Fortnightly Magazine - February 1 1995

Arkansas Encourages Wholesale Electric Competition

Citing its desire to promote a fully competitive wholesale market for electric power, the Arkansas Public Service Commission (PSC) has waived restrictions on serving wholesale and retail loads in the state for Entergy Power Inc. Entergy had proposed to sell Oklahoma Gas & Electric Co. power wheeled from two generating facilities by Arkansas Power & Light Co. (AP&L), an Entergy affiliate.

Zoning Change Raises EMF Concerns

The Rhode Island Supreme Court has ruled that the state commission did not err when it refused to reverse a decision by the Town of Portsmouth to rezone certain property from industrial to residential. Newport Electric Corp. had protested that the change could make it liable to EMF damage claims because of overhead power lines in the area.

NC Supreme Court Settles Avoided-cost Dispute

The North Carolina Supreme Court has upheld state regulators' decision to reprice payments made by Virginia Electric and Power Co. (Vepco) to Ultra Cogen Systems, a qualifying facility (QF), for power purchased under avoided-cost contracts approved by Virginia's commission. The North Carolina Utilities Commission (UC) had disallowed $1.39 million in capacity costs while setting rates for the utility's Carolina Power division.

Illinois Rejects Monetization of Externatilies

The Illinois Commerce Commission (ICC) has reaffirmed earlier rulings that the state's least-cost planning laws must require consideration of the adverse external environmental costs of providing utility service. However, it rejected proposed new rules that would require monetization of the externalities based on projected costs of complying with future environmental regulations.

Ohio Pushes Local Service Competition

The Ohio Public Utilities Commission (PUC) has reaffirmed its desire to open local exchange telephone markets to competition, urging "all deliberate speed." The PUC voiced its telephone competition policy in approving a new, six-year, price-cap regulation plan for Ameritech Ohio, a local exchange carrier (LEC). The plan, which reduces the LEC's revenue by $92.3 million, cuts intrastate toll charges by $7.9 million, residential rates by $55 million, and access charges for long-distance carriers by $8 million.

West Virginia Examines LEC Competition

The West Virginia Public Service Commission (PSC) is investigating whether to adopt rules it could apply "in the event of competition" in the telecommunications local exchange market. It said it would not promulgate its own proposed rules at this time, and invited submission of suggested rules by February 21, 1995. Re Competition for Local Exchange Services, Case No. 94-1102-T-GI, Nov.

Ohio Proposes Emission Allowance Regs

The Ohio Public Utilities Commission (PUC) has proposed regulations to allow electric utilities to use fuel-cost clauses to recover gains or losses from trading Clean Air Act emission allowances. The PUC emphasized that utilities should use the allowance market to maximize trading while making the use of coal produced in the state part of a least-cost power-supply strategy. Re Amendment of Chapter 4901:1-11 of the Ohio Administrative Code, Case No. 94-1792-EL-ORD, Nov. 23, 1994 (Ohio P.U.C.).

In a separate case, the PUC ruled that Dayton Power & Light Co.

Williams Moves into the Northeast

On December 12, the Williams Companies Inc. and Transco Energy Co. announced a cash tender offer by Williams to acquire up to 24.6 million shares, or 60 percent of Transco stock, for $17.50 per share. Combined with assumed debt and preferred shares, Williams' acquisition cost will total about $3 billion. Following completion of the tender offer, a newly formed subsidiary of Williams will be merged into Transco, with Transco continuing as a wholly-owned subsidiary of Williams. The boards of directors of both companies have unanimously approved the transaction.
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