Calendar of Events

Jun 19, 2013 to Jun 21, 2013 | Munich, Germany
Jun 19, 2013 to Jun 20, 2013 | Las Vegas, Nevada
Jun 25, 2013 to Jun 26, 2013 | New York, NY

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Public Utilities Reports

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Commission Watch

California vs. Oregon

An expiring 40-year-old contract rocks the Pacific AC Intertie.

Bruce W. Radford

PacifiCorp informed FERC, PG&E, and the state of California that it would not renew the contract upon its long-anticipated expiration date of July 31, 2007. Instead, it would take back full ownership of its transmission-line rights and sell the available capacity into the open market under its own tariff at today’s going rate.

When Shippers Seek Release

Price caps, secondary markets, and the revolution in natural-gas portfolio management.

Bruce W. Radford

When FERC decided in February, in Order 890, to lift the price cap for electric-transmission customers seeking to resell their grid capacity rights in the secondary market, it cautioned against expecting a quid pro quo for gas. Was the commission just teasing?

The New Balance of Power

Do states have any rights in siting LNG terminals?

William A. Mogel and Shuchi Batra

Natural gas often is called the world’s most perfect fuel. And since it can be transported as liquefied natural gas (LNG), and, as LNG, is projected to meet 20 percent of the country’s natural-gas requirements by 2025, the construction of onshore LNG terminals is crucial for the United States. Siting of LNG terminals is contentious as states and a range of stakeholders challenge and seek to frustrate FERC’s permitting authority.

Pulling An Inside Job

PJM loses luster in a squabble over market monitoring.

Bruce W. Radford

The bottom fell out in the hearing room at FERC on April 5 when witness Joseph Bowring let it slip that, yes, he might well prefer more independence from his employer in his role as chief of the market monitoring unit at the PJM Interconnection.

Greening the Grid

Can markets co-exist with renewable mandates?

Bruce W. Radford

Part way through the Feb. 27 conference on electric competition, it was so quiet you could hear a hockey puck slide across the ice. No, hell had not frozen over. Rather, it was Commissioner Marc Spitzer, who had found a clever story to ease the tension and allay fears that FERC somehow might want to undo the sins of the past, and give up its dream of workable markets for wholesale power.

The Mobile-Sierra Doctrine, Part Deux

A new twist on an old doctrine.

Stephen L. Teichler and Ilia Levitine

The D.C. Circuit once observed that the Mobile-Sierra doctrine is “refreshingly simple.” In fact, however, the doctrine has become incredibly nuanced and complex over time. In two concurrently issued decisions, the court has discovered new prerequisites to the initial application of the doctrine, changed the independent “public interest” review standard into a presumption, and has jettisoned that presumption entirely when contract prices are too high as opposed to too low.

States of Denial

Three challenges to federal authority from those unhappy with the status quo.

Bruce W. Radford

A look at how regulators, grid operators, and consumer advocates in Arkansas, California and Connecticut have posed challenges to established law and policy at FERC.

How Needed Is NERC?

Critics say its new budget and business plan could simply duplicate the work of RTOs.

Bruce W. Radford

FERC granted formal certification to NERC as the nation’s sole ERO and reliability czar, making it inevitable that NERC would delegate the job of regional enforcement to its various regional reliability councils, already constituted. To understand why FERC acted as it did, turn back the clock nearly a decade.

Return On Equity: Regulators Trust, but Verify

Some recent utility rate proceedings cast doubt on new ROE models and “risk adders.”

Phillip S. Cross

Our annual return on equity (ROE) survey broadly shows a continuing decline in the level of debate over issues specific to restructuring of the electric market. It also reveals a subtle shift back to investor requirements and overall business risks faced by regulated companies.

Bad Day at Black Oak

Beware even the best of attempts at apportioning grid rights and costs.

Bruce W. Radford

Several recent complaints involving PJM and now at FERC pose fundamental questions on how regulators and grid operators should attempt to price and allocate grid rights and costs. Is the transmission network a public asset, with costs that must be apportioned on principles of equity? Or, rather, is transmission an instrument of commerce, to be priced so as to maximize trade?

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