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Law & Lawyers

KCPL and UtilCorp Take the Merger Plunge

Kansas City Power & Light Co. (KCPL) and UtiliCorp United have propose to merge in a stock transaction valued at about $3 billion. Like MidAmerican before them, the utilities are calling the deal a "merger of equals" that will result in a company with about $6.4 billion in assets and about 2.2 million customers.

KCPL shareholders will receive one share of stock for each share of KCPL common stock; holders of UtiliCorp common stock will receive 1.096 shares. There are about 62 million shares of KCPL common stock and 46 million shares of UtiliCorp common stock outstanding.

Byline: 
Lori A. Burkhart
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CFTC Approves NYMEX Futuresb Contracts

The Commodity Futures Trading Commission (CFTC) has approved the New York Mercantile Exchange (NYMEX) applications for electricity futures contracts on delivery at the Palo Verde Switchyard in Arizona and at the California-Oregon border (COB).

Both contracts use a unit of 736 megawatt-hours (Mwh) delivered over one month. The delivery rate is 2 megawatts in every hour of the delivery period of 16 onpeak hours (0600 to 2200 hours). Both the rate and the period may be amended by mutual agreement of the buyer and seller.

Byline: 
Lori A. Burkhart
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SMUD Eyes Transmission Market

The Sacramento Municipal Utility District (SMUD) will hold a series of public forums on a new plan to offer electric transmission service under its wholesale point-to-point tariff. SMUD wants to divide its transmission system into five "highways," each carrying a

separate price tag capped at SMUD's cost-of-service (em ranging from $0.43 to $2.93 per kilowatt-hour per month.

Byline: 
Lori A. Burkhart
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N.H. Wheeling Pilot Nearly Ready

The New Hampshire Public Utilities Commission (PUC) has adopted second revised guidelines for its retail wheeling pilot program. The pilot is independent of full restructuring efforts.

The collaborative group working on the guidelines was unable to make a joint recommendation on stranded costs, but the PUC found no reason to deviate from the 50/50 split, with a true-up where needed. The pilot is limited to 3 percent of each utility's peak load for two years. Participants will be randomly selected from a pool of interested customers.

Byline: 
Lori A. Burkhart
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Reliability, Not Economy, Dictates Transmission Line

The California Public Utilities Commission (CPUC) has approved a proposal by Sierra Pacific Power Co. to construct a 345-kilovolt overhead transmission line, but not simply to gain access to low-cost power. Instead, the CPUC appeared to emphasize concern over reliability.

Sierra Pacific, involved in merger plans with The Washington Water Power Co., had cited access to low-cost power from the Bonneville Power Administration as an important reason to build the transmission line.

Byline: 
Phillip S. Cross
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PL94-4: Pricing for New Pipeline Construction

On May 31, 1995, the Federal Energy Regulatory Commission (FERC) issued its Statement of Policy in Docket No. PL94-4-000, Pricing Policy for New and Existing Facilities Constructed by Interstate Natural Gas Pipelines.1 In that decision, the FERC sought to provide upfront rate certainty, thereby giving pipelines and shippers a firm basis for making decisions on large-scale investments.

But is that objective realistic?

Byline: 
Jeffrey S. Hitchings
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Financial News

New England Electric System (NEES) and the majority leaders of both houses of the Rhode Island Legislature have proposed legislation that would restructure the state's electric utility industry. The legislation provides for full recovery of all stranded costs, and phases in open access for all retail customers by January 2001. Although customer choice would come about relatively quickly, rates would not decline much in the near term because a transition charge shields NEES from most of the restructuring risk.

Byline: 
Charles M. Studness
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Niagara Mohawk Fights Gas Import Tax

Niagara Mohawk Power Corp. (NiMo) has asked the Federal Energy Regulatory Commission to rule that a New York state law violates the Public Utility Regulatory Policies Act of 1978 (PURPA) by requiring ratepayers, in effect, to reimburse gas-fired QFs (qualifying facilities) for payments made under a state-imposed, 4.25-percent natural gas import tax.

NiMo says that the tax and the reimbursement mandate will add $7.2 million to the electric bills of its customers in 1996 (em a figure that could climb to $13.5 million by 2006.

Byline: 
Lori A. Burkhart
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Massey Urges Self-help for Pipeline Decontracting

Speaking at the American Gas Association's Natural Gas Roundtable in Washington, DC, on February 13, FERC Commissioner William L. Massey called on parties within the natural gas industry to resolve the problem of decontracting (capacity turnback) on natural gas interstate pipelines. Nevertheless, he offered a bit of help from the Federal Energy Regulatory Commission (FERC).

For its part, said Massey, the FERC will remain flexible, as shown by its order allowing Natural Gas Pipeline Co.

Byline: 
Lori A. Burkhart
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FERC Signals Flexibility on Open-Acces Problems

The Federal Energy Regulatory Commission (FERC) has approved a series of orders clarifying that it will not deny or revoke market-based, wholesale electric rates for utilities or their marketing affiliates without first allowing them to correct defects in their open-access transmission tariffs (Docket Nos. ER94-1045-000 et al., Feb. 14, 1996).

Utilities with existing market-based rates (or affiliates with such rates) will have 15 days to refine their open-access tariffs after the FERC identifies a problem (em only then will market-based rates be revoked.

Byline: 
Lori A. Burkhart
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