Commonwealth of Massachusetts

Labor Costs and the Rate Case

Incentives, staffing, and benchmarking in a tight economy.

In several recent utility rate cases, regulators have disallowed portions of utility compensation expenses, on the basis that difficult local economic conditions justify pay cuts. However, when utilities begin squeezing their uniquely qualified technical and management staffs, performance can suffer. Analysis Group authors David W. Sosa and Virginia Perry-Failor review experiences at several companies to show how an evidentiary approach will help utilities avoid disallowances of critical compensation for valued employees.

Greenhouse Chill

Has the Supreme Court frozen climate change litigation?

The Supreme Court’s decision in American Electric Power v. Connecticut strongly limits private nuisance actions against greenhouse gas (GHG) emitters by keeping these cases out of federal court. But the AEP decision won’t stop lawmakers from enacting new GHG regulations, and it won’t prevent plaintiffs from suing emitters in state courts.

People (January 2011)

NARUC elects new Executive Committee, Arizona State University chooses former ACC Commissioner Mayes as head of new program at Sandra Day O’Connor College of Law, executive announcements at Southern Company, Calpine, Dominion and more.

Commerce Clause Conflict

In-state green mandates face Constitutional challenges.

In effort to promote local green energy resources, some states are enacting policies that tread on federal authority. Restrictions on power imports to satisfy RPS requirements might violate the Commerce Clause of the U.S. Constitution. Can the states foster home-grown energy without running afoul of federal laws?

California Dreamin'

Left-coast lawmakers envision a greener America.

As the new U.S. government takes shape, at least one trend seems clear: California is taking over the country. Well, maybe not “taking over,” exactly. But leading.

Supreme Court RoundUP: Pivotal Cases for the Clean Air Act

How greenhouse gases and Best Available Control Technology could shape the regulatory landscape—and the environment.

Two cases involving traditional pollutants and climate change are before the court. In addition to questions about the EPA’s regulatory power, both cases raise critical threshold “jurisdictional” questions about the courts’ role in addressing these issues.

Perspective

Want auctions for gas capacity? Don't think pipeline. Think online.

In July 1998, the Federal Energy Regulatory Commission signaled its intent to try one more time to make greater use of electronic auctions in the pricing and allocation of regulated gas pipeline transmission capacity. The proposed rule, issued in Docket No. RM98-10, marks the third major effort by the commission in this area. Several workshops have already been held. Formal comments are due Jan. 22.