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Law & Lawyers

Do Lifeline Programs Promote Universal Telephone Service for the Pool?

Hardly at all. In fact, they do little more than reapportion income (em a task that lies outside the FCC's mandate.

The Federal-State Joint Board on Universal Service recently proposed to expand subsidy programs for Lifeline telephone service. Under the Telecommunications Act of 1996, the Joint Board seeks to add more low-income households to the telephone network.

Will such a strategy work? Our recent findings suggest not. They indicate that simple continuance of such programs, much less expansion, is a highly questionable proposition.

Byline: 
Christopher Garbacz, and Herbert G. Thompson, Jr.
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High Court Upholds Dichotomy in Tax Case

The U.S. Supreme Court in late February ruled that it is constitutional for Ohio to impose a 5-percent use tax on purchases of natural gas from an out-of-state natural gas marketer, when the same purchases would have been exempt from tax had the purchaser bought the gas from an in-state local distribution company.

Nicholas Bush, Natural Gas Supply Association president, expressed disappointment with the decision and called it a setback for development of a national, competitive natural gas marketplace.

Byline: 
Lori A. Burkhart
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Insurance Recovery for Manufactured Gas Plant Liabilities

Valuation, optimization and settlement strategies

oth gas and electric utilities face a variety of environmental issues arising from more than 1,500 former manufactured gas plant (MGP) sites, which supplied a major source of energy in the United States from the early 1800s to the mid-1900s. Using the standard operating procedures of the day, MGPs created and often disposed of byproducts such as coal and oil tars, tar/water emulsions, sludges, spent oxides (including cyanides), lampblack, ash and clinker.

Byline: 
Gayle S. Koch, Kenneth T. Wise, and Philip Hanser
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FERC Conference to Explore Gas Issues

The Federal Energy Regulatory Commission has issued its notice of a public conference on "Issues and Priorities for the Natural Gas Industry," which will be held May 29 and 30. The FERC wants to gather information to establish its regulatory goals and priorities in the post-Order 636 environment (Docket No PL97-1-000).

The FERC is requesting a broad analysis of present and future industry issues, including those deemed the highest priority for FERC action.

Byline: 
Lori A. Burkhart
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Frontlines

Wall Street loves stranded costs. No kidding. For stockbrokers and underwriters accustomed to selling utility issues to widows and orphans, the prospect of asset-backed financing opens a whole new world. I'm talking here about "securitizing" stranded costs.

In a securitization, a trust takes beneficial title to utility assets (tangible or intangible) that have lost their value in the market, and sells "transition bonds" to a new set of investors, funneling the bond sales proceeds back to the utility and to its equity investors. Who pays the coupon? Why, it's the customer of course.

Byline: 
Bruce W. Radford
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NGSA Claims Gas Could Be Hurt By Restructuring

The Natural Gas Supply Association said that electric restructuring bills proposed in Congress and by the Clinton Administration contain several provisions that could "significantly" and "unfairly" reduce the competitiveness of gas-fired electricity.

NGSA warned that utilities likely will dispatch electricity from different fuel sources in order of lowest-to-highest marginal cost, and the marginal costs of gas-fired power generally are higher than power fired by coal, nuclear and hydro.

Byline: 
Lori A. Burkhart
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People

John Yurkanin was appointed senior v.p. of marketing and sales for LG&E Natural. Yurkanin joined LG&E in 1996 and served as senior v.p., producer services. Yurkanin will direct LG&E in expanding marketing presence with utilities and other marketers. Also at LG&E, Mark Stanger was appointed v.p., producer services. Stanger will direct service business, including contracting for new sources of gas supply and managing relationships with current suppliers.

Commissioner Hullihen Williams Moore will serve as chairman of the State Corporation Commission for the next year.

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In Brief...

Sound bites from state and federal regulators.

Gas Supply Affiliates. Arkansas oks plan by Arkla to continue to rely on NorAm Gas Transmission Co. (an affiliate) for the bulk of its supply requirements, but directs the utility to evaluate its supply options and to "be prepared" to shift to an independent supplier for gas inventory and capacity. NorAm agreed to "rachet-down" its price to meet third-party offers. Docket No. 95-401-U, Order No. 34, Jan. 9, 1997 (Ark.P.S.C.).

Electronic Billing. Michigan regulators approve program by Consumers Power Co.

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Mailbag

Why We Sign Those Secret Deals

Out here in the trenches, Professor William Shepherd's attempts to correlate anti-competitive pricing strategies with market dominance will take a while to sink in, mostly because the politics seem to get in the way of clear thinking. While his article ("Anti-Competitive Impacts of Secret Strategic Pricing in the Electricity Industry," Feb. 15, 1997, p.

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New Hampshire Issues Final Plan for Electric Restructuring

PUC endorses direct access, plant divestiture and limits on recovery of stranded costs. Says order will not interfere with 1990 bankruptcy plan for Northeast Utilities. The New Hampshire Public Utilities Commission has issued its final plan for restructuring the state's electric industry, at the same time announcing what is believed to be the first formal policy decision by a state utility commission that would deny full recovery of costs left "stranded" by the transition to competition.

Released on Feb.

Byline: 
Phillip S. Cross
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