We examine the equilibrium price, investment, and capital structure of
a regulated firm using a sequential model of regulation. We show that
the firm's capital structure has a significant effect on the regulate
d price. Consequently, the firm chooses its equity and debt strategica
lly to affect the outcome of the regulatory process. In equilibrium, t
he firm issues a positive amount of debt and the likelihood of bankrup
tcy is positive. Debt raises the regulated price, thus mitigating regu
latory opportunism. However, underinvestment due to lack of regulatory
commitment to prices persists in equilibrium.