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Reports & Commentary
EURO-Energy?
Electric Utility Comment, 11/27/2006
  1. Allegheny
  2. Energy East
  3. OGE Energy
  4. Pepco
  5. DPL
  6. Pinnacle West
  7. CH Energy Group
The British began to buy U.S. utilities several years ago with the acquisition of Niagara Mohawk Power and Warren Buffett recently paid $5.1 billion to acquire PacifiCorp—to re-Americanize, the Pacific Northwest Company.

Last year Congress repealed the Public Utility Holding Company Act of 1923 (see our article in Public Utility Fortnightly, dated July 2005) which, among many concessions, removed the restrictions on who could own and run utilities in the United Sates. Did Congress ever anticipate that Louisville Gas & Electric would become part of the E.ON family—a German-based company acquiring a vast portfolio of utility companies throughout the world? E.ON’s appetite shows little chance of abating. E.ON is accumulating assets in Central Europe and Scandinavia: in April 2001, it bought Powergen in the U.K. for $14 billion. E.ON’s acquisition spree has only being slowed by “white-knights” in Europe, concerned over E.ON’s already vast holdings and concerns regarding future market influence if not slowed. E.ON’s recently fought off Barcelona Gas Natural SDG for major Spanish energy holding company Endesa—raising its final offer to $47 billion (38%) from the initial $34 billion offer: Do you think these guys play “to win?” Europe has found American power companies very attractive investments and paying premiums in excess of those deemed feasible by domestic companies.

While the intent of changing this particular provision of the law may have been to encourage increased consolidation among U.S. utilities, it appears as though at face value, this would be of little concern to the average consumer, since the burden of proof on setting rates on rates-of-return sufficient to attract capital Investors, on the other hand, are pleased by the larger prices being paid for an industry which has seen more than its share of volatility, but political leaders and consumers need to question “sensibility” of handing over control of any portion of our fragmented energy industry to foreign owners. Our dependence on foreign countries for oil has influenced foreign policy in a manner which is not necessarily in our long-term best interest and the fact that we cannot provide adequate rates-of-return to domestic investors is not merely disheartening but “questionable” over the long-haul.

As one does a post-mortem on the energy sector over the past ten years, there is only one conclusion which comes to mind: “if it’s not broke, don’t fix it.” Deregulation programs initiated a decade ago are still threatening the financial viability of some companies; for example, Illinois finally came to the realization that the elaborate deregulation scheme and postponement of deferred costs will have to be recouped from consumers—contrary to the promise made when lawmakers eagerly ratified industry restructuring plans, thereby placing Commonwealth Edison and Ameren in a precarious financial position, such that Commonwealth Edison has alluded to the possibility of filing for bankruptcy. Ameren’s rate increase request was reduced by nearly 60%.

The “transition” periods imposed in the initial years of the deregulation plans of many States provided for a step to market prices at a “given” point and a “reconciliation” of accruals at the Transition date. Now “the piper must be paid”—and Illinois is reliving the flaws inherent in the California deregulation plan (instituted in 1995), that back-fired 2000-2001. It is impossible to believe that the United States has the talent to transmit a photo over a nano-chip but manages to properly devise a reliable, stable and viable energy industry—and with every act by Congress and individual States, it seems we blissfully continue to compromise our energy future.

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