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Law & Lawyers

New York Court Rejects EMF Claims

A New York appellate court has rejected claims by sellers of a residential property located near a high-voltage transmission line in Westchester county that the utility owner of the line should pay compensation for a drop in property value allegedly due to public fears about electromagnetic fields.

The case turned on the court's interpretation of constitutional "taking" rules and the legal doctrine of "inverse condemnation.

"Invasion" Claimed. The sellers had sued Consolidated Edison Co.

Byline: 
Phillip S. Cross
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Pennsylvania Finalizes Regs for Small Water Utilities

With doubts resolved over its legal authority, the Pennsylvania Public Utility Commission has issued "final-form" rules (but subject to legislative review) that allow an "operating-ratio" method as an alternate form of rate regulation for small water and wastewater utilities, many of which now face severe financial difficulties.

For added financial aid, the new rules also allow water utilities to create an emergency maintenance and operation fund as well as a reserve account, with both funded as "customer contributions in aid of construction."

Revenues Eaten Up.

Byline: 
Phillip S. Cross
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In Brief...

Sound bites from state and federal regulators.

Residential Weatherization. Idaho allows Utah Power & Light Co. to discontinue its demand-side management program for residential weatherization, calling it "apparently no longer of much value." to customers. Case No. UPL-E-96-6, Order No. 26747, Dec. 31, 1996 (Idaho P.U.C.).

Real-time Pricing. Montana Power Co.

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Performance-Based Plan Withdrawn

Northern Illinois Gas "reluctantly" has

withdrawn its performance-based rate proposal from the Illinois commission. Under the proposal, NIG would have compared its total annual gas supply costs against a market-based benchmark, and the difference would have been shared between NIG and its customers. Presently, natural gas supply costs are recovered directly from customers without mark-up.

NIG had filed its proposal in response to an amendment to the Illinois Public Utilities Act authorizing the commission to approve performance-based rates on an experimental basis.

Byline: 
Lori A. Burkhart
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Trends

Competitive Power Markets

Put Capacity at Risk

Generation markets in the U.S. are about to go through a period of radical transformation as full competition is introduced to the industry. One of the largest impacts of this transformation will be the creation of a more efficient generation industry. According to a new study by Resource Data International, the drive towards increased efficiency will result in the premature shutdown of some high-cost, inefficient power plants.

Our analysis starts by analyzing the costs of every utility owned power plant in the country.

Byline: 
Kent Knutson and Chris Seiple
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Perspective

My business, the natural gas industry, stands at a crossroads. Unbundling and deregulation permeate the market. The next three years will see the end of many fixed, long-term supply and transportation service contracts (em the closing of an era.

In fact, natural gas marks perhaps the last commodity traded on a major exchange that remains captive to such long-term contracts. The demise of such contracts will add flexibility to gas pricing and supply management.

This evolution will accelerate with a host of changes in the way gas moves in wholesale markets.

Byline: 
James P. Healy
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DOE Builds Base for Administration's Restructuring Bill

To predict the Clinton Administration's next step is foolhardy. And when it comes to the first federal restructuring bill, it's riskier still to rely on drafts that apparently were leaked to gauge reactions of the energy industry and media.

"There have been a gazillion versions of the bill which have been prepared," says a Department of Energy official.

Byline: 
Joseph F. Schuler, Jr.
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