Law & Lawyers

“We pursue a disciplined approach to risk management" says the CEO of a major utility during the company's earnings call with analysts and investors. In this era of increased scrutiny over corporate governance, how can senior management and the board be certain that this statement is accurate, and where does the discipline begin?

Proponents of mandatory carbon limits – though increasing in number – still constitute a minority within the utility industry. Most utilities prefer voluntary greenhouse-gas (GHG) emissions reductions, or take the view that CO2 should not be considered a pollutant at all.

Two major trends can be observed in Europe’s electricity sector. First, the increasing importance of private-sector participation in a sector that was traditionally viewed as belonging to the state. The second major trend in Europe is that of the massive amount of merger and acquisition activity across the continent. At the same time, several hurdles remain to further liberalization and full competition in the European electricity sector.

It’s not to be taken lightly when several high-profile economists reverse themselves on electric competition—giving up on policies they had pushed for years. It’s also quite serious when regulators and legislators in pro-competitive states become willing to discuss a repeal of electric restructuring laws. These developments, seen over the fast few months, have set the industry buzzing.