Congress

LAST NOVEMBER, Energy Secretary Federico Peña asked the DOE

to study what to recommend about the Tennessee Valley Association in drafting proposed legislation on electric restructuring for the Clinton Administration. He referred the project to a committee of the Secretary of Energy Advisory Board, led by former South Carolina Congressman Butler Derrick.

The committee issued its report on March 31. The DOE had already released its legislative guidelines on March 25, six days earlier.

IF CONGRESS SHOULD CONSIDER LEGISLATION TO MANDATE retail wheeling - and even with a date certain - those states that have already opened their markets will still likely ask for reciprocity to guarantee that any competitor seeking entry will welcome competition in its own home territory. Why? Some states are moving more quickly than others. Second, others have indicated they do not intend to open at all.

Arguably, state lawmakers could enact a reciprocal covenant on their own.

TWO YEARS HAVE ELAPSED SINCE CONGRESS PASSED THE Telecommunications Act of 1996 to "provide a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans." %n1%n

Today, however, telephone deregulation has reached an impasse. Few customers enjoy competitive alternatives for local exchange service. Concentration in long-distance markets appears to be increasing.

RECENT CONFERENCE on independent system operators held by the Federal Energy Regulatory Commission was, in many respects, a tremendous achievement. It is a testimony to this Commission that its members can muster the stamina to listen to one-and-a-half days of mind-numbing technical discussion of power technology and regulation.

Nevertheless, there is inevitably a misstep or two in these massive "hearing-thons." In this case, the discussion nearly went awry when it turned to comparisons between transcos and ISOs.

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.

AN EDITOR'S JOB IS A CONTRADICTION IN TERMS. Reveal the truth, unmask what's fake. Simplify, but entertain. Attract attention, but don't get noticed.

Sometimes, however, you've got to stick your neck out. So that's what I did a few weeks ago when I wrote how Commissioner Curt Hébert had become a "loose cannon" at the Federal Energy Regulatory Commission by sometimes refusing to go along with the full agenda. I posed a question: Was Hébert the Commission's nemesis?

Well, this time I did get noticed (em by none other than the commissioner himself.

PUBLIC UTILITIES FORTNIGHTLY SPOKE WITH FEDERAL Energy Regulatory Commission Chairman James Hoecker shortly after the Clinton Administration released its long-awaited Comprehensive Electricity Competition Plan.

Although Hoecker sees new legislation as only "the remotest of possibilities" for this session of Congress, he expects that the "real debate" will begin next year, with environmental issues perhaps proving to be the most difficult to solve.

Are mergers bad for competition? "Not necessarily," he says.

IF AN INDEPENDENT SYSTEM OPERATOR OVERSEES THE TRANS-

mission grid, how much independence is too much? Should ISOs cede control over dispatch to scheduling coordinators, or market functions to a power exchange? Addressing some of these questions, a new report released in April by The Progress & Freedom Foundation criticizes a restructured electric industry built on ISOs with restricted authority.

UHCA REPEAL NOW. In her article, "Why PUHCA Repeal Is Still on Hold," published Feb. 15, 1998, Beverly Jones suggests the reason legislation to repeal the Public Utility Holding Company Act of 1935 hasn't passed Congress is because there hasn't yet been an "open dialogue" among all interests to deal with a wide range of electricity restructuring issues, including PUHCA.

Open dialogue is always important, and a review of the past two years shows that not only has such a dialogue taken place, but the case for immediate repeal of PUHCA, on a standalone basis, is stronger than ever.

FOILING EXPECTATIONS OF BOTH SUPPORTERS AND detractors, the Clinton Administration's proposed electric restructuring legislation offered no new policy on carbon-dioxide emissions, such as a cap-and-trade program similar to that already in place for sulfur dioxide.

But don't breath a sigh of relief. The debate has only begun.

Many observers see the Administration's tactics on CO2 as an obvious attempt to sidestep a highly sensitive political issue. They appear to agree that at some point the Administration must confront CO2 emissions.