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104 Calif. L. Rev. 1095 (2016)
Remaking Energy: The Critical Role of Energy Consumption Data

handle is hein.journals/calr104 and id is 1135 raw text is: Remaking Energy: The Critical Role of
Energy Consumption Data
Alexandra B. Klass* & Elizabeth J. Wilson**
This Article explores the public policy benefits associated with
increased access to energy consumption data as well as the legal and
institutional barriers that currently prevent such access. As state and
local governments as well as electricity users attempt to improve the
efficiency of their buildings, reduce greenhouse gas emissions, and
realize the promises of improved demand side management of energy
resources, the need for electricity and other energy-related data
becomes even more pressing. But the current law that balances
making energy consumption data available against any privacy or
confidentiality interests in the data is underdeveloped. Thus, this
Article draws on the more sophisticated legal frameworks governing
health care, education, and environmental emissions data that
balance. the public policy needs for data evaluation with
countervailing interests. A review of the law in these fields shows that
the privacy and confidentiality interests in energy consumption data
may be overstated and, in any event, can be adequately addressed in
most instances through aggregating the data, using historic rather
than current data, or through contracts and other agreements to
ensure security where access to individualized data is needed.
DOI: http://dx.doi.org/10.15779/Z38B55F
Copyright © 2016 California Law Review, Inc. California Law Review, Inc. (CLR) is a
California nonprofit corporation. CLR and the authors are solely responsible for the content of their
publications.
* Distinguished McKnight University Professor, University of Minnesota Law School.
Visiting Professor, Harvard Law School, 2015. We received extremely helpful comments from Brad
Karkkainen, Bill McGeveran, Amy Monahan, Francis Shen, Brendon Slotterback, Chris Villarreal,
and Steve Weissman on earlier drafts of this Article. Sam Andre and Andrew Heiring provided
excellent research assistance.
** Professor, Energy and Environmental Policy, Humphrey School of Public Affairs,
University of Minnesota.

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