440
Opinion of the Court
C. Jones and Vicci M. Colgan, Senior Assistant Attorneys General.
Neal Leader, Assistant Attorney General of Oklahoma, argued the cause for defendant. With him on the brief were Robert H. Henry, Attorney General, and Thomas L. Spencer, Assistant Attorney General.*
Justice White delivered the opinion of the Court. On April 14, 1988, Wyoming submitted a motion for leave to file a complaint under this Court's original jurisdiction provided by Art. III, § 2, of the Constitution. The complaint challenged Okla. Stat., Tit. 45, §§ 939 and 939.1 (Supp. 1988) (Act),1 which requires Oklahoma coal-fired electric generating plants producing power for sale in Oklahoma to burn a mixture of coal containing at least 10% Oklahoma-mined coal. Wyoming sought a declaration that the Act violates the Commerce Clause, U. S. Const., Art. I, § 8, cl. 3, and an injunction
*Marilyn S. Kite, Lawrence J. Wolfe, and William E. Mooz, Jr., filed a brief for the Wyoming Mining Association as amicus curiae.
1 Act of Mar. 26, 1986, Ch. 43, §§ 1, 2, 1986 Okla. Sess. Laws 73. In full, § 939 provides:
"Coal-fired electric generating plants—Burning Oklahoma coal "All entities providing electric power for sale to the consumer in Oklahoma and generating said power from coal-fired plants located in Oklahoma shall burn a mixture of coal that contains a minimum of ten percent (10%) Oklahoma mined coal, as calculated on a BTU (British Thermal Unit) basis."
Section 939.1 further provides: "Cost increases to consumers and impairment of certain contracts prohibited
"The cost to the entity shall not increase cost to the consumer or exceed the energy cost of existing long-term contracts for out-of-state coal preference including preference given Oklahoma vendors as provided in Section 85.32 of Title 74 of the Oklahoma statutes."
The referenced statute, Okla. Stat., Tit. 74, § 85.32 (1981), provides "that
such preference shall not be for articles of inferior quality to those offered from outside the state, but a differential of not to exceed five percent (5%) may be allowed in the cost of Oklahoma materials, supplies and provisions of equal quality."
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