Congress

Mergers & Acquisitions

Joint Ventures. The Federal Trade Commission, in consultation with the Antitrust Division of the U.S. Department of Justice, issued draft antitrust guidelines for "collaborations among competitors" that will apply to a wide range of joint ventures and strategic alliances other than actual mergers.

Such collaborations would include R&D efforts, information sharing and joint efforts in marketing, distribution, sales or purchasing, plus various types of trade association activities. File No. 971201, Oct. 1, 1999 (F.T.C.), published at 64 Fed. Reg.

Cinergy Corp. named Sherrie N. Rutherford vice president of special projects for Cinergy Services Inc. Rutherford formerly served as vice president and general counsel for the pipeline group and trading operations, and associate general counsel for Reliant Energy Wholesale Group.

Philip R. Sharp, a former Indiana Congressman, will serve as advisor on consumer choice and energy deregulation at Columbia Energy Group. Sharp is a lecturer in public policy at Harvard University's John F. Kennedy School of Government and a member of the U.S. Secretary of Energy's Advisory Board.

State regulators turn to telecom to salvage the clout they've lost in energy.

State public utility commissions now seem to spend more time on telecommunications than electricity or natural gas. That's their new power base. The telephone local loop marks the one place where state regulators still have clout.

To test that notion, let's see who attended last month's annual meeting of the National Association of Regulatory Utility Commissioners, held in San Antonio. By my count, out of the first 500 registered attendees, over 120 (24 percent) came from telecommunications firms.

But who gets a slice of the pie?

In August the Bonneville Power Administration released its proposed wholesale electric rates for the five-year period from 2002 to 2006. The controversial proposal is subject to five months of scrutiny, including eight public hearings from Sept. 30 through Oct. 14, with adoption of final rates expected early in 2000.

In this era of emerging competitive markets, relatively low-priced federal power is prized by wholesale customers in the BPA's Northwestern U.S. service territory.

But preference customers still remain a "vocal political force."

With eyes turned again toward Congress, and possible energy legislation, opponents have thrown up yet another challenge to the sale of low-cost, allegedly subsidized power by the federal power marketing administrations. This time, congressional foes of PMAs have gained allies in several investor-owned utilities and in the findings of a report from the U.S. General Accounting Office, requested last year by Congress to aid its deliberations on electric restructuring.

Eight states blame upwind sources. Agency to revisit emissions targets.

The U.S. Environmental Protection Agency's Sept. 24 rule for 22 eastern states to file plans to reduce nitrogen oxide emissions would ostensibly reduce transport of ground-level ozone, or smog, in so-called "nonattainment areas." But eight of these affected states have filed petitions arguing that NOx emissions blowing in from nearby jurisdictions must be controlled before they can comply.

So far, in preliminary statements, the EPA has indicated that at least some of these petitions have merit.

Deregulation, you say? We still haven't seen any.

Let's begin with a quiz. We'll use the multiple-choice format, developed at the University of Wisconsin during the 1960s to address overcrowding caused by the World War II "baby boom." Choose only one of the following 10 possible answers. Be careful. It's tougher than it looks.

Question: What is meant by the term electric restructuring?

A. To provide all consumers with retail access to multiple "energy" providers.

B. To separate the ownership of power generation from other functions.

C.

Will inaction in the Senate and House prompt FERC to move ahead?

About 36 bills with the word "electric" in them were introduced in the 105th Congress. According to Capitol Hill and industry association staff, the 106th Congress, officially begun Jan. 6, appears likely to see fewer restructuring bills, but steadfast champions.

Likelier still are developments outside of Congress that will shape energy policy and perhaps beat legislators to the punch.

EPA inventory opens generators to scrutiny, especially if they burn coal.

Hazardous emissions are one thing. Damaging publicity is something else-especially in the point-and-click world of Internet access.

In the coming year, the fuels that utilities choose to generate electricity will fall under a stronger media microscope. That's when coal- and oil-fired electricity generators must begin reporting information about their accumulated releases of toxic chemicals for 1998.

September meeting sends draft legislation back to the drawing board.

Reliability is a self-correcting issue (em if we let it slide, something will happen and it will be corrected ¼ [But] do you want the government to do it?"

That was one industry representative speaking of attempts by the North American Electric Reliability Council (known as NERC) to evolve into a self-regulating reliability organization, or SRRO.