RES

WHY IS ELECTRICITY COMPETITION NOT WORKING? The principal reason is the failure of Order 888 to accommodate the economic and technological constraints of wholesale power markets.

Soon after Congress passed the Energy Policy Act of 1992, to give authority to the Federal Energy Regulatory Commission to compel electric utilities under its jurisdiction to wheel power for others, the FERC correctly recognized that piecemeal wheeling orders wouldn't work well without a tariff. A tariff would make the service quickly available to the user without the need for time-consuming negotiation.

STARTING A NEW JOB CAN RESULT IN A FEW SURPRISES,but some new executives at electric utilities may be getting more than their share.

According to the Global Energy Utilities Practice, a Spencer Stuart study, electric utilities have been hiring droves of executives from outside industries (see Figure 1) to fill vice-presidential positions and above - only to lose their new recruits, often within a year.

By turning to other industries for new hires, utilities seek a shortcut on the road to competition, according to the study.

TELEPHONE BILLING PRACTICES. Citing the filed-rate doctrine, which bars deviation from published tariffs, a federal appeals court affirmed the dismissal of two class action suits against AT&T Corp. that sought damages for alleged fraud. The suite arose from AT&T's failure to disclose to its residential long-distance telecommunications customers its practice of rounding charges up to the higher full minute.

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.

TWO YEARS HAVE ELAPSED SINCE CONGRESS PASSED THE Telecommunications Act of 1996 to "provide a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans." %n1%n

Today, however, telephone deregulation has reached an impasse. Few customers enjoy competitive alternatives for local exchange service. Concentration in long-distance markets appears to be increasing.

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.

AS NEW ENERGY VENTURES, LLC EXPLAINS IN ITS PROMOtional literature, it took a long time in California for electricity competition to move from the category of "wacky idea" to widespread acceptance.

But that was before the California electric market opened in April, and before NEV had formed its New Energy Buyers' Alliance, a consortium of clients for whom NEV buys wholesale energy. The alliance includes associations like the California Retailers Association, Western Growers Association and the Independent Colleges of Southern California.

WHEN EXECUTIVES IN CHARGE OF ENERGY purchases for national, multi-site companies say, "Simplify my life," they mean it.

These executives are doing business nationwide with an average of 60 electricity suppliers. This figure will drop more than 80 percent to 11 suppliers once electric competition gets underway, according to RKS Research & Consulting's 1997 National Account Survey.

RKS Vice President Carmine Grastataro directed the study and oversaw focus groups of vice presidents of construction, energy management, retailer, health care and property management companies.

TELCO UNIVERSAL SERVICE FUND. Reversing an appeals court, the Kansas Supreme Court upheld a decision by the Kansas Corporation Commission that had required wireless telecommunications carriers to contribute to the state's universal service fund. It also affirmed a KCC ruling setting the initial amount of the fund in a roundabout way based on equalizing inter- and intrastate long-distance rates.

The KCC order (issued Dec. 27, 1996) had slashed intrastate toll rates by $111 million over three years. It then cut access charges by an equal amount to offset the loss to toll carriers.