FERC chair refutes Southeast states' grid criticism

WASHINGTON, Feb 17 (Reuters)

The chairman of the Federal Energy Regulatory Commission (FERC) on Tuesday rejected claims by governors in nine Southeast states that the agency is making a backdoor attempt to enact controversial power grid rules barred by legislation stalled in the Senate.

In letters to the nine governors, FERC Chairman Pat Wood said the warnings they had issued earlier this month to Congressional leaders and the Bush administration mischaracterized the agency's actions.

FERC in 2001 proposed a "standard market design" which would have required utilities to combine their grids into super-regional networks with independent operators.

Southeast lawmakers, led by Republican Sens. Richard Shelby of Alabama and Trent Lott of Mississippi, inserted language in a comprehensive energy bill that would bar FERC from pursuing such plans before 2007. The bill is stalled in the Senate because of a separate controversy over a gasoline additive, and could be taken up later this month.

In a Feb. 3 letter, Southeast officials said FERC intends to revive its market design proposal through rulings which would make it difficult for the region's utilities to operate without joining the regional groups.

"This is inaccurate," Wood responded in a letter. "Our proposal is intended to ensure all wholesale customers have the same protection from generation market power," whether or not they are located in regions with up-and-running regional grid operators.

Wood also disputed Southeast governors' complaint that FERC was trying to preempt state authority through a preliminary order that requires giant utility American Electric Power Co. Inc. to join the mid-Atlantic power grid over the direct objections of Virginia and Kentucky.

Wood pointed out that AEP's membership decision was voluntary, and cited studies showing that customers served by the new grid could save about $930 million a year.

"This is a dispute among states involving transmission and wholesale power in interstate commerce," Wood wrote. FERC wants to referee the dispute "in a way that brings about the best result for customers," he wrote.

States that have criticized FERC include Arkansas, Georgia, Missouri, Mississippi, Louisiana, Kentucky, South Carolina, North Carolina and West Virginia.

Southeast utilities including Southern Co. and Entergy Corp. last year suspended efforts to create a regional power grid, citing regulatory concerns.

Last week, a group of Southeast power companies said the action means "the road to a competitive market in the Southeast essentially remains blocked." The group, which includes units of Royal Dutch/Shell , ChevronTexaco Corp. and Tractebel, asked FERC to act to revive the plan.

 

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