Ferc Merger Analysis Post-Order No. 888: Where Do We Go from Here?

40 Pages Posted: 7 Oct 2004

See all articles by Lawrence J. Spiwak

Lawrence J. Spiwak

Phoenix Center for Advanced Legal & Economic Public Policy Studies

Date Written: August 1998

Abstract

The U.S. electricity industry - once the most stoic of industries - is currently is a state of great turmoil and flux. The root of this turmoil stems directly from Federal Energy Regulatory Commission's ("FERC") ostensible efforts to bring "competition" and "de-regulation" to the electric utility industry through Order No. 888 and its progeny. In response to this recent onslaught of Section 203 merger applications, FERC's has issued a Notice of Proposed Rulemaking (NOPR) to codify its ad hoc merger analysis. As explained herein, because FERC's proposed codification of its various ad hoc merger analyses into a single "cohesive" paradigm unfortunately perpetuates the same flawed analytical assumptions underlying FERC's overall restructuring efforts, FERC's NOPR simply exacerbates the reality that FERC's restructuring policies tragically will harm - rather than appropriately benefit - overall consumer welfare.

Keywords: Electric Utilities, FERC, mergers

JEL Classification: L5, L51, L52, L94

Suggested Citation

Spiwak, Lawrence J., Ferc Merger Analysis Post-Order No. 888: Where Do We Go from Here? (August 1998). Phoenix Center Policy Paper No. 3. Available at SSRN: https://ssrn.com/abstract=600771 or http://dx.doi.org/10.2139/ssrn.600771

Lawrence J. Spiwak (Contact Author)

Phoenix Center for Advanced Legal & Economic Public Policy Studies ( email )

5335 Wisconsin Avenue, NW
Suite 440
Washington, DC 20015
United States
202-274-0235 (Phone)
202-318-4909 (Fax)

HOME PAGE: http://www.phoenix-center.org

Register to save articles to
your library

Register

Paper statistics

Downloads
98
Abstract Views
1,573
rank
270,457
PlumX Metrics