bankruptcy

Debilitating Doctrine

How the filed-rate policy wreaks havoc — and what courts can do about it.

Like many venerable legal rules, the filed-rate doctrine is rarely questioned. Over the last century, it has served many important purposes. However, with deregulated wholesale electric power markets at the federal level and various degrees of deregulation across the states, both the doctrine's continued applicability and usefulness are suspect.

Perspective: Don't Fence Me Out

Hard-and-fast ring-fencing rules are not the best way to maintain order in the partially deregulated utility sector.

In times of stress due to financial setbacks or pending merger issues, regulatory ring-fencing or internal company structural separation can serve a beneficial purpose. But beware! Predicting the future is an impossible task: Utility regulators should hesitate before putting policies in place today that limit managerial discretion in the future, based upon the belief that they possess that ability.

The Future of Fuel Diversity: Crisis or Euphoria?

The fragmented electric industry structure poses an obstacle to a more stable, diverse, and secure power supply.

The Future of Fuel Diversity

The fragmented electric industry structure poses an obstacle to a more stable, diverse, and secure power supply.

Daily news headlines have drawn attention to concerns about fuels, especially the rising prices of oil and natural gas. Fears of interruptions of oil exports from Iraq, Iran, Russia, and Venezuela (take your pick) roil the energy market. But coal is not exempt from bad news, as production declines reduce output from Eastern U.S.

CFOs speak out: Growth Strategy for the 21st Century

For The 21st Century

For The 21st Century

Interviews by

So it begins again. After several financially tumultuous years, executives at many of the nation's top utilities can once again look to the horizon and ask the growth question worthy of a Caesar: "What worlds to conquer?"

Utility executives are emboldened by bulging free cash flows, improved credit quality, lower operations and maintenance costs, favorable regulatory treatment, growing service territories, and increasing demand for power.

Business & Money: Fencing in the Regulated Utilities

Credit-rating linkage harms certain power companies. Ring-fencing is the best answer for regulators.

Ring-fencing may be the only regulatory device capable of leveling the playing field and forcing the holding companies to absorb the consequences of failed non-utility investments.

Risk-Management Principles for the Utility CEO

Board coordination is the key.

Board coordination is the key.

Many utility CEOs are happy to pass off risk-management policy to the CFO and the head of the trading desk. After all, with deregulation and re-regulation, collapsing spark spreads, hypersensitive rating agencies, and nervous investors, there is enough to worry about. So what's the problem? If the financial guys control and report the risks and profits and losses (P&L) within risk tolerances, why should the CEO be concerned about risk management?

The New CEO's

Michael G. Morris

Interviews

For Public Utilities Fortnightly's 75th Anniversary CEO issue, the magazine looked to the horizon and asked these new captains about the planned course for their companies, and for an entire industry.

Business & Money: Bringing Back The Greenbacks

A spate of proposed U.S. tax rule changes soon may open a window of opportunity for certain utilities.

The proposed Homeland Investment Act on Repatriation may soon open a window of opportunity for U.S. companies with unrepatriated foreign earnings. If passed, it potentially would allow U.S. utilities to bring money back into the country without harsh tax penalties, thereby freeing up capital to reinvest in assets here, pay down U.S. debt, or fund other liabilities.

Commission Watch: The Tyranny of FERC

The commission's power grab over bankruptcy courts condemns merchants to a corporate netherworld.

A new district court decision out of Texas tilts the field in favor of FERC's assertion of exclusive authority over who decides whether a debtor can terminate unprofitable power contracts. For merchant energy companies struggling with dwindling capital and mounting credit risks, this change could mean bankruptcy is no longer a viable option for reorganizing.

Banking on Predictability

A renewed capital investment structure is required for long-term investment in power infrastructure.

What is the relationship between capital investment and sustainable power infrastructure? A Lehman Bros. investment banker argues for a financing mechanism similar to that used with Public Utility Regulatory Policies Act contracts.