Law & Lawyers

Some utility execs gasp at the shear breadth of environmental proposals being bandied about during the past few weeks. Even the environmentalists are calling "historical" the extent to which different kinds of emissions will be regulated.

Why not let the industry make its own decisions on how to meet economy-wide reductions in greenhouse-gas intensity as a percentage of GDP? It can be demonstrated easily that the land requirements for biomass to replace fossil fuels far exceed what is available in the world and the United States, including croplands, pastures, and meadows.

The philosophy of "first, do no harm" has served the medical profession well for more than 2,000 years. Today, it may be equally good advice for FERC as it seeks to create fair and accurate screens to determine who does and does not have market power. One of the two interim screens FERC is using to evaluate applications for market-based rate authority may create a large number of false positives—power suppliers judged to have market power when in reality they do not. To remedy this, FERC should add a new market-power screen based upon an analysis of the actual relationship between customers and suppliers in the wholesale marketplace.

The 1990s ushered in the era of deregulation, bringing a reluctance of state commissions to approve large capital expenditures for transmission and distribution (T&D). To make up for this, capital spending has increased dramatically in the last few years. Now the federal government is stepping in to help utilities prime the pump. The final regulations, issued in early 2004 by the U.S. Department of the Treasury, should make it a little easier for utilities, as well as other taxpayers, to use research and development (R&D) expenditures to help lower their effective tax rates.