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Law & Lawyers

Commission Watch: The Tyranny of FERC

The commission's power grab over bankruptcy courts condemns merchants to a corporate netherworld.

A new district court decision out of Texas tilts the field in favor of FERC's assertion of exclusive authority over who decides whether a debtor can terminate unprofitable power contracts. For merchant energy companies struggling with dwindling capital and mounting credit risks, this change could mean bankruptcy is no longer a viable option for reorganizing.
Byline: 

Kenneth Irvin and Robert Loeffler

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Business & Money: Bringing Back The Greenbacks

A spate of proposed U.S. tax rule changes soon may open a window of opportunity for certain utilities.

The proposed Homeland Investment Act on Repatriation may soon open a window of opportunity for U.S. companies with unrepatriated foreign earnings. If passed, it potentially would allow U.S. utilities to bring money back into the country without harsh tax penalties, thereby freeing up capital to reinvest in assets here, pay down U.S. debt, or fund other liabilities.
Byline: 

Todd M. Landau, Tadd A. Fowler, and Craig King

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Metering and Billing: Building a Better Pricing System

Two-part real-time pricing reflects the two-part pricing found in other business sectors.

Georgia Power Co., Duke Power Co., and their customers have reaped the benefits of two-part real-time pricing (RTP) for nearly 10 years. This structure has been a perfectly acceptable and efficient means to price electricity, but a second structure for pricing electricity can now be introduced. Either structure is sound and efficacious. Each methodology has its advantages, and utilities should consider which method best serves their needs.

Byline: 

Michael O'Sheasy

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A Rough-Cut Diamond: Fortnightly Turns 75

Let's look back over the past few years — what we got right and where we went wrong.

So we come to the 75th anniversary of the publication of Public Utilities Fortnightly. Few magazines ever live that long. Nor should they. Yet here we stand. Launched in 1929. Still kicking in 2004. We can learn from the experience of the past 10 years — a time of turmoil like no other in the utility industry. So let’s lean back and have a little fun. What can we learn from Public Utilities Fortnightly over the past decade?
Byline: 

Bruce W. Radford

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Future Shock

The U.S. faces a near doubling of population this century. Will there be enough power for the people?

In the early 20th century, a mere 247,000 out of a potential 5 million customers had electricity, according to the National Academy of Engineers. Today, the investor-owned utility industry serves almost half of the 293 million who live in the United States. The average number of electric utility customers has run as high as 135 million, according to Energy Velocity. The industry has come a long way. But looking to the future, one sees clouds beginning to form. The answers to the questions become more difficult. The limitations and the obstacles increase. As we see a linear increase in demand, the difficulty of meeting that demand grows exponentially.
Byline: 

Richard Stavros

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The Fight for Sustainability

Investors are asking utilities questions about environmental and social risks. Answers can be a challenge.

Sustainability reporting may produce benefits that come full circle-satisfying the demands of shareholders, improving the company's performance on environmental and social factors, and ultimately increasing value for investors.
Byline: 

Michael T. Burr

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