Ruled

The oil and natural gas industry scored a “major victory” this month when the Tenth Circuit Court of Appeals ruled that the Department of Interior (DOI) does not have unfettered authority in collecting back royalties from producers, but rather is restricted by the statute of limitations that governs all government contract claims.

In his much-awaited initial decision, FERC Chief Administrative Law Judge Curtis Wagner Jr. ruled Tuesday that El Paso Natural Gas engaged in “blatant collusion” by rigging the bidding process for a large block of transportation capacity on its system to favor its merchant-power affiliate. However, he recommended dismissal of the charge that El Paso Merchant Energy Co. illegally exercised market power to drive up prices for natural gas delivered to southern California beginning in mid-2000.

To no one’s surprise, softness ruled in Friday’s trading for the weekend. Most price drops ranged from about a nickel to a quarter, with those in the vicinity of a dime most common. The larger declines tended to be at western points, and weekend OFOs caused border-SoCalGas and the PG&E citygate to register plunges on either side of a dollar.

Bowing to pressure from Capitol Hill, the Federal Energy Regulatory Commission ruled that the settlement conference currently in progress in Washington D.C. could address issues related to past power sales to consumers in the Pacific Northwest, as well as California.

FERC has ruled the six-month suspension of Destin Pipeline Co.L.L.C.’s blanket certificate authority does not apply to theconstruction of interconnects for two projects currently beingbuilt in Mississippi.

FERC ruled last week the six-month suspension of Destin PipelineCo. L.L.C.’s blanket certificate authority does not apply to theconstruction of interconnects for two projects currently beingbuilt in Mississippi.

The Public Service Co. of New Mexico (PNM) hailed a New MexicoSupreme Court decision yesterday that ruled in favor of PNM andoverturned a $6.9 million gas utility rate reduction imposed bystate regulators in 1997.

Oneok Inc. closed on the acquisition of a wide range ofMidcontinent gas assets from Kinder Morgan Inc. (KMI) lastWednesday after FERC ruled that the operations included in the salewere exempt from the terms of a recent consent agreement, whichimposed a number of restrictions on KMI companies for affiliateviolations [IN00-1]. This transaction, together with Oneok’spurchase of midstream assets from Dynegy Inc. last month, makes thecompany one of the biggest players in the Midcontinent gas market.

A three-member arbitration panel ruled that Oglethorpe PowerCorp.’s power marketing contract with LG&E Energy Corp. andLG&E Energy Marketing Inc. is valid and must be honored.LG&E began its challenge to the contract in 1998. The companysaid the decision will cause it to increase its fourth quarterafter-tax accrued loss on disposal of discontinued operations by$175 million. The loss stems from increased load demands, higherthan anticipated future commodity prices and other factors. Theincrease in the loss reserve will be recorded in discontinuedoperations.