When it comes to regulating power sales, the Federal Power Act is supposed to draw a bright line between retail power sales (and physical generation facilities) under state jurisdiction and wholesale power sales subject to Federal Energy Regulatory Commission (“FERC”) authority. Lately, though, the line between state and federal jurisdiction has become less clear and more dangerous to approach. And neither FERC nor the states decides who wins or loses the ensuing battles. Courts do.
On September 29, 2015, partner Jeffrey Schwarz—a member of Spiegel’s team defending the Maryland Public Service Commission—will speak about these cases at the Law Seminars International Energy in the Northeast conference in Boston. For more information on the underlying cases and the issues discussed, please read the attachment linked below.