When the fanfare dies down, winners face the same challenge as with any new start-up but may enjoy more options than incumbent licensees.

The Federal Communications Commission's auctions of spectrum should concern two types of energy utilities: those who participate in the auctions and those who don't.

Initially, these auctions were viewed as a spectacular new regulatory tool (em able to raise billions of dollars for the public, without troubling the overburdened taxpayer. As of late, however, a dark side has emerged. Bidders have cried fraud.

A talk with two LDCs. First, PSE&G appears content to cede sales to marketers, Second, NW Natural intends not to give in just yet.

This much is clear: Energy utilities are headed for an unbundled future.

As states from both sides of the country implement residential and commercial natural gas unbundling, require residential choice pilot programs and grapple with electric industry restructuring, competition shows no signs of slowing. To boot, some members of Congress seem eager to give competition a national push.

More low-cost states seen joining the move toward electric restructuring.

Six months ago, those states with the highest electric prices appeared the furthest along on the path to electric industry restructuring. That is no longer the case.

Today, even those states that can boast of lower-than-average rates are exploring avenues toward more competition, as shown below. The table groups states into five tiers, by the level of activity to date. These activities include initiatives by legislatures, regulatory commissions, utilities and other parties.

Resolving a new issue now arising under fuel cost adjustment clauses, the North Carolina Utilities Commission has ruled that electric utilities who buy wholesale power from marketers should treat 75 percent of the energy price component as a "fuel cost," in those instances where the seller cannot or will not provide actual fuel cost data.

The case involved Duke Power Co., which had purchased power from Enron for resale.

The Pennsylvania Public Utility Commission has ended the summer with a series of rulings to guide the state's electric utilities as they devise individual restructuring plans. Overall, the rules seek to temper the effect of competition on certain consumer safeguards and social benefit programs.

Public Purpose Programs. Under new PUC guidelines, electric distribution companies must submit comprehensive, multi-year plans for universal service and energy conservation.

In a long-awaited opinion, the U.S. Court of Appeals for the Eighth Circuit has ruled that the Federal Communications Commission exceeded its authority in approving pricing regulations to open the telecommunications local exchange market to competition.

The court upheld, however, major portions of the FCC regulations governing the duty owned by incumbent local exchange carriers to provide access to the public switched network for new market entrants.

Over the summer, a handful of states approved gas pilot programs that will introduce choice of supplier to residential, and small commercial customers in preparation for the heating season. The decisions welcome the expansion of customer choice to smaller users, but pay careful attention to operational details such as who controls storage and upstream pipeline capacity to performance balancing services.

New Jersey. Finding greater than expected public interest, the New Jersey Board of Public Utilities has authorized New Jersey Natural Gas Co.

Sound bites from state and federal regulators.

Electric Exit Fees. New Jersey board exempts General Motors Corp. from any exit fees imposed in the future to collect electric utilities' stranded costs, in connection with GM's plans to build a $2.2-million gas-fired cogeneration facility (PURPA-qualified) at its Linden auto assembly plant. GM said it had checked all laws and regulations and had found no current obligation to pay exit fees. Docket No. ET96090669, June 24, 1997 (N.J.B.P.U.).

Residential Gas Rates. Arkansas OKs settlement allowing Arkansas Oklahoma Gas Corp.

No clear signal as yet from new chair James Hoecker.

The Federal Energy Regulatory Commission had a busy day on July 30, but observers will have to wait until the fall to learn of any new wide-ranging policy initiatives planned by incoming chair James Hoecker, who has now succeeded Elizabeth Moler in the top post.

The end-of-summer meeting (em and Commissioner Donald F. Santa Jr.'s last (em was marked largely by a lack of controversy.

To the discomfort of my predilections, I cannot deny that which is just.

In the June 1 issue of PUBLIC UTILITIES FORTNIGHTLY, Ken Rose ("Securitization of Uneconomic Costs: Whom Does It Secure?" p.