Commission Watch

We propose a market-access plan (MAP) that does not advocate sweeping changes. It instead builds on existing VIU frameworks with structural improvements that are technically feasible, cost-effective, and politically practicable. The result assimilates the best of the VIU and merchant models; benefits the industry investment climate; increases the level of low-cost, efficient, and environmentally friendly power supplies; and promises to save customers millions of dollars.

Incentive regulation can provide benefits both to utility shareholders and customers by encouraging greater efficiency. But even if incentive regulation supplants traditional COS regulation, regulators and utilities still will need to confront the same basic ROE questions that have vexed both for many years. Because the base ROE under incentive regulation will be an integral part of the incentive structure itself, it ought not to be done as an afterthought. The approach described here is one way to address this important issue.

A new district court decision out of Texas tilts the field in favor of FERC's assertion of exclusive authority over who decides whether a debtor can terminate unprofitable power contracts. For merchant energy companies struggling with dwindling capital and mounting credit risks, this change could mean bankruptcy is no longer a viable option for reorganizing.

Forced consolidation of RTOs would set transmission owners free to go after profits.

A letter to Michael J. Manning at Fulbright & Jaworski, L.L.P. from FERC General Counsel Kevin P. Madden.