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ARTICLE · 29 APRIL 2016

Corporate Governance For Municipally-Owned Local Electricity Distribution Utilities

Local distribution electricity utilities ("LDCs") have been a source of stable and predictable income for their municipal owners.

CanadaEnergy and Natural Resources

Local distribution electricity utilities ("LDCs") have been a source of stable and predictable income for their municipal owners. That is in large measure a result of the fact that LDCs are providing a monopoly service overseen by a regulator charged with the obligation, among other things, to ensure the stability of the LDCs.

One result of these circumstances is that municipalities have in many cases played a limited role in the governance of their LDCs. In addition, the directors of LDCs, including in some cases members of municipal councils, have likewise played a limited role in governance. They have elected, instead, to rely largely, if not entirely on the expertise of management. This is in part because of the complexity of the electricity distribution business, in part because the fact of regulatory oversight, and in part because the range of business decisions was limited by the absence of competitive pressures.

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