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Law & Lawyers

Georgia Proposes Gas Rags

The Georgia Public Service Commission has established standards for issuing certificates to marketers to compete under the state's Natural Gas Competition and Deregulation Act.

Under the standards, candidates must show their creditworthiness. To compete, a marketer must prove that its capital base or other financial resources can withstand the business and financial risk and absorb losses that might occur in providing firm gas service to retail customers.

S.B. 215, which was signed into law in April, established a regulatory framework to deregulate the gas industry.

Byline: 
Lori A. Burkhart
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States Win Right to Set LEC Interconnection Rates

In a long-awaited opinion, the U.S. Court of Appeals for the Eighth Circuit has ruled that the Federal Communications Commission exceeded its authority in approving pricing regulations to open the telecommunications local exchange market to competition.

The court upheld, however, major portions of the FCC regulations governing the duty owned by incumbent local exchange carriers to provide access to the public switched network for new market entrants.

Byline: 
Phillip S. Cross
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Baltimore Court Keeps Merger Case

The chief executive officers of Baltimore Gas and Electric Co. and Potomac Electric Power Co. have expressed disappointment over a July 28 decision by a Baltimore County judge denying a motion to return their proposed merger case to the Maryland Public Service Commission.

The judge's decision will keep the merger proceeding before the Baltimore County Circuit Court.

"As we previously stated and made very clear to the court, we cannot merge in accordance with the terms of the current PSC order," said BGE Chair Christian Poindexter and PEPCO Chair Edward F. Mitchell.

Byline: 
Lori A. Burkhart
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TVA, Utilities Settle Lawsuit

Five utilities suing the Tennessee Valley Authority for allegedly making electric sales to unauthorized third parties for resale outside its service territory have agreed to a joint settlement.

The settlement calls for TVA only to sell or deliver power to authorized exchange power companies. TVA agreed not to knowingly enter any exchange power transactions if the purchaser buys that power intending to resell it at wholesale to an unauthorized entity. TVA will reiterate its contract requirements with its exchange power companies.

Byline: 
Lori A. Burkhart
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Northeast Utilities Settles Nuclear Management

Northeast Utilities Co. has reached an agreement in principle with its shareholders who had claimed that certain NU trustees and officers had failed to manage prudently the affairs of the utility, causing problems for its nuclear power program.

The settlement calls for insurers of those trustees and officers named in the suit to pay NU $25 million, less attorney's fees. NU has agreed to certain corporate governance changes. The agreement was reached after more than eight months of mediation by retired U.S. District Judge Robert C.

Byline: 
Lori A. Burkhart
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Perspective

To the discomfort of my predilections, I cannot deny that which is just.

In the June 1 issue of PUBLIC UTILITIES FORTNIGHTLY, Ken Rose ("Securitization of Uneconomic Costs: Whom Does It Secure?" p.

Byline: 
Daniel William Fessler
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FERC Ends Summer Session Without Fanfare

No clear signal as yet from new chair James Hoecker.

The Federal Energy Regulatory Commission had a busy day on July 30, but observers will have to wait until the fall to learn of any new wide-ranging policy initiatives planned by incoming chair James Hoecker, who has now succeeded Elizabeth Moler in the top post.

The end-of-summer meeting (em and Commissioner Donald F. Santa Jr.'s last (em was marked largely by a lack of controversy.

Byline: 
Lori A. Burkhart
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N.C. Sets Fuel Cost Proxy for Purchased Power

Resolving a new issue now arising under fuel cost adjustment clauses, the North Carolina Utilities Commission has ruled that electric utilities who buy wholesale power from marketers should treat 75 percent of the energy price component as a "fuel cost," in those instances where the seller cannot or will not provide actual fuel cost data.

The case involved Duke Power Co., which had purchased power from Enron for resale.

Byline: 
Phillip S. Cross
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Scarce Resources, Real Business or Threat to Profitability?

All three may apply, especially if regulators go wrong and let ISOs make the business decisions.

Electricity transmission is a real business. With more than $50 billion of net plant, another $3 billion annually in capital expenditures and yearly operating income that could reach $5 billion per year under normal circumstances, the power grid is roughly twice the size of the natural gas pipeline industry. One would never know that from current events, however. Utility management treats transmission as an inconvenient stepchild.

Byline: 
Leonard S. Hyman, and Marija Ilic
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Off Peak

More low-cost states seen joining the move toward electric restructuring.

Six months ago, those states with the highest electric prices appeared the furthest along on the path to electric industry restructuring. That is no longer the case.

Today, even those states that can boast of lower-than-average rates are exploring avenues toward more competition, as shown below. The table groups states into five tiers, by the level of activity to date. These activities include initiatives by legislatures, regulatory commissions, utilities and other parties.

Byline: 
Sally and Kristina Sepetys
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