Utility Restructuring Weekly Update

A reminder that this weekly service is available from DOE. Anyone can request to be added to the email distribution list. (Only a small portion of the current list is shown in the note below.) Notice the coming availability on DOE’s website.

I have an electronic file of back issues from 5/97 on, if you need them.

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Subject: Utility Restructuring Weekly Update
Date: Fri, 13 Mar 1998 17:05:00 -0500
From: Jennifer.Bergman@ee.doe.gov

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Please note: Effective March 23rd the Weekly will be available on the Internet at http://www.eren.doe.gov/utilities/weekly.html. The March 20th and March 27th editions of the Weekly will not be e-mailed. We expect to resume e-mail delivery for the April 3rd edition.

March 13, 1998

Utility Restructuring Weekly Update

This weekly information has been compiled by Energetics, Inc. for the weekly should be directed to either Jennifer Bergman, Energetics, Jen_Bergman@Energetics.com, or Diane Pirkey, U.S. Department of Energy, DIANE.PIRKEY@HQ.DOE.GOV. All other inquiries should be directed to the specific organization in question.

National/Federal:
An advisory committee, comprised of leaders from the electric and natural gas industries, Congress, Federal agencies, utilities, and consumer groups, recently released a report on federal and state restructuring policy and guidelines. “Restructuring the Electric Utility Industry: A Consumer Perspective,” prepared by the Consumer Energy Council of America Research Foundation  consumers, particularly small commercial and residential users. The following are some of the recommendations made in the final report: (1) Congress should pass restructuring legislation soon; (2) consumers should be allowed to stay with their current provider and pay cost-based rates during the transition period of stranded costs recovery; (3) consumers should have access to and receive the programs should be continued; and (5) market power issues and solutions should be studied further and recommendations presented. The report is available from CECA/FA at (202) 659-0404. CECA/RF Press Release, March 4th

Rep. Stearns is developing a restructuring bill that would give states According to Stearns, “Congress should be careful not to mandate re-regulation… We should empower the states to enact measures providing their customers with retail competition and choice.” The legislation is said to include a reciprocity provision that would prohibit utilities from competing for customers if their own state was not open for customer choice. This bill is seen by some as an alternative to Rep. Schaefer’s bill and could possibly gain more bipartisan support because it does not mandate a date certain for retail choice. Congress Daily, March 9th

33,000 out of the 10 million electricity customers have signed up with new energy suppliers. Of these 33,000 customers, only 14,000 are residential and small commercial customers. It seems as if many of the California consumers are listening to the Southern California Edison ads that say “Do Nothing” about competition. EnergyOnline, March 9th

Merger:

The Justice Department approved the proposed merger between Enova Corp. and Pacific Enterprises. As a part of the merger, which would form Sempra Energy, San Diego Gas & Electric will sell two of its fossil-fuel plants.

Stranded Benefits:

The U.S. Department of Energy and the California Energy Commission signed an agreement to promote the development energy-efficiency technologies. This plan is the first of its kind and it is being energy sources continues in a restructured electricity industry. The agreement, which is in a Memorandum of Understanding, focuses on energy-efficiency and renewable-energy technologies and encourages the development of advanced electricity generation systems. PowerPlus, March 9th

Principles that would guide buyers and sellers in a competitive marketplace. Under AWEA’s green marketing principles, green power products must include power from wind, solar, biomass, and geothermal resources. There should be no repackaging of electricity from renewables that are “already being paid for by utility ratepayers” and existing and new entrants must compete, with no preference given for Electricity Daily, March 5th

A new fast food restaurant in Phoenix offers its patrons an item not found on a typical menu: use of an electric vehicle charging station. Although this is not the first area restaurant to offer such station, it is the first one to offer both conductive (plug-outlet technology) and inductive (not requiring a metal-to-metal connection) charging. This $1 million, 115-seat McDonalds is the product of a collaborative effort between the fast food chain and the Arizona Public Service Co. to design a restaurant that is energy-efficient and environmentally friendly. Among its features are an energy management system to control cooling/heating, lighting, and ventilation; solar light tubes; occupancy sensors; photosensors to adjust to lighting needs; skylights; and state-of-the-art glazing. These features are projected to reduce energy costs by 25 percent. This store is one of a few McDonalds prototypes in the nation that is optimized for the climate of region in which it is located. Knight Ridder/Tribune Business News, March 9th

States:

Arizona

Negotiations continue in the effort to generate an intergovernmental agreement between the Salt River Project (SRP) and the Arizona Corporation Commission (ACC) to ensure that the rules of the retail market apply to all electricity providers. Currently, long-held agreements between investor- owned utilities (IOUs) and SRP define the various suppliers’ service territories. In competitive markets, however, those boundaries will fade, and the IOUs fear that SRP will invade their service territories without providing reciprocal access to its market. According to sources, both the ACC and SRP are committed to creating an agreement, but disagreement continues over enforcement issues. These discussions are taking place in the context of legislative action on an electric restructuring bill. The bill, which passed the Arizona House last week, calls for full competition in SRP’s service territory by 2000, although the ACC’s blueprint for reform does not envision direct access for the IOUs until 2003. The measure was sent to the Senate, which is expected to begin committee review within the next week. Electric Power Alert, March 11th & March 9th

Colorado

The latest Colorado bill to deregulate the electric industry fared no better than those that have preceded it. Rep. Gary McPherson (R) shelved his bill to allow commercial and residential consumers to choose their electricity provider by 2002 because he did not have enough votes to move it out of the House committee. The next step is to prepare a compromise bill by combining it with one previously introduced by Rep. Paul Schauer (R) that stalled in committee last month. If the compromise bill fares no better in the General Assembly, a measure to prepare a report on the effects of deregulation by December 1999 will be the next step. Progress toward deregulation continues to move slowly in the state; comparatively low electric rates and many opponents, including rural electric associations and cooperatives, are cited as reasons. Knight Ridder/Tribune Business News, March 9th

Florida

State Senator Charlie Crist (R) recently announced his bill to bring choice to the state’s electricity consumers in three years. The bill would require utilities, including municipal power agencies and rural electric cooperatives, to submit restructuring plans detailing what they would charge for generation, transmission, distribution, metering, and billing to the Pubic Service Commission by year’s end. Without a co-sponsor or a companion bill in the House, it is not likely the bill will go beyond the committee hearings. Knight Ridder/Tribune Business News, March 9th

Illinois

The relationship between investor-owned utilities (IOUs) and their affiliate companies will be the subject of an extensive series of hearings by the Illinois Commerce Commission (ICC) at the end of the month. The ICC is instructed by Illinois’ newly enacted open competition law to determine proper boundaries for these relationships. The Illinois Citizen Utility Board (CUB) and Enron
Corp have already gone on record indicating that they are concerned about the impact IOU relationships with sister companies may have on a competitive market. Citing a recent court decision, the CUB argues that the relationships between affiliates creates a barrier to entering the market. Enron Corp is concerned with making sure that they pay no more than an affiliate for services like transmission and distribution. According to sources, Commonwealth Edison (ComEd) and other Illinois-based IOUs will argue that denying them a strong relationship with their affiliates will put them at a disadvantage in competing with IOUs from other states that may not be regulated as strongly. ComEd also plans to testify that electric competition will increase customer welfare and that regulation by the ICC should be light-handed. Electric Power Alert, March 11th

Indiana

An electric industry deregulation bill died in the Indiana state legislature, a victim of divergent interests within the state’s investor-owned utility community. The bill, which would have allowed full competition by 2004, was supported by companies such as American Electric Power and Cinergy Corp. These companies currently have relatively little market share in Indiana and believe that competition would create new opportunities to expand their business. Other more established utilities, including Northern Indiana Public Service Co and Indianapolis Power & Light Co, opposed the bill, sources say, because they already control large portions of the state’s market and see little advantage to competition. Electric Power Alert, March 11th

Massachusetts

In a single order, the Department of Communications and Energy granted approval of restructuring plans for three of the state’s utilities: Cambridge Electric Light, Commonwealth Edison, and Canal Electric. With this order, all but two of the Massachusetts utilities have received final approval on their restructuring plans. The remaining two, Massachusetts Electric and Fitchburg Gas & Electric Light, have both received interim approval on their plans. PowerPlus, March 12th

New Hampshire

New Hampshire Governor Jeanne Shaheen (D), Public Service Co of New Hampshire (PSNH), and consumers have begun private talks to work out a resolution to the electric industry reform deadlock that has gripped the state for much of the year. Issues being debated include the timing and extent of rate cuts and stranded cost recovery. Participants remain hopeful that there will be some sort of resolution, but do not anticipate meeting the July 1, 1998 deadline for open access envisioned by the Public Service Commission (PSC). If the talks do not produce a timely resolution, PSNH has promised to continue with its legal action claiming that the PSC’s February 1997 order implementing choice at the behest of the state legislature constitutes an unconstitutional taking of property because it opens the utility’s transmission and distribution and does not compensate its loss through full stranded cost recovery. Tired of the reform deadlock, House members passed a bill February 12 authorizing the PSC to issue securitization for independent power producer buy downs. Other investor-owned utilities in the state have bypassed the reform talks and begun to file settlements calling for full stranded cost recovery and divestiture of fossil fuel assets in return for rate reductions and open access by July 1. Electric Power Alert, March 11th

New York

The New York Public Service Commission (PSC) has approved the 1998 Demand Side Management (DSM) Plan submitted by the Long Island Lighting Company (LILCO) with certain caveats. Funding for the plan was approved at $10.6 million. The utility plans to operate well as low-income programs. In its ruling, the PSC indicated concern that LILCO’s DSM plan provides only limited market transformation opportunities and does not address how the plan will be coordinated with the statewide DSM programs to be funded with the new system benefit charge (SBC) or how its low-income program night be jointly developed and operated as a gas and electric program. As a result, administrator being designated by the Commission, and other interested parties in order to develop and coordinate further market transformation initiative and joint low-income programs. New York Public Service Commission, March 4th

Pennsylvania
Under a bill recently introduced by Rep. Lloyd (D), all Pennsylvanians would be able to choose their power supplier by January 1999, up to two years earlier than mandated by the state’s restructuring law. This bill has the backing of consumer and environmental groups, however the state’s utilities oppose it. Lloyd’s bill is currently being cosponsored by 15 others. Knight Ridder/Tribune Business News, March 10th

Texas

Texas-New Mexico Power Company is beginning a pilot program for a small town in south-central New Mexico. Starting May 1, the utility’s  supplier for a two-year period.
EnergyOnline, March 4th

Vermont

Momentum towards electricity restructuring in Vermont has been slowed as a result of a March 1 decision by the state’s Public Service Board (PSB) to grant Green Mountain Power Corp (GMP) a mere fraction of the rate increase it was seeking. The PSB decision, experts believe, demonstrated that the current system of regulatory oversight can protect consumers, validating the concerns of many House members that deregulation may diminish those protections. “The rate case effectively kills restructuring for the session,” said a source with the Associated Industries of Vermont. “The politics look absolutely abysmal.” While ratepayers have hailed the decision to award only $5.6 million of the $22 million requested by GMP, the utility is vehemently opposed and has promised to file an appeal to the PSB or go directly to the state Supreme Court. According to the utility, the PSB erred in its finding that GMP was imprudent in signing a contract with Hydro Quebec in 1991. As a result of the decision, GMP’s bond rating has been downgraded, leaving the utility in a precarious financial position. Electric Power Alert, March 11th

Virginia

The state Senate approved an amendment to the restructuring legislation that would expand the requirements of competition to include both generation and transmission facilities. This amendment also calls for both generators and power marketers to participate in the development of an independent system operator. The House is now considering this amendment. PowerPlus, March 12th

WEBSITES:
Yahoo Utilities Company News: http://biz.yahoo.com
PMA Daily Power Report: http://www.powermarketers.com
EnergyOnline: http://www.energyonline.com

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