Fortnightly Magazine - May 1 1996

Noting controversy surrounding multi-year incentive agreements in utility rate cases, the New York Public Service Commission (PSC) has approved guidelines for filing multiyear rate proposals and requests to depart from approved rate plans. The guidelines deemphasize the importance of "global" settlements in such cases, and reaffirm the rights of nonsettling parties to litigate issues raised by incentive and multiyear rate proposals. The PSC acknowledged the worth of multi-year settlements, but declined to rely exclusively on such agreements.

The New York Public Service Commission (PSC) has endorsed location routing number (LRN) technology as the most viable long-term solution to telephone number portability, although it does not expect LRN to become generally available for installation on most major central-office switching equipment until the second quarter of 1997.

The PSC noted that LRN minimizes the impact on network architecture by preserving existing routing logic and hierarchy, thus minimizing switch modifications and changes to databases and operating systems.

The West Virginia Public Service Commission (PSC) has authorized Mountaineer Gas Co. to set up a method to compensate interruptible transportation customers for "banked" over-deliveries eventually used by other sales customers. The company historically permitted its transportation customers to bank excess volumes, and used the gas to reduce purchases for sales customers.

Under the new method, the company will buy current and future banked supplies at a "market determined" rate.

The U.S. Court of Appeals for the 11th Circuit has ruled that Florida Power and Light Co. (FP&L) is protected by the state action immunity doctrine from liability to cogenerators (QFs) for alleged antitrust violations. The QFs had claimed that FP&L violated federal antitrust laws when it refused to wheel their power to offsite end users.