Alabama Power

In a "like kind exchange" transaction, the IRS permits a seller to defer taxes on its inherent gain on assets being sold.

The utility community is starting to experiment with a "like kind exchange" (LKE)-a type of tax-advantaged asset acquisition and disposition transaction used extensively in connection with commercial real estate and various types of personal property, but which heretofore has not achieved widespread acceptance in the utility industry.

Glenn P. Barba has been elected vice president and controller of Consumers Energy. He joined the utility in 2001 as controller. Previously, he served as controller for CMS Generation. Before joining CMS Generation in 1997, Barba spent nine years in public accounting, with a focus on the energy industry. Consumers Energy also named Kim D. Morris, a 20-year human resources veteran at the company, as human resources director for Consumers Energy's generating plants.

Mergers & Acquisitions

CP&L + Florida Progress. Carolina Power & Light announced Aug. 23 that it would purchase Florida Progress Corp. for $5.3 billion in a combination that would create the nation's ninth-largest utility in terms of generating capacity, with $6.7 billion in annual revenues and 2.5 million customers in three states. CP&L would pay a premium (between 16.5 percent and 21 percent) over the pre-announcement share price of FP stock.

CANADA MAY CLAIM ONLY A SMALL SHARE OF THE world's high-profile power developers, but that hasn't stopped its financial institutions from becoming big players. These public and private lenders have made available billions of dollars to nearly any project willing to use Canadian consultants or equipment.

Furthermore, the government is willing to back its country's products with political risk insurance as part of the package. In a world where power projects are becoming expensive and pose greater market and political risk, Canadian involvement is welcomed.

Courts

ENERGY SUPPORT SERVICES. An Illinois appeals court affirmed a 1997 decision by the state commission that had denied authority to Commonwealth Edison to offer "energy support services," such as design, engineering, construction, analysis and management of electrical power equipment and energy systems. The court made this decision despite the utility's argument that no evidence existed to support the commission's finding that ComEd enjoyed a monopolist's advantage over competitors.

EL PASO Energy Corp. named C. Dana Rice vice president and treasurer. Previously, Rice served as vice president of finance for Tennessee Gas Pipeline Co.

Duke Energy Power Services LLC named William F. Hall vice president and general manager of California operations. Previously, Hall was the regional manager for Duke Power's 2,700-megawatt Allen, Riverbend and Lincoln power plants in North Carolina.

Linda S. Lennox, who joined NUI Corp. in February 1997 as director of corporate communications and investor relations, was promoted to assistant vice president of the department.