Dear Colleagues,
On June 21, 2021 I will become an Administrative Law Judge at the Federal Energy Regulatory Commission. For this opportunity I thank FERC Chair Richard Glick, who appointed me; and Chief Judge Carmen Cintron, who will swear me in. It is a privilege to join this superb group of Judges.
I will continue to teach my Fall course at Georgetown Law, “The Law of Public Utilities: Bringing Competition to Monopolistic Industries.” Each Spring I will teach a similar course, pro bono, to members of the regulatory community. Twelve Monday evenings starting in January, it will be sponsored by the National Regulatory Research Institute, which will set the access terms and announce registration in October. Both courses are based on my book Regulating Public Utility Performance: The Law of Market Structure, Pricing and Jurisdiction. A second edition will be published by the American Bar Association this month. It adds about 100 pages on decarbonization, net neutrality, franchise competition, distributed generation, and state-level debates over the century-old question “What is a public utility?”
Consistent with closing down my law practice, over the next two months I will be converting my website, www.scotthemplinglaw.com, into repository of my writings. I will no longer publish monthly essays.
For those of you familiar with my book Regulating Mergers and Acquisitions of U.S. Electric Utilities: Industry Concentration and Corporate Complication (Edward Elgar 2020), here is a link to a recent review in the Energy Law Journal by University of Chicago law professor Joshua Macey.
On a personal level: I will continue performing as a cellist at the Riderwood Jewish Community's High Holy Day services, lifting weights with other old guys at the Y, and running on the streets of Takoma Park, Maryland, where my wife and I are downsizing this month. I will remain available to my regulatory colleagues, outside of office hours, to discuss regulatory policy informally, provided there is no overlap with my FERC duties, actual or perceived. In any such discussion, my views will not necessarily represent those of the Commission, its Chair or Commissioners, or the U.S Government. My non-FERC contact information will remain unchanged: shempling@scotthemplinglaw.com and 301-754-3869.
Unstated in this spare note, but dominant in my mind and heart, are my deep thanks for the countless opportunities I have had to learn so much from so many of you. Please be safe and be well.
Scott Hempling
