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DOE Builds Base for Administration's Restructuring Bill

To predict the Clinton Administration's next step is foolhardy. And when it comes to the first federal restructuring bill, it's riskier still to rely on drafts that apparently were leaked to gauge reactions of the energy industry and media.

"There have been a gazillion versions of the bill which have been prepared," says a Department of Energy official.

Georgia To Open Gas Markets

The opening of the Georgia General Assembly on Jan. 13 prompted the Georgia Public Service Commission to push for competition in the state's natural gas industry. Following a December report by the Georgia House and Senate Gas Study Committees, legislation is expected this session to open up the gas market.

That report, in effect, rejected a proposal by Atlanta Gas Light Co. to enact competition. Now AGL has a new proposal, which would transform it into a "pipes" company that no longer would sell gas to end users.

Power Pool Politics: How New England Agreed to an ISO

With its membership opened, NEPOOL sets a transmission tariff, but still must develop competitive markets. In 1993, after a series of attempts going back as far as 1971, the New England Power Pool failed to reach agreement among its members for a regional transmission arrangement. But destiny then took over (em with help from the newly enacted Energy Policy Act (em to lead pool members back to the bargaining table. Finally, on Sept. 30, 1996, NEPOOL announced that its executive committee had agreed in principle on restructuring the pool.

Anti-Competitive Impacts of Secret Strategic Pricing in the Electricity Industry

Flexible prices make markets hum,

but discounts discriminate when monopolies rule.

Many expect that the electricity industry is moving inexorably toward a much-publicized "new competitive era." Companies, regulatory officials and experts all regard the momentum as powerful.

So far, the changes are just beginning, and there is a long way to go to reach fully effective competition. %n1%n Yet even at this early stage, the merger and pricing strategies adopted by the established electric firms may be threatening the prospects for competition.

Futures, Swaps, Derivatives Escape Filing Requirement

The Idaho Public Utilities Commission (PUC) has ruled that electricity futures contracts or other types of "derivatives" or risk management instruments (e.g., options, forward contracts, swaps, etc.) do not fall subject to certain state regulations that exact fees and require PUC approval for security issues by utilities.

It distinguished the two categories: risk management instruments aim to shelter utilities from losses, while security issues usually provide a source of funding. Utilities, it said, need not file a confidential copy of its risk management plan with the commission.

States Sue After DOE Says It Won't Act on Nuclear Waste

A group of 40 state agencies has joined with 33 utilities and the Nuclear Waste Strategy Coalition (NWSC) to file a lawsuit in federal district court after the Department of Energy (DOE) reported that it would not comply with a federal court mandate to accept high-level radioactive waste for permanent storage as of January 31, 1998, and begin removing such waste from temporary storage at some 73 power plants in 34 states.

The D.C. Circuit had ruled against the DOE last summer. (See, Indiana-Michigan Power Co. v.

Special Report

Bonneville Power "Subscriptions" Seen Among Sticky Issues

A panel of governors in the Pacific Northwest expects to issue a plan this month that proposes a restructured Bonneville Power Administration, primed for the regional free-market electric economy.

The panel would act on a steering committee report that resolved pressing energy matters in the Northwest. But the committee report left open other issues that some say could leave the BPA's future in doubt.

Connecticut Yankee Nuclear Plant to Close

The eight utility

owners of the 560-megawatt Connecticut Yankee nuclear plant have decided to shut down the facility rather than make expensive repairs estimated at over $100 million, after having estimated plant costs at five cents per kilowatt-hour, or about 20-50 percent above the cost of replacement power.

Northeast Utilities, a 49-percent owner, said it would lay off about two-thirds of the plant's 322 employees. Other plant owners include Boston Edison, New England Electric System, the Cambridge Light Co., and Eastern Utilities Associates. t

Lori A.

Joules

Sears, Roebuck and Co. selected Enova Energy as a partner in a "regional energy alliance." Enova Energy, an Enova Corp. subsidiary, will design and install a technical learning center at Sears' Tucson, AZ department store. The company also will provide energy services at other Sears stores in several western states. The learning center will be one of a nationwide system of energy-efficient stores used as models and for the testing and training of facility operations equipment. All of the store's services will be aimed at improving energy efficiency and reducing costs.

Credit Rating Firms Savor Restructuring, Search for a New Formula

Each assumes a vertical breakup, but watch out for securitization.

It can prove difficult to detect any overt difference of opinion among financial credit rating agencies. That appears to be the case in today's electric utility industry, where Moody's, Duff & Phelps, and Standard & Poor's each predicts that a breakup of the vertically integrated utility is now virtually inevitable. The result, they say, will leave us with an industry made up of disaggregated high-risk power generators, and lower-risk companies engaged in transmission, distribution, and other related services.