[BETA] Fortnightly

Sound bites from state and federal regulators.

Refusal to Wheel. Federal judge allows rural electric co-op to proceed with antitrust suit against PacifiCorp, ruling that doctrine of state action immunity does not insulate a regulated investor-owned electric utility from antitrust action for allegedly refusing to sell to sell power to others for resale to customers, or for allegedly refusing to wheel power generated by other suppliers. This ruling comes despite state laws regulating electric utilities that prohibited competition for new customers, where law established no agency review, but relied on the courts to hear individual complaints. Snake River Valley Elec. Assoc. v. PacifiCorp, - F.Supp - , No. CV 96-038-E-BLW, April 25, 1997 (D.Idaho).

Gas Storage Service. New York allows Rochester Gas and Electric Corp. to implement a new gas storage service for marketers serving groups of firm and large-volume transportation customers that currently use on-system balancing service. Each customer must install automated meter-reading equipment to use the service. Case No. 93-G-0932, May 28, 1997 (N.Y.P.S.C.).

Gas Marketing Affiliates. New York authorizes Consolidated Edison Co. of New York to invest $700 million in its unregulated gas service subsidiary, ProMark Energy, to expand its activities. Con Ed will pay a 1-percent royalty on ProMark's total investment base to the utility's regulated operations. Case 96-E-0897, April 23, 1997 (N.Y.P.S.C.).

Gas Transportation Rates. Pennsylvania OKs new rate mechanism by Peoples Natural Gas Co. A $1.1131 per Mcf surcharge will allocate "a fair share" of the LDC's over or under recovery of natural gas costs to ratepayers who shift from retail sales service to transportation service. Docket No. R-00973928, May 8, 1997 (Pa.P.U.C.).

Gas Industry Restructuring. Montana opens informal proceeding to restructure the state's natural gas industry. Initial phase will review consumer and supplier protections, as well as supplier licensing standards. Docket No. L-97.1-RUL, May 29, 1997 (Mont.P.S.C.).

Gas Curtailment Plans. New York PSC directs gas LDCs to file curtailment plans that address only the order of curtailment for utility sales customers. PSC calls existing plans "anachronistic" because they focus solely on the type of use and did not account recent growth in the number of transportation customers. Case 93-G-0932, April 25, 1997 (N.Y.P.S.C.).

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