Commission

Pennsylvania Reviews Gas Balancing Charges

The Pennsylvania Public Utility Commission has authorized PG Energy Inc. to implement several tariff modifications

regarding balancing charges and transportation service requirements.

It permitted the LDC to impose a balancing charge of $0.66/Decatherm per unit of imbalance on transportation customers and aggregators whose actual daily deliveries of gas vary by more than 2.5 percent of requirements. The commission rejected a proposal to reduce the balancing charge to account for the offsetting nature of usage among transportation users as a whole.

Ohio Examines Electric Competition in Cleveland

The Ohio Public Utilities Commission has rejected a request by Cleveland Electric Illuminating Co. to expand its competitive discount pilot program into the western portion of the city. The program currently targets commercial customers in the eastern side of the city.

While finding that competition does exist "to some degree" on the west side of Cleveland, it does not encompass the entire area targeted by the utility's proposal, the commission said.

Texas Orders Nuclear Write-Down

In the first major rate proceeding under a new state law bringing competition to the wholesale electric market, the Texas Public Utility Commission has ordered Central Power and Light Co. to accelerate recovery of above-market generating investments and reduce and unbundle its rates.

The commission said the aging of existing electric facilities and the development of new technologies were driving generation costs down.

Maryland Says Electric Merger Won't Harm Market

The merger of Baltimore Gas and Electric Co. and the Potomac Electric Power Co. will not harm consumers by restraining competition in the electric market, according to the Maryland Public Service Commission.

The commission approved the merger provided Baltimore Gas and Electric lowers its customers' electric rates by $43.876 million and PEPCO lowers its Maryland customers' rates by $12.101 million. The competitive effect of the merger was still under examination at the federal level.

Electric Transmission: Jury Still Out on Flow-Based Pricing

Dominion Resources touts its "impacted" method, but opponents call it a "stalking horse" (em a scheme to avoid full review at FERC.

Is the Federal Energy Regulatory Commission prepared to accept true marginal-cost pricing for electric transmission?

With all the criticism leveled at the traditional "contract path," one would think that the FERC would consider a new approach to transmission pricing.

In fact, last year in its final Order No.

In Brief...

Sound bites from state and federal regulators.

IntraLATA Toll Calling. North Carolina says newly certified competitive local exchange telephone carriers must apply for separate authority to provide intraLATA toll services, even though incumbent local carriers need not do so. Docket No. P-100, SUB 133, March 31, 1997 (N.C.U.C.).

Dialing Parity. Oregon PUC adopts policies on telephone dialing parity to allow all telephone users who choose alternate carriers to make calls without dialing extra numbers. Order No. 97-107, March 18, 1997 (Ore.P.U.C.).

Payphone Subsidies.

Moody's Looks at Plant Divestiture

Moody's Investors Service has released a report that finds the most significant long-term implication of Order 888 for investors is for potential divestiture of transmission assets by investor-owned utilities.

The Moody's study, FERC Order 888 and Wholesale Competition: Catalyst for a New Market Model, also finds that divestiture by a vertically integrated utility may leave bondholders secured by a lien on relatively risky generating assets of often questionable market value, as opposed to the presently more diverse and balanced asset portfolio.

Murkowski to IRS: Hands Off Tax-Exempt Bonds

Senate Energy and Natural Resources Committee Chair Frank H. Murkowski (R-Alaska) has written a letter to Treasury Secretary Robert E. Rubin regarding regulation changes the Internal Revenue Service is considering, which would allow publicly owned utilities to expand use of tax-exempt bonds to compete against privately owned utilities.

Murkowski asked the IRS not to issue new regulations giving publicly owned utilities a "special competitive advantage" by allowing the companies to issue tax-exempt bonds.

FERC Asserts Jurisdiction in Nontraditional Mergers

The Federal Energy Regulatory Commission has approved three orders that together clarify the Commission's jurisdiction over corporate realignments.

The FERC found on April 30, that while it does not have jurisdiction over mergers of public utility holding companies, it does have jurisdiction over transfers of control (dispositions) of public utility facilities.

Perspective

Corporations will need FERC approval for a merger simply because they own paper assets that qualify as utility property.

In three companion orders issued April 30, 1997, the Federal Energy Regulatory Commission tried to stake out new jurisdictional turf. It attempted to expand its jurisdiction under section 203 of the Federal Power Act to cover "convergent" mergers and reorganizations involving electric utility holding companies and power marketers.