If these regulatory commitments are not honored, those who will be hurt most are utility investors who are typically 65 or older and retired. All competitors should stand on equal footing. Disparate regulatory status, statutory preferences or regulatory gaps should not result in unfair competitive advantage for any market participant. All transmitting utilities , whether privately or publicly owned, should be subject to the same obligations regarding transmission access. If a public power entity wishes to compete outside its traditional service territory, it should be subject to the same financial and regulatory requirements as investor-owned utilities.
Federal law defines federal versus state authority over transmission facilities.
Regulatory gaps that currently provide some suppliers with the opportunity to reach another utility s retail customers, without requiring those same suppliers to provide access to their own retail customers, should be addressed. If a utility in one state wants to sell power into the service territory of a utility in another state, each of those utilities should have access to each others systems under the same rules and obligations. The Alliance has also made specific legislative suggestions addressing the issue of retail access by a date certain and a mechanism for stranded cost recovery. The Alliance will continue its public education and outreach efforts through testimony, legislative counsel, and policy analysis.