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What Is Energy Deregulation? How Electricity Choice Works for Commercial Customers

Energy deregulation, also called retail electric choice or restructuring, separates the electricity you use (supply) from the wires that carry it (delivery). In a deregulated state your utility still owns the lines, reads the meter, restores outages, and bills you for delivery, but you can buy the supply portion from a licensed competitive supplier instead of taking the utility's default rate. Seventeen states and Washington, D.C. adopted some form of retail choice, and commercial and industrial customers are the heaviest users of it.

By Jason Taken, Founder, Jaken Energy

Updated September 11, 2026Last verified: September 11, 2026

What deregulation actually separated

Before restructuring, one utility did everything: it owned power plants, ran the transmission lines, owned the local wires, and sent a single bundled bill. Deregulation in the late 1990s and early 2000s pulled that apart. In a restructured state, the utility was required to sell or spin off generation and became a wires company, while independent generators and retail suppliers sell the electricity itself [epa-grid-markets].

For a commercial customer the practical result is a bill with two halves:

Bill componentWho provides itRegulated?Can you shop it?
Supply (generation, sometimes called energy or commodity)Utility default service or a licensed competitive supplierDefault price is regulated; supplier prices are notYes, in deregulated states
Delivery (distribution, plus transmission in most states)Your local utilityYes, by the state commissionNo

Some states move transmission into the supply half and some keep it with delivery, which matters when you compare a supplier's quote to the utility rate. Our page on reading a commercial utility bill walks through the line items.

Massachusetts' Department of Public Utilities describes the same split from the customer's side: you may buy supply from a DPU-licensed competitive supplier or take basic service from your electric company, and under consolidated billing the utility still sends one bill and forwards the supply payment to the supplier [ma-dpu-competitive-supply].

Who gets to choose

Retail choice is a state decision. As of the EIA's survey of participation, seventeen states and the District of Columbia had adopted retail choice programs, and the customers who used them most were businesses: a majority of commercial customers had switched to competitive suppliers in nine states, and a majority of industrial customers had switched in twelve [eia-tie-6250]. Illinois was near the top, with 85 percent of industrial and 56 percent of commercial load on alternative suppliers in 2010 [eia-tie-6250].

In most of these states, any non-residential account can shop. A few states limit it:

  • Michigan caps alternative electric supplier load at 10 percent of each utility's average weather-adjusted retail sales from the prior year, with a queue for customers waiting for room [mi-mcl-460-10a].
  • California never reopened residential choice after the 2000 to 2001 crisis. Its Direct Access program is limited to non-residential customers, sits under a statewide load cap of roughly 28,800 GWh after SB 237 added 4,000 GWh, and admits new customers through a lottery held in the second full business week of June for service the following January [cpuc-direct-access].
  • Nevada has no general retail choice. NRS 704B lets a commercial, industrial, or governmental customer with an average annual load of 1 MW or more apply to the Public Utilities Commission of Nevada to buy from a licensed provider of new electric resources, and the customer pays its share of certain utility costs on the way out [nv-nrs-704b].

Everywhere else on this site, if your facility is in the service territory of an investor-owned utility, you can shop. Municipal utilities and co-ops are the common exception: in Texas, for example, retail competition applies inside the ERCOT competitive areas, where ERCOT administers switching for about 8 million premises, but not in municipal or cooperative territories that chose to stay closed [ercot-about].

The utility's continuing role

This is the part operators most often get wrong. Switching suppliers does not change who owns the transformer outside your building, who sets your delivery rate class, or who shows up when a feeder trips.

New Hampshire's Department of Energy puts it plainly: after you choose a competitive supplier you are still a customer of your electric utility for delivery, the utility still restores power in an outage, and you will either get one consolidated bill from the utility or two bills, one from each [nh-doe-choosing-supplier]. Roughly half or more of a typical bill there is delivery, which no supplier can touch [nh-doe-choosing-supplier].

That has two consequences for a grow or lab:

  1. Demand charges are mostly a delivery issue. Your utility's per-kW distribution charge stays the same no matter who supplies energy. See demand charges explained. A supplier contract can only move the supply-side capacity and energy costs.
  2. Rate class is a utility issue. Whether you sit in a small, medium, or large general service class is decided by the utility under its tariff, and that is often worth more than a supplier switch. See utility rate classes explained.

Default service and the price to compare

If you never choose a supplier, you get default supply from the utility. The utility does not generate it; it buys it through commission-supervised auctions or laddered contracts and passes the cost through. Names differ by state:

  • Illinois: default supply, with a published Price to Compare for ComEd and Ameren Illinois [il-plugin-illinois]
  • New Jersey: Basic Generation Service; commercial and industrial customers with peak loads of 750 kW or more pay an extra retail margin of half a cent per kWh if they stay on it, and customers above 1,000 kW are placed on hourly pricing [nj-bpu-commercial-shopping]
  • Massachusetts: basic service [ma-dpu-competitive-supply]
  • Connecticut: standard service from Eversource or United Illuminating, with a PURA rate board for comparing supplier offers [ct-pura-choose-supplier]
  • Rhode Island: Last Resort Service from Rhode Island Energy [ri-puc-electric]
  • Maine: standard offer service, priced through MPUC-run auctions that reset each January [me-mpuc-choosing-supplier]
  • Maryland, Delaware, and D.C.: Standard Offer Service [md-psc-electric-choice] [de-psc-electric]

The price to compare is your benchmark. A supplier quote only makes sense if you know what it is being compared to, what that default price includes, and how often it changes. Default service for large commercial accounts is often reset quarterly or monthly and in some states is hourly, so a "fixed" supplier price is really a bet against a moving target. Our guide to fixed, index, and block-and-index contracts covers how to make that bet deliberately.

Where the wholesale price comes from: ISOs and RTOs

Behind every supplier and every default-service auction is a wholesale market run by a regional grid operator. FERC encouraged the formation of independent system operators after Orders 888 and 889 and regional transmission organizations after Order 2000, and it lists seven today: CAISO, ERCOT, SPP, MISO, PJM, NYISO, and ISO-NE [ferc-rto-iso]. Competitive wholesale markets cover the Northeast, Midwest, Texas, and California, which is exactly the map of retail choice [epa-grid-markets].

The ISO matters to you for three reasons:

  • Energy price. Suppliers price your contract off that ISO's forward curve.
  • Capacity. PJM, NYISO, and ISO-NE charge suppliers for capacity based on each customer's share of the regional peak. That cost is passed to you, and it is set by how much you draw during a handful of summer hours.
  • Territory splits. Illinois is split, with ComEd in PJM and Ameren Illinois in MISO, so the same contract product prices differently in Chicago and Springfield [il-plugin-illinois]. PJM alone coordinates wholesale power across all or part of 13 states plus D.C. [pjm-about]

State-by-state: the 17 jurisdictions on this site

StateWhat kind of choiceDefault service nameRegulatorGuide
IllinoisFull commercial choice via ICC-certified ARES [il-plugin-illinois]Price to CompareIllinois Commerce CommissionHow to switch
OhioFull choice via PUCO-certified CRES providers [puco-energy-choice]Standard Service OfferPUCOHow to switch
MichiganCapped: 10% of each utility's retail sales, queue for the rest [mi-mcl-460-10a]Utility full serviceMichigan PSCHow to switch
PennsylvaniaFull choice via electric generation suppliers [pa-papowerswitch]Price to Compare (default service)PA PUCHow to switch
New JerseyFull choice via BPU-licensed third party suppliers [nj-bpu-commercial-shopping]Basic Generation ServiceNJ BPUHow to switch
New YorkFull choice via ESCOs [ny-dps-energy-competition]Utility supplyNY PSCHow to switch
MarylandFull choice via licensed suppliers [md-psc-electric-choice]Standard Offer ServiceMaryland PSCHow to switch
DelawareFull choice in Delmarva and Delaware Electric Cooperative territory [de-psc-electric]Standard Offer ServiceDelaware PSCHow to switch
Washington, D.C.Full choice in Pepco territory [eia-tie-6250]Standard Offer ServiceDC PSCHow to switch
MassachusettsFull choice via DPU-licensed suppliers [ma-dpu-competitive-supply]Basic serviceMassachusetts DPUHow to switch
ConnecticutFull choice via PURA-licensed suppliers [ct-pura-choose-supplier]Standard servicePURAHow to switch
Rhode IslandFull choice via nonregulated power producers [ri-puc-electric]Last Resort ServiceRI PUCHow to switch
MaineFull choice via competitive electricity providers [me-mpuc-choosing-supplier]Standard offer serviceMaine PUCHow to switch
New HampshireFull choice via registered competitive suppliers [nh-doe-choosing-supplier]Default energy serviceNH Department of EnergyHow to switch
CaliforniaDirect Access: non-residential only, capped, June lottery [cpuc-direct-access]Bundled utility or CCA serviceCPUCHow to switch
NevadaNRS 704B exit for 1 MW+ customers by PUCN application [nv-nrs-704b]NV Energy bundled servicePUCNHow to switch
TexasFull choice in ERCOT competitive areas via PUCT-regulated retail electric providers [ercot-about] [puct-electricity]None (no default utility supply in competitive areas)PUCTHow to switch

Two notes on the table. New York opened its markets in the 1990s and ESCOs must complete a DPS application before serving customers [ny-dps-energy-competition]; commercial accounts are the core of that market. Texas is the one place where there is no utility default supply to fall back on inside the competitive areas; every customer there is with a retail electric provider, and the PUCT regulates those providers alongside the wires utilities [puct-electricity].

You can check a specific address with the state deregulation eligibility checker, and the FAQ on which states let cannabis facilities shop covers the licensing questions suppliers ask.

Why it matters more for cannabis than for most businesses

Deregulation is a bigger lever for a grow than for an office because so much of the bill is supply. Commercial customers paid an average of 14.19 cents per kWh nationally in June 2026, but the spread between states is wide, from 8.66 cents in Texas to 27.33 cents in California [eia-epm-5-6-a]. An indoor facility running lights twelve hours a day and HVAC around the clock buys a lot of kilowatt-hours, so a one-cent difference on supply is real money, and the shape of that load, which is flat and predictable compared to a retail store, is something suppliers price favorably.

The catch is that suppliers price risk, and a contract signed without understanding bandwidth clauses, capacity pass-throughs, or auto-renewal can cost more than default service. That is the subject of energy broker vs. direct supplier and the contract pages linked below.

Frequently asked questions

Does switching suppliers change who fixes an outage?

No. In every deregulated state the local utility still owns and maintains the wires, responds to outages, and reads the meter. A competitive supplier only replaces the supply (generation) portion of your bill. New Hampshire's Department of Energy, for example, tells customers they remain a utility customer for delivery and still call the utility when the power goes out.

Is deregulation the same in every state on this site?

No. Thirteen of the seventeen jurisdictions let essentially all commercial customers shop. Michigan caps alternative supplier load at 10 percent of each utility's retail sales, California's Direct Access program is limited to non-residential customers under a statewide load cap with an annual lottery, and Nevada's NRS 704B route is for customers with average loads of 1 MW or more who apply to the PUCN.

What is a price to compare?

It is the utility's default supply price, published so you can judge a supplier's offer against it. Illinois calls it the Price to Compare; other states use terms like standard offer service, basic service, basic generation service, default service, or standard service. It usually covers energy only, so check whether capacity, transmission, or adjustments sit outside it before comparing.

Can a cannabis business be refused by a competitive supplier?

Suppliers set their own credit and industry policies, and some decline cannabis accounts because of banking or federal-law concerns. State choice rules do not exclude cannabis licensees, so the practical answer is that some suppliers will quote and some will not. A broker who works with the industry knows which ones will.

What happens if my supplier goes out of business?

Your account returns to the utility's default service, usually with no interruption in power, because the utility never stopped delivering it. You would then pay the default rate until you sign with another supplier.

Do I need a broker to shop for supply?

No. You can contact licensed suppliers directly using your state regulator's list. A broker adds value by pulling quotes from several suppliers at once, normalizing them so the terms match, and reviewing pass-through and termination language. See our page on brokers versus going direct.

About the author
Jaken Energy

Jason Taken founded Jaken Energy, the commercial energy procurement practice behind this site. He works with licensed cannabis operators in deregulated electricity markets to lower supply rates, manage demand charges, and evaluate efficiency upgrades.

Sources

Inline citations in this article, such as [eia-tie-6250], refer to the entries below. Links open the primary source in a new tab.

  1. [eia-tie-6250]State electric retail choice programs are popular with commercial and industrial customers (Today in Energy, May 14, 2012)U.S. Energy Information Administration. Accessed 2026-09-11.
  2. [eia-epm-5-6-a]Electric Power Monthly, Table 5.6.A: Average Price of Electricity to Ultimate Customers by End-Use Sector, by State, June 2026 and June 2025U.S. Energy Information Administration. Accessed 2026-09-11.
  3. [epa-grid-markets]U.S. Electricity Grid & MarketsU.S. Environmental Protection Agency. Accessed 2026-09-11.
  4. [ferc-rto-iso]RTOs and ISOsFederal Energy Regulatory Commission. Accessed 2026-09-11.
  5. [pjm-about]About PJMPJM Interconnection. Accessed 2026-09-11.
  6. [il-plugin-illinois]Plug In Illinois: the Official Electric Choice Website of the Illinois Commerce Commission (including ComEd Price to Compare)Illinois Commerce Commission. Accessed 2026-09-11.
  7. [puco-energy-choice]Energy Choice Ohio (Apples to Apples)Public Utilities Commission of Ohio. Accessed 2026-09-11.
  8. [mi-mcl-460-10a]Michigan Compiled Laws 460.10a: Electric customer choice (Public Act 141 of 2000, as amended)Michigan Legislature. Accessed 2026-09-11.
  9. [pa-papowerswitch]PAPowerSwitch: The Official Electric Shopping Website of the Pennsylvania Public Utility CommissionPennsylvania Public Utility Commission. Accessed 2026-09-11.
  10. [nj-bpu-commercial-shopping]Commercial Customers: Shopping for EnergyNew Jersey Board of Public Utilities. Accessed 2026-09-11.
  11. [ny-dps-energy-competition]Energy Competition: Information for Consumers (ESCOs)New York State Department of Public Service. Accessed 2026-09-11.
  12. [md-psc-electric-choice]Electric ChoiceMaryland Public Service Commission. Accessed 2026-09-11.
  13. [de-psc-electric]Electric (Electric Choice, Standard Offer Service)Delaware Public Service Commission. Accessed 2026-09-11.
  14. [ma-dpu-competitive-supply]Competitive electric supply product overviewMassachusetts Department of Public Utilities. Accessed 2026-09-11.
  15. [ct-pura-choose-supplier]Choose a Supplier: Information for CustomersConnecticut Public Utilities Regulatory Authority. Accessed 2026-09-11.
  16. [ri-puc-electric]Electric Utility Information (Nonregulated Power Producers, Last Resort Service)Rhode Island Public Utilities Commission. Accessed 2026-09-11.
  17. [me-mpuc-choosing-supplier]Choosing an Electricity SupplierMaine Public Utilities Commission. Accessed 2026-09-11.
  18. [nh-doe-choosing-supplier]Choosing an Energy SupplierNew Hampshire Department of Energy. Accessed 2026-09-11.
  19. [cpuc-direct-access]Direct AccessCalifornia Public Utilities Commission. Accessed 2026-09-11.
  20. [nv-nrs-704b]Nevada Revised Statutes Chapter 704B: Providers of New Electric ResourcesNevada Legislature. Accessed 2026-09-11.
  21. [ercot-about]About ERCOTElectric Reliability Council of Texas. Accessed 2026-09-11.
  22. [puct-electricity]Consumer Help: ElectricityPublic Utility Commission of Texas. Accessed 2026-09-11.