A TRANSFORMING EVENT

Retail sales of gas and electricity run about $300 billion a year. The deregulation of energy production, wholesale logistics, and bulk consumption has brought competition to about 40 to 45 percent of the value chain from wellhead and busbar to the retail meter.

The U.S. Court of Appeals for the Sixth Circuit has upheld the Nuclear Regulatory Commission's (NRC's) decision approving the VSC-24 concrete cask for storing spent nuclear fuels. The generic approval of the technology permitted Consumers Power Co. to construct dry cask facilities at its Palisades nuclear project and begin loading spent fuel. The State of Michigan and owners of land near the Palisades plant claimed that the Atomic Energy Act required the NRC to hold hearings to consider site-specific issues.

The U.S. Court of Appeals for the Sixth Circuit has ruled that the Cable Television Consumer Protection Act of 1992 (Cable Act) does not invalidate existing exclusive franchises for local cable television service. The case involved a Tennessee municipality that sought to establish its own cable system, claiming that the Cable Act abrogated the exclusive franchise it had previously granted to a private company.

The District of Columbia Public Service Commission (PSC) will permit Washington Gas Light Co., a natural gas local distribution company (LDC), to continue collecting Order 636 pipeline transition charges through its purchased-gas adjustment clause (PGA), but "questions" whether the costs should become a standard PGA element. The PSC set the matter aside for further review, voicing concern over the "potentially unchecked magnitude" of the costs absent regulatory oversight.

The Pennsylvania Commonwealth Court has overturned and remanded parts of a ruling by the Pennsylvania Public Utility Commission (PUC) that allows electric companies to impose rate surcharges to recover costs associated with demand-side management (DSM) programs, including lost revenues and incentives for program performance. The court ruled that state law limits recovery of incentives or the costs of physical facilities to base rate proceedings.

The Tennessee Public Utilities Commission (PUC) has opened a generic proceeding to establish a policy governing recovery of Order 636 pipeline transition costs by natural gas local distribution companies (LDCs). The PUC noted that one LDC, Nashville Gas Co., is currently recovering costs from all customer classes based on total system throughput, but has agreed to halve the charge for interruptible customers. Other LDCs use different methods to assess the costs to customers.

The Michigan Public Service Commission (PSC) has dismissed an application by Consumers Power Co. for authority to implement its controversial "Rate K" competitive tariff for electric service. The utility had claimed that greater pricing flexibility was necessary to meet substantial competition from self-generation, new municipal utilities, and utilities outside the state, but the PSC found that due to numerous objections to the rate plan and subsequent modifications of the proposal by Consumers, the proceeding had become so complex that the docket should be closed.

The Massachusetts Supreme Court has ruled that the state's Energy Facilities Siting Board could not rely on a ruling by the Massachusetts Department of Public Utilities (DPU) to determine project need as part of the construction approval process for a qualifying facility (QF). The Siting Board had found itself unable to determine the need for a 170-megawatt gas-fired cogeneration project proposed by Altresco Lynn, Inc. because it was unclear whether Massachusetts utilities would require surplus power from out-of-state suppliers before 2000.

The U.S. Court of Appeals for the Third Circuit has ruled that the New Jersey Board of Public Utilities (BPU) is preempted under the federal Public Utility Regulatory Policies Act (PURPA) from ordering a qualifying facility (QF) and an electric utility to renegotiate or settle on a buy out of a previously approved purchased-power agreement. The QF, Freehold Cogeneration Associates, L.P. had refused to alter its contract with Jersey Central Power & Light Co.