In Brief...

Fortnightly Magazine - September 1 1997
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Sound bites from state and federal regulators.

Refusal to Wheel. Federal judge allows rural electric co-op to proceed with antitrust suit against PacifiCorp, ruling that doctrine of state action immunity does not insulate a regulated investor-owned electric utility from antitrust action for allegedly refusing to sell to sell power to others for resale to customers, or for allegedly refusing to wheel power generated by other suppliers. This ruling comes despite state laws regulating electric utilities that prohibited competition for new customers, where law established no agency review, but relied on the courts to hear individual complaints. Snake River Valley Elec. Assoc. v. PacifiCorp, - F.Supp - , No. CV 96-038-E-BLW, April 25, 1997 (D.Idaho).

Gas Storage Service. New York allows Rochester Gas and Electric Corp. to implement a new gas storage service for marketers serving groups of firm and large-volume transportation customers that currently use on-system balancing service. Each customer must install automated meter-reading equipment to use the service. Case No. 93-G-0932, May 28, 1997 (N.Y.P.S.C.).

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