Fortnightly Magazine - July 15 1997

South Dakota Supreme Court has ruled that state regulators erred in authorizing an electric utility to serve an established industrial customer of an electric cooperative.

The commission had found that the Northwestern Public Service Co. could replace Northern Electric Cooperative as the electric supplier for Hub City Inc. Hub had purchased an industrial property containing manufacturing facilities served by the utility and a plant addition served by the co-op.

The U.S. Court of Appeals for the Third Circuit has ruled that federal antitrust laws provide no remedy for complaints by a qualifying cogeneration facility that an electric utility was impermissibly curtailing purchases under its power purchase contract with the QF.

It said that Pennsylvania's recently enacted electric restructuring law "comes too late" to make the QF's complaint a valid one.

Schuylkill Energy Resources Inc., owner and operator of an anthracite coal refuse-fired QF in Shenandoah, Pa., had filed an antitrust claim against Pennsylvania Power and Light Co.

Minnesota has lots of drafts, but no final plan.

So you think your state has been busy? In Minnesota, the 1997 legislative session saw more than a dozen new bills introduced on electric, gas and energy issues.

At the start of the session many expected that electric deregulation would play a major part in the legislative program. However, Gov. Carlson reports now that legislators will defer work on the issue until the 1998 session. Several electric industry deregulation bills were introduced at the end of the session, but when last we checked no hearings had been held.

Eastern Edison Co. and Montaup Electric Co., both subsidiaries of Eastern Utilities Associates, have each filed an agreement with the Massachusetts Department of Public Utilities to introduce electric industry competition.

The target date for introduction of competition is Jan. 1, 1998, when Eastern Edison customers would experience a 10-percent rate cut or could choose an alternate electric supplier. Retail rates would be frozen until Dec. 31, 2000. But customers staying with the utility would be offered a price starting at 2.8 cents per kilowatt-hour.