{ "id": "RS20491", "type": "CRS Report", "typeId": "REPORTS", "number": "RS20491", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 102545, "date": "2000-03-09", "retrieved": "2016-05-24T20:38:16.311941", "title": "Electricity Restructuring and the Constitutionality of Retail Reciprocity Requirements", "summary": "Retail reciprocity requirements have been included in the electricity restructuring legislation of\nat\nleast four states. These requirements mandate generally that out-of-state utilities which operate in\na state \"closed\" to retail competition cannot market power to retail consumers in the \"open\" state. \nBecause state reciprocity requirements enacted without congressional authorization are probably\nunconstitutional under the Commerce Clause of the U.S. Constitution, Congress would have to\ninclude a reciprocity provision in federal electricity restructuring legislation if it wants to support the\nview that such a provision will increase competition. This report reviews the treatment of state\nreciprocity requirements by the U.S. Supreme Court and discusses Congress' power under the\nCommerce Clause.\n Seven of the eight comprehensive electricity restructuring bills introduced during the 106th\nCongress include reciprocity provisions. The Power Bill, H.R. 667 , introduced by\nRepresentative Burr, the Electric Utility Restructuring Empowerment and Competitiveness Act of\n1999, S. 516 , introduced by Senator Thomas, the Electric Energy Empowerment Act\nof 1999, H.R. 1587 , introduced by Representative Stearns, the Comprehensive\nElectricity Competition Act, H.R. 1828 , introduced by Representatives Bliley and\nDingell, the Electric Consumers' Power to Choose Act of 1999, H.R. 2050 , introduced\nby Representative Largent, the Electric Consumer Choice Act, S. 1284 , introduced by\nSenator Nickles, and the Electric Power Market Competition and Reliability Act, S. 2098 , introduced by Senator Murkowski, each include reciprocity provisions. The Electricity\nCompetition and Reliability Act, H.R. 2944 , introduced by Representative Barton, does\nnot include such a provision.\n This report will not be updated.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS20491", "sha1": "a1750cd4a40a646af085d3d1259ba95c08b47660", "filename": "files/20000309_RS20491_a1750cd4a40a646af085d3d1259ba95c08b47660.pdf", "images": null }, { "format": "HTML", "filename": "files/20000309_RS20491_a1750cd4a40a646af085d3d1259ba95c08b47660.html" } ], "topics": [] } ], "topics": [ "American Law", "Constitutional Questions" ] }