[BETA] Fortnightly

The California Public Utilities Commission has established guidelines for the recovery of stranded costs over four years through a competition transition charge collected from existing and future customers, including those who depart the system.

The June 11 order allows recovery from 1998 through 2002 for costs associated with generation plants, nuclear settlements and QF contracts (Docket No. R.94-04-031/I.94-04-032). Costs associated with purchased power contracts, including QF contracts in place on Dec. 21, 1995, can be collected for the duration of the contract.

The U.S. Court of Appeals for the Third Circuit has ruled that federal antitrust laws provide no remedy for complaints by a qualifying cogeneration facility that an electric utility was impermissibly curtailing purchases under its power purchase contract with the QF.

It said that Pennsylvania's recently enacted electric restructuring law "comes too late" to make the QF's complaint a valid one.

Schuylkill Energy Resources Inc., owner and operator of an anthracite coal refuse-fired QF in Shenandoah, Pa., had filed an antitrust claim against Pennsylvania Power and Light Co.

The New York Public Service Commission has set up procedures to reimburse qualifying cogeneration and small power production facilities if any of the state's seven investor-owned electric utilities should curtail purchases of power from the QFs. The Independent Power Producers of New York Inc. blasted the decision.

The PSC said it will review QF requests for reimbursement if a utility is alleged to have curtailed purchases unfairly.

The governors of Maine and Montana (em two states with very different electricity markets (em have signed three bills into law to allow competition in the electric and natural gas industries in their respective jurisdictions.

Maine. Gov. Angus King signed an electric restructuring bill that mandates competition in the state starting March 1, 2000.

The Maine law, An Act to Restructure the State's Electric Industry, L.D. 1804, was signed on May 29. It allows for recovery of stranded costs as determined by the Maine Public Utilities Commission.

State-by-state prospects for electric customer choice.

New Mexico. Public Service Co. of New Mexico asks state PUC to begin collaborative process to draft legislation to allow retail choice of electric suppliers (Case No. 2681). Draft would be proposed to the state's Interim Legislative Committee on integrated Water and Resource Planning, for possible passage in the 1998 legislative session. By mid-June, the utility intends to initiate a plan to allow customer choice by a date certain, defining methods to handle stranded costs and reliability.

Nevada. Nevada Power Co.

Can NERC Juggle All Three En Route to Open Access?

At the year's start, the North American Electric Reliability Council decided to leave its "peer pressure" policy behind and require mandatory compliance with its reliability standards. As NERC grapples with its new policy, Public Utilities Fortnightly asked eight industry representatives how they might ensure reliability in a restructured electric industry.

It had taken time for NERC to arrive at this point, but itÆs official: Mandatory sanctions and business incentives will soon be used to enforce compliance.

Touted as a panacea for stranded costs, securitization would forever shield rates from market scrutiny.

We consumers display an amazing talent to squander the fruits of our labor on the whim of the moment. Examples might include bungee jumping, vanity license plates or pet rocks. Or just about anything you might find in a magazine stuffed in the back of an airline seat.

Now make way for electric utility restructuring, where the latest fashion calls for securitization of uneconomic costs.

When the phone rang it was Tom Mathews, director of mechanical and energy services at Hannaford Bros., the grocery chain that has become better known for shaving utility bills than trimming pork chops.

Mathews made news two years ago when Hannaford had threatened to install generating plants on site at some or all of its 140 or so retail stores, clustered in New England and the north and southeast states. Now he was calling to tell me about his new plan.

The Idaho Public Utilities Commission has authorized Idaho Power Co. to stop paying a "capacity adder" to qualifying cogeneration facilities in addition to its own monthly variable energy cost as payment for nonfirm energy.

The adder, 3 mills per kilowatt-hour, originally was devised by the commission to compensate the QFs for the aggregate-system-capacity benefits provided by the QF suppliers. Nevertheless, due to lack of participation in the QF rate-schedule offering, little was provided to the utility in terms of reduction of capacity needs.

Introduced in the 105th Congress

• H.R. 296, sponsored by John Shadegg (R-Ariz.). Would privatize the federal Power Marketing Administrations, splitting them into regional corporations to market and maintain generation and transmission services. Stock would be sold to recover outstanding federal debt; holding companies could invest in the corporations.

• H.R. 338, sponsored by Cliff Stearns (R-Fla.). Would repeal Section 210 of the Public Utility Regulatory Policies Act (PURPA) of 1978, but would force utilities to honor QF contracts entered prior to Jan.