Law & Lawyers

Merger Terminated: Chess Game Contines

Central and South West Corp. notified bankrupt El Paso Electric Co. (EPE) on June 9 that it has terminated the companies' proposed merger. CSW had informed EPE on May 23 that it had breached the merger agreement by participating in discussions about and spending large sums on a possible stand-alone reorganization plan.

The CSW board of directors rejected EPE's request to extend the merger agreement for six months until December 8.

North Dakota Approves Certificates in Local Exchange Site

The North Dakota Public Service Commission (PSC) has approved new certificates for local telephone service for 68 exchanges sold by U S WEST Communications, Inc. to a group of independent telephone companies in the state. The PSC had prepared to perform a full examination of the $137.5-million sale, when the state legislature passed a new law eliminating its jurisdiction over the disposition of tangible assets by U S WEST.

Michigan Gets Retail Wheeling Rates

The Michigan Public Service Commission (PSC) has set rates and charges for delivery service for a five-year experimental retail wheeling program involving Detroit Edison Co. (DE) and Consumers Power Co. (CP). The program will be implemented the next time the utilities solicit new capacity (Case No. U-10143/10176). The ruling follows an April 11, 1994, PSC order approving the framework for the retail wheeling experiment. The rates pertain to industrial customers with 5 megawatts of retail delivery capacity that use about 3 million kilowatt-hours (Kwh) of electricity per month.

Nuclear Storage at Issue iin Minnesota Decommissioning Case

The Minnesota Public Utilities Commission (PUC) has reaffirmed an earlier decision

allotting another

14.8 years of service to two Prairie Island nuclear units owned by Northern States Power Co. The PUC turned back claims that it should shorten the remaining life estimate because the utility might be unable to secure offsite storage for spent fuel from the plant.

FERC Passes on Trojan Contract Dispute

The Federal Energy Regulatory Commission (FERC) has allowed an Oregon state court jurisdiction over a contract dispute between Portland General Electric Co. (PGE) and Southern California Edison Co. (SCE) (Docket No. EL94-92-000).In 1987, the FERC accepted a contract for PGE to sell SCE long-term system power and for a mutual exchange of capacity and energy. In 1994, SCE filed a complaint in Oregon state court, alleging that PGE had defaulted on the contract by closing the Trojan nuclear plant. SCE argued that its continued performance under the contract was excused.

FERC Creates Companion to NOPR

The Federal Energy Regulatory Commission (FERC) has issued a companion order to its open-access Notice of Proposed Rulemaking (Docket No. ER93-540-003). The new order offers guidelines for presiding judges and participants in pending open-access cases that concern public utilities' offers of nondiscriminatory services.

RTGs Make Progress

The Southwest Regional Transmission Association (SWRTA) has filed amended bylaws with the Federal Energy Regulatory Commission (FERC), incorporating two FERC conditions: 1) comparable transmission service, and 2) a single regional transmission plan. To achieve comparability, each transmitting member subject to FERC jurisdiction under sections 205 and 206 of the Federal Power Act will file comparable transmission service tariffs with the FERC.

Global Power Projects: Evaluating Market Potential

The Geneva summit between Ronald Reagan and Mikhail Gorbachev signaled the beginning of the end of the Cold War. With a diminished threat of East-West confrontation, countries throughout the world gradually reoriented their priorities (em away from politico-military security and toward economic development. To paraphrase Woodrow Wilson, the end of the Cold War had made the world "safe for capitalism."Now, 10 years later, with a few notable exceptions in the Balkans and elsewhere, evidence abounds to support that appraisal, from Argentina to Prague to Manila.

Financial News

Traditional utility regulation has been unable to prevent the electric rates of some utilities from rising far above those of neighboring companies. Two factors are responsible for this failure. First, regulators lack the means to keep seemingly reasonable but unnecessary costs from creeping into rates. Second, ratemaking considers a utility's costs in isolation and does not use peer benchmarks to true up rates.

Political pressure helped limit rate increases for nuclear plants during the 1980s.

The Efficient Utility: Labor, Capital, and Profit

Are utilities working at top productive capacity? A novel look at 19 investor-owned electrics in the Sun Belt.

Major restructuring is expected to hit investor-owned utilities (IOUs) over the next decade. Competitive market forces, in place of rate-of-return regulation, will require many companies to evaluate their resource allocations. No longer will singular adjustments in resource use suffice when both capital and labor resources must be realigned.