Jersey Central Power & Light Co. v. Fpc, 319 U.S. 61 (1943)

Jersey Central Power & Light Co. v. Federal Power Commission

No. 299

Argued January 4, 5, 1943
Reargued March 4, 5, 1943
Decided May 3, 1943 *
319 U.S. 61

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. The conclusion of the Federal Power Commission in this case that facilities owned and operated by a power company within a State -- which connected with facilities of a second company, also within the State, whose facilities connected with those of a third company, in another State -- were utilized for the transmission of electric energy across state lines held supported by substantial evidence. P. 67.

2. Federal regulation of the transmission of electric energy in interstate commerce, under the Federal Power Act of 1935, is not limited to energy at the instant it crosses the state line, nor to companies which own the facilities which cross the line. P. 71.

3. The jurisdiction of the Federal Power Commission does not extend to all connecting transmission facilities, but only to those which transmit energy actually moving in interstate commerce. P. 72.

4. Since the power company here in question owns and operates a transmission line which is a facility within the jurisdiction of the Federal Power Commission under § 201(b), it is a "public utility" under § 201(e). P. 73.

5. The purchase by a company which is a public utility under the Federal Power Act of the stock of another company which also is a public utility under the Act requires the approval of the Federal Power Commission, notwithstanding that the purchase could be, and the transfer is, regulated by the State. P. 74.

6. The limitation of § 201(a) of the Federal Power Act -- "such federal regulation, however, to extend only to those matters which are not subject to regulation by the States" -- is inapplicable to regulation under § 203(a) of the acquisition of securities. P. 76.

129 F.2d 183 affirmed.

Certiorari, 317 U.S. 610, to review the affirmance of an order of the Federal Power Commission, 30 P.U.R.(N.S.) 33.