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Energy Policy & Legislation

Facing the Death Penalty

Did FERC's market power ruling go too far?

Market-based sales put at risk are the financial lifeblood of some utilities, especially those of the multi-billion-dollar, vertically integrated variety. Those that fail FERC's market-power test will be forced to sell their excess generation at cost-based rates — a "death penalty," according to some utility CEOs.
Byline: 

Richard Stavros

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ROE: The Gorilla Is Still at the Door

Incentive regulation is not a cure-all for the continuing controversy over return on equity.

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.
Byline: 

Jonathan A. Lesser

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Commission Watch: The Tyranny of FERC

The commission's power grab over bankruptcy courts condemns merchants to a corporate netherworld.

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.
Byline: 

Kenneth Irvin and Robert Loeffler

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In His Own Words

A face-to-face interview with FERC Chairman Pat Wood III.

In an exclusive interview, Executive Editor Richard Stavros, talks to FERC Chairman Pat Wood III about what the commission has in store for the electric utilities industry in 2004 and beyond.
Byline: 

Richard Stavros

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Frontlines: Sticker Shock

Electricity rates may be heading skyward sooner than we think.

Even in regulated states, balancing shareholder interest against ratepayer interest is still more art than science. A fact that utilities will always dread, as long as there are rate cases.
Byline: 

Richard Stavros

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Letters to the Editor

Virginia SCC

The Virginia SCC clarifies factual inaccuracies in January 2004’s columns "Frontlines" and "Commission Watch: Grid Battle Is Joined."
Byline: 

William H. Chambliss

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FERC Throws Down The Gauntlet

The legal battle of the century is ready to begin.

A FERC order late last year — that AEP must join the PJM grid to meet conditions of its 2000 merger with Central and Southwest Corp. — was tantamount to a declaration of war with state regulators. At the center of the issue is whether FERC has authority to pre-empt the states on development of regional transmission organizations.
Byline: 

Richard Stavros

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