Organizations Involved: Vanderbilt Law School
Source: Duke Law Journal

Abstract

This article finds that as FERC has mostly ended its regulation of wholesale markets, states have responded with regulatory change creating a back and forth between them to ensure statutory duties are met and to avoid regulatory gaps, and argues that this “exit” and “exchange” of duties is good, and that FERC should (even must) recognize and proactively develop strategies to facilitate regulatory exchange.

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