Larry Eisenstat

Interesting Times

Utilities stay the course in a volatile market.

A wave of mergers and acquisitions is moving through the industry, as utilities and financial players position for growth and strategic advantage. Will economic and regulatory forces continue supporting these transactions? Our annual finance special report examines trends in capital markets and M&A deals involving utilities, power generators and gas suppliers.

Policy Shift: 2009 Law & Lawyers Report

Legal and regulatory changes are transforming the industry.

This year has marked a sea change in energy policy, from environmental compliance to transmission pricing. Fortnightly interviews top lawyers to better understand how regulatory developments are affecting the power and gas industries.

Going to the Bank

Financial buyers are snapping up power plants faster than at any time in history. The asset shift represents an interim step in a wholesale-market transformation.

A dam broke last year, releasing a wave that even now is spreading through the U.S. power industry. Deals that had been languishing on the auction block for months suddenly surged forward in 2004, and assets began changing ownership at a torrential pace. Understanding what this means for the power industry requires a long-term perspective on wholesale-market trends.

Facing the Death Penalty

Did FERC's market power ruling go too far?

Market-based sales put at risk are the financial lifeblood of some utilities, especially those of the multi-billion-dollar, vertically integrated variety. Those that fail FERC's market-power test will be forced to sell their excess generation at cost-based rates — a "death penalty," according to some utility CEOs.

Back to the Ratebase

Utilities are absorbing distressed IPPs, and raising alarm bells in the process.

In 2003, just over 1.4 GW of unregulated generating capacity was converted into rate-based assets. At least another 5.6 GW will be converted soon. What supply procurement practices are appropriate in today’s power market?

Economic Dispatch Redux

The venerated process may get a makeover.

While issues involving ratemaking treatment and stranded assets might prove challenging, the simple logic of expanding economic dispatch processes is difficult to fault. Now, if the industry and its regulators can accept the notion of interim measures on the road to market reform, expanded economic dispatch seems like a bankable policy trend for the near term.

Business & Money

The collapse of wholesale markets has utilities once again making the purchasing decisions, and taking all the risks.


The collapse of wholesale markets has utilities once again making the purchasing decisions, and taking all the risks.

If a common theme is emerging from the various policy directions across the country, it seems to be that responsibility for supply resources is moving away from open markets and back into the hands of load-serving utilities.