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Abstract

In this Article, I seek to review the state of affairs under the Ohio deregulation plan by identifying first the present circumstances in the Ohio electricity utility marketplace and second options that other states, which have not yet deregulated, should consider in developing their plans. In Part I, I examine the current state of electricity utilities in Ohio and the pressures on the legislature that led to calls for deregulation. In Part II, I briefly consider the existing regulatory framework on the state and federal levels. In Part III, I analyze the Ohio deregulation plan with a focus on whether or not, to date, the results are worth the cost. In Part IV, I scrutinize the deregulation plan from the perspective of the consumer - is the plan living up to its billing? - and from the perspective of the utility companies - is the plan functioning as intended and are utilities better or worse off than before deregulation? In Part V, I assess how Ohio's deregulation plan could be improved and used as a model for other states that are considering whether it is in the best interests of consumers and providers to attempt to impose a competitive electricity market or to simply maintain the existing monopoly structure. I conclude that despite the quagmire of utility deregulation legislation, those plans must include mechanisms that allow incumbent utilities to recover a reasonable amount of their stranded costs.

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