ComEd

News Analysis

State regulators say they won't bargain under "threat of blackouts," but their complaint only highlights how the power is shifting.

The Michigan Public Service Commission is concerned about power supplies this summer - so much so that for the third year in a row it has ordered electric utilities in the state to file plans assessing their generation and transmission capacity for the upcoming summer.

News Digest

STATE PUCS

Distributed Generation. In December and January the Illinois commission took comments from utilities, marketers, manufacturers, and trade and advocacy groups on how to develop policy on distributed generation.

* Rulemaking Strategy. Enron has urged the state to proceed in a fashion similar to the California PUC's

two-track investigation. It asked for two separate rulemakings on (1) interconnection standards for DG installations of 50 megawatts or less, and (2) rate design and operational issues.

* Unit Size Limits.

People

The National Association of Regulatory Utility Commissioners appointed James Bradford Ramsay its general counsel. Ramsay's career at NARUC began in 1990. He previously served as a rates attorney with the Federal Energy Regulatory Commission.

Chris Duhon, the former president of Houston-based Additech Inc., was named vice president and general manager of GRI's pipeline business unit.

Michael R. Peevey, founder and chairman of NewEnergy Inc., resigned in January. His company previously was called New Energy Ventures.

Commonwealth Edison Co. appointed Nicholas J.

A Subtle but Clear Preference for ISOs

Do not mistake the FERC's professed neutrality on what works best for regional transmission organizations.

In its final rule on regional transmission organizations, known as Order 2000,[Fn.1] the Federal Energy Regulatory Commission said it would not dictate to the electric utility industry whether and how to form RTOs. Don't be misled. The FERC claims to be agnostic,[Fn.2] but it still has a vision. And that vision leads inexorably to one conclusion. The preferred form for an RTO is the independent system operator, or ISO.

Frontlines

How 165 lawyers were mostly on the wrong side in the biggest electric merger to date.

With Warren Buffet buying up MidAmerican Energy as his own personal utility, and Bill Gates taking a stake in Avista, the standard electric merger starts to look tame.

For that and other reasons, I believe it's all but certain that the Federal Energy Regulatory Commission will soon OK the electric industry's biggest-ever merger, combining American Electric Power Co. with Central and South West Corp.

News Digest

Agency moves ahead despite ruling that Clean Air Act is unconstitutional.

By granting petitions filed by four Northeastern states seeking to reduce ozone pollution in their geographic areas through reductions in nitrogen oxide emission (NOx) from out-of-state sources, along with other initiatives, the Environmental Protection Agency on Dec. 17 began to clean the regulatory air that has grown murky as of late.

News Digest

State PUCs

Gas Capacity Rights. The New York PSC told retail suppliers that to serve firm retail gas load they must have rights to firm, non-recallable, primary delivery point pipeline capacity for the five winter months, November through March, or else must augment secondary capacity with a standby charge payable to local distribution companies holding primary rights.

People

Stephen W. Bergstrom was named president and chief operating officer of Dynegy Inc. Bergstrom formerly was president and COO of Dynegy Marketing and Trade and senior vice president of Dynegy Inc.

Texas-New Mexico Power Co. promoted Robert E. Castillo to vice president and regional customer officer for its Mountain Region. Castillo, formerly assistant vice president-New Mexico, replaces Allan Davis, who retired after 34 years with TNMP.

William W. Schivley was named president of Select Energy, Northeast Utilities System's marketing affiliate.

Perspective

The FERC didn't say, but honest lawyers want to know.

December was a grim month for those wanting the Federal Energy Regulatory Commission to further define the limits of a "sham transaction," as that idea is understood under the Federal Power Act, which dictates when an electric utility must offer transmission services to power producers, marketers or other utilities.fn1 Of the three cases concerning this issue that were pending before the FERC on the first day of the month, all were resolved. But none was explained.

One case was simply withdrawn.

Generating Plant Sales and Acquisitions: Who's Doing What, and Why

Sales prices for power generation assets in the United States during the past two years have climbed to unprecedented levels. This trend should continue. More than 20,000 megawatts of generation assets have been sold, with another 20,000 MW announced. During the next five years, it is expected that 70,000 to 140,000 MW will change hands. We have seen only the beginning of a massive redistribution of generation assets - from regulated utilities to unregulated marketers and plant operators.

In fact, the prices we've seen for generation assets may turn out to be bargains.