Right-of-way rules provide fundamental assumptions of what it means to be a public utility in states. Utilities are considered entities that distribute electricity across properties, while entities that consume and produce energy on their own property are customer-generators. Growing interest in multi-customer microgrids is profoundly challenging these assumptions. 
Should non-utility microgrid operators be allowed to distribute and manage energy across a community or across several businesses? Could states consider regulatory classifications that strike a ‘middle ground’ between customer and public utility? What guardrails must be applied to ensure that exemptions to right-of-way rules are thoughtful, safe, and provide public benefits?
This panel will approach these complicated questions, diving into the history and application of right-of-way restrictions and illustrating state narratives where rules were reconsidered, overcome, or reinforced in multi-customer microgrid contexts.