The Disciplined Regulator

The future belongs to those organizations, as well as those individuals, that have made an active, lifelong commitment to continue to learn.

People unable to engage in disciplined thought may sport trendy dress and use up-to-date argot, [but] they are essentially stranded in the same intellectual place as barbarians.

— Howard Gardner, Five Minds for the Future (2008) at 36.

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The Regulator’s Role: Thirty Years of Change, More Ahead

As of the late 1970s, utilities built infrastructure, served customers, made rate requests. Commissions approved projects and set rates. A regulator could describe her role in a single sentence: “We protect customers from monopoly abuse—from inefficiency, sloth, cost overruns, excessive rates.” Consumers were passive, at-risk individuals, lacking options, needing protection.

Today, regulation’s consumer protection role is only one star in a growing galaxy of responsibilities. Regulators make markets, plan infrastructure, collect and manage investment funds, incubate renewable energy, assess mergers, promote broadband, design energy-efficiency programs, provide low-income assistance, even run auctions. They host interest-group gatherings, resolve stakeholder differences, even act as political shields for executives and legislators paralyzed by the complexity of it all. . .

Services

Testimony, Papers, and Presentations

The testimony addresses the following: the effect of the transaction on consumers, including: (1) reasonableness of the purchase price, including whether the purchase price was reasonable in light of the savings that can be demonstrated from the merger and whether the purchase price is within a reasonable range; (2) whether ratepayer benefits . . .
Testimony addresses the issues of whether the proposed transaction affects the interests of ratepayers; the ability of JCP&L and MAIT to provide safe, adequate, and proper utility service at just and reasonable rates; and whether the proposed transaction is in the public interest.
This expert report was submitted to a federal trial court in May 2016 on behalf of City of Jacksonville, Florida. The litigation, and report, involve a 1943 disaffiliation of a gas corporation from its holding company, as mandated by the Public Utility Holding Company Act of 1935. The report explains why the disaffiliation did not prevent liability for the costs of environmental cleanup, if such liability exists under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, from passing to the new corporation.

Now Available

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

Energy Bar Association
Panel on Practice Principles for New Regulatory Lawyers


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


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Hempling Courses at Georgetown Law

Spring 2017 | Litigating at Regulatory Agencies: Roles, Skills and Strategies


Fall 2017 | Renewable Energy, Internet, Uber: Bringing Competition to Historically Monopolistic Industries

Electricity Jurisdiction

Testimonials

I highly recommend Scott Hempling. I have known him since 2003, since he was a consultant for the Hawaii Public Utilities Commission on various important and cutting-edge policy regulatory matters in Hawaii, through his time as the Executive Director at the National Regulatory Research Institute. His expertise, knowledge, and experience in all regulatory and energy matters is unmatched, and he would be a highly valuable resource and asset in any such endeavor.
— Carlito P. Caliboso, former Chairman, Hawaii Public Utilities Commission