Law & Lawyers

Alabama Finds Need for Power, Certifies Cogen Plant

Finding that Alabama Power Co. has a clear need for additional capacity in the near future (em reserves for the year 1999 will drop to approximately 9.2 percent (em the Alabama Public Service Commission has authorized the utility to pursue a utility-owned cogeneration project as the least-cost resource option.

The company plans to install a natural gas-fired cogeneration plant at an industrial facility owned by one of its larger customers. The utility will own, design, maintain and operate the

100-MW facility.

Kewaunee Nuclear Plant Is In Trouble

Due to troubles at the Kewaunee nuclear power plant, the Wisconsin Public Service Commission has agreed to allow its three utility owners to accelerate depreciation based on a plant retirement in 2002 instead of 2013. It also agreed to shorten the length of time decommissioning funds can be set aside.

The plant had shut down Sept. 20, 1996, for routine repairs and was expected to open one month later when damage to steam generators was found to be greater than expected. Replacing them would cost about $100 million.

DSM Program Victim of Market Reforms

The Idaho Public Utilities Commission has allowed Idaho Power Co. to terminate an "industrial efficiency" conservation program designed to promote the installation of energy efficient equipment by both industrial and large commercial users through the use of grants awarded by the utility.

The commission found that the way to implement such goals is changing in light of electric industry restructuring, while declaring its continuing support for utility investment in conservation and renewable-based resources.

Phone Wars Ripen in 440-plus Locales

A year after passage of the Telecommunications Act of 1996, more than 440 local phone markets are ripe for competition, says a new report.

According to its second Competition Report, the U.S. Telephone Association says nearly every state has open markets.

In 1995, market-share losses in high-capacity local business service were 39 percent in Philadelphia; 35 percent in Pittsburgh; 32 percent in Washington, D.C.; 27 percent in Baltimore; 39 percent in Los Angeles; 37 percent in San Francisco; 50 percent in New York City; and 37 percent in Boston.

Minnesota Identifies Environmental Adders

The Minnesota Public Utilities Commission has adopted a schedule of environmental costs for electric utilities evaluating and selecting resource options in all commission proceedings including resource-plan and certificate-of-need cases.

In each such case the utilities will be required to provide three cost analyses for each generation-option provided: one using the values at the low end of the range (see table), one using values at the high end of the range, and one reflecting "direct costs only" (i.e., using zero environmental externalities values).

Table.

Real-Time Pricing-Restructuring's Big Bang

The electric industry hasn't seen so much upheaval since Thomas Edison threw the switch at the Pearl Street Station. Full retail access to competitive markets in generation and supply will challenge traditional ways of doing business. But no change will prove more dramatic for electric utilities than setting a competitive price (em that most fundamental of business decisions.

In anticipation of competition, utilities have been experimenting to discern what forms of the "product" (em electric power (em customers might want, and at what prices. One such experiment is real-time pricing.

Minnesota Eyes Tax Issues Via Study

The Minnesota Department of Revenue and the Minnesota Department of Public Service have released a study finding that electric and natural gas utilities pay higher taxes in certain categories than in other states in the region, which could put Minnesota at a disadvantage as the utility industry becomes increasingly competitive.

The study, mandated by the 1996 state Legislature, finds that in addition to paying high real estate taxes, utilities also pay personal property taxes on machinery and equipment. However, in 1996, Gov.

Electric Utility Fails in Bid for Antitrust Immunity

The 9th U.S. Circuit Court of Appeals has ruled that Portland General Electric Co., could not invoke "state action immunity" as protection against antitrust charges in a case involving the division of the Portland, Ore., market into exclusive service territories.

Columbia Steel Casting Co., a large industrial consumer of electric power in the city, had sued Portland General and another local utility, Pacific Power & Light Co., charging both companies with dividing the city's electric users among them in violation of federal antitrust laws.

University Fights Stranded-Cost Fee

Lawyers for the Massachusetts Institute of Technology on Feb. 4 argued before the Massachusetts Supreme Court that their client should not be made to pay $6 million to Cambridge Electric Light Co. to cover stranded costs for building its own $50 million on-campus generating plant, as directed by the state utility commission. MIT said it would never have built the plant had it known about the fee. A ruling is expected in the spring.

States Expand Gas Transportation Programs

Regulators in Michigan and Florida have taken steps to expand programs for transportation of customer-owned gas.

In Michigan, the state public service commission will test the idea of expanding transportation service to residential and commercial users for two gas distribution utilities, plus allowing some aggregation to meet volume requirements. In Florida, the PSC will explore the idea of aggregating facilities owned by different customers.

Michigan. Tests in Michigan will involve Michigan Consolidated Gas Co. and Consumers Power Co.