Law & Lawyers

Summer of Discontent

Smart-grid planners feel the heat.

State utility regulators begin to question the benefits of smart grid technology, and customers take to the streets in public protests and demonstrations to oppose installation of smart meters.

People (August 2010)

Exelon named Kathleen Barrón vice president of federal regulatory affairs and policy. American Electric Power (AEP) promoted A. Wade Smith to president and COO for AEP Texas. El Paso Electric promoted Mary E. Kipp to serve as senior v.p., general counsel and chief compliance officer. Chesapeake Utilities promoted Elaine B. Bittner to v.p. of strategic development, and she retains the position as v.p. of natural gas pipeline subsidiary, Eastern Shore Natural Gas. And others.

Green Blackouts?

Increasing renewable generation threatens reliability.

An increased reliance on renewable energy could threaten reliability of the nation’s electric transmission grids by reducing the rotational mass and rotational inertia of on-line turbine generators, thus, reducing the capability of generators to respond to drops in voltage frequency. In fact, data collected from 1994 to 2009 for the Eastern Interconnection already reveals a drop in the grid’s capability (as measured in megawatts) to stop a very rapid drop in frequency — such as a drop of a tenth of a cycle per second.

M&A Forecast

Will shifting winds bring consolidation?

A spate of newly announced deals, including Allegheny Energy’s proposed $9.27 billion acquisition of FirstEnergy, plus PPL’s takeover of E.ON US for $6.73 billion, has left the utility industry cautiously optimistic for a revival of M&A activity.

Transactions (September 2010)

In July 2010, ComEd brought $500 million worth of 10-year notes to market; Massey Energy acquired Marmet Dock from Kanawha River Terminals; Beacon Power raised $25 million in equity from Aspire Capital; other transactions involved Plains All-American Pipeline and Black Hills Corp.

Avoiding a Train Wreck

Fundamental issues set companies and regulators on a collision course.

Industry leaders see a disaster coming, as the need for infrastructure investments collides with the economic interests of utility shareholders and customers. In a shaky economy and a politically charged campaign season, proposals for new capital expenditures are certain to cause trouble. Avoiding the train wreck will require real leadership in finding compromise solutions.

People (September 2010)

Duke names chief communications officer; PG&E appoints integrated DSM vice president; Entergy promotes four execs; Puget Sound Energy’s Kim Harris to replace Steve Reynolds; Richard Riazzi becomes CEO of Duquesne Light; Fred Butler joins Opower advisory board; Tom Kuhn to Control4; plus personnel changes at California ISO, AEP, Chesapeake Utilities, Southern Company, Exelon and others.

Congestion Relief

Transmission expansion is only part of the remedy for system constraints.

Building new transmission across the entire U.S. is an idea that continues to dominate discussions about the future of electric power. Many believe large amounts of power need to be moved across the country, or that transmission is needed to relieve congested areas, or to make sure enough renewable power is built. But transmission capacity is only part of the remedy to system constraints, and policy decisions and investment strategies must be based on sound evidence and economically rational planning.

Hybrid Finance

A solution to high electricity prices in restructured states.

New baseload generation is needed in many areas of the United States, but financing new plants will be particularly challenging in restructured states where generation facilities are no longer included in rate base and therefore not financed through the traditional rate-of-return paradigm. A market hybrid approach—in which new baseload plants would be partially owned and financed by the regulated distribution company with the other portion owned and financed by the unregulated generation company—would combine the advantages of lower cost capital and regulatory oversight associated with traditional rate of return regulation, with the cost control and efficiency associated with competitive markets.