I rise to specifically support section 16023 of H.R. 6, which clarifies state and federal jurisdiction over the regulation of electricity. When Congress enacted the Federal Power Act in 1935, it limited federal regulatory authority over electricity in section 201(a) of that Act to ``the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce.'' It further stated in that section that ``Federal regulation . . . [shall] extend only to those matters which are not subject to regulation by the States.'' Bundled retail sales of electric service, including the transmission component of such service, is a matter that was subject to regulation by the states in 1935 (and well before), and is still a matter regulated by many states today. Yet despite the clear language of the statute, and the clearly established fact of state regulation, the Federal Energy Regulatory Commission (FERC) is proposing under its `'standard market design'' (SMD) proposal to regulate the transmission component of bundled retail sales of electricity in place of the states.
Editor's note · Context
Discussing the regulation of electricity and federal authority under the Federal Power Act.
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