Fortnightly Magazine - March 15 1995

D.C. Has Second Thoughts About Transition Costs

The District of Columbia Public Service Commission (PSC) will permit Washington Gas Light Co., a natural gas local distribution company (LDC), to continue collecting Order 636 pipeline transition charges through its purchased-gas adjustment clause (PGA), but "questions" whether the costs should become a standard PGA element. The PSC set the matter aside for further review, voicing concern over the "potentially unchecked magnitude" of the costs absent regulatory oversight.

Industry Structures and Market Mechanisms

By Seabron AdamsonSeabron Adamson is senior consultant with London Economics Ltd., a consulting firm for the private sector. A native of Georgia, Mr. Adamson joined London Economics in 1992 and currently resides in the United Kingdom.

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The debate over "PoolCo" vs. bilateral contract markets is a question of market mechanism, or how transactions can be made while recognizing the realities of power systems.

Perspective

Following Congressional approval of the Energy Policy Act of 1992 (EPAct), Rep. Ed Markey (D-MA), a key sponsor of the bill's electricity title, predicted that "competition should replace monopolism as the rule for much of the power industry. Consumers, renewable energy, and the environment will be much the better for it."

Since then, however, Markey's vision has fallen under a cloud.

CATV Exclusive Franchise Upheld

The U.S. Court of Appeals for the Sixth Circuit has ruled that the Cable Television Consumer Protection Act of 1992 (Cable Act) does not invalidate existing exclusive franchises for local cable television service. The case involved a Tennessee municipality that sought to establish its own cable system, claiming that the Cable Act abrogated the exclusive franchise it had previously granted to a private company.

This New Congress Means Business

After 40 years of wandering in the wilderness as a minority party, House Republicans are ready to slash and burn what they see as a bloated federal bureaucracy. The next two years will demonstrate just how powerful the legislative branch can be when both House and Senate are controlled by a strong-willed party on a mission. Electric industry officials seem optimistic, but cautious, about this Republican revolution.

Marketing & Competing

Increasing competition in the electric power industry is likely to entail a little-recognized major complication (em greater difficulty in siting transmission lines. The stakes will often be greater, the opposition could be stronger, and both put a premium on finding a process that can win public acceptance cost-effectively.

Court Upholds NRC Dry Cask Storage Rule

The U.S. Court of Appeals for the Sixth Circuit has upheld the Nuclear Regulatory Commission's (NRC's) decision approving the VSC-24 concrete cask for storing spent nuclear fuels. The generic approval of the technology permitted Consumers Power Co. to construct dry cask facilities at its Palisades nuclear project and begin loading spent fuel. The State of Michigan and owners of land near the Palisades plant claimed that the Atomic Energy Act required the NRC to hold hearings to consider site-specific issues.

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