NERC

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.

PUBLIC UTILITIES FORTNIGHTLY SPOKE WITH FEDERAL Energy Regulatory Commission Chairman James Hoecker shortly after the Clinton Administration released its long-awaited Comprehensive Electricity Competition Plan.

Although Hoecker sees new legislation as only "the remotest of possibilities" for this session of Congress, he expects that the "real debate" will begin next year, with environmental issues perhaps proving to be the most difficult to solve.

Are mergers bad for competition? "Not necessarily," he says.

Editor's Note: It was an awkward spot. Power marketers wanted the Federal Energy Regulatory Commission to block the "tagging" rules imposed by the North American Reliability Council. Could the FERC do that? Having stalled for more than six months, with no sign of action, the Commission surprised the federal energy bar when, on April 7, with no mention on the agenda (there could be no agenda, since there was no meeting), it surreptitiously released its opinion. Also caught unawares, the Fortnightly asked Jeffrey Watkiss, an attorney in the case, to explain what it all means.

1. IT'S NOT THE TAG, IT'S THE TRANSMISSION. "Coalition and its supporters are not so much challenging the information required by NERC's tagging plan, per se, as they are challenging what public utilities do with the information." FERC Order, slip opinion, p. 7.

2. AFTER ALL, WE LOVE TAGGING.

EARLIER IN THIS DECADE, FERC CHAIRMAN MARTIN ALLDAY delivered his famous quote: "Everybody is somebody's native load customer."

Today, that truism has fallen under attack. It could go out the window if power marketers get their wish. One group of marketers has asked the Federal Energy Regulatory Commission to open a new rulemaking on electric system reliability. This group proposes to end the notion of transmission responding to load.

ON ECONOMICS OF RELIABILITY. I think Karl Stahlkopf's and Philip P. Sharp's comments on reliability ("Reliability in Power Delivery: Where Technology and Politics Meet," Jan. 15, 1998) fail on three issues, all of them involving money.

First, the authors imply annual savings "from deregulation" of around $9 billion per year. Are we really going through all this trouble for so little? Or has something been lost in the rounding process?

Second, they assert that the cost of power disturbances are $26 billion per year.

ATTENDED ANY HEARINGS LATELY AT THE FEDERAL ENERGY Regulatory Commission? They're getting ugly. I see a federal agency under siege (em from without and from within.

The Commission seems to have lost the easy confidence that reigned during Elizabeth Moler's tenure. Don't blame new Chairman James Hoecker. He's getting it from all sides, and it's not his fault.

Consider the bottomless pit known as electric system "reliability." We need new laws to pin down FERC authority.

In an ideal world, legislation would have already happened."

That was Elizabeth Moler, deputy secretary of energy, testifying as the first witness at a Feb. 20 public conference at the Federal Energy Regulatory Commission. The forum attempted to address how to ensure access to transmission as the electric industry builds a new framework to maintain system reliability.

Having just stepped down from the top spot at the FERC, Moler knew what to expect. She understood the limits of the FERC's statutory authority and its budget.

ENTERGY REPLIES. In the Feb. 1, 1998 article "Reliability or Profit: Why Entergy Quit the Southwest Power Pool" (p. 30), authors David Dismukes and Fred Denny allege that they have uncovered a "subplot" in Entergy's transfer from the Southwest Power Pool to Southeastern Electric Reliability Council. The fact of the matter is Entergy's rationale for the transfer was clean and above-board. It simply made more sense for Entergy to join SERC for loop flow, reliability and security reasons.

THE North American Electric Reliability Council is in the midst of public workshops to discuss how best to implement the recommendations made in its Electric Reliability Panel's final report. In January, the NERC Board of Trustees approved, Reliable Power: Renewing the North American Electric Reliability Oversight System, which recommends transforming the current council into an independently governed and funded North American Electric Reliability Organization.