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Articles 1 - 24 of 24
Full-Text Articles in Energy and Utilities Law
The Electrical Deregulation Fiasco: Looking To Regulatory Federalism To Promote A Balance Between Markets And The Provision Of Public Goods, Jim Rossi
Michigan Law Review
Over the last thirty years, regulators have deregulated just about every regulated industry. In no industry has deregulation raised as much fear and concern as in electric power markets. Even before the Enron debacle, a crisis that is more about the failures of corporate than regulatory law, it was clear that something had gone seriously wrong in the turn towards deregulation of electric power. Recent events in California are illustrative. In early 2000, consumers in California, the first state to deregulate retail power markets on a mass scale, saw repeated months of power interruptions. Many utility customers experienced a risk …
Powerline: The First Battle Of America's Energy War, Michigan Law Review
Powerline: The First Battle Of America's Energy War, Michigan Law Review
Michigan Law Review
A Review of Powerline: The First Battle of America's Energy War by Barry M. Casper and Paul David Wellstone
Restrictions On Electric Utility Advertising, Michigan Law Review
Restrictions On Electric Utility Advertising, Michigan Law Review
Michigan Law Review
This Note reconsiders the constitutionality of New York's restriction on advertising by electric utilities. Section I explains how and why the Supreme Court's current analysis of the first amendment distinguishes commercial speech from other forms of speech. Section II looks at what protection is due commercial speech and weighs the competing interests in the specific context of utility advertising. The Note concludes that states may restrict utility advertising to encourage energy conservation.
Representation Of The Public Interest In Michigan Utility Rate Proceedings, Michigan Law Review
Representation Of The Public Interest In Michigan Utility Rate Proceedings, Michigan Law Review
Michigan Law Review
Although the Free Press study centered on political and economic issues, the operation of the Michigan Public Service Commission also raises significant issues regarding the role of public intervenors, agency compliance with statutory requirements, statutory construction, and legislative response to regulatory deficiencies. This Comment will consider the representation of the public interest in Michigan utility proceedings in the context of rate cases involving the state's major utilities. While such an analysis does not reach the breadth of activities performed by the Commission, it is suggestive of the extent to which the Commission is responsive to the public interest generally. Following …
Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review
Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review
Michigan Law Review
Pending litigation between the Minnesota Pollution Control Agency and Northern States Power Company presents a potential federal-state conflict over the right of a state to impose upon operators of nuclear power plants more exacting pollution control standards than those required by regulations of the Atomic Energy Commission (AEC). The AEC issued Northern States Power Company a permit to construct a nuclear power generating plant in Monticello, Minnesota. The regulations under which that permit was issued place a ceiling on the amount of radioactive effluents which can be discharged into the air during the course of the plant's operations. But under …
State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman
State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman
Michigan Law Review
The purpose of this article is to set forth the nature of the intergovernmental problem. This involves an analysis of the extent and limitations of federal power, a determination of congressional intent on the issue of federal pre-emption, and an appraisal of the steps now being taken by the Atomic Energy Commission to turn over part of the radiation safety regulatory program to the states.
Constitutional Law - Delegation Of Legislative Power - Use Of State Agency Classification As Basis For Federal Law, James Tobin
Constitutional Law - Delegation Of Legislative Power - Use Of State Agency Classification As Basis For Federal Law, James Tobin
Michigan Law Review
Under provisions of the Federal Coal Mine Safety Act a coal mine is classified as gassy within the meaning of the act, and certain precautionary measures are thereby required, when the U. S. Bureau of Mines finds that the mine atmosphere fails to meet tests set forth in the act or when the mine is found to be a "gassy or gaseous mine pursuant to and in accordance with the laws of the State in which it is located." One of appellant's coal mines was classified as gassy by the West Virginia Department of Mines. When appellant failed to comply …
Competitive Operation Of Municipally And Privately Owned Utilities, Charles M. Kneier
Competitive Operation Of Municipally And Privately Owned Utilities, Charles M. Kneier
Michigan Law Review
Public utility services for cities are usually provided on the principle of regulated monopoly. It has been found that by the very nature of the utility business, better service can be had and at cheaper rates by the use of one supplier rather than by the use of competing plants: This one plant having a monopoly of the business may be either privately or municipally owned. If the service is furnished by a privately owned utility, regulation is usually by a state commission, but in a few states regulation is still largely by the city in which the company operates. …
Federal Courts - Conflict Between The Federal Declaratory Judgments Act And The Johnson Act, Spencer E. Irons
Federal Courts - Conflict Between The Federal Declaratory Judgments Act And The Johnson Act, Spencer E. Irons
Michigan Law Review
Plaintiff gas company contracted with defendant city to furnish gas from a certain field at rates fixed by ordinance. Plaintiff reserved the right, when this field became insufficient, to furnish gas from other fields at rates to be adjusted in accordance with the increased cost. In a suit in the federal district court for a declaratory judgment, plaintiff sought a determination that the local field had become insufficient, and that it was necessary to furnish gas from other fields. Plaintiff alleged that defendant city refused to recognize the changed conditions and insisted that plaintiff continue to furnish gas at the …
Public Utilities - Municipal Corporations - Power Of Municipal Corporations To Regulate Public Utility Rates - Finality Of Such Regulation, John S. Pennell
Public Utilities - Municipal Corporations - Power Of Municipal Corporations To Regulate Public Utility Rates - Finality Of Such Regulation, John S. Pennell
Michigan Law Review
Since the decision in the case of Munn v. Illinois it has been settled that where property is devoted to a public use and is charged with a public interest, the state may prescribe reasonable rates for such public service. However, the question then arises as to the manner in which the state may prescribe these rates, through what agencies it may act, and the effect on the total picture of rate regulation within a state after there has been action by one of the proper agencies. The answers to these questions depend to a large extent upon the particular …
Public Utilities - Due Process - Validity Of Order Reducing Intrastate Telephone Rates To Conform To Interstate Rates, Michigan Law Review
Public Utilities - Due Process - Validity Of Order Reducing Intrastate Telephone Rates To Conform To Interstate Rates, Michigan Law Review
Michigan Law Review
The Pennsylvania Public Utility Commission, by order of March 15, 1938, required appellant, the Bell Telephone Company of Pennsylvania, to reduce its intrastate toll rates for distances exceeding thirty-six miles so as to conform to rates charged by the American Telephone and Telegraph Company for comparable distances for interstate services. After full hearing the commission based its order upon .findings that the interstate American Company offered at substantially lower rates the very same service, with identical facilities, accorded by its intrastate subsidiary, plus the additional service furnished by a connecting company, and that hence the higher intrastate rates constituted an …
Inconsistencies In Public Utility Depreciation: Deduction Of Depreciation For Rate Base Purposes, Robert D. Haun
Inconsistencies In Public Utility Depreciation: Deduction Of Depreciation For Rate Base Purposes, Robert D. Haun
Michigan Law Review
When considering depreciation for rate base purposes the courts and the commissions speak of accrued depreciation, existing depreciation, actual depreciation, complete depreciation, realized depreciation, incomplete depreciation, and observed depreciation. Accrued, existing and actual depreciation all have the same meaning.
Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell
Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell
Michigan Law Review
The charter of the city of Texarkana, Texas, provided that none of the privileges usually granted public utilities should be enjoyed in the city except such as were permitted by franchise given by the city council, and that such franchises should expressly reserve the right of regulating the utilities. The city entered a franchise agreement with respondent utility by which rates charged in the Texas city were not to be higher than those charged in another part of the city which was in Arkansas. The Arkansas rates were lowered by judicial action, and this proceeding was to enforce the lower …
Public Utilities - Power Of City To Reduce Rates Allowed By Franchise, M. D. Blackwell
Public Utilities - Power Of City To Reduce Rates Allowed By Franchise, M. D. Blackwell
Michigan Law Review
The city of Miami gave a franchise to a utility to sell electric power, providing that after a stated period of time it should have the right to charge rates which would enable it to have an annual return of at least ten per cent on the rate base over and above operating expenses. The right to set rates, however, was made "subject to the lawful regulatory authority of the city or state commission having jurisdiction," and it was further provided that "this grant shall at all times be subject to the right of the state of Florida, directly or …
Public Utilities - Rate Regulation - Reproduction Cost And Prudent Investment As Factors In Determining "Fair Value", Erwin B. Ellmann
Public Utilities - Rate Regulation - Reproduction Cost And Prudent Investment As Factors In Determining "Fair Value", Erwin B. Ellmann
Michigan Law Review
At a hearing conducted by the California Railroad Commission, the existing gas rates charged by a utility were deemed unreasonable, and a new schedule of rates was prescribed. The commission, in determining the rate base, used historical cost exclusively, and refused to attach any weight to the present cost of reproducing the properties. A three-judge federal court enjoined the enforcement of the rates without making a finding that as prescribed the rates were confiscatory. Held, by a majority of the Court, the trial court was without power to enjoin the enforcement of the rates, regardless of the method of …
Public Utilities-Injunction Restraining Enforcement Of Rate Order Of State Commission-Jurisdiction Of Federal Court Under Johnson Act
Michigan Law Review
Plaintiffs sued in a federal district court for an injunction restraining enforcement of an order of the Corporation Commission of Oklahoma reducing gas rates. The plaintiffs alleged that the new rates were confiscatory and in violation of due process of law under the Fourteenth Amendment. It appeared that there was much uncertainty in the decisions of the Supreme Court of Oklahoma as to whether the appeal to that court from the orders of the Corporation Commission were legislative or judicial. Held, that in view of the uncertainty of an opportunity for judicial review of the orders of the Commission, …
Public Utilities - Charging Companies With Expense Of Investigation - Constitutionality
Public Utilities - Charging Companies With Expense Of Investigation - Constitutionality
Michigan Law Review
A Washington statute provides that whenever the public service commission shall deem it necessary in the performance of its duties to make any investigation or valuation of a public service company, the public service company shall pay the expenses reasonably attributable thereto. The statute provides that the commission, after giving an opportunity to be heard, "shall render a bill therefor or for such part thereof as it may find necessary and reasonable." In an appeal by certain public service companies from an assessment made by the commission, held, the statute was unconstitutional because of denial of equal protection of …
Public Utilities - Holding Companies - Power Of State Commission To Regulate Intercorporate Charges
Public Utilities - Holding Companies - Power Of State Commission To Regulate Intercorporate Charges
Michigan Law Review
The Public Service Commission of Kansas issued an order directing nine local gas companies to cease setting up as an item of operating expense more than a certain amount for gas being furnished the companies by an interstate pipe line company. The nine distributing companies and the pipe line company, all of which were affiliated companies within the meaning of a Kansas statute and ultimately controlled by the same holding company, secured an injunction in the three-judge federal court, and the commission appealed to the United States Supreme Court. Held, that the injunction should not have been granted. State …
Public Utilities-Street Railway Regulation By State Commission In Home Rule City-Permission To Withdraw From Service
Michigan Law Review
A street railway company, located in a city with a home rule charter adopted in accordance with the state constitution, petitioned the state railway commission and was granted authority to curtail its transportation by buses. The company had been in bad financial condition during recent years; the number of passengers carried had been substantially decreasing, and the company was not able to pay full interest on bonded debt. Upon the insistence of the city, the company had put bus lines in operation several years earlier and these had continually been operating at a deficit. Upon appeal, the court held that …
Public Utilities-Rate Base-Allowance For Depreciation
Public Utilities-Rate Base-Allowance For Depreciation
Michigan Law Review
Plaintiff toll bridge company appealed from an order of the Pennsylvania Public Service Commission which set a value for rate-making purposes on their bridge property, constructed in 1924-25, identical to the original valuation order of 1926, for the rate-base as of February 2, 1932. The order allowed a depreciation deduction annually which, with 4 per cent simple interest, would amount to enough to replace the bridge at the end of its estimated period of usefulness. The company claimed the order was confiscatory, as based solely on original cost, without taking into account current cost of reproduction; and that interest should …
The Municipality As A Unit In Ratemaking And Confiscation Cases, Robert D. Armstrong
The Municipality As A Unit In Ratemaking And Confiscation Cases, Robert D. Armstrong
Michigan Law Review
The recent decision of the Supreme Court of the United States in the so-called Martinsville case has been interpreted by some critics as laying down a "municipal unit doctrine" of rate making, denying to a system utility the right to earn from its entire operations a fair return on the value of its entire property, and substituting therefor a "bundle of rights" to earn in each "municipality" served a fair return on the value of the property used and useful therefor.
Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch
Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch
Michigan Law Review
The far-reaching contest being waged between the advocates of municipal ownership of public utilities and the private ownership group, between those who "want the government to get out of business" and those who desire to see an increase in its proprietary functions, has produced a number of sharp legal controversies. One of the most interesting of these, recently litigated in a number of state courts, is whether an obligation incurred for the purchase or repair of a municipally-owned utility is a "municipal debt" within the meaning of constitutional or statutory debt limits. Because of the wide-spread interest in, and the …
Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature
Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature
Michigan Law Review
The Dry Dock Company was given franchises by the legislature to operate street railways in New York City, by Laws 1860, c. 512, and Laws 1866, cc. 866, 868, 883. These special laws fixed a five-cent maximum fare. Much later, the Public Service Commission Law (Cons. laws, c. 48) was enacted. Sec. 29 of this provided that, "unless the commission otherwise orders, no change shall be made in any rate * * * which shall have been filed and published by a common carrier * * * except after 30 days' notice to the commission * * * and all …
Public Utility Valuation For Rate Making Purposes
Public Utility Valuation For Rate Making Purposes
Michigan Law Review
Ever since Munn v. Illinois (1876) 94 U. S. 113, which first decided that the charges to be made for services rendered by public utilities were to be subject to governmental regulation, the courts have been confronted with a problem, so elusive and indefinite, that over five decades of litigation and wrangling have failed to provide a satisfactory solution. The so called "rule" of Smyth v. Ames (1898) 169 U. S. 466, specifying the elements to be considered in ascertaining the value of public utilities for the purpose of rate-making, has only served to submerge the problem further in its …