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4 Harv. Bus. L. Rev. Online 38 (2013-2014)
The Regulatory Challenge of Distributed Generation

handle is hein.journals/hblro4 and id is 38 raw text is: THE REGULATORY CHALLENGE OF DISTRIBUTED GENERATION DavidB. Raskin* I. Introduction Recent published reports point toward a growing conviction that the demand for utility service from the U.S. electric grid may soon decline, perhaps substantially, due to the expanding use of distributed generation.' One report prepared by a division of Citigroup describes the improving economics of distributed solar power, which the authors expect will continue.2 A second Citigroup report projects reductions in the demand for utility service in developed markets of up to fifty percent by 2050.' Favorable projections for distributed generation, however, depend on assumptions about technological change that may turn out to be overstated, and even if distributed generation grows substantially, millions of homes and businesses will continue to rely on the electric grid for many decades.4 * David Raskin is a partner in the Washington, DC office of Steptoe & Johnson LLP. He has represented stakeholders in the electric power industry for more than thirty years. During this time, he has been involved in most of the significant federal regulatory initiatives designed to increase competition in the electric industry and has assisted clients in managing the unprecedented changes that have occurred in recent decades. ' E.g., Diane Cardwell, On Rooftops, a Rival for Utilities, N.Y. TIMES, July 26, 2013, http://www.nytimes.com/2013/07/27/business/energy-environment/utilities-confront-fresh-threat-do-it- yourself-power.html; Peter Kind, Disruptive Challenges: Financial Implications and Strategic Responses to a Changing Retail Electric Business, EDISON ELECTRIC INSTITUTE (Jan. 2013), www.eei.org/ourissues/finance/Documents/disruptivechallenges.pdf 2 Citi Research, Rising Sun: Implications for US Utilities (Aug. 8, 2013), http://www.wecc.biz/committees/BOD/TEPPC/SPSG/Lists/Events/Attachments/706/CITl- Rising %2OSun% 20Implications% 20for% 20US %2OUtilities.pdf. ' Jason Channell et al., Energy Darwinism: The Evolution of the Energy Industry, CITI GLOBAL PERSPECTIVES & SOLUTIONS 73-75 (Oct. 2013), https://ir.citi.com/Jb89SJMmf% /2BsAVK2AKa3 QE5EJwb4fvl5UUplDOICiGOOkONV2CqNI /2FPDLJq xidz2VAXXAXFB6fOY% 3D. 4 Even if Citi's aggressive prediction of fifty percent demand reduction by 2015 turns out to be

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