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With the demonstrable performance of prior utility tariff bonds, U.S. regulated electric utilities likely will expand their use of this securitization method. It is only sensible to use the technique to allow a utility to recover mandated costs over which the utility has no particular control in the most efficient manner possible. U.S. regulated electric utilities face a period of disruptive change, which will potentially increase significantly the financial risks faced by affected utilities that will add substantial rate recovery pressure.

The stated purpose of Dodd–Frank is to reduce systemic risk, increase transparency of the financial markets, and promote market integrity. Most likely, Dodd–Frank will affect energy companies in connection with their energy marketing, hedging, and trading activities – in other words, in connection with energy “swaps.” The consequences will range up and down a sliding scale depending on a particular firm's activities and the outcome of a federal rulemaking process still many months from completion.

To surmount obstacles to expanding and upgrading the nation's transmission system that are impeding development of the renewables sector, it is critical that these issues be resolved quickly and on a consistent rather than ad hoc basis.