The Duty of Regulators to Have Ex Parte Communications

Abstract:

By confining regulators to judicial constraints when they are acting in a legislative capacity, the Herculean task of directing the path of electricity restructuring is being undertaken under rules that require decision-makers to be utterly passive and only minimally inquisitive. Regulators should be free, when acting in their quasi-legislative capacities, to act like legislators and not like judges.

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