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Law & Lawyers

Michigan Competition Plan Meets Opposition

Putting aside calls for a faster-paced switch to the new industry format, the Michigan Public Service Commission has adopted a phase-in schedule for customer direct access to alternative electricity suppliers that runs through 2002. The order, which some have said needs additional work, also outlines stranded cost recovery policies and related securitization strategies.

Under the plan, 2.5 percent of each electric utility's retail load will become eligible for customer choice each year from 1997 through 2001, with all customers eligible in 2002.

Byline: 
Lori A. Burkhart, and Phillip S. Cross
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Competition Stymied in Illinois, Oregon

Bills that would have restructured electric markets in Illinois and Oregon have died due to lack of support.

A bill, H.B. 2821, which would have opened the Oregon electric market to competition by October 2001, has died in the Oregon House, lacking the 31 votes needed for passage. Meanwhile, the Illinois Senate has decided to postpone until the fall its deliberations on the state's proposed electric restructuring bill, which has the approval of the Illinois House of Representatives.

Industrial customers and consumer groups supported the Oregon bill.

Byline: 
Lori A. Burkhart
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NRC Watch List Sits at 13

The Nuclear Regulatory Commission staff has identified 13 nuclear plants that warrant increased NRC regulatory attention. These plants will remain on the NRC "watch list."

No additional nuclear plants were added to the NRC watch list. But one plant - Indian Point 3, operated by the New York Power Authority - was removed from the list. Indian Point 3 had been placed on the list in June 1993, and now has been removed due to improved performance.

Byline: 
Lori A. Burkhart
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Perspective

Uncle Sam buys a lot of power. Who supplies it may depend upon Article I, Sec. 8, Clause 17.

Today's intense competition to sell power should not overlook one large customer - the federal government. The Department of Defense alone consumed $1.4 billion worth of power in fiscal year 1994. Recently, one utility executive was quoted as saying: "We've got power marketers foaming at the mouth for DOD's business."%n1%n

Yet how does a marketer get the business of a federal agency, office or installation if retail wheeling is not mandated?

Byline: 
William A. Mogel
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Hoecker Takes FERC Helm, Makes Assignments

At his first meeting as chair of the Federal Energy Regulatory Commission, James Hoecker announced that he was assigning responsibility for certain important issues to FERC members.

At the June 25 meeting, Hoecker assigned the key responsibility for reliability issues to Commissioner Vicky Bailey. Bailey will track reliability developments at NERC, DOE and around the nation. Hoecker assigned responsibility for merger policy issues to Commissioner William Massey. Commissioner Donald Santa Jr. and General Counsel Susan Tomasky were assigned the oversight of FERC's complaint procedures.

Byline: 
Lori A. Burkhart
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FERC Approves NEPOOL Restructuring

The Federal Energy Regulatory Commission on June 25 conditionally approved the restructuring of the New England Power Pool into an independent system operator, even though many of the details remain under negotiation.

The FERC also approved on an interim basis the transfer of control of NEPOOL public utility members' transmission facilities to the ISO on July 1 (Docket No. EC97-35-000).

To insure NEPOOL's independence, the FERC changed NEPOOL's definition of "affiliate," a relationship indicating 50-percent ownership, to one indicating 10-percent ownership.

Byline: 
Lori A. Burkhart
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Institute Takes Aim at Subsidies

A report from the Northeast-Midwest Institute has found that the Tennessee Valley Authority, Bonneville Power Administration, and the three other power marketing administrations must relinquish their preferential treatment and subsidies if consumers are to enjoy the rewards of electric competition.

Federal Power Dinosaurs - Reforming TVA and PMAs in a Competitive Electricity Environment said that as electric industry competition is introduced, lawmakers cannot ignore public or government-owned power companies.

Byline: 
Lori A. Burkhart
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FERC Deals with Vertical Market Power in Mergers

In two separate cases, the Federal Energy Regulatory Commission for the first time has approved an analytical framework for examining vertical market power concerns raised by convergence mergers of gas and electric companies. This new framework applies when market power in one sector (such as natural gas) threatens competition in another (e.g., electricity).

In the first case, the FERC on June 25 conditionally approved the disposition of jurisdictional facilities in the proposed merger of two holding companies, Enova Corp.

Byline: 
Lori A. Burkhart
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Special Report

Midwest panel fears service decline, sees small companies as speed bumps on road to competition.

"Mergers and restructuring" could have described the panel, but "Four Weddings and a Funeral" gave the session the cinematic spin it demanded.

Craig A.

Byline: 
Joseph F. Schuler, Jr.
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FERC ALJ Approves Three-Way Combo

An administrative law judge at the Federal Energy Regulatory Commission has recommended approval of the proposed three-way merger of WPL Holdings, IES Industries, and Interstate Power Co. to form Interstate Energy Corp.

Earlier this year, the companies and the FERC staff reached an agreement on market power mitigation. One stipulation was that the utilities had to contract for purchase of transmission capacity to interconnect the three utility systems. A portion of that capacity would be made available to other utilities on a first-come basis.

Byline: 
Lori A. Burkhart
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