TMI Plaintiffs Can Seek Damages

The U.S. Court of Appeals for the Third Circuit on October 17 ruled that plaintiffs claiming injuries related to the 1979 accident at Unit 2 of the Three Mile Island nuclear plant (TMI-2) may seek punitive damages. Plaintiffs may receive compensatory and punitive damages under the Price-Anderson Act from: 1) primary financial protection provided through commercial insurance policies, which is required of all nuclear utilities; and 2) secondary financial protection in the form of private liability insurance under an industry retrospective rating plan.

Mailbag

Low Loads, Short Ride

Kevin O'Donnell's article "Aggregating Municipal Loads: The Future is Today" (Oct. 1, 1995) argues that residential and small commercial low-load-factor customers will do well in a competitive environment. Yes, I agree that the future for these customers is definitely today. Low-load customers will do much better in the short run. As long as excess capacity exists, sellers will price at little more than short-run marginal cost. Once excess capacity dries up, however, fixed costs will have to be paid.

People

Entergy Corp. has hired John A. Brayman, former president of Ameritech Corp.'s telephone industry services subsidiary in Chicago. Brayman will continue company expansion into nonregulated, domestic energy, and utility-related business as executive v.p. of Entergy Enterprises, Inc. and president of an as-yet unnamed group.J. William Holden was named Southern Electric International's v.p. for operations and development in Latin America and the Caribbean.

GE Supply, a General Electric division, promoted William C. Betke to g.m.

Frontlines

John Anderson is jumping out of his shoes. And his socks, too. His group, the Electricity Consumers Resource Council (ELCON, where Anderson serves as executive director) may at last get its way.During a few weeks in October, a good half-dozen energy industry players (em including utilities and regulators (em came out in favor of customer choice for electric and gas service.

Today's Data is Tomorrow's Service

Better use of existing data is the key to enhanced revenue.

Utility automation seeks to reduce operational costs and deliver new value-added services.

The first goal is straightforward and quantifiable. For example, when Public Service Co.

Deconstructing the Information Superhighway: A Map for Utilities

Analysts may tout the coming "convergence" of communications technologies, but the real trend is "divergence."

No subject in recent memory has received as much media attention as the "Information Superhighway". But exactly what it is remains curiously unclear. The Internet? Wireless personal communications services (PCS)? Interactive fiber-optic cable to the home? The Infobahn is all of these and more.

PoolCo and Market Dominance

Imagine if the airlines had followed a utility model when they deregulated back in 1978.You and five other planeloads show up at the airport to catch a flight to Chicago. Every few hours the airport operator holds an auction for the next hour's Chicago flights. Delta offers two new 767's at $200 per ticket. U.S. Air bids one 737 at $300. American has six

DC-9's and bids each one at $1,000 per head. When the auction ends, Delta and U.S. Air fill their planes.

Missouri Finds Affiliate Study Contract Imprudent

Concluding an investigation of supply-cost recovery for the Associated Natural Gas Co., a natural gas distribution company (LDC), the Missouri Public Service Commission (PSC) has found imprudent the LDC's long-term supply contract with an affiliated supplier, SEECO, Inc. The PSC excluded from adjustment clause recovery one-half the premium paid above spot-market prices under the contract for firm fixed-price swing-gas supply. The PSC said the LDC failed to properly evaluate other gas suppliers prior to entering into the contract or to document its gas purchasing practices.

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.

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.