Fortnightly Magazine - November 2004

Perspective

How the filed-rate policy wreaks havoc- and what courts can do about it.

Perspective

How the filed-rate policy wreaks havoc- and what courts can do about it.

Like many venerable legal rules, the filed-rate doctrine is rarely questioned. Over the last century, it has served many important purposes. However, with deregulated wholesale electric power markets at the federal level and various degrees of deregulation across the states, both the doctrine's continued applicability and usefulness are suspect.

Byline: 
Jim Rossi
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Commission Watch

FERC Versus Bankruptcy Jurisdiction:

Commission Watch

FERC Versus Bankruptcy Jurisdiction:

Two recent articles in the 1 discussed conflicts that have emerged in the last 18 months over the respective jurisdictions of bankruptcy courts under the Bankruptcy Code2 and the Federal Energy Regulatory Commission (FERC) under the Federal Power Act.3 This occurs when a debtor seeks the bankruptcy court's approval under Section 365(a) of the code4 to reject a wholesale electricity sales contract that is a FERC-jurisdictional rate.

Byline: 
John P. Ratnaswamy
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Business & Money

Merchant plants now draw investors from three different worlds-each with its own agenda.

Business & Money

Merchant plants now draw investors from three different worlds-each with its own agenda.

It's tempting to chalk up the recent bubble in merchant generation to just another industry cycle, but there's more to consider. Investment in the industry was far from even, leaving some regions teeming with unused peaking plants while other regions continue to struggle with a need for capital investment.

Byline: 
Ren Plastina
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Renewable Energy

Mandatory portfolio standards have different implications for different technologies.

Technology Corridor

Renewable Energy:

Mandatory portfolio standards have different implications for different technologies.

The federal government and several state governments are considering programs to increase the share of electricity produced by renewable generation resources to 20 percent or more. If these programs are implemented and pursued successfully, they will trigger a dramatic change in the role of renewable generation and the requirements placed upon it by the market.

Byline: 

Edward A. Reid Jr.

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State Regulators: Driven By Reliability

Can natural gas supply keep up with demand for power?

STATE REGULATORS:

Can natural gas supply keep up with demand for power?

Interviews

Things are looking up for the energy industry, but tough issues remain. Regulators-forced to grapple with the mismatch between volatile natural-gas prices and years of building gas-fired power plants-have learned a thing or two. They now insist on new rate schemes and risk-management methods while promoting the use of liquefied natural gas.

Byline: 
Lori A. Burkhart
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Transmission Upgrades: Who Pays?

Transmission Upgrades:

Transmission Upgrades:

How to allocate the costs.

Efforts to establish and quantify congestion-reduction and loss-reduction projects are progressing in electric markets with locational marginal price (LMP) regimes. The Path 15 upgrade approval by the California ISO two years ago was largely based upon its economic benefits. A draft report from the Electric Reliability Council of Texas (ERCOT), , states that ERCOT will consider transmission projects that are "economically justified by the reduction of congestion and losses."1

Byline: 
John Seelke
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Return on Equity: A Survey of Recent Rate Cases From State PUCs

Ratemaking Special Report

(November 2004) Fixing an appropriate rate of return on equity (ROE) for electric utility investors marks a fundamental component of the typical cost-of-service rate case conducted across the nation by state public utility commissions (PUCs). The following survey demonstrates the results of such cases, as observed over the past year.

Byline: 

Phillip S. Cross

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Regulatory Uncertainty: The Ratemaking Challenge Continues

Ratemaking Special Report

Ratemaking Special Report

Regulatory Uncertainty:

In a joint survey conducted by Navigant Consulting and , utility executives identify the biggest challenge to their business.

No matter what position you subscribe to when characterizing the degree of competition in today's energy industry, it is clear that regulation continues to serve as a major influence on the business strategies and operations of the gas and electric distribution utilities in North America.

Byline: 
November 2004
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Frontlines

Moscow's ratification of the Kyoto protocol could pose problems for the United States.

Frontlines

Moscow's ratification of the Kyoto protocol could pose problems for the United States.

It could mark the biggest bungle of the last two administrations-the decision to walk away from the Kyoto Protocol rather than stay and negotiate to U.S. advantage. No one thought Russia would sign and put the treaty in force. But now that Russia's ratification appears imminent, policy wonks in America are scrambling to assess the impact.

Byline: 
Richard Stavros
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