Edison Electric Institute

In a time of record high gasoline prices, war, and increasingly shared global climate concerns, it is lamentable that the Energy Policy Act of 2005 does so little to address these critical issues. Within the narrower context of policies primarily affecting the electric power industry, however, this is a much more significant piece of legislation, and it includes a few accomplishments bordering on the extraordinary.

In the wake of Hurricane Katrina, the central question: Could any of this have been avoided? Many experts believe that the new authority given to FERC to enforce mandatory reliability standards, as per the Energy Policy Act of 2005, will bring greater transparency to the process of protecting critical infrastructure.

(September 2005) The Consolidated Edison Inc. board of directors elected Kevin Burke as a member. Great River Energy named Greg Ridderbusch vice president, business development and strategy. Millennium Pipeline named Dick Leehr as president. And others...

Two obstacles must be overcome to achieve true competitive markets: reversal of the long-term underinvestment in transmission, and greater clarity in the legal and regulatory environments. How can the industry make the most of a somewhat defensive regulatory posture?

The lack of transmission investment transcends the usual culprits, pointing to a serious flaw in market structure.

Exelon appointed Tom Ridge and Dr. William C. Richardson to its board of directors. NiSource Inc. has restructured its leadership team. Hydro-Québec appointed André Caillé chairman of its board of directors and Thierry Vandal as president and CEO of the company. Pennsylvania Public Utility Commission (PUC) Chairman Wendell F. Holland recently was named president of the Mid-Atlantic Conference of Regulatory Utilities Commissioners. And others...

Contract termination should be easy. Consult the applicable master agreement, calculate the close-out amount, and send or receive a check. If only it were so. In this discussion, we investigate the guidance offered in the key electricity master agreements regarding the calculation of settlement amounts following an event of default and subsequent termination. We also illustrate what we perceive to be a "commercially reasonable" or "good faith" approach to determining settlement amounts.