Law & Lawyers

Electric Restructuring Legislation: Handicapping the 106th Congress

Will inaction in the Senate and House prompt FERC to move ahead?

About 36 bills with the word "electric" in them were introduced in the 105th Congress. According to Capitol Hill and industry association staff, the 106th Congress, officially begun Jan. 6, appears likely to see fewer restructuring bills, but steadfast champions.

Likelier still are developments outside of Congress that will shape energy policy and perhaps beat legislators to the punch.

Price Spike Redux: A Market Emerged, Remarkably Rational

The post-mortems on last summer's price spikes in the Midwest are in. At least three studies of the event diverge in their conclusions:

First, on Sept. 24 of last year, the staff of the Federal Energy Regulatory Commission found the root cause of the spikes in extreme weather and unexpected outages. It observed no direct evidence of market manipulation and concluded that the events were unlikely to recur.

Using Auctions to Jump-Start Competition and Short-Circuit Incumbent Market Power

Ohio's proposal for retail marketing areas would give all customers meaningful choice and all suppliers even footing.

When grocery shoppers go looking for a can of tuna fish, they must decide which brand to buy. No particular brand will jump off the shelf into their shopping carts. The same is true with automobiles or any other consumer good. First you choose a make and model. Electricity and other utilities, however, are a special case. In the transition from monopoly to competition, consumers face a different prospect.

The Low Cost Dilemma

Washington State Studies Electric Competition

Meeting its Dec. 31 deadline, the Washington Utilities and Transportation Commission delivered to the state legislature its "Electricity System Study 6560", a joint effort with the state Department of Community, Trade and Economic Development (CTED) as required by Engrossed Substitute Senate Bill 6560, on retail electrical consumer protection.

Setting EDI Standards: Business Beats Technology

Northeast states avoid meter squabbles, stress electronic commerce.

It ain't the chip, it's the interface. That's the ticket in New England and the Northeast, where utilities, power producers, retailers and marketers are standardizing electronic data transfers of customer lists, enrollment choices, energy consumption and billing determinants - the business information that will be prove essential to a working competitive market in electricity.

Off Peak

Co-ops beat utility rates in 15 states. But why not more?

Despite the fact that their customers are scattered throughout the most remote reaches of the 46 U.S. states they service, electrical cooperatives in 15 states offer residential rates lower than the averages for all utilities in those states.

A comparison of 1997 rates by the National Rural Electric Cooperative Association finds that another 24 states have rates that are just 1 to 10 percent higher than the utilities' state averages.

Retail Wizardry: How To Make Money in Today's Power Market

A hedging strategy to protect gross margins in a fixed-price mass market.

The retail electricity markets in the United States are set to bloom. Retail power marketers presently must navigate various hurdles, raised by incumbent utilities, before they are able to establish a foothold. Some states, however, including Pennsylvania and Massachusetts, have established a fixed schedule for the recovery of stranded costs, resulting in profit opportunities for new entrants.

The Fortnightly 100 Revisited: Do Utility Stock Prices Reflect Operational Efficiency?

The numbers say "yes," adding weight to last year's benchmarking survey.

Does productive efficiency help determine an electric utility's prospects in regulated or competitive markets? Is productive efficiency a better marker of real-world success than simple financial attributes, such as cash flow, dividend ratio or operating income?

In unregulated markets, higher productivity translates directly into relative declines in costs and prices, and by extension, greater ability to compete and prosper.

Generating Plant Sales and Acquisitions: Who's Doing What, and Why

Sales prices for power generation assets in the United States during the past two years have climbed to unprecedented levels. This trend should continue. More than 20,000 megawatts of generation assets have been sold, with another 20,000 MW announced. During the next five years, it is expected that 70,000 to 140,000 MW will change hands. We have seen only the beginning of a massive redistribution of generation assets - from regulated utilities to unregulated marketers and plant operators.

In fact, the prices we've seen for generation assets may turn out to be bargains.

Frontlines

Micro maverick Bill Althouse sees a grand conspiracy to blot out customer-owned generation.

Distributed generation is out of the box. It's time for regulators to wake up. The paradigm has already shifted."

That's Bill Althouse talking, president of Althouse Inc. of Albuquerque, N.M., a seat-of-the pants business (he says he's near bankruptcy) that helps homeowners and businesses install on-site generation. I met him via email as I researched why, on Jan.