New England Electric System (NEES) and the majority leaders of both houses of the Rhode Island Legislature have proposed legislation that would restructure the state's electric utility industry. The legislation provides for full recovery of all stranded costs, and phases in open access for all retail customers by January 2001. Although customer choice would come about relatively quickly, rates would not decline much in the near term because a transition charge shields NEES from most of the restructuring risk.

Niagara Mohawk Power Corp. (NiMo) has asked the Federal Energy Regulatory Commission to rule that a New York state law violates the Public Utility Regulatory Policies Act of 1978 (PURPA) by requiring ratepayers, in effect, to reimburse gas-fired QFs (qualifying facilities) for payments made under a state-imposed, 4.25-percent natural gas import tax.

NiMo says that the tax and the reimbursement mandate will add $7.2 million to the electric bills of its customers in 1996 (em a figure that could climb to $13.5 million by 2006.

The Federal Energy Regulatory Commission (FERC) has declined jurisdiction in a dispute between Montana Power Co. and Puget Sound Power & Light Co. over a firm purchased-power contract and the seller's obligation to exert "best efforts" to secure necessary firm contractual rights to transmission service to complete the firm power transaction. The FERC prefers that the matter be heard in the federal district court in Montana, where related litigation is already pending.

CSW Communications, Inc., a subsidiary of Central and South West Corp., has become the first company to file at the Federal Communications Commission (FCC) to become an "exempt telecommunications company" under the telecommunications reform legislation signed into law by President Clinton. Previously, CSW was barred from entering the telecommunications market by the Public Utility Holding Company Act.

Speaking at the American Gas Association's Natural Gas Roundtable in Washington, DC, on February 13, FERC Commissioner William L. Massey called on parties within the natural gas industry to resolve the problem of decontracting (capacity turnback) on natural gas interstate pipelines. Nevertheless, he offered a bit of help from the Federal Energy Regulatory Commission (FERC).

For its part, said Massey, the FERC will remain flexible, as shown by its order allowing Natural Gas Pipeline Co.

A unique force of 25 environmental and energy/utility companies have joined together and filed comments on the Federal Energy Regulatory Commission (FERC) Notice of Proposed Rulemaking on open-access electric transmission (Mega-NOPR), and the subsequent draft environmental impact statement (EIS), asking the FERC to mitigate the air-pollution impact of plans to promote wholesale electric competition and open access to utility transmission lines.

The parties urge the FERC to link its open-access policy with an environmental strategy that reduces air pollution at the g

The Federal Energy Regulatory Commission (FERC) has approved a series of orders clarifying that it will not deny or revoke market-based, wholesale electric rates for utilities or their marketing affiliates without first allowing them to correct defects in their open-access transmission tariffs (Docket Nos. ER94-1045-000 et al., Feb. 14, 1996).

Utilities with existing market-based rates (or affiliates with such rates) will have 15 days to refine their open-access tariffs after the FERC identifies a problem (em only then will market-based rates be revoked.

Six midwestern utilities have agreed to establish an independent system operator (ISO) to ensure nondiscriminatory open access to their combined bulk-power transmission systems.

Plans for the "Midwest ISO" should be filed at the Federal Energy Regulatory Commission (FERC) late in 1996. Members include American Electric Power Co. (AEP), Centerior Energy Corp., CINergy Corp., Detroit Edison Co., Northern Indiana Public Service Co., and Wisconsin Electric Power Co.

(telecommunications, environment).

State utility commissioners have gone on record asking Congress to "call them first" before it legislatively restructures the electric industry.

That resolution prompted some of the liveliest debate at the National Association of Regulatory Utility Commissioners' (NARUC) Winter Committee meetings. About 1,000 people attended the 10-day event in Washington, DC, February 21 to March 1.

If there is anything more abhorrent than wife-beating and drug abuse, surely it must be monopoly. Monopoly is un-American: To the economist it represents the very state of original sin. To the courts it ranks with conspiracy. Monopoly promises economic waste, throttled production, obscene profits, and naked power (em all rolled into one. Consider what used to be called the "public utilities." In that sphere, regulated monopoly flourished for many years.