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Pennsylvania Governor Josh Shapiro and Berkshire Hathaway CEO Greg Abel agree: The “regulatory compact” is breaking down.

What are utilities anyway? And what are they supposed to do? Elected officials, regulators, utility executives, and scholars are asking fundamental questions about the so-called “regulatory compact” that has governed electric utilities for — depending on who you ask — decades or a century.
Two events in the past week crystallized the moment of transition electric utilities find themselves in.
In Pennsylvania, Governor Josh Shapiro, wrote a letter to the state’s utilities (including water and gas), telling them that “the 20th century utility model is broken,” citing “markedly higher utility costs” and “rising utility bills” which he claimed were in part the “result from your policy and fiscal decisions, including the excessive rate requests several utilities have sought in recent years.”
And over the weekend at the Berkshire Hathaway annual meeting, its new chief executive Greg Abel, who came up in the conglomerate through its energy division, was also speculating that utilities may be at a precipice. “What’s the challenge? It’s the regulatory compact,” Abel said at the company’s annual meeting.
The way he explained the utility business, “We leave your capital, our owner's capital, Berkshire’s capital, in these businesses, and often a portion of the earnings that they generate, we may reinvest back into those businesses. And for that, we get a very specific set of returns. And, over the long run, it’s been a very balanced and fair return,” Abel said, referring to the setup where utilities make investments approved by state regulators for which they receive a regulated return on their capital. “That model has worked very good for a number of years,” Abel said.
But, he cautioned, that model is becoming “more stressed.”
The dilemma, Abel said, was that utilities’ have high investment needs, including from replacing existing assets, while state regulators and governors want to keep rates as low as possible. “If we don’t see that balance, we don’t deploy our capital back into those businesses or into those utilities.”
The Berkshire Hathaway-owned utility PacifiCorp, which operates in the Western United States, has been challenged by high legal claims stemming from wildfires, especially in Oregon, and has been seeking to get legislation passed in a number of states to limit wildfire liability.
Earlier this year, it agreed to sell almost $2 billion worth of assets in Washington state, citing “diverging policies among the six states PacifiCorp serves [that] have created extraordinary pressure, affecting the company’s ability to meet demand reliably and at the lowest cost to customers.”
The utility was threatened with credit downgrades following large jury awards stemming from wildfire claims in Oregon. Washington is also a state with an aggressive decarbonization timeline and mechanisms that PacifiCorp has chafed against, claiming they would raise costs for its customers in other states.
Americans everywhere are angry about electricity costs but utilities think too much is being demanded of them to profitably run their businesses.
In the West, those high costs stem from wildfire-related damages that existentially threaten utilities. (PG&E in California even went bankrupt over wildfire liability.)
On the East Coast, electricity costs are rising in part due to data center construction and the structure of PJM, the 13-state electricity market that runs from Washington, D.C., to Chicago. Here, elected officials are angry at utilities for skyrocketing costs while those who manage the electricity market say that the real issue is regulatory barriers to bringing on the new generation they think they need (i.e. gas).
In both cases, the “regulatory compact” — utility investment in exchange for regulated rates that allow future investment — is seen as under threat.
Where Greg Abel sees the model endangered by uncapped liability and decarbonization mandates, Shapiro sees the threat in higher costs to consumers. Over the past five years, electricity prices in Pennsylvania have risen 47% while average bills have grown 49%, from $116 per month to $169, according to the Heatmap-MIT Electricity Price Hub.
“We can no longer simply prioritize corporate profitability to drive infrastructure development,” Shapiro wrote in his letter.
The commonwealth’s government has been doing more than just writing letters. The utility PECO Energy, a subsidiary of Exelon that serves the Philadelphia area, withdrew a recent rate case in April asking for over $500 million worth of electricity and gas rate hikes. The Governor’s office didn’t just claim credit for the pulled rate case, it announced it, with Shapiro saying in a statement, “PECO’s proposed rate case would have increased Pennsylvanians’ utility bills, but I demanded that their CEO put customers first and withdraw their rate hike request.”
Now Shapiro wants more fundamental reforms to how utilities operate in the state, including asking the utilities to fund themselves more by borrowing money, including from the federal government through Department of Energy programs.
“Consumers should not be expected to bolster corporate profits through over reliance on costly equity,” Shapiro said in his letter, and asked that utilities fund themselves with a “clear majority” of borrowed money.
Utilities have high investment needs. They finance these with a mix of debt (borrowed money) and equity (shares it sells to investors). They then gets a regulated return on the equity portion of its total approved capital investments, known as its “rate base.” That return on equity is recovered through ratepayers’ bills.
Berkshire Hathaway’s Abel argues that if the utility business becomes less appealing to investors, there will be less investment. But Shapiro thinks that there’s a lower cost way to finance utility investment, money borrowed from investors, i.e. debt. His approach rhymes with other utility reformer ideas around lowering the return on equity that utilities ask for in their rate cases, often around 10%.
“The average Pennsylvania utility requested a return on equity a staggering 682 basis points above the 10-year U.S. Treasury yield last year. Before raising such expensive equity, you should take advantage of more affordable sources of capital,” Shapiro wrote.
For the equity utilities do fund themselves with, Shapiro writes, those returns must be “transparent” and “justifiable,” and no longer be based on “educated guesses.” He instead proposed a market process to determine a fair return based on “competitive bidding by multiple participants to establish a fair market cost of that equity” or setting one by a combination of returns on government debt and a measure of the returns stocks get over debt on average.
Shapiro’s proposal could take down Pennsylvania utilities’ return on equity down to the “high 8%s” according to Jefferies analyst Julien Dumoulin-Smith. In the now-withdrawn PECO rate case, the requested ROE was almost 11%. (Other utility reform advocates have called for pulling ROEs down to around 6%.)
As a result, Dumoulin-Smith argues, Pennsylvania utilities “could see authorized ROE trends well below peers in prospective rate cases,” which will mean “gradual capital expenditure reductions to align with the new reality,” i.e. less investments by utilities in new transmission and distribution lines, substations, and other grid infrastructure even as demand increases.
This gets to the crux of utility regulation at a time of public anger at ballooning prices: how will utilities be able to revamp an aging grid, prepare for electrification of home heating and transportation, build news transmission for new renewable resources, and build out the grid infrastructure necessary for the data center boom? And what about that wildfire liability? All while making a fair return for investors that passes musters with regulators, elected officials, and voters?
The answer many have come up with is to transform the “regulatory compact.” This can mean, as some scholars have proposed, not offering firm service to all new customers. It can mean getting data center developers and their customers to specifically pay for grid upgrades.
In the case of wildfire liability, the California Public Utility Commission has declared that the set-up of the modern regulatory compact in the Golden State, with utilities required to serve all customers in the state (including in severe fire hazard areas) and then be liable for damages that get passed on to ratepayers, is “unsustainable.”
“Our existing system places outsized and unsustainable burdens on utilities and utility ratepayers to mitigate the risks of wildfires and pay for wildfire damages,” the CPUC wrote in a report mandated by a recent wildfire bill. This translates to higher borrowing and cost of equity for utilities, as well as higher rates.
The CPUC recommended a version of opening up the compact, arguing that the state “should consider funding a portion of utility wildfire mitigation from non-ratepayer sources,” including the state’s general fund (i.e. taxpayers). This echoes Shapiro’s proposal to have the state fund itself with cheaper public equity.
“Public debt is typically cheaper than private credit,” Josh Macey, a professor at Yale Law School, told me.
Another approach is to limit what utilities owe, thus ensuring that they can maintain reasonable returns and stay in business in the states they operate in.
In Utah, Berkshire Hathaway was able to win liability limitations for wildfires, including time limits on claims, the ability to use ratepayer dollars for wildfire mitigation plans, and limiting utility liability from wildfire claims if they comply with wildfire mitigation plans, a model it has tried to export to other states PacifiCorp operates in.
But do all these challenges to utilities represent the end of the “regulatory compact,” as Abel might put it?
For Abel, he claims that changes (or lack thereof) in state law have led to Berkshire’s exiting Washington and potentially other states. In Pennsylvania, analysts claim that changes to the debt-equity mix could mean fewer capital investments. In California, state regulators think utilities are being asked to do too much.
But will these utility reforms mean the death of the utility model itself? Maybe not — after all, PacifiCorp was able to sell its Washington assets to another utility.
The compact is “a kind of political intuition that if we’re asking them to provide low cost, consistent service, we have to give them a real right to kind of recover the costs and earn a steady profit,” Macey said. “It’s hard for me to imagine how that could break down, because if you really see a state not allow a utility to have some chance of doing good business in the state, the utility will not be able to attract capital, and as a political matter, the state will not be able follow through with that.”
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As SPCX hits the Nasdaq, here’s some more from our Musk Mafia survey.
Hopefully by now you’ve read our comprehensive look at Elon Musk’s “climate tech mafia” — a coterie of founders and executives running clean energy and decarbonization companies who jumpstarted their careers at Tesla and SpaceX. But, to quote another hardware executive, we have one more thing.
The backbone of this story was responses to a questionnaire we sent the executives and founders on our list, and we got more great responses than we were able to put in the story, so we wanted to share some of the most insightful and surprising answers they gave us here.
Mateo Jaramillo
Founder and CEO, Form Energy
Formerly: VP Products & Programs, Tesla Energy
“During my time at Tesla, I realized there was a lot of opportunity for energy storage beyond lithium-ion that had never really been commercialized. What I heard over and over again from utility executives while building up the lithium-ion business was that there was a need for something offering much longer duration. Absent that kind of storage, you’re going to build two grids — a renewable grid and a thermal-based grid for reliability — and neither one becomes particularly cost-efficient. So that was the space I went on to go explore.”
Philipp Schröder
Founder and CEO, 1KOMMA5°
Formerly: Country director for Germany and Austria, Tesla
“Total electrification as a precondition for clean energy abundance was a core realization during my time at Tesla. Electrification merges mobility, heating, cooling, and regular consumption into one mega energy stack. That realization also led to our Masterplan for founding 1KOMMA5°.”
Justin Lopas
COO and cofounder, Base Power
Formerly: Lead engineer for Starship manufacturing, SpaceX
“You can get way more done in a day and can move way faster than you think. This does not mean necessarily more hours (although solving any hard problem requires that too), but instead being thoughtful about sequencing work, not accepting delays from suppliers or external counterparties without solid rationale, parallel pathing, accelerating critical learnings to early in the project, etc.”
Cole Ashman
Founder and CEO, PILA
Formerly: Product and applications engineer, Tesla Powerwall
“Question every requirement. It was something that permeated Tesla engineering culture — start from the best possible way to do something and solve for that, instead of letting perceived constraints define what you build.”
Jonathan Criss
Founder and CEO, Vital Lyfe
Formerly: Manager, Starlink development engineering
“At SpaceX, you were expected to own the full outcome, not just your piece of it. I could not go to Elon and say the program slipped because the bathrooms overflowed. He would call me dumb and ask why I did not fix the bathrooms. That mindset forces you to think through every possible failure mode and take responsibility for the overall result. It is basically like running a mini business inside the larger business that is SpaceX.”
Landon Mossburg
Founder and CEO, Peak Energy
Formerly: Director of software engineering and operations, Tesla
“Tesla instills a culture of resourcefulness and extreme cash conservatism when building out operational systems. Being part of that environment teaches you how to design highly effective, creative solutions without wasting capital, allowing us to hit our deployment milestones while remaining exceptionally lean and disciplined with our funding.”
Arch Rao
Founder and CEO, Span
Formerly: Head of products, application, and sales engineering, Tesla Energy
“J.B. Straubel is easily one of the smartest yet incredibly humble engineers and leaders I’ve had the opportunity to work with. He has deep domain knowledge and a keen sense of how to build a high-performance team. To this day, I connect with him to talk about technical ideas and for mentorship.”
Kunal Girotra
Founder and CEO, Lunar Energy
Formerly: Senior director and head of Tesla Energy
“J.B. [Straubel] and Drew [Baglino] were both influential in how they helped solve complex problems within the company while dealing with constant pressure on cash and company survival — [the] company wasn’t the insanity of stock price that it is right now. The formative periods of Tesla were the ones that defined the company, and both of them led from the front.”
Current conditions: The powerful storm system rolling through the Midwest and the Plains on Thursday caused more than 350 incidents of severe weather in just two states, Iowa and Michigan • New York City is getting its own thunderstorm today, which will break the heat going into the weekend • Temperatures in Mecca are already 110 degrees Fahrenheit, and will climb higher on Saturday.
The Department of Energy has reversed its terminations of 11 grants to clean energy projects in states that voted for former Vice President Kamala Harris in 2024. The move comes months after the U.S. District Court for the District of Columbia ruled that the cancellations violated the Fifth Amendment’s equal protection guarantee, citing the continuation of comparable grants to states that voted for President Donald Trump in the election. Under the terms of an agreement between the litigants and the federal government filed on Thursday, the Energy Department will vacate the terminations. Among the primary reasons for the decision, according to a blog post from a network for former Energy Department officials, is that the agency itself admitted that part of its justification for canceling the projects was that they were listed in documents as taking place in “blue states.” But it wasn’t just Democratic-leaning states that were targeted in the initial cuts last fall. As Heatmap’s Emily Pontecorvo wrote, red state projects were on the chopping block, too.
With shares set to start trading on the Nasdaq this morning, SpaceX is on track to become a $1.7 trillion behemoth after raising roughly $75 billion at its stock market debut. Elon Musk’s rocket business, which has also emerged as one of the world’s leading satellite internet providers, is aiming to launch its first extraterrestrial data center in 2028.
Musk’s business empire has spawned an entire ecosystem of companies looking to innovate on hardware and categories venture capitalists call “deep tech.” As Emily and Matthew Zeitlin wrote in a feature yesterday, Musk — once a don of the PayPal mafia — has now emerged at the helm of a new “climate tech mafia” that includes such startups as the next-generation transformer maker Heron Power and the fusion company Maritime Fusion.

Michigan utility regulators should reject utility giant Consumers Energy’s proposed sale of 13 hydroelectric dams to a private equity buyer. In a 312-page ruling detailed by Bridge Michigan, an administrative law judge called the utility’s plan to sell the dams and buy back power at an inflated price “highly problematic” and “inconsistent with the public interest.”
The proposed deal is a sign of growing interest in hydropower, even as existing dams struggle through lengthy relicensing processes. Just last month, the investment firm Hull Street bought the North American hydro giant First Light. Last July, Google brokered the biggest hydropower deal in history, purchasing 3 gigawatts of power.
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General Motors has inked a deal with the sodium-ion battery startup Peak Energy to deploy the competitors to lithium power packs as energy storage systems. The automaker’s investment arm, GM Ventures, will back a partnership with Peak Energy (incidentally another Musk mafia company, co-founded by former Tesla director Landon Mossburg). The move highlights electric vehicle manufacturers’ shift toward grid storage as the battery-making capacity that came online has failed to find demand for all-electric cars. “We believe sodium-ion will be a defining chemistry for grid-scale energy storage systems in the years ahead,” Kurt Kelty, vice president of battery and sustainability at General Motors, said in a statement to InsideEVs.
The United Kingdom is preparing to build Europe’s largest direct air capture facility. Three companies — the developer Progressive Energy, and the carbon-capture specialists Airhive and Mission Zero Technologies — formed a joint venture to build a new plant in northeast England, Bloomberg reported. The venture, wittily named UnionDAC, would come online in 2030 and sequester 60,000 tons annually within two years.
In the U.S., meanwhile, the startup Twelve brought the world’s first commercial e-fuels plant online, using direct air capture to suck CO2 out of the thin air. The company, according to Hydrogen Insight, already has offtake agreements with Alaska Airlines and Microsoft.
New York is officially moving forward with its ambitious nuclear plans. On Thursday, the state Public Service Commission launched a bid to procure 8.4 gigawatts of nuclear power to serve as the “backbone of zero emissions electricity.” The process kicks off with “a full examination of ways to bring new advanced nuclear power online in a timely, cost-effective manner.” In a statement, Governor Kathy Hochul, a Democrat up for reelection this year, said advanced nuclear “is one of the best available options to provide both relief to consumers and strengthen the resilience of New York’s grid with round-the-clock emissions-free energy,” noting that the push is part of her “vision for an all-of-the-above energy strategy that includes renewables and other forms of energy to keep the lights on.”
The former ExxonMobil CEO left his legacy both on the Earth and in the sky.
Lee Raymond, the former ExxonMobil chief executive who became one of the country’s most important and influential climate science deniers, died in Dallas on Saturday. His death was announced today.
Raymond would probably count as a world-historic figure even if viewed only through the lens of the fossil fuel business. As Exxon’s chief executive, he personally negotiated the company’s merger with Mobil, creating the modern oil and gas juggernaut ExxonMobil in 2000 — and uniting two major pieces of the old Standard Oil monopoly. He ran Exxon from 1993 to 1999, and then ExxonMobil until 2005, at a crucial period in the history of that company, turning it from a diversified conglomerate that sold office furniture, real estate, and uranium fuel into a streamlined and exorbitantly profitable oil and gas business. Even before taking over the company, he managed its response to the disastrous Exxon Valdez oil spill; he later oversaw a worker safety push that would be widely copied by the industry.
In a way, he transformed Exxon from a company that was itself a portfolio — that distinguished itself via managerial competence across business lines — into a ruthlessly focused oil and gas supermajor meant to sit inside other people’s portfolios and churn out cash. Under his leadership, ExxonMobil became the world’s most profitable publicly traded company; it later lost that title to Apple.
Yet even if Raymond had merely played a bit part in the history of oil and gas, he would remain essential to the modern ordeal of climate change. Today, people throw around the “climate change denier” label often enough that it has lost some of its charge. But Raymond was the genuine article, a true villain. It was Raymond who turned ExxonMobil into one of the world’s most important funders of falsehood and denial about fundamental climate science research.
Raymond, an engineer by training, straightforwardly rejected the mainstream scientific consensus that carbon dioxide emissions from fossil fuels cause climate change. Even though Exxon’s in-house climate research arm knew by the late 1970s that “there is no doubt” fossil fuels worsened the “potential problem of CO2 in the atmosphere,” Raymond did everything he could to elevate more industry-friendly perspectives. And he was willing to muddy the truth to win.
Under Raymond’s leadership, Exxon spent millions of dollars funding a shadowy network of think tanks and pseudo-scientific groups who published memos, briefings, and advertisements meant to cast doubt on climate change. As the journalist Steve Coll wrote in his book Private Empire,
Under Lee Raymond, ExxonMobil had persistently funded a public policy campaign in Washington and elsewhere that was transparently designed to raise public skepticism about the science that identified fossil fuels as a cause of global warming. ExxonMobil ran some aspects of its campaign clandestinely; that is, it did not initially disclose the full scope and purpose of contributions it made. […] What distinguished the corporation's activity during the late 1990s and the first Bush term was the way it crossed into disinformation.
In his capacity as CEO, Raymond made it clear that he personally rejected bedrock science. “Is the Earth really warming? Does burning fossil fuels cause global warming? And do we now have a reasonable scientific basis for predicting future temperature?,” he asked rhetorically during a 1997 meeting of the World Petroleum Congress in Beijing.
He answered all three questions in the negative, concluding, “Let’s agree there’s a lot we really don't know about how climate will change in the 21st century and beyond.” (In fact, we now know that even ExxonMobil’s primitive in-house climate models, then 20 years old, basically got global warming right.) He also claimed — we now know incorrectly — that any policy passed in the 1990s would be “very unlikely” to affect the future trajectory of mid-21st-century emissions declines.
The campaign worked. Exxon’s activism during this period, conducted sub and supra rosa, helped prevent the passage of major global and domestic climate policy in the 1990s; it also kept the United States from developing expertise in the solar, wind, and battery industries that other countries now dominate.
One of the ironies of this era is that much of modern climate science is derived from oil geology. You cannot grasp the all-important role that carbon plays in the Earth system — the way it has functioned as the thermostat for Earth’s climate over the long run — without a rich understanding of what the fossil record tells us about the Permian, Carboniferous, or the Upper Jurassic periods.
Take the Permian, for instance: When it began 299 million years ago, the Earth was relatively cool, with atmospheric CO2 levels somewhere around 200 to 400 parts per million. But soon enormous volcanoes ignited subterranean stores of fossil fuels, dumping thousands of gigatons of carbon into the atmosphere and initiating an era of rapid global warming and ocean acidification. When the Permian ended 252 million years ago in the largest mass extinction in Earth’s history — an annihilation that climate scientists call “the Great Dying” — atmospheric CO2 was closer to 2,500 parts per million.
When Lee Raymond was born in South Dakota in 1938, the atmosphere’s CO2 concentration sat at about 311 parts per million. When he died last week, it read 421 parts per million. Look at it this way, I suppose: Many people would feel captive to a change of that magnitude. But Raymond did something about it.