The U.S. Court of Appeals for the District of Columbia Circuit has overturned a Federal Energy Regulatory Commission (FERC) gas pipeline order, finding that the FERC had failed to support its decision to use a hypothetical capital structure in determining the pipeline's revenue requirement. In setting rates for Transcontinental Gas Pipeline, the FERC found the corporate parent's equity ratio of 16.27 percent abnormally low.
The Ohio Public Utilities Commission (PUC) has approved a merger agreement between Cleveland Electric Illuminating Co. and Toledo Edison Co. The utilities, wholly-owned subsidiaries of the same holding company (Centerior Energy Corp.), argued that the PUC had no statutory authority to review the details of the merger and should either dismiss or approve the application.
The Florida Public Service Commission (PSC) has decided to remove long-standing prohibitions on the resale of special access and private line telecommunications services provided by local exchange carriers (LECs) in the state. It said customers were more concerned about price and quality of service than whether facilities used to provide service were leased or owned by their provider. It added that recent restructuring of private-line service tariffs now ensured that LECs recover the cost of providing such services.
The Michigan Court of Appeals has upheld a 1991 ruling by state regulators permitting Consumers Power Co. to recover $760 million in costs associated with its abandoned Midland nuclear generating project. The utility had requested recovery of over $2 billion after it halted construction in 1984.
The court rejected claims by ABATE, a ratepayers group, that the commission lacked authority to apply a "prudent investment" test to recovery of plant costs regardless of whether the investments eventually proved necessary or beneficial.
The U.S. Court of Appeals for the Seventh Circuit has struck down as unconstitutional Illinois' 1991 Coal Act, which required state utility regulators to develop pollution control plans aimed at maximizing the use of high-sulfur coal mined in the state. The Act also allowed scrubber costs associated with the use of high-sulfur coal to be passed through to ratepayers.
How risky are utility investments today? Regulators have always faced this question when setting the return component of rates under traditional rate base/rate of return regulation. With major industry restructuring looming, risk issues have become proportionately more important and complex. California regulators, for example, have increased the return for the state's electric utilities to account for investor worries over the pace of restructuring in the "Blue Book" proceeding.
On December 12, 1994, Craven Crowell, chairman of the board of the Tennessee Valley Authority (TVA), issued two well-publicized announcements. First, TVA would not finish three of the nuclear units it has had under construction since the 1970s, unless it could find partners willing to share their construction costs (a prospect he subsequently characterized as "very slim,").1 Second, TVA planned to set an internal cap on its total debt at a level $2 to $3 billion below the $30-billion limit imposed by the Congress.
Commissioner Donald F. Santa, Jr., offered the Federal Energy Regulatory Commission's (FERC's) view of the "New Power Industry" at the 3rd annual electricity conference sponsored by the Western Energy and Communications Association and the Los Angeles Power Producers Association in Irvine, CA. Santa acknowledged current trends toward disaggregation, but said he doubted that a single, uniform, nationwide industry structure would emerge.
Republican members of the Senate Commerce Committee have released an outline of draft telecommunications legislation that would remove all state or local barriers to entry for telecommunications service. The legislation would allow any regional Bell operating company (RBOC) to apply to the Federal Communications Commission (FCC) to offer interexchange services (em subject to generic safeguards, such as a separate subsidiary requirement. If the FCC certifies that interconnection/opening requirements have been satisfied, the RBOC request must be granted.
The pending merger of El Paso Electric Co. (EPE) and Central and South West Services, Inc. (CSW) keeps going and going and going. But the issue of "comparability" has yet to be left in the dust. And so another landmark case looms large, giving the Federal Energy Regulatory Commission (FERC) another opportunity to shape future wheeling and merger transactions.