Regulators today must define earnings for energy retailers virtually bereft of fixed assets.
Applying the traditional rate-base concept to the new hybrid companies is where the gap between the old and the new regulatory paradigms resembles a deep schism. The current shifts in regulation should cause regulators to revisit and reconsider concepts that once reigned supreme in ratemaking.
Should FERC look to all Securities and Exchange Commission precedent for a model?
New regulations from FERC to prevent energy industry market manipulation take deep root in securities industry law. Modeled in part on the Securities Exchange Act of 1934 (Exchange Act), the Energy Policy Act of 2005 (EPACT) outlaws direct or indirect use or employment of manipulative or deceptive devices or contrivances in energy industries FERC regulates under the Natural Gas Act (NGA), the Natural Gas Policy Act of 1978 (NGPA), and the Federal Power Act (FPA).
Will the industry be able to meet capital investment and growth expectations?
The Energy Policy Act of 2005 gave states a new federally enforceable right to access holding company books and records, but concern remains that some of these initiatives may run counter to the goal of capital attraction.
BYLINE
As a former independent power producer, George Lagassa is sympathetic to the woes of the merchant power industry. Until just a few years ago, he held the license to a micro-hydro qualifying facility (QF) in New Hampshire, so he understands what it takes to compete in a regulated-franchise industry. Yet, as the principal of Mainstream Appraisals in North Hampton, N.H., Lagassa is also a dedicated pragmatist. He sees the industry's consolidation trend as a sort of correction in the U.S. power market.
Electricity demand in parts of Europe is on the rise.
The European Union (EU), unlike the United States, enters 2004 with neither a constitution nor a European regulatory agency to oversee the EU's "single market" goals in energy. The EU, however, faces many cross-border issues affecting trade in electricity and natural gas, just as the United States does. While the member countries of the EU have become more energy efficient, new investment in all segments of electric infrastructure still is needed.
Will the CFTC move Into FERC's house?
Most of us in the energy industry have long thought that the "transmission of electric energy in interstate commerce" falls within the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC). The same goes for electric sales at wholesale, if also conducted in interstate commerce. We know that because the law1 and the courts tell us so. And natural gas is much the same.2
Commission Watch
Why FERC must yield to bankruptcy law.
How will regulators react if the current trickle of bankruptcies within the debt-laden merchant power sector should suddenly become a torrent? Will they encourage the necessary restrcturing of debt, or will they stand in the way?
Commission Watch
The developing jurisdictional battle over authorizing rejection of wholesale power supply agreements is getting white-hot, pitting creditors against ratepayers.
An analysis of holding company liability under federal Superfund and parallel state laws.
Environmental cleanup to meet federal and state requirements carries substantial costs that tend to rest disproportionately on public utilities. Looking back at their corporate history, a few utilities have discovered some unique tools to reduce this economic burden.
FERC's attempt to standardize markets have some state regulators up in arms.
The fight over standard market design (SMD) looms large as regulators face the coming year. Passions are heightened on the subject-and everyone has an opinion.
In these pages, takes SMD and other questions right to the top policymakers in six states-Alabama, California, Massachusetts, Michigan, New York, and Texas-for a snapshot of what the thinking is on hot topics. And of course we included the man of the hour, FERC's chairman Pat Wood.