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Law & Lawyers

World's Largest Geothermal is Formed

After much contention, California Energy Co. Inc. and Magma Power Co., both geothermal energy producers, have signed a merger agreement that will give Magma

stockholders $39 a share, or about $950 million in aggregate value. The agreement has been approved by both boards of directors. California Energy's tender offer included shares representing a majority of the voting power of Magma as well as funding of financing. The merger is also conditioned on the approval of California Energy's shareholders.

Byline: 
Lori A. Burkhart
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Citizens Utilities Expands in Telecom

Citizens Utilities Co. is continuing its aggressive expansion into the telecommunications business with an agreement to buy $292 million of telephone and cable television assets from Alltel Corp. However, the deal places the company's credit rating under increasing pressure.

Citizens will buy 109,000 telephone access lines in eight states, and acquire operations serving 7,000 cable television customers in four states. Alltel is a telecommunications and information services company based in Little Rock, AK.

Byline: 
W. Lynn Garner
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Minnesota DPS Blasts NSP Ethics

In a final decision issued December 6, Commissioner Kris Sanda of the Minnesota Department of Public Service (DPS) found that Northern States Power Co. (NSP) threatened the St. Paul Neighborhood Energy Consortium (Docket No. G,E002/CC-94-426). The consortium claimed NSP said it would withhold a contract to perform home energy audits if its Conservation Improvement Program (CIP) did not support dry-cask nuclear waste storage at NSP's Prairie Island nuclear plant.

While acknowledging the threat, Sanda found no evidence that the newly implemented bid process was tainted.

Byline: 
Lori A. Burkhart
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Westinghouse Cleared in Nuclear Reactor Case

On December 6, the jury in a three-month-old trial found that Westinghouse Electric did not engage in fraud by supplying two nuclear reactors with allegedly faulty steam generators to Duquesne Light Co. and four co-owners of the Beaver Valley I and II nuclear plants. The utilities had sought $350 million in compensatory damages, and originally charged Westinghouse with RICO violations, breach of contract and warranty, as well as fraud. But in October, U.S.

Byline: 
Lori A. Burkhart
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Consumers Power Calls for End to Rate Subsidies

Commercial and industrial customers of Consumers Power Co. paid almost $500 million above their actual cost of service to subsidize residential customers over the past five years, claims John W. Clark, Consumers Power senior vice president. "The current subsidy of residential electric rates by Michigan industry is shortsighted and costs Michigan jobs," he told a business roundtable in Detroit.

Byline: 
W. Lynn Garner
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FERC Denies Market Rates for Kentucky

The Federal Energy Regulatory Commission (FERC) has denied a request by Kentucky Utilities Co. (KU) to charge market-based rates for bulk-power sales. In a related action, the FERC called for a public hearing on KU's accompanying transmission tariff, which would establish point-to-point rather than network service.

Byline: 
W. Lynn Garner
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FERC Clarifies Gas Gathering Policy

The Federal Energy Regulatory Commission (FERC) has clarified the terms and conditions for default contracts designed for use on an interim basis when disputes arise over the sale or spinoff of pipeline-affiliated gas gathering systems.

Byline: 
W. Lynn Garner
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FERC Orders Comparable Rates for Texas Utilities

The Federal Energy Regulatory Commission (FERC) approved a final order requiring Texas Utilities Electric Co. (TU) and its affiliate, Southwestern Electric Service Co., to provide network transmission service to Tex-La Electric Cooperative of Texas Inc. (Docket No. ER94-1385-000). Network service allows multiple points of receipt and delivery at a single system rate. Tex-La, a customer of Texas Utilities and a bulk-power supplier for seven distribution cooperatives in Texas, is seeking to buy power from third parties and transmit the power over TU's transmission system.

Byline: 
W. Lynn Garner
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APPA Asks NARUC to End Rate Secrecy

In a letter to Ronald Russell, chair of the Electricity Committee of the National Association of Regulatory Utility Commissioners, Larry Hobart, executive director of the American Public Power Association, argues that investor-owned utilities should not be allowed to keep rates confidential. Hobart says that rate secrecy destroys electric industry competition and that secret sales are a form of predatory pricing barred by antitrust law. He also claims that secrecy violates consumers' right to know if they are paying their fair share of utility costs.

Byline: 
Lori A. Burkhart
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Davis Proposes Transportation Bill

At the National Association of Regulatory Utility Commissioners' quarterly meeting in Reno, NV, Edward M. Davis, president of NAC Holding Inc. and former president of the American Nuclear Energy Council, praised regulators for recognizing the need for a centralized interim storage facility for spent nuclear fuel by 1998 as well as the need for development of a transportation infrastructure.

Byline: 
Lori A. Burkhart
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