Maine Public Utilities 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.

Courts

NITROGEN-OXIDE EMISSION LIMITS. Denying an appeal by electric utilities and industry groups against rules proposed by the U.S. Environmental Protection Agency for emission limits for nitrogen oxides at certain electric utility boilers, a federal appeals court has ruled that EPA properly interpreted the Clean Air Act. The act allows EPA to set NOx limits for certain electric utility boilers if it could show that more effective technology for low-NOx burners was available, the court said.

MICHIGAN CHOICE APPEAL. Michigan Attorney General Frank Kelley filed an appeal in the Michigan Court of Appeals of the Michigan PSC's Jan. 14 rehearing order (News Digest, March 15, 1998, p. 18) adopting a phase-in schedule for electric restructuring and retail choice for Consumers Energy and Detroit Edison. Kelley alleged that the order fails to create a competitive generation market or foster lower rates. He called it an "outrage," that gave the utilities everything they wanted. Case Nos. u-11290 et al., Feb. 13, 1998 (Mich.P.S.C.).

NEW HAMPSHIRE RESTRUCTURING. The U.S.

State Legislatures

UTILITY HOUSE CALLS. Michigan Gov. John Engler (R) signed into law a bill making it a felony to impersonate a utility employee to enter private property for criminal purposes. The new law calls for those convicted to be imprisoned for not more than two years and to pay a maximum fine of $1,000, or both.

ELECTRIC RESTRUCTURING. Illinois Gov. Jim Edgar (R) signed into law an electric restructuring bill for the state. Edgar noted that concerns over the bill were addressed by the state's two largest utilities, Commonwealth Edison and Illinois Power Co.

Responding to directives from its Legislature, the Maine Public Utilities Commission has directed local-exchange telephone carriers to lower their per-minute, common-line charge by 20 percent, but without changing the access charge rate structure.

At the same time, it rejected a proposal by New England Telephone and Telegraph Co. to adjust the local carrier's recently approved price-cap plan to reflect a predicted erosion in revenues. The PUC found no evidence that a cut in access rates would depress local carrier revenues.

The Maine Public Utilities Commission has authorized Northern Utilities Inc. to recover coal-tar cleanup costs via a special surcharge.

Under a settlement agreement, ratepayers will pay the full amount of cleanup costs incurred by the LDC on a rolling five-year amortization schedule. The costs will be capped at 4 percent of the company's annual adjusted total firm revenues from sales and transportation customers. Shareholders will bear the carrying costs on all deferred balances during the amortization schedule.

The governors of Maine and Montana (em two states with very different electricity markets (em have signed three bills into law to allow competition in the electric and natural gas industries in their respective jurisdictions.

Maine. Gov. Angus King signed an electric restructuring bill that mandates competition in the state starting March 1, 2000.

The Maine law, An Act to Restructure the State's Electric Industry, L.D. 1804, was signed on May 29. It allows for recovery of stranded costs as determined by the Maine Public Utilities Commission.

Regulators in Maine, Vermont and New York have approved the proposed merger of two of the country's largest local exchange carriers, NYNEX and Bell Atlantic Corp.

All three states imposed similar conditions on their approval designed to protect the interests of ratepayers in the region. The conditions also address concern over how the merger might affect competition in the local exchange market, a high-profile regulatory effort already under way in each state.

Vermont and Maine.

Responding to numerous complaints concerning Bangor Hydro-Electric Co.'s entry into the security alarm market, the Maine Public Utilities Commission has set up guidelines for the utility's management of noncore services.

The commission ordered Bangor to: establish a separate subsidiary for its "noncore" utility activities; account for the activities "below-the-line"; and limit its use of certain customer information in providing the ancillary services.

While authorizing Northern Utilities, Inc., the sole instate natural gas local distribution company (LDC), to contract with an affiliated company to provide storage capacity and services, the Maine Public Utilities Commission (PUC) has directed the utility to file an unbundling tariff proposal that includes transportation, load-balancing, and third-party merchant services.

Under the approved supply arrangement, Granite State Gas Transmission, Inc. will provide storage capacity and service from a liquefied natural gas facility in Wells, ME.