FERC

Why am I not convinced that electric utilities really want to sell off their generating plants? A wires company--is that something to aspire to? Nobody likes to see wires strung every which way along the street. Isn't that why electric utilities call them telephone poles?

I hear utilities say that power production looks too risky. But is a wires-only strategy a retreat back into the womb of regulation?

If power companies expect rates for transmission and distribution to remain regulated, I'm a skeptic. One reason is what's happening with gas pipelines.

CROSS THE COUNTRY, CRITICISM RISES FROM INVESTOR-owned utilities as public power agencies are drawn into regional or national markets through power pools and the geographic expansion of power marketing activities. Whether these agencies are seen as federally funded or just indirectly subsidized, the complaints remain the same: tax advantages, no reciprocity, exemptions from regulation.

Who really has power over the power? Do public power agencies enjoy an advantage, as private industry claims?

HYDROELECTRIC POWER ENGINEERS might fare all right. But office

administrators could face staff reductions of up to 50 percent.

Such are the recommendations filed March 10 by the Cost Review Management Committee assigned to recommend measures to the Bonneville Power Administration for its own internal cost review.

LAST NOVEMBER, Energy Secretary Federico Peña asked the DOE

to study what to recommend about the Tennessee Valley Association in drafting proposed legislation on electric restructuring for the Clinton Administration. He referred the project to a committee of the Secretary of Energy Advisory Board, led by former South Carolina Congressman Butler Derrick.

The committee issued its report on March 31. The DOE had already released its legislative guidelines on March 25, six days earlier.

COMPETITIVE transition charges. Wires charges. Securitization payments. Every stranded cost recovery mechanism considered to date requires customers to pay for electric utility stranded costs through direct assessments on monthly bills. These charges will continue for many years after competition is introduced.

There is a real irony here: As we seek to introduce competition into the electric industry, we as regulators are forced to invoke all of the most heavy-handed tools to extract payments from citizens.

PIPELINE CONSTRUCTION. Chief Judge D. Brock Hornby of the U.S. District Court in Maine, decided to allow Portland Natural Gas Transmission System access to electric transmission corridors owned by Central Maine Power Co. The access will be used to install a natural gas pipeline.

Portland received FERC approval Sept. 24 for installing and operating a 292-mile, $302-million interstate pipeline. CMP owns about 70 miles of the electric transmission corridor. The preliminary injunction, issued April 10, gives Portland access to property on CMP-owned transmission corridors.

IF CONGRESS SHOULD CONSIDER LEGISLATION TO MANDATE retail wheeling - and even with a date certain - those states that have already opened their markets will still likely ask for reciprocity to guarantee that any competitor seeking entry will welcome competition in its own home territory. Why? Some states are moving more quickly than others. Second, others have indicated they do not intend to open at all.

Arguably, state lawmakers could enact a reciprocal covenant on their own.

RECENT CONFERENCE on independent system operators held by the Federal Energy Regulatory Commission was, in many respects, a tremendous achievement. It is a testimony to this Commission that its members can muster the stamina to listen to one-and-a-half days of mind-numbing technical discussion of power technology and regulation.

Nevertheless, there is inevitably a misstep or two in these massive "hearing-thons." In this case, the discussion nearly went awry when it turned to comparisons between transcos and ISOs.

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.