Reed Smith Client Alerts

State attorneys general and consumer advocates from 13 states have asked the Federal Energy Regulatory Commission to initiate proceedings to address the effect of recent federal tax reform on jurisdictional rates.

Authors: Regina Y. Speed-Bost Colette D. Honorable Debra Ann Palmer Justin J. Mirabal

In a joint letter dated January 9, 2018, state attorneys general and consumer advocates from 13 states (collectively, the State Advocates)1 urged the Federal Energy Regulatory Commission (Commission) to address the rate implications of Congress’ sweeping overhaul of the federal tax code that was signed into law on December 22, 2017. Among other changes, the Law to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018 (Tax Cuts and Jobs Act) reduced the marginal federal corporate income tax rate from 35 to 21 percent. The State Advocates challenged whether entities under the Commission’s purview are charging “just and reasonable” rates in light of the significant reduction in the federal corporate income tax rate.