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Law & Lawyers

FERC Puts EBB Onus on Gas Industry

The Federal Energy Regulatory Commission has issued an advance notice of proposed rulemaking on "Standards of Communication Among Natural Gas Pipeline Companies and their Customers" (Docket No. RM96-1-000). At the same time, Commissioner James J. Hoecker urged the natural gas industry to continue its voluntary efforts to develop standards for electronic bulletin boards (EBBs). Commissioner Vicky A. Bailey agreed that the gas industry should take the lead, but warned that it has only a limited window of opportunity before the FERC takes over. Commissioner Donald F. Santa, Jr.

Byline: 
Lori A. Burkhart
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Coalition Seeks DOE Action on Nuclear Waste

The U.S. Department of Energy (DOE) has settled its lawsuit with the State of Idaho, clearing the way to resume shipments of radioactive waste from Navy ships to a DOE storage site in Idaho. DOE will pay Idaho $350 million and has promised to remove the Navy's spent fuel from the Idaho storage site by 2035 or face a $60,000-a-day penalty.

Byline: 
Lori A. Burkhart
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Capitol Hill: The Bells Toll for PURPA

The beleaguered Public Utilities Regulatory Policies Act of 1978 (PURPA) has a new assailant (em U.S. Rep. Cliff Stearns (R-FL). Stearns's bipartisan legislation, H.R. 2562, the "Ratepayer Protection Act," proposes repeal of section 210 of PURPA, which requires electric utilities to purchase power at avoided costs.

Byline: 
Lori A. Burkhart
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Financial News

When Niagara Mohawk Power Corp. announced its competitive restructuring plan on October 6, 1995, it broke ranks with what had been a curiously united front against competition. The opposition had learned to genuflect before the altar of competition, but then fight doggedly to keep markets closed. This united front had implied that competition would produce largely the same impact on all utilities, but that is not true. Competition offers lucrative long-term opportunities for some utilities and potential disaster for others.

Byline: 
Charles M. Studness
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Electric M&A: A Regulators Guide

In a little over a year, the electric utility industry has seen six significant mergers.1 This trend toward consolidation most likely will increase as the industry becomes more competitive.

Byline: 
David E. and Kimberly H. Dismukes
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N.C. Tightens Rules on Utility Promotional Programs

The North Carolina Utilities Commission (NCUC) has adopted a new set of guidelines to help settle disputes between electric and gas utilities over utility-sponsored promotional programs. It also established a rule for evaluating proposed incentive programs, approving a new food-service rate program designed by Duke Power Co. to encourage the installation of electric food preparation equipment in commercial kitchens.

Byline: 
Phillip S. Cross
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Illinois Court Rejects Electric Anti-bypass Rates

An Illinois Appellate Court has reversed a ruling by the Illinois Commerce Commission (ICC) that had allowed Commonwealth Edison Co. to enter negotiated rate contracts with up to 25 large general-service customers to retain existing load. The ICC had ruled that the antibypass tariff would not conflict with state laws requiring filing and publication of utility rates, because it must contain a description of the pricing and service parameters used in negotiating the individual contracts.

Byline: 
Phillip S. Cross
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Ohio Proposes Rules for LEC Competition

The Ohio Public Utilities Commission (PUC) has issued a proposed framework for competition in the local exchange telephone market. In a separate opinion, PUC chairman Craig A. Glazer noted that new market entrants in the state appear to be dominated by Time Warner.

Byline: 
Phillip S. Cross
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VA High Court Upholds LEC Price-cap Plan

The Virginia Supreme Court has upheld the state's decision to implement a price-cap

alternative regulation plan for Bell Atlantic-Virginia, Inc., a telecommunications local exchange carrier (LEC). Rejecting an appeal brought by the American Association of Retired Persons and other consumer groups, the court concluded that the Virginia State Corporation Commission had adequate support for its decision to replace existing ratemaking methods.

Byline: 
Phillip S. Cross
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Off Peak

At the November 1, 1995, meeting of the Natural Gas Roundtable in Washington, DC, a representative of the American Gas Association (A.G.A.) launched a blistering attack against the Energy Information Agency (EIA) for its forecasts of natural gas prices. In essence, A.G.A. complains that EIA's long-term forecasts have proven unreasonably high, softening enthusiam for gas-burning equipment (from turbines to gas water heaters).

As quoted by Gas Daily, A.G.A.'s representative said: "The bottom line is whose numbers are right.

Byline: 
David A. Foli and A. Clay Denton
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