Law & Lawyers

Order 888, Between the Lines

It's as significant for what it does not do as for what it does.

Order 888 marks a significant, yet limited, step in deregulating the U.S. electricity supply industry. Most important, for utility shareholders, the Federal Energy Regulatory Commission (FERC) has now apparently established a right to recover costs prudently incurred under the old regulatory compact (if not contract) that may become stranded by the Order. But (em and this is an important but (em the FERC is not going to hand out the money easily.

Perspective

A struggle is underway for ownership of the utility business. Not a fight between companies, but a struggle within each company for the future of the utility.

The battle pits two groups against each other. One side consists of the operational professionals, such as the engineers who build and maintain the power grid. The other side includes an emerging group of marketing and communications professionals.

In the past, the engineers "owned" the company.

Jury Awards EMF Damages Discrimination

For the first time, monies have been awarded in an electromagnetic field (EMF) suit. Although it decided that a high-power underground electric transmission line did not cause cancer in Atlantic Electric Co. (AE) customer John Altoonian, a six-person jury has ordered the utility to pay him about $760,000 in damages for lost wages and emotional distress. The first jury was hopelessly deadlocked; the current alternate panel found AE unintentionally negligent. AE calls the award "confusing" and plans to appeal. (em LB

Joseph F. Schuler, Jr.

Moody's: NiMo Bankruptcy Possible

Moody's Investors Service downgraded the long-term credit ratings of Niagara Mohawk Power Corp. (NiMo) on April 25, citing the utility's "limited progress" in achieving the goals set forth in its "PowerChoice" proposal, among other concerns.

Study Calls Muni Trend "Traditional"

Coopers & Lybrand has released its 1996 Electric Municipalization Review, which examines the two municipalizations completed since the Energy Policy Act of 1992: Broken Bow, OK, and Bozrah, CT.

Broken Bow, which began operating in 1995, serves the new six-megawatt (Mw) load of one industrial customer and owns no electric facilities; Public Service Co. of Oklahoma serves town residents. The Town of Bozrah had been served by a privately held corporation, Bozrah Light & Power (BL&P), whose owner was retiring and wanted to sell.

Competing Bids Filed for Cajun

Ralph Mabey, trustee for Cajun Electric Power Co-op. in its bankruptcy proceeding, has filed a reorganization plan at the Federal District Court in Baton Rouge, LA. Mabey chose a bid from NRG Energy, Inc. and Zeigler Coal Holding Co.: about $1.1 billion in cash to purchase most of Cajun's nonnuclear assets. However, that offer faces a competing bid filed by the Cajun Electric Members Committee, Southwestern Electric Power Co. (SEP), and Gulf States Utilities.

Joules

Three separate utilities have formed subsidiaries:

s The Columbia Gas System, Inc.'s new unit, Columbia Service Partners, Inc. will market new, nongas needs to homeowners and businesses, including warranty, fuel management, and gas-line repair services.

s Brooklyn Union's new gas marketing affiliate, KeySpan Energy Services, Inc., will buy and sell gas and provide transportation and related services, first to commercial and industrial customers, then to aggregated commercial and residential customers.

Prudential Predicts Revenue Losses for All Utilities

In a recent report, A Free Market for Power Would Mean Revenue Losses for All Utilities (em But Some Would Suffer More Than Others, Prudential Securities simulated a competitive electricity market (em assuming that all industrial and commercial customers would be able to choose their electric supplier by 1998 (em to find out how a completely free market for power would affect utility revenues, earnings, and dividends.

The competitive risk study statistically measured marginal costs, then created a simulated spot-market electricity price for each of the 11 geographical reg

Primergy Merger Raises Claims of Market Power

Madison Gas and Electric Co. (MGE) has asked the Federal Energy Regulatory Commission (FERC) not to approve the proposed merger of Wisconsin Energy Corp. (WE) and Northern States Power Co. (NSP) to form "Primergy." MGE claims that the merger would not only subject Wisconsin's electric consumers to higher prices, but severely impair competition.

According to Mark Williamson, MGE senior vice president of energy services, the Primergy merger would create market concentration in generation and transmission, resulting in market power abuses and anticompetitive conduct.

Foreign Waste Generates Heat

The Nuclear Waste Strategy Coalition (em a group of 36 state regulatory agencies, Attorneys General, and utilities from 20 states (em has renewed calls for storage and disposal facilities since the U.S. Department of Energy (DOE) accepted 20 metric tons of radioactive waste from 41 countries. The waste derives from nuclear fuel originally provided by the United States to foreign power plants. The bulk, 19 tons, goes to the Savannah River Site in South Carolina; the Idaho National Engineering Laboratory receives the remainder. U.S. taxpayers pick up the tab: about $1 billion.