TVA

State PUCs

Electric Retail Choice. The Arkansas Public Service Commission has issued its final report on electric restructuring, citing a "broad" consensus favoring competition. It predicts immediate benefits for industrial customers, but warns that residential users likely will not see any quick rate cut. The PSC saw competition as consistent with action in neighboring states:

• Oklahoma. State law mandates retail choice by July 1, 2002.

• Mississippi. PSC plan would phase-in competition from 2001 to 2004.

• Missouri.

Contrary to findings, the conditions seen in June 1998 were not that unusual. And next year could promise prices even worse (em or, for the first time, real reliability problems.

The recent report by the staff of the Federal Energy Regulatory Commission on the causes of the power price spikes that occurred in the Midwest performs an important service (em it acknowledges that in competitive markets, the price of wholesale power can be quite high in periods of peak demand.

Nevertheless, the staff went wrong in reporting that the conditions behind the price spikes were unusual.

Federal Agencies

NOX EMISSIONS. Generating heavy criticism from industry, on September 24 the Environmental Protection Agency released its long-awaited final rules on nitrogen oxide emissions, outlining a plan to reduce NOx by 28 percent by year 2007 in some 22 states and the District of Columbia, with state implementation plans due by September 1999 and controls in place by 2003, to be carried out through a "cap and trade" program to buy and sell NOx emissions credits.

THE OLD ADAGE ABOUT INNOVATION STILL HOLDS TRUE: "You can tell the pioneers by the arrows in their backs." More than 70 municipal utilities have either built or plan to build telecommunications systems with fiber-optic and coaxial cable to compete against local cable television, data communications or telephony providers. Profitability for these ventures has been abysmal, but their customers and regulators are happy. Now large, investor-owned electric utilities are stumbling down the same trail marked with cast-off bandages of these early pioneers.

CROSS THE COUNTRY, CRITICISM RISES FROM INVESTOR-owned utilities as public power agencies are drawn into regional or national markets through power pools and the geographic expansion of power marketing activities. Whether these agencies are seen as federally funded or just indirectly subsidized, the complaints remain the same: tax advantages, no reciprocity, exemptions from regulation.

Who really has power over the power? Do public power agencies enjoy an advantage, as private industry claims?

LAST NOVEMBER, Energy Secretary Federico Peña asked the DOE

to study what to recommend about the Tennessee Valley Association in drafting proposed legislation on electric restructuring for the Clinton Administration. He referred the project to a committee of the Secretary of Energy Advisory Board, led by former South Carolina Congressman Butler Derrick.

The committee issued its report on March 31. The DOE had already released its legislative guidelines on March 25, six days earlier.

Federal Agencies

Nuclear Plant Fines. The Nuclear Regulatory Commis-

sion has proposed fines totaling $2.1 million against Northeast Nuclear Energy Co. for many violations at the company's Millstone nuclear plant in Waterford, Conn. The fine marks the largest civil penalty ever proposed by the NRC. Northeast Utilities said it will pay the fine, which it called "a necessary and important step toward bringing to closure a very disappointing and difficult chapter in the company's history." The utility said it will not pass the cost onto ratepayers.

Electric Futures.

The House and Senate conference committee working on energy appropriations decided to cut funding for the Tennessee Valley Authority, then end it after 1998.

The Senate had proposed giving TVA $86 billion to fund nonenergy programs such as flood control and environmental programs (em $20 billion less than the amount proposed by the Clinton Administration. The House held out for less, agreeing to fund $70 million in 1998.

TVA Chair Craven Crowell said the $70 million, along with "carryover funds" from 1997, will allow TVA to meet its obligations.

Investor-owned utilities serving the Southeast U.S. are well-positioned to face increasing competition, but the region's municipal joint power agencies and electric co-ops may face serious losses.

That's the finding of a Moody's Investors Service regional study, the fourth in a series.

The "Southeast Electric Break-Even Analysis" estimates $24 billion in stranded costs for the region, with cooperatives and JPAs holding a disproportionately high portion of the per-kilowatt costs.

Five utilities suing the Tennessee Valley Authority for allegedly making electric sales to unauthorized third parties for resale outside its service territory have agreed to a joint settlement.

The settlement calls for TVA only to sell or deliver power to authorized exchange power companies. TVA agreed not to knowingly enter any exchange power transactions if the purchaser buys that power intending to resell it at wholesale to an unauthorized entity. TVA will reiterate its contract requirements with its exchange power companies.