Law Commons^™

The Democratization Of Energy, Joseph P. Tomain

Faculty Articles and Other Publications

The electricity industry is changing in dramatic ways.Most significantly, as demonstrated by the Obama Administration's Clean Power Plan, the country is witnessing the merger of energy and environmental regulation. Historically, energy regulation was driven by the need to produce more power for economic growth. By contrast, environmental regulation attended to the pollution of the environment. Production of energy depends upon the use of natural resources, and throughout the fuel cycle from extraction and transportation to the burning and disposal of those resources, the environment is directly affected. Most dramatically, greenhouse gas emissions present climate change challenges. In order to effectively …

Traditionally-Structured Electric Utilities In A Distributed Generation World, Joseph P. Tomain

Faculty Articles and Other Publications

This article argues that the twenty-first century challenge to the electric industry is different in kind from previous challenges. Further, past responses to past challenges are inadequate to meet the convergence of demands posed on investor owned electric utilities by new technologies, new markets, and new regulations. Instead, the twenty-first century challenge requires a dramatic new response as electric utilities face a new economic order and as they seek revenue protection and assurances of financial stability from their regulators.

This article will first explore current industry characteristics and challenges in Part II. Part III will then discuss the current situation …

'Steel In The Ground': Greening The Grid With The Iutility, Joseph P. Tomain

Faculty Articles and Other Publications

As the United States addresses climate change through carbon reduction strategies, it must focus on the two major parts of our energy portfolio - oil and electricity. Electricity is a central focus because over one-half of all electricity generated is derived from coal-burning power plants, which are notoriously dirty. Other cleaner and renewable sources of electricity, such as wind and solar power, are available. However, over the last hundred years, the electricity industry has been constructed to serve large-scale, centralized and capital-intensive coal and nuclear plants.

There are good economic reasons for building large power plants. Economies of scale can …

Rethinking Reform Of Electricity Markets, Joseph P. Tomain

Faculty Articles and Other Publications

Rethinking Reform starts with a thought experiment about the complete deregulation of electricity markets. The article goes on to discuss how the traditional model of utility regulation has served its useful purpose and must be replaced. The two recommendations made in the article include the use of marginal cost pricing and an array of smart energy technologies to create a better and more efficient energy policy.

Nuclear Futures, Joseph P. Tomain

Faculty Articles and Other Publications

Nuclear Futures examines three scenarios for the future of nuclear power in light of current thinking regarding energy policy more broadly. To help situate the alternative policies, the article also provides a rough cost benefit analysis on how to think about adopting a particular nuclear policy. The article discusses a promotional nuclear policy as advocated by the current Administration and Department of Energy, Precautionary Nuclear Policy and the Smart Energy Policy that relies on market tests, alternatives to large scale capital intensive nuclear investments.

The Past And Future Of Electricity Regulation, Joseph P. Tomain

Faculty Articles and Other Publications

Electric industry restructuring has been an activity not free from difficulties. The California energy crisis of the summer of 2000, the world crisis after September 11, as well as the implosion of Enron have raised questions about the future of electricity restructuring. As a policy matter, the move to reduce command-and-control regulation of the electric industry and to promote competition enjoys widespread support. The industry, however, is not one that can be totally deregulated. This Article argues that the California and Enron crises may slow restructuring, but restructuring should continue as a matter of sound industrial policy. In addition, the …

Networkindustries.Gov.Reg, Joseph P. Tomain

Faculty Articles and Other Publications

This essay is part of a Symposium entitled "American Regulatory Policy: Have We Found A Third Way?" The paper looks at the changes in the regulation of what were once called public utilities and are now called network industries. Traditional regulation is described and compared with the current form and structure of the regulation of these industries. The paper makes the argument that, even though deregulation is occurring consistent with Third Way thinking, it is occurring not only because of changes in world global economic views. Rather, it is changing because of what traditional regulation has accomplished.

Traditional regulation constructed …

Electricity Restructuring: A Case Study In Government Regulation, Joseph P. Tomain

Faculty Articles and Other Publications

Understanding the electric power industry can at times be overwhelming given the amount of information, technical jargon, economic forecasts, and detail involved with such a complex field. For the sanguine (or the cynical), the more regulatory or deregulatory initiatives the better because the industry needs the regulatory services of lawyers and other consultants. For the less sanguine (or the less cynical), there is a desire for some stillness in this ongoing change in the regulation of the electric power industry. It is the intent of this article to provide some relief through a brief regulatory history of the electric industry. …