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74-557: Upon entering the White House, President Jimmy Carter made energy policy a top priority. The law started the energy industry on the road to restructuring. PURPA was originally passed with the intention of conserving electric energy , increasing efficiency in facilities and resources used by utility companies, making retail rates for electric consumers more fair, speeding up the creation of hydroelectric energy production at small dams, and conserving natural gas . The main vehicle that

148-497: A Constitution for the United States and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: That to this compact each State acceded as

222-528: A State, and is an integral party, its co-States forming, as to itself, the other party....each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress. The Kentucky and Virginia Resolutions, which became part of the Principles of '98 , along with the supporting Report of 1800 by Madison, became final documents of Jefferson's Democratic-Republican Party . Gutzman argued that Governor Edmund Randolph designed

296-667: A case which arose out of the Colfax Massacre of Black residents contesting the results of a Reconstruction-era election, the Supreme Court held that the Fourteenth Amendment did not apply to the First Amendment or Second Amendment to state governments in respect to their own citizens, only to acts of the federal government. In McDonald v. City of Chicago (2010), the Supreme Court held that

370-595: A combination of fossil fuels with renewable energy sources. In the NOPR, FERC asserted that today the country has a high supply of “relatively inexpensive” natural gas due to technological advances and the discovery of new gas reserves. Therefore, FERC wrote, there is no longer the same need now as there was in 1978 to address natural gas shortages. When PURPA was originally passed in the late 1970s, many utility companies were “vertically integrated” and did not want to buy power from third-party independent generators. However, today

444-524: A report that FERC should modernize PURPA for the energy sector. NARUC's paper "proposes that FERC exempt from PURPA’s mandatory purchase obligation those utilities which are subject to state competitive solicitation requirements and other best practices that ensure all technologies access to the market." In September 2019, the Federal Energy Regulatory Commission (FERC) announced its intention to update certain provisions of

518-484: A time when energy prices were high. When oil prices went down, utilities had to honor the rates of those contracts, leading to high power prices. PURPA was the only existing federal law that requires competition in the utility industry and the only law that encourages renewables, if it is cost competitive with conventional polluting resources, until the 2009 amendments to the Defense Production Act and

592-400: A utility's grid broke the previous monopoly in the generation function. Utilities offered customers a "rate structure" that decreased the cost per kWh price of electricity with increasing usage, with subsequent increments costing less per unit. PURPA eliminated promotional rate structures except when they could be justified by the cost structure of utility companies. One provision of PURPA is

666-436: Is an electric generation facility that creates electricity in a very efficient way, meaning that the facility produces both electricity and “another form of useful thermal energy (such as heat or steam) in a way that is more efficient than the separate production of both forms of energy.” PURPA provided favorable terms to companies that produced electricity from renewable (non-fossil-fuel) resources. California increased wind on

740-435: Is measured in volts ) that is delivered by a circuit (e.g., provided by an electric power utility). Motion (current) is not required; for example, if there is a voltage difference in combination with charged particles, such as static electricity or a charged capacitor , the moving electrical energy is typically converted to another form of energy (e.g., thermal, motion, sound, light, radio waves, etc.). Electrical energy

814-579: Is still an important piece of legislation promoting renewable energy because it exempts the developers of such projects from numerous State and Federal regulatory regimes. This free market approach presented investment opportunity and government encouragement for more development of environment-friendly, renewable energy projects and technologies; the law created a market in which non-utility Independent Power Producers developed, and some energy market players failed . Critics of PURPA cited that power producers signed multi-year cost of electricity contracts at

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888-844: Is to give more flexibility to individual states to use more competitive prices when setting QF rates. Investor-owned utility companies, represented by their national association the Edison Electric Institute (EEI), supported FERC’s proposed updates to PURPA. According to the head of the Edison Electric Institute, PURPA requires utilities to buy energy from QFs at prices that are often higher than market prices, resulting in “billions of dollars in additional consumer costs". EEI also stated it more bluntly: PURPA requires its member utilities to buy power it often doesn’t even need at mandatory above-market prices. The National Rural Electric Cooperative Association and

962-482: Is usually sold by the kilowatt hour (1 kW·h = 3.6 MJ) which is the product of the power in kilowatts multiplied by running time in hours. Electric utilities measure energy using an electricity meter , which keeps a running total of the electric energy delivered to a customer. Electric heating is an example of converting electrical energy into another form of energy, heat . The simplest and most common type of electric heater uses electrical resistance to convert

1036-799: The Civil Rights Cases (1883), the Supreme Court allowed segregation by striking down the Civil Rights Act of 1875 , a statute that prohibited racial discrimination in public accommodation. It again held that the Equal Protection Clause applied only to acts done by states, not to those done by private individuals, and as the Civil Rights Act of 1875 applied to private establishments, the Court said, it exceeded congressional enforcement power under Section 5 of

1110-635: The Dred Scott decision —all triumphs of the Slave Power —did far more than either tariffs or internal improvements, which in their origin were also southern measures, to destroy the very memory of states' rights as they existed in 1789. Whenever a question arose of extending or protecting slavery, the slaveholders became friends of centralized power, and used that dangerous weapon with a kind of frenzy. Slavery in fact required centralization in order to maintain and protect itself, but it required to control

1184-485: The South Carolina Exposition and Protest in 1828, written in response to the " Tariff of Abominations ". Exposition and Protest was the work of South Carolina senator and former vice president John C. Calhoun , formerly an advocate of protective tariffs and internal improvements at federal expense. South Carolina 's Nullification Ordinance declared that both the tariff of 1828 and

1258-561: The American Public Power Association also supported FERC's proposed changes. A group of opponents, which included eight attorneys general, the FTC, and electric power supply companies, wrote FERC to express their opposition. They laid out their concerns that FERC would be overstepping its authority in making these changes, something legal and renewables groups had argued as well. The states also raised concerns that

1332-688: The Inflation Reduction Act of 2022. In February 2005, Senator Jim Jeffords from Vermont introduced an amendment to PURPA calling for a Renewable portfolio standard . PURPA was amended in 2005 by the Energy Policy Act of 2005 in sections 1251 through 1254. There is pending legislation in the US Senate that would amend PURPA to require FERC to develop standards for interconnection of distributed generation facilities, and that would require "electric utilities" meeting

1406-613: The New Deal , and then World War II saw further growth in the authority and responsibilities of the federal government. The case of Wickard v. Filburn allowed the federal government to enforce the Agricultural Adjustment Act , providing subsidies to farmers for limiting their crop yields, arguing agriculture affected interstate commerce and came under the jurisdiction of the Commerce Clause even when

1480-773: The electric power industry . Electricity is most often generated at a power station by electromechanical generators , primarily driven by heat engines fueled by chemical combustion or nuclear fission but also by other means such as the kinetic energy of flowing water and wind. There are many other technologies that can be and are used to generate electricity such as solar photovoltaics and geothermal power . States Rights Defunct Newspapers Journals TV channels Websites Other Economics Gun rights Identity politics Nativist Religion Watchdog groups Youth/student groups Miscellaneous Other In American political discourse , states' rights are political powers held for

1554-657: The state governments rather than the federal government according to the United States Constitution , reflecting especially the enumerated powers of Congress and the Tenth Amendment . The enumerated powers that are listed in the Constitution include exclusive federal powers , as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers —also called states' rights—that only

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1628-615: The tariff of 1832 were null and void within the state borders of South Carolina. This action initiated the Nullification Crisis . Passed by a state convention on November 24, 1832, it led, on December 10, to President Andrew Jackson 's proclamation against South Carolina, which sent a naval flotilla and a threat of sending federal troops to enforce the tariffs; Jackson authorized this under color of national authority, claiming in his 1832 Proclamation Regarding Nullification that "our social compact in express terms declares, that

1702-522: The Confederacy's actions during the war: The attempts of the Confederacy to annex Missouri and Kentucky , for example, against the will of these states, prove the hollowness of the pretext that it is fighting for the rights of the individual states against the encroachments of the Union. On the individual states that it considers to belong to the "South" it confers, to be sure, the right to secede from

1776-512: The Declaration of Independence, the Constitution of the United States, and the Bill of Rights, and the reality that the slave-power represented, as what they describe as an anti-democratic, counter-republican, oligarchic, despotic, authoritarian, if not totalitarian, movement for ownership of human beings as the personal chattels of the slaver. As this cognitive dissonance increased, the people of

1850-608: The Federalists passed the Alien and Sedition Acts in 1798, Thomas Jefferson and James Madison secretly wrote the Kentucky and Virginia Resolutions , which provide a classic statement in support of states' rights and called on state legislatures to nullify unconstitutional federal laws . (The other states, however, did not follow suit and several rejected the notion that states could nullify federal law.) According to this theory,

1924-659: The Fourteenth Amendment . By the beginning of the 20th century, greater cooperation began to develop between the state and federal governments and the federal government began to accumulate more power. Early in this period, a federal income tax was imposed, first during the Civil War as a war measure and then permanently with the Sixteenth Amendment in 1913. Before this, the states played a larger role in government. States' rights were affected by

1998-707: The Land" and provides that "the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." However, the Supremacy Clause only applies if the federal government is acting in pursuit of its constitutionally authorized powers, as noted by the phrase "in pursuance thereof" in the actual text of the Supremacy Clause itself (see above). When

2072-665: The North. The North, by contrast, had a growing domestic industrial economy that viewed foreign trade as competition. Trade barriers, especially protective tariffs, were viewed as harmful to the Southern economy, which depended on exports. In 1828, the Congress passed protective tariffs to benefit trade in the northern states, but that were detrimental to the South. Southerners vocally expressed their tariff opposition in documents such as

2146-528: The Northern states, and the Northern states themselves, became increasingly inclined to resist the encroachments of the Slave Power upon their states' rights and encroachments of the Slave Power by and upon the federal government of the United States. The Slave Power, having failed to maintain its dominance of the federal government through democratic means, sought other means of maintaining its dominance of

2220-501: The PURPA law used to try and accomplish these goals was by creating a new class of electric generating facilities called “qualifying facilities” (QFs). PURPA gave QFs special rate and regulatory treatment. The Public Utility Regulatory Policies Act of 1978 (PURPA) encouraged: Energy companies were classified as natural monopolies , and for this reason, most were established with vertically integrated structures (that is, they undertook all

2294-414: The PURPA law, in a process known as a “ notice of proposed rulemaking ” (NOPR). One of the original intentions of PURPA was to try to break the U.S.'s dependence on fossil fuels during the 1970s energy crisis . To accomplish that, PURPA encouraged creation of small power production facilities called “qualifying facilities” (QFs). QFs produce power from sources other than fossil fuels, or they make power using

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2368-637: The PURPA size requirement (retail sales of more than 500 million kw hrs) to implement those standards. One proposed law that would amend PURPA is the Hydropower Regulatory Efficiency Act of 2013 (H.R. 267) . The bill was introduced into the United States House of Representatives of the 113th United States Congress on January 15, 2013, and it passed the House on February 13, 2013 by a vote of 422-0. If enacted,

2442-698: The Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements. See related energy policy contained in 42 USC Chapter 134 – Energy Policy. In October 2018, the National Association of Regulatory Utility Commissioners (NARUC) made suggestions in

2516-580: The Second Amendment right of an individual to "keep and bear arms" is incorporated by the Due Process Clause of the Fourteenth Amendment, and therefore fully applicable to states and local governments. Furthermore, United States v. Harris (1883) held that the Equal Protection Clause did not apply to an 1883 prison lynching on the basis that the Fourteenth Amendment applied only to state acts, not to individual criminal actions. In

2590-489: The Southerners only advocated states' rights when they disagreed with a policy. Examples given are a states' right to engage in slavery or to suppress freedom of speech. They argue that it was instead the result of the increasing cognitive dissonance in the minds of Northerners and (some) Southern non-slaveowners between the ideals that the United States was founded upon and identified itself as standing for, as expressed in

2664-545: The Territories—which are the common possession of the United States—to give advantages to the citizens of one State which are not equally secured to those of every other State. Southern states argued against "states' rights" when it benefited them in the context of fugitive slave laws . For example, Texas challenged some northern states having the right to protect fugitive slaves, with the argument that this would make

2738-464: The Union, but by no means the right to remain in the Union. The historian William H. Freehling noted that the South's argument for a state's right to secede was different from Thomas Jefferson's, in that Jefferson based such a right on the unalienable equal rights of man. The South's version of such a right was modified to be consistent with slavery, and with the South's blend of democracy and authoritarianism. Historian Henry Brooks Adams explains that

2812-505: The United States, and that the ordinances of secession, and all the acts of the legislatures within seceding states intended to give effect to such ordinances, were "absolutely null " under the constitution. A series of Supreme Court decisions developed the state action constraint on the Equal Protection Clause . The state action theory weakened the effect of the Equal Protection Clause against state governments, in that

2886-436: The anti-slavery North took a consistent and principled stand on states' rights against federal encroachment throughout its history, while the Southern states, whenever they saw an opportunity to expand slavery and the reach of their political influence, termed Slave Power , often conveniently forgot the principle of states' rights—and fought in favor of federal centralization: Between the Slave Power and states' rights there

2960-431: The bill would change some of the regulations in the United States surrounding hydropower by making it easier for smaller hydropower stations to be created. According to the bill's proponents, current regulations are unwieldy and represent a significant hurdle to creating more hydropower plants. H.R. 267 would alter those regulations to make it easier for smaller plants to get approval quickly. Section 3 of H.R. 267 amends

3034-402: The central government, authorizing it to exercise powers deemed necessary to exercise its authority, with an ambiguous boundary between the two co-existing levels of government. In the event of any conflict between state and federal law, the Constitution resolved the conflict via the Supremacy Clause of Article VI in favor of the federal government, which declares federal law the "supreme Law of

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3108-401: The centralized machine; it needed despotic principles of government, but it needed them exclusively for its own use. Thus, in truth, states' rights were the protection of the free states, and as a matter of fact, during the domination of the Slave Power, Massachusetts appealed to this protecting principle as often and almost as loudly as South Carolina . Sinha and Richards both argue that

3182-405: The clause was held not to apply to unequal protection of the laws caused in part by complete lack of state action in specific cases, even if state actions in other instances form an overall pattern of segregation and other discrimination. The separate but equal theory further weakened the effect of the Equal Protection Clause against state governments. With United States v. Cruikshank (1876),

3256-513: The demand growth was slower or previously accommodated in planning. PURPA is becoming less important, as many of the contracts made under it during the 1980s are expiring. Another reason for PURPA's reduced significance is that electric deregulation and open access to electricity transportation by utilities has created a vast market for the purchase of energy and State regulatory agencies have therefore stopped forcing utilities to give contracts to developers of non-utility power projects. However, it

3330-514: The energy. There are other ways to use electrical energy. In computers for example, tiny amounts of electrical energy are rapidly moving into, out of, and through millions of transistors , where the energy is both moving (current through a transistor) and non-moving (electric charge on the gate of a transistor which controls the current going through). Electricity generation is the process of generating electrical energy from other forms of energy . The fundamental principle of electricity generation

3404-533: The establishment of a new class of generating facilities, which would receive special rate and regulatory treatment. Generating facilities in this group are known as qualifying facilities (QFs) , and fall into two categories: qualifying small power production facilities and qualifying cogeneration facilities. A small power production facility is an electric generation facility that produces 80 MW or less and that uses renewable sources (such as hydro, wind or solar) as its primary energy source. A cogeneration facility

3478-627: The federal government, by means of military aggression, by right of force and coercion, and thus, the Civil War occurred. In Texas v. White , 74 U.S. 700 (1869) the Supreme Court ruled that Texas had remained a state ever since it first joined the Union, despite claims to have joined the Confederate States of America ; the court further held that the Constitution did not permit states to unilaterally secede from

3552-519: The federal government. The most vociferous supporters of states' rights, such as John Randolph of Roanoke , were called "Old Republicans" into the 1820s and 1830s. Tate (2011) undertook a literary criticism of a major book by John Taylor of Caroline , New Views of the Constitution of the United States. Tate argues it is structured as a forensic historiography modeled on the techniques of 18th-century Whig lawyers. Taylor believed that evidence from American history gave proof of state sovereignty within

3626-486: The federal union is a voluntary association of states, and if the central government goes too far each state has the right to nullify that law. As Jefferson said in the Kentucky Resolutions: Resolved, that the several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that by compact under the style and title of

3700-512: The functions of generating, transmitting, and distributing electricity to the customer). Utilities became protected as regulated monopolies because it was thought that a company could produce power more efficiently and economically as one company than as several. PURPA started the industry on the road to restructuring and is one of the first laws that began the deregulation of energy companies. The provision which enabled non-utility generators ("NUGs") to produce power for use by customers attached to

3774-550: The fundamental alteration of the federal government resulting from the Seventeenth Amendment , depriving state governments of an avenue of control over the federal government via the representation of each state's legislature in the U.S. Senate . This change has been described by legal critics as the loss of a check and balance on the federal government by the states. Following the Great Depression ,

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3848-413: The grid from 10 MW in 1981 to 1700 MW in the early 1990s. Although a Federal law, PURPA's implementation was left to the individual states , because needs varied; a variety of regulatory regimes developed in states where renewable power resources were needed, available for development, or the generated power could be transmitted . Little was done in many states where such resources were unavailable, where

3922-543: The institution null once a particular slave had crossed into a free state . The question was pivotal in the case of Dred Scott v. Sandford . The historian James McPherson noted that Southerners were inconsistent on the states' rights issue, and that Northern states tried to protect the rights of their states against the South during the Gag Rule and fugitive slave law controversies. Contemporany political thinkers like Karl Marx also noted this inconsistency regarding

3996-465: The late eighteenth century to support slavery. A major Southern argument in the 1850s was that federal law to ban the expansion of slavery into the territories discriminated against states that allowed slavery, making them second-class states. In 1857 the Supreme Court sided with these states' rights supporters, declaring in Dred Scott v. Sandford that Congress had no authority to regulate slavery in

4070-406: The laws of the United States, its Constitution, and treaties made under it, are the supreme law of the land" and for greater caution adds, "that the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." Over following decades, another central dispute over states' rights moved to the forefront. The issue of slavery polarized

4144-469: The non-slave-states' rights were violated both by that decision and by the Fugitive Slave Law of 1850. While historians in the 21st century agree on the centrality of the conflict over slavery, they disagree sharply on which aspects of this conflict (ideological, economic, political, or social) were most important. Southern states had a long tradition of using states' rights doctrine since

4218-537: The protest in the name of moderation. Gutzman argues that in 1798, Madison espoused states' rights to defeat national legislation that he maintained was a threat to republicanism. During 1831–33, the South Carolina Nullifiers quoted Madison in their defense of states' rights. But Madison feared that the growing support for this doctrine would undermine the union and argued that by ratifying the Constitution states had transferred their sovereignty to

4292-465: The requirement for increased use of energy cogeneration . The law forced electric utilities to buy power from other more efficient producers, such as cogeneration plants, if that cost was less than the utility's own "avoided cost" rate to the consumer; the avoided cost rate was the additional costs that the electric utility would incur if it generated the required power itself, or if available, could purchase its demand requirements from another source. At

4366-466: The rules could harm renewables deployment in their states and others according to the electric industry news site UTILITY DIVE. Electric energy Electrical energy is energy related to forces on electrically charged particles and the movement of those particles (often electrons in wires, but not always). This energy is supplied by the combination of current and electric potential (often referred to as voltage because electric potential

4440-487: The same time as news of the great American victory at the Battle of New Orleans , the Federalists were politically ruined. One major and continuous strain on the union, from roughly 1820 through the Civil War, was the issue of trade and tariffs . Heavily dependent upon international trade, the almost entirely agricultural and export -oriented South imported most of its manufactured goods from Europe or obtained them from

4514-399: The states and the people therein only if the act was in pursuance of constitutionally granted powers, and juxtaposing acts which exceeded those bounds as "void and of no force": But it will not follow from this doctrine that acts of the large society which are not pursuant to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become

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4588-456: The states possess certain powers to the exclusion of the federal government, even if the Constitution does not explicitly limit them to the states. The Supremacy Clause of the U.S. Constitution states: This Constitution, and the Laws of the United States which shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the United States, shall be

4662-402: The states possess. Since the 1940s, the term "states' rights" has often been considered a loaded term or dog whistle because of its use in opposition to federally-mandated racial desegregation and, more recently, same-sex marriage and reproductive rights . The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of the U.S. Constitution

4736-649: The supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such. In the period between the American Revolution and the ratification of the United States Constitution , the states had united under a much weaker federal government and a much stronger state and local government, pursuant to the Articles of Confederation . The Articles gave the central government very little, if any, authority to overrule individual state actions. The Constitution subsequently strengthened

4810-402: The supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. (Emphasis added.) In The Federalist Papers , ratification proponent Alexander Hamilton explained the limitations this clause placed on the proposed federal government, describing that acts of the federal government were binding on

4884-544: The system and market is much different: the market has open-access transmission and there is a wholesale market that allows utilities to buy power from independent generators at competitive market prices. Today, most energy production based on renewable resources does not require reliance on PURPA. In September 2019, during a FERC hearing, its Chairman Neil Chatterjee voiced his support for making changes to PURPA in light of “tremendous technological advances in renewables” since passage of PURPA in 1978. One idea for updating PURPA

4958-518: The territories. Jefferson Davis used the following argument in favor of the equal rights of states: Resolved, That the union of these States rests on the equality of rights and privileges among its members, and that it is especially the duty of the Senate, which represents the States in their sovereign capacity, to resist all attempts to discriminate either in relation to person or property, so as, in

5032-457: The time generally, where demand was growing, this "avoided cost" was considered to be the construction and fossil fuel costs incurred in the operation of another thermal power plant . As an effect, the number of cogeneration plants, which produce electric power and steam, increased. These plants are encouraged by the law, on the basis that they harness thermal energy (in the form of usable steam) that would be otherwise wasted if electricity alone

5106-518: The union, against the arguments of nationalists such as U.S. Chief Justice John Marshall. Another states' rights dispute occurred over the War of 1812 . At the Hartford Convention of 1814–15, New England Federalists voiced opposition to President Madison's war, and discussed secession from the Union. In the end they stopped short of calls for secession, but when their report appeared at

5180-585: The union, with the Jeffersonian principles often being used by both sides—anti-slavery Northerners, and Southern slaveholders and secessionists—in debates that ultimately led to the American Civil War . Supporters of slavery often argued that one of the rights of the states was the protection of slave property wherever it went, a position endorsed by the U.S. Supreme Court in 1857 Dred Scott decision . In contrast, opponents of slavery argued that

5254-564: Was discovered during the 1820s and early 1830s by the British scientist Michael Faraday . His basic method is still used today: electric current is generated by the movement of a loop of wire, or disc of copper between the poles of a magnet . For electrical utilities, it is the first step in the delivery of electricity to consumers. The other processes, electricity transmission , distribution , and electrical energy storage and recovery using pumped-storage methods are normally carried out by

5328-428: Was first addressed in the case of McCulloch v. Maryland (1819). The Court's decision by Chief Justice John Marshall asserted that the laws adopted by the federal government, when exercising its constitutional powers, are generally paramount over any conflicting laws adopted by state governments. After McCulloch , the primary legal issues in this area concerned the scope of Congress' constitutional powers, and whether

5402-472: Was no necessary connection. The Slave Power, when in control, was a centralizing influence, and all the most considerable encroachments on states' rights were its acts. The acquisition and admission of Louisiana; the Embargo; the War of 1812 ; the annexation of Texas "by joint resolution" [rather than treaty]; the war with Mexico , declared by the mere announcement of President Polk ; the Fugitive Slave Law ;

5476-808: Was produced. PURPA also became the basic legislation that enabled renewable energy providers to gain a toehold in the market, particularly in California, where state authorities were more aggressive in their interpretation of the statute. The portion of the act dealing with cogeneration and small power production appears in US code in Title 16 – Conservation , Chapter 12 – Federal Regulation and Development of Power, Subchapter II – Regulation of Electric Utility Companies Engaged in Interstate Commerce, Sec 824a-3 – Cogeneration and Small Power Production. This led to

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