Congress

NUGs Take the Cake

I take great exception to the presumption of Messrs. Costello, Burns, and Hegazy ("How State Regulators Should Handle Retail Wheeling," Feb. 15, 1995) that retail wheeling's "day will come." This is the oft repeated but never proven siren's song of Elcon's John Anderson and the other industrial/ cogeneration groups. The authors write: "For retail wheeling to become politically palatable, legislatures and PUCs must address the question of how to minimize the negative effects on core customers in the short term." Why?

Here we go again. Last year, the 103rd Congress failed to pass the much-promised and highly touted telecommunications reform legislation aimed at bringing the antiquated Communications Act of 1934 into the 21st century. Now it's up to the 104th Congress, and both parties have draft legislation ready to go.

In February, Sen.

Despite all the talk, despite keen interest in certain industry sectors, and despite federal legislation, increased competition in the electric power industry is far from certain. Unlike other deregulated industries, electric power is primarily regulated by state public utility commissions (PUCs) (em not by a federal regulatory agency. The debate over the values and benefits of competition as opposed to regulation will have to take place over and over again.

In his article, "The Flawed Case for Stranded Cost Recovery" (Feb. 1, 1995), Charles Studness made many good points. Yet he omitted to mention one critical factor that influenced several utilities in the late 1970s to go ahead with new coal and nuclear capacity: the Carter Administration's 1978 Fuel Use Act, mandating that utilities cease burning natural gas by 1989.

For many companies operating in the south central United States, this requirement meant conversion or replacement of most existing capacity.

Here we go again. Last year, the 103rd Congress failed to pass the much-promised and highly touted telecommunications reform legislation aimed at bringing the antiquated Communications Act of 1934 into the 21st century. Now it's up to the 104th Congress, and both parties have draft legislation ready to go.

In February, Sen.

At the National Association of Regulatory Utility Commissioners (NARUC) winter committee meetings in Washington, DC, the executive committee passed a resolution that Congress should not hold hearings on reforms to the Public Utility Holding Company Act (PUHCA) until the Securities and Exchange Commission has completed its investigation on the implications of repeal or substantial modification.

The Federal Communications Commission (FCC) has been rebuffed yet again by the courts in its effort to relax tariff filing requirements for nondominant common carriers. The U.S. Court of Appeals for the District of Columbia Circuit thwarted the FCC's latest attempt, rejecting proposed rules that would permit the nondominant carriers to file a range of rates rather than fixed rates tied to a schedule of charges.

The courts had earlier overturned a series of FCC rulings.

Following Congressional approval of the Energy Policy Act of 1992 (EPAct), Rep. Ed Markey (D-MA), a key sponsor of the bill's electricity title, predicted that "competition should replace monopolism as the rule for much of the power industry. Consumers, renewable energy, and the environment will be much the better for it."

Since then, however, Markey's vision has fallen under a cloud.

Tennessee Valley Authority (TVA) chairman Craven Crowell wants TVA to be able to compete with other utilities for customers outside its service territory. Congress established the territorial boundaries in 1959, limiting TVA and distributors of TVA power to the areas they served as of July 1 of that year. Speaking at the American Public Power Association in Washington, DC, on February 1, Crowell said he has commissioned a study by Palmer Bellevue to examine how to remove the "fence" that prevents TVA from expanding.

The Mescalero Apache Tribe has rejected a proposal by a consortium of electric utilities to create a temporary nuclear waste storage site on tribal lands in Mescalero, NM. According to Northern States Power Co. chairman James Howard, the coalition will increase its efforts via federal legislation, or its lawsuit against the Department of Energy: "While we are encouraged by recent industry legislative developments, we also are hopeful that the new spirit being expressed by the members of the 104th Congress will refocus attention on a monumental consumer problem." (em LB