Commission

“I think in our business, meeting higher customer expectations and staying focused on that all of the time will ultimately serve your shareholders.”

“The nature of a leader is that they set targets that you can’t accomplish by extending a ruler over the past track record in getting there.”

(June 2006) Mirant Corp. appointed Jose (Joey) P. Leviste Jr. as chairman, president, and CEO of Mirant Philippines, and as a senior vice president of Mirant Corp. Ian C. Connor joined Goldman Sachs in 2006 as a managing director in its Power & Energy Group. Unitil Corp. shareholders elected Robert G. Schoenberger, Charles H. Tenney III, and Dr. Sarah P. Voll to its board of directors. Piedmont Natural Gas announced several changes in the company’s executive management team.

There’s been a lot of talk in the industry about new super powers for market enforcement, conferred by Congress on FERC in last year’s energy legislation. But this hasn’t been the case entirely. Many believe that FERC still labors at a disadvantage.

The expected increase in gas consumption for electric generation and high commodity prices has fueled a renewed interest in developing more LNG and other non-conventional resources (coal-bed methane, tight sands and shales, Arctic gas)

New regulations from FERC to prevent energy industry market manipulation take deep root in securities industry law. Modeled in part on the Securities Exchange Act of 1934 (Exchange Act), the Energy Policy Act of 2005 (EPACT) outlaws direct or indirect use or employment of manipulative or deceptive devices or contrivances in energy industries FERC regulates under the Natural Gas Act (NGA), the Natural Gas Policy Act of 1978 (NGPA), and the Federal Power Act (FPA).

If “perfect” be the enemy of the “good,” then look no further for proof than in Federal Power Act section 217(b)(4), enacted by Congress in EPACT 2005.

Important challenges still confront the development of a coherent strategy to create an efficient modern transmission system. Assuming FERC and Congress are earnest about creating a 21st century grid, new ideas, projects, and technologies need to emerge.

The Energy Policy Act of 2005 gave states a new federally enforceable right to access holding company books and records, but concern remains that some of these initiatives may run counter to the goal of capital attraction.

The high stakes turf battle over whether FERC or the federal bankruptcy courts have jurisdiction over rejecting wholesale power contracts is now in its third round. Round one was fought in 2003 in the NRG bankruptcy case and ended in a settlement among the parties. Round two followed with the Mirant Chapter 11 case. Now punches and counterpunches are flying in round three: the Calpine bankruptcy.