October 20, 2021

Volume XI, Number 293

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Real Estate Investment Trust as a Vehicle for Utility Funding

A recent Wall Street Journal article (January 15) highlights the use of a real estate investment trust (REIT) for financing the acquisition of Oncor Electric Delivery Company (Oncor) upon its exit from bankruptcy.  In a proposed $17 billion transaction, Hunt Consolidated Inc. seeks to acquire Oncor by converting Oncor into a real estate investment trust.

Real Estate Investment Trust as a Vehicle for Utility FundingThe transaction has been opposed by, among others, AARP, Inc. and the staff of the Public Utilities Commission of Texas (PUCT) as transferring wealth from ratepayers to shareholders and being an inappropriately risky method of utility financing.  Concern exists that the use of REITs in utility financing is a “dangerous financial engineering fad” that will endanger the financial health of the providers of essential utility services.  It remains to be seen whether this “fad” is a viable alternative for conventional utility financing.

The hearings on the proposed transaction began last week before the PUCT with a decision expected from the Commission by the end of March.

©2021 All Rights Reserved. Lewis Roca Rothgerber LLPNational Law Review, Volume VI, Number 22
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About this Author

Mark Davidson, public utilities, energy, attorney, Lewis Roca Rothergerber
Special Counsel

Mr. Davidson's approach to practicing in public utilities law has been ‎developed by having represented all facets of utility regulation ‎including utilities, their customers, and the agency that regulates ‎them. He has practiced before regulatory agencies in Colorado, ‎Louisiana, Washington and Wyoming. As the country moves toward ‎more renewable energy alternatives, his representation of solar and ‎wind energy service providers will be at the forefront of our energy ‎economy both in Colorado and across the nation.‎

303-628-9577
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