FERC

Frontlines

Six weeks ago I wrote a column ("$70,000 an Hour," July 15, 1996, p. 4) about nuclear waste, the Department of Energy (DOE), and the billions of dollars paid in by electric utilities that lie stranded in the federal nuclear waste fund.

On July 23 a federal appeals court ruled that DOE must establish a repository and begin accepting high-level nuclear waste for storage, beginning January 31, 1998. (See, Indiana-Michigan Power Co. v. DOE, D.C. Cir.

Reps. Ask FERC for PURPA Reforms

Eleven members of the U.S. House of Representatives have written to Chair Elizabeth A. Moler asking the Federal Energy Regulatory Commission (FERC) to address competitive issues arising from the Public Utility Regulatory Policies Act (PURPA).

Lakehead Pipe Line Appeals FERC Ruling

The Federal Energy Regulatory Commission (FERC) has refused to rehear or modify a June 15, 1995, rate order (Opinion 397) that denied Lakehead Pipe Line Partners, L.P. any income-tax allowance related to "curative allocations" under section 704(c) of the Internal Revenue Code that increase the general partner's taxable income beyond his or her proportion of company ownership.

The ruling (Opinion 397-A) affirms Lakehead's entitlement to a tax allowance based on the income attributable to corporate partners, but imposes a limit.

Santa Outlines FERC's Future Focus

The Federal Energy Regulatory Commission's Donald F. Santa, Jr. looked beyond Order 888 electric restructuring when he addressed the second annual DOE/EPRI Executive Conference in Washington, DC, on May 21. According to Santa, the post-Order 888 electric agenda will be marked by three cross-cutting issues.

First, the FERC will grapple with market power in an open-access environment. While open access will mitigate the market power of transmission-owning utilities, the FERC needs to consider market power stemming from generation concentration.

Order 888 Petitions Strong on Stranded Costs

About 90 parties have filed petitions seeking changes to Order 888. Claiming "errors," the National Association of Regulatory Utility Commissioners (NARUC) asked the Federal Energy Regulatory Commission (FERC) to reverse its assertion of:

s Jurisdiction over unbundled retail transmission services

s "Primary" authority over retail stranded-cost recovery when retail consumers convert to wholesale

s "Backstop" authority to provide stranded-cost recovery when an end user changes power suppliers under a state-established retail wheeling system.

First Nonjurisdictional Utility Uses Order 888 "Safe-Harbor"

The Federal Energy Regulatory Commission (FERC) on May 29 found that a nonjurisdictional utility's voluntary open-access tariff, with certain modifications, would meet the electric transmission comparability standards established by Order 888. In the first case of its kind, the South Carolina Public Service Authority (SCPSA) has agreed to satisfy the reciprocity requirement that it offer nondiscriminatory transmission services to obtain open-access service from public utilities (Docket No. NJ96-1-000).

SCPSA submitted the open-access tariff before Order 888 came out.

Frontlines

It's August again. In Washington. Anyone with any sense is looking to get out of town and hole up at the beach. Anyone, that is, except a magazine editor.

When I wrote this column on July 11, Rep. Dan Schaefer (R-CO) had just concluded a news conference to announce his "Electric Consumers' Power to Choose Act of 1996." Reams of testimony were pouring in, demanding to be read. Faxes arrived nonstop all afternoon with offers from experts to provide comments, quotes, or some unique spin on the day's events.