Do regulatory and economic trends favor industry mergers?
Now that some new major transactions have emerged, and financial recovery appears slowly moving forward, utility mergers are beginning to appear likely again. Although regulatory hurdles still impede new transactions, some changes at the federal level are reducing concerns about market power and competition. Plus, changing market conditions and new compliance requirements are strengthening the case for scale economics.
Ring-fencing after the subprime meltdown.
When Électricité de France stepped in to buy Constellation Energy’s nuclear assets and help the company avoid bankruptcy, the Maryland Public Service Commission conditioned the sale on a set of ring-fencing provisions. The industry has been using such structures to protect ratepayers in complex and high-risk M&A transactions since the 1990s. The protection isn’t foolproof, however—and it can bring problematic regulatory trade-offs.
Constitutional questions about state-mandated renewable tariffs.
Despite state efforts to follow the European model of state-mandated feed-in tariffs to promote renewable power, these actions won’t pass Constitutional muster. The Supremacy Clause makes a formidable legal barrier to states’ FIT policies.
Pre-approvals demand a new approach to managing risks and costs.
Proving the need for new infrastructure construction for energy purchases has become more complicated for utilities. State commissions reserve the right to revisit rate-base investments after the fact, even when they’ve been pre-approved.
The capital markets have recovered … or have they?
One year ago, in the midst of the financial crisis, one industry—energy utilities—continued accessing the capital markets. Since then, interest rates and terms have improved dramatically, inviting utilities to refinance billions of dollars in debt that won’t mature for another year. Despite the current rosy picture, however, economic trends might cast a shadow over the industry’s capital-investment plans.
State attorneys general target energy policy issues.
As energy issues take center stage in the policy debate, state attorneys general increasingly are using their political influence and legal authority to affect a wide range of areas—from greenhouse-gas emissions to siting and development of infrastructure projects. Working constructively with state AGs can help utilities avoid becoming targets of investigation and litigation.
Perception trumps reality at Florida ‘solar city.’
Once upon a time, a real estate developer dreamed of building a planned community. The developer, Syd Kitson, envisioned a “city of tomorrow™” in southwestern Florida, designed for efficiency, convenience and harmony with nature. Instead of driving cars everywhere, the 45,000 residents of Kitson’s Babcock Ranch would ride bikes to school, and walk to the cinema. They’d take a tram to visit friends in another hamlet, on the other side of a lush wildlife preserve.
State GHG policies confront federal roadblocks.
So far, states have taken the lead in carbon-control strategies. These state actions, however, could lead to constitutional conflicts—as recent court battles demonstrate. Only the U.S. Congress can regulate interstate trade, so states must step carefully in controlling carbon leakage.
In the wake of the banking crisis, utilities lead the way to financial stability.
The back-to-basics trend positioned utilities and other energy companies to lead the way out of Wall Street’s mess. Despite a perfect storm of rising costs and a weakening economy, utilities and lawmakers might start a wave of investments in clean-energy assets and technology. But will Wall Street be ready to finance it?
Wind deals promise brisk business for years to come.
(May 2008) Senators were voting on legislation to extend the renewable production tax credit (PTC) as this issue of Fortnightly went to press. But with federal tax support for windpower in a perennial state of limbo, is the current rate of growth sustainable? To find out, Fortnightly spoke with Andrew Redinger, managing director and head of the utility and alternative energy group at KeyBanc Capital Markets.