Partnership, Not Preemption

Deck: 

How state-sponsored planning can fit with FERC’s capacity markets.

Fortnightly Magazine - December 2013
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Two cases decided recently in federal court have reignited the long-standing debate over the jurisdictional boundary between federal and state regulation of the electricity business.1 The plaintiffs in both cases argued that because the Federal Energy Regulatory Commission (FERC) had created a capacity market within the PJM regional transmission organization, the states were preempted from playing their traditional role in resource planning. In a companion argument, they claimed such state action would unduly restrict interstate commerce.

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