F. C. Simon

Meta-Regulation in Practice (eBook, PDF)

Beyond Normative Views of Morality and Rationality

• Format: PDF

Produktbeschreibung

Based on a seventeen year study of the Australian energy industry, and via the lens of Niklas Luhmann's systems theory, Meta-Regulation in Practice argues that normative meta-regulatory theory relies on unrealistic assumptions of stakeholder morality and rationality. Meta-regulation in practice appears to be most challenged in a complex and contested environment; the very environment it is supposed to serve best.

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Produktdetails

• Verlag: Taylor & Francis eBooks
• Seitenzahl: 256
• Erscheinungstermin: 26. Juni 2017
• Englisch
• ISBN-13: 9781315308906
• Artikelnr.: 48423895

Autorenporträt

Dr F. C. Simon is a regulatory policy practitioner, having worked in both regulatory and regulated organisations.

Inhaltsangabe

Preface
List of Abbreviations
1 INTRODUCTION
The machinery of meta-regulation
Luhmann's systems theory
The Australian retail energy industry
The structure of this book
References
2 THE IMPLICIT ASSUMPTIONS UNDERPINNING NORMATIVE META-REGULATORY THEORY
Consensus on values and the public interest
The government is a silent enabler of the public interest
The regulator's values and actions represent the public interest
Third party advocates and activists represent the public interest
The private corporate interest can be aligned with the public interest
Organisational rationality and capacity for learning
Conclusion
References
3 CREATING THE WORLD'S MOST COMPETITIVE RETAIL ENERGY MARKET
The early policy vacuum in Victoria
The industry and regulatory response to the policy environment
The development of the Retail Code
Retailer participation in the consultation
Consumer advocate participation in the consultation
How the ESC managed the issues
Government intervention in pricing
The political need to regulate energy prices in 2001
The paradox of regulating prices low in a competitive market
Conclusion
References
4 THE NEXT THIRTEEN YEARS: COMPLEXITY, POLITICS AND CHANGE
Overview of the markets: 2003-2015
Compliance outcomes
Performance outcomes
The industry experience
Protecting vulnerable consumers
The definitional problem
Stakeholder moral perspectives
Disconnection case studies and consultations
Contingency and unpredictable outcomes
The rise and fall (and rise) of the National Energy Customer Framework
The Victorian smart meter debacle
When the Queensland Premier went to war with Origin Energy
Inside the industry
The basis for action: commercial drivers and the bottom line
Managing through risk frameworks
The instability of the corporate environment
Conclusion
References
5 CONTESTING COMPLIANCE IN 'HARDSHIP' REGULATION
The genesis of the Victorian hardship provisions
Legislative changes in 2004
The Utility Debt Spiral Project: a collaborative model
The Victorian Hardship Inquiry
Drawing out the conflict on roles in energy bill management
Consumer advocate positions
Retailer positions
Policy responses and the appearance of action
Conflicts between the ESC and EWOV and wrongful disconnection referrals *
The implications for compliance and performance
Reactions to formal and informal performance reporting
Consumer advocate naming and shaming
Regulatory focus on performance
The creation of retailer hardship programmes
A surprising turn of events: the ESC proposal to abolish hardship
programmes
Conclusion
References
6 CONFLICTING VIEWS OF MARKET COMPETITION
Economic assessments of competition
Complicating factors in identifying effective competition
Behavioural economics and 'rational' consumer choice
The door-to-door sales channel driving churn rates
The quality of competition and unresolved issues about policy expectations
Political views of market effectiveness
How Victoria deregulated prices
Drivers for deregulation in the other states
When the market became the safety net
The AEMC's consumer engagement blueprint
Co-regulation, self-regulation and external enforcement of door-to-door
sales
Self-regulation under Energy Assured Limited
Regulatory enforcement and further retailer self-regulation
Conclusion
References
7 RETHINKING META-REGULATION
The political need to 'do something'
Risk perceptions were amplified under meta-regulation
Political behaviour from the regulators was amplified under meta-regulation
Harnessing the market?
The reputation mechanism was highly unreliable
Retailer learning was heavily constrained
The role of the law
Assessing the effectiveness of meta-regulation in the Australian energy
markets
Meta-regulatory outcomes
A comparison with command and control regulation
A different perspective on meta-regulation
Some final thoughts
References