This Article presents a case study of agency waiver procedures, based on the Federal Energy Regulatory Commission's (FERC's) regulations for qualifying power generation facilities under the Public Utility Regulatory Policies Act of 1978 (PURPA). After presenting a survey of the literature...

The filed rate doctrine is a venerable doctrine of public utility regulation. Federal courts applying the doctrine frequently defer to the regulatory agency and refuse to consider the merits of alleged violations of antitrust, tort or contract claims where resolution would require a departure...

In recent years, the federal government's efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission's (FERC) broad “deregulatory” efforts, which commenced in the 1990s, might...

This chapter addresses the interaction between public choice and legal issues in the energy industry. The extent to which the interaction between private stake holders and governmental actors in the energy industry reflects self-interest rather than sound economic policy was studied by public...