Federal Energy Regulatory Commission

Having approved a performance-based ratemaking mechanism for Southern California Gas Co., the California Public Utilities Commission is free to rule on the merger of Pacific Enterprises (parent company of SoCal Gas) and Enova Corp., which owns San Diego Gas and Electric Co.

The PBR should reduce annual revenues by $160 million. If earnings exceed the authorized 9.49-percent rate of return, then a portion will be returned to customers.

The PBR is effective for five years.

CalEnergy Company Inc. subsidiary CE Electric Inc. in mid-July appeared poised to take over New York State Electric & Gas Corp. But NYSEG fought the hostile takeover and won.

Although NYSEG had asked the New York Public Service Commission and the Federal District Court for the Southern District of New York to intervene, in the end, CalEnergy cited "lack of shareholder support" as its reason for terminating its bid.

A takeover attempt. CalEnergy Company Inc.

The U.S. Court of Appeals for the District of Columbia Circuit has upheld a ruling by the Federal Energy Regulatory Commission requiring an interstate pipeline company to sell excess low-cost storage gas supplies to its sales customers at cost, on the theory that ratepayers who bear risk for losses in industry restructuring should retain gains from the same process.

The pipeline, Williston Basin Interstate Pipeline Co., had found that excess gas was available after it had cut sales operations as part of the market restructuring ordered by the FERC.

At his first meeting as chair of the Federal Energy Regulatory Commission, James Hoecker announced that he was assigning responsibility for certain important issues to FERC members.

At the June 25 meeting, Hoecker assigned the key responsibility for reliability issues to Commissioner Vicky Bailey. Bailey will track reliability developments at NERC, DOE and around the nation. Hoecker assigned responsibility for merger policy issues to Commissioner William Massey. Commissioner Donald Santa Jr. and General Counsel Susan Tomasky were assigned the oversight of FERC's complaint procedures.

The Federal Energy Regulatory Commission on June 25 conditionally approved the restructuring of the New England Power Pool into an independent system operator, even though many of the details remain under negotiation.

The FERC also approved on an interim basis the transfer of control of NEPOOL public utility members' transmission facilities to the ISO on July 1 (Docket No. EC97-35-000).

To insure NEPOOL's independence, the FERC changed NEPOOL's definition of "affiliate," a relationship indicating 50-percent ownership, to one indicating 10-percent ownership.

An administrative law judge at the Federal Energy Regulatory Commission has recommended approval of the proposed three-way merger of WPL Holdings, IES Industries, and Interstate Power Co. to form Interstate Energy Corp.

Earlier this year, the companies and the FERC staff reached an agreement on market power mitigation. One stipulation was that the utilities had to contract for purchase of transmission capacity to interconnect the three utility systems. A portion of that capacity would be made available to other utilities on a first-come basis.

In two separate cases, the Federal Energy Regulatory Commission for the first time has approved an analytical framework for examining vertical market power concerns raised by convergence mergers of gas and electric companies. This new framework applies when market power in one sector (such as natural gas) threatens competition in another (e.g., electricity).

In the first case, the FERC on June 25 conditionally approved the disposition of jurisdictional facilities in the proposed merger of two holding companies, Enova Corp.

Uncle Sam buys a lot of power. Who supplies it may depend upon Article I, Sec. 8, Clause 17.

Today's intense competition to sell power should not overlook one large customer - the federal government. The Department of Defense alone consumed $1.4 billion worth of power in fiscal year 1994. Recently, one utility executive was quoted as saying: "We've got power marketers foaming at the mouth for DOD's business."%n1%n

Yet how does a marketer get the business of a federal agency, office or installation if retail wheeling is not mandated?

President Clinton appointed James J. Hoecker chair of the Federal Energy Regulatory Commission. Hoecker, former commissioner of the FERC, replaces Elizabeth Moler who was appointed deputy energy secretary at the Department of Energy.

Walter Massey, president of Morehouse College, was selected by Secretary of Energy Federico F. Peña to replace Robert Hanfling as chair of the Secretary of Energy Advisory Board. Also at SEAB, Skila Harris was elected executive director. Prior to her election, Harris was special assistant to Vice President Al Gore.

Enron Corp. promoted Cynthia C.

Open-access tariffs hold the key to capturing the gains promised by electric restructuring.

In a restructured electric industry, unbundling the cost of the wires from power generation may well prove more important than dealing with stranded costs. In fact, stranded costs eventually will take care of themselves, whether by direct recovery, indirect recovery or no recovery. Without proper unbundling, however, a restructured industry could force competitors to pay inflated access fees to the distribution utility.

The matter has drawn a lot of attention.