DC

By reversing a ruling by a federal district court judge, the United States Court of Appeals for the Ninth Circuit has effectively reinstated an antitrust suit by a natural gas marketer against Washington Natural Gas Co., a natural gas local distribution company (LDC), charging the LDC with "off-tariff" pricing and other practices designed to favor commodity sales over transport-only customers who buy their own gas directly, such as from marketers.

In reinstating the complaint, the appeals court denied any "state action immunity" against antitrust claims.

A study procured by the INGAA Foundation (Interstate Natural Gas Association of America) finds a resurgence in use of liquefied natural gas (LNG) as a peak-shaving alternative for local distribution companies (LDCs).

The study, "The Use of Liquefied Natural Gas For Peaking Service," conducted by Stone & Webster Management Consultants, Inc., attributed a rise in the use of LNG plants for peak shaving to a deregulated environment (FERC Order 636, plus use of the "straight fixed-variable" rate design for gas pipeline capacity), which forces LDCs to assess their true capacity needs.

American National Power announced three executive changes: Joseph E. Cofelice, senior v.p., was given the added post of COO; Jim Murray, senior v.p., was given additional duties of CFO; and David L. Coke, director-asset optimization, was promoted to operations v.p.

Peter W. Delaney, a cost-cutting commissioner in the New York Office of General Services, was appointed senior v.p.-business services at the New York Power Authority. The Authority also promoted Gerard V. Loughran, a principal attorney, to v.p.-human resources.

The Institute of Gas Technology (IGT) elected Roger A.

The Pennsylvania Commonwealth Court has upheld a ruling by the state Public Utility Commission (PUC) permitting Equitable Gas Co., a natural gas local distribution company (LDC), to recover costs associated with a switch from pay-as-you-go to accrual accounting for post-retirement benefits other than pensions (PBOPs) under Statement of Financial Accounting Standards 106.

The state's Office of Consumer Advocate had appealed the decision, claiming that in approving a nounanimous settlement the PUC had failed to determine whether the utility needed the cost recovery to achieve a fair ra

Talk runs gamut from "rocket docket" to "Just go slow." A merger announcement kickstarted NARUC's annual conference last year. This year, in San Francisco, there was little difference in conference chatter. Only this time, MCI Communications Corp. and British Telecommunications Plc were the suitors, in a $20 billion corporate marriage.

Regulators had better get used to the "M" word, noted speaker John E. Hayes, Jr., chairman of Western Resources Corp.

The Pennsylvania Public Utility Commission (PUC) has authorized Columbia Gas of Pennsylvania, Inc., a local distribution company (LDC), to 1) expand transportation "to potentially capture all residential customers," and 2) institute a voluntary capacity-assignment pilot for residential and small commercial users only. The new transportation service will give residential customers the option of purchasing gas from a marketer by allowing them to aggregate in groups of up to 50 to meet the 5,000-Mcf volume threshold in the tariff.

The Pennsylvania Public Utility Commission (PUC) has adopted new rules for intrastate gas transportation tariffs filed by local distribution companies (LDCs) in the state. Earlier in the year it had issued a set of "tentative" regulations to serve as a basis for discussion of changes in the gas industry. See Re Gas Transportation Tariffs, 169 PUR4th 212 (Pa.P.U.C.1996).

According to the PUC, the final rules are based on a "reasonable sharing" of opportunities, risks, and obligations.

While authorizing Northern Utilities, Inc., the sole instate natural gas local distribution company (LDC), to contract with an affiliated company to provide storage capacity and services, the Maine Public Utilities Commission (PUC) has directed the utility to file an unbundling tariff proposal that includes transportation, load-balancing, and third-party merchant services.

Under the approved supply arrangement, Granite State Gas Transmission, Inc. will provide storage capacity and service from a liquefied natural gas facility in Wells, ME.

The Michigan Public Service Commission (PSC) has rejected a proposal by Michigan Gas Utilities, a local distribution company (LDC), to implement a 70/30 sharing mechanism for capacity-release revenue. (The LDC currently credits all such revenues to its customers through a gas-cost recovery mechanism.)

The PSC found the LDC's incentive plan lacking in safeguards to ensure that the company does not earn a windfall profit at the expense of ratepayers.

The Michigan Public Service Commission (PSC) has authorized Michigan Consolidated Gas Co., a natural gas local distribution company (LDC), to enter into a special contract permitting KMart Corp. to aggregate its warehouse with its retail locations to qualify for transportation service at all sites.