Part I: <strong>The</strong> U.S. <strong>Electric</strong> <strong>Power</strong> <strong>Industry</strong> as a Regulated Monopoly
2. Historical Overview <strong>of</strong> <strong>the</strong> <strong>Electric</strong> <strong>Power</strong> <strong>Industry</strong> At <strong>the</strong> beginning <strong>of</strong> <strong>the</strong> 20 th century, vertically integrated 1 electric utilities produced approximately tw<strong>of</strong>ifths <strong>of</strong> <strong>the</strong> Nation's electricity. At that time, many businesses (nonutilities) generated <strong>the</strong>ir own electricity. When utilities began to install larger and more efficient generators and more transmission lines, <strong>the</strong> associated increase in convenience and economical service prompted many industrial consumers to shift to <strong>the</strong> utilities for <strong>the</strong>ir electricity needs. With <strong>the</strong> introduction <strong>of</strong> <strong>the</strong> electric motor came <strong>the</strong> inevitable development and use <strong>of</strong> more home appliances. Consumption <strong>of</strong> electricity skyrocketed along with <strong>the</strong> utility share <strong>of</strong> <strong>the</strong> Nation's generation. Utilities operated in designated exclusive franchise areas which, in <strong>the</strong> early years, were usually municipalities. Along with <strong>the</strong> service area designation came <strong>the</strong> obligation to serve all consumers within that territory. “<strong>The</strong> growth <strong>of</strong> utility service territories . . . brought State regulation <strong>of</strong> privately owned electric utilities in <strong>the</strong> early 1900s. Georgia, New York, and Wisconsin established State public service commissions in 1907, followed shortly by more than 20 o<strong>the</strong>r States. Basic State powers included <strong>the</strong> authority to franchise <strong>the</strong> utilities; to regulate <strong>the</strong>ir rates, financing, and service; and to establish utility accounting systems.” 2 <strong>The</strong> early structure <strong>of</strong> <strong>the</strong> electric utility industry was predicated on <strong>the</strong> concept that a central source <strong>of</strong> power supplied by efficient, low-cost utility generation, transmission, and distribution was a natural monopoly. Because monopolies in <strong>the</strong> United States were outlawed by <strong>the</strong> Sherman <strong>An</strong>titrust Act, 3 regulation <strong>of</strong> <strong>the</strong> utilities was a necessity. In addition to its intrinsic design to protect consumers, regulation generally provided reliability and a fair rate <strong>of</strong> return to <strong>the</strong> utility. <strong>The</strong> result was traditional rate-based regulation. 4 <strong>Electric</strong> utility holding companies 5 were forming and expanding during <strong>the</strong> early 1900s, and by <strong>the</strong> 1920s <strong>the</strong>y controlled much <strong>of</strong> <strong>the</strong> industry. By 1921, privately owned utilities were providing 94 percent <strong>of</strong> total generation, and publicly owned utilities contributed only 6 percent. 6 At <strong>the</strong>ir peak in <strong>the</strong> late 1920s, <strong>the</strong> 16 largest electric power holding companies controlled more than 75 percent <strong>of</strong> all U.S. generation. 7 Originally formed to reap <strong>the</strong> benefits (mostly <strong>of</strong> a financial nature) <strong>of</strong> centralized ownership <strong>of</strong> a multitude <strong>of</strong> subsidiaries, <strong>the</strong>se unregulated holding companies were in a position to abuse <strong>the</strong>ir power over <strong>the</strong>ir subsidiaries. Sometimes, <strong>the</strong> result was increased prices paid by consumers <strong>of</strong> electricity. Because <strong>the</strong> States could not regulate an interstate holding company, it became apparent that <strong>the</strong> Federal Government would have to step in. After several large holding company systems collapsed, an investigation by <strong>the</strong> Federal Trade Commission was ordered, leading eventually to <strong>the</strong> passage <strong>of</strong> <strong>the</strong> Public Utility Holding Company Act <strong>of</strong> 1935 (PUHCA). Under <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> Act, holding companies became regulated by <strong>the</strong> Securities and Exchange Commission. Under Title II <strong>of</strong> PUHCA utilities involved in interstate wholesale marketing or transmission <strong>of</strong> electric power became regulated by <strong>the</strong> Federal <strong>Power</strong> Commission (FPC). 8 1 A vertically integrated utility is one which engages in generation, transmission, and distribution operations. 2 Energy Information Administration, <strong>An</strong>nual Outlook for U.S. <strong>Electric</strong> <strong>Power</strong> 1985, DOE/<strong>EIA</strong>-0474(85) (Washington, DC, August 1985), p. 3. 3 <strong>The</strong> Clayton <strong>An</strong>titrust Act <strong>of</strong> 1914 streng<strong>the</strong>ned <strong>the</strong> Sherman <strong>An</strong>titrust Act <strong>of</strong> 1890. 4 This form <strong>of</strong> rate setting has been blamed by some groups for removing <strong>the</strong> incentive for utilities to achieve maximum efficiency in operations and planning, <strong>the</strong>reby exhibiting <strong>the</strong> major flaw in this type <strong>of</strong> regulation and promoting <strong>the</strong> push for its demise. 5 A holding company is a company that confines its activities to owning stock in and supervising management <strong>of</strong> o<strong>the</strong>r companies. <strong>The</strong> Securities and Exchange Commission, as administrator <strong>of</strong> <strong>the</strong> Public Utility Holding Company Act <strong>of</strong> 1935, defines a holding company as “a company which directly or indirectly owns, controls or holds 10 percent or more <strong>of</strong> <strong>the</strong> outstanding voting securities <strong>of</strong> a public utility company” (15 USC 79b, par. A (7)). 6 Energy Information Administration, <strong>An</strong>nual Outlook for U.S. <strong>Electric</strong> <strong>Power</strong> 1985, DOE/<strong>EIA</strong>-0474(85) (Washington, DC, August 1985), p. 3. 7 Encyclopedia Americana, International Edition, Vol. 22 (New York, NY: Americana Corporation, 1977), p. 769. 8 In October 1977, many <strong>of</strong> <strong>the</strong> regulatory powers <strong>of</strong> <strong>the</strong> FPC were transferred to <strong>the</strong> Federal Energy Regulatory Commission (FERC). Energy Information Administration/ <strong>The</strong> <strong>Changing</strong> <strong>Structure</strong> <strong>of</strong> <strong>the</strong> <strong>Electric</strong> <strong>Power</strong> <strong>Industry</strong> <strong>2000</strong>: <strong>An</strong> Update 5
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Table 8. Proposed Legislation Influ
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Table 8. Proposed Legislation Influ
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62 Table 9. Overview of the Federal
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on the same basis and under the sam
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and a half. 86 The overwhelming maj
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transmission system, and achieve fu
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70 Table 12. Summary of Major Provi
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72 Table 12. Summary of Major Provi
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company (Transco) model. With the I
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Table 13. Selected Information on I
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78 � Recently, � In FERC accept
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approved more than 850 applications
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up, and, at the same time, deregula
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is publicly available. The PX then
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companies were required to report t
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price that each utility pays for su
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Kentucky In December 1999, Kentucky
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92 Energy Information Administratio
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94 Energy Information Administratio
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96 Energy Information Administratio
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Figure 29. Concentration of Ownersh
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100 Energy Information Administrati
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Table 17. Overview of Strategic Ben
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Table 18. Government Agencies Respo
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competition. Some States have passe
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expected as some of the pending mer
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Appendix A History of the U.S. Elec
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areas and towns with populations un
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New technology introduced during th
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From 1980 through 1984, net electri
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Appendix C Pending Federal Restruct
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� Establishes a fund within the D
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mation and that prohibit discrimina
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dioxide, mercury, and sulfate fine
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H.R. 2944 Electricity Competition a
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� Prescribes specifics regarding
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if conflict arises. Authorizes TVA
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� Directs the Department of Energ
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Appendix D Electric Power Industry
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on a number of subject areas, inclu
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Table D1. Electric Power Industry S