This paper explores possible responses to the fact that unregulated generation prices are higher than hoped and few consumers are using non-utility power suppliers. It identifies regulatory access points relative to demand-side management and energy efficiency that cross-cut the various restructurings of the electric industry across the US, while pointing out how cross-cutting elements of regulatory roles vary depending on the local situation. Four major categories of leverage points are addressed: planning, retail rate-making, environmental regulation, and funding.
Originally published in Pace Environmental Law Review 18, no. 2 (Summer 2001): 295-307.