WHOLESALE ELECTRICITY ANTI-TRUST CASES I & II ...Part I
Trial court correctly sustained without leave to amend a demurrer brought by wholesale generators, sellers, and traders of electricity to antitrust and unfair competition complaint filed by public entities and retail purchasers of electricity, whose action would have required superior court to determine reasonable rates for wholesale power sales, on basis that Federal Power Act preempts the field of wholesale electricity market control and regulation, and that filed rate doctrine, which prohibits state and federal courts applying state law from setting a rate different from that set by Federal Energy Regulatory Commission, bars requests for penalties for alleged anticompetitive conduct that would potentially interfere with FERC supervision of market-based rates and any enforcement activities allowed under FERC procedures.
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