Law & Lawyers

Perspective

The FERC didn't say, but honest lawyers want to know.

December was a grim month for those wanting the Federal Energy Regulatory Commission to further define the limits of a "sham transaction," as that idea is understood under the Federal Power Act, which dictates when an electric utility must offer transmission services to power producers, marketers or other utilities.fn1 Of the three cases concerning this issue that were pending before the FERC on the first day of the month, all were resolved. But none was explained.

One case was simply withdrawn.

Midwest vs. Northeast? EPA's NOx Policy

Eight states blame upwind sources. Agency to revisit emissions targets.

The U.S. Environmental Protection Agency's Sept. 24 rule for 22 eastern states to file plans to reduce nitrogen oxide emissions would ostensibly reduce transport of ground-level ozone, or smog, in so-called "nonattainment areas." But eight of these affected states have filed petitions arguing that NOx emissions blowing in from nearby jurisdictions must be controlled before they can comply.

So far, in preliminary statements, the EPA has indicated that at least some of these petitions have merit.

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.

Frontlines

The wires business goes up for grabs as California opens its landmark case on distributed generation.

Jay Morse has studied distributed generation for the past seven years. Today, as an engineer and policy analyst on regulatory transition and market development issues for the California PUC's Office of Ratepayer Advocates, he sits in the eye of the storm. Technology is busting out all over, says Morse, who calls himself the "godfather" of DG in California's electric restructuring.

Off Peak

No, but you're doing more in fewer hours.

While utilities continue to pare staff to skeletal levels, the latest labor statistics indicate that employees, though increasingly more productive, are working fewer hours per week.

A comparison of the U.S. Bureau of Labor Statistics' December 1997 and preliminary December 1998 statistics indicate that while staff levels continued to decline at electric, gas and sanitary utilities, employees who remain are working 2 percent fewer hours per week.

People

Bob Rowe of the Montana Public Service Commission was elected first vice president of the National Association of Regulatory Utility Commissioners. Rowe will continue to serve as chairman of the NARUC Telecommunications Committee for another year.

Duane, Morris & Heckscher LLP added Regina Speed-Bost to its energy group. Speed-Bost is the former legal advisor for natural gas and oil pipeline matters to William L. Massey, commissioner, Federal Energy Regulatory Commission.

Charles K.

News Digest

Studies & Reports

Year 2000 Readiness. On Jan. 11 the North American Electric Reliability Council (NERC) predicted a minimal effect on electric system operations from Y2K software problems. The Department of Energy, which had asked NERC to run the electric industry assessment, added that 98 percent of U.S.

News Analysis

New PRC might revisit PUC orders. By Bruce W. Radford

"The PRC has not necessarily decided what position it will take," said PRC counsel Stacy Goodwin.

"I believe the majority of the PRC will take a slightly different position than the PUC, but there are some legal questions," confirmed Lynda Lovejoy, the newly elected chairman of the Public Regulation Commission.