Utilities that participate in a merger are just a likely to find revenues shrinking as growing, according to a recent study of completed and pending M&A activity among U.S. utility and energy companies.
The study, "Energy Utility Perspectives (em Creating Value Through Mergers and Acquisitions," conducted by Mercer Management Consulting, examines 43 completed and 53 pending U.S. utility deals conducted between 1985 and 1995.
A study procured by the INGAA Foundation (Interstate Natural Gas Association of America) finds a resurgence in use of liquefied natural gas (LNG) as a peak-shaving alternative for local distribution companies (LDCs).
The study, "The Use of Liquefied Natural Gas For Peaking Service," conducted by Stone & Webster Management Consultants, Inc., attributed a rise in the use of LNG plants for peak shaving to a deregulated environment (FERC Order 636, plus use of the "straight fixed-variable" rate design for gas pipeline capacity), which forces LDCs to assess their true capacity needs.
Prometheus paid dearly when he stole fire from the gods and gave it to man, but his courage paid off. Fire now belongs to the people. So should electricity, says New York state Judge Joseph Harris, of Albany, who ruled last fall that state regulators could force open New York's electric industry, but warned against hidden favoritism:
"Prometheus," wrote Harris, "in breaking the monopoly of the gods and by giving electrical energy to mankind ... [should] not be demeaned by a mere transfer of that monopoly to the lords of industry.
A Georgia-based consumer advocacy group, the Campaign for a Prosperous Georgia (CPG), has asked the Securities and Exchange Commission to halt a move by The Southern Company to use up to 100 percent of its retained earnings for a $2.75 billion acquisition of 80 percent of the Asian utility company, Consolidated Electric Power of Asia.
Among other claims, CPG wants the SEC to reconsider an April 1996 decision that granted an exemption to The Southern Company from the provisions of the Public Utility Holding Company Act (PUHCA).
Worries in Congress.
Jay P. Lukens, formerly a principal at Energy Market Economics, Inc., was hired by The Economic Resource Group, Inc., as managing director and principal of the company's new Houston office.
Edison Source tapped Aram G. Sogomonian, a former executive at Enron Capital and Trade Resources as its new corporate risk management v.p. Sogomonian was Enron's director of risk analytics and asset price, and also has worked at Unocal.
Larry Grossman, a senior v.p. at Cassidy & Associates, was retained by the Council on Superconductivity for American Competitiveness as executive director.
A group of 40 state agencies has joined with 33 utilities and the Nuclear Waste Strategy Coalition (NWSC) to file a lawsuit in federal district court after the Department of Energy (DOE) reported that it would not comply with a federal court mandate to accept high-level radioactive waste for permanent storage as of January 31, 1998, and begin removing such waste from temporary storage at some 73 power plants in 34 states.
The D.C. Circuit had ruled against the DOE last summer. (See, Indiana-Michigan Power Co. v.
Sears, Roebuck and Co. selected Enova Energy as a partner in a "regional energy alliance." Enova Energy, an Enova Corp. subsidiary, will design and install a technical learning center at Sears' Tucson, AZ department store. The company also will provide energy services at other Sears stores in several western states. The learning center will be one of a nationwide system of energy-efficient stores used as models and for the testing and training of facility operations equipment. All of the store's services will be aimed at improving energy efficiency and reducing costs.
Sound bites from state and federal regulators.
Natural Gas Briefs
Gas Marketing Affiliates. Indiana finds no jurisdiction to regulate Proliance Energy, LLC, a brokering and energy services affiliate of Indiana Gas Co., Inc. and Citizens Gas and Coke Utility, but says it will regulate the utilities in their transactions with Proliance. Case No. 40437, Sept. 27, 1996 (Ind.U.R.C.).
Gas Regulatory Reform. Ohio proposes alternative regulatory procedures for natural gas local distribution companies. Case No. 96-700-GA-ORD, Sept. 26, 1996 (Ohio P.U.C.).
Employee Incentives.
The Board of Trustees of the Western Systems Coordinating Council (WSCC) has endorsed a new reliability compact that would require mandatory compliance and enforcement of established electric system reliability protocols in the Western U.S.
WSCC said it is taking a leadership role in overhauling the existing "voluntary" reliability management process and replacing it with a new framework to strengthen the roles, responsibilities, and authorities of WSCC and the North American Electric Reliability Council (NERC).
A federal court blocks FCC's "TELRIC" cost rule, but some states endorse it anyway.
With the Federal Communications Commission (FCC) having lost a major court battle last fall, the state public utility commission (PUCs) have taken the lead in the deregulation of local telephone service promised a year ago when President Bill Clinton signed the Telecommunications Act of 1996 (the "Act").
Some states have opened generic investigations; others have chosen to proceed case-by-case in individual arbitration proceedings.