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Utility Regulatory News

The utility reporter specializing in weekly coverage of state PUC rulings.

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News Excerpts From a Recent Utility Regulatory News
LETTER # 3860 -- March 7, 2008

CALIFORNIA ELECTRIC RESTRUCTURING: PUC Seeks to Resurrect Customer Choice

Although making it clear that it would like to see the now-suspended direct access component of the state's electric restructuring plan reinstated, the California Public Utilities Commission (PUC) has determined that, as the state's regulatory law is now crafted, it is without authority to lift the suspension on its own. In May 2007, the PUC had promulgated a rulemaking to assess whether and how direct access could be reimplemented. The state's landmark electric restructuring plan had been built around the concept of direct access, under which a customer could choose to contract for the generation portion of service from an incumbent utility or an alternative electric service provider (ESP). However, amid charges that the state's energy crisis of 2000-2001 had been caused in large part by wholesale energy suppliers being able to game the system, the state decided to suspend direct access. ...

MARYLAND ELECTRIC RESTRUCTURING: State, Constellation Energy Square Off

On December 19, 2007, President George W. Bush signed the Energy Independence and Security Act of 2007, which features improved vehicle fuel economy standards and reductions in U.S. dependence on oil. The Act is also touted as a major step forward in expanding the production of renewable fuels, reducing dependence on oil, and confronting global climate change. The Act also includes several items of interest in the energy industry sector. ...

GEORGIA ELECTRIC RATES: Environmental Compliance Rider Included in New Tariffs

Aflurry of recent legal action has signaled the escalating tension between Maryland state officials and Constellation Energy Group (CEG), parent company of Baltimore Gas and Electric Company (BGE). The skirmish began with two reports issued by the Maryland Public Service Commission (PSC) in December and January, both of which were highly critical of the state's 1999 electric restructuring plan (see Letter Nos. 3847, 3854). Those reports cited a number of flaws in the plan and concluded that the plan and a related settlement agreement with CEG had been "seriously imbalanced" in CEG's favor. In the wake of those reports, CEG was called to appear before the commission early last week to testify about the windfall the PSC has alleged the utility will receive as a result of the electric restructuring initiative. During that hearing, Constellation denied that it would reap any undue profits from the restructuring plan and argued that its 1999 restructuring agreement was fair for both it and ratepayers. But a mere three days later, the State of Maryland filed suit in a local circuit court seeking enforcement of a 2006 state law that had amended that agreement and required BGE to pay out almost $400 million in credits to its customers. ...






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