Energy and Utilities Law Commons^™

State Taxation Of Energy Resources: Are Consuming States Getting Burned?, Nancy E. Shurtz

Vanderbilt Law Review

The Arab oil embargo of 1973 and the severe energy shortage it caused in the United States prompted federal authorities to formulate a national energy policy that would encourage exploitation of domestic energy resources. As the federal government has implemented this energy policy, states rich in natural resources have begun to tax the energy mining and production operations within their borders.

In this Article Professor Shurtz discusses the constitutional limits of this taxation and examines how the revenues from these taxes alter the balance of wealth between energy-producing and energy-consuming states. Professor Shurtz concludes that revisions in revenue sharing formulae, …

Legal Issues Relating To The Canadian National Energy Program, Jean-Paul Lacasse

Vanderbilt Journal of Transnational Law

Since its unveiling on October 28, 1980, Canada's National Energy Program has been commented upon abundantly in government circles, newspaper articles, trade magazines, and financial industry seminars, drawing both oil industry and foreign reactions. It has received less notice in scholarly publications, however, perhaps because it is a complex and continuously changing program that did not become effective until legislation was enacted. The purpose of this Article is to sketch a broad picture of the National Energy Program (NEP) while focusing on its Canadianization aspects, the new oil and gas taxation situation, and the Program's various transnational law implications. As …

Implied Covenants In Oil And Gas Law Under Federal Energy Price Regulation, Jacqueline L. Weaver

Vanderbilt Law Review

This Article seeks to determine whether the federal pricing regulations have imposed new duties on the lessee in his relationship to a lessor, and, if so, the nature, scope, and consequences of those duties. The Article contends that the federal pricing schemes in oil and gas will lead to a renaissance of certain implied covenants that the law has traditionally recognized--albeit now framed in a new setting. The Article focuses on those issues that are likely to require resolution under both the implied covenant to market and the less well-known implied covenant to seek favorable administrative action.

The Role Of Warranties And Product Standards In Solar Energy Development, William H. Lawrence, John H. Minan

Vanderbilt Law Review

This Article examines the use of warranties and product standards in solar marketing as ways to bring about the needed confidence in and acceptance of solar equipment. The first part of the Article analyzes relevant warranty law from the perspectives of solar sellers and buyers. Some government and private groups have argued that warranties can provide the needed impetus for solar development, and there is thus a great tendency today to view warranties as the means to encourage solar usage. The premise advanced in this part of the Article, however, is that warranty law, operating independently, is unlikely to instill …

Nuclear Power And Non-Proliferation: The View From Brazil, James P. Rowles

Vanderbilt Journal of Transnational Law

This article contains a hypothetical memorandum written by a hypothetical Brazilian policymaker, together with a hypothetical draft Brazilian proposal for the establishment of an International Plutonium Storage regime. None of these materials should be interpreted as a statement of policy by any Brazilian official or by the Republic of Brazil...

This article consists primarily of a hypothetical review memorandum written for Brazilian President Joao Baptista Figueiredo by a hypothetical Brazilian policymaker offering advice on two issues of immediate concern to Brazil. The first involves proposals for the establishment, under International Atomic Energy Agency (IAEA) auspices, of an International Plutonium Storage …

Book Reviews, Edward C. Brewer, Iii., W. Paul Gormley, Allaire U. Karzon.

Vanderbilt Journal of Transnational Law

DIRECT INVESTMENT AND DEVELOPMENT IN THE U.S.: A GUIDE TO INCENTIVE PROGRAMS, LAWS AND RESTRICTIONS 1980-1981

Raymond Waldmann

Washington D.C.: Transnational Investments, Ltd.; London: Kluwer Publishing, 1980. Pp. viii, 443. $75.00, London £45 plus £1 surface mail.

Reviewed by Edward C. Brewer, III.

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NUCLEAR ENERGY AND NUCLEAR WEAPON PROLIFERATION

Frank Barnaby, Jozef Goldblat, Bhupendra Jasani, and Joseph Rotblat,eds. Published for the Stockholm International Peace Research Institute. London: Taylor & Francis, 1979. Pp. xxiv, 462.

Reviewed by W. Paul Gormley

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INTERNATIONAL ASPECTS OF U.S. INCOME TAXATION Vois. I and III

Elisabeth Owens Boston, Mass.: Harvard Law School, 1980. Pp.305. …

The Canadian National Energy Program: An Example Of Assertion Of Economic Sovereignty Or Creeping Expropriation In International Law, Errol P. Mendes

Vanderbilt Journal of Transnational Law

The Canadian National Energy Program provides insight into the critical global debate on the expropriation of alien investors' property. Sovereign states can no longer expropriate by forced and outright transfers of an alien's assets without any compensation. States which expropriate in this manner face massive retaliation from the powerful capital-exporting countries through, inter alia, the cutting of trade and commercial ties, the freezing of assets, retaliatory diplomatic moves, and court action in the home state of the investors. The principles of international law and policy concerning expropriation are gradually evolving through diplomatic negotiations, international and domestic courts and tribunals, resolutions …

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

ACCESS TO ENERGY: 2000 AND AFTER

By Melvin A. Conant

Lexington: The University Press of Kentucky, 1979. Pp. 134.

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THE CHEYENNE WAY: CONFLICT AND CASE LAW IN PRIMITIVE JURISPRUDENCE

By K.N. Llewellyn and E. Adamson Hoebel Norman:

University of Oklahoma Press, 1978. Pp. 360.

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CHINESE LEGAL TRADITION UNDER THE MONGOLS: THE CODE OF 1291 AS RECONSTRUCTED

By Paul Heng-chao Ch'en.

Princeton: Princeton University Press, 1979. Pp. 205.

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EUROPEAN CAPITAL MARKETS: TOWARDS A GENERAL THEORY OF INTERNATIONAL INVESTMENT

By Bruno H. Solnik

Lexington, Massachusetts: Lexington Books, 1973. Pp. 114.

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MODERN INTERNATIONAL LAW

By R.C. Hingorani

Oceana: Dobbs …

Natural Gas Rate Design: A Neglected Issue, Richard J. Pierce, Jr.

Vanderbilt Law Review

The theses of this Article are: (1) the present method of allocating natural gas costs among consumers produces significant allocative inefficiency that has contributed to the present problems in the natural gas market and is certain to create even greater problems in the future; (2) the new rate designs suggested over the past years in regulatory and congressional debates would do little to eliminate the allocative inefficiency inherent in present rate designs and would introduce unnecessary collateral problems; (3) several approaches to the rate design issue potentially could eliminate or greatly reduce allocative inefficiency at a tolerable cost; and (4) …

The Changing Framework Of Concession Agreements And The Oil Industry, Journal Staff

Vanderbilt Journal of Transnational Law

This Symposium presents discussions of various aspects of the subject of the changing framework of concession agreements and the oil industry. Dr. Zuhayr Mikdashi analyzes policy considerations that influence developing nations seeking greater benefit from their resources, and presents several suggestions for increased cooperation among developing countries. Dr. Theodore Moran offers a critical evaluation of traditional United States investment policies and advocates a modified concession agreement aimed at minimizing friction between the parties. Mr. James Jensen concludes the Symposium with a comprehensive analysis of recent trends in company-state relations in the Middle East.

The Energy Crisis: The Need For Antitrust Action And Federal Regulation, P. Scott Dye, Samuel H. Gillespie, Iii, Steven P. Howard, Franklin M. Tatum

Vanderbilt Law Review

The energy industry faces a crisis--an energy shortage that may not be alleviated for a number of years. Unlike the transitory regional supply shortages of the past, the present crisis is far more pervasive,threatening the industrial and economic progress of the nation. Authorities have predicted that this energy gap, spurred on by the convergence of a variety of circumstances affecting the delicate balance of supply and demand, will have collateral consequences that stagger the imagination, including sharp buyer competition for scarce fuel supplies and spiraling consumer prices for basic fuel services. The very existence of the crisis raises many grave …

Some Legal And Economic Aspects Of Industrial Development Financing, Everett H. Falk

Vanderbilt Law Review

The increasing popularity of industrial development financing suggests that there are considerable benefits to be gained from the intelligent use of these plans. However, before a community commits itself to a particular industrial development project it should develop a clear concept of the direction in which the community is to move and it should seek to define its long-range economic objectives in the context of its ability to support industrial growth and its economic relation to other regions. The states themselves can, with professional assistance,undertake studies to define regional objectives; but statutory standards implemented by state agencies are necessary to …

Aec Production And Distribution Of Radioisotopes: State Trading In A Free Enterprise Economy, E. Blythe Stason

Vanderbilt Law Review

Among the one hundred or so business-type activities of the Government are certain operations of the Atomic Energy Commission. In this article we shall examine the origin, growth and usefulness of just one phase of these AEC activities, that is, the production and distribution of radioisotopes. This activity is singled out for emphasis partly because of the remarkable success story resulting from the use of such isotopes, but more especially because of an unusual and even unique aspect of "state trading" introduced into the business by the AEC. We refer to, and shall explain in some detail, an unusual self-limiting …

Expanding Jurisdiction Of The Federal Power Commission And The Problem Of Federal-State Conflict, William A. Campbell

Vanderbilt Law Review

After exploring federal-state conflicts in the granting of licenses for hydro-electric projects, it is clear that, thus far, the FPC has won most of the disputes; and this is not altogether bad, for there are certainly legitimate national interests to be protected here. But there are also legitimate state interests to be protected, not out of concern for the preservation of federalism as a political theory, but because the state is the political unit with the primary concern and responsibility for certain matters and because it can administer and regulate those matters with a higher degree of effectiveness than can …

New Approaches By The Fpc / Scope Of Judicial Review, Charles E. Mccallum, Joel Porter

Vanderbilt Law Review

New Approaches By the FPC to the Regulation of Natural Gas Producers: an Evaluation

Since 1954 the independent producers of natural gas have been regulated by the Federal Power Commission, operating under the Natural Gas Act' as construed by the Supreme Court in the Phillips case. The results of this regulatory activity have been frustration and delay. Recently the Commission has taken steps to relieve some of its miseries. It has instituted a new approach to producer regulation, area pricing,and it has by regulation outlawed the use of certain contract provisions, indefinite price adjustment clauses, deemed especially harmful to the …

Agency--1963 Tennessee Law, John S. Beasley, Ii

Vanderbilt Law Review

The Union Carbide and Ferguson cases were suits to recover Tennessee sales taxes and use taxes paid under protest for 1956 and 1958. Carbide and Ferguson urged that since they were under contract to the Atomic Energy Commission, the legal incidence of the tax was on the United States directly and therefore invalid. Carbide had been secured in 1943 to manage and operate certain plants involved in work on the atomic bomb, and Ferguson had subsequently been engaged to build additional facilities for this purpose. Both contended that their relationship with the United States and the Atomic Energy Commission was …

Cost Adjustment In Utility Rate Schedules, Joe H. Foy

Vanderbilt Law Review

For many years public utilities and regulatory commissions have been greatly concerned over the time and expense involved in proceedings relative to utility rates. Few types of legal proceedings are more complex, intricate and expensive than the full-blown utility rate case, with its myriad problems in valuation, economics, accounting, law and engineering. Particularly during inflationary periods, such as the present, mounting expenses of operation confront utilities and commissions with the dismal prospect of repeated applications for rate adjustment and formal hearings thereon. It is not surprising that techniques have been sought to simplify the rate making process, consistent with the …

Interstate Compacts As A Device To Develop And Regulate Atomic Energy, W. Harold Bigham

Vanderbilt Law Review

When the Congress adopted the Atomic Energy Act of 1954, releasing the atom from federal monopoly and inviting the division of regulatory and control functions between the federal government and the states, the gates were opened for large-scale participation by private industry in the new technology. It was natural, therefore, that the states should begin to view with awakened interest the role which they are to play in the development and regulation of this new source of energy. However amorphous the role of the states may be as yet, some preparation is being made to accept the responsibilities which will …

Radiation Protection Regulation: An Opportunity For Cooperative Federalism, Robert L. Hamilton, William A.W. Krebs, Jr.

Vanderbilt Law Review

The purpose of this article is to explore the question of how governmental responsibility for regulation of radiation hazards associated with atomic energy activities may best be allocated between the federal government and the states. While division of such responsibility is theoretically not essential--it being legally conceivable that the federal government could shoulder the entire responsibility alone or could leave it entirely to the states--various factors which will be mentioned below appear to make some sort of division of responsibility a practical necessity. To explore this question of division of responsibility, we shall first review the nature of radiation and …

Federal Support Of Domestic Atomic Power Development -- The Policy Issues, James L. Morrisson

Vanderbilt Law Review

The possibility that controlled nuclear fission could produce useful energy was recognized early in 1939. During World War II developmental effort was focused on production of the bomb. Since the war, the U. S. atomic power program has grown to substantial proportions.By June 30, 1958, there were in operation in the United States one full scale civilian power reactor and seven civilian power reactor experiments, with a total rated electrical capacity of over 77,000 kw, as well as a number of military propulsion reactors and reactor experiments. There are currently planned fourteen power reactors in addition to the one now …

Labor Relations In The Atomic Program, David B. Johnson

Vanderbilt Law Review

As in other areas of the United States program, the most pervasive influence in labor relations in atomic energy has been the federal government. The non-government sector is expanding rapidly in terms of the number of companies launching atomic energy operations, but this expansion is still in the exploratory and research and development stage. During this period of development in the private sector of the industry employers have relatively heavy need for engineering and technical skills and less for manual workers who are more susceptible to union organization. Although some problems for management and labor in the private sector of …

The Legal Aspects Of The Development Of Atomic Energy In The United Kingdom, C. J. Highton

Vanderbilt Law Review

The United Kingdom Atomic Energy Authority was constituted as a public corporation in 1954 by the Atomic Energy Authority Act.' The Government had decided in the previous year that the atomic energy undertaking, then in the hands of the Minister of Supply, should be transferred to a non-departmental organization and a committee of three under the chairmanship of Lord Waverley had been appointed to devise a plan for the transfer and to work out the most suitable form for the new organization. The committee fulfilled their task with admirable clarity, but many legal problems arose in drafting the bill, which …

The Lawyer's Duties And Responsibilities In The Nuclear Age, Leo A. Huard

Vanderbilt Law Review

This nation is now well into the formative years of an industrial revolution founded upon the peaceful uses of nuclear energy.' What we do as a nation in the next several years with this versatile tool which science has presented to us will literally determine the "shape of things to come" for ourselves and for the world. Among other things, this industrial revolution, like its predecessor, will force us to reassess and revise legal doctrines which have become fixed and familiar through time and widespread use. In simple terms, the coming changes in trade and industry are bound to affect …

Atomic Energy And World Trade, Aley Allan

Vanderbilt Law Review

In what follows an attempt is made first to arrive at an estimate of the pattern and the volume of trade in atomic equipment and services in the areas and for the period under discussion (1960-1970); and then a brief survey is attempted of the principal problems affecting this trade. Most of what is discussed is not the usual stuff of a legal periodical. But it will be apparent that a great deal of it has important implications for lawyers and lawyering. In any case one may be forgiven, perhaps, for trying to describe in skeletal form the context in …

International Cooperation In The Peaceful Uses Of Atomic Energy, David F. Cavers

Vanderbilt Law Review

Today cooperation in the peaceful uses of atomic energy is occurring under bilateral agreements between the major atomic powers--the United States, the United Kingdom, and the Soviet Union--and many other nations. Schemes of cooperation on a regional basis are well advanced in Europe and are emerging elsewhere. A new international agency with an almost world-wide constituency, Communist China being the chief omission, has come into being. After a three-year interval, the second of two great international conferences for the exchange of knowledge concerning nuclear fission and thermonuclear fusion was held in Geneva in the past summer. At Geneva, American scientists …

Workmen's Compensation And Radiation Injury, Gerald L. Hutton

Vanderbilt Law Review

The utilitarian and research value of radioisotopes, x-ray and fluoroscopic devices, cyclotrons and other particle accelerators, nuclear reactors, and other materials or devices emitting ionizing radiation is unquestioned. Ionizing radiation, however, can prove harmful as well as beneficial depending upon the care which is exercised in its use. Numerous cases of x-ray and radium injuries are reported in the literature, such injuries dating from 1896 when Roentgen first announced the discovery of x-rays. The most publicized cases of radiation injury are those occurring in the radium poisoning or "dial painters" cases in the 1920's. Unlike most noxious materials encountered in …

Atomic Energy And The Law: A Bibliography, Eileen M. Murphy

Vanderbilt Law Review

To compile a bibliography, it is a prerequisite that one be a lover of books. It is hoped that this paper will be of assistance to those in need and secondarily, that it might possibly open the world of the bibliophile to many others and give Brooklyn a little competition. Atomic energy is a fascinating field for the bibliographer; the surface has yet to be scratched. The work presented is divided into seven sections:

I. Atomic Energy Legislation, 1946-1958.

II. Publications of the Joint Committee on Atomic Energy, 1945/46-1958.

III. Books. (Annotated.)

IV. Periodicals-U. S. and Foreign. (Annotated.)

V. Selected …

Tva: A Democratic Method For The Development Of A Region's Resources, Gordon R. Clapp

Vanderbilt Law Review

The world is searching for better and more efficient ways to use natural resources without loss of individual freedom or the destruction or negation of the initiative and energies of individuals. The Tennessee Valley is demonstrating that this can be done; that the people--farmers, workers, businessmen and citizens generally-- can mobilize their energies around the use of a great river and the more productive development of the forests and the minerals and the soil. The people of this Valley have proved that as they do these things agriculture and industry thrive and diversify and the individual finds greater freedom of …