ferc
mississippi
argued
january
decided
june
public
utility
regulatory
policies
act
purpa
enacted
part
legislative
package
designed
combat
nationwide
energy
crisis
effort
titles
iii
purpa
direct
state
utility
regulatory
commissions
nonregulated
utilities
consider
adoption
implementation
specific
rate
design
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require
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commissions
follow
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acting
proposed
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section
purpa
title
ii
seeks
encourage
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ferc
consultation
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promulgate
rules
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goal
section
requires
state
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notice
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implement
rules
authorizes
ferc
exempt
cogeneration
small
power
facilities
certain
state
federal
regulations
state
mississippi
mississippi
public
service
commission
appellees
brought
action
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district
ferc
secretary
energy
appellants
seeking
declaratory
judgment
titles
iii
unconstitutional
exceed
congressional
power
commerce
clause
constitute
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state
sovereignty
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purpa
regulated
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pp
legislative
history
amply
supports
congressional
conclusion
limited
federal
regulation
retail
sales
electricity
natural
gas
relationships
cogenerators
electric
utilities
essential
protect
interstate
commerce
nation
economy
pp
challenged
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insofar
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rules
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commissions
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disputes
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mississippi
public
service
commission
testa
katt
pp
mandatory
consideration
provisions
titles
iii
involve
compelled
exercise
mississippi
sovereign
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state
legislative
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establish
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state
activity
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field
cf
hodel
virginia
surface
mining
reclamation
pp
similarly
procedural
requirements
titles
iii
compel
exercise
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sovereign
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congress
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pp
blackmun
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burger
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joined
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lee
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cause
appellants
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assistant
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deputy
solicitor
general
claiborne
elliott
schulder
kathryn
oberly
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virginia
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alex
alston
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appellees
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state
mississippi
et
al
hiram
eastland
hubbard
saunders
iv
bill
allain
attorney
general
mississippi
bennett
smith
assistant
attorney
general
joshua
green
james
child
filed
brief
appellee
mississippi
power
light
briefs
amici
curiae
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reversal
filed
roger
warin
stephen
sachs
attorney
general
maryland
eleanor
carey
associate
deputy
attorney
general
roger
davis
norman
dean
alan
miller
state
maryland
et
al
peter
wells
county
onondaga
william
bradner
rigdon
boykin
american
paper
institute
janice
kerr
hector
anninos
randolph
deutsch
california
public
utilities
commission
peter
brown
richard
hesse
james
tierney
attorney
general
maine
energy
law
institute
et
al
robert
bethea
bernard
bays
gerald
sumida
hawaii
sugar
planters
association
samuel
efron
david
bardin
james
mercurio
lewis
leibowitz
roche
et
al
gerry
levenberg
keith
guthrie
william
brashares
john
gunther
national
alliance
hydroelectric
energy
et
al
robert
loeffler
alan
cope
johnston
henry
levine
windfarms
et
al
briefs
amici
curiae
urging
affirmance
filed
northcutt
ely
frederick
ritts
robert
pietrowski
american
public
power
association
david
hanes
john
mcgrane
andrew
carter
arkansas
power
light
et
al
walter
bossert
davison
grant
central
hudson
gas
electric
harold
schmidt
william
cockrell
steve
griffith
duke
power
et
al
william
killian
florida
power
light
gordon
gooch
patrick
berry
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brown
houston
lighting
power
et
al
roger
marzulla
gale
norton
mountain
legal
foundation
edward
caine
william
dana
shapiro
potomac
electric
power
wayne
elliott
allen
hirons
stephen
parker
southeastern
legal
foundation
briefs
amici
curiae
filed
david
frohnmayer
attorney
general
oregon
william
gary
solicitor
general
department
energy
state
oregon
mark
white
attorney
general
john
fainter
first
assistant
attorney
general
richard
gray
iii
executive
assistant
attorney
general
james
myers
justin
andrew
kever
john
stuart
fryer
assistant
attorneys
general
state
texas
william
chamberlain
california
energy
resources
conservation
development
commission
david
crump
legal
foundation
america
marshall
brinkley
louisiana
public
service
commission
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balch
eason
balch
ben
stone
southern
company
services
et
al
justice
blackmun
delivered
opinion
case
appellees
successfully
challenged
constitutionality
titles
iii
title
ii
public
utility
regulatory
policies
act
pub
stat
purpa
act
conclude
appellees
challenge
lacks
merit
reverse
judgment
november
president
carter
signed
purpa
law
act
part
package
legislation
approved
day
designed
combat
nationwide
energy
crisis
time
said
generation
electricity
consumed
energy
resources
used
approximately
electricity
country
generated
use
oil
natural
gas
electricity
generation
one
fastest
growing
segments
nation
economy
part
reliance
oil
gas
electricity
utilities
plagued
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costs
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efficiency
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capacities
factors
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effect
rates
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whole
congress
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conservation
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utilities
oil
natural
gas
essential
success
effort
lessen
country
dependence
foreign
oil
avoid
repetition
shortage
natural
gas
experienced
control
consumer
costs
titles
iii
section
act
requires
state
regulatory
authority
nonregulated
utility
consider
use
six
different
approaches
structuring
rates
promulgation
class
electricity
consumers
rates
maximum
extent
practicable
reflect
costs
service
class
elimination
declining
block
rates
adoption
rates
promulgation
seasonal
rates
adoption
interruptible
rates
use
load
management
techniques
act
directed
state
authority
nonregulated
utility
consider
factors
later
two
years
purpa
enactment
november
provided
authority
utility
november
made
decision
whether
adopt
standards
statute
provide
penalties
failure
meet
deadlines
state
authority
nonregulated
utility
merely
directed
consider
standards
first
rate
proceeding
initiated
authority
november
section
purpa
requires
state
regulatory
authority
nonregulated
utility
consider
adoption
second
set
standards
relating
terms
conditions
electricity
service
prohibition
new
buildings
restrictions
use
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adjustment
clauses
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consumers
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rate
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costs
consumers
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costs
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gas
utilities
decision
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contained
made
november
although
penalty
provided
statute
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meet
deadline
finally
act
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state
authority
nonregulated
utility
consider
promulgation
lifeline
rates
lower
rates
service
meets
essential
needs
residential
consumers
rates
adopted
november
titles
iii
also
prescribe
certain
procedures
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state
regulatory
authority
nonregulated
utility
considering
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standards
standard
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standards
title
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judicial
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federal
titles
iii
also
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years
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electricity
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title
iii
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state
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gas
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gas
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gas
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despite
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state
authority
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required
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implement
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ii
april
state
mississippi
mississippi
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fpc
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involved
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mississippi
power
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mississippi
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mandates
federal
government
governments
member
hart
supra
second
half
century
congress
apparently
heeded
wisdom
federal
law
hart
observed
often
says
things
leaving
outside
scope
prohibition
wide
range
alternative
courses
action
illuminating
observe
rarely
says
thing
leaving
choice
go
ahead
ibid
governor
randolph
virginia
example
opposed
similar
proposal
national
coercion
grounds
impracticable
expensive
cruel
individuals
instead
advocated
resort
national
legislation
individuals
farrand
emphasis
deleted
mason
eloquently
argued
jarring
elements
nature
fire
water
incompatible
sic
mixture
civil
liberty
military
execution
thomas
jefferson
disapproved
congressional
veto
soon
heard
writing
madison
paris
declared
negative
proposed
given
national
legislators
acts
several
legislatures
first
time
suggested
mind
prima
facie
like
warren
making
constitution
notably
jefferson
suggested
appeal
state
judicatures
federal
cases
act
confederation
controuled
question
effectual
remedy
experience
articles
confederation
taught
framers
multiple
state
legislatures
unchecked
central
power
threat
en
danger
harmony
tranquillity
union
quoting
madison
analysis
framers
intent
detract
proper
role
federal
power
federalist
system
merely
requires
exercise
power
manner
destroy
state
independence
quickly
recognized
congress
strength
derives
enumerated
powers
ability
direct
state
legislatures
mcculloch
maryland
wheat
historic
decision
affirming
congress
power
establish
national
bank
chief
justice
marshall
declared
trace
found
constitution
intention
create
dependence
government
union
execution
great
powers
assigned
means
adequate
ends
means
alone
expected
rely
accomplishment
ends
emphasis
added
see
also
davis
federal
principle
examining
history
constitutional
convention
principle
duality
articulated
single
constitutional
system
two
distinct
governments
national
state
acting
right
acting
directly
individuals
qualified
master
limited
domain
action
stands
clearest
fact
salmon
supra
discussing
history
constitutional
convention
concluding
substitution
supremacy
clause
negative
state
laws
evidenced
clear
distinction
framers
minds
supremacy
nation
approved
power
nation
control
functioning
rejected
convention
several
thinkers
suggested
national
government
might
rely
upon
state
officers
perform
tasks
madison
example
thought
congress
might
rely
upon
state
officials
collect
national
revenue
federalist
pp
cooke
ed
none
suggestions
however
went
far
propose
congressional
control
state
legislative
power
suggestions
moreover
seemed
assume
consent
national
use
officials
see
also
anderson
nation
rivals
partners
noting
first
congress
rejected
proposals
rely
upon
state
officials
enforce
federal
law
suggesting
decision
leave
free
work
concentrate
attention
resources
upon
functions
become
part
constitutional
understanding