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.

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.

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.

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.

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.

Sound bites from state and federal regulators.

Metering and Service Termination. Pennsylvania proposes two new meter-testing formats for LDCs: 1) a statistical sampling method that categorizes meters based on technology, design, manufacture, model, and operating characteristics; and 2) a variable interval approach that ties the retirement rate for a meter category to level of accuracy. Docket No. L-00960116, Mar. 28, 1996 (Pa.P.U.C.).

The Federal Energy Regulatory Commission (FERC) has rejected a request by NorAm Gas Transmission Co. for confidential treatment of its negotiated rates, saying that it would no longer accept for processing any rate sheets marked "confidential" or "privileged" (Docket Nos. RP96-200-002 and RP96-200-003). But Commissioner James J. Hoecker did note that rate disclosure could result in competitive harm, something the FERC should investigate in the future. t

Lori A. Burkhart is an associate legal editor of PUBLIC UTILITIES FORTNIGHTLY.

The Federal Energy Regulatory Commission (FERC) has set for hearing the proposed merger of Public Service Co. of Colorado (PSCC) with Southwestern Public Service Co. (SPS), directing that an initial decision be issued by January 31, 1997 (Docket No. EC96-2-000).