Even so, regulators still consider it one of the state's worst polluters.
In such cases, however, regulators consider not only national but also local market share, which, for these companies, is significantly higher in some cities.
Moreover, regulators most likely will consider what might happen next.
In the last two years, Empire has lost $250 million and its reserves have fallen to a level regulators consider dangerously low.
For the first time, regulators are considering whether to recall a vehicle that meets the Federal standards.
Now regulators must consider whether to add cholesterol-lowering medication to that list.
In the last two years, Empire has lost $250 million and its reserves have fallen far below the amount that state regulators consider safe.
But few regulators or electric generation companies considered how best to connect the power plants to customers.
He said he asked that the regulators "not only consider the cost to the agency but look to the total cost to the Government."
The regulator considers a level of 15% as efficient.