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Fortnightly Magazine - July 1 1996

Off Peak

A few utility executives claim to sleep untroubled by the future of their companies. Most, however, admit to some tossing and turning engendered by concern over competition and the complacency of coworkers.

What, if anything, are they doing about it?

A survey of 117 PUBLIC UTILITIES FORTNIGHTLY subscribers reveals that American utility executives are asking themselves all the tough questions about the future of their operations. It also reveals a widespread sense of urgency in the search for answers.

Byline: 
Geoffrey M. Edelman, and C. Richard Gwinn
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R&D for a Competitive Power Industry

R & D for

a Competitive Power Industry

The secret lies in gaining exclusive-use rights to protect your product or process from your competitors.

The electric utility industry is inherently a high-technology business. Those who ignore this fact for long will fall behind (em not only in using the technology, but also in contending against their higher-tech competitors.

Byline: 
R.L. Hirsch, S.O. Dean, and R.H. Bezdek
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FERC to Standardize Gas Practices

The Federal Energy Regulatory Commission (FERC) has issued a proposed rule to standardize the business practices of open-access

natural gas pipelines (Docket No. RM96-1-000). The rule would adopt the 140 standards recently filed by the Gas Industry Standards Board (GISB).

The proposal calls for a standard Internet connection between pipelines and customers, to eliminate the disparity in procedures and interfaces that have caused confusion to date.

Byline: 
Lori A. Burkhart
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Who's Covered, Who Isn't

The term "parachute payment" includes "any payment in the nature of compensation to . . . a disqualified individual . . .

For purposes of this section, an individual is a disqualified individual . . . if . . . the individual is an employee or independent contractor of the corporation and is

a) A shareholder [More than $1 million or one percent of fair market value]

b) An officer, or

c) A highly compensated individual

. . . .

The term 'officer' implies continuity of service. ...

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Tax Corner

Many executives of publicly held utility corporations have written severance agreements to protect them in the event of a change in control. However, these severance packages remain vulnerable to attack by acquirers.

Two separate threats are emerging. One involves a direct attack on drafting flaws in the plan documents. The other, more subtle, threat lies in the impact and interpretation of the special "Golden Parachute" rules under the Internal Revenue Code. This second threat warrants attention.

Byline: 
Arthur I. Anderson, and Stephen C. Ploszaj
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