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Law & Lawyers

New York Moves Toward Performance-based Regulation for LEC

A five-year, performance-based regulation plan for New York Telephone Co. (NYT) has been signed by the New York State Public Service Commission staff and 15 other parties. The plan calls for NYT to improve service quality, reduce prices, and foster competition in its service territory. NYT agreed to relinquish its right to file for general rate increases, but in exchange will receive increased regulatory flexibility.

The plan was negotiated over a two-year period and the PSC will review it over the next several months.

Byline: 
By Phillip S. Cross
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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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International Opportunities

Competition in electricity is part of a general trend toward deregulation (em from airlines to stock markets (em that characterized economic evolution in much of the western world during the 1980s. The move to liberalize electricity in some countries has been spurred on by the disenchantment of politicians and large customers with the traditional monopolistic arrangements. Monopoly not only prevented customer choice, but was increasingly seen as inefficient and paternalistic.

Byline: 
Alex Henney
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Oregon Court Upholds LEC Collocation Rules

The Oregon Court of Appeals has upheld rules implemented by state regulators requiring local exchange telephone carriers (LECs) to offer physical collocation to enhanced service providers. The court emphasized that the complaint brought by GTE Northwest Inc, an LEC, was limited to a "facial challenge" of the open network architecture (ONA) rules under state public utility law.

Byline: 
By Phillip S. Cross
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Perspective

The meltdown of the Clinton health reform plan suggests a return to competition-that managed care, capitated payment, and regional alliances will assume leading roles in the delivery of health service. But that conclusion may prove premature. Missing from the debate is a discussion of the true costs and implications of these emerging health alliances and health management organizations (HMOs).

Managed care may not offer the expected panacea for containing health costs.

Byline: 
Thomas P. Weil, PhD
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Zoning Change Raises EMF Concerns

The Rhode Island Supreme Court has ruled that the state commission did not err when it refused to reverse a decision by the Town of Portsmouth to rezone certain property from industrial to residential. Newport Electric Corp. had protested that the change could make it liable to EMF damage claims because of overhead power lines in the area.

Byline: 
Phillip S. Cross
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Tax Corner

Developers of independent power projects in foreign countries often try to set up the local-owner company to qualify as a partnership for U.S. tax purposes, even if the company is a corporation in the eyes of its government. This strategy enables the developer to defer U.S. taxes on his earnings from the project for as long as he is willing to keep the earnings abroad.

Under new IRS guidelines (Revenue Procedure 95-10) issued January 17, 1995, a foreign company qualifying as a partnership must have at least two shareholders.

Byline: 
Keith Martin
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NC Supreme Court Settles Avoided-cost Dispute

The North Carolina Supreme Court has upheld state regulators' decision to reprice payments made by Virginia Electric and Power Co. (Vepco) to Ultra Cogen Systems, a qualifying facility (QF), for power purchased under avoided-cost contracts approved by Virginia's commission. The North Carolina Utilities Commission (UC) had disallowed $1.39 million in capacity costs while setting rates for the utility's Carolina Power division.
Byline: 
Phillip S. Cross
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Power Marketers Flex at FERC

Electric utilities beware. Power marketers are not only here to stay, but their ranks are growing. The Federal Energy Regulatory Commission (FERC) logged approximately 100 applications in 1994, compared to nine in 1993. About half have been acted on already.

The fledgling industry is also staking out its regulatory territory. Notably, on December 14, the FERC ordered the Tennessee Valley Authority (TVA) to provide nonfirm transmission service to AES Power Inc.

Byline: 
W. Lynn Garner and Lori A. Burkhart
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Illinois Rejects Monetization of Externatilies

The Illinois Commerce Commission (ICC) has reaffirmed earlier rulings that the state's least-cost planning laws must require consideration of the adverse external environmental costs of providing utility service. However, it rejected proposed new rules that would require monetization of the externalities based on projected costs of complying with future environmental regulations.
Byline: 
Phillip S. Cross
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