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Rethinking Reform of Electricity Markets

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Rethinking Reform of Electricity Markets

University of Cincinnati College of LawUniversity of Cincinnati College of Law Scholarship and PublicationsFaculty Articles and Other PublicationsFacu

Rethinking Reform of Electricity Marketsulty Scholarship38353Rethinking Reform of Electricity MarketsJoseph p. TomainL’nnvwrfy ũf Cincinnati College Law. (Oseph.tonuiníỊíuc.eduFollow this an

d additional works at: http://scholarship.law.uc.edu/fac_pubsÒ* Part of the Administrative Law Commons, and the Energy Law CommonsRecommended Citation Rethinking Reform of Electricity Markets

remain, Joseph P-, "Rethinking Reform of Electricity Markets* (200S). Faculty Articki and Other PubliMtiOHi. Paper 104. http://scholarshiplaw.uc «du/f

Rethinking Reform of Electricity Markets

ac_pubs/104'Ihn. Article is. brought to you tor five and open acccM. by the Faculty Scholarship at LVuvenlty of Cincinnati Cxillcge of Law Schcỉartlup

University of Cincinnati College of LawUniversity of Cincinnati College of Law Scholarship and PublicationsFaculty Articles and Other PublicationsFacu

Rethinking Reform of Electricity MarketsCollege of Law Scholarship and Publications. Foe more infuematioo, pkasc contact ken. birditSsK.edu.RETHINKING REFORM OF ELECTRICITY MARKETSSidney A.

Shapiro* Joseph p. Tomain**I. IntroductionThe reform of regulation of electricity markets has the potential to cause substantial changes in the way in Rethinking Reform of Electricity Markets

which consumers receive and use electricity. Reform-minded actors, particularly the Federal Energy Regulatory Commission (“FERC”), have used their re

Rethinking Reform of Electricity Markets

gulatory powers to restructure electricity markets to rely on competition in generation markets to promote lower prices and innovation. Other jurisdic

University of Cincinnati College of LawUniversity of Cincinnati College of Law Scholarship and PublicationsFaculty Articles and Other PublicationsFacu

Rethinking Reform of Electricity Marketsh electricity deregulation* 1 and the calamitous electricity blackout in the northeastern United States2 have added to the political, if not policy, c

hallenges of achieving reform. The editors of the Wake Forest Law Review have dedicated this issue to understanding how these recent experiences have Rethinking Reform of Electricity Markets

affected efforts to reform the regulation of electricity markets.Reform efforts reflect a growing rejection of the “Traditional Model” of electric uti

Rethinking Reform of Electricity Markets

lity regulation, and we agree that this model has reached the end of its useful life. Such being the case, then, what should replace it? Going where a

University of Cincinnati College of LawUniversity of Cincinnati College of Law Scholarship and PublicationsFaculty Articles and Other PublicationsFacu

Rethinking Reform of Electricity Marketsy limitation of current efforts to restructure electricity markets. While current efforts seek to establish a competitive generation market, these eff

orts do little or nothing to address the significant environmental problems that are associated with the generation of electricity and* University Dis Rethinking Reform of Electricity Markets

tinguished Chair in Law, Wake Forest University School of Law; Scholar. Center for Progressive Regulation.♦♦ Dean Emeritus and Wilbert and Helen Ziegl

Rethinking Reform of Electricity Markets

er Professor of Law, University of Cincinnati College of Law. Scholar, Center for Progressive Regulation. The authors appreciate the research assistan

University of Cincinnati College of LawUniversity of Cincinnati College of Law Scholarship and PublicationsFaculty Articles and Other PublicationsFacu

Rethinking Reform of Electricity Markets 297, 299-306 (2002).2.See Antonio Regalado & Gary Fields, Blackout a Reminder of Grid’s Vulnerability to Terror, Wall St. J., Aug. 15, 2003, at A4.49

7HeinOnline40 Wake Forest L. Rev. 497 2005498WAKE FOREST LAW REVIEW[Vol. 40that will remain in restructured electricity markets.In our view, the Smart Rethinking Reform of Electricity Markets

Model has two components that fill this gap.3 4 On the generation side, there would be increasing reliance on renewable energy sources and on making

Rethinking Reform of Electricity Markets

the electrical grid more efficient and more reliable. On the consumption side, the price of electricity to each consumer would be based on the margina

University of Cincinnati College of LawUniversity of Cincinnati College of Law Scholarship and PublicationsFaculty Articles and Other PublicationsFacu

Rethinking Reform of Electricity Marketsof electricity and the production of energy used to generate electricity. While progress has been made reducing these impacts, they are still signific

ant and require additional attention.Part III describes the birth, life, and death of the “Traditional Model.” For the last three or more decades, fed Rethinking Reform of Electricity Markets

eral and state regulators have been engaged in widespread deregulation of significant parts of the Traditional Model.* While we recognize the signific

Rethinking Reform of Electricity Markets

ant advantages of this effort, it does not address reducing the pollution and other environmental problems caused by relying on fossil fuels, particul

University of Cincinnati College of LawUniversity of Cincinnati College of Law Scholarship and PublicationsFaculty Articles and Other PublicationsFacu

Rethinking Reform of Electricity Marketstricity markets along the lines suggested by the “Smart Model,” but this agenda has not received the attention it deserves from regulators, politician

s, and the public.Part rv describes a Smart Model of electricity generation composed of four elements. A Smart Model would rely on both distributed ge Rethinking Reform of Electricity Markets

neration, which is composed of small-scale sources of electricity generation that are environmentally friendly, and solar-and wind-generated electrici

Rethinking Reform of Electricity Markets

ty because they are renewable sources of energy. A Smart Model would also utilize energy portfolios or regulatory standards that require electricity g

University of Cincinnati College of LawUniversity of Cincinnati College of Law Scholarship and PublicationsFaculty Articles and Other PublicationsFacu

Rethinking Reform of Electricity Marketsr a3.See Elizabeth Thomas et al., Unlocking Regulatory Barriers to Sustainable Energy Systems, 19 Nat. Resources & Env’t, Fall 2004, at 51, 51 (recogn

izing the two components of the Smart Model).4.Paul L. Joskow, Deregulation and Regulatory Reform in the U.S. Electric Power Sector, in Deregulation o Rethinking Reform of Electricity Markets

f Network Industries: What’s Next 113 (Sam Peltzman & Clifford Winston eds., 2000); Richard D. Cudahy, Electricity Deregulation After California: Down

Rethinking Reform of Electricity Markets

But Not Out, 54 Admin. L. Rev. 333, 336-37 (2002); Alfred E. Kahn, The Deregulatory Tar Baby: The Precarious Balance Between Regulation and Deregulat

University of Cincinnati College of LawUniversity of Cincinnati College of Law Scholarship and PublicationsFaculty Articles and Other PublicationsFacu

Rethinking Reform of Electricity Marketsted Industries Law, 98 Colum. L. Rev. 1323, 1324 (1998); John s. Moot, Economic Theories of Regulation and Electricity Restructuring, 25 Energy L. J.

273, 274-78 (2004).HeinOnline40 Wake Forest L. Rev. 49â 2C05 Rethinking Reform of Electricity Markets

University of Cincinnati College of LawUniversity of Cincinnati College of Law Scholarship and PublicationsFaculty Articles and Other PublicationsFacu

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