Law & Lawyers

Illinois Restructuring Debate Heats Up

Central Illinois Light Co. unveiled its electric choice bill, which, if enacted, would allow residential customers to choose their electric suppliers beginning Jan. 1, 1998. The proposed legislation appears to conflict with another competition bill introduced Nov. 19, 1996 by the Illinois Coalition for Responsible Electricity Choice, which advocates a phase in of choice from 1997 through 2005. CILCO is the only major electric utility in Illinois that is not behind the Nov. 19 bill.

The CILCO bill, "Consumer Freedom To Choose Electricity Law," was introduced on Jan.

Order 888 Dispute Lands at FERC

The Truckee Donner Public Utility District has asked the Federal Energy Regulatory Commission to resolve an Order 888 transmission dispute with Sierra Pacific Power Co.

Truckee buys most of its power from SPP but wants the freedom to shop around for less expensive electricity from other suppliers. Truckee is located high on the Eastern slope of the Sierra Nevada, within SPP's service territory and is not connected with any other utility.

Bankruptcy Specter Looms in New Hampshire (Again)

Testifying before the New Hampshire Public

Utilities Commission, the CFO of Northeast Utilities, John H. Forsgren, warned that a proposed electric deregulation plan could push subsidiaries Public Service Co. of New Hampshire, and North Atlantic Energy Corp. into bankruptcy.

Consulting company LaCapra Associates gave its deregulation report and recommendations on Jan. 3 to the PUC. The Jan. 20 hearing was aimed at examining stranded costs, and what portion of its $800 million stranded costs PSNH would be allowed to recover.

New Study Has Policymaker's Endorsement

The Heritage Foundation's recently released report, which finds that national electric deregulation would benefit consumers through lower electric rates, better service and more jobs, has the endorsement of a key policymaker.

If Congress passes a bill to deregulate electric markets, the average consumer's monthly electric bill could fall by as much as $30, according to the report, Energizing America: A Blueprint for Deregulating The Electricity Market, written by Adam D. Thierer.

The report has been endorsed by House Commerce Committee Chairman Thomas J.

New York Finalizes ISO Proposal

New York Power Authority trustees have approved agreements to help it establish an independent system operator for the statewide electric transmission system, which could be partially implemented in 1997, and fully implemented by mid-1998, if approved by the Federal Energy Regulatory Commission.

Members of the New York Power Pool, the authority and the state's seven investor-owned utilities have worked for nearly two years to develop a proposal for an independent system operator, or ISO. The proposal and associated tariffs were submitted to the FERC.

City of Alma Asks for FERC's Help in CE Dispute

The City of Alma, Mich., has asked the Federal Energy Regulatory Commission to consider whether Consumers Energy is entitled to recover stranded costs from customers in the municipality that switches from CE's system to a municipal electric system if the city creates one.

A consultant hired by Alma already has determined the city could own and operate a municipal utility, which would result in cost savings in excess of 20 percent. The savings estimate has been challenged by CE, formerly Consumers Power Co., because the analysis does not contain a stranded-cost payment.

Pennsylvania Issues Pilot Guidelines

The Pennsylvania Public Utilities Commission has approved final guidelines for electric utility pilot programs for Pennsylvania's transition to a competitive retail electric generating market. The pilots will allow a limited number of residential, commercial and industrial customers to choose their electric suppliers.

The "Electricity Generation Customer Choice and Competition Act," signed into law by Gov. Tom Ridge Dec. 3, 1996, requires participation in the pilots by customers representing 5 percent of a utility's peak load for each customer class.

Financial News

You've got to reinvest the proceeds (em and not just anywhere.

Recovering stranded investment is sometimes equated to preserving shareholder wealth. In fact, full recovery of stranded investment by itself will not preserve shareholder wealth in most cases.

What is missing all too often in discussions of stranded investment is the role that capital investment plays in the creation of shareholder wealth.

Western Resources Wins Fight for KCPL

After months of trying, which included the derailment by Western Resources of the proposed merger of UtiliCorp United and Kansas City Power & Light Co., the boards of directors of Western Resources and Kansas City P&L have approved a merger of the two companies in a stock-for-stock transaction valued at $2 billion. If approved by the necessary regulatory authorities, the new company would have $9.5 billion in assets, $3 billion in annual revenues and more than 8,000 MW of electric generation.

In Brief...

Sound bites from state and federal regulators. Gas Load Building. Finding no protest from electric utilities, North Carolina waives requirements for preliminary cost-benefit analysis and approves incentive programs for Piedmont Natural Gas Co. Inc., designed to boots gas load by installing commercial gas cooking equipment at community colleges for use in culinary degree programs. Commission tells company to conduct a cost-effectiveness analysis as soon as it can gather the necessary data from actual operating experience. Docket No. G-9, Sub 377, Jan. 31, 1997 (N.C.U.C.).