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Articles 1 - 30 of 47
Full-Text Articles in Law
Reclaiming Regulatory Intermediation For The Public, Daniel E. Walters
Reclaiming Regulatory Intermediation For The Public, Daniel E. Walters
Faculty Scholarship
Managerial governance is often operationalized through outsourcing the regulatory function from public institutions—for example, administrative agencies—to private organizations. In virtually any sector, it is possible to identify private “regulatory intermediaries” that step between public agencies and regulated parties to perform tasks traditionally played by government actors—for example, the development of regulatory standards, auditing, compliance assurance, enforcement, and more. Although this reliance on private regulatory intermediaries may in some cases be highly advantageous to government institutions since it may sometimes allow government agencies to do more regulatory work than their own resources and capacity might allow—it comes at significant costs of …
Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung
Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung
Journal of the National Association of Administrative Law Judiciary
Many public utility commissions were originally created to regulate railroad companies. However, during the transition to the modern era their reach was greatly expanded to encompass the host of now regulated public industries. In more recent times, the role of the public utility commission has further expanded beyond regulation of specific industries to become tools to implement various policy goals and attitudes towards respective industries. Part II of this paper will seek to address different issues that may be encountered by the modern public utility commission. Part III of this paper seeks to present the concept of incentive regulation, which …
Transportation Electrification: An Examination Of The Utility's Role, Kate Kahlert
Transportation Electrification: An Examination Of The Utility's Role, Kate Kahlert
Mitchell Hamline Law Review
No abstract provided.
Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure, Raquel Parks
Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure, Raquel Parks
Pace Environmental Law Review
Natural disasters and climate change have made it apparent that energy infrastructure needs to be modernized and microgrids are one type of technology that can help the electricity grid become more resilient, reliable, and efficient. Different states have begun developing microgrid pilot projects including California, New York, Connecticut, and Pennsylvania. The City of Pittsburgh, Pennsylvania is the first city to propose implementing “energy districts” of microgrids that will serve as critical infrastructure, in the first phase, and then expand to commercial and community settings. This large project involves many shareholders including public utilities, government agencies, and private entities. Utilizing microgrids …
Grasping For Energy Democracy, Shelley Welton
Grasping For Energy Democracy, Shelley Welton
All Faculty Scholarship
Until recently, energy law has attracted relatively little citizen participation. Instead, Americans have preferred to leave matters of energy governance to expert bureaucrats. But the imperative to respond to climate change presents energy regulators with difficult choices over what our future energy sources should be, and how quickly we should transition to them—choices that are outside traditional regulatory expertise. For example, there are currently robust nationwide debates over what role new nuclear power plants and hydraulically fractured natural gas should play in our energy mix, and over how to maintain affordable energy for all while rewarding those who choose to …
Medicine As A Public Calling, Nicholas Bagley
Medicine As A Public Calling, Nicholas Bagley
Michigan Law Review
The debate over how to tame private medical spending tends to pit advocates of government-provided insurance—a single-payer scheme—against those who would prefer to harness market forces to hold down costs. When it is mentioned at all, the possibility of regulating the medical industry as a public utility is brusquely dismissed as anathema to the American regulatory tradition. This dismissiveness, however, rests on a failure to appreciate just how deeply the public utility model shaped health law in the twentieth century— and how it continues to shape health law today. Closer economic regulation of the medical industry may or may not …
Ohio Edison V. Public Utility Commission Of Ohio: Affirming The Charitable And Municipal Exception To The Policy Against Anti-Competitive Behavior, John E. Ferren
Akron Law Review
This Note will analyze the effects that the Ohio Edison decision will have on the utility industry and on electric consumers.This Note will also explore the common law rule, the background of the rule, and competition in the utility industries. This Note will thoroughly address the opinion and its underlying rationale. Finally, this Note will explore changes within the law and regulation necessary to bring competition to the public utilities industry.
The Sun Also Rises: Prospects For Solar District Heating In The United States, Adam L. Reed, John S. Mccartney
The Sun Also Rises: Prospects For Solar District Heating In The United States, Adam L. Reed, John S. Mccartney
Kevin L Doran
Renewable thermal energy remains a largely untapped resource in the United States, despite its low costs and growing popularity in many other countries and the pressing need to rapidly deploy and scale carbon-free energy sources in order to mitigate anthropogenic climate change. In this article, an energy attorney and a civil engineer collaborate to examine the prospects in the United States for solar district heating (SDH), a thermal technology that leverages economies of scale to provide zero-carbon, round-the-clock space and water heating (on average, the two largest components of building energy demand) to neighborhoods and commercial zones at costs competitive …
Regulation Of Energy By The Colorado Public Utilities Commission, William Hamilton Mcewan, Peter R. Nadel
Regulation Of Energy By The Colorado Public Utilities Commission, William Hamilton Mcewan, Peter R. Nadel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Toward Legitimacy Through Collaborative Governance: An Analysis Of The Effect Of South Carolina's Office Of Regulatory Staff On Public Utility Regulation, William H. Ellerbe
Toward Legitimacy Through Collaborative Governance: An Analysis Of The Effect Of South Carolina's Office Of Regulatory Staff On Public Utility Regulation, William H. Ellerbe
Michigan Telecommunications & Technology Law Review
In 2004 the South Carolina General Assembly instituted a major reform to its system of public utility regulation. Previously, the Public Service Commission, the administrative agency in charge of regulating public utilities, both adjudicated utility proceedings and, through its staff,a advocated for the public interest. A scandal concerning revelations of extensive ex parte communications between regulated utilities and members of the Public Service Commission led to the 2004 reform, which created the Office of Regulatory Staff (ORS) as a separate agency to perform the Commission's advocative functions. In my research, I use data on fuel factor proceedings before and after …
Keep Hope Alive: Updating The Prudent Investment Standard For Allocating Nuclear Plant Cancellation Costs, Jonathan Kahn
Keep Hope Alive: Updating The Prudent Investment Standard For Allocating Nuclear Plant Cancellation Costs, Jonathan Kahn
Faculty Scholarship
As the United States is poised to enter a new era of nuclear power plant construction, it behooves us to revisit some of the controversies of the past and consider how best to deal with some of the major problems that arose once before and may confront us once again as we go down this path. A flurry of costly, protected, and complex disputes concerning the allocation of plant cancellation cost followed upon the collapse of the first boom in nuclear power plant construction during the 1970s and 1980s. These cases led to highly divergent results depending of the jurisdiction …
Public Utility Law, B. Paige E. Holloway
Public Utility Law, B. Paige E. Holloway
University of Richmond Law Review
No abstract provided.
Ferc-Sec Overlapping Jurisdiction And The Ohio Power Litigation: A Loss For Ratepayers, Gary D. Levenson
Ferc-Sec Overlapping Jurisdiction And The Ohio Power Litigation: A Loss For Ratepayers, Gary D. Levenson
Indiana Law Journal
No abstract provided.
Public Utility Takeovers In Kentucky: A Rare Breed Gets Rarer, John Park
Public Utility Takeovers In Kentucky: A Rare Breed Gets Rarer, John Park
Kentucky Law Journal
No abstract provided.
Interim Hearing On Emerging Utility Trends: Competition And Diversification, Senate Committee On Energy And Public Utilities
Interim Hearing On Emerging Utility Trends: Competition And Diversification, Senate Committee On Energy And Public Utilities
California Senate
Across the board, every utility under the jurisdiction of this committee, and regulated by the PUC in this state, is planning and strategizing and promoting new ventures into competitive markets to make money. Both the telecommunications utilities, which found last year that they could explore new competitive territories, and the energy utilities, who have found that their logical investment domain in areas of energy development may have topped out in the state, seem to be rushing to invest before the mysterious "window of availability" closes.
Universal Scrubbing: Cleaning The Air, Eugene M. Trisko
Universal Scrubbing: Cleaning The Air, Eugene M. Trisko
West Virginia Law Review
No abstract provided.
Automatic Fuel Adjustment Clauses: Time For A Hearing, Marshall A. Leaffer
Automatic Fuel Adjustment Clauses: Time For A Hearing, Marshall A. Leaffer
Articles by Maurer Faculty
Through automatic fuel adjustment clauses, utilities in most states are permitted automatically to pass through to customers any increase in fuel costs, thereby circumventing a general rate hearing before a public utilities commission where the validity of any such rate increase could be publicly examined In this Article the author discusses the benefits and detriments of the automatic fuel adjustment clause, using the clause that existed in Ohio until quite recently as an example. He concludes that such a rate increase without a hearing can no longer be justified on the basis of uncontrollable fuel costs. Instead he advocates adoption …
A Report On Utility Participation In Solar Energy Development, James P. Lough
A Report On Utility Participation In Solar Energy Development, James P. Lough
Duquesne Law Review
The promise of solar energy use in remedying the critical need for energy sources which provide alternatives to oil is the concern of this article. The author examines the role that utility companies could perform in the development and marketing of solar energy systems and considers the potential for anticompetitive abuse that might result. He concludes, however, that congressional plans for solar development have placed unfair, unwarranted, and counterproductive restrictions on utilities and may have precluded otherwise promising development.
The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill
The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill
West Virginia Law Review
No abstract provided.
The Competitive Aspects Of Utility Participation In Solar Development, William H. Lawrence, John H. Minan
The Competitive Aspects Of Utility Participation In Solar Development, William H. Lawrence, John H. Minan
Indiana Law Journal
No abstract provided.
Due Process And The Automatic Fuel Adjustment Clause, Randall Ogg
Due Process And The Automatic Fuel Adjustment Clause, Randall Ogg
Indiana Law Journal
No abstract provided.
Constitutional Law--Obtaining Due Process In Public Utility Pre-Termination Procedures, Mark A. Summers
Constitutional Law--Obtaining Due Process In Public Utility Pre-Termination Procedures, Mark A. Summers
West Virginia Law Review
No abstract provided.
Public Utilities--What Constitutes A Public Utility In West Virginia, William Douglass Goodwin
Public Utilities--What Constitutes A Public Utility In West Virginia, William Douglass Goodwin
West Virginia Law Review
No abstract provided.
Cost Adjustment In Utility Rate Schedules, Joe H. Foy
Cost Adjustment In Utility Rate Schedules, Joe H. Foy
Vanderbilt Law Review
For many years public utilities and regulatory commissions have been greatly concerned over the time and expense involved in proceedings relative to utility rates. Few types of legal proceedings are more complex, intricate and expensive than the full-blown utility rate case, with its myriad problems in valuation, economics, accounting, law and engineering. Particularly during inflationary periods, such as the present, mounting expenses of operation confront utilities and commissions with the dismal prospect of repeated applications for rate adjustment and formal hearings thereon. It is not surprising that techniques have been sought to simplify the rate making process, consistent with the …
Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce
Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce
Books
Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers …
Public Utilities--The Aftermath Of The Hope Case In Kentucky (Ii), Glenn L. Greene Jr.
Public Utilities--The Aftermath Of The Hope Case In Kentucky (Ii), Glenn L. Greene Jr.
Kentucky Law Journal
No abstract provided.
Competitive Operation Of Municipally And Privately Owned Utilities, Charles M. Kneier
Competitive Operation Of Municipally And Privately Owned Utilities, Charles M. Kneier
Michigan Law Review
Public utility services for cities are usually provided on the principle of regulated monopoly. It has been found that by the very nature of the utility business, better service can be had and at cheaper rates by the use of one supplier rather than by the use of competing plants: This one plant having a monopoly of the business may be either privately or municipally owned. If the service is furnished by a privately owned utility, regulation is usually by a state commission, but in a few states regulation is still largely by the city in which the company operates. …
Book Review. Discrimination By Railroads And Other Public Utilities By I. Beverly Lake, Ivan C. Rutledge
Book Review. Discrimination By Railroads And Other Public Utilities By I. Beverly Lake, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Municipal Ownership Of Utilities In Indiana, Harry T. Ice
Municipal Ownership Of Utilities In Indiana, Harry T. Ice
Indiana Law Journal
No abstract provided.
The West Virginia Public Service Commission: Iv. Rate Regulation, C. A. Peairs
The West Virginia Public Service Commission: Iv. Rate Regulation, C. A. Peairs
West Virginia Law Review
No abstract provided.