Litigation Related to Fuel Issues

Client
Fine, Kaplan and Black
1845 Walnut Street
Philadelphia, PA 19103

and

Freedman, Boyd, Daniels, Peifer, Hollander, Guttmann & Goldberg
20 First Plaza, Suite 700
Albuquerque, New Mexico 87125

Completion Date
October, 1994

Project Description
The firms of Fine, Kaplan & Black and Freedman, Boyd, Daniels, Peifer, Hollander, Guttmann & Goldberg engaged Energy Associates for litigation on fuel related issues.  Energy Associates assisted by obtaining information about, and evaluating the existing and potential market for fuel-in-water emulsions and similar technology.

Fuel selection is a major decision for a power engineer.  It is the single largest item in the power plant operating budget and has a major effect on power plant economics.  Fuel determines plant design requirements and the types of systems that are provided.  As a result, it affects capital budgets and financing requirements.  The plant may be more complicated to design and construct.  The additional systems and equipment can lengthen the construction schedule.  This further increases finance charges and affects the utility's ability to quickly add capacity.  The type of fuel is a key factor in applications for environmental permits.  Fuel can be an ongoing permitting concern due to changing regulations, as seen with acid rain and NOx legislation.  Because fuel price forecasting has a turbulent history, a seemingly prudent fuel decision today can prove later to be a costly choice.  With electrical rates being subject to prudency reviews years after a decision is made, utilities can ill afford to rely on a single projection of future events.  A balanced power generation plan with fuel options provides the flexibility to react to unpredictable changes.

Fuel emulsions are a relatively new technology that can help to provide some of this flexibility.  They can replace heavy oil.  Fuel emulsions are priced like coal but handles like oil.  They were being investigated for oil fired plants that cannot be easily or economically converted to coal.