq.
- 347 US 672 (1954).
- 15 US Code §§ 3301–3432.
- For a far more detailed explanation of these reforms, see Fox, Transforming an Industry by Agency Rulemaking: Regulation of Natural Gas by the Federal Energy Regulatory Commission, 23 Land & Water L. Rev. 113 (1988).
- Associated Gas Distributors v. FERC, 824 F.2d 981 (D.C. Cir. 1987).
- 52 Fed. Reg. 30334 (1987).
- Public Law No. 95–617, 92 Stat. 3317 (codified in various sections of the United States Code).
- 16 US Code §§ 791a et seq.
- Navigable waters are defined very broadly by the US courts to include virtually any watercourses other than the very smallest streams.
- Congress mandated the states to consider adoption of both substantive ratemaking standards involving such things as declining block rates and time-of-day rates as well as what might be called procedural standards such as prohibitions on master meters in large buildings, automatic fuel cost adjustment clauses, and service termination provisions.
- A small power generator is one which produces 80 megawatts or less and which produces its electricity from biomass, waste, renewable resources, or geothermal sites. To be licensed as a small power generator, an applicant must also not be owned by a utility. See PURPA at 16 US Code 796 and the FERC definitions, 18 Code of Regulations §§ 292.201 et seq.
- For an up-to-date article on these topics see Griggs, Competitive Bidding and Independent Power Procedures: Is Deregulation Coming to the Electric Utility Industry? 9 Energy L.J. 415 (1988).
- There are still a large number of people in the United States enthralled by the pronouncements of the physicist and energy commentator, Amory Lovins. This part of PURPA is very much in accord with his views on the disadvantages of large power production facilities. See one of his first articles on point: Lovins, Energy Strategy: The Road Not Taken, 55 Foreign Affairs 1137 (1976).
- For a discussion of FERC's authority, see New England Power Co. v. New Hampshire, 455 US 331 (1982). A number of points in this discussion have been taken from O'Connor, Levin, Cahill & Keenan, The Transition to Competition in the Electric Utility Industry, 8 J. Energy L. & Pol'y 223 (1988).
- See FERC's CWIP rule, Order 474, 52 Fed. Reg 23948 (June 27, 1987) codified at 18 C.F.R. Part 35.26.
- 18 C.F.R. § 35.14.
- See, Pierce, A Proposal to Deregulate the Market for Bulk Power, 72 Va. L. Rev. 1183 (1986).
- 15 U.S.C. § 751 et seq.
- For the history of the earlier contols as well as the oil price and allocation controls, see W. Fox, FEDERAL REGULATION OF ENERGY at 150–62.
- See, e.g. S. Breyer, REGULATION AND ITS REFORM, 15–35 (1982).
- It is interesting to compare FERC's view here with the much more aggressive and innovative stance that it took with regard to natural gas pipelines in Order 436.
- 734 F.2d 1486 (D.C. Cir. 1984).
- 42 US Code § 7152.
- See 10 US Code § 7420 et seq.
- BNA, Energy Report, February 6, 1986.
- Id., February 27, 1986.
- Id.
- Id., March 27, 1986.
- Id., June 5, 1986.
- Energy Report, August 18, 1986.
- Id., October 20, 1986.
- Id., January 12, 1987.
- 52 U.S.C. §§ 6201 et seq.
- See 10 C.F.R., Part 625.
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