IN THE EARLY 1970s, WHEN THE "ENERGY CRISIS" DAWNED, New York told electric utilities to stop advertising to promote electric use. State judges deemed such promotion as lacking in "any beneficial content," or even "detrimental to society." It took an appeal to the U.S. Supreme Court for utilities to win the right to tout their product.

Today's questions target the bottom line: Can advertising boost sales for energy suppliers? If so, what does it take?

THERE ARE NO FUNDAMENTAL FLAWS. Our systems are functional."

So said CEO Dennis Loughridge, of the California Power Exchange, in announcing nevertheless on Dec. 22 that the opening of the state's day-ahead electricity market, planned originally for Jan. 1, would be delayed because software and systems testing could not be completed satisfactorily.

"California's electron highway is the fifth largest in the world. We need to take the time to make the transfer¼ seamless," added Gary Heath, executive director for the state's electricity oversight board.

CNG Energy Service Corp. appointed Jeff Johnson senior vice president of integrated energy management. Jerome H. Dortmans was appointed vice president of financial trading and risk management.

Alan Wells was named senior vice president of finance and CFO for MidAmerican Energy Holdings Co. and its subsidiary MidAmerican Energy. Wells replaces Phil Lindner who announced his retirement. Wells also will continue to serve as president of the company's nonutility subsidiaries.

Fred D. Hafer assumed office as chairman of the Pennsylvania Electric Association.

CONSUMER FRAUD. The National Association of Attorneys

General, meeting Nov. 18 in Washington, D.C., to discuss electric restructuring, issued a warning to electric consumers on fraudulent schemes and abusive practices by scam artists. The warning encourages consumers to check their electric bills for unusual provider names or charges, and to avoid participating in contests that require a signature that can be used to switch an account.

RATE REDUCTION BONDS.

THE RECENT INCREASE IN MERGER ACTIVITY IN THE energy and telecommunications industries has concerned state regulators for some time. Such concern reveals how the practical or "local" aspects of business deals often clash with broader national issues reviewed by federal authorities in merger cases.

In electric utility mergers, for instance, the Federal Energy Regulatory Commission will address effects on competition, rates and regulation.

IF YOU HAD TAKEN A JOB ON A STATE PUBLIC UTILITY commission back in 1928, at the average pay scale for regulators, and still held that position today, how would you have fared?

The answer: It depends on which state you worked for.

In 1928 Public Utilities Fortnightly reported an average annual salary for state PUC members of $5,092.64 ("Your State Public Service Commissioners," Feb. 23, 1928, p. 9). Salaries ranged from as low as $2,000 and $2,200 (Vermont and Mississippi), to as high as $10,000 (Pennsylvania), $12,000 (New Jersey) and $15,000 (New York).

The article "Risk and Rates for the Regulated Distribution," by Maloney, McCormick, and Tyler (Sept. 1, 1997, p. 26) was interesting. For people with the vested interests of the authors, unbundling offers the golden opportunity of reducing regulated rates without actually having a formal rate decrease. That comes about by shifting on paper as much revenue as possible from the regulated disco to the competitive genco, while of course leaving all the costs with which that revenue is associated within the disco.

Robert Rosenberg in his comment on our paper makes a fundamental error regarding financial risk. (Rosenberg, "Unbundling Capital Costs: It Doesn't Add Up," Nov. 1, 1997, p. 46, responding to Maloney, McCormick, and Tyler, "The Wires Charge: Risk and Rates for the Regulated Distributor," Sept. 1, 1997, p. 26.)

Rosenberg claims that as utilities spin off into separate wires and generating businesses, risk will increase in both lines of business.

A recent article laments the slow pace of retail competition for residential gas sales in New York ("Blue Flame Blues: Gas Pilots Sputter at Burnertip," Oct. 1, 1997, p. 22). Besides the meager financial incentive for a New York residential customer to switch gas companies, there is another factor contributing to the slow headway being made by gas marketers: The New York Public Service Commission failed to establish a level playing field with just and reasonable terms of sale.

BY THE START OF 1998, FOUR INDEPENDENT SYSTEM operators already were in operation and conditionally approved: ISO-NE, PJM and California by the FERC and Texas by the state PUC. Three more were either pending before the Federal Energy Regulatory Commission or expected to be filed in the coming months (New York, Midwest and IndeGO in the Northwest). Three additional efforts to develop ISO proposals were under way (DesertSTAR, MAPP and SPP). The Southeast is now the only large region of the contiguous United States without an ISO concept.