Fortnightly Magazine - January 15 1995

In a final decision issued December 6, Commissioner Kris Sanda of the Minnesota Department of Public Service (DPS) found that Northern States Power Co. (NSP) threatened the St. Paul Neighborhood Energy Consortium (Docket No. G,E002/CC-94-426). The consortium claimed NSP said it would withhold a contract to perform home energy audits if its Conservation Improvement Program (CIP) did not support dry-cask nuclear waste storage at NSP's Prairie Island nuclear plant.

While acknowledging the threat, Sanda found no evidence that the newly implemented bid process was tainted.

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.