Fortnightly Magazine - June 15 1995

Texas Court Ruling Opens Door on Tax Cost Recovery

Texas Utilities Electric Co. and Gulf States Utilities are looking to an April 13 Texas Supreme Court decision (involving GTE-Southwest) that says the state PUC need not employ the actual taxes paid method in setting utility rates. Gulf States will now amend its appeal of a March 20 Texas PUC order forcing a $52.9-million rate reduction, which had included a $25.8-million actual taxes paid component. Texas Utilities had put its faith in legislative relief, but saw its hopes dashed in late April when a Texas state senate committee defeated a proposal to take up the matter.

Electric Utility Gas Supplies a Concern in Pennsylvania

To prevent a repeat of the energy emergency experienced in the state in January 1994, the Pennsylvania Public Utilities Commission (PUC) has ordered electric utilities to negotiate with their power pools, nonutility generators, and supplier utilities outside the state regarding fuel-supply reliability for plant identified as available to meet winter peak. The PUC suggested that the utilities revise rules that allow generation fueled solely by natural gas and delivered under interruptible transportation contracts to count as part of reserve capacity.

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