WSP03019

• File Number: 8220.100.50
• Description: CRSP - Power Marketing
• Basin: Colorado Mainstem
• Date: 10/1/1983
• Author: CREDA
• Title: Defending the Public's Right to Public Power - A Response to Consumer-Owned Utilities to Utah Power and Light's Application for CRSP Power
• Water Supply Pro - Doc Type: Publication

.

- 4 -

Contrary to UP&L's claims, no fundamental rights are affected by
the sale of power by Western and Western's marketing plan does not create sus-
pect classifications. Since Western has many rational reasons for distinguishing
between the many groups vying for an allocation of this finite federal resource,
Western's marketing policies could not be overturned on equal protection grounds.

UP&L asserts an even more absurd claim by contending that the sale
of power, a federally-owned resource, violates the right of states to remain inde-
pendent in our federal system of governments. UP&L argues that since the state
of Utah permits its political subdivisions to sell and distribute power, Western's
refusal to sell CRSP power to its Agent Cities constitutes an interference with
Utah's sovereignty in violation of the Tenth Amendment to the Constitution.
However, the United States Supreme Court has already considered this issue and
had held that the Tenth Amendment is not applicable to the sale of power gener-
ated at federal hydroelectric projects. Thus, Western's refusal to sell power to
UP&L's Agent Cities does not violate the Tenth Amendment.

-

j