Commission Watch

FERC Versus Bankruptcy Jurisdiction:

Two recent articles in the ¹ discussed conflicts that have emerged in the last 18 months over the respective jurisdictions of bankruptcy courts under the Bankruptcy Code² and the Federal Energy Regulatory Commission (FERC) under the Federal Power Act.³ This occurs when a debtor seeks the bankruptcy court's approval under Section 365(a) of the code⁴ to reject a wholesale electricity sales contract that is a FERC-jurisdictional rate.

Perspective

How the filed-rate policy wreaks havoc- and what courts can do about it.

Like many venerable legal rules, the filed-rate doctrine is rarely questioned. Over the last century, it has served many important purposes. However, with deregulated wholesale electric power markets at the federal level and various degrees of deregulation across the states, both the doctrine's continued applicability and usefulness are suspect.

People

New Opportunities:

Jack Hawks, EPSA's current vice president of public affairs and planning, took on additional responsibilities as EPSA's acting vice president of policy. He replaced Julie Simon, who left the association to join Constellation Energy Group as a managing director. Hawks previously was vice president, Regulatory Policy, for PG&E National Energy Group.

Ratemaking Special Report

Regulatory Uncertainty:

In a joint survey conducted by Navigant Consulting and , utility executives identify the biggest challenge to their business.

No matter what position you subscribe to when characterizing the degree of competition in today's energy industry, it is clear that regulation continues to serve as a major influence on the business strategies and operations of the gas and electric distribution utilities in North America.

Transmission Upgrades:

How to allocate the costs.

Efforts to establish and quantify congestion-reduction and loss-reduction projects are progressing in electric markets with locational marginal price (LMP) regimes. The Path 15 upgrade approval by the California ISO two years ago was largely based upon its economic benefits. A draft report from the Electric Reliability Council of Texas (ERCOT), , states that ERCOT will consider transmission projects that are "economically justified by the reduction of congestion and losses."¹

STATE REGULATORS:

Can natural gas supply keep up with demand for power?

Interviews

Things are looking up for the energy industry, but tough issues remain. Regulators-forced to grapple with the mismatch between volatile natural-gas prices and years of building gas-fired power plants-have learned a thing or two. They now insist on new rate schemes and risk-management methods while promoting the use of liquefied natural gas.

Power Measurement

Failing the Market-Power Test:

How FERC's ruling could affect wholesale power markets.

People

New Opportunities:

Peabody Energy named Charles "Chuck" Burggraf group executive of Colorado operations, responsible for Twentymile Coal Co.'s Twentymile Mine near Oak Creek and development of additional coal reserves in Colorado. Burggraf most recently served as operations manager of the Twentymile Mine.

Wisconsin Public Service promoted Charlie Schrock and Larry Borgard. Schrock is now president and COO of operations; Borgard becomes president and COO of energy delivery.