Law & Lawyers

Court Limits State Review of QF Buyouts

The U.S. Court of Appeals for the Third Circuit has ruled that the New Jersey Board of Public Utilities (BPU) is preempted under the federal Public Utility Regulatory Policies Act (PURPA) from ordering a qualifying facility (QF) and an electric utility to renegotiate or settle on a buy out of a previously approved purchased-power agreement. The QF, Freehold Cogeneration Associates, L.P. had refused to alter its contract with Jersey Central Power & Light Co.

Fitch Releases Competitive Rankings Headlines

Fitch Investors Service has assigned competitive rankings to 60 of the nation's largest public power and investor-owned electric utilities (IOUs). The top three IOU slots in the Fitch Competitive Indicator (FCI) go to Duke Power Co., Potomac Edison Co., and Northern States Power Co.

Power Purchase Agreement Inadequate to Justify QF

The Massachusetts Supreme Court has ruled that the state's Energy Facilities Siting Board could not rely on a ruling by the Massachusetts Department of Public Utilities (DPU) to determine project need as part of the construction approval process for a qualifying facility (QF). The Siting Board had found itself unable to determine the need for a 170-megawatt gas-fired cogeneration project proposed by Altresco Lynn, Inc. because it was unclear whether Massachusetts utilities would require surplus power from out-of-state suppliers before 2000.

Unchain TVA, Pleads Cromwell

Tennessee Valley Authority (TVA) chairman Craven Crowell wants TVA to be able to compete with other utilities for customers outside its service territory. Congress established the territorial boundaries in 1959, limiting TVA and distributors of TVA power to the areas they served as of July 1 of that year. Speaking at the American Public Power Association in Washington, DC, on February 1, Crowell said he has commissioned a study by Palmer Bellevue to examine how to remove the "fence" that prevents TVA from expanding.

Discount Tariff Hits Snag

The Michigan Public Service Commission (PSC) has dismissed an application by Consumers Power Co. for authority to implement its controversial "Rate K" competitive tariff for electric service. The utility had claimed that greater pricing flexibility was necessary to meet substantial competition from self-generation, new municipal utilities, and utilities outside the state, but the PSC found that due to numerous objections to the rate plan and subsequent modifications of the proposal by Consumers, the proceeding had become so complex that the docket should be closed.

Niagara Mohawk gets Rate Increase

Two New York Public Service Commission administrative law judges (ALJs) have recommended that Niagara Mohawk Power Corp. (NMP) be allowed to increase its 1995 electric and gas rates by $57 million (1.9 percent) and $10.7 million (1.7 percent), respectively (Docket Nos. 94-E-0098, 94-E-0099, and 94-G-0100). The proposal contrasts sharply with the PSC's 1994 recommendation to cut NMP rates by 7.1 percent over five years. NMP had asked for a 1.8-percent hike in electric rates, and a 4.2-percent increase in gas rates.

Tennessee to Review LDC Transition Costs

The Tennessee Public Utilities Commission (PUC) has opened a generic proceeding to establish a policy governing recovery of Order 636 pipeline transition costs by natural gas local distribution companies (LDCs). The PUC noted that one LDC, Nashville Gas Co., is currently recovering costs from all customer classes based on total system throughput, but has agreed to halve the charge for interruptible customers. Other LDCs use different methods to assess the costs to customers.

Consumers Power Targets "At-Risk" Customers

Consumers Power Co. has asked the Michigan Public Service Commission to approve a Special Competitive Service (SCS) rate to help retain industrial customers who threaten to leave the system. The SCS rate would be offered to customers who can obtain their power elsewhere and to new customers considering locating or expanding facilities in Michigan. "[A]pproval of this rate would grant Consumers Power the ability to negotiate special contracts with certain `at risk' large industrial customers which have competitive energy supply options," says Michael G.

Muni Competition Gets Utility Discount

The Illinois Commerce Commission (ICC) has approved special discount rate tariffs to help Illinois Power Co., an electric utility, meet ongoing competition from municipal electric utilities within its service territory.

Northern Border Plans Expansion

Northern Border Pipeline Co. has filed for federal approval to extend its pipeline system 218 miles deeper into the Midwest, at a cost of $370 million. Sponsors say the project could be in service by November 1997.