know because the theories rigs are supposed to be market rigs they don't want those rates with the i c c for approval instead their rates are governed by private contracts like any other free market transaction eight that insert things like denial of service to vulnerable populations or standard measures for electricity or the safety of wit or industrial accidents so the legislature knew how to specify what parts of the  and distribution reliability or warrants and provides for remedy for damages caused to consumers by power outages and serves a search in the legislature provided the relief under section one twenty five exclusively through the i c c so there is an instance in which the legislature apply a portion of the provided for a remedy caused by injury by an area and the legislature w determines by means of regulation but a public utility is just and reasonable radius but the legislature one of the free market to make that determination with respect to areas not the i c c and bust the rate of the north american power structure you know perhaps with the aid of an expert or that's something the words injuries do all the time in fact in the context of securities regulation or antitrust claims or even one of the no complex disputes is supported by the legislative findings found in article sixteen section one i want to say where the legislature found the competition main fact the crease costing consumers but in order to do so longstanding regulatory relationships must be allowed to determine what rates are worse that private contracts that individuals enter into so the legislature clearly understood that areas need to be treated differently than i would chili's in order for competitions ta will be small a little to provide for the commission has jurisdiction over claims that in areas fail to act in compliance with the contract but only for peace sooners who have a max demanded maximum demand of one married jurisdiction exist whether an agency specialized or technical expertise is necessary to resolve an issue and that's not the keys here because the commission explicitly does not set a regulatory control over the content of its contract so the commission is in no expert in no expert stance or position to consider the evidence that would be such a broad fight at first in that in this circu of jurisdiction then they wouldn't use language like they did section nine dish to fifty two they would have explicitly defined errors as not being a public utility or they could have done what we did in section article sixteen section one twenty five which is to say that the i c c has exclusive jurisdiction over plans relating to damages for our service it it would be surprising if the legislature intended for that kind of which is the rate that people can buy every way north american power can buy every day of it which is an excellent example of what the actual rate would be in that with the actual market rate would be in that circumstance  to market their spot market where they buy it in vans and money there's no regulator involved in any piece of the contract with people who either make electricity and services or are themselves brokers and that's the end of the story did generous and we thought that these matters would be within the commission's expertise then i draw your attention to it in section one sixty one fifteen they be a little a little