Banking on Energy: A Reflection on Patterns of Deregulation

Authors

  • Roger D. Feldman Partn er Chair , Proj ect/Stru ctured Finance Bingham Dalla LLP (Washillgtoll, DC, office)

DOI:

https://doi.org/10.13052/dgaej2156-3306.1433

Abstract

They had [ragniented service area s, reflecting regulatory polic y; frag-
menied service lilies, again a product of regulation; and stability, based on
that territorial division.
While regulation stood still, it turned out funds could be raised,
transferred and paid for by non-bank competitors. Electronic commerce
turbo charged the process. ("Independent liquidity produc ers ," as it
were , arrived on the scene .)
Goliath Trust stirred, however, breathed the fire of der egulation,
and broke the chains of regulation, both sectorial and regional. The re-
sult is the elephant mating dance we now see; the prospect is for a few
tyrannosaurs roaming the financial jungle.
Energy superficially took a different route from banking . Deregu -
lation began as a Dav id & Goliath upstart revolution; it proceeded in
Congress as a mega con sumers revolt. Consolidation thus appeared to
be the last gasp of the old order.
But what does California teach us? The stranded cost recovery
gambit ha s proved a powerful delaying barrier to change. The retail
customer market has pro ved dauntingly unfluid, pax Enron. Mean-
while, the asset purchasers have turned out to be mostly the biggest
utility "boys-next -door ." The di vested behemoths have b ecome th e
acquirers across the continent. Convergence has been fully rationalized

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Author Biography

Roger D. Feldman, Partn er Chair , Proj ect/Stru ctured Finance Bingham Dalla LLP (Washillgtoll, DC, office)

Roger D. Feldman, Chair of the 35-member Energy Finance Group
of the 325-attorney national firm of Bingham Dana LLP, has been in-
volved in all types of project finance and development for over 30 years.
He has also been deputy administrator of the Federal Energy Adminis-
tration, chair of the American Bar Association's Energ y Law Committee
and a regular columnist in The Cogeneration and Power Marketing Letter
and The Construction Business Review. He is a member of the editorial
board of Cogeneration and Competitive Power [ournal . Mr. Feldman is a
graduate of Brown University, Yale Law School and Har vard Business
School.
Bingham Dana , 1200 19th Street, N.w. , Suite 400, Washington, DC
20036-2400; 202-778-31 81 ;! eldman @b ingham.com

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Published

1999-06-15

How to Cite

Feldman, R. D. . (1999). Banking on Energy: A Reflection on Patterns of Deregulation. Distributed Generation &Amp; Alternative Energy Journal, 14(3), 21–23. https://doi.org/10.13052/dgaej2156-3306.1433

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Articles