University of San Diego

San Diego Journal of Climate & Energy Law


Jeff Winmill

Library of Congress Authority File


This Article explores the key business and regulatory issues associated with utility investments in DERs, as well as important considerations for regulators seeking to strike the appropriate balance between DER services provided by third parties and DER services provided by utilities. Part I provides a brief overview of the electric utility industry, and the growth and impact of DERs in recent years. Part II analyzes two emergent distributed technologies––solar photovoltaics (PV) and distributed storage––as well as utility efforts to invest in these technologies. And Part III concludes with a discussion of two different regulatory models for addressing utility-ownership of DERs: the New York Public Service Commission’s (New York Commission) Order Adopting the Reforming Energy Vision; and the Arizona Residential Utility Consumer Office’s (Consumer Office) Policy Statement on Utility Owned DG.