New strategies for a new market: the electric industry's response to the Environmental Protection Agency's sulfur dioxide emission allowance trading program
Article Abstract:
Electric utility companies are required to develop sulfur dioxide emission compliance plans and obtain emission trading allowances under the free-market approach of the 1990 Clean Air Act Amendments. Allowances can be traded or bought at auction. However, if the emissions trading program is to be successful, legislators and environmentalists must not interfere in compliance plans or trading agreements. Ratemaking issues surrounding the allowances also have to be resolved. The market has been hindered by a slow phase-in period and by the structure of the allowances auction itself.
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1995
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Crossed wires: federal preemption of states' authority over retail wheeling of electricity
Article Abstract:
Electric power retail wheeling is under federal jurisdiction through the 1935 Federal Power Act, but since this may not be the best framework for the 1990s electricity market, clear regulatory authority should be given to the states. States have been moving ahead on retail wheeling, which requires utilities to transmit third-party-generated electric power, thus setting the stage for unnecessary court battles over jurisdictional issues. Congress should either assert explicit federal preemption of jurisdiction or empower states to go ahead with their regulatory efforts.
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1996
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Holding decision makers liable: assessing liability under a managed health care system
Article Abstract:
Managed care organizations (MCOs) have emerged as the principal means of providing health care while containing skyrocketing costs. MCO decision makers often resort to utilization review that denies claimants access to health care. Claimants' attempts to litigate these denials under tort theories of direct or vicarious liability have been thwarted by federal preemption under an Employment Retirement Income Security Act loophole. Congress should close this loophole.
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1999
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