Pilot Energy 05/26/2026 Policy
6 min read

On a napkin

Vertically integrated (most of US) Generation Transmission + distribution Retail sales One utility owns & sells everything SE · NW · most of SW · most of West (non-CA) Deregulated / restructured Competitive generation (ISO market) Regulated T&D (utility / TDU) Competitive retailers (REP / ESCO) Customer chooses supplier TX · PA · NY · NJ · MA · IL · OH · MD · CT · ME · RI · NH · DE · DC Restructured ~30 states have some commercial choice; ERCOT is most fully competitive market

The short version

Retail electricity deregulation (also called restructuring) separates electricity generation from delivery. In deregulated states, the wires utility remains a regulated monopoly that operates poles, transformers, and meters — but customers choose a competitive supplier for the electricity commodity itself. The utility still bills you (in most markets) and still responds to outages, but you have a separate contract with a retail electricity supplier that sets the energy price.

Choice is binary at the state level — and where you operate determines everything. A commercial facility in Pittsburgh can shop dozens of suppliers and lock in rates two years out. The same facility in Charlotte can only buy from Duke Energy at the rate the NCUC approves. For multi-site operators, this drives fundamentally different procurement strategies in different states.

Which states are deregulated

The deregulated US map is mostly the Northeast, Mid-Atlantic, Texas, and Illinois — roughly 30 states have some form of retail competition, though only about 14 have meaningful commercial competition. Major fully deregulated states for commercial customers include Texas (ERCOT competitive areas — most of the state), Pennsylvania, New York, New Jersey, Massachusetts, Illinois, Ohio, Maryland, Connecticut, Maine, Rhode Island, New Hampshire, Delaware, and Washington DC.

California has limited "Direct Access" for non-residential customers — a capped competitive supply option that operates outside the standard utility default service. The Southeast (Duke, Southern Company, Dominion territories), Pacific Northwest, and most of the Southwest remain vertically integrated with no commercial choice. Some states have municipal electric utilities or rural cooperatives that operate independently of state restructuring decisions.

How retail competition works

In deregulated markets, three distinct entities serve a commercial customer. The wires utility (called the Local Distribution Company or Transmission & Distribution Utility) owns the physical infrastructure delivering electricity to your meter — a regulated monopoly with rates approved by the state public utility commission. The ISO/RTO (PJM, NYISO, ISO-NE, ERCOT) operates the wholesale market where electricity is generated and traded. The retail electricity supplier (REP in Texas, ESCO in New York, or "competitive supplier" generically) purchases wholesale electricity on your behalf and sells it to you under a competitive contract.

You typically receive one bill that breaks out the energy charge (from your supplier) and the delivery charge (from the utility) as separate line items. In most deregulated states, switching suppliers is straightforward — typically a one-page enrollment form sent to your current supplier or to your utility, with the change taking effect at the next meter read.

What deregulation delivers — and what it doesn't

The empirical record on deregulation is mixed. Sophisticated commercial customers who actively manage procurement — running RFPs, negotiating contract terms, layering hedges, and timing market entry — generally do well in deregulated markets. They benefit from competitive pricing, customized contract structures, green tariff options, and innovative pricing models. Unsophisticated buyers who pay default or "market" rates often pay more than they would under traditional regulated service.

ERCOT (Texas) operates the most competitive retail market and has delivered low commercial rates with significant supplier innovation — though Winter Storm Uri in 2021 exposed reliability risks of an energy-only market structure. Northeast deregulated markets have seen high retail prices driven primarily by underlying wholesale energy costs rather than retail competition itself; competition exists but operates within a high-cost wholesale environment. The lesson for commercial procurement: deregulation creates opportunity but doesn't automatically deliver value — it rewards active management and punishes passivity.

Common questions

What is retail electricity deregulation?
Retail electricity deregulation (also called restructuring) is the policy of separating electricity generation/supply from distribution, allowing customers to choose their electricity supplier while the local utility continues to deliver power and maintain the wires. In deregulated states, commercial customers can shop competitive suppliers for energy pricing while the regulated utility handles distribution, billing, and outage response.
Which US states have retail electricity choice?
Major fully-deregulated states for commercial customers include Texas (ERCOT areas), Pennsylvania, New York, New Jersey, Massachusetts, Illinois, Ohio, Maryland, Connecticut, Maine, Rhode Island, New Hampshire, Delaware, and Washington DC. California has limited Direct Access for non-residential customers. The Southeast, Pacific Northwest, and most of the Southwest mostly remain vertically integrated with no commercial choice.
What is the difference between a utility and a retail electricity supplier?
In deregulated markets, the utility (distribution company) owns and operates the wires, transformers, and meters that deliver electricity — and handles outage response. The retail electricity supplier (REP in Texas, ESCO in New York) sells you the electricity commodity, generating or purchasing the power on your behalf. You receive one bill in most markets, but the energy charge and the delivery charge are separate components.
Does deregulation reduce electricity costs?
Results are mixed. Deregulation generally produces lower commercial electricity costs for sophisticated buyers who actively manage procurement, and somewhat higher costs for unsophisticated buyers who pay default or month-to-month variable rates. ERCOT (Texas) operates the most competitive retail market and has delivered low commercial rates with significant innovation. Northeast deregulated markets have seen mixed results, with rates varying considerably based on energy commodity prices and retailer competition.
How does ERCOT differ from other deregulated markets?
ERCOT in Texas operates the most fully restructured competitive retail electricity market in the US. Integrated utilities were completely dismantled — what existed as integrated utilities became Transmission and Distribution Utilities (TDUs, regulated monopolies for wires) and Retail Electricity Providers (REPs, competitive suppliers) that compete for customers. In Texas competitive areas, every customer must choose a REP — there is no incumbent default supplier.

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