ARKANSAS ELEC. COOP. CORP. v. ARK. PUBLIC SERV. COMM'N

No. 81-731.

461 U.S. 375 (1983)

ARKANSAS ELECTRIC COOPERATIVE CORP. v. ARKANSAS PUBLIC SERVICE COMMISSION

Supreme Court of United States.

Decided May 16, 1983.


Attorney(s) appearing for the Case

Robert D. Cabe argued the cause for appellant. With him on the brief was Leland F. Leatherman.

Jeff Broadwater argued the cause for appellee. With him on the brief was Robert H. Wood, Jr.*

Paul Rodgers filed a brief for the National Association of Regulatory Utility Commissioners as amicus curiae urging affirmance.


JUSTICE BRENNAN delivered the opinion of the Court.

This appeal requires us to decide whether the Arkansas Public Service Commission (PSC) acted contrary to the Commerce Clause or the Supremacy Clause of the Constitution when it asserted regulatory jurisdiction over the wholesale rates charged by the Arkansas Electric Cooperative Corporation (AECC) to its member retail distributors, all of whom are located within the State...

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