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10 Loy. Consumer L. Rev. 225 (1997-1998)
A Future of Green Power: Impact of the Electric Utility Deregulation in America

handle is hein.journals/lyclr10 and id is 223 raw text is: FEATURE ARTICLES A Future of Green Power: Impacts of the Electric Utility Deregulation in America By Christine Garcia Introduction: A Foundation and Background to Deregulation Today, the deregulation of the electric utility industry is sweeping our nation and has be- come one of the hottest issues among busi- nesses, economists, environmentalists, and consumer advocates. Utility deregulation raises different concerns and suspicions for these high interest groups. Deregulation issues include, but are certainly not limited to: tech- niques used, opportunities created, and conse- quences following. Although there are similari- ties with the deregulation of the telecommuni- cations and gas industries, this article only addresses the deregulation of the electric utility industry. Utility deregulation may connote a lack of restraint in businesses; thus, it is also referred to as utility restructuring, a less chaotic term. Regardless of terminology, this change in the utility industry will impact every facet of our community. At one time, electric utility companies had been granted monopoly franchises to take advantage of the cost benefits of centralized production.1 In return, state governments regulated these monopoly franchises which provided consumers with electricity genera- tion, transmission, and distribution.2 Thus, the state had the right to regulate price and quality of service.3 This relationship, between the powers of the monopoly franchises paired 1998 with the limits of state governments, is now taking different shape. State by state, legisla- tures are deciding that it is time for change in the utility industry. The ultimate intent of the utility deregula- tion is to open this once monopolistic utility industry to competition. According to the California Public Utilities Commission (CPUC), competition will provide several benefits, such as: 1) offering consumers greater choice in purchasing energy services, 2) lowering rates, 3) stimulating technological advances through competition, and 4) introduc- ing performance-based ratemaking for the remaining monopoly services.4 Several states are presently in transit toward this new com- petitive market. Some legislative bills which Loyola University Chicago School of Law • 225 Christine L. Garcia is receiv- ing her J.D. degree from Loyola University Chicago School of Law. She completed her B.A. with a major in History and a minor in Rhetoric at the Univer- sity of California at Berkeley. Her legal areas of interest are broad, and include international law, anti-trust litigation, and intellectual property. She plans on practicing abroad, and then returning to the west coast.

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