Law & Lawyers

State and federal regulators and the industries we regulate have donned life jackets. It's as if we are boating down the unexplored Grand Canyon with John Wesley Powell1 in 1869. We share a vague vision of what lies at the mouth of the canyon, but the rapids are treacherous and uncharted.

On the river, boatmen and women often scout the tough rapids from the shore. Back on the river, they carefully set themselves up at the proper position and angle, then apply deft, sometimes powerful, strokes at crucial moments.

The North Dakota Public Service Commission (PSC) has decided to consider different types of regulation for electric utilities and has issued a set of criteria to guide interested parties in formulating specific proposals for experimental programs. In a separate statement, however, Commissioner Leo M. Reinbold warned against making too much of the decision.

All proposals must promote increased utility efficiency and flexibility in meeting customer needs while allowing customers and shareholders to share in any benefits.

The New York Public Service Commission (PSC) has canceled efforts to develop a performance incentive mechanism for costs associated with the Nine Mile 2 nuclear power plant. The efforts stemmed from a 1993 settlement that determined recoverable plant operation and maintenance costs. The PSC said its staff had withdrawn from ongoing incentive negotiations, citing a "change in emphasis" from specific to broad-based incentives in electric regulation.

The Pennsylvania Supreme Court has upheld a Pennsylvania Public Utility Commission (PUC) ruling permitting Metropolitan Edison Co. to charge current ratepayers approximately $8.3 million a year for a portion of the cost of decommissioning the disabled Three Mile Island Unit 2 (TMI 2) nuclear generating plant. A lower court found the cost recovery improper because the plant was not and would not be "used and useful" in providing service to customers (see Irwin A. Popowsky v. Penn. PUC, 642 A.2d 648, 153 PUR4th 244 (Pa.Commw.Ct.