The Ohio Public Utilities Commission (PUC) has issued a proposed framework for competition in the local exchange telephone market. In a separate opinion, PUC chairman Craig A. Glazer noted that new market entrants in the state appear to be dominated by Time Warner.

An Illinois Appellate Court has reversed a ruling by the Illinois Commerce Commission (ICC) that had allowed Commonwealth Edison Co. to enter negotiated rate contracts with up to 25 large general-service customers to retain existing load. The ICC had ruled that the antibypass tariff would not conflict with state laws requiring filing and publication of utility rates, because it must contain a description of the pricing and service parameters used in negotiating the individual contracts.

The Virginia Supreme Court has upheld the state's decision to implement a price-cap

alternative regulation plan for Bell Atlantic-Virginia, Inc., a telecommunications local exchange carrier (LEC). Rejecting an appeal brought by the American Association of Retired Persons and other consumer groups, the court concluded that the Virginia State Corporation Commission had adequate support for its decision to replace existing ratemaking methods.

The New York Court of Appeals, affirming a lower court ruling (Rochester Telephone Corp. et al. v. New York Public Service Commission, 201 A.D.2d 31, 155 PUR4th 511 (N.Y.App.Div.)), has upheld the authority of state regulators to use a "royalty" to reduce rates for services provided by local exchange carriers (LECs). The royalty was designed by the New York Public Service Commission (PSC) to compensate ratepayers for transfers of

intangible assets to unregulated subsidiaries.

Diverging from the position taken by regulators in other states in the region, the Idaho Public Utilities Commission (PUC) has rejected proposals by U S WEST Communications, Inc., a

telephone local exchange carrier, to sell certain local

exchanges to independent telephone companies. It approved, however, a proposal to sell one of U S WEST's exchanges to a telephone cooperative association. Re U S WEST Communications Inc., Case Nos. PRJ-T-94-1; USW-S-94-4, Order No. 26198, Oct. 18, 1995 (Idaho P.U.C.).

Investigations of changes in the structure of the electric utility industry are growing at the state level.

In a little over a year, the electric utility industry has seen six significant mergers.1 This trend toward consolidation most likely will increase as the industry becomes more competitive.

When Niagara Mohawk Power Corp. announced its competitive restructuring plan on October 6, 1995, it broke ranks with what had been a curiously united front against competition. The opposition had learned to genuflect before the altar of competition, but then fight doggedly to keep markets closed. This united front had implied that competition would produce largely the same impact on all utilities, but that is not true. Competition offers lucrative long-term opportunities for some utilities and potential disaster for others.

The beleaguered Public Utilities Regulatory Policies Act of 1978 (PURPA) has a new assailant (em U.S. Rep. Cliff Stearns (R-FL). Stearns's bipartisan legislation, H.R. 2562, the "Ratepayer Protection Act," proposes repeal of section 210 of PURPA, which requires electric utilities to purchase power at avoided costs.