Fortnightly Magazine - January 1 1996

NYSEG Proposes Price-cap Plan

New York State Electric & Gas Corp (NYSEG) and related parties have agreed to a settlement that would freeze natural gas prices for nearly three years, from December 1, 1995, until July 31, 1998. NYSEG would eliminate the gas adjustment and weather normalization clauses, and establish a service-quality incentive, setting earnings, rewards, or penalties based on performance.

N.Y. High Court Affirms Royalty Revenue Adjustments

The New York Court of Appeals, affirming a lower court ruling (Rochester Telephone Corp. et al. v. New York Public Service Commission, 201 A.D.2d 31, 155 PUR4th 511 (N.Y.App.Div.)), has upheld the authority of state regulators to use a "royalty" to reduce rates for services provided by local exchange carriers (LECs). The royalty was designed by the New York Public Service Commission (PSC) to compensate ratepayers for transfers of

intangible assets to unregulated subsidiaries.

Wisconsin Releases Restructuring EIS

The Wisconsin Public Service Commission (PSC) has drafted a 425-page (plus appendices) environmental impact statement (EIS) as part of its investigation into restructuring (Docket No. 05-EI-114). The EIS examines a number of different proposed models. The "status quo" model would maintain the present regulatory structure, but the PSC admitted that the present rate case structure is time-consuming and does not respond quickly to changed circumstances.

The "plausible extreme" model proposes a single transmission system owner.

Cost Shift to Residential Gas Users Uphold

The Arkansas Court of Appeals has upheld a decision by state regulators permitting Arkansas Louisiana Gas Co., a natural gas local distribution company, to allocate the total amount of a recent rate increase to residential users. According to the Arkansas Public Service Commission (PSC), applying the entire $4.9-million increase to residential users was an appropriate means of preventing system bypass by larger customers, consistent with prior efforts at removing interclass subsidies. (See, Re Arkansas Louisiana Gas Co., a division of Arkla, Inc., 150 PUR4th 333 (Ark.P.S.C.
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