Protecting Vulnerable Consumers and Promoting Marketplace Justice NATIONAL CONSUMER LAW CENTER INC ...

Protecting Vulnerable Consumers and Promoting Marketplace Justice

NATIONALCONSUMER LAW

CENTER INC

19th Annual National Low Income Energy Conference

Energy Advocacy and Intervention:

Basic SkillsJune 14, 2005 - Phoenix, AZ



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Energy Advocacy: Why Community Groups?

• Energy policy effects all aspects of life, especially for low-income

• Decisions effecting low-income often left to business and utilities or neglected altogether

• Community Action Agencies and other community-based organizations are uniquely situated to contribute to energy policy debates in a meaningful way



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Community Groups’ Unique Advocacy Perspective

• Contact with low-income populations

• Delivery of programs

• Often politically connected and involved

• Ability to bring both policy analysis and actual human experience to the debate



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Common Community Organization Misperceptions

• Intervening before the regulatory commission is for utilities and expert lawyers only

• I can’t win in that forum

• My organization is better off focusing on what we do best: program delivery



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State Level Advocacy Opportunities: Regulated Utilities

• Low-Income Energy Programs– Energy Efficiency– Payment Assistance

• Regulatory Consumer Protections– Termination and Restoration of Service– Payment Plan Requirements– Deposit and Late Payment Fee Requirements– Dispute Resolution



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State Level Advocacy Opportunities: Regulated Utilities

• Prices– Rate Cases– Fuel Charges, Cost of Gas Adjustments– Power of Gas Purchase for Captive

Customers

• Resource Planning/Procurement; Portfolio Management



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Public Utility Commission Proceedings

• Adjudicatory– Rate Cases, Fuel Charges, Cost of Gas Adjustments

• Rulemaking– Adoption of New or Revised Regulations

• Individual consumer– billing disputes

• Generic proceedings– Policies and Practice



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How to Join the Debate

• First: Decide What You Want

• Plan How to Get What You Want

• Begin to Develop the Materials Needed to Engage in the Debate

• Begin Working with Others



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How to Join the Debate – Regulatory Informational Basics

• Rules of Practice

• Key Players

• Schedule of Docketed Cases



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How to Join the Debate – Obtaining Basic Information

Obtain information about your state commission, open cases, and utility companies that are regulated by the commission

State Regulatory Commission Website– National Association of Regulatory Utility

Commissions• http://www.naruc.org/resources/state.shtml



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How to Join the Debate• Meet and Greet

– Identify key regulatory officials– Schedule meetings to get to know key players– Convey concerns about low-income energy security

and indicate interest in working with officials to address these concerns

– Get to know regulatory staff; they can be indispensable resources



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• Materials– Create a unique state low-income energy plan

and affordability analysis– Plan components may be used to produce

• legislative and regulatory testimony• media materials• community organizing materials



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How to Join the Debate• Components of Low Income Energy Plan and

Analysis– Population, poverty, self-sufficiency (Census Bureau)– Energy costs, expenditures and burdens (Energy

Information Administration)– Terminations and Disconnections (PUC, if available)



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• Components of Low Income Energy Plan and Analysis– Existing Energy Programs and Resources

• Federal• State/Utility• Fuel Funds/Voluntary Contributions

– Existing Regulatory Consumer Protections



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• Components of Low Income Energy Plan and Analysis– What is Needed to Address Threats to Low-

Income Energy Security• Model Program Designs (NCLC, LIHEAP

Clearinghouse)• Model Consumer Protections (NCLC)



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Joining the Debate

• Pro-active Approach– Draft a petition and file with your regulatory

commission– Recruit one or more Commissioners to open a

proceeding that will address your concerns



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Joining the Debate

• Let the Debate Come to You– Get on the Utility Commission Service List to

find out about new cases as they are filed– File a petition to participate in a case as a full

intervener or “interested party”– Participate in public hearings; involve clients



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What You Need to be in Those Cases

– Time– Money– Legal– Experts



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Time– Be cautious of jumping in the water if you

can’t swim!– Can take a year (or longer!) from start to

finish.– Actual hours: probably 100 to 200 hours (can

be lower or higher)



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Money

– Let’s be real: our side usually doesn’t have much.– Bare minimum: copying/postage - can be hundreds of

dollars.– Plan long-term, think about funding for experts and

lawyers well in advance.– Possible Sources:

• Grants, Foundations• LIHEAP, WAP Leveraging Funds



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Legal– Make legal services your ally.– Meet/work with AG/Consumer Advocate/other

intervenors.– Pool resources with other groups



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Experts– Make allies in academia, the AG’s office, etc.– Think of non-traditional experts: staff at

energy assistance programs, state agencies.– Think long-term - grants, foundation support,

etc.



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The PUC is NOT the only game in town

– Get legislators to file your proposals/ideas as bills.

– Get the Governor or state agencies on your side.

– Use the press.– Look for allies in strange places: Small

businesses? Companies that deliver energy efficiency products/services?



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The Utility as your friend?– Many low income discounts came out of

utilities (with a small nudge from us)– Many utilities will get on board with energy

efficiency programs.– Learn to see where utility interests overlap

your own– Find special allies within utility companies



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Thinking strategically– What is you highest priority (discounts; energy

efficiency programs; etc.)– How can you find funding to support your priority?– How can you get help: from other states, non-profits,

etc?– What are the strengths/weaknesses of your agency &

other players?– Who will be on team (lawyers/experts).



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What types of proceedings happen at a PUC?

– Adjudicatory– Rulemaking– Generic proceedings (can cross “adjudicatory”

& “rulemaking” lines) – Individual consumer (e.g., billing disputes)



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Adjudicatory proceedings– Parties have more formal rights: discovery,

evidence, cross-exam, briefs.– Parties have more formal responsibilities: file

testimony, conduct discovery,– attend hearings, write briefs.– Formal decisions/right to appeal– Can be most expensive and burdensome (but

not always)



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Rulemaking proceedings– Can be most effective way to raise low-

income issues– In many states, can be started by petition of

consumers.– Can be less expensive and time-consuming.– Easier to draw in supporters: public hearings

open to all.



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Generic Proceedings

• Generally less formal than adjudicatory proceedings

• May be initiated by consumers’ petition in many states

• Scope can span broad policy areas

• Great organizing opportunity



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Individual consumer cases– Often far less time consuming and

burdensome.– Can be helpful in organizing: often lead to

obvious wins.– Can set useful precedents: e.g., on payment

plan terms.– However, may have very limited (even if

good) impact.



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Doing your homework– Find out what type of proceeding it is– Find out the standard of review– Review PUC’s general/procedural regulations

and specific regulations that apply to your case.

– Review prior relevant decisions.– Get a mentor: AG, Consumer Advocate, legal

services, NCLC, etc.



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Focus, focus, focus– Identify your issues early on.– Use discovery to gather info on your issues.– Avoid taking on “interesting” but extraneous

issues.– Prepare thoroughly for cross exam/public

hearings/etc.– Less can be more!



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Some big picture suggestions– Cultivate your commission. Get at least 1

commissioner who you speak to frequently.– Build your grassroots.– Tell your clients’ stories wherever you can.– Find press allies.– Cultivate funding.

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