CROSS THE COUNTRY, CRITICISM RISES FROM INVESTOR-owned utilities as public power agencies are drawn into regional or national markets through power pools and the geographic expansion of power...
Electric Restructuring: NOt by FERC AloneVito Stagliano
Resources for the Future and co-director of the "ESAI Power Market Analysis" firm, was deputy assistant secretary of energy for policy from 1990 to 1993, and contributed to the design of the Energy Policy Act of 1992.1. The FERC played no role in the enactment of the Public Utility Regulatory Policies Act (PURPA), the Natural Gas Wellhead Decontrol act, repeal of the Powerplant and Industrial Fuel Use Act, or the Energy Policy Act of 1992 (EPAct), except as commentator to proposals designed and analyzed by the DOE and approved by the White House.
2. The DOE recently issued a "Sustainable Energy Strategy," which devoted less than one page to electric restructuring issues.
3. EPAct, sec. 722(1)(a).
4. Id., sec. 722(3)(h) (emphasis added).
5. Senate Record Vote Analysis: Energy Bill Conference Report/Cloture, 102d Congress, 2d Session, Oct. 8, 1992, P. S-17625 Temp. Record (emphasis added).
6. The Bush Administration, it should be noted, actually proposed the abolition of the FERC in the initial draft legislation it submitted to Congress under the National Energy Strategy Act of 1991, but Congress rejected the idea when it enacted EPAct.
7. Even for residual monopoly functions, the regulation should set performance standards and monitor market behavior rather than micronage agents or manipulate prices and trade.
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