Commission

At Addison Mizner's pink fantasy on a Spanish theme, the Boca Raton Resort, the Edison Electric Institute (EEI) waited for Godot. Yes, that was the theme of EEI's 30th financial conference, and its first plunge into literature. You may remember the play, in which two hobos talk endlessly while waiting for the mysterious Godot, who has not yet arrived by the final curtain. In the same way, electric utilities and those who invest in them have been awaiting the advent of restructuring, the California remake of the industry, retail wheeling somewhere, and the wipeout of stranded assets.

The Federal Energy Regulatory Commission (FERC) has denied a Jersey Central Power & Light Co. (JCPL) request that it invalidate the procedures used by the New Jersey Board of Public Utilities (BPU) to implement the Public Utility Regulatory Policies Act of 1978 (PURPA) (Docket No. EL95-36-000).

JCPL claimed that state procedures required it to enter into a purchase agreement with a qualifying facility, Freehold Cogeneration Associates, L.P., for 100 megawatts of power at rates that exceeded JCPL's avoided cost at the time of contract execution and approval.

A new Federal Energy Regulatory Commission (FERC) order in the restructuring proceeding for Natural Gas Pipeline Co. of America (NGP) suggests how the Commission will handle evolving issues in natural gas decontracting (Docket Nos. RP95-326-000).

NGP had asked to implement its compliance rates for new services in conjunction with a deferred-cost mechanism, allowing it to defer collection of revenue shortfall it allegedly would experience under those rates.

The Nuclear Regulatory Commission has imposed a $600,000 civil penalty on Public Service Electric and Gas Co. (PSE&G) for six violations at the Salem Nuclear Generating Station. PSE&G, which owns and operates 42.59 percent of the plant, responded by shutting Salem down temporarily.

"We take no issue with the concerns raised by the NRC," says Leon R. Eliason, PSE&G chief nuclear officer and president of its nuclear business.

Sen. Alfonse D'Amato (R-NY) has introduced a bill to replace the Public Utility Holding Company Act of 1935 (PUHCA) with a new holding company act that would give the utility industry greater flexibility. Endorsed by a bipartisan group of senators, the bill is co-sponsored by Frank Murkowski (R-AK), chairman of the Senate Energy and Natural Resources Committee, and J.

At its first-ever annual meeting, held in Baltimore, MD, GISB also was gently chided and commended by James J. Hoecker of the Federal Energy Regulatory Commission (FERC): "I submit to you that GISB must not, in an attempt to please everyone, set standards at the lowest common denominator.

Almost everyone in America has heard of Cal Ripken, Jr. But have you ever wondered what you and the utility industry have in common with him?There are at least three things. Let me tell you how I know.

On September 6, 1995, Cal Ripken broke Lou Gehrig's record of 2,130 consecutive baseball games played. I was privileged to attend that special game at Oriole Park at Camden Yards with my son Michael.

Youngstown Thermal (YT), a steam provider, has filed a lawsuit against Ohio Edison Co., seeking more than $3 million in damages for alleged anticompetitive practices. An August 31 ruling by the Ohio Public Utilities Commission (PUC) found that Edison's contract to provide cooling services to the Mahoning County jail allowed for revenues below the utility's actual cost of providing service, and was negotiated for the purpose of destroying competition.

Oklahoma appears finally to have settled a 1992 Southwestern Bell Telephone (SBT) rate case, refunding customers about $438 million and cutting rates by $84.4 million annually. The settlement follows an FBI investigation and allegations of commission bias. The Oklahoma Supreme Court will formally approve the settlement once the many related, pending lawsuits are dismissed.

The U.S. Court of Appeals for the Third Circuit on October 17 ruled that plaintiffs claiming injuries related to the 1979 accident at Unit 2 of the Three Mile Island nuclear plant (TMI-2) may seek punitive damages. Plaintiffs may receive compensatory and punitive damages under the Price-Anderson Act from: 1) primary financial protection provided through commercial insurance policies, which is required of all nuclear utilities; and 2) secondary financial protection in the form of private liability insurance under an industry retrospective rating plan.