Energy Policy Act

The Federal Energy Regulatory Commission (FERC) has issued two orders that indicate for the first time how it would implement the prohibition against "sham" transactions under the Energy Policy Act. The separate decisions involve requests by two municipalities for orders requiring utilities to wheel power.

In one order, the FERC denied a request by the City of Palm Springs, CA, for electric transmission service from Southern California Edison (SCE) under sections 211 and 212 of the Federal Power Act (FPA) (Docket No. TX96-7-000).

The New Jersey Board of Public Utilities (BPU) has approved Jersey Central Power and Light Co.'s offer to help a local qualifying cogeneration facility (QF) switch its status to that of an exempt wholesale generator (EWG). The QF, NRG Generating (U.S.), Inc., a subsidiary of Northern States Power Co., seeks the change in classification due to concerns about potential future reductions in the need for steam at its host industrial facility owned by Du Pont de Nemours and Co.

Coopers & Lybrand has released its 1996 Electric Municipalization Review, which examines the two municipalizations completed since the Energy Policy Act of 1992: Broken Bow, OK, and Bozrah, CT.

Broken Bow, which began operating in 1995, serves the new six-megawatt (Mw) load of one industrial customer and owns no electric facilities; Public Service Co. of Oklahoma serves town residents. The Town of Bozrah had been served by a privately held corporation, Bozrah Light & Power (BL&P), whose owner was retiring and wanted to sell.

If the new rules of electric industry competition don't permit stranded-cost recovery, the credibility of the U.S. government would be seriously undermined. Or so an executive of one of the country's largest utilities told a Senate energy panel."We just have to keep in mind we incurred these costs based under what the rules were," said Jerry Jackson of Entergy Corp. "If the government is going to change those rules . . .

Filings Against FERC's Pro Forma Tariffs

AS ONE MIGHT EXPECT, THE VARIATIONS REFLECT THE HISTORIC TENSION BETWEEN NATIVE LOAD AND WHOLESALE TRANSACTIONS.

In a case reviewing standards for integrated resource planning (IRP) set out in the Energy Policy Act of 1992 (EPAct), the Pennsylvania Public Utility Commission (PUC) has recognized that changes in the natural gas industry, combined with an evolution toward competition (both upstream and inside the city gate), "will make gas IRP a less-necessary commission function in order to insure least-cost gas service."

The PUC said most of its existing regulations were consistent with the federal standards; however, it rejected the EPAct standards regarding guaranteed profitability an

With a CTC likely to cover stranded costs,

aggregators must somehow find power cheap

enough to offer real savings.

Retail aggregation: Wherever you stand, it appears 1998 could be the year of reckoning.

By then (em say those watching the future of aggregation in the "leader" states of California, New York, Massachusetts, and New Hampshire (em rulemakings will have sorted out the issues of stranded costs, distribution, and reliability.

Divest yourself of generating plants or allow retail sales by competitors, and PURPA's mandatory purchase clause in section 210 will no longer hold.

That's the basic deal to be offered to investor-owned electric utilities under the Electric Power Competition Act of 1996 (H.R. 2929), a new bill to amend the Public Utility Regulatory Policies Act (PURPA) introduced by Rep. Edward J.

The California Public Utilities Commission (CPUC) has declined to adopt standards in the Energy Policy Act of 1992 (EPAct) that concern integrated resource planning and energy efficiency for electric and gas utilities, exempt wholesale generators and affiliated transactions, and investment in foreign utilities.

The Federal Energy Regulatory Commission (FERC) has issued an order denying rehearing, effectively allowing Mojave Pipeline Co. (MP) to construct and operate its Northward Expansion Facilities in California (Docket No. CP93-258-007). The FERC has already issued five substantive orders in the proceeding.

Especially contentious was the clash with the California Public Utility Commission (CPUC) over jurisdiction, leading to a February 1995 FERC order holding that the Northward Expansion was an interstate pipeline subject to federal oversight.