A proposal for utility regulatory and industry reform.
With America’s balkanized and under-staffed regulatory construct, utility companies are left struggling to achieve true scale economies or make real progress toward achieving national energy goals. This retired IOU executive says it’s time to redesign—and strengthen—the regulatory framework.
Northeast Utilities buys NStar in $4.3 billion stock deal; Toyota Tsusho buys into Oyster Creek Cogeneration; ITOCHU buys into wind farm; Atlantic Power buys wood-fired plant from ArcLight; plus equity and bond deals totaling nearly $3 billion.
Do regulatory and economic trends favor industry mergers?
Now that some new major transactions have emerged, and financial recovery appears slowly moving forward, utility mergers are beginning to appear likely again. Although regulatory hurdles still impede new transactions, some changes at the federal level are reducing concerns about market power and competition. Plus, changing market conditions and new compliance requirements are strengthening the case for scale economics.
Will shifting winds bring consolidation?
A spate of newly announced deals, including Allegheny Energy’s proposed $9.27 billion acquisition of FirstEnergy, plus PPL’s takeover of E.ON US for $6.73 billion, has left the utility industry cautiously optimistic for a revival of M&A activity.
When Spanish utility giant Iberdrola announced last June that it would acquire Maine-based Energy East for $4.5 billion, it signaled a potential surge in major foreign owners buying into U.S. utility companies. Fortnightly spoke with Pedro Azagra, director of corporate development for Iberdrola S.A. in Bilbao, Spain, to get an update on the acquisition, and his impression of U.S. merger-approval processes.
Volatile markets are causing delays, but most deals are moving forward.
Although problems in the power business grabbed the headlines early this decade, the industry now seems fundamentally strong. In contrast to their ratings of banks, rating agencies appear to have recently upgraded more of the electric sector than they have downgraded. It remains a strong investment grade, usually BB or BBB. For an index of 68 electric utilities, the debt-to-equity ratio averaged only 55:45 and return on equity exceeded over 13 percent through January.
A look at due diligence for energy transactions, and at what’s driving them.
By the end of last year, much was being made of the failed attempts at multibillion-dollar mergers by FPL with Constellation, Exelon with PSEG, and Southern Co. with Progress Energy. In spite of the repeal of the Public Utility Holding Company Act, these mega-mergers still required regulatory approvals from multiple state and federal agencies, and their high profiles attracted attention and resistance from a vast array of special interests.
Consultant Roger Gale concludes that the TXU leveraged buyout does not provide inherent or long-term advantages to the customer.
Just when everyone thought the dust had cleared on the highly contentious leveraged buyout of TXU by Kohlberg Kravis Roberts and Co. (KKR), new challenges have sprung up from the most unexpected place.
What we can learn from retail-rate increases in restructured and non-restructured states.
Significant rate increases in many retail-access states have regulators and policy-makers asking whether customer choice and utility restructuring have failed, and what they can do about these rate increases.
EPACT and the repeal of PUHCA have not affected the pace of utility acquisitions.
Why do we still have several hundred shareholder-owned electric utilities in the United States, not to mention several thousand municipal and cooperative ones?