Law & Lawyers

FERC’s Market-Power Test: First, Do No Harm

Why a new market-power screen—accounting for the relationship between customers and suppliers in the wholesale marketplace—is a necessity.

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.

Gas Transport Rates: A Puzzling Prospect

Why does FERC want to limit pipeline discounts?

It's certainly puzzling, if not downright peculiar. That's the feeling one gets after studying the notice of inquiry (NOI) that FERC launched late last year, after nearly 10 years of dragging its feet, to re-examine the wisdom of encouraging the practice of rate discounting by interstate natural gas pipelines.

Giving Credit Where It’s Due

Utilities will gain from new regs for research tax credits.

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.

The Widening Technological Divide

Increased business and regulatory challenges have utilities lagging in investments to meet energy demand a decade from now.

The electricity enterprise has tended through restructuring to become a victim of its historic success in maintaining universal service reliability at ever-lower cost. The essential foundation for restoring enterprise vitality in the coming decade is rebuilding this fundamental public/private partnership, based on technology innovations that can increase the value of electricity service, including providing higher levels of reliability and security.

Spot-Market Clearing

Solving the electricity credit malaise.

A monthly billing cycle results in exposures of up to 60 days’ settlement. Participant default is likely, and the potential loss from such an event is significant. Spot-market clearing can solve these problems.

Exelon's Epic End Game

Electric M&A: The merger with PSE&G may herald a new industry structure, squarely at odds with regional markets.

The marriage between Exelon and PSEG would create the largest electric utility in the United States. The policy implications could loom even larger, however. Standing at risk is nothing less than FERC’s entire regulatory regime for approval of mergers and market-based rates.

Capacity Markets: A Bridge to Recovery?

A review of the ongoing evolution of market design.

While it appears that capacity markets are here to stay, there is little consensus regarding the best design. Markets in the United States are in a state of flux, with debate raging over many different capacity market pricing schemes. While the winning recipe has yet to be selected, it is likely that participants in certain markets will witness significant changes.

The Bigger CIS Picture

Data Mining and Warehousing: Many utilities have no ability to turn raw customer information into significant insights about their business.

The customer-information system (CIS) is the system of record for both customer and meter data, and in combination with asset databases, these information repositories comprise the lifeblood of every utility. They usually are not tuned for analysis or for easy reporting, so a single view of the customer and the business processes surrounding the customer does not exist in most of the systems in use today. Many utilities, as a result, are data rich but information poor. Enter the Data Warehouse.

The Man Who Would Be King

Exelon Chairman, President, and CEO John W. Rowe, on the proposed merger that would create the largest utility in the United States.

Exelon CEO John W. Rowe would head the largest utility in the industry, if a proposed merger with PSEG goes through. By creating a $40 billion market-capitalization utility, the newly formed company would be 60 percent larger than its nearest market-cap peer, and would have total assets of approximately $79 billion, with almost $25 billion in annual revenues and $3.2 billion in annual net income.