State regulators face mandates without consensus.
New federal and state policy mandates are pulling state regulators in many directions. The patchwork of regulations has created a new level of complexity for utility investment decisions and political risk for utilities and state regulators alike.
Beyond-the-meter technologies challenge the utility monopoly.
Smart metering and beyond-the-meter technologies are challenging the utility monopoly model. Now, regulated utilities must re-think their customer relationships as a revitalized retail sector provides growth opportunities.
Growing gas storage depends on fair regulatory treatment.
FERC’s final rule authorizing new natural gas storage facilities seems to presume market power for pipelines and new storage. FERC should consider changing that presumption to more accurately reflect Congress’s intent in EPAct 2005.
Ring-fencing after the subprime meltdown.
When Électricité de France stepped in to buy Constellation Energy’s nuclear assets and help the company avoid bankruptcy, the Maryland Public Service Commission conditioned the sale on a set of ring-fencing provisions. The industry has been using such structures to protect ratepayers in complex and high-risk M&A transactions since the 1990s. The protection isn’t foolproof, however—and it can bring problematic regulatory trade-offs.
Transmission cost allocation, the worth of the grid, and the limits of ratemaking.
A look at the issues that the Federal Energy Regulatory Commission must address concerning allocation of costs for certain high-voltage transmission lines 500kV or greater, planned for the PJM region, in the “paper hearing” on remand from the 7th Circuit federal court decision that rejected a socialized, region-wide sharing of costs among all utilities and customers across the RTO footprint.
FERC owns more than one enforcement tool. Besides civil penalties, it can require compliance plans or disgorgement of unjust profits, or condition, suspend, or revoke market-based rate authority, NGA certificate authority, or NGA blanket certificate authority. And lacking criminal penalty authority itself, FERC can refer matters to the U.S. Department of Justice for criminal prosecution. Moreover, while defining an organization as any entity other than a natural person, FERC nevertheless will continue to determine civil penalties for natural person violators, looking to the guidelines for guidance in setting such penalties.
Can a broadly based committee resolve the nuclear waste dilemma?
The Department of Energy assembled an all-star Blue Ribbon Commission on America’s Nuclear Future. With such political and industry heavyweights as Brent Scowcroft, Lee Hamilton and John Rowe, the commission must be taken seriously. But can a broadly focused committee finish the decades-long battle to close the nuclear fuel cycle?
Manufacturers scale up for utility applications.
Photovoltaics technology is emerging as a generation alternative—both for centralized and distributed facilities. Solar industry executives say their companies are overcoming obstacles to large-scale implementation. With advances in design and manufacturing, the future looks bright for utility-scale solar power.
Bringing fairness to FERC enforcement.
FERC’s proposed penalty guidelines provide the opportunity for improved regulation. More practical and consistent characteristics for determining penalty fine ranges will increase penalty predictability for industry violations of federal regulations—and will make FERC’s enforcement more fair and transparent.
California defends its cogen feed-in tariff—complete with its own virtual carbon tax.
California’s new feed-in tariff (FIT) is creating a burgeoning market for green energy investments, but the policy has sparked a fierce battle over state authority to dictate wholesale power transactions. A federal case will determine whether the 1978 Public Utility Regulatory Policies Act pre-empts states from requiring purchases that exceed utilities’ avoided cost.