The 'But For' Test — A Fiction That Needs To Go

Law360 (June 25, 2010, 11:58 AM EDT) -- There is widespread agreement among state and federal regulators and policymakers that the most significant impediment to developing the electric transmission infrastructure needed to ensure reliable and efficient delivery and facilitate renewable generation goals is the controversy over who will pay for the new infrastructure.

While there is general agreement that the cost recovery rules should be based on "beneficiary pays," there is a continuing controversy over what exactly this means.

Historically, utilities developed rates for transmission service based on the assumption that the local transmission system was planned and operated to meet the aggregate needs of their local customers. Rates...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related Sections

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!