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Courts & Commissions

Fortnightly Magazine - December 1997

Ltd. Partnership v. Ohio Edison Co., 165 PUR4th 135 (Ohio P.U.C.1995).

IN BRIEF....

GAS STORAGE COSTS. Maine revises gas cost adjustment rules to allow recovery of off-system storage costs. Commission explains current rules exclude all storage costs from recovery, but since FERC Order No. 636, the industry treats storage costs as a gas supply cost. Docket No. 97-172, Aug. 6, 1997 (Me.P.U.C.).

Diversification. Michigan certifies plan by MCN Energy Group Inc. to increase investments in electric generation facilities in India to $500 million. Case No. U-11373, Sept. 12, 1997 (Mi.P.S.C.).

Pipeline Demand Costs. Pennsylvania upholds use of the "extra demand" method for allocation of interstate pipeline charges incurred by T.W. Phillips Gas and Oil Co. The method allocates costs based on each customer class' contribution to peak-day demand above its average demand. R-00963812, July 31, 1997 (Pa.P.U.C.).

Upstream Gas Competition. Oregon OKs plan by Northwest Natural Gas Co. to offer competitive upstream commodity and capacity services outside its own service territory, finding markets had developed sufficiently. Order No. 97-342, Sept. 5, 1997 (Ore.P.U.C.).

Revamped Restructuring Plan. Montana says PacifiCorp's electric restructuring plan doesn't meet requirements of new customer choice law and orders utility to resubmit it. The PSC finds insufficient data on transition costs, separation of rate base and expense items and pilot programs. Docket No. D97.7, Order No. 5987b, Sept. 22, 1997 (Mont.P.S.C.).

Tort Liability Waiver. Illinois court rules that a tariff waiver of tort liability protected Commonwealth Edison Co. against damage claims by a customer who was injured in a fall after the utility disconnected power to her home. Disconnection was part of safety measures associated with the 1992 Chicago Tunnel Flood. No. 93 L 4338, Sept. 3, 1997 (Ill.Cir.Ct.).

Gas Service Territory. North Carolina Supreme Court upholds a decision by state regulators granting certificate of convenience and necessity to a newly formed company to provide natural gas service in previously unserved areas of the state. 488 S.E.2d 591, July 24, 1997 (N.C.)

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