Law & Lawyers

Minnesota Approves "Interstate" Merger

The Minnesota Public Utilities Commission has approved the merger of Interstate Power Co., IES Industries Inc., and WPL Holdings Inc., joining Illinois, which has also signed off on the deal. (See, Headlines, this issue, p. 21.)

The commission estimated total merger-related savings of $592.1 million to $648.1 million over 10 years. Minnesota ratepayers could save nearly $15.5 million in electric costs and $6.4 million in gas over the same period.

South Dakota Court Settles Boundary Dispute

South Dakota Supreme Court has ruled that state regulators erred in authorizing an electric utility to serve an established industrial customer of an electric cooperative.

The commission had found that the Northwestern Public Service Co. could replace Northern Electric Cooperative as the electric supplier for Hub City Inc. Hub had purchased an industrial property containing manufacturing facilities served by the utility and a plant addition served by the co-op.

California Electric Restructuring Update

California regulators have issued a series of important rulings this spring as they continue to move forward with restructuring the state's electric utility industry.

On May 6, the California Public Utilities Commission accelerated the pace of its industry reform by ordering all electric utilities in the state to allow direct access to alternate electricity suppliers for all customers on Jan. 1, 1998.

In Brief...

Sound bites from state and federal regulators.

Appliance Repair Business. Responding to complaints from unregulated providers, New York rules that natural gas LDCs must run their appliance repair services through a separate subsidiary. PSC terms its existing policies "anachronistic" and finds that subsidies for appliance repair services are inappropriate. Case 93-G-0804, April 4, 1997 (N.Y.P.S.C.).

DSM Program Design. Michigan appeals court says state PSC exceeded authority and "impermissibly interfered with management decisions" of Detroit Edison Co.

Perspective

Does a monopolist aim to maximize profit, or simply to hide from the antitrust laws?

AT&T's absolute monopoly in the switched long-distance telephone market ended in 1976 when MCI rolled out its Execunet service. Twenty years later economists still question whether AT&T can influence the market price of long-distance services.

Recent empirical studies are split on the question, sometimes finding AT&T has considerable market power, and sometimes finding it has none.

It appears that economists studying the long-distance industry may be misinterpreting the historical record.

N.Y. Would Reimburse Bypassed QFs

The New York Public Service Commission has set up procedures to reimburse qualifying cogeneration and small power production facilities if any of the state's seven investor-owned electric utilities should curtail purchases of power from the QFs. The Independent Power Producers of New York Inc. blasted the decision.

The PSC said it will review QF requests for reimbursement if a utility is alleged to have curtailed purchases unfairly.

PECO Gets $1.1 Billion

At a proceeding marred by hecklers and the arrest of five protesters, the Pennsylvania Public Utility Commission finalized a preliminary decision awarding PECO Energy Co. $1.1 billion of its requested $3.8 billion in stranded cost recovery (Docket R-00973877).

On May 8, by a 4-1 vote, the PUC issued a nonbinding order to allow PECO to refinance the $1.1 billion in stranded costs at lower interest rates through issuance of asset securitization bonds to be paid over 10 years.

Competition Bill Dies in Connecticut

Connecticut's proposed electric restructuring legislation, H.B. 6774, died after being dropped unexpectedly by the state Senate. Backers of restructuring legislation plan to reintroduce the bill next year when the new session begins in February 1998.

The bill would have opened markets to competition Jan. 1, 2000, coupled with a 10-percent rate cut. Under the bill, utilities would have recovered up to 65 percent of stranded costs for above-market nuclear investments and 100 percent for regulatory assets. The bill would have allowed securitization of those costs.

FERC Issues Certificates for Two New Gas Pipelines

The Federal Energy Regulatory Commission has granted two certificates for natural gas pipeline projects in the Southeastern U.S. One certificate went to Southern Natural Gas Co. for construction of a controversial pipeline to serve two municipal customers; a second was issued to Columbia Gas Transmission Corp. for the largest single expansion of its pipeline and storage system.

The FERC on May 28 voted 5-0 to grant a certificate to Southern Natural Gas Co. to construct approximately 118 miles of natural gas pipeline to serve two municipal customers.