Michigan Public Service Commission

Courts

ENERGY SUPPORT SERVICES. An Illinois appeals court affirmed a 1997 decision by the state commission that had denied authority to Commonwealth Edison to offer "energy support services," such as design, engineering, construction, analysis and management of electrical power equipment and energy systems. The court made this decision despite the utility's argument that no evidence existed to support the commission's finding that ComEd enjoyed a monopolist's advantage over competitors.

MICHIGAN CHOICE APPEAL. Michigan Attorney General Frank Kelley filed an appeal in the Michigan Court of Appeals of the Michigan PSC's Jan. 14 rehearing order (News Digest, March 15, 1998, p. 18) adopting a phase-in schedule for electric restructuring and retail choice for Consumers Energy and Detroit Edison. Kelley alleged that the order fails to create a competitive generation market or foster lower rates. He called it an "outrage," that gave the utilities everything they wanted. Case Nos. u-11290 et al., Feb. 13, 1998 (Mich.P.S.C.).

NEW HAMPSHIRE RESTRUCTURING. The U.S.

Federal Agencies

ELECTRIC RETAIL PRICES. The Energy Information Administration has released a new report finding that the average retail price of electricity has declined for the third year in a row and remained stable for the first nine months of 1997. According to Electric Sales and Revenue 1996, average residential electric prices declined slightly in 1996, the first drop for that consumer class since the EIA began collecting data in 1984.

State Legislatures

CALIFORNIA ELECTRIC RESTRUCTURING. California Assemblywoman Diane Martinez, chairwoman of the Utilities and Commerce Committee, has introduced two new bills aimed at protecting consumers in a competitive market. But the measures already have been put on hold for this year. The first bill, AB 579, would cut rates for residential and small-volume commercial customers by 20 percent, rather than by 10 percent as promised in the state's restructuring act, AB 1890.

WHETHER YOU CALL IT "DEREGULATION" OR "re-regulation," the promised move to competition does not mean less regulation - at least not any time soon.

Further opening the local telephone market to competition in the state, the Michigan Public Service Commission has established guidelines for pricing unbundled network elements and set a wholesale rate for bundled local service.

The local exchange carrier, Ameritech Michigan, complained that the combined price of all unbundled services could fall lower than than the bundled wholesale rate.

The commission adopted a total-service, long-run, incremental cost study to calculate the new rate offerings.

Expressing concern about price volatility in the natural gas market, New Jersey, Virginia and Michigan regulators have directed local gas distribution companies to try fixed-price contracts and other hedging instruments. This would allay risk in wholesale gas supply portfolios and protect residential ratepayers from price swings common in the winter heating season, regulators said.

The growing popularity of fixed-price and other financial instruments to hedge against price spikes follows two winters of volatility noticed by regulators nationwide.

New Jersey.

A coalition of Michigan electric utility customer groups and other entities has proposed an electric restructuring bill in lieu of the plan adopted by the Michigan Public Service Commission on June 5.

"Six months ago, many from this same group came together to point out that the commission's plan, if implemented, would be too slow, would favor the state's largest utilities and would result in few, if any, real savings for customers," said David Dornbos Sr., chair of Association of Businesses Advocating Tariff Equity.

Having issued a comprehensive decision on electric utility restructuring on June 5, the Michigan Public Service Commission nevertheless must yet decide what to do about electric utilities that offer contracts to individual customers with off-the-tariff rate discounts.