Federal Regulation of Electric Power and the Commerce Clause

While the federal government has some authority to regulate electricity flowing across state lines under the commerce clause, the federal government has seized much more power than it was legitimately delegated. As I reported earlier, on Sept. 28, 2017, Secretary of Energy Rick Perry proposed a new rulemaking to the Federal Energy Regulatory Commission (FERC).…

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Federal Proposal to Regulate Electric Power Rates Largely Unconstitutional

A proposal to expand federal regulation of electric power rates is largely unconstitutional. On Sept. 28, 2017, the U.S. Secretary of Energy Ernest Moniz proposed new rulemaking to the Federal Energy Regulatory Commission (FERC). Under the authority granted the secretary under the Department of Energy Organization Act, RM18-1-000, he proposes that the FERC should use…

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