If “perfect” be the enemy of the “good,” then look no further for proof than in Federal Power Act section 217(b)(4), enacted by Congress in EPACT 2005.

Power-industry restructuring redistributed financial uncertainties that discourage generation investment and ultimately raise the price of electricity to consumers.

How does one determine the value of power contracts under early termination? Given the vagaries of the contracts themselves, the process is neither clear nor standard, and often results in protracted and costly litigation. Did the counterparty have the right to terminate in the first place?

Technology Corridor

Power-Plant Cooling

EPA flounders on the Clean Water rule, while producers tackle the real enemy-shortage.

The U.S. Environmental Protection Agency (EPA) says that a typical sport fisherman working the Great Lakes would pay $4.58 for the privilege of catching a single walleye/pike, but would gladly fork over $7.99 to land a trout, or as much as $11.19 for a salmon.

Contract termination should be easy. Consult the applicable master agreement, calculate the close-out amount, and send or receive a check. If only it were so. In this discussion, we investigate the guidance offered in the key electricity master agreements regarding the calculation of settlement amounts following an event of default and subsequent termination. We also illustrate what we perceive to be a "commercially reasonable" or "good faith" approach to determining settlement amounts.

Energy Risk & Markets

Corporate Risk:

A short list of questions that every board member and senior manager should be able to answer.

"We pursue a disciplined approach to risk management" says the CEO of a major utility during the company's earnings call with analysts and investors. In this era of increased scrutiny over corporate governance, how can senior management and the board be certain that this statement is accurate, and where does the discipline begin?

Frontlines

The failure of the Empire Connection spells trouble for private transmission projects.

It's at the very heart of all policy initiatives for both electric generation and transmission: How do you attract the right amount of investment without creating an overbuilt market, or a boom-bust scenario? In recent months, utility executives, financiers, and policy-makers have been asking this question with even greater zeal than usual.

The technology works, but public policy will dictate its future.

A distant train whistle breaks the silence of a mid-winter evening on Minnesota's Iron Range. The melancholy sound echoes across the expanse of a frozen lake that now fills a long-disused LTV Steel pit near the town of Hoyt Lakes.

How joining the EU may transform the Central and Eastern European electricity sectors

It is not coincidental that energy assets are for sale across Central and Eastern Europe the same year that 10 new countries join the European Union (EU). New member states had to demonstrate significant sector reforms to qualify for EU membership. These sectors have historically had miserable economic results due to artificially maintained low prices, poor and often corrupt management, and significant political interference.

Power Measurement

A look at issues that could keep energy executives up at night.

The most common strategic issue depriving utility executives of sleep is the looming clash of investor expectations for steady growth in earnings compared with what utilities can deliver given slow growth in customers and demand. While many dream of assured regulated rates of return, the reality for most utilities is that the 1.5 percent retail growth experienced between 2002 and 2003 will prove unsatisfactory for earnings.