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E-Notes provides regular briefings on new developments in global energy and public utility law. March 6, 2001 Supreme Court Grants Review of FERC Order No. 888 Earlier last week, the United States Supreme Court granted two petitions for certiorari to review the D.C. Circuit's decision in Transmission Access Study Group v. FERC, 225 F.3d 667 (2000) regarding FERC Order No. 888, which required open-access and non-discriminatory transmission service. The Supreme Court has agreed to review legal challenges set forth in separate petitions filed by several states led by New York and Enron Power Marketing. The issue the multi-state petition presents for review is whether FERC may preempt state jurisdiction over energy transmitted from generators to retail customers in the same state. The Court also granted Enron's petition to consider two far-reaching questions with major implications for the power industry: (1) does FERC have jurisdiction to regulate all transmission in interstate commerce, including transmission for bundled retail sales; and (2) does the Federal Power Act obligate FERC to eliminate undue discrimination by requiring transmission-owning utilities to provide service on the same terms to all users, including bundled retail sales? The Court has joined the two petitions for purposes of oral argument and decision. Oral arguments in the two cases will not be scheduled before October 2001 and a decision is not likely until 2002. Michael J. Zimmer John A. Cohen ____________________________________________________________________________ E-Notes is a publication of Baker & McKenzie. It does not constitute legal advice or a legal opinion on any specific facts or circumstances. The contents are intended as general information only. You are urged to consult your attorney concerning your situation and specific legal questions you may have. For further information on the subjects discussed in E-Notes, contact Michael J. Zimmer, michael.j.zimmer@bakernet.com or Jonathan W. Gottlieb jonathan.w.gottlieb@bakernet.com. For more information about BAKER & McKENZIE, click on our business card: <<Baker McKenzie Business Card.htm<< or visit out website at http://bakernet.com. - Baker McKenzie Business Card.htm
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