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...scheme as it pertains to the local legislation in issue. Regulation of Transportation and Storage by NRC — The Scope of the Atomic Energy...presented to the public, while at the same time, it is recognized that our modern society depends upon the transformation of atomic power into energy and the ready availability of these fissionable...regulation in the nuclear energy field. This appeal exemplifies the familiar clash between society's desire to reap the benefits of nuclear technology and society's understandable...

.... Transmission is subsequent to generation, and similar to the transportation of goods after manufacture. The control of the routing of the electrical energy is in the transmission network and not in the hands..., generation, and, in effect, corresponds to the transportation of goods after their manufacture; that the generation of the electrical energy is local, and only its transmission is in interstate commerce.... Mr. John F. MacLane, with whom Mr. Robert H. O'Brien was on the brief, for appellant. The tax in...

...501, Plaintiffs–Appellants, v. ONEOK, Inc.; ONEOK Energy Marketing & Trading Co., L.P.; The Williams Companies, Inc.; Williams Merchant Services Company, Inc.; Williams Energy Marketing...& Trading Company; American Electric Power Company, Inc.; AEP Energy Services, Inc.; Duke Energy Corporation; Duke Energy Trading and Marketing, LLC; Dynegy Marketing and Trade; El Paso Corporation; El Paso...Merchant Energy, L.P.; CMS Energy Corporation; CMS Marketing Services & Trading Company; CMS Field Services; Reliant Energy, Inc.; Reliant Energy Services, Inc.; Coral Energy Resources, L.P...

...population. New England Power owns and operates hydroelectric units, some of which are located in New Hampshire. The units are licensed by the Federal Energy Regulatory Commission (FERC) pursuant to the...Federal Power Act. A New Hampshire statute, enacted in 1913, prohibits a corporation engaged in the generation of electrical energy by water power from transmitting such energy out of the State unless...approval is first obtained from the New Hampshire Public Utilities Commission. The statute empowers that Commission to prohibit the exportation of such energy when it determines that the energy "is...

...Disabilities Act: Hearing on H. R. 2273 and S. 933 before the Subcommittee on Transportation and Hazardous Materials of the House Committee on Energy and Commerce, 101st Cong., 1st Sess. (1990...teach because the dean at that time was convinced that blind people could not teach in public schools. A microfilmer at the Kansas Department of Transportation was fired because he had epilepsy; deaf...services, transportation, and telecommunications." S. Rep. No. 101-116, p. 6 (1989) (emphasis added). The House Committee on Education and Labor, addressing the ADA's employment provisions, reached the same...

...(briefed), CMS Energy Corp., Dearborn, MI, for Appellees. J. Peter Lark (briefed), Office of the Attorney General, Transportation Division, Lansing, MI, for Amicus Curiae... INDECK ENERGY SERVICES, INC., an Illinois Corporation; Indeck Saginaw Limited Partnership, Plaintiffs-Appellants, v. CONSUMERS ENERGY COMPANY, a Michigan corporation...; CMS Energy Corporation, a Michigan corporation, Defendants-Appellees. No. 99-1433. United States Court of Appeals, Sixth Circuit...

...' Coordinating Committee, Inc. v. Atomic Energy Commission, 449 F.2d 1109, (D.C. Cir. 1971); Committee for Nuclear Responsibility, Inc. v. Seaborg, No. 71...(OCS) off eastern Louisiana would take place in December, 1971. This was responsive to the directive in President Nixon's June 4, 1971, Message on Supply of Energy and Clean Air.... D. Ruling of District Court The District Court recognized both that there is a profound national energy crisis and that the Outer Continental Shelf has...

... FEDERAL ENERGY REGULATORY COMMISSION ET AL. v. MISSISSIPPI ET AL APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE...Anninos, and Randolph W. Deutsch for the California Public Utilities Commission; by Peter W. Brown, Richard A. Hesse, and James E. Tierney, Attorney General of Maine, for the Energy Law...Energy et al.; and by Robert H. Loeffler, Alan Cope Johnston, and Henry D. Levine for Windfarms, Ltd., et al. Briefs of amici curiae urging affirmance were filed by Northcutt...

...tributary, the entire energy of the flowing waters, an asset in the stream, heretofore regarded as vested inalienably in the States and their citizens, subject only to regulation in the interest of... the Federal Government. Mobile Transportation Co. v. Mobile, 153 Ala..., the Alabama Power Company. That Company has purchased Wilson Dam electric energy from the United States since 1926, continuing its purchases after the enactment of the Tennessee Valley Authority Act...

.... ILLINOIS DEPARTMENT OF TRANSPORTATION. C.A. 7th Cir. Certiorari denied. Reported below: 210 F.3d 732. 00-127. SEMICONDUCTOR ENERGY...LABORATORY CO., LTD. v. SAMSUNG ELECTRONICS CO., LTD., ET AL; and 00-138. SAMSUNG ELECTRONICS CO., LTD., ET AL. v. SEMICONDUCTOR ENERGY LABORATORY CO., LTD. C.A. Fed. Cir...

.... Petitioner, a California municipality, purchased electric energy, part of which was from out-of-state, from respondent public utility company, using some for...energy at wholesale in interstate commerce." The Court of Appeals set aside the FPC order, however, in view of the declaration in § 201(a) of the Act that federal regulation is to "extend only to those...the Interior and the energy subsequently sold was consumed wholly within California, the court concluded that the rates were subject to state regulation. Held: 1. The FPC's...

... NEW YORK et al. PETITIONERS v. FEDERAL ENERGY REGULATORY COMMISSION et al. ENRON POWER MARKETING, INC., PETITIONER v. FEDERAL ENERGY...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...little competition among utility companies. Section 201(b) of the FPA gave the Federal Power Commission (predecessor to respondent Federal Energy Regulatory Commission (FERC)) jurisdiction over "the...

...that policy. P. 527. 2. In the provision of § 201(b) of the Federal Power Act, that the Commission shall have jurisdiction over all facilities for the transmission or wholesale of electric energy in...distribute no out-of-state energy. Facilities may carry out-of-state energy exclusively and still be exempt under the Act. The test is whether they are local distribution facilities. P. 531. 4. The...of local distribution of electric energy does not as a matter of law exclude the process of reducing out-of-state electric energy from high to low voltage in subdividing it to serve ultimate consumers...

... MARK G. EPSTEIN; SAMUEL C. ARSERS, on behalf of themselves all others similarly situated, Plaintiffs-Appellants, v. WASHINGTON ENERGY CO.; JAMES A. THORPE, Defendants..., Washington, for the plaintiffs-appellants. Douglas M. Schwab, Heller, Ehrman, White McAuliffe, San Francisco, California, for defendants-appellees Washington Energy Company and...: OVERVIEW Plaintiffs Mark Epstein and Samuel Arsers, purchasers of Washington Energy Company's common stock, appeal from the district court's order...

.... NationsBank sued Heritage contending that Heritage deducted transportation costs from the value of NationsBank's royalty in violation of the leases. The trial court rendered a partial...awarded NationsBank and other royalty owners the transportation costs Heritage deducted plus interest and attorney's fees. The court of appeals affirmed the trial court's judgment.... 895 S.W.2d 833. It held that the royalty clauses showed the parties' intent not to deduct the post-production transportation costs when determining...

...Natural Gas Act of 1938 (NGA), and are subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC). They filed suit against petitioners, members of the MPSC, in Federal District...) Congressional intent to pre-empt state regulation of securities issuances to finance the interstate transportation and sale of natural gas cannot be inferred, as respondents contended, from the mere fact that...regulation of rates and facilities used in transportation and sale for resale of natural gas in interstate commerce, a field occupied by federal regulation. Although every state statute that has some indirect...

...California. Natural gas and natural gas transportation services are sold separately. Natural gas customers can purchase natural gas as a commodity from one seller and then contract...Commission and the Federal Energy Regulatory Commission. No party has asserted that regulation has immunized MPC's operations from the antitrust law challenges presented in this action...cubic feet per day of non-interruptible gas transportation service on NOVA's pipeline. In June of 1992, MPC notified customers that it was reselling this capacity as five-year assignments of NOVA...

..., both vertically by separating their control over production, transportation, refining and marketing entities, and horizontally by prohibiting cross-ownership of alternative energy resources in addition...does not threaten overall energy competition. In particular the report asserts that the relatively high concentration ratios in the uranium industry can be expected to decline, that current increases in...concert to restrict coal or uranium production and that the historical record refutes any charge that oil companies have restricted uranium output. The report concludes that "the energy industries...

... SOLE ENERGY COMPANY et al., Plaintiffs and Appellants, v. PETROMINERALS CORPORATION et al., Defendants and Appellants. No. G031877...contractual relations and interference with prospective economic advantage. Plaintiffs contended Petrominerals and Silverman tortiously interfered in a transaction by which a corporation called Sole Energy...Company (Sole Energy Corporation) was to acquire the stock and assets of a corporation called Hillcrest Beverly Oil Corporation (HBOC). Two of the plaintiffs were to be shareholders of Sole Energy...

...claimed to be reasonable on the basis of the need for mass transportation, energy conservation, and environmental protection, since the 1962 covenant was adopted with knowledge of such concerns. Pp. 28...New Jersey's police power because repeal served important public interests in mass transportation, energy conservation, and environmental protection... Mass. transportation, energy conservation, and environmental protection are goals that are important and of legitimate public concern. Appellees contend that these goals are so...

..." arrangement with other producers, appellant obtains most of its energy from powerplants located in Arkansas, which it wholly or partially owns, and sells most of what it generates to its member co-operatives.... I Maintaining the proper balance between federal and state authority in the regulation of electric and other energy utilities has long been a...the States. See Munn v. Illinois, 94 U.S. 113 (1877). On the other hand, the production and transmission of energy is an activity...

...of gas in wholesale quantities, not to consumers, but to distributing companies for resale to consumers, where the transportation, sale and delivery constitutes an unbroken chain, fundamentally...is unlike the burden imposed where a transportation rate is fixed. Wabash, St. Louis Pacific R.R. Co. v. Illinois, 118 U.S. 557, or...

...Commission has jurisdiction under § 201(b) of the Act, which extends "to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce.... (d) By § 20 of Part I, Congress did not confer on the States jurisdiction over hydroelectric energy transmitted across state lines for resale. Pp. 303-305.... (a) The provision of subsection (c) of § 201 that "sale of electric energy at wholesale" means a sale to any "person" for resale, is not to be construed as excluding...

...but exhaustible energy resources." We hold that the word "transportation" like the phrase "interstate commerce" aptly describes the..., 15 U.S.C. § 717 et seq. 74 P.U.R. (N.S.) 256. The Court of Appeals reversed, on the ground that respondent was not "engaged in the transportation of gas in...transportation. Pp. 467-468. (b) The word "transportation" in § 1(b) of the Act is not limited to companies which both transport natural gas in interstate commerce and...

.... "(a) It is declared that the business of transmitting and...such business which consists of the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce is necessary in the public interest, such...of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but shall not apply to any other sale of electric energy or deprive a State or State...

...-GA-COI (Ohio Pub. Util. Comm'n, Apr. 15, 1986); see generally Natural Gas Marketing and Transportation Committee, 1990 Annual Report, in Natural Resources Energy and Environmental Law, 1990 Year in...independent marketers rather than from LDC's, and pay pipelines separately for transportation. Indeed, during the tax period in question, petitioner General Motors Corporation (GMC) bought virtually...require interstate pipelines to offer transportation services to third parties wishing to ship gas. As a result, "interstate pipelines [were able] to use their monopoly power over gas transportation to...

..., purporting to substantial cost-savings. In order to perform this bypass transportation service, Panhandle applied to the Federal Energy Regulatory Commission (Commission) under § 7(c) of...actions present issues regarding the interplay of the regulatory authority of the Federal Energy Regulatory Commission and the Michigan Public...Service Commission over the interstate transportation and delivery of natural gas. Now before the Court are cross-motions for summary judgment, supported by extensive stipulations of fact. In essence...

...control over regulation of interstate electric rates shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but...shall not apply to any other sale of electric energy or deprive a State or State commission of its lawful authority exercised over the exportation of hydroelectric energy which is transmitted across...interstate electric rates shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but shall not apply to any...

... FEDERAL ENERGY REGULATORY COMMISSION, Petitioner v. ELECTRIC POWER SUPPLY ASSOCIATION, et al. EnerNOC, Inc., et al., Petitioners v. Electric Power Supply Association, et al.... Donald B. Verrilli, Jr., Solicitor General, for Federal Energy Regulatory Commission. Carter G. Phillips, Washington, DC, for EnerNOC, Inc., et al. Arocles Aguilar, General...Viridity Energy, Inc. Cynthia S. Bogorad, William S. Huang, Katharine M. Mapes, Jessica R. Bell, Spiegel & McDiarmid LLP, Washington, DC, for Respondents Midwest Load–Serving Entities. Roger E...

...transportation and sale of natural gas in interstate commerce, but extended federal regulation only to that area which this Court previously had held the states could not reach. Pp. 516-519. 5. It is...for resale is supplied unquestionably, both as to transportation and as to sale, in interstate commerce. Yet it is subjected to practically identical changes in pressure with the gas sold by appellant.... For a summary of the leading decisions concerning the sale and transportation of gas prior to the passage of the Natural Gas Act, see...

.... I. BACKGROUND A. Minnesota's Next Generation Energy Act The Minnesota legislature passed the Next Generation...Energy Act ("NGEA") in 2007, establishing energy and environmental standards related to carbon dioxide emissions. 2007 Minn. Laws Ch. 136, art. 5, § 3. Minn. Stat. § 216H.03, subd. 3 seeks to limit...: (1) construct within the state a new large energy facility that would contribute to statewide power sector carbon dioxide emissions; (2) import or commit to import from outside the state...

.... A. California's Deregulated Energy Market Plaintiff Public Utility District No. 1 of Snohomish County ("Snohomish") brings the...current lawsuit seeking money damages and injunctive relief for prices charged by the Defendants, a group of energy sellers, for sales of electricity made in the deregulated California energy market in...the year 2000. A proper determination of the validity of Plaintiff's claims hinges on an understanding of the nature and operation of California's deregulated energy market. In the...

...Georgia company gave the FPC jurisdiction over FPL under § 201(b) of the Federal Power Act, which grants jurisdiction to the FPC over "the transmission of electric energy in interstate commerce . . . and...the sale of electric energy at wholesale in interstate commerce, but . . . not [over] any other sale of electric energy." The FPC's conclusion that FPL energy was commingled with that of the other...over "the transmission of electric energy in interstate commerce and . . . the sale of electric energy at wholesale in interstate commerce, but . . . not [over] any other sale of electric energy...

...empower the states to regulate utilities in a manner that would discriminate against out-of-state energy companies. Supreme Court Commerce Clause precedent is abundant, but there...." West Lynn Creamery, 512 U.S. at 199 n. 15 (quoting New Energy Co. of Indiana v. Limbach, 486 U.S...)). The Attleboro decision sparked the creation by Congress of what is today the Federal Energy Regulatory Commission (FERC) and the establishment of federal regulations over wholesale transactions...

...the Natural Gas Act, and the Federal Power Commission issued to United a certificate of public convenience and necessity for the establishment of certain interstate pipelines for the transportation of...the transportation of natural gas in interstate commerce, or the sale in interstate commerce of such gas for resale." There is no contention that United is not a natural gas company within the...rendered by means of such facilities without first obtaining the permission and approval of the Commission. The provisions of the Natural Gas Act "shall apply to the transportation...

... Samuel D. LEGGETT et al. v. DUKE ENERGY CORPORATION et al. No. W2007-00788-SC-R11-CV. Supreme Court of Tennessee...Companies, Inc., Williams Energy Marketing Trading Company, Inc., and Williams Merchant Services. Leo Bearman, Jr., Michael Cotter Patton, and W. Michael Richards, Memphis, Tennessee...; and Terry J. Houlihan, San Francisco, California, for the appellants, Reliant Energy Services, Inc. and Reliant Energy, Inc. Jef Feibelman, Memphis, Tennessee, for the appellants...

...NORTHWEST PIPELINE CORPORATION, INTERVENORS. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, PETITIONER, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT. NORTHWEST PIPELINE CORPORATION, NORTHWEST...Utilities and Transportation Commission ("WUTC") petition for review of orders of the Federal Energy Regulatory Commission (the "Commission") authorizing Northwest Pipeline Corporation ("Northwest... CASCADE NATURAL GAS CORPORATION, PETITIONER, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT. WASHINGTON NATURAL GAS COMPANY, NORTHWEST NATURAL GAS COMPANY, AND...

... PPL ENERGYPLUS, LLC; PPL Brunner Island, LLC; PPL Holtwood, LLC; PPL Martins Creek, LLC; PPL Montour, LLC; PPL Susquehanna, LLC; Lower Mount Bethel Energy, LLC; PPL New Jersey...Solar, LLC; PPL New Jersey Biogas, LLC; PPL Renewable Energy, LLC; PSEG Power LLC; Essential Power, LLC, Plaintiffs–Appellees, v. Douglas R.M. NAZARIAN; Harold Williams; Lawrence Brenner; Kelly...Speakes–Backman; Kevin Hughes, Defendants–Appellants, and CPV Maryland, LLC, Defendant. American Public Power Association; National Rural Electric Cooperative Association; NRG Energy Inc.; Maryland Office...

...this account Congress may fix or regulate the price of coal, it may fix the prices of every other article of common use; for substantially all of them are sold for transportation across state lines. But...transactions, without any interstate transportation being contemplated or ever in fact resulting, — the argument being that in order to prevent discriminations arising against the interstate seller through...federal control. All that the Congress has since done in the regulation of more modern systems of transportation may fairly relate to that purpose, that is, the regulation of instrumentalities of...

...United States Department of Energy, and the defendant regional utility companies.... Epstein v. Wash. Energy Co., 83 F.3d 1136, 1140 (9th Cir. 1996). TANC alleged that in 1991 it entered into an "Interim Interconnection Agreement" and...the two interties. The parties performed under the Agreements, and the Federal Energy Regulatory Commission (FERC) allocated to TANC's California-Oregon Transmission Project one-third of the newly...

...with the authority delegated to the Federal Energy Regulatory Commission (as referred to herein, “FERC” or “Commission”) by the Federal Power Act. Before proceeding to the substance.... First, on writing style. The electric energy industry has its own jargon which makes great use of acronyms. With so many acronyms being used, the testimony and briefs become like alphabet soup where...acronyms in this decision. By way of reservation, the first part of the trial reviewed the extensive history of how the electric energy...

...municipalities. It brought suit against the Bonneville Power Administration (BPA), a federal power marketing agency of the United States Department of Energy...TANC's complaint are taken as true and construed in the light most favorable to it. Epstein v. Wash. Energy Co., 83 F.3d 1136, 1140 (9th...Federal Energy Regulatory Commission (FERC) allocated to TANC's California-Oregon Transmission Project one-third of the newly-created transfer capability...

..., Joshua J. Fougere, Sidley Austin LLP, Washington, DC; Ellen C. Ginsberg, Nuclear Energy Institute, Inc., for amicus curiae Nuclear Energy Institute, Inc. in support of Plaintiffs–Appellees–Cross...that three recently enacted Vermont statutes governing Vermont Yankee—Acts 74, 160, and 189—concerned issues of radiological safety and thus were preempted by the federal Atomic Energy Act. Count Two...), which owned a collective fifty-five percent share of Vermont Yankee. Vermont Yankee had been granted a forty-year Facility Operating License by the Atomic Energy Commission, the federal agency that...

...(BPA), a federal power marketing agency of the United States Department of Energy, and the defendant regional utility companies. TANC asserted claims for equitable relief and damages allegedly.... Epstein v. Wash. Energy Co., 83 F.3d 1136, 1140 (9th Cir.1996). TANC alleged that in 1991 it entered into an...interties. The parties performed under the Agreements, and the Federal Energy Regulatory Commission (FERC) allocated to TANC's California-Oregon Transmission Project one-third of the newly-created transfer...

.... Schiff, Stanley B. Klimberg and Howard A. Fromer of counsel), for New York State Energy Office, amicus curiae. Zachary Shimer, John B. O'Sullivan, Rigdon H. Boykin, Bernays T.... Brown for the New York Alliance for Hydroelectric Energy, amicus curiae. Herman B. Noll for Niagara Mohawk Power Corporation...) (Pub L 95-617) does not preempt this State from requiring electric utilities to offer to buy energy from those alternate energy producers, that qualify under both Federal and State law, at a rate in...

...`transportation of natural gas in interstate commerce' with `transmission of electric energy in interstate commerce' and `local distribution of natural gas or to the facilities used for such distribution', with.... The Commission's order directed the power company to cease and desist from charging certain municipalities and other wholesale purchasers of electric energy...energy. The two divisions are inter-connected by a 132 K.V. line extending from the Michigan plants to a substation near Stiles, Wisconsin, and thence, with reduced voltage, south to Appleton...

...Commission, was engaged in the purchase, transportation and sale of natural gas at wholesale. It collected the gas in states west of...U.S.C.A., Sec. 717 (b), says: "The provisions of this act shall apply to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale for...ultimate public consumption for domestic, commercial, industrial, or any other use, and to natural-gas companies engaged in such transportation or sale, but shall not apply to any other transportation or...

...and interstate commerce begins, this Court has held that the interstate transportation and the sale of gas at wholesale to local distributing companies is not subject to state control of rates.... § 717 (b), the Act is restricted in its application "to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale for ultimate public...consumption for domestic, commercial, industrial, or any other use, and to natural-gas companies engaged in such transportation or sale . . ." And by § 2(6...

.... 53. The water power created by these projects is the property of the United States, may be converted into electric energy, and, under the property clause of the Constitution...statutory plan is a plain attempt, in the guise of exerting granted powers, to exercise a power not granted to the United States, namely, the generation and sale of electric energy; that the execution of the...to a cause of action, comprise (1) the sale of electric energy at wholesale to municipalities empowered by state law to maintain and operate their own distribution systems; (2) the sale of such energy...

...— were utilized for the transmission of electric energy across state lines, held supported by substantial evidence. P. 67. 2. Federal regulation of the transmission of electric energy in...interstate commerce, under the Federal Power Act of 1935, is not limited to energy at the instant it crosses the state line, nor to companies which own the facilities which cross the line. P. 71. 3. The...jurisdiction of the Federal Power Commission does not extend to all connecting transmission facilities but only to those which transmit energy actually moving in interstate commerce. P. 72. 4. Since the...

...subject to the imposition and that the taxpayer could discontinue the intrastate business without withdrawing also from the interstate business. Id. 3. The transportation of natural gas from...cited. The transportation of gas from wells outside Ohio by the lines of the producing companies to the state line and thence by means of appellant's high pressure transmission lines...

... TE PASTORINO NURSERY, et al., Plaintiffs, vs. DUKE ENERGY TRADING AND MARKETING, L.L.C., et al., Defendants AND OTHER CONSOLIDATED CASES MDL No...Court is intimately familiar with the procedural and factual background of these cases, as they stem from the same circumstances concerning the California energy crisis that the Court addressed in...California's deregulated energy market, which forms the backdrop of Plaintiffs' allegations in this case, was also included in the Court's decision in...

...2:06-CV-00233-PMP-PAL), with a separate memorandum filed by Defendant Duke Energy Trading and Marketing, L.L.C. (Doc. #765), and statements of undisputed material facts and supporting... declarations (Doc. ##766-771), filed on November 30, 2007. Also before the Court is Defendants Reliant Energy Services, Inc.; The Williams Companies, Inc....; Williams Merchant Services Company, Inc.; Williams Power Company, Inc.; Oneok, Inc.; and Oneok Energy Services Company, L.P.'s Joinder in Defendants' Joint Motion for Summary Judgment (Doc. #816; Doc...

...of facilities utilized in the local distribution of electric energy. Section 203(a) of the Act bans, in the absence of the Commission's...municipalities and companies not engaged in the interstate transmission or sale of electric energy)." 18 C.F.R. § 33.1 (1963). Section 203(a) of...public utilities of electric energy, including energy transmitted over interstate lines. In that year came the celebrated Attleboro...

...Edward S. Finley, Jr., for appellees Carolina Power Light Company, Duke Power Company, and intervenor North Carolina Electric Membership Corporation; Len S. Anthony for appellee Progress Energy (formerly...Congress granted the Federal Energy Regulatory Commission (FERC) exclusive jurisdiction over wholesale sale of electricity in interstate commerce, it nevertheless intended that the states and their...arrangement, in the event of a power shortage, CPL would not interrupt the energy supply to the wholesale customers any sooner than it would interrupt the supply to its retail customers...

...Natural Gas Act to regulate the "rates and charges made, demanded, or received by any natural-gas company for or in connection with the transportation or sale of natural gas subject to the jurisdiction of...the Commission . . . ." "Natural-gas company" is defined by § 2(6) of the Act to mean "a person engaged in the transportation of natural gas in interstate commerce, or the sale in interstate commerce...of such gas for resale." The jurisdiction of the Commission is set forth in § 1(b) as follows: "The provisions of this Act shall apply to the transportation...

...., the Department of Energy Organization Act, the functions of the FPC were transferred to the Department of Energy and the Federal Energy Regulatory Commission. Under that act the FPC regulated...County Transportation Co, 303 N.Y. 391; 103 N.E.2d 421 (1952), app dis 343 U.S. 961 (1952). There is no reason to...; 68 S Ct 190; 92 L Ed 128 (1947); People v County Transportation Co...

...District Litigation arising out of the energy crisis of 2000-2001. During that time, the national energy and natural gas markets became mutually dysfunctional, and, feeding off each other spiraled into a...nationwide energy crisis. Amendments to Blanket Sales Certificates, 105 F.E.R.C. ¶ 61, 217, at ¶ 12 (2003). The Federal Energy Regulatory Commission ("FERC") undertook a fact finding investigation...or in connection with the transportation or sale of natural gas subject to the jurisdiction of the Commission, and all rules and regulations affecting or pertaining to such rates or charges, shall be...

...by PSC. In addition, RG E makes sales of electricity for resale, also called wholesale or incidental sales. These sales are considered interstate and are subject to regulation by the Federal Energy..., 71 L.Ed.2d 188 (1982) (the FPA delegated to FERC "exclusive authority to regulate the transmission and sale at wholesale of electric energy...

...transportation of natural gas in interstate commerce, or the sale in interstate commerce of such gas for resale." 15 U.S.C.A. § 717a(6...for transportation and resale in interstate commerce. This contract between Texas Gas and the pipeline company is for a minimum of fifteen years and by its terms the gas purchase contract between Deep...regulation in matters relating to the transportation of natural gas and the sale thereof in interstate and foreign commerce is necessary in the public interest." In...

...: Letter from CPN to Garkane, March 9, 1976. Garkane will sell power and energy...hereunder at the monthly demand and energy rate set forth in the attached UP L Rate Schedule RS-2, or any approved revision thereof, plus the appropriate fuel adjustment charge each month.... In July 1978, the Federal Energy Regulatory Commission (FERC) issued an order which reduced UP L's wholesale rates (both RS-1 and RS-2), specified new rates with a lower rate of return, and ordered...

...enforcing § 792 of the California Agricultural Code, which prohibits the transportation or sale in California of avocados containing less than 8% of oil by weight, against Florida avocados certified as..., which gauges the maturity of avocados by oil content, prohibits the transportation or sale in California of avocados which contain "less than 8 per cent of oil, by weight...transportation of agricultural commodities, however comprehensive for those purposes that regulation may be, does not of itself import displacement of state control over the distribution and...

...them transmits or distributes electric energy other than electric energy generated or purchased by it in such state, and none of them transmits or sells any electric energy outside of the boundaries..., 56 L.Ed. 941; Butts v. M. M. Transportation Co., 230 U.S. 126..., 796 et seq.) apply to companies owning or operating facilities for the transmission of electrical energy, or for the sale thereof at wholesale in interstate commerce...

...the State of Kansas. CIG is an interstate natural gas pipeline company that owns and operates interstate natural gas pipeline facilities and is engaged in the transportation and storage of natural gas...Storage Section and is a resident of the State of Kansas. 7. CIG is subject to federal jurisdiction and regulation by the Federal Energy Regulatory Commission ("FERC") under the...") issued CIG a Certificate of Public Convenience and Necessity under the NGA, finding CIG to be ". . . engaged in the transportation of natural gas in interstate commerce and . . . ...

... PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA, PETITIONER, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT, EL PASO NATURAL GAS COMPANY, SOUTHERN...PRODUCTION COMPANY, EL PASO MUNICIPAL CUSTOMER GROUP, SOUTHERN UNION GAS COMPANY, SOUTHWEST GAS CORPORATION, INTERVENORS. MOJAVE PIPELINE COMPANY, PETITIONER, v. FEDERAL ENERGY REGULATORY COMMISSION...COMPANY, PETITIONER, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT, SOUTHERN CALIFORNIA GAS COMPANY, TRANSWESTERN PIPELINE COMPANY, MOJAVE PIPELINE COMPANY, PUBLIC UTILITIES COMMISSION OF THE STATE OF...

...from the evidence. I. INTRODUCTION Prior to 1999, Maryland utilized a vertically integrated model of electric energy regulation. A single electric utility (such as...”), which restructured, or deregulated, Maryland's electric energy market. The 1999 Act separated the Maryland “utilities' generating assets from their distribution and transmission functions” by...purchase energy on federally regulated wholesale markets. Thus, the utilities and, correspondingly, Maryland ratepayers are directly affected by the wholesale prices determined on the federally...

...) (2000 ed. and Supp. V) (authorizing the Secretary of Transportation to decide whether a state or local statute that conflicts with the regulation of hazardous waste transportation is pre-empted...airbags for all cars. The Department of Transportation (DOT) had promulgated a rule that provided car manufacturers with a range of choices...Stat. 718, 15 U.S.C. § 1381 et seq. (1988 ed.), the Department of Transportation (DOT) had promulgated a Federal Motor Vehicle Safety Standard that “required auto manufacturers to...

...Power Marketing, Inc.; NRG Energy, Inc.; Xcel Energy, Inc.; West Coast Power LLC; Cabrillo Power I LLC; Cabrillo Power II LLC; El Segundo Power LLC; Long Beach Generation LLC, Defendants-Appellees.... Reliant Energy, Inc.; Reliant Energy Services, Inc.; Reliant Energy Power Generation, Inc.; Reliant Resources, Inc.; Reliant Energy Coolwater, LLC; Reliant Energy Ellwood, LLC; Reliant Energy...Etiwanda, LLC; Reliant Energy Mandalay, LLC; Reliant Energy Ormond Beach, LLC, Defendants-Appellees. People of the State of California, ex rel Bill Lockyer, Attorney General of the State of California; Bill...

...D. Lichtman, Fulbright & Jaworski L.L.P., Los Angeles, CA, Roxanna A. Manuel, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA, for Shell Energy North America (U.S.), L.P. Mark E.... Haddad, Michelle B. Goodman, Nitin Reddy, Sidley Austin LLP, Los Angeles, CA, for the defendant CMS entities. Aaron M. Streett, Baker Botts LLP, Houston, TX, for GenOn Energy, Inc. Oliver S. Howard, Amelia..., DC, for Duke Energy Trading and Marketing, L.L.C. Jennifer Gille Bacon, counsel of record, William E. Quirk, Gregory M. Bentz, Anthony Bonuchi, Andrew J. Ennis, Polsinelli PC, Kansas City, MO...

...for air carrier companies that satisfy either of two criteria for operating a hub facility in this state. The purpose of the exemption is to maintain Wisconsin's air transportation system, protect...existing jobs, encourage the development of additional air transportation facilities, and preserve the state's competitiveness in attracting and retaining business and industry. ¶ 2...to both exemptions. ¶ 4. The legislature then provided in Wis. Stat. § 76.02(1) that"`[a]ir carrier company' means any person engaged in the business of transportation in...

.... Taliaferro, Frank Fischl, and Bill Shane, Commissioners, Federal Energy Regulatory Commission, Defendants. Civ. A. No. 85-1514. United States District..., Washington, D.C., for Federal Energy Reg. Com. Charles Hoffman, Chief Counsel, Pa. PUC, Alphonso Arnold, Jr., Harrisburg, Pa., for defendants. Michael Finio, Eugene...of natural gas from among competing gas suppliers. This request is bottomed upon the approval by the Federal Energy Regulatory Commission (FERC) of Kentucky West's gas rates as just and reasonable for...

...this proceeding petitioner, Arkansas Power Light Company, (hereinafter Arkansas) seeks to review orders of the Federal Power Commission determining that Arkansas' sales of electric energy for resale to.... In addition to an extensive network of transmission facilities, these companies generate the bulk of their own electric energy from eighteen...the generating sources in the Middle South System to supply its own requirements. However, where there is a shortage of generation in the Middle South System, electric energy from outside the control...

...Appellees. American Wind Energy Association, et al., Amici on Behalf of Appellants. American Coalition for Clean Coal Electricity, et al., Amici on Behalf of Appellees...Weissman. Gene Grace, American Wind Energy Association, of Washington, DC, and Rick Umoff, Solar Energy Industries Association, of Washington, DC, appeared on the brief of The American Wind Energy...Association and Solar Energy Industries Association. Scott R. Strand of St. Paul, MN, appeared on the brief of Minnesota Center for Environmental Advocacy, Fresh Energy and The Izaak Walton League of...

... MIDDLE SOUTH ENERGY, INC., AND ARKANSAS POWER AND LIGHT COMPANY, APPELLEES, v. ARKANSAS PUBLIC SERVICE COMMISSION; ROBERT E. JOHNSON, COMMISSIONER; PATRICIA S. QUALLS...Mississippi. The Arkansas Public Service Commission, the Attorney General of Arkansas, and a consumer group called Ratepayers Fight Back argue that the district court erred in finding that the Federal Energy...generating facilities, Middle South Energy, Inc., also a wholly-owned MSU subsidiary, was created in 1974 to finance, construct, and operate a two-unit nuclear generating plant to be located in Port Gibson...

.... Appellant (MPL), a subsidiary of Middle South Utilities (MSU), engages in wholesale sales of electricity, which are regulated by the Federal Energy...are subject to the jurisdiction of the Mississippi Public Service Commission (MPSC). MSU formed a new subsidiary, Middle South Energy, Inc. (MSE), to undertake the construction of a nuclear powerplant...subsidiaries and setting forth, inter alia, wholesale rates for the sale of Grand Gulf's capacity and energy. Following extensive hearings in which parties representing consumer interests and...

...: 2.1 The transportation services provided under this Rate Schedule ITS shall be performed under Subparts B and G of Part 284 of the Federal Energy Regulatory Commission's...contents.” See Doc. 84–1. 1. Sea Robin is a natural gas company engaged in the transportation of natural gas, which is subject to FERC jurisdiction.... 2. Sea Robin's Second Revised Volume No. I Gas Tariff was issued on November 22, 2004, approved by the Federal Energy Regulatory Commission (“FERC”), and became effective on...

...and essentially simultaneous, and in the movement or transportation of this energy the same today as prior to 1936? "Mr. Prettyman: Yes. "The Chairman: And is not the timing of deliveries of..., or sale of electric energy, the furnishing of services or facilities in connection therewith, and receipts and expenditures with respect to any of the foregoing: Provided, however, That nothing in...title] shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but shall not apply to any other sale of electric...

..., ex rel BILL LOCKYER, ATTORNEY GENERAL, et al, Plaintiffs, v. RELIANT ENERGY, INC., et al, Defendants. PEOPLE OF THE STATE OF CALIFORNIA, ex rel BILL LOCKYER, ATTORNEY GENERAL, Plaintiff, v. RELIANT...ENERGY, INC., et al, Defendants. PEOPLE OF THE STATE OF CALIFORNIA ex rel BILL LOCKYER, ATTORNEY GENERAL, Plaintiff, v. DYNEGY, INC., et al, Defendants. PEOPLE OF THE STATE OF CALIFORNIA ex rel BILL...LOCKYER, ATTORNEY GENERAL, Plaintiffs, v. MIRANT CORPORATION, et al, Defendants. PEOPLE OF THE STATE OF CALIFORNIA, ex rel BILL LOCKYER, ATTORNEY GENERAL, Plaintiff, v. RELIANT ENERGY, INC., et al...

...of the new legislative session. Surface Mining Control and Reclamation Act of 1977: Hearings on S. 7 before the Subcommittee on Public Lands and Resources of the Senate Committee on Energy and Natural...Resources, 95th Cong., 1st Sess. (1977) (1977 Senate Hearings); Surface Mining Control and Reclamation Act of 1977: Hearings on H.R. 2 before the Subcommittee on Energy and the Environment of the...v. Ashland Oil Transportation Co., 504 F.2d 1317, 1325 (CA6 1974); Pennsylvania v. EPA, 500 F.2d 246, 259 (CA3 1974...

...of Congress when necessary effectively to control interstate transactions, and Congress need not wait until transportation commences in its effort to protect the flow of commerce...involve control of intrastate activities. P. 121. 12. Independently of the prohibition of shipment or transportation of the proscribed goods, the provision of the Act for the suppression of their..." as "trade, commerce, transportation, transmission, or communication among the several States or from any State to any place outside thereof." Section 15 of the statute...

...transportation of a commodity through the channels of commerce; nor can § 922(q) be justified as a regulation by which Congress has sought to protect an instrumentality of interstate commerce or a...struck down a prohibition on the interstate transportation of goods manufactured in violation of child labor laws. Even while it was experiencing difficulties in finding...conducted upon fair terms and without molestation or hindrance." Id., at 351. Even the most confined interpretation of "commerce" would embrace transportation between the...

...., and is therefore subject to the regulatory jurisdiction of the Federal Energy Regulatory Commission ("FERC"). Pursuant to the NGA, the FERC has...regulatory jurisdiction over (1) the interstate transportation of gas (including gas storage used to balance fluctuating demand with supplier deliveries), (2) the interstate sale of gas for resale..., and (3) the natural gas companies engaged in such interstate transportation and sale for resale. Accordingly, the FERC has jurisdiction over...

...U.S.C.A. §§ 717- 717w, which embraces generally the transportation or sale in interstate commerce of natural gas for resale.... § 717(b), 15 U.S.C.A. delineates the jurisdictional scope of the Act: "The provisions of this chapter shall apply...natural-gas companies engaged in such transportation or sale, but shall not apply to any other transportation or sale of natural gas or to the local distribution of natural gas or to the facilities used...

...companies," the Federal Energy Regulatory Commission ("FERC") exercises general regulatory jurisdiction over their facilities and operations..., including transportation, storage, sales (for resale), rates and charges, construction of new facilities, extension or abandonment of service and facilities, and certain other matters. This.... Title 15 U.S.C. § 717a(6) defines a "natural-gas company" as "a person engaged in the transportation of natural gas in i...

..., PLAINTIFFS-INTERVENORS-APPELLANTS, v. UNITED STATES OF AMERICA AND INTERSTATE COMMERCE COMMISSION, DEFENDANTS-APPELLEES, AND SOUTHERN PACIFIC TRANSPORTATION COMPANY, ET AL., DEFENDANTS-INTERVENORS-APPELLEES...transportation remained for the most part unregulated. Accordingly, Congress inaugurated a policy of deregulating railroad rate-setting by enacting the.... The 4R Act defined "market dominance" as "an absence of effective competition from other carriers or modes of transportation, for the traffic or movement to wh...

...that an Act of Congress prohibiting the transportation of such oil in interstate commerce is an attempt on the part of Congress to aid the State in the enforcement of its conservation laws, and thus.... Section 9(c) is unconstitutional. Congress is without power to forbid the transportation of ordinary and harmless commodities in interstate commerce; or to enact an interstate and...Butter, supra. The production of oil and the refining of the same is not commerce, and the purchase, transportation, and storage of oil is not interstate commerce until the same is tendered to a...

.... FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT, SIERRA PACIFIC POWER COMPANY, INTERVENOR. No. 80-2167. United States Court of Appeals, Tenth Circuit.... WILLIAM E. DOYLE, Circuit Judge. This is a petition for a review of an order of the Federal ...the Department of Business Regulation of Utah and the State of Utah. This matter comes to us on a petition for review of an order of the Federal Energy Regulatory Commission, and...

...Nos. 4, 5 and 6, and that amount was included in the judgment of $92,249.23. It is clear that the transportation to Kentucky and then back to West Virginia of the West Virginia gas.... The transportation of the gas began in West Virginia and after passing through Kentucky it ended in this State. Passage of the gas through Kentucky.... 162, 59 L.Ed. 355, used this language: "Transportation between ports of a State is not interstate commerce to the extent of being excluded from...

...recover any balance through commodity rates or volumetric surcharges, borne by both sales and transportation customers. For an overview of these components of Order 500, see K N Energy, Inc. v. FERC... Transmission Access Policy Study Group, et al. Petitioner v. Federal Energy Regulatory Commission, Respondent. Vermont Department of Public Service, et al., Intervenors.... On Petitions for Review of Orders of the Federal Energy Regulatory Commission...

...§ 1(b) of the Natural Gas Act. The Court of Appeals reversed. Held: 1. The actuality of the interstate transportation and resale of a substantial portion of the gas invokes.... 377 U.S. 951. Section 1(b) of the Act provides: "The provisions of this Act shall apply to the ...companies engaged in such transportation or sale, but shall not apply to any other transportation or sale of natural gas or to the local distribution of natural gas or to the facilities used for such...

...Montgomery and the city's mayor. Robinson v. Georgia Dept. of Transportation, 966 F.2d 637, 638 (11th Cir. 1992...will get the product which it asks for and wants to get," and the other is that, "where the owner of a trade-mark has spent energy, time, and money in presenting to the public the product, he is...Raymond Motor Transportation, Inc. v. Rice, 434 U.S. 429, 441, 98 S.Ct. 787, 794...

...-through prohibition trespassed upon the authority of the Federal Energy Regulatory Commission (FERC) under that Act to regulate the wholesale prices of natural gas sold in interstate commerce, for the...contracts permitting producers to pass the increase through to consumers was only incidental. Cf. Producers Transportation Co. v. Railroad.... The applicable principles of pre-emption were recently summarized in Pacific Gas Electric Co. v. State Energy...

... PPL ENERGYPLUS, LLC; PPL Brunner Island, LLC; PPL Holtwood, LLC; PPL Martins Creek, LLC; PPL Montour, LLC; PPL Susquehanna, LLC; Lower Mount Bethel Energy, LLC; PPL New Jersey...Solar, LLC; PPL New Jersey Biogas, LLC; PPL Renewable Energy, LLC; Calpine Energy Services L.P.; Calpine Mid–Atlantic Generation, LLC; Calpine New Jersey Generation, LLC; Calpine Bethlehem, LLC...; Calpine Mid–Merit, LLC; Calpine Vineland Solar, LLC; Calpine Mid–Atlantic Marketing, LLC; Calpine Newark, LLC; Exelon Generation Company, LLC; Genon Energy, Inc.; NAEA Ocean Peaking Power, LLC; PSEG Power...

.... § 79d (a), requires utility holding companies to register with the Commission, if they transmit electric energy or gas in interstate commerce (section 4(a)(1), 15 U.S.C.A...permission of lotteries was a matter reserved to the states by the Tenth Amendment. Congress can prohibit the interstate transportation of livestock known to be infected with a contagious disease.... 442, L.R.A. 1917F, 502, Ann. Cas. 1917B, 1168. So, too, the National Motor Vehicle Theft Act (41 Stat. 324 [18 U.S.C.A. § 408]), punishing the interstate transportation of stolen...

...Supremacy Clause, U.S. Const., Art. VI, cl. 2, because it conflicts with federal law. The proposed pipeline transportation of ethane is subject to regulation by the Federal Energy Regulatory...Commerce Act has been repealed, the parties agree the authority conferred therein upon the Interstate Commerce Commission to regulate pipeline transportation of oil was preserved and eventually transferred... First, they contend that, in the ICA, Congress has legislated comprehensively, occupying the field of regulation regarding interstate pipeline transportation of oil. By designating...

...transportation, transmission, or distribution of, natural or manufactured gas or electric energy in interstate commerce." The nonoperating holding company defendants are not...used for the generation, transmission, or distribution of electric energy for sale. "Gas utility company," a company which owns or operates facilities used for the distribution at retail of natural or...transportation companies" without distinguishing between private and common carriers; the court found that many of the regulations provided for therein could be constitutionally applied only to common...

...Douglas, Arnold Porter, Denver, CO, Jeffrey M. Shohet, DLA Piper Rudnick Gray Cary U.S. LLP, San Diego, CA, for AEP Energy Services, Inc., American Electric Power Company, Inc., Centerpoint Energy Inc...., CMS Energy Corporation, CMS Field Services, CMS Marketing, Service Trading Company, Coral Energy Resources, LP, Duke Energy Corporation, Duke Energy Trading Marketing, LLC, Dynegy Marketing Trade, e...prime Inc., El Paso Corporation, El Paso Merchant Energy LP, Oneoak, Inc., Oneok Energy Marketing Trading Company, LP, Reliant Energy...

...case of the Panama Company. There, the subject of the statutory prohibition was defined. National Industrial Recovery Act, § 9(c). That subject was the transportation in interstate and foreign...given to the President in prohibiting that transportation. Id., pp. 414, 415, 430. As to the "codes of fair competition," under § 3 of the Act, the question is more fundamental...only upon findings, based upon evidence, with respect to particular conditions of transportation. New York Central Securities Co. v...

...Transportation Research forum at 669-70; Henderson, Price, Discrimination Limits in Relation to the Death Spiral, 7 Energy Journal (No. 3) 33, 37 (1986). There...government officials berated pipeline management for failures of supply and constantly predicted continuing energy price escalations. Moreover, as sales and transportation were then wholly bundled, and... ASSOCIATED GAS DISTRIBUTORS, PETITIONER, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT, AIR PRODUCTS AND CHEMICALS INC., ET AL., ALGONQUIN GAS TRANSMISSION...

...jurisdiction to regulate and fix rates for deliveries of gas in intrastate commerce. p. 671. 3. COMMERCE — Subject of Regulation — Transportation of Natural Gas — Interstate Commerce...— Subjects of Regulation — Transportation of Natural Gas — Deliveries from Interstate Pipe Lines to Local Utilities for Resale. — Sales and deliveries of natural gas from...Regulate — Transportation of Natural Gas — Application of Natural Gas Act Limited by Congress. — Where Congress limited the application of the Natural Gas Act to transportation of natural gas in...

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