Rewiring The Future Of State Power Generation

Law360, New York (February 20, 2014, 4:28 PM EST) -- For decades, the division of authority between state and federal regulators in the electric utility industry was reasonably clear. The states had the power to authorize the construction of power plants within their borders, while the federal government generally did not. And the states regulated retail rates, while the Federal Energy Regulatory Commission, for the most part, regulated wholesale rates.

With industry restructuring and the evolution of the wholesale capacity markets overseen by FERC, some wonder whether a century of resource planning by state regulators has...
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