Fortnightly Magazine - November 2010

Bench Report: Top Ten Legal Decisions of 2010

2010 Law & Lawyers Report

1. Private Bargaining vs. Public Interest; 2. Negawatts = Megawatts?; 3. Smart Grid Skeptics; 4. Troubled Waters; 5. $1 Billion Down the Drain; 6. Feed-In Frenzy; 7. Spreading Downwind; 8. Violator Beware; 9. Greenhouse Two-Step; 10. SPP’s ‘Highway/Byway’ Plan.

Black Swans and Turkeys

The industry isn’t as robust as we might think.

Investor-owned utilities might seem fairly robust, but they’re not impervious to unpredictable black-swan events. Ensuring the industry’s survival might depend on our ability to reduce our dependence on fragile and unsustainable regulatory structures.

People (November 2010)

DTE names Gerard Anderson CEO; Arthur Meyer ascends to general counsel at Dayton Power & Light and DPL; Exelon names new executives, including Calvin Butler, s.v.p. of human resources and Susan Weiss, v.p. of commercial operations; Deloitte Center for Energy Solutions appoints former FERC Commissioner Branko Terzic executive director, and adds former FERC Commissioner William Hederman to its energy and resources group; other executive changes at OGE Energy, Ameren, Chesapeake Utilities, El Paso Electric, Otter Tail, ISO New England, EPRI, AGA, NIST, and more.

What Happened in Maryland

State case has national implications for grid modernization.

Strict adherence to cost-of-service ratemaking led to what might be considered a Luddite decision in the Maryland PSC’s initial rejection of BGE’s smart-grid filing. More than 60 years ago, the U.S. Supreme Court ruled that ratemaking calls for “pragmatic adjustments” to regulatory policy, toward the goal of sensible and effective rate orders. Delaying modernization doesn’t serve the aims of customer choice, conservation or electric system efficiency.

Dynamic Pricing and Low-Income Customers

Correcting misconceptions about load-management programs.

Do low-income customers respond to dynamic rates? The answer is yes, and in fact such customers can benefit from dynamic pricing without shifting loads”contrary to conventional wisdom. A study co-authored by the Edison Foundation’s Institute for Electric Efficiency and the Brattle Group shows that restricting access to dynamic rates might actually be harmful to most low-income customers.

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