NRG Power Marketing: An Economist’s Assessment

Law360, New York (February 1, 2010, 12:40 PM EST) -- The Jan. 13 Supreme Court decision, NRG Power Marketing, et. al. v. Maine Public Utility Commissioners, et. al., appears to revolve around the interpretation of a regulatory construct, the so-called Mobile-Sierra doctrine, and to be of limited general interest.

In fact, this decision is an instrumental piece of a long process that might finally unleash the powers of competition in electricity. It is all the more striking given the recent popular skepticism regarding deregulation efforts in general, and electricity deregulation in particular.

Economic regulation by authorized...
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