Law & Lawyers

Restoring Financial Balance

With looming mandates and aging infrastructure, utilities need regulatory support.

The balance of stakeholder interests in utility ratemaking has shifted over the past decade toward achieving social policy goals. A more sustainable balance is required if utilities and regulators hope to preserve utility service quality and affordability.

Battle Lines:

2011 Groundbreaking Law & Lawyers Survey and Report

With a flurry of major new environmental regulations, the Environmental Protection Agency (EPA) is altering the power generation landscape. But will the new federal rules survive court challenges—to say nothing of next year’s national elections? Fortnightly's Michael T. Burr considers the controversy over new environmental standards. PLUS: Top Utility Lawyers of 2011.

Treading Water

Despite market turmoil, state commissions refuse calls for an ROE boost.

(November 2011) Our annual survey of rate cases shows that despite volatility in financial markets, state regulators are holding utilities to a high standard for boosting their returns on equity (ROE). The latest data is added to Fortnightly.com's exclusive online ROE survey database, the largest free source of rate case information anywhere on the Web.

Bench Report: Top Ten Legal Decisions of 2011

1. ‘Policy’ Guides the Grid; 2. Carbon Not a Nuisance (Yet); 3. Gigabucks for Negawatts; 4. A MOPR, Not a NOPR; 5. Ramp Up the Frequency; 6. Cap-and-Trade Still Lives; 7. Cyber Insecurity; 8. Korridor Killer; 9. The Burden Not Shared; 10. Ozone Can Wait.

EPA's Winding Road

How we got here and what to expect.

New air quality regulations, including the Cross-State Air Pollution Rule, have prompted substantial investments in emission control upgrades. But a series of additional standards—for mercury, toxins, cooling water and ash residue—are driving delays and shutdowns in the coal-fired power fleet. Investment decisions depend on a clear understanding of where EPA is headed, and how the new regulations will affect generators’ costs—and market prices.

Letters to the Editor

(December 2011) Responding to Contributing Editor John Bewick’s analysis of factors impeding the nuclear renaissance in the wake of the Fukushima disaster. Plus comments about construction work in progress provisions as a strategy for saving ratepayers' money.

People (December 2011)

Iberdrola USA names new vice presidents; Michigan Governor appoints new commission chair; AGA and INGAA name new chief executives; plus senior staff changes at American Electric Power, Dynegy, GDF SUEZ, and others.

Transactions (December 2011)

Riverstone/Carlyle acquire eight power plants; Entergy pays $346 million to NextEra for Rhode Island plant; plus asset sales by First Energy and Thermo Cogen, and debt issues by MarkWest, Atlantic Power, Mississippi Power, and SCE totaling $1.6 billion.

Capacity Value Trap

Are merchant power assets overpriced?

By some measures, merchant power assets look like a bargain, selling for well below their replacement cost. But whether low prices signal a buying opportunity or a value trap depends on the outlook for electricity demand growth—not just in the long term, but also in the fairly immediate future.

Open Access on Trial

The old rules don’t always fit with new commercial realities.

To encourage billions of dollars of investment into America’s transmission grid over the next several decades, the Federal Energy Regulatory Commission (FERC) is restructuring its regulatory policies to bring market-based solutions into the framework for planning, construction, and operation of new transmission lines. The recent Order 1000 is the most dramatic example of this effort. But as FERC has learned before, one set of rules doesn’t serve the financial and commercial needs of all market participants.