“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.”