Regulating Public Utility Performance: The Law of Market Structure, Pricing and Jurisdiction
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Regulating Public Utility Performance: The Law of Market Structure, Pricing and Jurisdiction

Regulating Public Utility Performance: The Law of Market Structure, Pricing and Jurisdiction
Product Code: 5350248
Author: Scott Hempling
Publication Date: August 26, 2013
ISBN: 978-1-62722-292-1
Page Count: 500
Trim Size: 7 x 10, Paperback
Sponsoring Entities: Section of Environment, Energy, and Resources
Format: Book - 5350248
Pricing: $69.95 (Regular)
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About Regulating Public Utility Performance

For over a century, the law of public utility regulation has supported and disciplined the nation's infrastructural industries. Regardless of sector or era, all utility law has shared five features: its mission (to align private utility behavior with the public interest); its diversity (from state law exclusive franchises to federal protection of shareholder investment); its reliance on multiple professions (economics, accounting, engineering and finance); its sources (constitutions, statutes, regulatory orders and appellate opinions); and its flexibility (accommodating multiple market structures and public purposes).

New policy challenges are stretching regulation's legal boundaries. Commissions accustomed to processing rate cases are facing questions over climate change, universal broadband service, data privacy, microgrids, industry concentration and terrorism protection. The resulting tensions are both ideological (private vs. public ownership, government vs. markets) and jurisdictional (national standards vs. state experimentation). At stake are trillions of investor and consumer dollars.

Regulating Public Utility Performance organizes a century of legal principles to help the regulatory profession resolve these tensions and fashion new policies. Its mix of case narratives and doctrine, drawn from all legal sources, is geared to lawyers and non-lawyers, veterans and novices, practitioners and decisionmakers, academics and the mediaanyone seeking to use the law to serve the public interest.

Among the topics covered are market structure (monopolies, competition and the transitions between the two); pricing (including the distinctions among fair compensation, scarcity pricing and price-gouging); and jurisdiction (including the mismatch between bright jurisdictional lines and blurry market boundaries).
What Others Are Saying...

"In my experience, Scott Hempling's mastery of the complexities of 21st century public utility regulation is unmatched. Whether your perspective is that of a government lawyer, consumer advocate or utility counsel -- and I've held all of those positions -- you will find Hemplings analysis straightforward, carefully researched and impeccably logical. This book will be invaluable in helping all of us sort out the challenges facing todays utilities and their regulators.

- William J. Bullard, General Counsel, Oklahoma Gas & Electric

"Most books that profess to be either a reference or a textbook are either sadly behind the curve or tediously written. This is neither; instead, it is must reading for the entire regulatory ecosystem. Hempling provokes us to think more deeply and more expansively about the nuances and responsibilities of regulatory law and policy in the 21st century."

- Larry Landis, Commissioner, Indiana Utility Regulatory Commission

"For many years, Scott Hempling has been one of the most thoughtful and careful students of our nations public utility regulatory laws and policies. This volume will be an invaluable resource to both lawyers and non-lawyers who wish to understand and appreciate the legal framework in which our public utilities operate."

- Sonny Popowsky, former Consumer Advocate of Pennsylvania and former President, National Association of State Utility Consumer Advocates

"This book is characterized by uncommonly clear writing and superb organization. It will be a joy and an invaluable resource for the veteran, essential reading for the newcomer."

- Robert Marritz, Editor and Publisher,, and Ffounder, The Electricity Journal
More Information

Table of Content PDF
Summary of Contents PDF
About the Author PDF
Preface PDF
Chapter 1 PDF

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