[20000309]RS20491_电力重组和零售互惠要求的合宪性.pdf

1 The electricity restructuring legislation of Delaware, Illinois, Montana, and Pennsylvania each(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20491March 9, 2000Electricity Restructuring and the Constitutionalityof Retail Reciprocity Requirements(name redacted)Legislative AttorneyAmerican Law DivisionSummaryRetail reciprocity requirements have been included in the electricity restructuringlegislation of at least four states. These requirements mandate generally that out-of-stateutilities which operate in a state “closed” to retail competition cannot market power toretail consumers in the “open” state. Because state reciprocity requirements enactedwithout congressional authorization are probably unconstitutional under the CommerceClause of the U.S. Constitution, Congress would have to include a reciprocity provisionin federal electricity restructuring legislation if it wants to support the view that such aprovision will increase competition. This report reviews the treatment of statereciprocity requirements by the U.S. Supreme Court and discusses Congress powerunder the Commerce Clause.Seven of the e