bilateral contract, and in particular, may try to recover “prof-its” from incumbent utilities holding a PPA for a successful contract but provide no compensation for “losses.” To the extent that this perception is correct, the possible asymmetry in the treatment of profits and losses increases the regulatory risk faced by investors.

In summary, getting sufficient financing for the capital-intensive investments in a new generation or transmission facilities needed to maintain the reliability of supply in the NYCA requires state regulators to address the following issues:

  • Long-term PPAs and other contracts need a projected revenue-stream that will cover the production costs and support the recovery of the initial capital cost with a reasonable rate of return.

  • A regulatory commitment is needed to establish and abide by explicit rules governing long-term PPAs and other contracts.

  • Credit-worthy counterparties are needed for investors initiating long-term PPAs and other contracts to build new facilities, or as an alternative, some regulatory backup to deal with defaults on contracts.

  • Increased regulatory consistency is needed for expediting the siting and licensing of new facilities at the state and local level. (Note that the Article X law, which facilitated this process, expired in 2002. A variation of the Article X law was introduced in the New York State Legislature in 2005 but was never enacted.)

  • More emphasis is needed on the importance of upgrading transmission facilities (current regulatory practices and the models used for analysis treat generation adequacy as the main issue for maintaining reliability and do not address transmission adequacy effectively).

  • Appropriate roles should be established for the New York Power Authority and the Long Island Power Authority to determine the best way for these authorities to help maintain reliability standards. (These two public authorities control substantial amounts of generation and transmission capacity in New York City and Long Island. In the past, these authorities have been used to intervene in the market by, for example, installing 500 MW of peaking capacity in New York City. These types of decisions are not part of the standard planning process in the NYCA, and as a result, they create an additional source of regulatory risk for investors.)


Adams, K. (Maine Public Utilities Commission, Augusta). 2005. Personal communication.

Anderson. 2004. “Analyzing Strategic Interaction in Multi-settlement Electricity Markets: A Closed-loop Supply Function Equilibrium Model.” Ph.D. Thesis, Harvard University, Cambridge, Mass.

Flynn, William. 2005. Remarks to the Regulatory Research Associates. Available at Web/E91F23D5E60C38BB85256FF50046489B/$File/RRA _Presentation_April_26_2005.pdf?OpenElement. Accessed May 2006.

Geddes, R.R. 1992. “A Historical Perspective on Electric Utility Regula-tion.” The Cato Review of Business and Government. Available at

Higley, C. 2000. “Disastrous Deregulation.” Public Citizen. Washington, D.C.

Horton, W.J. 2002. “Generation Market Slams on Brakes.” Engineering News-Record, September 16. See

Joskow, Paul, and Jean Tirole. 2003. Reliability and Competitive Electricity Market. Working Paper 129, University of California Energy Institute. April.

Lawton, Leora, Michael Sullivan, Kent Van Liere, Joseph Eto, and Aaron Katz. 2003. A Framework and Review of Customer Outage Costs: Integration and Analysis of Electric Utility Outage Cost Surveys. November.

LBNL (Lawrence Berkeley National Laboratory). 2004. Understanding the Cost of Power Interruptions to U.S. Electricity Customers. Prepared by Kristina Hamachi LaCommare and Joseph H. Eto. Berkeley, Calif. Sep-tember.

Logan, D.M. 2002. “Generation and Transmission Industry Trends.” Presentation at the IEEE Summer Power Meeting, Chicago, July 24, 2002.

Lyon, T.P., and J.W. Mayo. 2000. “Regulatory Opportunism and Investment Behavior: Evidence from the U.S. Electric Utility Industry.” Kelley School of Business, Indiana University, and McDonough School of Business, Georgetown University.

Nelson, C.R., and S.C. Peck. 1985. “The NERC Fan: A Retrospective Analysis of the NERC Summary Forecasts.” Journal of Business and Economic Statistics, Vol. 3, No. 3 (July), pp. 179-187.

NEMMCO (National Electricity Market Management Company). 2005. 2005 Annual Report. Melbourne, Australia: NEMMCO. See http://

NERC (North American Electric Reliability Council). 2005. Long-Term Reliability Assessment. Princeton, N.J.

NYISO (New York Independent System Operator). 2004a. 2004 Load and Capacity Data. Revision 5.1.1, August 24, 2004. Schenectady, N.Y.

NYISO. 2004b. Power Trends 2004. Schenectady, N.Y. April.

NYISO. 2005a. Comprehensive Reliability Planning Process. Draft Reliability Needs Assessment. Schenectady, N.Y. September 1.

NYISO. 2005b. Locational Installed Capacity Requirements Study, Covering the NYCA for the 2005-2006 Capability Year. Schenectady, N.Y.

NYISO. 2005c. “Attachment H of the FERC Electric Tariff Market Power Mitigation Measures.” Schenectady, N.Y. February.

NYISO. 2005d. Power Trends 2005. Schenectady, N.Y. April.

NYSRC (New York State Reliability Council). 2005. NYCA Installed Capacity Requirements for the Period May 2005 Through April 2006. Albany, N.Y.

Oren, Shmuel S. 2003. Ensuring Generation in Competitive Electricity Markets. Working Paper 007, University of California Energy Institute. June.

Potts, J. 2002. “Power Loss” (a review of The Origins of Deregulation and Restructuring in the American Electric Utility System, by Richard F. Hirsh). Harvard Law Review 26(1):269-280.

Rebellon, P. 2002. “Deregulated Electricity Markets—An Introduction.” Presentation to the IEEE Hamilton Section, Hamilton, Ontario, June 28, 2002.

Reeder, Mark. 2002. Government Intervention into Wholesale Electric Markets to Assure Generation Adequacy. Albany, N.Y.: New York State Department of Public Service. November.

Schuler, R.E. 2001. “Electricity and Ancillary Services Markets in New York State: Market Power in Theory and Practice.” Proceedings of the 34th Hawaii International Conference on System Sciences 2:2028.

Zadlo, K., B. Teeters, and R. Kumar. 1996. “An Overview of the History of Electric Generation Expansion in the United States.” Plenary Session, 28th Annual North American Power Symposium, Massachusetts Insti-tute of Technology, Cambridge, Mass., November 10-12, 1996.

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