Larry Eisenstat

Interesting Times

Utilities stay the course in a volatile market.

A wave of mergers and acquisitions is moving through the industry, as utilities and financial players position for growth and strategic advantage. Will economic and regulatory forces continue supporting these transactions? Our annual finance special report examines trends in capital markets and M&A deals involving utilities, power generators and gas suppliers.

Policy Shift: 2009 Law & Lawyers Report

Legal and regulatory changes are transforming the industry.

This year has marked a sea change in energy policy, from environmental compliance to transmission pricing. Fortnightly interviews top lawyers to better understand how regulatory developments are affecting the power and gas industries.

Going to the Bank

Financial buyers are snapping up power plants faster than at any time in history. The asset shift represents an interim step in a wholesale-market transformation.

A dam broke last year, releasing a wave that even now is spreading through the U.S. power industry. Deals that had been languishing on the auction block for months suddenly surged forward in 2004, and assets began changing ownership at a torrential pace. Understanding what this means for the power industry requires a long-term perspective on wholesale-market trends.

Facing the Death Penalty

Did FERC's market power ruling go too far?

Market-based sales put at risk are the financial lifeblood of some utilities, especially those of the multi-billion-dollar, vertically integrated variety. Those that fail FERC's market-power test will be forced to sell their excess generation at cost-based rates — a "death penalty," according to some utility CEOs.

Back to the Ratebase

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BYLINE

As a former independent power producer, George Lagassa is sympathetic to the woes of the merchant power industry. Until just a few years ago, he held the license to a micro-hydro qualifying facility (QF) in New Hampshire, so he understands what it takes to compete in a regulated-franchise industry. Yet, as the principal of Mainstream Appraisals in North Hampton, N.H., Lagassa is also a dedicated pragmatist. He sees the industry's consolidation trend as a sort of correction in the U.S. power market.

Business & Money

The venerated process may get a makeover.


The venerated process may get a makeover.

Like dough in the hands of a crazed pizza chef, merchant power generators have been tossed and turned in tumultuous markets over the past two years. Further uncertainties over market restructuring have pushed many merchants to the brink of despair-and beyond.

But on June 10, 2003, a glimmer of hope appeared at the Federal Energy Regulatory Commission (FERC), and it came from an unexpected source: Entergy Services Inc., the holding company for Entergy's regulated utilities.

Business & Money

The collapse of wholesale markets has utilities once again making the purchasing decisions, and taking all the risks.


The collapse of wholesale markets has utilities once again making the purchasing decisions, and taking all the risks.

If a common theme is emerging from the various policy directions across the country, it seems to be that responsibility for supply resources is moving away from open markets and back into the hands of load-serving utilities.