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Perspective

FERC’s Market-Power Test: First, Do No Harm

Why a new market-power screen—accounting for the relationship between customers and suppliers in the wholesale marketplace—is a necessity.

The philosophy of "first, do no harm" has served the medical profession well for more than 2,000 years. Today, it may be equally good advice for FERC as it seeks to create fair and accurate screens to determine who does and does not have market power. One of the two interim screens FERC is using to evaluate applications for market-based rate authority may create a large number of false positives—power suppliers judged to have market power when in reality they do not. To remedy this, FERC should add a new market-power screen based upon an analysis of the actual relationship between customers and suppliers in the wholesale marketplace.
Byline: 

Louis R. Jahn

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Perspective

Renewable Energy in the 21st Century:

Perspective

Renewable Energy in the 21st Century:

State involvement in promoting renewable technologies has profound implications for the future of the energy industry.

Election-year posturing seems to have prevented the federal government from reaching consensus on a number of energy issues ranging from standard market design to global warming, MBTE to Kyoto, ANWR to nuclear waste disposal.

Byline: 

Philip J. Deutch

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The Need for Nuclear Now

States will play a significant role in the resurgence of nuclear power plants in America.

At times, various conditions align and set the stage for achieving goals that may have appeared to be unreachable. Last summer, the Boston Red Sox were all but eliminated from contention, but then won an amazing stretch of baseball games that resulted in a World Series championship.

A similar scenario can be applied to the U.S. nuclear industry-producer of a steady, low-cost, environmentally important electricity source poised to thrive with the possibility of new plant construction in the not-so-distant future.

Byline: 

Joe F. Colvin

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Navigating the Gray Areas

Successful energy market development means understanding new subtleties and nuances.

A recent McKinsey article proclaimed, “More progress has been made improving the governance of U.S. corporations during the past couple of years than in the several decades preceding them." Yet, revelations from the disgraceful behavior associated with Enron and related events continue to surface and confuse the issue of what is needed today to move energy markets forward.
Byline: 

William F. Hederman

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Barriers to Entry: The Fight Against Power- Line Communications

And for a reasonable regulatory policy for new broadband technology.

To achieve the benefits of broadband over power line communications platforms, policy-makers must resolve a number of issues, including: (1) harmful radio interference; (2) access; and (3) cross-subsidies. If their policies impose diseconomies on the operation, design, or financial structure of BPL, widespread deployment of the technology is unlikely.
Byline: 

Charles A. Zielinski

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Regulatory Uncertainty: The Ratemaking Challenge Continues

In a joint survey conducted by Navigant Consulting and Public Utilities Fortnightly, utility executives identify the biggest challenge to their business.

A joint survey of utility executives by Navigant Consulting and Public Utilities Fortnightly identifies the biggest challenge regulators face.
Byline: 

Russell A. Feingold

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Transmission Upgrades: Who Pays?

How to allocate the costs.

An author examines the impact of hypothetical congestion-reduction projects on generators and loads that are part of a vertically integrated utility, and generators independently owned in a deregulated environment.
Byline: 

John Seelke

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State Regulators: Driven By Reliability

Can natural gas supply keep up with demand for power?

Reliability and utility infrastructure development remain regulators’ top concerns. This year’s Regulators Forum spans the different regions of the country to highlight the most pressing issues facing the industry.
Byline: 

Lori A. Burkhart

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Debilitating Doctrine

How the filed-rate policy wreaks havoc — and what courts can do about it.

Like many venerable legal rules, the filed-rate doctrine is rarely questioned. Over the last century, it has served many important purposes. However, with deregulated wholesale electric power markets at the federal level and various degrees of deregulation across the states, both the doctrine's continued applicability and usefulness are suspect.
Byline: 

Jim Rossi

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Perspective: Don't Fence Me Out

Hard-and-fast ring-fencing rules are not the best way to maintain order in the partially deregulated utility sector.

In times of stress due to financial setbacks or pending merger issues, regulatory ring-fencing or internal company structural separation can serve a beneficial purpose. But beware! Predicting the future is an impossible task: Utility regulators should hesitate before putting policies in place today that limit managerial discretion in the future, based upon the belief that they possess that ability.
Byline: 

Steve Fetter

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