Commission

The New York Public Service Commission has authorized Niagara Mohawk Power Corp., to set up an emissions reduction credit pool to assist economic development efforts in the state.

It also approved the utility's plan to fund the pool with more than $700,000 of existing deferred credits owed to ratepayers from previous sales of sulfur-dioxide allowances.

The company plans to sell the credits at market value and as part of special discount electric service tariff offerings.

Unexpected price increases for natural gas during the past winter heating season have stimulated action by state regulators across the country. Most recently, North Carolina and New Mexico have approved changes in adjustment clause and billing rules to temper the effect on consumers.

North Carolina. The North Carolina Utilities Commission opened a generic proceeding to consider shortening the notice period required for changes to benchmark natural gas commodity rates by local distribution companies.

The New York Public Service Commission has asserted authority to mandate direct-access pilot programs to give supply choice to energy consumers, noting that state authority is crucial to filling a regulatory "vacuum," since the Federal Power Act withholds authority from the Federal Energy Regulatory Commission to mandate retail wheeling.

The case involved a pilot program developed by Dairylea Cooperative Inc.

The Colorado Public Utilities Commission is expanding its investigation into the unbundling of natural gas local distribution services and rates.

The staff investigation follows a report on gas industry restructuring to the state Legislature by Hagler Bailly, a consulting firm, and a commission hearing on the report. According to the commission, this "next step" in the review process is designed to solicit further input from stakeholders and to refine the issues into an unbundling framework.

U.S. District Court in New Hampshire has denied a move by customers and ratepayer groups to intervene in litigation on electric restructuring simply on the basis that they wanted lower rates.

The court said that a general desire to pay lower rates was not specific enough to intervene in the lawsuit, which was filed by several large electric utilities to challenge elements of the plan for competition approved in February by the state Public Utilities Commission. See, Re Restructuring New Hampshire's Electric Utility Industry, Order No. 22,514, 175 PUR4th 193 (N.H.P.U.C.).

The Federal Energy Regulatory Commission has approved the merger of Brooklyn Union Gas Co. and neighboring Long Island Lighting Co., although concerns emerged about potential vertical market power. A new holding company, temporarily called HoldCo, will run the merged corporation.

At the same July 16 meeting, FERC indirectly sanctioned the merger of Texas-based Valero Energy Corp. with PG&E Corp., the holding company (created Jan. 1, 1997) for California-based Pacific Gas & Electric Co.

LILCO + Brooklyn Union.

U.S. District Court in New Hampshire has denied a move by customers and ratepayer groups to intervene in litigation on electric restructuring simply on the basis that they wanted lower rates.

The court said that a general desire to pay lower rates was not specific enough to intervene in the lawsuit, which was filed by several large electric utilities to challenge elements of the plan for competition approved in February by the state Public Utilities Commission. See, Re Restructuring New Hampshire's Electric Utility Industry, Order No. 22,514, 175 PUR4th 193 (N.H.P.U.C.).

The Federal Energy Regulatory Commission invited industry representatives to Washington, D.C., in July to talk about the electric utility industry's implementation of OASIS, or open-access, same-time information system, which is used to monitor and schedule electric transmission capacity.

It ended up with an earful about problems on the on-line system.

Gerry Cauley, of the industry's volunteer "How Working Group," said, "Overall, the OASIS does provide comparable access," and the system is seeing reservation activity at expected levels.

Commissioner William L. Massey said four issues would dominate the fall electric agenda of the Federal Energy Regulatory Commission: Orders 888 and 889 implementation, mergers, independent system operators and reliability.

Speaking on Sept. 11 at the PowerMart Power '97 conference and expo in Houston, Massey said the FERC hoped to issue a major order this fall on elements of California restructuring to ease implementation of the ISO and power exchange by Jan. 1, 1998.

John Quain, chair of the Pennsylvania Public Utility Commission, who helped draft legislation to introduce electric competition in his state, predicts that natural gas deregulation is next on the agenda.

In fact, the Gas Customer Choice Act was pending in the House and Senate in the Pennsylvania Legislature.

Speaking at the American Gas Association's Natural Gas Roundtable on July 16 in Washington, D.C., Quain predicted a customer choice bill would be signed either this calendar year or early in 1998.