Fortnightly Magazine - September 1 1996

Florida Weighs in on Customer Preference

The Florida Supreme Court has ruled that the state Public Service Commission (PSC) failed to properly factor in "customer preference" when resolving a territorial dispute between two electric utilities, Gulf Coast Electric Cooperative and Gulf Power Co. The PSC had ruled that Gulf Power should serve a new correctional facility that the state was planning to locate in West Florida, even though Gulf Coast had participated in the site-selection process and was favored by county and state authorities.

Minn. Approves Incentive Gas-purchasing Plan

The Minnesota Public Utilities Commission (PUC) has approved a performance-based gas-purchasing plan for Minnegasco, a natural gas local distribution company (LDC).

The incentive plan contains two benchmarks for measuring the utility's gas-purchasing performance: 1) a market-based benchmark with demand and commodity components, and 2) a comparison benchmark consisting of a volume-weighted, average, total annual gas cost per million British thermal units for the state's three largest LDCs (after Minnegasco itself).

Ohio Power to Recover Emission Allowance Brokerage Fees

While setting fuel-cost, adjustment-clause rates for Ohio Power Co., a subsidiary of American Electric Power Co., Inc. (AEP), the Ohio Public Utilities Commission (PUC) has ruled that the utility may include emissions-allowance-trading brokerage fees as an expense in determining its new electric fuel-component rate. The PUC found the brokerage fees "directly and justifiably related" to the sale of emission allowances, hence qualified for recovery under adjustment-clause regulations.

JCP&L to Help QF Switch to EWG

The New Jersey Board of Public Utilities (BPU) has approved Jersey Central Power and Light Co.'s offer to help a local qualifying cogeneration facility (QF) switch its status to that of an exempt wholesale generator (EWG). The QF, NRG Generating (U.S.), Inc., a subsidiary of Northern States Power Co., seeks the change in classification due to concerns about potential future reductions in the need for steam at its host industrial facility owned by Du Pont de Nemours and Co.

New Jersey Upholds LEC Price-cap Plan

The Superior Court of New Jersey has upheld a state regulatory decision authorizing Bell Atlantic-New Jersey, Inc., a local exchange carrier (LEC), to switch from traditional regulation to a new price-cap plan. The new plan sets rates for noncompetitive LEC services by offsetting the annual inflation factor by a separate factor for cost savings due to productivity gains. For its part, the LEC agreed to accelerate deployment of new technologies, including a fiber-optic telecommunications network for the state. See, Re New Jersey Bell Telephone Co., 143 PUR4th 297 (N.J.B.R.C.

States Examine LDC Metering Rules

Utilities in two states have taken steps to exert tighter control over meter-reading services.

The Michigan

Public Service Commission (PSC) has authorized Consumers Power Co., a local distribution company (LDC), to revise its operating rules governing centrally metered service installations.

Michigan Reaffirms NYMEX Gas-pricing Mechanism

The Michigan Public Service Commission (PSC) has upheld a previous ruling finding it prudent for Michigan Consolidated Gas Co. to lock in a reasonable cost of gas through a series of gas-supply contract elections of alternative prices tied to the NYMEX (New York Mercantile Exchange) gas futures market. The PSC commented on its earlier ruling, however, to clarify that its remarks on the relatively small effect of the pricing decisions on the overall cost of gas for the local distribution company (slightly more than 1 percent) did not constitute a new policy.

Ratepayers to Bear Above-Market QF Rates

The New Jersey Board of Public Utilities (BPU) has rejected a proposal to disallow from rates "potentially stranded costs" incurred by Atlantic City Electric Co., an electric utility, under several "above-market" purchased power contracts executed with qualifying cogeneration facilities (QFs) in the late 1980s.

Michigan Reviews LEC Tariffs, Resale Provisions

While reviewing interconnection issues generic to competition in the telecommunications local exchange market, the Michigan Public Service Commission (PSC) has mandated that local exchange carriers (LECs) offer all basic local exchange services for resale at wholesale rates to competitors as well as affiliates.

LDC Affiliate Goodwill Adjustment Overturned

The Minnesota Supreme Court has overturned a decision of the Minnesota Public Utilities Commission (PUC) to impute revenues while setting rates for Minnegasco (em a division of Noram Energy Corp. and a natural gas local distribution company (LDC) (em in order to compensate ratepayers for the value of corporate goodwill enjoyed by an affiliated customer appliance business. (The state Court of Appeals had upheld the PUC in a 1995 ruling. See Minnegasco, a Division of Noram Energy Corp. v. Minnesota Public Utilities Commission, 529 N.W.sd 413, 160 PUR4th 453 (Minn. Ct. App.

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