Law & Lawyers

Firm Transportation Contracts: When They Expire - A Five-Step Primer for Pipeline Shippers

An interview with David A. Boger, Stephen D. Moritz and Joseph G. Baran of Strategic Energy Ltd.

The expiration and renegotiation of firm transportation contracts on the pipelines in North America is becoming increasingly complex. For example, TransCanada Pipeline ("TransCanada") in the past consistently renewed its expiring contracts for five- to 10-year periods at maximum rates. It also regularly expanded its capacity, requiring 10-year commitments two years in advance of availability.

A Subtle but Clear Preference for ISOs

Do not mistake the FERC's professed neutrality on what works best for regional transmission organizations.

In its final rule on regional transmission organizations, known as Order 2000,[Fn.1] the Federal Energy Regulatory Commission said it would not dictate to the electric utility industry whether and how to form RTOs. Don't be misled. The FERC claims to be agnostic,[Fn.2] but it still has a vision. And that vision leads inexorably to one conclusion. The preferred form for an RTO is the independent system operator, or ISO.

Exposing Myths on what the FERC Really Wants

Read the RTO Rule. You'll see that it paves the way for transcos.

On Dec. 20, the Federal Energy Regulatory Commission hit the streets (both Wall and Main) with Order 2000, its rule on regional transmission organizations (RTOs). Ever since, utilities, investors and their advisers have been poring through the 727 pages of the document. They want to know, "What does the FERC really want?"

The question is not simply academic. On March 1 in Cincinnati, the FERC will open the first of five collaborative workshops to explore the RTO Rule and help the industry respond.

Frontlines

The Midwest ISO struck a deal with utilities from low-cost states, but it may backfire.

Why should low-cost states get excited about handing over a chunk of their utility assets to an independent system operator (ISO) or other qualifying regional transmission organization (RTO)?

They might buy in if the ISO offers enough of an incentive.

People

The National Association of Regulatory Utility Commissioners appointed James Bradford Ramsay its general counsel. Ramsay's career at NARUC began in 1990. He previously served as a rates attorney with the Federal Energy Regulatory Commission.

Chris Duhon, the former president of Houston-based Additech Inc., was named vice president and general manager of GRI's pipeline business unit.

Michael R. Peevey, founder and chairman of NewEnergy Inc., resigned in January. His company previously was called New Energy Ventures.

Commonwealth Edison Co. appointed Nicholas J.

News Digest

STATE PUCS

Distributed Generation. In December and January the Illinois commission took comments from utilities, marketers, manufacturers, and trade and advocacy groups on how to develop policy on distributed generation.

* Rulemaking Strategy. Enron has urged the state to proceed in a fashion similar to the California PUC's

two-track investigation. It asked for two separate rulemakings on (1) interconnection standards for DG installations of 50 megawatts or less, and (2) rate design and operational issues.

* Unit Size Limits.

News Analysis

They see leasing and dark fiber as "no-risk" ventures, with more upside potential.

Few seem ready to predict when demand might wane for rights-of-way for long-haul telecommunications. The consensus suggests a long-lived market - with interstate natural gas pipelines primed to take advantage. The question seems not so much whether to dive in, but how deeply to get involved.

Should pipelines stick to leasing rights-of-way to carriers? Or should they lay fiber and perhaps offer their own long-haul services?

Off Peak

While Texas ponders how best to help rural co-ops move to electric competition, some interests question whether bailouts are needed at all.

Big Fish, Little Fish

"The co-ops are like a school of little fish, all right? And there's a school of big fish out there who are going through and taking munches, okay? And if the little fish aren't protected, the big fish will eat them."

- Former ERCOT representative, on the fate of Texas co-ops

"Lots of co-ops that serve very rural remote areas [may] not see a lot of difference¼.

Frontlines

Why utilities haven't scored at e-commerce.

From what I hear, utilities would love to junk their call centers, whether or not they run them in-house. Call centers had their moment in the sun, but today the Internet makes them look feeble. Why hire a minimum-wage sales staff to take orders by phone when consumers will gladly input their own bids at the click of a mouse? You can't trim transaction costs any closer than that.

News Digest

State PUCs

Retail Energy Choice. At press time, Virginia issued proposed interim rules governing pilot programs for electric retail competition in electricity and natural gas, with comments due Feb. 24. The interim rules were not expected to resolve all issues, but only to provide a starting point to gain experience.

Among other points, the interim rules would require utilities to make information available through electronic bulletin boards on availability of commodity supply, ancillary services, and transmission and distribution capacity. Case No.