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Regulatory Involvement and Regulatory Involvement and Facilitation of Competition By: Richard Moore, Chief of Staff to Chairman Clayton & Natelle Dietrich Director of Utility Operations Natelle Dietrich, Director of Utility Operations Missouri Public Service Commission P.O. Box 360 J ff Cit MO 65102 Jefferson City, MO 65102 [email protected] [email protected] www.psc.mo.gov 1 June 2010
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Page 1: Regulatory Involvement andRegulatory Involvement and ...

Regulatory Involvement andRegulatory Involvement and Facilitation of Competition

By: Richard Moore, Chief of Staff to Chairman Clayton &

Natelle Dietrich Director of Utility OperationsNatelle Dietrich, Director of Utility Operations

Missouri Public Service CommissionP.O. Box 360

J ff Cit MO 65102Jefferson City, MO [email protected]@psc.mo.gov

www.psc.mo.gov

1June 2010

Page 2: Regulatory Involvement andRegulatory Involvement and ...

Energy Regulation: F d l R ibilitiFederal Responsibilities

Federal Energy Regulatory Commission (FERC):

• regulates the interstate transmission of electricityy

• licenses hydropower projects

2

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Regulatory Structure –T thi t R bTwo things to Remember

1. Electric Utilities are regulated at both State and Federal Levels: FERC regulates wholesale sales and interstate transmission services; States regulate everything else.

2. Two regulatory models exist: “Organized Markets” and “Vertical Integration”

3

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Changes Brought by Industry RestructuringIndustry Restructuring

44

Source: ISO-NE

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St t d F d l J i di tiState and Federal JurisdictionAuthority Generation Transmission Distribution Retail Customer y

Interface

Federal Wholesale salesAncillary

services

Rates, terms, conditions for wholesale and

b dl d t il

Not applicable Not applicable

Merger authority

No authority over facilities

unbundled retail interstate transmission

Transmission reliability rulesreliability rules

Siting in national interest corridors (1 year after filing)

State - Rate-based Rates terms Retail rates BillingState -traditionally regulated

Rate based facilities

Adequacy of generation

Reserve

Rates, terms, conditions of bundled retail transmission or purely intrastate

Retail ratesTermsConditionsService qualityOutage mgmt

BillingCollectionDisconnection

policyMetering

55NARUC New Commissioners Training – Electricity Issues

March 11, 2008

Reserve margins

Siting

transmission Siting

Outage mgmt.Outage indicesPortfolio

standards

MeteringDemand-side

management.21

Source: NRRI, Electric Tutorial, 2006.

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State and Federal Jurisdiction continuedJurisdiction continued

Authority Generation Transmission Distribution Retail Customer Interface

State -restructured

Siting SitingUnless purely

Same authority as

Same authority as traditionally p y

intrastate, all transmission is unbundled, and so is under FERC authority

traditionally regulated states, plus:

Standard offer service

regulated states

offer service ( provider of last resort)

Regional Transmission

Not applicable Operational authority over transmission in a regionM i t f h t t li bilitTransmission

Organizations (Authority only over transmission

Maintenance of short term reliabilityAdministration of own tariff and pricing systemManagement of congestionPlan and coordinate transmission upgrades and additions

66NARUC New Commissioners Training – Electricity Issues

March 11, 2008 22

– delegated from FERC)

Market monitoringOperate computerized site for sharing available capacityContract for a supplier of last resort for ancillary services Address parallel path flow issues

Source: NRRI, Electric Tutorial, 2006.

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St t f R t il C titiStatus of Retail Competition

I th U S thIn the U.S., there was considerable interest in competition during the late 1990s. A combination of

t h thevents such as the “meltdown” in California and the perception by consumers that the b fit f t il h ibenefits of retail choice are small seemed to have limited the interest in retail competition among th t t th t h ’tthose states that haven’t already enacted retail competition

7

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RTOs in the United StatesRTOs in the United States

8Resource: FERC Map, Updated August, 2009

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U.S. Electric Power Industry Net Generation (J 2010)(January 2010)

9Source: U.S. Energy Information Administration Independent Statistics and Analysis. Electric Power Monthly. April 2010 Edition. www.eia.doe.gov/cneaf/electricity/epm/epm_sum.html

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State Regulatory AuthorityAuthority

State public service commissionsRetail rates

I t diti l t t i t tIn traditional states: revenue requirement, cost allocation, and rate design for each customer class

In restructured states: provider of last resort or standard offer service rates for non-choice

tcustomers

1010

Source: NRRI, Development & Evolution of Electric Deregulation, March 2008

Page 11: Regulatory Involvement andRegulatory Involvement and ...

Average Retail Price of El t i it 2008Electricity – 2008

11Source: U.S. Energy Information Administration Independent Statistics and Analysis. Average Industrial Price of Electricity by State. www.eia.doe.gov/cneaf/electricity/epa/fig7p7.html

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Average Change in Retail Price f El t i it of Electricity

1212Source: EIA, Electric Power Monthly, February 2009

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Renewable Portfolio Standards b St tby State

MN: 25% by 2025ME: 30% by 200010% by 2017 - new RE

VT: (1) RE meets any increase in retail sales by 2012;

WI: requirement varies by utility; 10% by 2015 goal

(Xcel: 30% by 2020)y

MT: 15% by 2015

retail sales by 2012;(2) 20% RE & CHP by 2017

☼ NH: 23.8% in 2025

OR: 25% by 2025 (large utilities)5% 10% b 2025 ( ll tiliti )

ND: 10% by 2015☼ MA: 15% by 2020

+ 1% annual increase(Class I Renewables)

*WA: 15% by 2020

CT: 23% by 2020IA: 105 MW

☼ *NV: 20% by 2015

RI: 16% by 2020

☼ NY: 24% by 2013

5% - 10% by 2025 (smaller utilities)

SD: 10% by 2015

*UT: 20% by 2025

☼ OH: 25%** by 2025

*MI: 10% + 1,100 MW by 2015

☼ PA: 18%** by 2020

☼ NJ: 22.5% by 2021

☼ AZ: 15% by 2025

CA: 20% by 2010 ☼ CO: 20% by 2020 (IOUs)*10% by 2020 (co-ops & large munis)

IL: 25% by 2025

☼ MD: 20% by 2022

☼ *DE: 20% by 2019☼ NC: 12.5% by 2021 (IOUs)

10% by 2018 (co-ops & munis)

☼ MO: 15% by 2021

Source:

TX: 5,880 MW by 2015

☼ AZ: 15% by 2025

HI: 20% by 2020

☼ DC: 20% by 2020

*VA: 12% by 2022

☼ DE: 20% by 2019

☼ NM: 20% by 2020 (IOUs)10% by 2020 (co-ops)

www.dsireusa.org, March 2009

1313

TX: 5,880 MW by 2015HI: 20% by 2020

Solar hot water eligible☼ Minimum solar or customer-sited RE requirement* Increased credit for solar or customer-sited RE** Incl. separate tier of non-renewable “alternative” energy resources

State Goal – 5 states

State RPS – 28 states

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Basis and Goals of Competition*Basis and Goals of Competition (*Adapted from Pierce Atwood law firm presentation)

System where market forces make economic decisions, instead of regulators or central planners

• Attract Private Investment• Increase Economic Efficiency• Improve Service & ReliabilityImprove Service & Reliability• Lower Prices

P t C t Ch i14

• Promote Customer Choice

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Expectations of Strategic Investors*Strategic Investors

(*Adapted from Pierce Atwood law firm presentation)

• Commercial Infrastructure (economic, regulatory, financial, legal)

• Predictable Rules• Open & Transparent Decision-Making by Regulator

(independence, public participation, objective, written decisions appeal process)decisions, appeal process)

• Non-Discrimination (Liability, Taxes, Profit Repatriation)• Absence of Corruption or other Market Distortions• Free Capital Flows• Rules of Law/Justice System• Adequate and Predictable Risk Management

15

• Adequate and Predictable Risk Management

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Regulatory Competencies*Regulatory Competencies (*Adapted from Pierce Atwood law firm presentation)

Competition changes nature of regulation, but does not eliminate need for regulation• Traditional structure (monopoly) emphasizes price• Traditional structure (monopoly) emphasizes price

setting, rate design, engineering, resource planning• Competition focuses on market oversight, levelCompetition focuses on market oversight, level

playing field, market power, information• Coordination among national regulators and/or

anti-monopoly offices critical to avoid anti-competitive behavior

16

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Benefits of Cross-border & International Trade*& International Trade

(*Adapted from Pierce Atwood law firm presentation)

• Improved efficiencies

F l di i• Fuel diversity

N i id t k• Non-coincident peaks

• Greater system stability• Greater system stability

17

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Electricity – Implementation of E P li A d EEnergy Policy Act and Energy Independence and Security Act

Four big sets of issuesReliabilityyInfrastructure/Smart GridT i i A /Wh l lTransmission Access/Wholesale Competition

18Energy Efficiency

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I f t tInfrastructure

Transmission SitingEnergy Policy Act – Backstop Siting AuthorityDepartment of Energy Congestion Study and NationalDepartment of Energy Congestion Study and National Interest Corridor DesignationFERC Backstop AuthorityPending Legislation

Transmission Investment IncentivesTransmission Investment IncentivesEnergy Policy Act – Transmission Investment IncentivesFERC Rulemaking on Pricing Incentives

19

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P bli Utiliti R l t P li i A tPublic Utilities Regulatory Policies Act

Energy Policy Act and Energy Independence Security ActEnergy Policy Act -- State implementation of 5 new standards:

1 N i1. Net metering2. Fuel Diversity3. Generation Efficiency3. Generation Efficiency4. Smart Metering5. Interconnection

20

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Public Utilities Regulatory Policies Act ( ti d)(continued)

Energy Independence and Security Act – State Implementation of 3 new standards, plus 1

1. Integrated Resource Planning2. Rate Design – “Decoupling”3. Smart Grid

PLUS1. Combined Heat and Power Incentives

21

Page 22: Regulatory Involvement andRegulatory Involvement and ...

FERC O d 888 d 890FERC Orders 888 and 890

I l i f i i liImplementation of open access transmission policy to support development of competitive wholesale power marketsp

Non-discriminatory access principle is critical

National Association of Regulatory Utility Commissioners supported OrderCommissioners supported Order

Order 890 issued in 2007 to update Order 888

22

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U b dliUnbundling

P li i l d b S l i l dPolicy implemented by State legislatures and commissions to disaggregate generation from deliveryy

Two Models – “Functional” unbundling (G and T are separate but under common ownership); andare separate but under common ownership); and “Structural” unbundling (G and T placed in separate corporations)

Creation of affiliate interest issues – precursor of more systematic market monitoring

23

more systematic market monitoring

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Thi d P t AThird Party Access

I l i f i i l f di i i iImplementation of principle of non-discrimination

Public Utilities Regulatory Policies Act initiativePublic Utilities Regulatory Policies Act initiative followed by Energy Policy Act 1992

State role on interconnection; net metering

24

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G l f P i ti tiGoals of Privatization

I P d i bj i f i i iI. Process – determines objectives of privatizationII. Procedures – IPO, Tender, Combination of shareholders

and financial investorsIII. Goals

Economic ProfitMaximize income to state from disposal of companies, p p ,typically IPO or price tender, regulatory policies metSocial Benefits & IssuesImprovement in security and quality of supplyImprovement in security and quality of supply, enhancement of competition, may often lead to price increases for households in developing countries

25

Page 26: Regulatory Involvement andRegulatory Involvement and ...

Any Questions?

By: Richard Moore, Chief of Staff to Chairman Clayton &

Natelle Dietrich, Director of Utility Operationsy p

Missouri Public Service CommissionP.O. Box 360

Jefferson City MO 65102Jefferson City, MO [email protected]@psc.mo.gov

www.psc.mo.gov

26June 2010


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