One of my first assignments when I was a reporter for this magazine was a story on the flap over the Environmental Protection Agency's 1990 draft report on electromagnetic fields (EMF).
U.S. District Judge Frank Polozola issued a memorandum opinion on October 24, supporting Gulf States Utilities (GSU) against fraud claims made by Cajun Electric Power Co-op. (CEPP), involving its decision to invest in the River Bend nuclear plant. Judge Polozola will issue detailed reasons for the decision at a later date. (GSU owns 70 percent of River Bend; CEPP owns 30 percent.)
A second phase of the lawsuit involves breach-of-contract claims, but GSU and its parent company, Entergy, say they will attempt to settle all remaining issues.
By its Notice of Proposed Rulemaking on wholesale electric competition, commonly called the "Mega-NOPR" (or "Giga-NOPR"), the Federal Energy Regulatory Commission (FERC) has announced big plans for electric transmission.
The FERC would require "functional" unbundling of transmission from generation. The Mega-NOPR requires utilities that own transmission to file tariffs for point-to-point and network transmission services, based on guidelines in pro forma tariffs published by the FERC.
The Massachusetts Department of Public Utilities (DPU) has ruled that Cambridge Electric Co. may recover stranded costs from customers that switch to self-generation. The DPU made the ruling while reviewing a "Customer Transition Charge" (CTC) filed as part of the utility's tariff for services in connection with the operation of a cogeneration qualifying facility (QF) by one of its large customers, the Massachusetts Institute of Technology (MIT).
The Federal Energy Regulatory Commission (FERC) has denied a Jersey Central Power & Light Co. (JCPL) request that it invalidate the procedures used by the New Jersey Board of Public Utilities (BPU) to implement the Public Utility Regulatory Policies Act of 1978 (PURPA) (Docket No. EL95-36-000).
JCPL claimed that state procedures required it to enter into a purchase agreement with a qualifying facility, Freehold Cogeneration Associates, L.P., for 100 megawatts of power at rates that exceeded JCPL's avoided cost at the time of contract execution and approval.
At its first-ever annual meeting, held in Baltimore, MD, GISB also was gently chided and commended by James J. Hoecker of the Federal Energy Regulatory Commission (FERC): "I submit to you that GISB must not, in an attempt to please everyone, set standards at the lowest common denominator.
Youngstown Thermal (YT), a steam provider, has filed a lawsuit against Ohio Edison Co., seeking more than $3 million in damages for alleged anticompetitive practices. An August 31 ruling by the Ohio Public Utilities Commission (PUC) found that Edison's contract to provide cooling services to the Mahoning County jail allowed for revenues below the utility's actual cost of providing service, and was negotiated for the purpose of destroying competition.
Concluding an investigation of supply-cost recovery for the Associated Natural Gas Co., a natural gas distribution company (LDC), the Missouri Public Service Commission (PSC) has found imprudent the LDC's long-term supply contract with an affiliated supplier, SEECO, Inc. The PSC excluded from adjustment clause recovery one-half the premium paid above spot-market prices under the contract for firm fixed-price swing-gas supply. The PSC said the LDC failed to properly evaluate other gas suppliers prior to entering into the contract or to document its gas purchasing practices.
antitrust lawsuit against Florida Power & Light Co. (FP&L), alleging that FP&L denied equal access to its electric transmission network. FMPA represents 10 municipal utilities, which pay FP&L for access to transmission lines. FMPA claims that FP&L violated antitrust laws by restricting network access and inflating access costs. FP&L says it offered transmission access to the municipalities, but the parties cannot agree on a price.