FERC v. EPSA: Functionalism and the Electricity Industry of the Future

This article examines the Supreme Court’s recent decision in Federal Energy Regulatory Commission v. Electric Power Supply Association. It argues that the decision represents a deeply functional and pragmatic approach to the Federal Power Act. That approach, it concludes, represents a promising development for the future of electricity regulation, especially for programs such as net metering and New York’s Renewing the Energy Vision proceeding.

Author: Matthew Christiansen

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