Regulatory law: Principles, processes, and procedures
This chapter puts together some orders of selected ERCs (electricity regulatory commissions) on certain issues, as well as those of the superior courts in appeal against ERC orders. The objective is to attempt a preliminary assessment of whether there is a consistent, cohesive body that can be called ‘regulatory law’. The finding is that while the superior courts have built a respectable body of such opinions, the SERCs (state electricity regulatory commissions) that have dealt with similar problems many times, have done so differently from one another. The Electricity Act, 2003, will make this impossible in the future, since much of the authority is taken away from the SERCs and is now legislated for issues like captive generation, third-party sales, open access, and trading, with many regulatory powers in formulating principles handed over to the CERC (Central Electricity Regulatory Commission). This chapter also looks at emerging issues like trading and the role of the ERCs and the experiences in other countries on some related issues.