State utility commissions challenge open-access rules

In late February, 2001, the Associated Press reported that the US Supreme Court would begin reviewing federal rules issued in 1996 that require electric utilities to open their transmission lines to competitors a key component of deregulation.

The request to review was made by nine state utility commissions, which challenged Federal Energy Regulatory Commission’s authority to impose the rule on retail transmissions. In an appeal, they said the retail rule would harm competition by encouraging states not to require separate pricing of transmission and sales.

The report said two other appeals filed by Enron Power Marketing and Light and Sinking Fund Commissioners of Dalton, Ga., against FERC were also acted. For the appeals court ruling, contact the US Court of Appeals, District of Columbia Circuit.

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