Record that a retail electricity sale is not a federal license under section 824
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record the state the lawyer names and the retail service the lawyer describes. Do not draft a federal retail license application and do not say the service is wholesale.
- What the lawyer must review
- 16 U.S.C. 824(a) declares that federal regulation extends to transmission of electric energy in interstate commerce and to the sale of such energy at wholesale in interstate commerce, and only to matters which are not subject to regulation by the States. Section 824(b)(1) provides that this subchapter shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but except as provided in paragraph (2) shall not apply to any other sale of electric energy. Section 824(d) defines a sale of electric energy at wholesale as a sale to any person for resale. Paragraph (2) of subsection (b) was not opened. ABA Formal Opinion 512 (29 July 2024) leaves the lawyer responsible for the application. The lawyer opens the state commission's requirements. The note does not draft them.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.