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Vanderbilt Law Review

1998

Common law

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The Common Law "Duty To Serve" And Protection Of Consumers In An Age Of Competitive Retail Public Utility Restructuring, Jim Rossi Oct 1998

The Common Law "Duty To Serve" And Protection Of Consumers In An Age Of Competitive Retail Public Utility Restructuring, Jim Rossi

Vanderbilt Law Review

People like young Montray Cadet and his family will increasingly face the possibility of shut-off and limited access to utility services, such as telecommunications, natural gas, and electricity, as these industries-traditionally subject to obligations to serve customers-are deregulated. Already, the natural gas industry's introduction of retail competition in states like New York has been alleged to adversely affect the quality of and access to gas, essential to many New Yorkers for heating, and has led to the filing of a lawsuit against the state by consumer advocates.

Can vigorous retail competition of the type public utility deregulation envisions coexist with …