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Fortnightly Magazine - November 15 1995

FMPA Lawsuit Raises Pricing Issues

The Florida Municipal Power Agency (FMPA) is continuing a $140-million

antitrust lawsuit against Florida Power & Light Co. (FP&L), alleging that FP&L denied equal access to its electric transmission network. FMPA represents 10 municipal utilities, which pay FP&L for access to transmission lines. FMPA claims that FP&L violated antitrust laws by restricting network access and inflating access costs. FP&L says it offered transmission access to the municipalities, but the parties cannot agree on a price.

Byline: 
Lori A. Burkhart
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Florida Approves QF Load Curtailment

The Florida Public Service Commission (PSC) has approved a Florida Power Corp. plan to curtail its purchases from qualifying cogeneration facilities (QFs) during minimum load conditions. The PSC said that minimum load conditions typically occur between midnight and 6:00 a.m. when weather is mild and system demand low, and that the utility had curtailed QF purchases seven times in late 1994 and early 1995.

Byline: 
Phillip S. Cross
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Recovering Local Distribution Costs

In electric power, telecommunications, water, and natural gas, the costs of local distribution make up a significant share of the cost of providing services. For any network or system, the cost of distribution facilities is largely or entirely independent on usage; i.e., such costs are largely invariant to the number of phone calls, kilowatts, British thermal units (BTUs), or gallons that customers use.

Byline: 
Steve G. Parsons
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Perspective

California regulators and the utilities they oversee have been talking a lot in recent years about competition. But just being able to "talk the talk" isn't enough (em utility companies and the regulators who monitor them have got to "walk the walk." And on that score, they've just barely begun to crawl. Despite all the marketing hype, the monopoly mindset is still very apparent among industry officials and regulators.Take California's energy industry, for example.

Byline: 
Audrie Krause
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QF Wins W.Va. PURPA Complaint

The West Virginia Public Service Commission (PSC) has issued a series of legal rulings favoring Energy America, Inc., developer of a qualifying cogeneration facility (QF), in a complaint proceeding to enforce Wheeling Power Co.'s power-purchase obligation under the Public Utility Regulatory Policies Act of 1978 (PURPA). The PSC ruled that Wheeling should be viewed as a stand-alone company, not a part of the American Electric Power (AEP) system as alleged by the utility.

Byline: 
Phillip S. Cross
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Preserving Local Telephone Service in High-cost Areas

Legislators and regulators must recognize that rural America is different.

The costs of providing telephone service to rural America are much higher than for more urban areas of the country. By definition, small rural subscribers are scattered throughout large geographic areas. In rural areas, the average number of subscribers per route mile runs about 6.3; the average number of subscribers per square mile is 4.4.

Byline: 
John N. Rose
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DOD Electric Procurement Causes Industry Schism

A U.S. House-Senate conference committee may remove a provision in present law that requires the Department of Defense (DOD) to buy electricity solely from its local distribution company. The House of Representatives has already voted DOD (300 to 126) the right to buy electricity from the most economical source. A first step toward allowing retail wheeling for military bases, the provision is part of the House fiscal year 1996 Defense Authorization bill.

Byline: 

Lori A. Burkhart

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Penn. Regulators Upheld on Nuclear Decommissioning Costs

The Pennsylvania Supreme Court has upheld a Pennsylvania Public Utility Commission (PUC) ruling permitting Metropolitan Edison Co. to charge current ratepayers approximately $8.3 million a year for a portion of the cost of decommissioning the disabled Three Mile Island Unit 2 (TMI 2) nuclear generating plant. A lower court found the cost recovery improper because the plant was not and would not be "used and useful" in providing service to customers (see Irwin A. Popowsky v. Penn. PUC, 642 A.2d 648, 153 PUR4th 244 (Pa.Commw.Ct.

Byline: 
Phillip S. Cross
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Regulation or Technology? Low-Income Electric Customers and the Transition to Competition

Twenty-five centuries ago, 300 steadfast Spartans, defending their sacred Greek turf, held up Xerxes's Persian army at the pass at Thermopylae just long enough for the Persians to lose the opportunity to conquer Greece. The world would have been quite different if the Spartans had just "given way."Contemporary state public utility regulators number just about that of those plucky Spartans.

Byline: 
Philip R. O'Connor, Erik B. Jacobson, and Terrence L. Barnich
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SNG Gets Transition Cost Refund

The Federal Energy Regulatory Commission (FERC) has approved a comprehensive settlement for Southern Natural Gas Co. (SNG), resolving the company's costs associated with its transition to Order 636. The settlement resolves

23 rate cases, reduces rates, and provides about

$146 million in customer refunds (Docket No. RP89-224-000, et al.). Protesting parties have been severed from the case.

The refunds, plus $9.1 million contributed by SNG, will serve as a credit toward customers' liability for SNG's cost of realigning gas supplies under Order 636.

Byline: 
Lori A. Burkhart
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