NRG

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.

Fragile Foundation

The capital markets have recovered … or have they?

One year ago, in the midst of the financial crisis, one industry—energy utilities—continued accessing the capital markets. Since then, interest rates and terms have improved dramatically, inviting utilities to refinance billions of dollars in debt that won’t mature for another year. Despite the current rosy picture, however, economic trends might cast a shadow over the industry’s capital-investment plans.

Crisis Capital

Volatile markets call for alternative financial models.

Should the power industry adapt its approach to capital markets in this environment? The answer, of course, is yes. Multiple frameworks are necessary to establish a power company’s or project’s current cost of capital, especially under volatile capital market conditions. The analyses reveal that in today’s capital markets, it is critical to balance or combine the alternative approaches to the cost of capital in order to develop a long-term view.

The Smart-Enough Grid

How much efficiency do ratepayers need—and utilities want?

When the applause dies down, the smart grid may turn out to be its own worst enemy. The California Independent System Operator (CAISO) explained this irony in comments it filed in May, after the FERC asked the industry for policy ideas on the smart grid.

People (June 2009)

Dominion named Paul E. Ruppert as senior v.p.-Dominion Transmission. ITC Holdings Corp. appointed Edward M. Rahill to president of ITC Grid Development. Ameren Corp. promoted Karen Foss to senior v.p., communications and brand management, from v.p., public relations at Missouri subsidiary, AmerenUE.

NV Energy appointed Punam Mathur as v.p. of human resources.

People (May 2009)

AGL Resources created a new office of technology and environmental sustainability, to be headed by Ira Pearl as v.p. Jay Sutton is promoted to v.p., engineering and supply chain services at AGL’s Florida City Gas and coastal Georgia subsidiaries. Melvin Williams is promoted to general manager, Florida City Gas and coastal Georgia. And others...

Compliance Program Guidance

The industry debates how far FERC should go.

Since the Energy Policy Act was enacted in 2005, the domestic power and gas industry has experienced several years of FERC compliance enforcement history. Including the settlements entered into in 2007, total penalties levied and agreed to by companies are close to $100 million over the past two years. Given the high stakes, some industry stakeholders have suggested that FERC could provide more comprehensive guidance on what it means to have an adequate compliance program and what constitutes that compliance.

Goodbye Safe Haven?

Risk avoidance drives utility stock performance.

Utility stocks historically have been a safe haven, a stable, long-term investment for widows and orphans. However, with banks collapsing and the economy falling into a recession, utility stocks as a whole recently have performed poorly, with our portfolio of 75 companies losing $200 billion in market value in 2008.

Wooing the Western Wind

How a move to bring power markets to the Great Plains has uncovered a crisis in grid planning.

They call the United States the “Saudi Arabia of Wind.” That’s due in large part to the huge potential of the Great Plains. But there’s a hole in the metaphor. Wind power development in some parts of the prairie is falling short of expectations.

The Pulse of a Utility

The market-to-book ratio is a vital sign of a utility’s health.

Like a physician with her stethoscope at the outset of a check-up, astute shareholders and directors should use the level and trend of a utility’s market-to-book ratio (MtB) as one of the first vital signs they monitor and as an ongoing and leading measure of a utility’s strategic health.