New York v. FERC, 535 U.S. 1, 4 (2002)

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4

NEW YORK v. FERC

Opinion of the Court

spondents 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.†

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 its lines on the same terms that the utility applies to its own energy transmis†Bohdan R. Pankiw and John A. Levin filed a brief for the Pennsylvania Public Utility Commission as amicus curiae urging affirmance.

Briefs of amici curiae were filed for the State of California et al. by Bill Lockyer, Attorney General, Peter Siggins, Chief Deputy Attorney General, Rick Frank, Chief Assistant Attorney General, Morris Beatus, Senior Assistant Attorney General, Gary M. Cohen, and William Julian II; and for Electrical Engineers et al. by Charles J. Cooper.

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