Smart Grid Issues in State Law and Regulation

The issue in this white paper is to determine what legal and regulatory relics of an earlier era are still present and may serve as barriers to, or enablers of, the full, economically justifiable deployment and exploitation of smart grid technology. Through an analysis of 11 states, this paper is focused on identifying those historical barriers and enablers, with an emphasis on state regulation. The rationales for those barriers and enablers are then analyzed in both a historical and policy context. The states examined for the purposes of this paper are California, Colorado, Connecticut, Florida, Illinois, Pennsylvania, Massachusetts, New Mexico, New York, Ohio and Texas. This paper then culls the lessons learned from the restructuring experience. Finally, recommendations are made for policymakers, regulators and other stakeholders in both restructured and non-restructured environments.