18 C.F.R. § 35.27
Authority of State commissions
Nothing in this part—
(a) Shall be construed as preempting or affecting any jurisdiction a State commission or other State authority may have under applicable State and Federal law, or
(b) Limits the authority of a State commission in accordance with State and Federal law to establish
(1) Competitive procedures for the acquisition of electric energy, including demand-side management, purchased at wholesale, or
(2) Non-discriminatory fees for the distribution of such electric energy to retail consumers for purposes established in accordance with State law.
Notes of Decisions
Cited in 2
cases, 1988–1990 · leading case: State Ex Rel. Utils. Comm'n v. Nantahala Power & Light Co., 388 S.E.2d 118 (N.C. 1990).
State Ex Rel. Utils. Comm'n v. Nantahala Power & Light Co., 388 S.E.2d 118 (N.C. 1990). “Conservation of Power, Water Resources, 18 C.F.R. § 35.27 (1989). This Notice and the Order applied only to electric utilities even though the TRA-86 applied uniformly to all utilities.”
Carolina Power & Light Co. v. Fed. Energy Regulatory Comm'n, 860 F.2d 1097 (D.C. Cir. 1988). “ith a record supporting the application of a consistent policy treating changes in tax liability per se as warranting dollar-for-dollar spot adjustments in established rates without review of other cost-of-service components, and for that reason we decline to speculate on its…”
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