Law & Lawyers

Operations & Maintenance: Who Has the Best Margin?

Operations & Maintenance

Operations & Maintenance

The process of calculating meaningful benchmarks is fraught with pitfalls.

Regulatory reporting requirements for major U.S. utilities provide a wealth of data for benchmarking studies. Both the Federal Energy Regulatory Commission (FERC) Form 1 for electric utilities and FERC Form 2 for gas utilities involve the reporting of more than 2,500 unique data points per utility per year, across diverse aspects of utility operations, maintenance, and finance.

Dial M for Merger

When will utilities see the next round of deals?

When will utilities see the next round of deals?

With the substantial decline in utility mergers and acquisitions (M&A) activity since the heady days of 2000, it's time to ask when M&A activity might return, if at all. Business combinations provide a potentially important means for a utility to enhance its earning and growth prospects, and one of the few alternatives available to achieve these objectives at an acceptable risk.

The Future of Fuel Diversity: Crisis or Euphoria?

The fragmented electric industry structure poses an obstacle to a more stable, diverse, and secure power supply.

The Future of Fuel Diversity

The fragmented electric industry structure poses an obstacle to a more stable, diverse, and secure power supply.

Daily news headlines have drawn attention to concerns about fuels, especially the rising prices of oil and natural gas. Fears of interruptions of oil exports from Iraq, Iran, Russia, and Venezuela (take your pick) roil the energy market. But coal is not exempt from bad news, as production declines reduce output from Eastern U.S.

Profiting from Transmission Investment

A holistic, new approach to cost/benefit analysis.

A holistic, new approach to cost/benefit analysis.

The still-fresh memories of last year's Northeast blackout coupled with rising congestion nationwide have increased awareness of the electric transmission investment shortfall in the United States. Such investment, in the right locations, would have a highly positive benefit-cost ratio. But how much should be spent?

The Growth Divide

Will a back-to-basics strategy meet investor expectations?

The debate over how utilities should honor their obligation to stockholders is an issue that is coming to the fore with greater force. But this time there seems to be quite a difference of opinion over strategy — or so we found in our annual finance issue.

The Dividend Yield Trap

Higher payouts aren't enough over the long term.

Higher payouts aren't enough over the long term.

The past two years witnessed the ascendancy of dividend yield in the valuations of U.S. electric utilities. The recent primacy of yield in utility-industry valuations is the product of a unique confluence of factors. The collapse of most of the industry's non-regulated growth initiatives has resulted in a market that attributes little value to the industry's growth prospects beyond that which has been historically generated by the expansion of rate base-1 to 3 percent.

Debilitating Doctrine

How the filed-rate policy wreaks havoc — and what courts can do about it.

Like many venerable legal rules, the filed-rate doctrine is rarely questioned. Over the last century, it has served many important purposes. However, with deregulated wholesale electric power markets at the federal level and various degrees of deregulation across the states, both the doctrine's continued applicability and usefulness are suspect.

FERC Versus Bankruptcy Jurisdiction: A Double-Edged Sword

Commission Watch: Be careful what you wish for.

Financially troubled companies and their actual and potential counter-parties in many cases will continue to have difficulty in assessing business, default, and credit risks. The United States Court of Appeals for the Fifth Circuit ruled in favor of bankruptcy court jurisdiction over requests to reject FERC-jurisdictional wholesale electricity sales contracts. Yet the court did not resolve — and arguably magnified — uncertainties about the standard that should be employed by a bankruptcy court in considering such a request.

People: November 2004

People

Jack Hawks took on the added role of EPSA's acting vice president of policy; David Barnes joined Commerce Energy as vice president, Finance & Investor Relations; Terry Winter assumed the newly created position of executive vice president, Advanced Grid Solutions at American Superconductor Corp.; and more.

The New Money Pipelines

Business & Money: Merchant plants now draw investors from three different worlds — each with its own agenda.

It's tempting to chalk up the recent bubble in merchant generation to just another industry cycle, but there's more to consider. Investors have not made a wholesale exit from power finance. It is true that many have taken significant losses. It is also true that some remain wary. Despite all this, investors continue to enter the market and address the needs of the industry today.