Should consumers pay the `stranded costs of utility companies?
Indeed, the reasoning in the major Supreme Court decisions on regulatory takings applies with greater force to deregulatory takings in regulated industries than it does to the typical case of land-use or environmental restrictions imposed on real property. In particular, regulatory-takings cases stress the “investment-backed expectation” interest of the private property owner. That consideration is analogous to the reasonable expectation interest of the public utility when it placed in service a long-lived nonsalvageable asset (such as an electrical-generation plant) or made similar kinds of nonsalvageable investments giving rise to stranded costs.
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