Energy Policy Act repeals PUHCA (2005)
Congress repealed the Public Utility Holding Company Act of 1935, which had blocked multi-state electric utility mergers for seventy years. The repeal took effect in February 2006 and removed the main legal barrier to cross-state combinations.
Within seven years, the sector saw a wave of mergers: Exelon-Constellation closed in 2012, Duke-Progress closed in 2012, AEP and others followed with smaller deals.
The number of US investor-owned electric utilities fell sharply, and a handful of holding companies came to serve roughly a third of US electric customers.
The post-PUHCA electric wave shows how a single regulatory change can release decades of pent-up consolidation pressure. Today's water sector lacks one big bang, but the cumulative weight of EPA rules and state fair-value laws is producing a similar effect over a longer arc.
