Peter Fox-Penner

“First, they could create a system of “open access” in which any power generator could use anyone else’s transmission system on a first-come, first-served basis to deliver power from a generator to a state-regulated distribution system. Second, the FERC started allowing some generators to make wholesale sales—sales only to other utilities, not actual end users—at deregulated rates. Once federal regulators enacted these key preconditions, advocates of deregulation could approach individual states. State legislatures could then vote to allow competition among deregulated retailers of power, or “retail choice,” as it became known. About half the states did just this, almost all in regions where retail rates were well above the national average.”
― Peter Fox-Penner, Smart Power Anniversary Edition: Climate Change, the Smart Grid, and the Future of Electric Utilities

“The reasons why industrial-scale CHP has not been used more widely in the United States are all related to regulatory and institutional hurdles. It can be difficult to make the necessary coordination arrangements with a large building that will accept and use a generator’s waste heat. It also requires navigating many siting, land use, and other rules to put generators into or near heat users. Arrangements with utilities are also a frequent issue. Because cogenerators displace utility sales, utilities don’t have an economic incentive to help them get established—yet utilities have to connect up and monitor the cogenerator and provide backup service when the cogenerator trips off (some cogenerators are “off the grid,” in which case there is no backup, but most are not).”
― Peter Fox-Penner, Smart Power Anniversary Edition: Climate Change, the Smart Grid, and the Future of Electric Utilities