Page:United States Reports 502 OCT. TERM 1991.pdf/601

 502US2$28D 02-10-99 15:12:54 PAGES OPINPGT

Cite as: 502 U. S. 437 (1992)

443

Opinion of the Court

mining companies that sell coal to four Oklahoma electric utilities. The 40th Oklahoma Legislature, at its session in June 1985, adopted a concurrent resolution “requesting Oklahoma utility companies using coal-fired generating plants to consider plans to blend ten percent Oklahoma coal with their present use of Wyoming coal; effecting a result of keeping a portion of ratepayer dollars in Oklahoma and promoting economic development.” Okla. S. Res. 21, 40th Leg., 1985 Okla. Sess. Laws 1694 (hereinafter Res. 21). The recitals and resolutions in relevant part stated: “WHEREAS, the use of Oklahoma coal would save significant freight charges on out-of-state coal from the State of Wyoming; and “WHEREAS, the savings on such freight charges could offset any possible costs associated with plant adjustments; and “WHEREAS, the coal-fired electric plants being used by Oklahoma utilities are exclusively using Wyoming coal; and “WHEREAS, the Oklahoma ratepayers are paying $300 million annually for Wyoming coal; and “WHEREAS, a 1982 Ozark Council Report states that $9 million of the ratepayers dollars was paid as severance tax to the State of Wyoming. . . . . . . . . “NOW, THEREFORE, BE IT RESOLVED. . . : “THAT Oklahoma utilities using coal-fired generating plants seriously consider using a blend of at least ten percent Oklahoma coal with Wyoming coal and continue to meet air quality standards. “THAT the result of such a blend would assure at least a portion of the ratepayer dollars remaining in Oklahoma and enhancing the economy of the State of Oklahoma.”