Applicants can only hope that a prompt review won't be even more difficult

By a unanimous vote, on December 18, 1996, the Federal Energy Regulatory Commission (FERC) issued Order No. 592, stating how it intends to evaluate utility mergers. The anticipation has ended, yet those hoping for a new approach and a quicker review are bound to be disappointed.

Order 592 is a "Policy Statement." As such, it only announces intentions; it imposes no new obligations and is not subject to judicial review until implemented in a specific case.

In two recent actions concerning natural gas marketers and brokers, the Pennsylvania Public Utility Commission (PUC) has proposed new policy to define its authority over marketing by the state's local distribution companies (LDCs) and their affiliates, plus a new rule requiring LDCs to set tariffed guidelines to ensure that marketers and brokers possess the financial and technical fitness necessary "to meet their contractual obligations" in transporting gas through LDC systems.

It stressed that it would not permit unreasonable discrimination in retail offerings (em whether by the LDC

While approving the transfer of certain water utility assets and certificates between two utility companies, the Florida Public Service Commission (PSC) has decided against applying a negative acquisition adjustment to rate base in setting rates for the acquiring utility, even though the buyer paid "substantially less" than original cost for the facilities ($545,000 versus $2.845 million).

The PSC ruled that without extraordinary circumstances, its policy requires that a purchase of utility assets at a premium or discount should not affect the rate base calculation.

Despite an acknowledged drop in rates (down 11 percent in real terms over the last ten years) the Vermont Public Service Board has proposed to restructure the state's electric utility industry. The proposal would follow along the same lines envisioned by many other states (em i.e., competition and choice in the generation sector, with regulated monopolies for transmission and distribution services, plus recovery of "legitimate" stranded costs.

Beginning in 1998, retail customers could choose among competitive suppliers.

The Michigan Public Service Commission (PSC) has approved a comprehensive settlement in a series of closely watched cases in which Consumers Power Co. had proposed to realign electric rates and cost recovery to anticipate retail competition in electricity.

Among other points, the settlement allows Consumers Power to implement a "direct access" tariff to meet anticipated competition for its largest customers.

By reversing a ruling by a federal district court judge, the United States Court of Appeals for the Ninth Circuit has effectively reinstated an antitrust suit by a natural gas marketer against Washington Natural Gas Co., a natural gas local distribution company (LDC), charging the LDC with "off-tariff" pricing and other practices designed to favor commodity sales over transport-only customers who buy their own gas directly, such as from marketers.

In reinstating the complaint, the appeals court denied any "state action immunity" against antitrust claims.

Sound bites from state and federal regulators.

Natural Gas Briefs

Gas Rate Indexing. Alabama continues its a rate stabilization and equalization (RSE) procedure for Alabama Gas Corp. (rates adjusted quarterly to conform return on equity to a preset range). Commission says RSE plan has helped company address recent gas market changes such as supply diversification, system bypass, and competition. Docket No. 25600, Oct. 7, 1996 (Ala.P.S.C.).

Gas Motor Vehicles. Peoples Natural Gas Co.

Which matters most: Cost? Price? Sales? Regulation?

Many investors no longer think of electric utility stocks primarily as dividend-rich, income-oriented investments. Instead, they have begun to consider new criteria in evaluating utility stocks (em criteria that might help explain some of the variations in equity price performance now seen among various utility companies.

The Nuclear Regulatory Commission (NRC) has launched a discussion site on the internet as a first step towards updating plans for the "Licensing Support System," an electronic information management program to be used in the eventual licensing of a high-level radioactive waste repository.

The program, known as "LSSNet," may be reached at its internet address: http://lssnet.llnl.gov. It will continue through May 20, 1997. The internet dialogue is not intended to replace formal comments on any proposed rule that may be developed to update the licensing support system. t

Lori A.

According to a new report from the U.S. Energy Information Administration (EIA), nuclear power continued as an important source of electricity in 1995, accounting for 22 percent of total worldwide electric generation. The report, "Nuclear Power Generation and Fuel Cycle Report 1996," projects continued worldwide growth for nuclear plants in the near term, but uncertain long-term prospects.

Worldwide, nuclear plants generated

2,225 terawatt-hours in 1995, a four percent increase from 1994 (one terawatt equals 1000 gigawatts, or one million megawatts).