Fortnightly Magazine - September 15 1995

Local Telco Regulation too Broad, Court Says

The Michigan Court of Appeals has directed the Michigan Public Service Commission (PSC) to expand its deregulation of telecommunications markets in compliance with a 1991 state law revamping telecommunications. It said that the PSC had defined too broadly which types of services should remain regulated under the 1991 law, the Michigan Telecommunications Act (MTAct).

RTGs Make Progress

The Southwest Regional Transmission Association (SWRTA) has filed amended bylaws with the Federal Energy Regulatory Commission (FERC), incorporating two FERC conditions: 1) comparable transmission service, and 2) a single regional transmission plan. To achieve comparability, each transmitting member subject to FERC jurisdiction under sections 205 and 206 of the Federal Power Act will file comparable transmission service tariffs with the FERC.

Power Marketers Get Relaxed Reporting Requirements

The Federal Energy Regulatory Commission (FERC) has freed power marketers from reporting business and financial arrangements involving those who buy, sell, and transmit power (Docket Nos. ER94-1384-001, et al.).A November 8, 1994, order had required power marketers, as a condition of market-based rate approval, to report business and financial arrangements involving the marketer (or an affiliate of the marketer) and the entities that buy power from, sell power to, or transmit power on behalf of the marketer (69 FERC at 61,694).

Transwestern Settlement Shares Risk

The Federal Energy Regulatory Commission (FERC) has approved a settlement involving Transwestern Pipeline Co. (TP) that puts both the pipeline and its customers at risk for relinquished pipeline capacity, and ties future rate increase to inflation. The settlement puts TP and its customers at risk for the 457 million cubic feet per day (Mmcf/day) of capacity that Southern California Gas Co. (SCG) will give up starting November 1, 1996. Firm customers will provide a short-term subsidy through a cost-sharing formula for the first five years.

Open-Access Environmental Efforts Combine

A number of major environmental groups, including the Natural Resources Defense Council, have filed a joint comment with three utilities (em Public Service Electric and Gas Co., Atlantic Electric Co., and The United Illuminating Co. (em concerning the FERC's environmental impact statement (EIS) in its open-access electric transmission Notice of Proposed Rulemaking (NOPR).

Indiana Rules Coal Law Unconstitutional

Mirroring an earlier opinion by a federal district court, the Indiana Court of Appeals has struck down a state law that allowed regulators to offer special rate treatment and construction project preapproval to utilities that develop clean air compliance plans that would maximize the use of high-sulfur coal mined in the state. The court remanded the case to the Indiana Utility Regulatory Commission and agreed with a prior finding by the U.S. District Court (S.D.

PUC Again Refuses to Arbitrate Labor Dispute

The California Public Utilities Commission (CPUC) has once again turned back an attempt by the Communications Workers of America to invoke state utility regulation to solve labor complaints against Pacific Bell.The union had complained that PacBell's use of lower-paid technicians to perform duties allegedly reserved for higher-paid contract classifications violated the state's public utility code.

Gas LDC Loses Pipeline Bid

The North Carolina Utilities Commission (UC)has granted authority to Frontier Utilities of North Carolina, Inc., to construct and operate a new natural gas pipeline and distribution system to provide service to four counties in the state.

V