Fortnightly Magazine - April 2007

Penalty Shot

An interpretation of FERC’s first application of EPACT.

At its open meeting on Jan. 18, 2007, FERC unanimously approved settlements with five electric utilities for a total of $22.5 million and other considerations. This action answers some important questions that energy market participants have been asking. In particular, it helps market participants connect some important dots regarding the regulatory landscape in which they must operate, but it also raises important questions that market participants would like answered.

Strong CROs: More Important Than Ever

How important is the risk function at your company?

Wither the chief risk officer (CRO)? Some utilities have moved risk staff under the CFO or controller, while other utilities have pushed CROs down the management hierarchy. But risk remains, and a rudimentary risk function will not do.

Basic Instinct

If private equity makes a killing, Congress should require full disclosure.

There’s just no stopping it. The capital amassed by private takeover firms is simply overwhelming. Any reasonable person could conclude that public utilities face wholesale changes in terms of corporate ownership. Investor-owed? You bet. But the “public” part may well give way to “private.”

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