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B-208231 1 (1985-12-20)

handle is hein.gao/gaobadtfj0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. a. December 20, 1985 B-208231 The Honorable John D. Dingell Chairman, Subcommittee on Oversight and Investigations Committee on Energy and Commerce House of Representatives Dear Mr. Chairma6i: By letter dated November 13, 1984, you asked that we review the importation by United States utilities of electri- city from Canada to ascertain the impacts of such imports on the utilities and their ratepayers. Our Resources, Community, and Economic Development Division has undertaken this review and has been in contact with your staff regarding its progress. Your staff asked that as part of this effort we evaluate the Department of Energy's (DOE) authority to regulate elec- tricity imports, with particular attention to whether DOE could use its presidential permit for this purpose. This is the permit required of those who propose to construct and operate facilities at United States borders for the purpose of importing or exporting electricity. Having completed our analysis of DOE's authority to regulate imports, we provided your office with a copy of our tentative conclusions. Your staff asked that we confirm these conclusions formally. The enclosure to this letter is in response to that request. To summarize our conclusions, the Congress has not delegated to DOE or the President any authority to regulate electricity imports specifically. General trade laws do pro- vide for limited regulation of imports in certain instances. Whether any of, these laws would be available to regulate elec-. tricity imports would depend on the particular circumstances surrounding the import. Because power to regulate commerce with foreign nations is vested by the Constitution in the Congress, it is not clear that the presidential permit., about which you expressed parti- cular interest, may be used to regulate electricity imports.

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