Law & Lawyers

Trends

Curbing Market Power:

The Larger, the Better

In recent years, increased competition and the threat of deregulation have spurred numerous mergers and acquisitions. Fourteen mergers have been completed by investor-owned utilities (IOUs) over the last five years; seven more have been announced. If all of these mergers receive approval, nearly 20 percent of the IOUs that existed in 1990 will no longer exist.

Calif. Restructuring Impairs Muni Credit Ratings

Moody's Investors Service has completed its Western Grid Surveillance Review, a study that assessed the potential impact of the California Public Utilities Commission's (CPUC's) electric restructuring proposal on municipal utilities in that region.

Joules

CMS Generation Co., a unit of CMS Energy Corp., has begun operating the 35-Mw, waste-wood-fueled, independent Genesee Power Station near Flint, MI. CMS Generation will sell the electricity to Consumers Power Co. under a long-term contract. Half the plant is owned by CMS, half by Black & Veatch Development Corp. and Genesee Power Co.

Another unit of CMS Energy, CMS Gas and Electric Marketing, has signed an agreement with Marine Coal Sales Co. of Indianapolis, IN, to market electricity, coal, and natural gas in the east central United States.

Midwest ISO Would Link ECA, MAIN

Six midwestern utilities have agreed to establish an independent system operator (ISO) to ensure nondiscriminatory open access to their combined bulk-power transmission systems.

Plans for the "Midwest ISO" should be filed at the Federal Energy Regulatory Commission (FERC) late in 1996. Members include American Electric Power Co. (AEP), Centerior Energy Corp., CINergy Corp., Detroit Edison Co., Northern Indiana Public Service Co., and Wisconsin Electric Power Co.

Boston Edison Proposes Real-Time Pilot

Boston Edison has proposed a unique pilot program that would allow 10 large customers to test hour-by-hour pricing. Although the one-year pilot is not a rate discount program, it would offer participants 10 percent off their demand charge (em in effect, a 4-percent discount. The pilot simulates a market price using a computer model that relays an hourly breakdown of costs to the customers. If the customers are able to respond and move their load around, they may save; if not, their electric bill may remain the same, or perhaps rise.

Raytheon Benefits From "Secret" Contract

The Massachusetts Department of Public Utilities (DPU) has approved a discount electric rate contract for defense contractor Raytheon Co., a customer of Massachusetts Electric Co. (ME). But the secrecy surrounding the contract has created an uproar.

Although the terms of the contract are confidential, Raytheon said the three-year contract would yield "significant savings" on its $20-million annual electric bill. ME called the discount an "economic development" contract, which would keep Raytheon and its 17,500 employees from leaving the state.

WP&L Withdraws From MAIN

Wisconsin Power & Light Co. (WP&L) has announced that it will withdraw from its current regional reliability council, Mid-America Interconnected Network, Inc. (MAIN), effective December 31, 1997. According to president and chief executive officer of WPL Holdings Errol B.

ComEd Saves Taxes on Byron Plant

The Illinois Property Tax Appeal Board has decided to cut taxes for Commonwealth Edison Co.'s (ComEd) Byron nuclear power plant. ComEd currently pays about $40 million in real estate taxes on the plant to Ogle County; the decision would lower the payments to $13.3 million. Ogle County will most likely appeal the decision, because certain local tax districts had planned on the revenue, and some have already spent the funds.

Restructuring Moves Forward in Massachusetts

The Massachusetts Division of Energy Resources (DOER) has filed its electric restructuring proposal, "Power Choice," as part of the Massachusetts Department of Public Utilities investigation into competition. The proposal will be considered along with restructuring plans submitted by the state's three largest utilities.

Power Choice calls for electric utilities to voluntarily separate into generation and distribution companies. Customers would continue to receive distribution service through their present providers; generation would become competitive.

MidAmerican Gets Market-Based Rates

The Federal Energy Regulatory Commission (FERC) has conditionally approved market-based rates for power sales by MidAmerican Energy Co., finding a lack of generation market dominance (Docket No. ER96-719-000).

In 1994, the FERC granted MidAmerican's affiliate power marketer, InterCoast Power Marketing Co., authority to sell power at market-based rates, conditioned on the submission by Iowa-Illinois Gas & Electric Co. (MidAmerica's predecessor in interest) of a tariff providing comparable transmission service.