Law & Lawyers

Utility Impedes Competition in Ohio

The Ohio Public Utilities Commission (PUC) has concluded that an Ohio Edison Co. contract to provide thermal cooling service to the Mahoning County Jail, at revenues below the actual cost of providing service, was negotiated for the purpose of destroying competition. A competing thermal services company, Youngstown Thermal Limited Partnership, had alleged that Edison proposed to engage in the cooling business without PUC authorization and at a below-cost rate that violated PUC rules.

Retail Wheeling Rates Upheld

The Michigan Public Service Commission (PSC) has denied requests to modify its newly instituted retail wheeling experiment (see 161 PUR4th 441). However, the PSC did clarify its ruling to permit a form of "self-service" wheeling by the Dow Chemical Co. (em a limited partner, along with Consumers Power Co., in the Midland Cogeneration Venture (MCV). Dow had asked the PSC for an exemption from restrictions on participation by utility affiliates as third-party providers in their own service territory.

R.I.: Competition Must Reduce Rates for All

Working to identify a set of specific issues for consideration in its investigation of competition and open access for the electric industry, the Rhode Island Public Utilities Commission (PUC) has refused to permit additional costs for environmental improvements and the development of renewable resources.

LDC Must Study Externalities

The Massachusetts Department of Public Utilities (DPU) has accepted a settlement agreement calling for approval of gas-forecasting, supply-planning and demand-side management (DSM) efforts by Berkshire Gas Co., a natural gas local distribution company (LDC). Nevertheless, the DPU directed the LDC to undertake a good-faith effort to quantify avoidable environmental costs

and to incorporate those findings in rescreening its DSM options.

Off Peak

Companies: BRAZ (Brazos Electric Cooperative); COA (City of Austin); CPL (Central Power & Light); CPS (Central Public Service); GSU (Gulf States Utilities); HLP (Houston Lighting & Power); LCRA (Lower Colorado River Authority); SPS (Southwestern Public Service); SWEP (Southwestern Electric Power); TNP (Texas New Mexico Power); TU (Texas Utilities Electric); WTU (West Texas Utilities).Assumptions: Statewide economic dispatch, where all utilities receive the market-clearing marginal energy cost for their generation (similar to studies that Moody's Investors Service has

LDC Shifts Stranded Demand Costs

The Minnesota Public Utilities Commission (PUC) has authorized Northern Minnesota Utilities, a natural gas local distribution company (LDC), to insulate shareholders from the effects of losing a large firm sales customer by reallocating associated demand costs among remaining firm customer classes. It allowed the LDC to pass the increased costs through its purchased adjustment clause, finding that the utility was now alerted to the problem and had taken action to protect itself and its ratepayers from stranded costs caused by customers switching to interruptible transport service.

Space Heating Discount Scrutinized

While approving a proposed rate discount program for new electric heating customers, the Maine Public Service Commission (PSC) has ruled that the program must meet "permanent load" requirements designed to protect ratepayers. Bangor Hydro-Electric Co. had filed proposals to market power to new electric heating customers at 5 cents per kilowatt-hour, as a temporary addition to its load requirements, with a price floor based on short-run marginal costs.

N.J. Updates Economic Development Rates

The New Jersey Board of Public Utilities (BPU) has approved a plan by Jersey Central Power & Light Co. to replace its existing economic development tariffs with a new "Business Enhancement Incentive" rider. The tariff revision would continue programs designed to further the building expansion and use plans of large customers by offering discounted rates, but would eliminate ineffective programs such as per-worker rebates, priority location rebates, and high energy-efficiency programs.

IXC Market Share a Trade Secret

The Montana Public Service Commission (PSC) has ruled that market-share data filed by telecommunications interexchange carriers (IXCs) in a case governing pricing for intrastate intraLATA toll calls fits the legal definition of a trade secret. As such, the data deserved ongoing protection from disclosure to the public. The PSC added that whether releasing the information might serve a useful purpose (em such as invigorating competition in the marketplace (em was not a valid factor in deciding whether information should be protected.

Time Warner Hits Local Telephone Markets

The Ohio Public Utilities Commission (PUC) has approved an application by Time Warner Communications of Ohio, L.P. to operate as a local exchange carrier in 37 counties in the state. The communications company already

provides cable television service in most of the counties. The PUC will wait to authorize the company to begin switching telephone calls until a separate docket resolves a number of generic issues associated with the advent of competition in the local telephone market.