• repeal the Federal Power Act of 1935 and abolish the Federal Energy Regulatory Commission (FERC); • repeal the 1935 Public Utility Holding Company Act (PUHCA) and the 1978 Public Utility Regulatory Policy Act (PURPA); • privatize federal power marketing authorities, the Tennessee Valley Authority, and all federal power generation facilities; • eliminate all tax preferences applicable to municipal power companies and electricity cooperatives; • eliminate all federal price subsidies, tax incentives, and regulatory preferences for renewable energy; • declare that any state or municipal regulation of the generation, transmission, distribution, or retail sale of electricity interferes with interstate trade and is a violation of the U.S. Constitution's Commerce Clause; and • require open, nondiscriminatory access to all federal public rights-of-way for electricity transmission and distribution services, except when such services present a public safety hazard.
The electricity regulatory system in the United States produced large discrepancies in costs between states in the 1970s and 1980s. By the early 1990s many states with a large nuclear or independent power component had high retail prices, and those that stuck with traditional coal-based facilities (and hydropower) had low-cost electricity.
Even though the regulatory system did not protect consumers from high-cost electricity, no one has proposed eliminating regulation. The response to the cost discrepancy has been initiation of a policy of mandatory open access to “restructure” regulation instead of eliminating it.