Local Telco Regulation too Broad, Court Says

The Michigan Court of Appeals has directed the Michigan Public Service Commission (PSC) to expand its deregulation of telecommunications markets in compliance with a 1991 state law revamping telecommunications. It said that the PSC had defined too broadly which types of services should remain regulated under the 1991 law, the Michigan Telecommunications Act (MTAct).

Indiana Rules Coal Law Unconstitutional

Mirroring an earlier opinion by a federal district court, the Indiana Court of Appeals has struck down a state law that allowed regulators to offer special rate treatment and construction project preapproval to utilities that develop clean air compliance plans that would maximize the use of high-sulfur coal mined in the state. The court remanded the case to the Indiana Utility Regulatory Commission and agreed with a prior finding by the U.S. District Court (S.D.

Open-Access Environmental Efforts Combine

A number of major environmental groups, including the Natural Resources Defense Council, have filed a joint comment with three utilities (em Public Service Electric and Gas Co., Atlantic Electric Co., and The United Illuminating Co. (em concerning the FERC's environmental impact statement (EIS) in its open-access electric transmission Notice of Proposed Rulemaking (NOPR).

Transwestern Settlement Shares Risk

The Federal Energy Regulatory Commission (FERC) has approved a settlement involving Transwestern Pipeline Co. (TP) that puts both the pipeline and its customers at risk for relinquished pipeline capacity, and ties future rate increase to inflation. The settlement puts TP and its customers at risk for the 457 million cubic feet per day (Mmcf/day) of capacity that Southern California Gas Co. (SCG) will give up starting November 1, 1996. Firm customers will provide a short-term subsidy through a cost-sharing formula for the first five years.

Power Marketers Get Relaxed Reporting Requirements

The Federal Energy Regulatory Commission (FERC) has freed power marketers from reporting business and financial arrangements involving those who buy, sell, and transmit power (Docket Nos. ER94-1384-001, et al.).A November 8, 1994, order had required power marketers, as a condition of market-based rate approval, to report business and financial arrangements involving the marketer (or an affiliate of the marketer) and the entities that buy power from, sell power to, or transmit power on behalf of the marketer (69 FERC at 61,694).

RTGs Make Progress

The Southwest Regional Transmission Association (SWRTA) has filed amended bylaws with the Federal Energy Regulatory Commission (FERC), incorporating two FERC conditions: 1) comparable transmission service, and 2) a single regional transmission plan. To achieve comparability, each transmitting member subject to FERC jurisdiction under sections 205 and 206 of the Federal Power Act will file comparable transmission service tariffs with the FERC.

FERC Creates Companion to NOPR

The Federal Energy Regulatory Commission (FERC) has issued a companion order to its open-access Notice of Proposed Rulemaking (Docket No. ER93-540-003). The new order offers guidelines for presiding judges and participants in pending open-access cases that concern public utilities' offers of nondiscriminatory services.

FERC Flipflops on Great Lakes Case

Does it make good business sense to offer a service that brings in considerable revenue but virtually no profit?

In the past, special circumstances explained why local distribution companies (LDCs) sold natural gas to customers without earning a profit. But circumstances have changed.