Law & Lawyers

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.

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.

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.

FERC Sets Guides for SO2 Emission Allowance Cost Recovery

The Federal Energy Regulatory Commission (FERC) has approved a policy statement and interim rule establishing guidelines for recovering the cost of sulphur dioxide (SO2) emission allowances in wholesale rates. The FERC also ruled that utilities do not need its approval to sell or transfer emission allowances, because allowances are related to electric generation, which lies beyond FERC jurisdiction (Docket No. PL95-1-000).

Ohio Pushes Local Service Competition

The Ohio Public Utilities Commission (PUC) has reaffirmed its desire to open local exchange telephone markets to competition, urging "all deliberate speed." The PUC voiced its telephone competition policy in approving a new, six-year, price-cap regulation plan for Ameritech Ohio, a local exchange carrier (LEC). The plan, which reduces the LEC's revenue by $92.3 million, cuts intrastate toll charges by $7.9 million, residential rates by $55 million, and access charges for long-distance carriers by $8 million.

Onsite Storage: The Impact of State Regulation on Nuclear Policy

(SIDE SUBHEAD)

Nuclear plant licensees could face an added level of state regulation just as they move to cut costs.Permanent disposal capacity for low-level radioactive waste (LLW) and spent nuclear fuel, long a top priority for the nuclear industry, has not yet become a reality. But the storage question draws more attention for its impact on nuclear power costs as electric generation grows more competitive.

FERC Claims Power to Order Dam

The Federal Energy Regulatory Commission (FERC) has adopted a policy statement on hydroelectric plant decommissioning, claiming authority to deny new project licenses when existing licenses expire and to order owners to remove a dam during the relicensing process. These measures would only be applied if the FERC concludes that a project, no matter how many conditions were imposed, could no longer meet the comprehensive development standard of the Federal Power Act (FPA) (Docket No. RM93-23-000).

The statement was one of three hydroelectric orders considered as a group.

West Virginia Examines LEC Competition

The West Virginia Public Service Commission (PSC) is investigating whether to adopt rules it could apply "in the event of competition" in the telecommunications local exchange market. It said it would not promulgate its own proposed rules at this time, and invited submission of suggested rules by February 21, 1995. Re Competition for Local Exchange Services, Case No. 94-1102-T-GI, Nov.

Perspective

Our industry stands at the threshold of significant change. Competitive forces and significant technological advances beckon the nation's electric utilities to step forward. The electric industry has the opportunity to create a future that provides the benefits of competition to all customer groups. If we don't restructure, someone else will do it for us.

Idaho Seeks Improvements in LEC Regulatory Plan

The Idaho Public Utilities Commission (PUC) has decided to continue its five-year-old revenue sharing plan for U S WEST Communications, a local exchange telephone carrier, for one year. It initiated a workshop to develop a new regulatory plan for the carrier, and also proposed specific quality-of-service standards and penalties due to a recent decline in service quality.