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November issue 1999:


Future Role Up In Air
LDCs Facing Unprecedented 
Challenges From Unbundling

by Jeff Share, Editor,
Pipeline & Gas Journal

The impact of unbundling on local distribution companies is unprecedented and is pushing gas utilities across the nation to the brink as they search for ways to survive and prosper, according to a leading regulatory expert on energy issues.

One of the biggest issues, said Commissioner Ruth K. Kretschmer, who for 16 years has served on the Illinois Commerce Commission, is whether the LDCs should be allowed, or even ordered, to maintain their merchant function or merely function as a transporter. That ultimate decision should not be affected by the Federal Energy Regulatory Commission, which pulled the interstate pipelines out of the merchant business.

“Many gas utilities are forced to make decisions that they’ve never had to make before, one of them is purchasing natural gas. I believe that LDCs should be able to retain their merchant status if they choose to do so,” Kretschmer told about 300 natural gas officials at the 11th Annual LDC Forum sponsored in Chicago by the Interchange Energy Group in September. “In fact,” she added, “during the transition to a fully competitive market, it may be necessary to order an LDC to provide merchant services. One reason is customer choice. Why shouldn’t a customer be allowed to choose if he wishes to?”

Money is the bottom line for all customers, large and small, but it’s questionable how much they will actually benefit, Kretschmer said. “Everyone agrees that the incumbent LDC will continue to deliver the gas from the city gate to the customers’ burner tip. I don’t see any savings for customers in delivery.”

In Illinois, retail rates already include cost savings because of competitive purchasing and transportation markets. That leads her to question whether savings will be significant for Illinois residential customers. Kretschmer said the best she’s heard is that there may be a 2-4% savings in billing and metering costs. It leads her to ask whether the potential savings justify the time and money being spent on unbundling the natural gas industry at the LDC retail level. Also, do residential customers really want choice or do they just want lower prices?
Kretschmer pointed to a recent study on residential participation on gas customer choice programs released by the National Regulatory Research Institute which concluded—on its analysis of pilot programs—that small gas customers are reluctant to relinquish bundled sales service provided by their local gas utility even when alternate service would mean lower bills. Some felt that it’s not worth the risk; others felt confused or intimidated by the unbundling process while discriminatory actions by the LDC may prevent or discourage customers from switching, that report concluded.

Kretschmer said gas marketers responded that unbundling will provide numerous other benefits which customers will find appealing such as new services, increased quality of service and improving billing and metering. “By 2003, we will have answers to these issues,” she said.
The commissioner, who has gained a national reputation for her outspoken views, acknowledged that competition is here to stay. She urged the gas industry to keep legislators and regulators out of the picture as much as possible, pointing to the morass being encountered by the electric industry which is unlikely to be unbundled in her state until 2006, at the earliest.
“The question is not if your service territory will be open to competition, but when it will open. When you open your service territory to marketers, you will be able to compete successfully both through an affiliate and as a regulated utility.”

Utilities throughout the gas industry are spending top dollars on building brand names and logos, she noted. An unregulated affiliate’s advertising won’t matter if the service he receives from the regulated LDC is substandard, Kretschmer warned. “Your regulated business is a foundation for the future growth of your unregulated business. You may spend millions promoting brand names, advertising in every available media and promoting good will with charitable contributions, but if the quality of service is low and the price is high, your company will lose market share.”

She told listeners to concentrate on improved customer service in order to earn loyalty and suggested the first way to do that is by changing their telephone systems so that customers do not have to talk to a recording. “As a customer, I’m constantly surprised and annoyed by the lack of care many companies exhibit when dealing with customers. It’s quite clear that in coming years, a dissatisfied customer will change his supplier.”

Noting that convergence will continue to dominate strategy among electric companies and LDCs, Kretschmer predicted by 2003, there will be few utilities that market only one source of energy. This has led to the “bigger is better” mentality prevalent among corporate executives, a strategy that is easier said than done, she claimed, and one which shows no signs of letting up, either.
“There’s no question that natural gas companies, like all companies, are searching for opportunities to use all their assets to enhance shareholder value. But mergers are difficult to implement because they involve not only assets but people, management styles and operating strategies. We’ve seen mergers that have been costly and have had an adverse impact on earnings for several years.

“Let’s be brutally frank: if an electric utility wants to expand its market, the fastest strategy is to buy an LDC, and many electric utilities have the resources to do it.” Kretschmer noted a recent report by Merrill Lynch indicating that merger and acquisition activity has picked up speed in the past year because the electrics realize the pool of potential natural gas targets is dwindling. “It doesn’t take a crystal ball to predict that mergers, acquisitions and partnerships will continue. But I have seen few mergers that produce benefits for customers.”

Kretschmer also took a moment to discuss the biggest merger war now going on between Nisource, which is trying to take over Columbia Energy Group in a hostile takeover. “Talk about hostile - this is a war. CEOs Gary Neal (Nisource) and Rick Richard (Columbia) are both smart and tough, but if I had to make a bet on this one, I’d pick Richard. That’s going to happen in the next few months, but the longer it takes, the less likely it is that the merger will happen.”
Another speaker, Tim Collins, managing director of marketing for El Paso Energy, also spoke on the trend toward mergers. El Paso in recent years has been among the most active merger candidates, having acquired Tenneco Energy in 1996, is acquiring Sonat, and has itself been eyed by Southern Company. By the end of 1997, M&A activity in the gas industry were up four-fold since 1992; last year, 90 energy companies said they were involved in some form of strategic M&A activity, and by early this summer, more than 30 mergers were still on the plate, he said.

Federal and state deregulation continues to be the basis for many utility mergers. Deregulation, however, also has unleashed pent-up value in regulated companies, even if it also led to the dumping of some of those assets, Collins said.

“I believe what is driving mergers in the industry as a whole, now and in the future, shows much more responsiveness to raw economic and market forces.”

Companies like to package economies of scale with the ability to deploy the same system over a broad base of operations, he said. El Paso’s takeover of Tenneco, and soon with Sonat, enables it to leapfrog the industry to create the largest pipeline operation in the nation.

“There is an ‘if you can’t beat ‘em, buy ‘em rationale, that says mergers are expedient ways to acquire new markets that otherwise might be too difficult or expensive to reach on your own. Given the meteoric pace of our industry, you simply don’t have time to develop new skills or need the resources internally, so you merge with someone who has what you don’t have.
“The final instinct of eat or be eaten drives many companies to join up with their former competitors to force new critical mass of assets and resources. There’s also the idea that mergers allow you to buy your way into growth. This has long-term implications, but I wonder if it’s safe to conclude that outcomes will be as predictable or as traditional.”

In the keynote address, Cuba Wadlington Jr., now chief operating officer of Williams who will become president and CEO on Jan. 1, told the forum that a significant opportunity in the gas markets exists which must be exploited promptly.

“If we don’t take advantage of that opportunity, frankly, it is going to disappear,” he warned. Between 1997 and the 2005, the market in the eastern part of the U.S. will grow on an annual basis from 5.3 to 6.5 Tcf, equivalent to 3.3 Bcf/d, he estimated.

“We need to move it to the East Coast because that’s where the gas is going to be needed in the future. If we can get the types of efforts from regulators, that gas will be allowed to move to the eastern markets, we will reach the 30 Tcf market,” he said. Wadlington, who until recently ran Williams’ Transco pipeline in Houston, said the gas market’s growth primarily will come from power generation. “We don’t think power generation has any other options between now and the year 2005 but to use natural gas. That will be the fuel of choice,” he said, adding that the most important issue for every industry executive is to make sure that the gas is available and gets to the markets in the cheapest manner possible.

As a result, the industry needs additional supply, Wadlington said. “It’s extremely critical because power generators most likely will build facilities dependent on gas, and we need certainty of supply in order for them to be able to count on the gas being there when they turn their plants on. Those supplies need to be economically accessed in order for it to flow; then we need economical transportation from supply to market.”

For that to happen, Wadlington urged that regulations be enacted that allow the industry to build pipelines in a very rapid, responsive manner, because the market that they are trying to bring onstream—power generation—is one that determines exactly when they need their plants to be sited.

“We need to have pipeline facility construction in place in order to be there on the day when the plant opens. To do that, we have to have construction and certification rules and regulations that allow us to do what’s necessary in order to get permitted and have regulating agencies respond so facilities can be built on time and be in place when the power generators need them.”

Wadlington said the industry has to change the pricing of transportation facilities. “We need to go to a pricing mechanism that reflects the market. We need to move off the current pricing approaches that we use, such as straight fixed variable rate design and instead use pricing methodologies that allow power generators to pay when they are dispatching power, so they really shouldn’t have to pay if they’re not dispatching power.

“We need flexibility to set terms and conditions in contracts that we enter into with power generators in order to provide them with the gas when they need it during the hours that they need it, then we have the ability to price it in a manner that is above the cost of providing that service. In essence, we need to be able to work with power generators so that pipelines providing these services can accept downside risk as well as upside opportunities. If we can do those things, we will be able to capture the 30 Tcf market. If we cannot do those things, it’s going to be very difficult for the industry as it is structured today to meet the needs of power generating orders.”

Gas supply to serve these markets will come from western Canada, the Rocky Mountain region, the Gulf Coast and Sable Island. Much of the gas already is headed to Chicago and more will be coming when the huge Alliance Pipeline goes into service late next year. Between Alliance and the recently expanded Northern Borders Pipeline, an additional 2 Bcf/d of throughput will be headed into the Chicago hub, far more than that metropolis requires. Chicago now receives in excess of 1 Bcf/d, when in fact it needs less than that amount, Wadlington said.

In addition to being a partner in both Alliance and Northern Borders, Williams is involved in several projects to move that gas out of Chicago, including the proposed Independence Pipeline project with ANR and MarketLink, a project that is facing some intense opposition by New Jersey residents following the disastrous Texas Eastern explosion several years ago. P&GJ


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