Fortnightly Magazine - January 15 1995

The Oregon Court of Appeals has upheld rules implemented by state regulators requiring local exchange telephone carriers (LECs) to offer physical collocation to enhanced service providers. The court emphasized that the complaint brought by GTE Northwest Inc, an LEC, was limited to a "facial challenge" of the open network architecture (ONA) rules under state public utility law.

While investigating the "build versus buy" issue, the Oregon Public Utility Commission (PUC) has upheld its existing least-cost planning and competitive-bidding regulations. The PUC rejected proposals to alter its existing integrated resource planning process by adding "market-test" or shared-cost-savings incentive regulation. Proponents said that the proposals were necessary to counteract a tendency by utility management to favor construction to boost rate base.

On December 6, the jury in a three-month-old trial found that Westinghouse Electric did not engage in fraud by supplying two nuclear reactors with allegedly faulty steam generators to Duquesne Light Co. and four co-owners of the Beaver Valley I and II nuclear plants. The utilities had sought $350 million in compensatory damages, and originally charged Westinghouse with RICO violations, breach of contract and warranty, as well as fraud. But in October, U.S.

Gas local distribution companies (LDCs) in Wisconsin must provide unbundled balancing services for transportation customers at cost-based rates under new rules adopted by state regulators. The new rules came out of a Wisconsin Public Service Commission (PSC) investigation of LDC tariff changes required as a result of pipeline restructuring at the federal level.

The PSC ruled that balancing is required where an LDC is served by a pipeline with balancing provisions that contain penalties that default to the LDC, and hence to system sales customers.