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.
State PUCs
T+D Investment Risk. The Maine PUC appeared to take a pro-consumer stance in setting principles it will use to set a revenue requirement for transmission and distribution (T&D) services provided by Bangor Hydro-Electric Co. after the company becomes a wires-only utility on March 1. The PUC downplayed the risk of wires operations, adopting a return on equity of 11 percent and disallowing about $3.5 million of some $71 million in claimed T&D costs.
Carmen Ana Cintron was named an administrative law judge at the Federal Energy Regulatory Commission. Cintron previously served as Hearing Office chief administrative law judge in the Office of Hearings and Appeals of the Social Security Administration in Chamblee, Ga.
Unicom Corp. appointed Elizabeth Anne "Betsy" Moler senior vice president for federal government affairs. Moler, an attorney in private practice in Washington, D.C., is a former FERC chair. Upon completion of Unicom's merger with PECO Energy, she will head the combined company's Washington office.
Nevada Gov.
State PUCs
Gas Retail Rate Design. In a move toward equalizing rates of return between customer classes, the Oregon PUC authorized Northwest Natural Gas Co. to increase base rates by nearly $246,000, at the same time boosting residential rates by 1.3 percent but lowering rates for large commercial and industrial users. It set return on equity at 10.25 percent, finding the rate "consistent with the downward trend of ROEs authorized by other regulatory commissions." Order No. 99-697, Nov. 12, 1999 (Ore.P.U.C.).
Electric Restructuring.
Mergers & Acquisitions
Joint Ventures. The Federal Trade Commission, in consultation with the Antitrust Division of the U.S. Department of Justice, issued draft antitrust guidelines for "collaborations among competitors" that will apply to a wide range of joint ventures and strategic alliances other than actual mergers.
Such collaborations would include R&D efforts, information sharing and joint efforts in marketing, distribution, sales or purchasing, plus various types of trade association activities. File No. 971201, Oct. 1, 1999 (F.T.C.), published at 64 Fed. Reg.
Cinergy Corp. named Sherrie N. Rutherford vice president of special projects for Cinergy Services Inc. Rutherford formerly served as vice president and general counsel for the pipeline group and trading operations, and associate general counsel for Reliant Energy Wholesale Group.
Philip R. Sharp, a former Indiana Congressman, will serve as advisor on consumer choice and energy deregulation at Columbia Energy Group. Sharp is a lecturer in public policy at Harvard University's John F. Kennedy School of Government and a member of the U.S. Secretary of Energy's Advisory Board.
State PUCs
Electric Standard Offers. Connecticut OK'd a regulated standard offer distribution rate of 10.84 cents per kilowatt-hour for United Illuminating Co. The rate included subcomponent rates:
Gen. Shopping Credit 4.52 cents
T&D Regulated Service 3.89 cents
Systems Benefit Charge 0.17 cents
Compet. Transition Charge 1.91 cents
Conservation Funding 0.3 cents
Renewable Energy Funding 0.05 cents
The T&D charge was calculated without backing out unbundled retail transmission subject to FERC jurisdiction. Docket No. 99-03-35, Oct.
Mergers & Acquisitions
CP&L + Florida Progress. Carolina Power & Light announced Aug. 23 that it would purchase Florida Progress Corp. for $5.3 billion in a combination that would create the nation's ninth-largest utility in terms of generating capacity, with $6.7 billion in annual revenues and 2.5 million customers in three states. CP&L would pay a premium (between 16.5 percent and 21 percent) over the pre-announcement share price of FP stock.
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.
Federal and state interests clash as the FERC battles California over the future of the state's power exchange.
The California Power Exchange will not outlive its four-year mandate because it cannot compete with lower-cost exchanges, such as the New York Mercantile Exchange, Automated Power Exchange and low-cost over-the-counter brokers. So says Edward Cazalet, chief executive officer at Automated Power Exchange and chief rival of the CalPX.