Federal Power Commission v. Florida Power & Light Company

United States Supreme Court

404 U.S. 453

Federal Power Commission  v.  Florida Power & Light Co.

No. 70-38  Argued: November 15, 1971 --- Decided: January 12, 1972

The Federal Power Commission (FPC) properly determined that the transfer of power from Florida Power & Light Co (FP&L) to another Florida utility's "bus" (a transmission line into which subsidiary lines connect) and the simultaneous transfer of power from that utility's "bus" to a Georgia company gave the FPC jurisdiction over FP&L under § 201 (b) of the Federal Power Act, which grants jurisdiction to the FPC over "the transmission or electric energy in interstate commerce... and the sale of electric energy at wholesale in interstate commerce, but... not [over] any other sale of electric energy." The FPC's conclusion that FP&L energy was commingled with that of the other Florida utility, and thus was transmitted in interstate commerce, was substantially supported by expert opinion that is in accord with the known facts of electricity, and is sufficient to support its jurisdiction. Pp. 454-469.

430 F. 2d 1377, reversed and remanded.

WHITE, J., delivered the opinion of the Court, in which BRENNAN, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, in which BURGER, C.J., joined, post, p. 469. STEWART, POWELL, and REHNQUIST, JJ., took no part in the consideration or decision of the case.

Samuel Huntington argued the cause for petitioner. With him on the brief were Solicitor General Griswold, Gordon Gooch, and Drexel D. Journey.

Jefferson D. Giller argued the cause for respondent. With him on the brief were Leon Jaworski, Jay W. Elston, Harry A. Poth, Jr., and Richard M. Merriman.

Briefs of amicus curiae urging reversal were filed by George Spiegel and Melvin Richter for the Gainesville Utilities Department et al., and by Northcutt Ely for the American Public Power Assn.

Notes