Th e der egu latio n of th e electric utility indus try ha s been wellpublicized and mu ch discussed b oth insi de and outsi de the ind ustry.This d er egulation pr oduces the pr ospect of un cert ai nty in a n indus -try th at has known some level of ce rtai nty t h ro ugh t he "r a t e ofr eturn " st a nda rds imp osed by regulators to set ra tes, a nd there bysupport rev enues . Accordingly, the historical concept of "used an duseful" will no longer be th e det ermini ng facto r in calculating return.Thi s change may produce economic dislocation given the capitalint en sit y within th e elect ric utility in dustry. The Federal EnergyRegu lat ory Commi ssi on ("FERC") has clea rly indicate d that it in-ten ds to cr eat e a comp etitive market place for electric power. It willaccomplish this by a llowing any generatio n source "open access" totr an smi ssion lin es th at have been previously controlled by vertically-int egr at ed utilities .As a result, certain as sets , such as dist ribu ti on assets a nd someportion of t rans mission assets, will cont i nu e to be r ate of re turn regu -lat ed ; however, the re maining electric ut ility assets will most likelybe s ubj ect to compet itive ma r ket r eturn s.
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