Federal Energy Regulatory Commission

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.

FERC Commissioner Vicky A. Bailey named Robert H. Solomon as her new attorney advisor for electric matters. Solomon has been with the Office of General Counsel since joining FERC in 1988. He has held key positions such as Deputy Assistant General Counsel for Electric Rates and Corporate Regulation.

AmeriGas Propane Inc. announced the election of Richard C. Gozon as director. Gozon will replace Robert C. Forney who recently retired. Gozon is executive vice president of Weyerhaeuser Co.

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.

IN APRIL 1997, AFTER FOUR YEARS AS A COMMISSIONER WITH the Federal Energy Regulatory Commission, Donald F. Santa, Jr. announced that he would leave the public sector at the expiration of his term and join LG&E Energy Corp. as vice president and deputy general counsel. Included among his first assignments at LG&E was management of legal matters for LG&E Marketing, the national energy marketing subsidiary of LG&E Corp.

But what of commissioners' aides and advisers? The people behind the scenes, who, in some cases, propose decisions for regulators to act on. What wisdom can commission aides share with the industry?

Further, are these posts proving grounds? Can we expect to see aides filling commission seats someday? Elizabeth A. Moler, deputy energy secretary, started as a Senate Energy Committee aide. James J. Hoecker, Federal Energy Regulatory Commission chairman, was once a FERC adviser.

Public Utilities Fortnightly spoke with five aides, whose average age is 37.

Editor's Note: It was an awkward spot. Power marketers wanted the Federal Energy Regulatory Commission to block the "tagging" rules imposed by the North American Reliability Council. Could the FERC do that? Having stalled for more than six months, with no sign of action, the Commission surprised the federal energy bar when, on April 7, with no mention on the agenda (there could be no agenda, since there was no meeting), it surreptitiously released its opinion. Also caught unawares, the Fortnightly asked Jeffrey Watkiss, an attorney in the case, to explain what it all means.

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.

ENERGY SECRETARY Federico Peña announced April 6 that he was stepping down, effective June 30. Peña plans to pursue other career options in private business and tend to family matters. Peña said he was sure his deputy, Elizabeth Anne Moler, former chairwoman of the Federal Energy Regulatory Commission, was "right up there" on President Clinton's list of potential replacements.

Doris F. Galvin was elected vice president and treasurer of CMS Energy Corp. Galvin has served as vice president and treasurer of Consumers Energy, CMS Energy's principal subsidiary, since 1993.

THE Oregon Public Utility Commission named Bill Warren director of its utility program. Warren will replace Mike Kane, who is retiring. Currently, Warren serves as administrator of the electric and natural gas division of the utility program.

Michael J. Mujadin was named executive vice president of Nitrotec Corp. and president of Nitrotec's wholly owned subsidiary Nitrotec Energy Corp. Previously, Mujadin was executive vice president of Coastal Corp.'s ANR Storage Co.

Consolidated Natural Gas Co. elected Raymond E. Galvin to its board of directors.