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Fortnightly Magazine - April 1 1995


Bruce W. Radford

As a student of utility regulation, you will of course know the difference between the Ninth and the Tenth Amendments. If not, let's reiterate.

The Ninth permits everything that is not prohibited. The Tenth prohibits everything not otherwise permitted. The one governs the People; the other governs the Government. That's all there is. Now imagine standing on both feet behind a podium, in front of a luncheon crowd of about 100 think-tank types, and holding an audience spellbound for over an hour as you expound upon this noble topic.

Financial News

W. Lynn Garner

There is a price to pay for becoming a lean, mean fighting machine, and utilities paid the price in 1994.

A number of electric utilities saw revenues increase last year on the strength of higher sales, but the costs associated with laying off hundreds of employees and downsizing company operations took a significant bite out of earnings.

A PUBLIC UTILITIES FORTNIGHTLY survey of the nation's top 20 electric utilities shows an increase in their combined 1994 revenues to $107 billion, a healthy 3.6-percent rise over the previous year.


The Southern Company named A.W. (Bill) Dahlberg chairman and CEO in addition to his current duties as president. He succeeds Edward L. Addison, 65, who is retiring after 12 years as CEO and more than 40 years with the company. Dahlberg, 54, served as president since January 1, 1994. He began his career with The Southern Company at age 19 when he joined Georgia Power, a subsidiary, as a meter installer.

Ralph Johnson was named v.p., power resources, for the Texas-New Mexico Power Co.

Gas Customers Pay the Price

Phillip S. Cross

Who will pay the costs incurred by regulated utility companies as they shift to competitive markets under plans engineered at the federal and state levels? This question is part of the debate over electric industry restructuring, but any payments lie in the future. For ratepayers in the gas market, however, the time has come. So far, state regulators have interpreted the law as prohibiting any sharing of gas market "transition" costs between shareholders and ratepayers.


In his article "Making Hydro Sustainable" (Jan. 1, 1995), Thomas Russo forgets an important consideration in any large-scale engineering project: the social impact. The construction and commissioning of large-scale hydroelectric generating facilities have always required large capital investments and produced widespread impacts on the ecosystem. These impacts have generally been fairly obvious and carefully examined.

N.C. Requires Telecom Certification for Electric Utilities

Phillip S. Cross

The North Carolina Utilities Commission (NCUC) has ruled that electric utilities who plan to market excess capacity via their own fiber-optic telecommunications facilities must either obtain certification as an interexchange telecommunications carrier or form a separate subsidiary that obtains such certification. The NCUC noted that interexchange certification was sufficient because competitive local exchange service was not currently authorized in the state.


An article by Renz Jennings et al. (Jan. 15, 1995), "DSM Programs Must Target Consumers, Not Just Technology," unintentionally implies that information from the national Database on Energy Efficiency Programs (DEEP) project "is not always available to the program analysts involved in designing, implementing, and evaluating programs conducted by their own organization." Nothing could be further from the truth.

Michigan Defers Approval of Antibypass Contract

Phillip S. Cross

The Michigan Public Service Commission (PSC) has rejected a request for expedited approval of a special contract between Consumers Power Co. and a natural gas transportation customer, the James River Corp. Consumers Power negotiated the contract when it learned that James River could bypass the local gas distribution system through a direct connection with a nearby pipeline operated by Panhandle Eastern Pipe Line Corp. The utility claimed that James River could rescind the contract and arrange for bypass service if approval was not obtained by February 3, 1995.

Electricity Futures Go West

W. Lynn Garner

The New York Mercantile Exchange (NYMEX) has decided to seek approval of two electricity futures contracts in the West. One will be based on delivery at the California/

Oregon border; the other on delivery at the Palo Verde generating plant in Arizona. NYMEX hopes to have the contracts in place by the fourth quarter of this year.


Florida Expands Telephone Access

Phillip S. Cross

The Florida Public Service Commission (PSC) has decided to expand interconnection for telecommunications switched-access service by requiring local exchange carriers (LECs) to offer virtual collocation services upon request. The PSC approved pricing flexibility in the form of zone density pricing for the new collocation tariffs.