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What has EEI Done for You Lately, Little Ratepayer?

6/26/2017

3 Comments

 
The Edison Electric Institute is a trade association for investor owned electric utilities.  It's mission and vision:
Our Mission

The Edison Electric Institute (EEI) is the association that represents all U.S. investor-owned electric companies. Our members provide electricity for 220 million Americans, and operate in all 50 states and the District of Columbia. As a whole, the electric power industry supports more than 7 million jobs in communities across the United States. In addition to our U.S. members, EEI has more than 60 international electric companies as International Members, and hundreds of industry suppliers and related organizations as Associate Members.
 
Organized in 1933, EEI provides public policy leadership, strategic business intelligence, and essential conferences and forums.

Our Vision
EEI will be the best trade association.

We will be the best because we are committed to knowing our members and their needs. We will provide leadership and deliver services that consistently meet or exceed their expectations.

We will be the best because we will attract and retain employees who have the ambition to serve and will empower them to work effectively as individuals and in teams.

Above all, we will be the best trade association because, in the tradition of Thomas Edison, we will make a significant and positive contribution to the long-term success of the electric power industry in its vital mission to provide electricity to foster economic progress and improve the quality of life.

That's just a whole lot of business-y sounding jargon for... we lobby, we propagandize, we stick our nose into regulatory proceedings we don't understand, and we do it all for the purpose of increasing investor owned utility profits!

Does any of that sound like something that benefits you, little ratepayer?  No?  Then why are you paying for it in your electric bill?

The Energy and Policy Institute has published a new report detailing how utilities' EEI "dues" end up in electric bills, although ratepayers don't benefit from EEI's activities.

Paying for Utility Politics
How utility ratepayers are forced to fund the Edison Electric Institute and other political organizations

tells the story of the millions of dollars funneled to this organization, and others, by investor owned utilities every year that are, in turn, added to the utility's "cost of service" rate.  A utility's "cost of service" is supposed to include all expenses of the utility necessary to provide your electricity.  The utility also earns a return on its investment for your benefit.  But the Edison Electric Institute doesn't provide any benefits for ratepayers, it only benefits investor owned utilities.  And because some regulators are lazy about examining utility rates, the utility is often successful in passing its expense to fund EEI and other political organizations into the rates you pay.

A utility's political and lobbying expenses aren't a ratepayer burden.  A utility spends its own profits on these things because it cannot be assumed that laws, regulations, and propaganda that benefits the utility also benefits the ratepayer.  Except that utilities have a nasty habit of having little "accidents" where expenses that are clearly political or lobbying find their way into rates.  Sometimes when caught with their hand in the cookie jar, the utility says "oops" and removes the expense from rates.  Other times, they stand there arrogantly stuffing cookies into their gaping maw as fast as they can while stamping their feet and crying that the political expenses really aren't political at all, or that they are entitled to recover them by twisting regulation to make them into something unpolitical.  Honestly, these schmucks are crooked dirty jockeys who drive a crooked horse.
When third-party organizations or public service commission staffs have attempted to protect ratepayers from funding political organizations in recent years, their attempts have met with fierce resistance from the utility companies.
The report's executive summary:
This report explores how regulated utility companies are including their Edison Electric Institute (EEI) annual payments, along with payments to other trade associations, in their operating expenses. The widespread practice forces ratepayers to pay for political and public relations activities with which they may not agree, and from which they do not benefit. It also has the effect of ratepayers subsidizing the political activities of EEI and other trade associations. Utility commissions have a responsibility to protect ratepayers from paying for industry groups and their political work along with public relations activities. But utilities have become adroit at using EEI, and other organizations, to effectively and quietly influence policy while sheltering their shareholders from the bulk of the associated costs. Almost no other political organizations have the luxury of subsidization enjoyed by EEI and other representatives of the regulated utility industry.
You've paid for:

The salary of EEI President Thomas Kuhn, who made $4.1 million in 2015.

EEI's time to make sure that the Federal Energy Regulatory Commission (FERC) “provides compensatory returns on equity that recognize the risks associated with transmission construction."

EEI's education of regulators and consumers advocates on key industry issues, including capital expenditures that highlight the record-high investments in the grid.

Utility dues for The American Gas Association, Nuclear Energy Institute, and the U.S. Chamber of Commerce.

Utility contributions to the Democratic Governors Association; and Republican Governors Association.

EEI's legislative advocacy; regulatory advocacy; advertising; marketing; public relations; legislative policy research; regulatory policy research.

EEI's "litigation efforts".

EEI-sponsored dialogues and forums that brought together FERC commissioners, state policymakers, consumers, Wall Street analysts, and industry leaders to discuss key issues facing the industry.

A "Defend My Dividend" campaign, that secured permanent parity between the tax rates for dividends and capital gains.

A "We Stand For Energy" campaign, to educate and unite more than 250,000 electricity consumers and stakeholders across the country and to advocate for smart energy solutions that ensure electricity remains safe, reliable, affordable, and increasingly clean.


Hunton & Williams LLP and Venable LLP. Hunton & Williams is the counsel for the Utility Air Regulatory Group (UARG), Utility Water Act Group (UWAG), and Waters Advocacy Coalition (WAC). Venable represents the Utilities Solid Waste and Activities Group (USWAG). Since 2008, Hunton & Williams has received $64.7 million from EEI and Venable has received $21.5 million.  These ad-hoc organizations lobby the EPA and other federal interests to roll back clean air and water regulations.

Americans for Prosperity


Congressional Black Caucus/Foundation

Thomas Alva Edison Foundation

American Legislative Exchange Council

EEI's “Lexicon Project,” an opportunity for utilities to assume an “offensive posture” on energy policy and to rebrand the electric utility industry and overcome the negative perceptions consumers have about the lack of progress utilities have made on renewable energy and environmental issues.

American Coalition for Clean Coal Electricity.

There's much, much more in the report, so read it for yourself.

The report recommends

The evidence in this report reveals that EEI is primarily and inherently a political organization, and that much of its work targets policymakers throughout all levels of government to build influence, specifically for their member companies but also for the industry at large. While many states have their established practices of how to code trade association dues, they should revisit outdated guidelines due to the nature of EEI’s modern activities to ensure that they are adequately protecting ratepayers. Throughout the past three decades, some regulators and consumer advocates have acted to protect ratepayers, but scrutiny has waned dramatically. Precedent exists for public officials to act in every state to investigate whether or not EEI’s inherently political work ought to be funded by ratepayers.
Your public utility commission and consumer advocate owe it to you to pick through rate filings and demand that the utility prove ratepayer benefit for the EEI dues it pays, along with other "dues" it pays to political organizations and other groups whose mission is to support investor owned utility profits, not consumer interests.

Thomas Edison would probably be ashamed of these crooks.
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Potomac Edison Receives Fine for Maryland Meter Reading Failure

6/23/2017

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The Maryland Public Service Commission finally got around to issuing an Order on the great Potomac Edison meter reading failure of 2011-2012, a full six years after the ratepayers it serves were harmed.  Six years!!

A press release from Doug Kaplan of The Sugarloaf Conservancy tells the story.
For years the citizens of Maryland have been waiting to find out whether the Public Service Commission really cares about justice and protecting the public. We have our answer. The answer is NO!

The Maryland Public Service Commission (PSC) in their recent Order has taken a position in support of Potomac Edison (PE) on the major issue, against ratepayers’ interests. The Commissioners’ decision is in conflict with both their own Judge’s determination and the West Virginia Public Service Commissioners on the same issue.

The most important decision on this matter was whether or not to require PE to read meters monthly. The PSC Commissioners, as usual, supported the utility company when they overturned the Order issued by the Judge who heard the case.

This should have been expected because in every meeting and mediation, PE’s attorney would declare that PE will not do monthly reads! Apparently lawyers and attorneys trump justice every time! We now know our PSC stands for money in politicians’ and big businesses’ pockets without concern for the problems and concerns of the people or justice at all.

As a brief history, in May 2012, as President of Sugarloaf Conservancy (Doug) filed a formal complaint with the PSC asking them to “establish a formal case to investigate this matter” in response to members’ complaints about PE meter reading practices.  These practices included the failure of the company to read meters bimonthly as required, using inaccurate estimations, which caused substantial over and under billings. Both situations have negative ramifications causing harm to those who can least afford to pay overcharges or large catch-up bills.

A case was finally opened in April 2013. After years of delay the Judge in May 2016 ruled against PE. In part of his Order he stated, “I find that PE's meter reading tariff must be modified to require an actual reading on a monthly schedule...” (as is the case with all other electric utilities in Maryland).  PE appealed the Judge’s Order. A year passed without any decision by the Commissioners. On May 16th, in a letter sent to the PSC, we insisted they fulfill their obligation. Finally on June 19th, the PSC issued an Order.

The Order upholds most of the findings of the Judge’s ruling, including that PE must submit a monthly report for 24 months; pay a minor penalty of $25,000; offer a payment plan to those customers who receive a substantially low estimate bill, followed by a substantial catch up bill the following month; modify their bill to clearly show when an estimate occurs and the reason for not reading the meter.  The reversal of the Judge’s Order to require PE to read meters monthly is in stark contrast to a similar case in West Virginia. West Virginia took less than a month to open a case after the issue was raised whereas the Maryland PSC waited a year after we asked for an investigation; Maryland dragged out the case for four years before the Commissioners issued a final Order; West Virginia issued a comprehensive ruling against PE including the requirement that they read meters on a monthly basis after only a year.  Maryland PSC Order required PE address only 4 areas of concern whereas in West Virginia their PSC hit PE on twelve major requirements.

There is great concern that this slap on the wrist will embolden PE to resume their past business practices, which have caused severe harm to so many.  Unfortunately the losers will be the senior citizens on a fixed income and the poor who can least afford to either pay for electricity they have not consumed or be hit with a sizable catch-up bill.  The Commissioners, through this Order, confirmed their past history of supporting utility companies at the expense of ratepayers in Maryland. This pattern should be disturbing to everyone and unfortunately will not likely change.
Two different states... two different results for the same problem.

FirstEnergy, Potomac Edison's parent company, screwed up.  In the wake of FirstEnergy's take over of the former Allegheny Energy, FirstEnergy decided to scrap Allegheny's bi-monthly meter reading procedures and replace them with FirstEnergy's meter reading practices.  Except FE's meter reading practices were designed for companies who read meters monthly.  When a reading is skipped at a monthly read company, the issue can resolve itself the very next month.  However, when this scheme is applied to a bi-monthly read company, the problem often cannot right itself for several months, because the read cycle is 60 days long, instead of 30.

Combine this with FE's changes to meter reading personnel, including crappy pay and requiring the use of a personal vehicle, and suddenly there weren't many meter readers available to catch up on missed reads.

Disaster!

It shouldn't take a rocket scientist to figure out where the mistakes were made.  FirstEnergy is just that stupid, folks.  Instead of fixing its problems, the company had to be dragged kicking and screaming into costly regulatory hearings because it refused to admit that it had done anything wrong.

Now the citizens of West Virginia pay double the cost for monthly meter reading, and Maryland holds its breath hoping that the stupidity doesn't once again rule supreme on a bi-monthly read schedule.

This whole debacle was caused by a clumsily managed merger that both PSCs approved with nary a care.  The only consequences were to the hundreds of electric customers who paid the ultimate price of inaccurate bills, electric shut offs, and endless payment plans.

Oh, and a $25K fine.  Which ought to come out of some fat ass executive's pay for performance bonus (he'll hardly notice it), but sadly will probably find its way back into the electric rates you pay.  And pay.  And pay.  And pay.
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FirstEnergy Needs You To Toss Them a Rope

1/12/2017

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Awwww.... FirstEnergy had a bad year in 2016.
"There's blood in the water," Jones said in an October interview.

He added, "We've reduced benefits, we've reduced 401(k) matches, we froze wages. We've done a lot of things to try and offset lost revenue, but couldn't offset it entirely … We're evaluating everything we do as a company to try and find a way to close that gap. Because (what's been done so far) is not enough to get us into the position with the credit rating agencies that we need to be in."
And I'm sure Chatty Chuck took a huge pay cut and stopped wasting the company's profits on football stadium signage, too.  Wait!  What?  That didn't happen?

Well, there always selling another antique coal-fired electric generating station to captive customers in West Virginia!  I'm pretty sure they're going to try that next as a way to position themselves properly with the credit rating agencies.  Because even though FirstEnergy's money problems were of their own making, they want West Virginians to bail them out.  Again.
Pleasants, currently owned by a Mon Power sister company, Allegheny Energy Supply, is an aging, coal-fired plant that hasn’t been generating the returns investors want in Ohio’s deregulated energy marketplace. FirstEnergy CEO Charles E. Jones, on at least two occasions in 2016, told analysts the company wanted to shift plants like Pleasants that weren’t making investors enough money in Ohio into West Virginia’s regulated market, saying, “I think later this year, they’ll start (looking) at it seriously, and it’s up to (the West Virginia Public Service Commission) to decide, would Pleasants be the appropriate solution.”
And so that's what they did, issuing a narrow and completely opague Request for Proposals that could only be fulfilled by the sale of Pleasants to West Virginia regulated FirstEnergy subsidiaries Mon Power and Potomac Edison.  Once the transaction is completed, electric customers of the two local utilities will pay all the operational costs of the plant, along with a guaranteed profit.  That ought to cheer up the credit rating agencies, right?

Well, only if it happens.  Only if you allow it to happen.  What can you do?  Stay educated.  Stay tuned... 
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WV PSC Follows Utility Lead

10/28/2016

1 Comment

 
It's really not surprising that our West Virginia Public Service Commissioners continue to fail at leading utilities to act in the best interest of the state's consumers.  In a state where Public Service Commission appointments are looked at as political favors, an ill-informed and uninspired regulator continues to march to the beat of utility profits.

Recently, the WV PSC dismissed a petition filed by its own staff and the WV Consumer Advocate to require electric utilities Mon Power and Potomac Edison to issue a Request for Proposals before buying another generator from its parent company in an intimate and opaque non-arm's-length transaction.

The WV PSC found the petition "premature" because the companies have not yet filed an action to purchase more generation.

The PSC previously rejected a motion by the same parties to require the companies to issue an RFP for new generation it claimed would be needed in its Integrated Resource Plan last year.

The PSC contends that the requirement to file an Integrated Resource Plan does not allow the PSC to approve or reject a utility's plan, therefore it must powerlessly follow a utility's lead.  The PSC also contends that the companies' promise to issue an RFP for new generation that was part of its settlement in the case that allowed its last inter-company purchase of generation has not been triggered.  The WV PSC sits trussed up on the floor like a prisoner, unable and unwilling to act in the best interests of West Virginia's electric consumers, completely useless.

It's word soup and double standards that has the PSC ineffectually sitting on their hands.  The last time the companies needed to purchase generation in an internal transaction (Harrison), they claimed there just wasn't time to issue an RFP because the need was way too urgent.  If that was the case, then the utilities had not planned correctly.  The settlement that allowed the purchase of Harrison required:
If the Companies determine in any annual PJM Base Residual Auction (“BRA”) that their combined capacity obligations for the delivery year covered by the BRA (“Delivery Year”) exceed the Companies’ owned or contracted-for capacity resources for the Delivery Year by 100 MW or more (“Capacity Shortfall”), then not later than the end of the calendar year following the BRA, the Companies will develop an RFP for capacity resources to address the Capacity Shortfall and submit the RFP to the Commission and the Parties for their review and comment. The RFP will allow proposals from both supply-side and demand-side resources.
Everyone hoped that the companies would honor this commitment.

However, the companies turned around and filed an Integrated Resource Plan contending a generation shortfall.  In that filing, the companies used a different method to calculate the shortfall that did not depend on PJM's Base Residual Auction.
Mon Power’s Long Term Load Forecast indicates a capacity shortfall starting in 2016, with the shortfall exceeding 700 MW by 2020 and extending to over 850 MW by 2027.
While PJM's auction may not require the companies to acquire more generation, the companies used a different method to calculate a shortfall, and then claimed that it was not required to issue an RFP because PJM's auction didn't indicate the same shortfall.

And the WV PSC let them get away with it!  If the PSC wants to use the companies' method to calculate generation needs, then it should never have approved the settlement stipulation that used PJM's method.  Conversely, if the PSC approved the stipulation that used PJM's method for calculating generation needs, then it should never have allowed the companies to use a different method in its Integrated Resource Plan.  They simply can't have it both ways!  Either they have a generation shortfall, or they don't.  The WV PSC needs to quit dithering and sitting on its hands.

FirstEnergy has made it perfectly clear that it intends to make Mon Power and Potomac Edison purchase the Pleasants power station.
We will continue to seek opportunities both within the competitive realm and the states to further de-risk the business and convert megawatts from competitive markets to a regulated or regulated-like construct.

We also plan to work with the West Virginia Public Service Commission when they are ready to address the generation shortfall included in Mon Power's integrated resource plan.

So we previously filed the IRP. It showed a need for generation going out a couple of years from now. But that case right now is concluded. So there is nothing that would, unless we were to file something, initiate something, that would come out of that case. So we would be looking as we go forward and continue to monitor the forecast for that company to see how we might want to present something consistent with the IRP in terms of bringing additional generation to Mon Power.

Michael Lapides - Goldman Sachs & Co.

Got it. So there's no formal like RFP process that's about to kick off or that will be undertaken in 2016 or 2017?

Leila L. Vespoli - Executive Vice President, Markets & Chief Legal Officer

Correct. There's no time line associated with that. We would initiate it when we believe it to be the appropriate time.
FirstEnergy management arrogantly tells its investors that it alone controls the timeline in which the WV PSC may examine its upcoming request to have Mon Power and Potomac Edison purchase more generation from the parent company.  Only FirstEnergy will decide when the time is appropriate to create another "urgent need" that the PSC must approve without initiating a fair and transparent competitive process.

The WV PSC needs to stop behaving like FirstEnergy's dog on a leash and start doing its job as a regulator tasked with balancing public and private interests to effectively serve the state's consumers.  Maybe the political appointees at the PSC need to find out what their job actually entails?  I think they all need to read this book.
The decisive regulator makes decisions (1) required by the public interest, (2) when the public interest requires it, (3) regardless of discomfort felt, (4) using a logical method and an active approach.
As long as the WV PSC continues to behave like a lapdog, FirstEnergy will continue to toss West Virginians under the bus for benefit of its company and investors.
At this time, however, we do not see any short-term solutions to the current challenging market situation. Longer-term, we do not believe competitive generation is a good fit for FirstEnergy and are focused regulated operations. And we cannot put investors and our company at risk as we wait for the country and PJM to address the issues with the current construct.
Our PSC should be refusing to put West Virginians at risk!  Let's hope they figure out what it is they're supposed to be doing before we're stuck with another costly, outdated generator.
1 Comment

FirstEnergy's Coal Plant Purchase Has Cost You $130 Since 2013

9/20/2016

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That's according to a recent report from the Institute for Energy Economics and Financial Analysis (IEEFA).

Back in 2013, FirstEnergy, parent company of West Virginia distribution electric utilities Mon Power and Potomac Edison, came up with a bright idea to sell the Harrison Power Station to itself in order to raise cash to shore up its sagging balance sheet.  The plant was originally owned by FirstEnergy's competitive electricity supply company, Allegheny Energy Supply.  When owned by Allegheny Energy Supply, the plant was required to cover its own operating costs and make any profits by selling electricity into regional markets at a cost higher than its costs to produce the power.  However, market prices for electricity began falling due to the glut of cheaper gas-fired generators, making it harder and harder for Harrison to compete and turn a profit.  FirstEnergy proposed that Allegheny Energy Supply "sell" the plant to its West Virginia distribution affiliates at a jacked up price.  Once Mon Power and Potomac Edison owned the plant, their ratepayers would cover the cost of operating the plant, with electricity sold to the power market at going rates.  Except the going rate for power not only didn't produce any profit for the company's ratepayers, it didn't even cover its own operating costs.  Therefore, ratepayers of Mon Power and Potomac Edison have been subsidizing the cost of operating the plant at a loss since 2013.  The IEEFA estimates that the bill for ratepayers has climbed to $164 million.  That equals roughly $130 in extra electric bill charges for every customer of Mon Power and Potomac Edison, paid to cover the losses of operating the Harrison Power Station.

The IEEFA calculated the costs by using monthly reports of operating costs and market prices submitted to the Public Service Commission since 2013.  The IEEFA report reveals that the plant has produced a net cost (not benefit) to ratepayers for 28 out of 33 months.  And future prospects for the plant turning a profit remain dim.

FirstEnergy "still believes the plant is still a good deal for customers in West Virginia."
Todd Meyers, a spokesperson for MonPower, responded to questions about the study by saying the company believes the purchase benefits their customers and that it supports coal mining.

“It continues to provide reliable, low-cost power to our customers, and has preserved the opportunity to use more than 5 million tons of West Virginia produced coal annually, supporting hundreds of coal miners with solid, family-sustaining wages,” he said.
No word on whether Meyers still believes in Santa Claus, the Easter Bunny, and the Tooth Fairy as well, but I recently bumped into a leprechaun riding a unicorn and he told me that he does.

What are customers of Mon Power and Potomac Edison paying for?  Are they paying for the electricity they use, or are they paying to subsidize the coal industry?  Or are they instead simply subsidizing FirstEnergy's quarterly dividends paid to shareholders?

And guess what?  FirstEnergy has recently proposed selling ANOTHER of its competitive coal plants to Mon Power and Potomac Edison, citing the "model" of Harrison as the basis for another "good deal for customers in West Virginia."  We can't afford another one of FirstEnergy's "good deals!"

Heads up, West Virginians, we're going to need all hands on deck to stop this one!
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FirstEnergy Scheme to Pass Risk to West Virginians

8/6/2016

1 Comment

 
It's a risk hot potato.  While some states have deregulated electricity generation, others have not.  This makes for two different economic schemes for power plants.  In the deregulated scenario, plants compete with each other to sell power in electric markets.  A deregulated plant's income is derived from what it earns.  Earnings minus the cost of producing power equals profit.  But a regulated plant comes with a guaranteed profit.  Regulation takes the place of a competitive market to guarantee a generator a fair return (but no more).  A regulated plant is guaranteed to collect its cost of producing power, plus a fair return, to generate a set amount of profit.

When power market prices are high, deregulated plants earn more, because there is no regulated cap on the amount they can earn.  However, when power market prices are low, regulated plants earn more, because they are guaranteed to earn a certain amount over their cost of service.

A deregulated plant must cover its own operation costs, everything it earns above its cost to produce power is profit.  The owner of the plant shoulders all the risk of operating a plant that doesn't produce adequate profit.  If a plant cannot produce adequate profit, it fails economically and will likely close.

A regulated plant's operation costs are covered by ratepayers.  If the plant fails to produce an adequate profit margin, it can continue to operate because it is guaranteed to collect its operating costs and a small profit from ratepayers.  The ratepayers shoulder all risk of operating a plant that doesn't produce adequate profit.  It cannot fail economically because the ratepayers are there to make up any shortfalls between the cost to produce power, and the market price of that power.

It's all about who shoulders the economic risk. 

FirstEnergy used to love deregulated plants when power prices were high.  FirstEnergy made huge profits.  But then power prices started falling because generators that were cheaper to operate entered the market.  FirstEnergy's plants use coal for fuel.  New plants use cheaper natural gas for fuel.  Suddenly, FirstEnergy's deregulated coal-fired plants weren't economic any longer and couldn't cover their operating costs and still generate a profit.  In a pure market situation, these plants would close.  However, FirstEnergy has been looking for ways to transfer their deregulated plants into a regulated system, so they can continue to operate at a loss, courtesy of electric ratepayers.  FirstEnergy wants to transfer its risk from the company to ratepayers.
“We cannot put investors and our company at risk.”
So said FirstEnergy CEO Chatty Chuck Jones during a conference with the company's stockholders.  The company is planning to transfer its unprofitable Pleasants coal-fired plant into West Virginia's regulated system so that the company no longer has any risk associated with owning it.

If it's too risky for FirstEnergy's shareholders, it's too risky for West Virginia consumers.  We simply cannot afford to shoulder more risk for the Ohio power conglomerate.  Several years ago, FirstEnergy was successful in transferring its failing Harrison Power Station into West Virginia's regulated system.  West Virginians are now paying above-market prices to operate it, and sell excess power into the regional market.  Electric bills increased to cover the cost of owning and operating the plant (and paying for a whole bunch of maintenance on the plant that FirstEnergy deferred because the plant was losing money), plus a guaranteed profit for FirstEnergy.

Late last year, FirstEnergy filed its Integrated Resource Plan with the WV Public Service Commission.  The IRP is a long-range plan by the company detailing how it plans to acquire the generation resources necessary to meet the needs of West Virginia customers.  In its plan, it contended that buying another coal-fired power plant from its parent company was the best option for the customers.  Other parties intervened to argue against it, but the Commission ultimately approved the plan, noting that actually buying the coal-fired plant would necessitate another filing and review by the Commission and parties could argue against it at that time.

However, during the last coal-fired power plant purchase case for Harrison, the company contended that there wasn't time to issue a request for proposals to solicit power supply contracts from other generators that may compete with Harrison to produce the lowest cost for West Virginia ratepayers.  Therefore, Harrison stood alone as the only "solution."

Since the PSC neglected to require the company to solicit competitive bids for supply as part of its IRP, when is an RFP supposed to happen?  It can't happen during the IRP, because it's too early in the process.  But yet it can't happen when supply is needed, because it's too late in the process.

The Staff of the PSC and the West Virginia Consumer Advocate say the time is now.  They have jointly filed a request that the company be required to file RFPs for all future capacity and energy requirements above a certain threshold.  If West Virginians deserve to pay the cheapest prices for the power they need, then the company should be required to solicit competitive bids.

But the company doesn't want to.  FirstEnergy wants to sell its Pleasants power station to West Virginians without any competition.  That's not fair, or in the best interests of West Virginia ratepayers.  FirstEnergy is whining that it shouldn't have to bear the risk of its unprofitable Pleasants plant, because it still has "life left in it."
“Is it frustrating that we’re shutting down tens of thousands of megawatts of generation in our country that’s got life left in it because of the way this market is working?” Jones said. “That is very frustrating to me.”
While the plant may still have physical "life" in it, it doesn't have any economic "life" left.

West Virginia can't afford to bail FirstEnergy out of its bad economic decisions any longer.  Subsidizing FirstEnergy is "frustrating" to West Virginians, too, who sometimes have to make a choice between paying their electric bill and buying food.  Go peddle your lemon somewhere else, FirstEnergy.
1 Comment

Southern Cross Transmission - Just One More Attempt to Take Private Property for Corporate Gain

7/31/2016

1 Comment

 
It's not about where to put the Southern Cross Transmission line, it's about whether to build it at all.

Here we go again...
However, most the attendees at the Bell Schoolhouse Fire Station meeting opposed the project. Dennis Daniels, who organized the meeting, said he has already been a victim of eminent domain once and does not want to go through the process again.
 
"Honestly I don't have any questions for (representatives)," he said. "I just don't want them to come through my property."
 
He's concerned that the power line will decrease property values, restrict further development on his land and be an eyesore.
 
"It bothers me most that it's a private, for-profit company," he said. "They're going to use eminent domain to take our property rights away to give to a company in San Francisco to make millions of dollars off of each year."

The Southern Cross transmission project is another unneeded HVDC merchant project intended to ship renewable energy into higher priced markets for corporate profit.  But this one isn't owned by Houston-based Clean Line Energy.  It's owned by a different company, San Francisco-based Pattern Energy.  Pattern proposes that it shall build a 400-mile HVDC transmission project across Louisiana and Mississippi in order to serve energy markets in "the southeast electric grid" with wind energy generated in Texas.

The Texas wind market is tapped out.  They've built so much wind generation and transmission to ship it around the state that sometimes they have to give it away for free. 
But yet, Texas wants to be its own little electric grid, islanded from the rest of the nation's power grid.  Except when all its renewable energy goodness tanks prices.  Then Texas wants to connect to the rest of the grid in order to export its excess wind generation into other markets where it will fetch higher prices.  And that's the only purpose for Southern Cross.

This project has been in the works for years, but was only recently sprung on landowners along its 400-mile route.  And chaos ensued.  Of course the landowners don't want to be forced to sacrifice their property, personal wealth and peace of mind for the benefit of electricity consumers in other states in "the southeast."  Southern Cross will only interconnect with the rest of the grid serving Louisiana and Mississippi at two converter stations, one near the Texas-Louisiana border, and the second near the Mississippi-Alabama border.  What's in it for all the residents of Louisiana and Mississippi in between?  Not much.

And to make matters worse, landowners in Mississippi are getting smoke blown in their faces by one of their PSC Commissioners, who is urging them to communicate with Pattern Energy instead of the PSC.
In a public meeting at the Bell Schoolhouse Fire Station just outside Starkville Thursday, Public Service Commissioner Brandon Presley urged residents to reach out to representatives from Southern Cross Transmission if they have questions about the company's proposed wind energy transmission line.
 
"Let it not be said of you that you didn't call on these people and that you didn't file an objection," Presley said at the meeting.

While eminent domain is not out of the question, Presley said he believes the company will do everything in its power to avoid having to use it. Southern Cross representatives have told him they have put in similar lines in other parts of the country without resorting to eminent domain.

Presley said his office received a plethora of letters, emails and phone calls from property owners who received letters. In a meeting with company representatives, Presley said someone from the company has to meet with property owners one-on-one at the time and place of the landowner's choosing.
 
In an interview with The Dispatch Thursday, Presley said a Southern Cross representative had already begun meeting with landowners individually. Presley also had the company designate a point of contact for landowners to call. Since then, his office has received fewer calls from concerned citizens.
 
In June, Southern Cross Transmission sent letters to landowners whose property is within 500 feet of one of the proposed routes and promised to hold meetings and answer questions from landowners. The company then hosted an open house for property owners, but many left that meeting with more questions than answers, Presley said.
 
Legally, Southern Cross Transmission doesn't have to communicate with the public at all until it has decided on a route and filed a proposal with the Public Service Commission. But Presley wants to ensure that the company shows landowners the dignity and respect they deserve.

Sure, that makes Presley's job easier if all the landowners have folded and granted easements to Pattern Energy before it files its application for a Certificate of Public Convenience and Necessity and eminent domain authority in the state.  But, for the landowners, it's not simply about where to put the line, but whether or not to build it in the first place.

Pattern is misleading landowners about FERC's authority to permit this project.
FERC has previously found that the interconnection of the Southern Cross Project to the ERCOT transmission system is in the public interest and that the Project will create substantial benefits both for the ERCOT and the Southeast regions.
But FERC has no authority to permit this transmission project, or to grant eminent domain authority over private property to Pattern Energy.  Only the states do.  Both Louisiana and Mississippi will have to find need and public benefit for the project in their respective states.

Landowners can make a big difference by participating in the PSC process, and that's where they should be directing their energies right now, not wasting their time discussing where to put the project with Pattern Energy.
Southern Cross Transmission plans to settle on a route and file its proposal with the commission this fall. Once that happens, Presley said, citizens have 20 days to file an objection, which gives them legal rights in the case.
Not much time, opponents need to prepare to file objections, or better yet to intervene in the case.
He requested landowners write down whatever questions they have, take those questions directly to the company and wait until they had met with Southern Cross representatives before deciding whether to oppose the project.
Don't waste your time, landowners.  Begin crafting your "fact-based" arguments now, but the only facts you need to begin is that Southern Cross's proposal will affect your interest in real property located on or near a proposed route.  And don't think if your property is on a proposed route that is later taken off the table that you're safe.  Until an actual siting permit is granted, routes can and will change, with very little notice.  In fact, the companies like it better if landowners don't know anything about the project until the bulldozers show up.  How can you cause trouble for them if you're unaware?

Exactly... and that's why landowners are getting such late notice about this project.  But there's still plenty of time to organize and legally intervene.  The bigger the stink, the better the chances the project will be cancelled.
Presley has also said he will not approve the project unless the company can prove it has some benefit to Mississippi.
 
"I'm as much for clean air and clean energy as the next guy, but it's got to be about more than renewable energy," he said. "For us, that's a plus, but there has to be other things."
I'm sure Commissioner Presley is "for clean air and clean energy."  After all, the Sierra Club was a big donor to his campaign to be elected to the PSC.  And Sierra Club has never seen a transmission project "for wind" that it didn't love.
"At the end of the day, the ability to connect into wind energy, which does not cost anything as far as burning coal, burning natural gas, (is) obviously an energy source that could have a benefit to the state," Presley said.
 
"That's the benefit," he added. "But also obviously if this electricity is low cost, I'm not going to be supporting trucking it through Mississippi to pump it to Atlanta, Georgia, and our people have cheap electricity ran over the top of their property and not being able to take advantage of it."
That's nice to hear, but Commissioner Presley has coyly avoided the elephant in the room.  Eminent domain.  While eminent domain has historically been used to construct transmission lines for which there is some reliability need, using that authority to build transmission lines for the sole purpose of moving renewable energy to higher priced eastern electric markets is an issue of first impression.  In the case of transmission solely for profit, eminent domain takes on a whole new purpose:  Eminent domain for the private gain of a company located in San Francisco.  And that's just the rub.
1 Comment

Potomac Edison Says No One Was Harmed by its Failure to Read Electric Meters in Maryland

6/24/2016

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Wahhhhhhhh.

I could end this blog post there, but I won't.

In May, a Maryland PSC administrative law judge proposed ordering Potomac Edison to change its meter reading frequency to monthly and fined the company a piddly $25K.

That followed an earlier proposed order issued in April, in which the same ALJ said no harm, no foul, and did nothing to punish the company for its transgressions.  The Commission pulled that proposed order and said it was "inadvertently issued."  I guess the judge didn't check with his boss before filing it.  Therefore, the revised order was issued a month later.

Now Potomac Edison and the Maryland Office of People's Counsel are appealing that decision, and basing it on the illegality of the ALJ's sudden change of heart.  The OPC doesn't think monthly meter reading is a solution to a problem that has since solved itself, and that ratepayers shouldn't have to shoulder the financial burden of this company's despicable actions (or lack of action, as the case may be).

You can find all the above filings here.

I guess OPC has a point, why should ratepayers pay to fix Potomac Edison's failure?  That's what happened in West Virginia, where meters are now read every single month.  Buh-bye incorrect estimated bills and huge "catch-up" bills.  Hello wacky bill schedule!  Since a reading must be done before a bill is issued, bills are never issued and due on the same day each month.  This presents a problem for folks who are only paid monthly, such as social security recipients, where they may receive two bills due within the same pay period.

But the anger is nowhere near that displayed across three states in the wake of Allegheny Energy's merger with Ohio dimwits FirstEnergy.  Perhaps if Maryland's Staff and OPC had paid attention to the West Virginia proceeding several years ago, they'd know that the meter reading failure was directly tied to the company's post-merger actions.  FirstEnergy insisted that Allegheny Energy toss out its perfectly good bill estimation methods designed to mesh with its alternate month reading schedule.  It had been working in WV for 30 years.  Instead, FirstEnergy insisted Allegheny adopt its own estimation routine, which was designed for missed reads in a system based on monthly reads.  That's right, while it may have worked fine for FirstEnergy subsidiaries that read meters monthly, it did NOT work for Allegheny's bi-monthly read system.  Combine that with FirstEnergy's "reorganization" of Allegheny's meter reading department and switch to "contract" meter readers who are paid less and must use their own vehicles, instead of a company-maintained motor pool, and disaster ensued. 

Whose fault was this?  FirstEnergy's!!

Only because of the scrutiny received in West Virginia (and to a lesser extent in Maryland, since the MD PSC was quite effective in preventing the customers from being heard during the heat of the moment) did the company take action to fix their mess.  Because Maryland waited so long to actually DO anything, the problems are long since over.

Now Potomac Edison says their actions didn't actually hurt anyone in Maryland because there's nothing in the record.  And there's nothing in the record because the MD PSC cancelled the public hearing it initially scheduled on this matter.  Then shoved the case off to mediation for years.  Then held a hearing.  Then issued two orders FIVE YEARS after the damage was done.  Justice delayed is justice denied, in this instance.

Potomac Edison also whines about the measly $25K fine the ALJ imposed.  $25K probably wouldn't even pay for two seats in the FirstEnergy CEO's special "luxury suite" at FirstEnergy stadium.  And yet this company has the nerve to cry like a baby over $25K.

So, hot potato passes to the MD PSC Commissioners, who seem to be responsible for the amended proposed order, so we'll assume it's to their liking.  Who knows, maybe Chatty Chuck will invite the Commissioners to watch a game in his luxury suite!  Woo Hoo!
0 Comments

Can State Utility Commissions Be Free From Political Influence?

6/21/2016

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Last week, outgoing FERC Commissioner Tony Clark said there is a "need to insulate state utility regulators from political pressure."

I agree.

But what's really interesting is that Clark actually said those words out loud.  If you were to ask any state regulatory commission whether their decisions were politically influenced, you'd most likely get a denial.

But how could their decisions NOT be politically influenced, when the Commissioners themselves are political appointees?  In the majority of states, regulatory commissioners are appointed by the Governor, or "elected" by the state's legislature.  In twelve states, regulatory commissioners are elected by the voters in a general election.  In all instances, politics loom large in a Commissioner stepping into the job, and,  more importantly, keeping that job for additional terms.

In West Virginia, appointments to the Public Service Commission are treated like political favors, and the Governor has been known to let Commissioners continue to sit for years after their appointment expires, without naming a successor.  In that instance, the Commissioner's day-to-day employment is subject to the whims of the Governor, who can appoint a successor at any time the sitting Commissioner displeases him.

Political influence over commission decisions is the norm, and utilities have become expert at shaping and using that political influence to get their projects approved.  Utilities spend big bucks to shape political dialogue, and buy the support of the right political influences, to smooth project approvals.

Baldly stated, a utility commission currently makes its decision to approve or deny a project based on politics.  It then picks and chooses evidence from the record that best supports its decision.  This is a complete reversal of how it's supposed to work:  The Commission should examine and weigh evidence to reach an impartial decision based on facts.  The evidentiary record is supposed to shape the decision, not the other way around.

I'm not sure that Clark provided a suggestion on how to reform state commissions to foster independence, but he had plenty to say about why our current model isn't working.
Another challenge facing the industry is the need to insulate state utility regulators from political pressure.

In instances around the country, he said, "you're seeing the confluence of politics challenging that independent regulatory model."

It's a reason the California Public Utilities Commission was located in San Francisco instead of Sacramento back in the 1800s when it was the California Railroad Commission, to protect regulators from the political influence of the powerful monopoly railroads.

Clark cited the Nevada Public Utilities Commission decision late last year in which regulators posted fixed charges for NV Energy customers with solar energy systems and slashed rates for compensation for excess energy put back on the grid (ClimateWire, Jan. 11).

He quoted a solar industry executive who told reporters that Republican Gov. Brian Sandoval should "get control of his appointees."

The comment, Clark said, "drives home that large segments of the public -- and sometimes fairly sophisticated people that operate in this space -- view regulatory commissions as just another extension of politics."
But at least he's acknowledged the elephant in the room.

How do we assure that political appointees (or elected officials) are actually able to act independently once they assume their seats?  Limit them to one term, so that future appointments or elections become irrelevant?  If commissioners were limited to one term, would quality regulators even show an interest in the positions?  What are other possible solutions?
1 Comment

FirstEnergy and AEP Flame Out in Ohio; Seek to Strap Ratepayers in Other States

5/3/2016

2 Comments

 
Well, that was completely unsurprising.  FERC said the Power Purchase Agreements requiring captive Ohio distribution company customers to purchase generation from AEP and FE merchant generators don't pass the sniff test.

Even though the Public Utilities Commission of Ohio (PUCO) approved the deals, FERC rules about affiliate transactions cannot be bypassed (or politically influenced).

FERC rescinded previously granted waivers to allow AEP & FE to engage in affiliate transactions without review.  The waivers were granted when the companies spun off their regulated generators into merchant companies because the generation companies no longer had captive customers.  In that case, any deals between regulated distribution affiliates and unregulated generation affiliates would have been subject to market forces.  If the deals were too expensive, then customers could bypass the charges and switch to another, cheaper, generator.  But AEP & FE made the mistake of placing the cost burden of these PPAs on captive distribution customers, and not free choice generation customers.  Because then the customers would choose a cheaper generator.

Contrary to some of the articles I've read, the FERC decision does not reverse the PUCO's decision to allow the cost of the PPAs to become the responsibility of captive distribution customers.  It simply rescinds its prior waiver of review of the PPA itself.  The companies are now free to submit the PPAs to FERC for review.  If FERC approves them, then everything can proceed as planned.  However, it is unlikely that FERC will approve the PPAs because they allow AEP & FE to charge their captive customers to subsidize their shareholders profits.

So, what's a greedy and poorly managed utility to do?  FE initially wanted to pretend that its PPA will be found just and reasonable by FERC.  How much money and political influence would THAT require?  Remember, the cost of civic and political activities is the financial responsibility of shareholders, not ratepayers.  The cost of buying FERC is likely to obviate any temporary profits that may come from an 8-year PPA.  They're not a cheap date like state utility commissions.  However the company has apparently crunched the numbers and come to its senses.  FE is now attempting to bypass FERC review by doing away with the PPA, while still collecting the charge it would levy on Ohio consumers.  AEP is being a little more realistic, if not downright arrogant.  AEP's CEO soothed investor agitation by claiming it will make the Ohio legislature re-regulate generation so that it may collect the cost of service, plus a return, for its Ohio generators.  This would effectively end retail generation choice in Ohio.  Is legislation that will cost Ohio electric ratepayers more money really that easy for AEP that it simply needs to want it and wave its magic wand?  Time will tell.

Meanwhile, FirstEnergy wants to make its regulated Mon Power and Potomac Edison affiliates in West Virginia purchase another non-competitive generator from its competitive generation affiliate.  It's just like re-regulating generation in Ohio, but the legislative work is already done.  And FirstEnergy has already successfully pulled off a similar affiliate transaction a couple years ago when its competitive generation affiliate "sold" the Harrison Power Station to regulated Mon Power and Potomac Edison.  West Virginia electric consumers have already bailed out one of FirstEnergy's uncompetitive generators, what's one more?  This time, FE wants to "sell" its Pleasants Power Station to Mon Power and Potomac Edison.  But Mon Power already owned an 8% share of Pleasants, which it "sold" to FE Generation as part of the Harrison deal.  Now FE Generation wants to sell the same power station back to Mon Power.  Pleasants is like the FE hot potato, bought and sold among affiliates as necessary to generate cash.  The only fly in the ointment this time is that FE put a price on Pleasants when it "sold" it last time.  I'm sure the cost to Mon Power can't be more than what FE Generation paid them for the plant a couple years ago.  It's not like the price of antique coal generation stations has shot up in the past few years.  But, never fear, I'm sure FE can pay the right people to convince the WV PSC that the plant is as valuable as the amount of cash FE needs to raise from its sale.

And don't forget... all this stashing of competitive generators into regulated companies is only temporary.  If power prices recover and these generators once again become competitive, AEP & FE will find a way to "sell" these plants back to their competitive generation companies.  It's all about shareholder return and making as much money as possible.... and ratepayers are the source of investor owned utility profits.  The idea that regulation protects consumers in the absence of competition is nothing more than a fig leaf.  Utilities that operate in both a competitive and regulated environment will continue to shift assets around to generate the most profit for their shareholders.
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    About the Author

    Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
    In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history.

    About
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


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