EMP&L – Regulatory Requirements
Elmhurst Mutual Power and Light (EMP&L) is a Washington State, Non-Profit corporation organized under the laws of the State of Washington relating to Corporations not formed for profit. The Corporation was formed in March 1922 and is exempt from Federal income Tax under section 501(c)(12). Further, as a Mutual Corporation, EMP&L is owned by its members which are property owners.
The Washington Supreme Court determined many years ago in the case of Inland Empire Rural Electrification v. Department of Public Service that mutual companies serving only their own members (like EMP&L) are not subject to governmental regulation. Consequently, EMP&L is NOT subject to the jurisdiction of the Washington State Utilities and Transportation Commission (WUTC) under RCW 80.04.010 nor under Chapter 80.28 RCW. EMP&L provides service only to its own members and NOT to the general public.
The Federal Energy Regulatory Commission (FERC) has also determined that mutuals are private utilities. As a private utility, the EMP&L Board of Directors serves as the regulatory body and determines the policies which the Utility will operate under.