Should the Federal Government Rely on Competitive Markets to Price Electricity? episode artwork

EPISODE · Jul 15, 2025 · 1H

Should the Federal Government Rely on Competitive Markets to Price Electricity?

from FedSoc Forums · host The Federalist Society

Over the past decade, electricity prices for consumers have risen by more than 22% on average. At the same time, the North American Electric Reliability Corporation (NERC)—the international body responsible for setting reliability and security standards for the North American power grid—has issued increasingly urgent warnings about the growing risks to the U.S. electric power system's reliability.The Federal Energy Regulatory Commission (FERC), an independent agency established by Congress, plays a central role in this space. Under the Federal Power Act, FERC oversees the interstate transmission and wholesale sale of electricity and is responsible for reviewing, approving, and enforcing NERC’s reliability standards.Nearly 30 years ago, FERC fundamentally changed how it regulates the electric power industry. Did those changes contribute to the growing risks to the future reliability of the U.S. electric power system we now face? Or have they helped prevent even greater problems? Most importantly, what should federal electric regulation look like going forward?Join us for a dynamic and in-depth conversation with two seasoned experts as they explore these critical questions about the future of electricity regulation in the United States.Featuring:John Kennerly Davis, Jr., Senior Attorney, Former Deputy Attorney General of VirginiaAri Peskoe, Director, Electricity Law Initiative, Harvard Law School(Moderator) Robert T. Carney, Senior Counsel, Caplin & Drysdale; Adjunct Professor of Law, Georgetown Law

Over the past decade, electricity prices for consumers have risen by more than 22% on average. At the same time, the North American Electric Reliability Corporation (NERC)—the international body responsible for setting reliability and security standards for the North American power grid—has issued increasingly urgent warnings about the growing risks to the U.S. electric power system's reliability.The Federal Energy Regulatory Commission (FERC), an independent agency established by Congress, plays a central role in this space. Under the Federal Power Act, FERC oversees the interstate transmission and wholesale sale of electricity and is responsible for reviewing, approving, and enforcing NERC’s reliability standards.Nearly 30 years ago, FERC fundamentally changed how it regulates the electric power industry. Did those changes contribute to the growing risks to the future reliability of the U.S. electric power system we now face? Or have they helped prevent even greater problems? Most importantly, what should federal electric regulation look like going forward?Join us for a dynamic and in-depth conversation with two seasoned experts as they explore these critical questions about the future of electricity regulation in the United States.Featuring:John Kennerly Davis, Jr., Senior Attorney, Former Deputy Attorney General of VirginiaAri Peskoe, Director, Electricity Law Initiative, Harvard Law School(Moderator) Robert T. Carney, Senior Counsel, Caplin & Drysdale; Adjunct Professor of Law, Georgetown Law

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Should the Federal Government Rely on Competitive Markets to Price Electricity?

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This episode was published on July 15, 2025.

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Over the past decade, electricity prices for consumers have risen by more than 22% on average. At the same time, the North American Electric Reliability Corporation (NERC)—the international body responsible for setting reliability and security...

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