DC

Who will pay the costs incurred by regulated utility companies as they shift to competitive markets under plans engineered at the federal and state levels? This question is part of the debate over electric industry restructuring, but any payments lie in the future. For ratepayers in the gas market, however, the time has come. So far, state regulators have interpreted the law as prohibiting any sharing of gas market "transition" costs between shareholders and ratepayers.

At the National Association of Regulatory Utility Commissioners (NARUC) winter committee meetings in Washington, DC, the executive committee passed a resolution that Congress should not hold hearings on reforms to the Public Utility Holding Company Act (PUHCA) until the Securities and Exchange Commission has completed its investigation on the implications of repeal or substantial modification.

The Ninth permits everything that is not prohibited. The Tenth prohibits everything not otherwise permitted. The one governs the People; the other governs the Government. That's all there is. Now imagine standing on both feet behind a podium, in front of a luncheon crowd of about 100 think-tank types, and holding an audience spellbound for over an hour as you expound upon this noble topic.

This year the Federal Energy Regulatory Commission (FERC) plans to examine the resale of firm natural gas transportation rights, often referred to as the secondary market. The current regulatory structure, which provides for "capacity release" through an electronic bulletin board (EBB), was born in November 1993. How would this secondary market behave under different regulatory or market assumptions?

The District of Columbia Public Service Commission (PSC) will permit Washington Gas Light Co., a natural gas local distribution company (LDC), to continue collecting Order 636 pipeline transition charges through its purchased-gas adjustment clause (PGA), but "questions" whether the costs should become a standard PGA element. The PSC set the matter aside for further review, voicing concern over the "potentially unchecked magnitude" of the costs absent regulatory oversight.

The Tennessee Public Utilities Commission (PUC) has opened a generic proceeding to establish a policy governing recovery of Order 636 pipeline transition costs by natural gas local distribution companies (LDCs). The PUC noted that one LDC, Nashville Gas Co., is currently recovering costs from all customer classes based on total system throughput, but has agreed to halve the charge for interruptible customers. Other LDCs use different methods to assess the costs to customers.

Increasing competition in the electric power industry is likely to entail a little-recognized major complication (em greater difficulty in siting transmission lines. The stakes will often be greater, the opposition could be stronger, and both put a premium on finding a process that can win public acceptance cost-effectively.

Tennessee Valley Authority (TVA) chairman Craven Crowell wants TVA to be able to compete with other utilities for customers outside its service territory. Congress established the territorial boundaries in 1959, limiting TVA and distributors of TVA power to the areas they served as of July 1 of that year. Speaking at the American Public Power Association in Washington, DC, on February 1, Crowell said he has commissioned a study by Palmer Bellevue to examine how to remove the "fence" that prevents TVA from expanding.

By Wallace Edward BrandWallace Edward Brand practices law in his own firm in Washington, DC, where he represents small electric systems.

The Ohio Public Utilities Commission (PUC) has modified its natural gas transportation guidelines for local distribution companies (LDCs) to reflect changes in the industry under FERC Order 636. The PUC said its revisions would give customers a clearer understanding of service rights and curtailment procedures under the restructuring, and reflected the fundamental principle that each gas service must be offered on a comparable basis (em whether provided under bundled or unbundled tariffs.