News Digest

Fortnightly Magazine - June 1 1998
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Courts

ENERGY SUPPORT SERVICES. An Illinois appeals court affirmed a 1997 decision by the state commission that had denied authority to Commonwealth Edison to offer "energy support services," such as design, engineering, construction, analysis and management of electrical power equipment and energy systems. The court made this decision despite the utility's argument that no evidence existed to support the commission's finding that ComEd enjoyed a monopolist's advantage over competitors. In its March 31, 1997 decision, the commission had found that bundling generation and energy support services would drive out competitors. Commonwealth Edison Co. v. Ill. Commerce Comm'n, No. 2-97-0657, 1998 wl 146203, March 31, 1998 (Ill.App.2d Dist.).

QF RETAIL SALES. Ruling in favor of the local franchised electric utility, the Connecticut Supreme Court overturned a decision by state utility regulators. The court ruled that the commission could bar a qualifying cogeneration facility from selling power at retail to customers located on the same land as the plant (and within the utility service territory) because the QF qualified under as a "foreign corporation"; state law bars such a business from selling power at retail. Connecticut Light & Power Co. v. Texas-Ohio Power Co., No. 15794, 1998 wl 61612, Feb. 17, 1998 (Conn.).

COMPETITIVE SERVICES. The New Mexico Supreme Court upheld a state commission decision that barred Public Service Co. of New Mexico from offering optional services to electric and gas utility customers except through a separate subsidiary.

Business Wire

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