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Federal Power Commission v. Florida Power & Light Company

Court Documents
Dissenting Opinion

United States Supreme Court

404 U.S. 453


 Argued: Nov. 15, 1971. --- Decided: Jan 12, 1972

See 405 U.S. 948, 92 S.Ct. 929.


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 of 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.

Samuel Huntington, Washington, D.C., for petitioner.

Jefferson D. Giller, Houston, Tex., for respondent.

Mr. Justice WHITE delivered the opinion of the Court.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).