Effective Regulation of Public Utilities
Agencies do not need to conduct experiments in order to rely on the prediction that an unsupported stone will fall.
Associated Gas Distributors v. FERC, 824 F.2d 981, 1027 (D.C. Cir. 1987) (finding that regulators need not conduct factual hearings to learn that monopolists will act in their self-interest)
Infrastructure, Market Structure, and Utility Performance: Is the Law of Regulation Ready?
Infrastructure, market structure, and utility performance: three challenges for regulators, each one a multidisciplinary puzzle. What role can law play in finding solutions? This speech addresses three main questions: (1) Infrastructure Investment: How Do We Ensure Sufficiency and Prudence? (2) Market Structure: How Do We Produce the "Best Possible Mix of Inevitably Imperfect Regulation and Inevitably Imperfect Competition"? and (3) Utility Performance: How Do We Define It? How Do We Induce It?
Paper published by the National Regulatory Research Institute.