Appeals Court Holds FP&L Immune From QF Antitrust Complaints

The U.S. Court of Appeals for the 11th Circuit has ruled that Florida Power and Light Co. (FP&L) is protected by the state action immunity doctrine from liability to cogenerators (QFs) for alleged antitrust violations. The QFs had claimed that FP&L violated federal antitrust laws when it refused to wheel their power to offsite end users.

Appeals Court Upholds Retail Sales by QF

A New York appeals court has upheld a 1994 decision by the New York Public Service Commission (PSC) authorizing a qualifying cogeneration facility (QF) to make retail sales to certain industrial customers in the service territory of a retail electric utility. The PSC had authorized Sithe/ Independence Power Partners L.P. (em developers of a 1040-megawatt natural gas fired QF (em to sell electricity to steam host customers Alcan Rolled Products Co. and Liberty Paperboard L.P. See, Re Sithe/Independence Power Partners L.P., 155 PUR4th 149 (N.Y.P.S.C. 1994).

Off Peak

Will deregulation spell the end of utility philanthropy? Not necessarily so, according to a new study

of charitable giving at 11 investor-owned electric utilities from across the country.

Of those companies surveyed, one pegged its charitable contributions budget as a percent of revenue. Some indicated that they

followed the "utility average" of giving 0.5 percent of income before taxes. (The national average for all companies is 0.9 percent.) Four utilities reported donations at or above that figure.

Energy Service Companies: No More Mr. Niche Guy

The larger companies are winning more business. But how will

they fit into a restructured industry?

Put 45 energy service companies (ESCos) into a $1-billion market, and they easily average over $20 million each. That's almost four dozen companies exploiting a niche an eighth the size of the microprocessor industry.

So it's easy to understand why new ESCos, half with utility roots, enter the fray weekly.

Retail Aggregation: A Guaranteed Right for Small Customers?

With a CTC likely to cover stranded costs,

aggregators must somehow find power cheap

enough to offer real savings.

Retail aggregation: Wherever you stand, it appears 1998 could be the year of reckoning.

By then (em say those watching the future of aggregation in the "leader" states of California, New York, Massachusetts, and New Hampshire (em rulemakings will have sorted out the issues of stranded costs, distribution, and reliability.

The Gas Storage Market: What Does it Tell Us?

The authors asked pipelines

and LDCs how they used storage.

Leasing activity proved a surprise.

Since deregulation, the natural gas industry has seen tremendous changes in every sector. Competitive pressures have reorganized business strategies so much that only those firms that adapt will survive. One area that stands ripe for change is the natural gas storage market.

Why build gas storage fields?

Frontlines

Lately I'm reading up on the new Telecommunications Act. Last week I printed a copy from the Internet and stuffed it in my briefcase. Each night on the train I give it a go and skim a few sections.

The new law unabashedly favors competition over regulation, but appoints state commissions (PUCs) to certify when that competition may be deemed effective enough to open markets. Thus, the PUCs will take at least one last shot at managing markets before they relax regulation for competitive services.

People

Carter T. Funk was promoted to v.p.-business and operations services at Consolidated Natural Gas Co. He moves up from v.p.-asset acquisition and resource development at CNG Energy Services.

Marian M. Davenport was promoted to v.p., general counsel, and secretary for Destec Energy, Inc. She replaces Stephen R. Wright, who retired.

Central and South West Corp. has elected Jim Ellis, chairman and CEO of SEEBOARD plc, to its board of directors.

Mailbag

Forecasts Send ROEs Wide of the Mark

In a recent "Offpeak" ("Forecasting is Just That," Jan. 1, 1996, p. 54), David Foti and Clay Denton report data showing the percentage of error found in various seven-year forecasts of natural gas prices (1988-94) produced by the American Gas Association (A.G.A.), Energy Information Administration (EIA), DRI/McGraw-Hill (DRI), Gas Research Institute, and WEFA Group. These errors ranged from approximately 50 to 95 percent.