How 165 lawyers were mostly on the wrong side in the biggest electric merger to date.

With Warren Buffet buying up MidAmerican Energy as his own personal utility, and Bill Gates taking a stake in Avista, the standard electric merger starts to look tame.

For that and other reasons, I believe it's all but certain that the Federal Energy Regulatory Commission will soon OK the electric industry's biggest-ever merger, combining American Electric Power Co. with Central and South West Corp.

Vicky A. Bailey, a member of the Federal Energy Regulatory Commission, has left the FERC to serve as president of Cinergy Corp.'s PSI Energy Inc. unit in Indiana. Bailey served on the Indiana Utility Regulatory Commission before joining FERC in 1993.

Janet Gail Besser, chair of the Massachusetts Department of Telecommunications and Energy for two years and a board member since 1995, resigned in December. She was to join consultant Lexecon Inc. in March.

SEMCO ENERGY Inc. named Barrett Hatches president of ENSTAR Natural Gas Co. He succeeds Richard Barnes.

While coal demand for electric generation is expected to increase, recent environmental suits could give alternative fuels an edge.

The future of the U.S. coal industry is increasingly uncertain as witnessed by new environmental regulations and legal proceedings. Last year was a benchmark period, as environmentalists and the federal government separately filed lawsuits to further control surface mining in West Virginia and coal-fired emissions, respectively. Despite these developments, the use of coal for electric generation continues to grow.

Mergers & Acquisitions

NSP + New Century. The Federal Energy Regulatory Commission OK'd the merger of Northern States Power Co. (NSP) and New Century Energies Inc. (NCE), to form Xcel Energy Inc., on condition that the new company would join the Midwest Independent System Operator. FERC Docket No. EC99-101- 000, Jan. 12, 2000, 90 FERC ¶61,020.

* Rate Pancaking. The FERC found no problem with transmission rate pancaking with the MISO condition, even though NCE subsidiary Southwestern Public Service Co. (SPS) belongs to the rival Southwest Power Pool.

"Sensible Approach" or Misguided Meddling?

The proposal by Reps. Franks and Meehan to sell federal power at market rates provokes conflicting responses from readers.

I am writing in response to an article written by Reps. Franks and Meehan entitled, "The Sensible Approach: Federal Power at Market Rates," published in the Nov. 1, 1999 edition of Public Utilities Fortnightly (see pp. 44-47). I agree that it is outrageous that electricity services for people in the Northwest are subsidized (regardless of the customers' ability to pay) by the rest of the people in this country.

I know what you are thinking. We're in an age of deregulation, so the role of the state public utility commission is diminishing. You feel you can cut back on your regulatory affairs staff and concentrate on your business - on your marketing plan. Well, think again.

"Deregulation" doesn't quite describe what's happening today in energy and telecommunications. In reality, we are restructuring, not deregulating. And restructuring will raise a number of difficult issues that, like it or not, must survive review by your friendly state regulator.

Utility restructuring seems to prompt more lawsuits by customers.

In Chicago, Commonwealth Edison Co. settles a class action lawsuit for a heat-wave outage, paying $2.5 million for items including "food spoilage," to customers served by certain city substations. In California, Pacific Gas & Electric Co. spends $8.3 million to resolve 98 percent of some 6,600 outage-related claims.

Why not use the Web to buy and sell transmission rights at prices derived from bids and offers?

You make an offer, I accept. You deliver a product, I deliver money. This simple construct works well in just about any industry you can name. When a willing buyer and seller negotiate a contract, each achieves an outcome he considers best. Moreover, each is obliged to meet the needs of the other - reliably. No central authority sets the price or allocates supply. We depend on markets for reliable production and delivery of other essential goods; why not for electricity?

Power plants can bid on more than one product. That's why most spark-spread studies miss the mark.

Forward energy prices can make it look easy to place a value on a power plant. Yet something is missing. Plants can sell more than one product. One price may be up while another is down. As Einstein said, a theory should be as simple as possible, but no simpler.

That is why it is worth reexamining the methods commonly used to calculate forward price curves and estimate the expected revenues and profits of generating assets.

Some in California say they will pay double - once to the ISO, then again to the IOU.

What if power prices fall but the savings get eaten up by higher transmission rates? Let's say we unbundle the wires, but end up creating just another layer of costs? We pay the independent system operator (ISO) to run the grid, but the investor-owned utility (IOU) still owns the wires. It has its own costs to recover. So now we pay two bills, right?

The issue is troublesome for California's electric utilities and a quagmire for Pacific Gas & Electric Co. In a new tariff it filed on Nov.