U.S. Code » Title 16 » Chapter CHAPTER 46— PUBLIC UTILITY REGULATORY POLICIES › Subchapter SUBCHAPTER II— STANDARDS FOR ELECTRIC UTILITIES

16 U.S.C. § 2627

Relationship to State law

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(a) Revenue and rate of return

Nothing in this chapter shall authorize or require the recovery by an electric utility of revenues, or of a rate of return, in excess of, or less than, the amount of revenues or the rate of return determined to be lawful under any other provision of law.

(b) State authority

Nothing in this chapter prohibits any State regulatory authority or nonregulated electric utility from adopting, pursuant to State law, any standard or rule affecting electric utilities which is different from any standard established by this subchapter.

(c) Federal agencies

With respect to any electric utility which is a Federal agency, and with respect to the Tennessee Valley Authority when it is treated as a State regulatory authority as provided in section 2602(17) of this title, any reference in section 2621 or 2623 of this title to State law shall be treated as a reference to Federal law.

(Pub. L. 95–617, title I, § 117, Nov. 9, 1978, 92 Stat. 3128.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this title”, meaning title I (§ 101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1982–2023 · leading case: Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982).
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Fed. Energy Regulatory Comm'n v. Mississippi, 456 U.S. 742 (1982). · cites it 2× “" Similarly, 16 U. S. C. § 2627 (b) and 15 U. S. C. § 3208 make it clear that any state regulatory authority or nonregulated utility may adopt regulations or rates that are "different from any standard established by this [subchapter or] chapter.”
Baker Elec. Coop., Inc. v. Pub. Serv. Comm'n, 451 N.W.2d 95 (N.D. 1990). · cites it 4× “Although those rights were specifically ceded to the United States rather than state government, there has been some history of federal deference to state regulatory authority for local electric utility services.”
Cent. Maine Power Co. v. Pub. Utils. Comm'n, 455 A.2d 34 (Me. 1983). · cites it 2× “” 16 U.S.C.A. § 2627 (a) (emphasis added). In the face of that provision, it is impossible for the Commission to contend successfully that it derives from that Act any power to deprive a utility of a fair rate of return as a penalty for alleged uncooperativeness or even for…”
Romeo v. Pennsylvania Pub. Util. Comm'n, 154 A.3d 422 (Pa. Commw. Ct. 2017). “16 U.S.C. § 2627 (b). (Commission’s March 3, 2016 Opinion at 8-9.”
J.D. Branagh v. PA PUC (Pa. Commw. Ct. 2023). “See 16 U.S.C. § 2627 (b). 23 Branagh’s arguments based on federal law fail for at least two reasons.”
— 16 U.S.C. § 2627(a) — 1 case
Cent. Maine Power Co. v. Pub. Utils. Comm'n, 455 A.2d 34 (Me. 1983). “” 16 U.S.C.A. § 2627 (a) (emphasis added). In the face of that provision, it is impossible for the Commission to contend successfully that it derives from that Act any power to deprive a utility of a fair rate of return as a penalty for alleged uncooperativeness or even for…”
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