Law & Lawyers

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.

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?

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.

Rival Wins Gas Franchise in N.C.

The North Carolina Utilities Commission (NCUC) has granted a final certificate to Frontier Utilities of North Carolina, Inc., to provide natural gas local distribution service to four previously unserved counties. It found Frontier's proposed rates reasonable when compared to alternate energy sources in the four-county area, though somewhat higher than those proposed by Piedmont Natural Gas Co., Inc., an established LDC that had also applied for the franchise.

Frontier is a new company formed specifically to serve the four counties.

Perspective

Ah, the wonders of competition! Out with waste, in with efficiency. The prospects are exciting. So why look back wistfully?

If there is anything more abhorrent than wife-beating and drug abuse, surely it must be monopoly. Monopoly is un-American: To the economist it represents the very state of original sin. To the courts it ranks with conspiracy. Monopoly promises economic waste, throttled production, obscene profits, and naked power (em all rolled into one. Consider what used to be called the "public utilities." In that sphere, regulated monopoly flourished for many years.

Off Peak

As long as we're talking about "stranded costs," why not consider the "unearned gains" accrued during construction? Namely (em the allowance for funds used during construction (AFUDC) representing capitalized financing costs that built up to such high levels back in the 1970s, during the peak of the last construction cycle for baseload electric generating plants.

One can argue the policy: Did those 70's-era rules on AFUDC extract unwarranted economic rents for nuclear construction? Good or bad, those costs are sunk.

Court Reverses PSC on Sale of Telco Exchange

The Wyoming Supreme Court has ruled that the state Public Service Commission (PSC) acted outside of its authority when, in 1994, it directed U S WEST Communications, Inc., to sell a local telephone exchange to an unsuccessful bidder rather than to another company with whom the LEC had already contracted for the sale.

Earlier, the PSC had required upgrades in rural exchanges throughout the state, and had endorsed a plan to sell certain local exchanges to independent telephone companies in the public interest.

Gas Restructuring Leaves Doubts About IRP

In a case reviewing standards for integrated resource planning (IRP) set out in the Energy Policy Act of 1992 (EPAct), the Pennsylvania Public Utility Commission (PUC) has recognized that changes in the natural gas industry, combined with an evolution toward competition (both upstream and inside the city gate), "will make gas IRP a less-necessary commission function in order to insure least-cost gas service."

The PUC said most of its existing regulations were consistent with the federal standards; however, it rejected the EPAct standards regarding guaranteed profitability an

PSC Scales Back Residential Subsidy

The Michigan Public Service Commission (PSC) has directed Consumers Power Co. to scale back any residential rate subsidies. The order appeared during a review of a proposed settlement in a series of applications to increase rates, revise depreciation methods, and offer discounts to industrial customers.

The PSC added, however, that the company should not try to eliminate the entire subsidy in a single step.

LECs in Oregon to See Competition

The Oregon Public Utility Commission (PUC) has authorized three new telecommunications companies to provide local exchange service in competition with existing carriers U S WEST Communications, Inc. and GTE Northwest, Inc.