[BETA] Fortnightly

Antitrust is not another form of regulation. Antitrust

is an alternative to regulation

and, where feasible, a better alternative.

(em Stephen G. Breyer,

"Antitrust, Deregulation, and the Newly Liberated Marketplace,"

75 Calif. Law Rev. 1005, 1007 (1987).

One of the most influential organizations in utility regulation is seeking a new executive after its director of more than 30 years resigned in the midst of strategic planning that could change the group's future.

Paul Rodgers, executive director and general counsel for the National Association of Regulatory Utility Commissioners (NARUC), made his July 25 resignation effective August 9. He was given two year's pay as severance.

Charles D. Gray, assistant general counsel, has taken over as acting general counsel.

It's not just for residential consumers. Research suggests a

substantial niche market

of commercial

and industrial customers that are favorably disposed to green electricity.Seven utilities across the country have launched "green pricing" programs for residential electric customers. At these utilities, up to 3 percent of residential customers pay rate premiums to underwrite the construction and use of renewable electric generation.

Madison Gas and Electric Co. (MGE) has asked the Federal Energy Regulatory Commission (FERC) not to approve the proposed merger of Wisconsin Energy Corp. (WE) and Northern States Power Co. (NSP) to form "Primergy." MGE claims that the merger would not only subject Wisconsin's electric consumers to higher prices, but severely impair competition.

According to Mark Williamson, MGE senior vice president of energy services, the Primergy merger would create market concentration in generation and transmission, resulting in market power abuses and anticompetitive conduct.

Richard D. Spencer, lately of General Electric Corp., has been hired by Equitable Resources, Inc. as v.p. and chief information officer. He was technology programs manager at GE.

Commonwealth Edison Co. has formed a new nuclear division management team. Thomas J. Maiman, senior v.p., is the top executive. He moves from the company's fossil division. Michael J. Wallace, another senior v.p., will market the utility on strategic nuclear business issues.

The Wisconsin Public Service Commission (PSC) has completed its mandated annual review under a price-cap plan elected in 1994 by Wisconsin Bell, Inc., saying the company must reduce rates for intraLATA message telecommunications service (MTS) under the price-cap formula.

Wisconsin Gas Co. has asked the Wisconsin Public Service Commission to approve "GasAdvantage," a pilot that would allow competitors to supply natural gas to 1,000 residential and 1,200 commercial customers starting November 1. Participating customers would have from August 1 to October 15 to choose a specific marketer to serve them for a one-year period. Wisconsin Gas will continue to transport the gas, but customers will be billed by the marketer. Wisconsin Gas proposes to develop standards of business conduct to screen potential marketers.

In an article entitled "Rate Unbundling: Are We There Yet?" (PUBLIC UTILITIES FORTNIGHTLY, Feb. 15, 1996, p. 30), authors Susan Stratton Morse, Meg Meal, and Melissa Lavinson urge regulators to unbundle the cost of capital to recognize that the business risk of electric generation exceeds that of transmission and distribution (T&D).

One popular model in electric utility restructuring assumes a fully competitive merchant segment providing retail energy services. These "retail energy service companies," or RESCOs, would offer services described as heating, cooling, ventilation, lighting, drive power, information, and communications.

Comparing Nonprice Terms in Utility

Filings Against FERC's Pro Forma Tariffs

AS ONE MIGHT EXPECT, THE VARIATIONS REFLECT THE HISTORIC TENSION BETWEEN NATIVE LOAD AND WHOLESALE TRANSACTIONS.