Assessing Regulatory Performance:
Measurements, Actions, Results

The regulatory calendar is linear, one docket after another:  rate cases, integrated resource plans, mergers, financings, interconnections, unbundling, market entry.  The pace, the intensity, the enormity of the stakes—combined they can make a regulator feel like a cross between emergency room physician and supermarket checkout clerk.  Too easily lost is the purpose of it all.  That purpose is the performance of the industries we regulate.  Performance is a composite of services, quality levels and cost levels, continuously improving, and reflecting the values of innovation, safety, reliability and resilience. 

To make performance central, we need measurements.  Those measurements assess the effects of actions—actions by the regulatory agency and other government agencies, actions by the regulated companies and actions by consumers.  Only by measuring the effects of actions, can regulators be accountable for results.


Testimony, Papers, and Presentations

Effective regulatory litigators ask “How can I help the agency make the best decision?” This article presents a set of principles that, if applied by practitioners and decision-makers, will help lawyers advocate effectively and help agencies advance their statutory missions. I have organized these principles according to the nine typical stages of litigation.

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Regulating Public Utility Performance

“[A] comprehensive regulatory treatise …. In all respects, it merits comparison with Kahn and Phillips."

Regulating Public Utility Performance:  The Law of Market Structure, Pricing and Jurisdiction

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Preside or Lead

Preside or Lead?
The Attributes and Actions of Effective Regulators

Now Available on Kindle

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Hempling Appearances

UDC Law School Panel
Is the Exelon Takeover of Pepco in the Public Interest?

Nigeria Electricity Regulatory Commission
3rd Judges’ Seminar

Telecom Forum
Asamblea Plenaria REGULATEL

NARUC Annual Meeting
Panel on State–Federal Relations

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Upcoming Seminar

The Fundamentals of
Electricity Law

October 8–9, 2015
Wash DC/Silver Spring

  • Law of Market Structure
  • Sales & Pricing of Power
  • Sales & Pricing of Transmission
  • Law of Corporate Structure
  • Climate Change and Regulation
  • FERC Order 1000

Seminar Details


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Electricity Jurisdiction

Letter to Governors and Legislators


While we will dearly miss you as NRRI's Executive Director—where you have been so invaluable—I am delighted that you will now be in the classroom enlightening and sparking the interest of the next generation.
— Paul J. Roberti, Commissioner, Rhode Island Public Utilities Commission