2001 Supreme Court term

NEW YORK, ET AL. v. FEDERAL ENERGY REGULATORY COMMISSION, ET AL.

Dockets 00-568Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The dispute centers on whether states have the authority to regulate electricity transmission, or whether that authority belongs to the Federal Energy Regulatory Commission (FERC).

Petitioners argue that states should be able to set retail rates that include transmission costs, while respondents contend that FERC has jurisdiction over transmission but may choose not to exercise it.

Background and question before the Court

According to Justice, justices asked whether, in the absence of a specific statute, states could directly regulate energy transmission under the Commerce Clause.

According to Justice, justices also questioned whether FERC has the power to assert jurisdiction over transmission and whether it must exercise that power, distinguishing between legal authority and policy choice.

What each side argues

New York (Petitioner)

The State argues that when setting a retail electricity rate, it must consider all components of the cost, including transmission service.

Federal Energy Regulatory Commission (Respondent)

According to FERC, fERC asserts it has jurisdiction over transmission under the wholesale sales and transmission clauses of the statute.

According to FERC, fERC acknowledges it could choose not to exercise its jurisdiction over transmission.

According to FERC, interpreting the statute under Chevron, FERC concluded the agency could go either way regarding jurisdiction.

According to Respondent (Mr. Cohen), according to Respondent (Mr. Cohen), respondent Mr. Cohen stated that states have plenary power to regulate retail customers but must respect FERC's jurisdiction over transmission.

According to Respondent (Mr. Kneedler), according to Respondent (Mr. Kneedler), respondent Mr. Kneedler said Order 888 respects and complements state regulatory jurisdiction over transmission and the sale of electric energy.

Enron Power Marketing, Inc. (Petitioner)

According to Enron, enron seeks to apply an open‑access pricing provision to the transmission component of electricity sales, even in states with monopoly utilities.

What happened at oral argument

The oral argument concluded with the case being submitted.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 1197d6a7c6439095855b-r1-d335501401b3d880.pdforal argument transcript

Guide generated September 19, 2026. Automated validation accepted this version.