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November 16, 2024

ISO-NE Files Capacity Auction Results; Comments due April 13

ISO-NE filed the results of its ninth Forward Capacity Auction with the Federal Energy Regulatory Commission on Friday, starting the clock on a 45-day comment period (ER15-1137).

The RTO said 34,695 MW of capacity was acquired region-wide in the Feb. 2 auction, including more than 1,400 MW of new resources needed to help replace generators that have recently retired or will retire in the next few years. The total cost for the 2018-2019 commitment period is about $4 billion, up more than one-third from the $3 billion for the 2017-2018 commitment period. (See Prices up One-Third in ISO-NE Capacity Auction.)

The RTO cleared at $9.55/kW-month outside of the Southeastern Massachusetts/Rhode Island (SEMA/RI) zone, where a shortage of resources triggered administrative pricing rules that resulted in a price of $17.73/kW-month for new resources and $11.08/kW-month for existing resources.

ISO-NE’s capacity auction results are subject to commission review under the just and reasonable standard, the result of a 2006 settlement to address stakeholder concerns over New England’s market design. Objections to the auction results must be filed with FERC by April 13.

The results of FCA 8 became effective as an “operation of law” in September when the commission — then short one member — deadlocked 2-2 over whether to reject the results due to unchecked market power. (See FERC Commissioners at Odds over ISO-NE Capacity Auction).

Virginia Governor Signs Dominion Rate Freeze Bill

By Michael Brooks and Rich Heidorn Jr.

Virginia Gov. Terry McAuliffe signed a controversial bill last week that suspends the State Corporation Commission’s reviews of Dominion Virginia Power’s base rates for the next seven years, allowing the company to collect potentially hundreds of millions in excess profits.

The bill (SB1349) was introduced by Sen. Frank Wagner (R-Virginia Beach), who has acknowledged that Dominion helped him write it. The bill freezes the utility’s base rates for five years and prevents the SCC from conducting its biennial reviews until 2022. Dominion, however, would still be able to request increases for fuel and infrastructure costs.

The freeze locks Dominion’s base rates at a level that the commission concluded in November 2013 was resulting in $280 million a year in excess profits.

“This bill is the result of strong collaboration among bipartisan legislative leaders and General Assembly members along with business, consumer, community and environmental groups,” Dominion said in a statement. “As a result, Dominion Virginia Power customers will see a rate cut and long-term rate stability.”

The “rate cut” is a reference to an early reduction in Dominion’s fuel cost surcharge. Bills for typical residential customers will drop by 5.5% in April rather than July, as previously scheduled. Commercial customers will see bills drop about 7% and industrials will save 10%.

The bill passed both houses of the General Assembly last month with bipartisan support, with the Senate voting 32-6 and the House of Delegates voting 72-24. (See Bill Halting Dominion Rate Reviews Passes Va. Legislature.)

Legislative Sway

dominionThe lopsided votes were typical of the treatment Dominion receives in the Virginia legislature.

During the 2015 legislative session, Dominion helped defeat a cap-and-trade proposal, legislation that would have prevented the utility from erecting power lines in parts of Haymarket, Va., and a bill that would have limited Dominion’s ability to conduct surveys on property owners’ land for its proposed Atlantic Coast Pipeline, according to the Associated Press.

In addition to the rate freeze, Dominion also won continuation of a coal-related tax credit.

“Nobody does it better,” Democrat state Sen. Adam Ebbin told the AP. “Unfortunately consumers don’t have full-time, highly paid lobbyists.”

Political Contributions

Dominion is perennially a top campaign contributor in Virginia, which has no limits on the size of donations.

In 2014-15, according to the Virginia Public Access Project, Dominion contributed $744,540 — more than any other donor aside from party and candidate campaign committees. The company’s contributions were more than double that of the second-ranked Virginia Bankers Association. (See chart).

Dominion’s political donations are almost evenly split between Republicans and Democrats, with the largest contributions going to statewide candidates and legislative leaders. McAuliffe campaign committees have received $160,000 from Dominion since 2013.

Wagner’s campaigns have collected more than $38,000 from the utility since 2000.

Dominion also courts allies through its charitable arm, the Dominion Foundation, which gives away about $15 million annually. Three groups that testified in favor of the bill — Senior Connections, the American Red Cross and the Better Housing Coalition — each received donations from the foundation in 2013, the Richmond Times-Dispatch reported.

“No single company even comes close to Dominion in terms of its wide-ranging influence and impact on Virginia politics and government,” University of Virginia political analyst Larry Sabato told the Times-Dispatch.

‘Concessions’ for McAuliffe

dominionMcAuliffe (D) said that he negotiated directly with Dominion Resources CEO Thomas Farrell II, at the latter’s request, while the bill was being debated in the General Assembly. McAuliffe asked the company to accept several proposed amendments as a condition for his support, the governor told reporters at the state Capitol on Wednesday, the day after he signed the bill.

“When this bill was introduced, I expressed concerns about several of its provisions,” McAuliffe said in a statement. “However, after working with the General Assembly to make several key changes, I have concluded that this legislation represents a net positive benefit to Virginians and to our economy.”

Those changes include encouraging the utilities to invest in up to 500 MW of solar generation and requiring them to implement energy-assistance programs for low-income, elderly and disabled ratepayers. The solar project was already planned, but the announcement was accelerated to win environmentalists’ support, the Times-Dispatch reported.

Rate ‘Certainty’

Wagner said the purpose of the bill was to provide stability while the U.S. Environmental Protection Agency’s proposed rule on carbon emissions from existing power plants is being finalized. In a statement, Wagner praised McAuliffe for signing “a clear and unmistakable, bipartisan call for electric rate certainty during this time of regulatory turmoil.”

Virginia would be forced to reduce its emissions by 38% under the proposed EPA rule. Dominion, which has said it could have to close coal-fired power plants worth up to $2.1 billion as a result, agreed to cover the cost if the plants close before 2020.

While base rates are frozen, the suspension of biennial reviews means customers won’t get refunds if the company’s profits exceed what was approved by the SCC. Normally, the commission can reduce base rates if profits are judged too high for two consecutive reviews.

Dominion paid $78.3 million in refunds after its 2011 review. The SCC also reduced the company’s return on equity to 10.9%, down from 12.5% (PUE-2011-00027).

In 2013, the commission found that Dominion’s annual revenues were $5.15 billion, $280 million more than the $4.87 billion needed to recover its cost of service and earn a fair return. The SCC reduced the company’s ROE further to 10% but did not order refunds (PUE-2013-00020).

The rate freeze bill signed last week also requires all electric utilities in the state to file their integrated resource plans annually. Previously, utilities were required to file them every two years.

It was amended to apply to American Electric Power subsidiary Appalachian Power as well, though its review suspension period begins and ends earlier.

The bill starts Dominion’s suspension period on Jan. 1, so the SCC can conduct its rate review of the utility for the past two years. Originally, the suspension would have begun in 2013 and lasted until 2023.

Because of the freeze, SCC spokesman Kenneth Schrad said, the commission won’t be able to adjust base rates regardless of what the review finds, although there could be a partial refund of any over-earnings.

However, he noted that while the 2011/12 review suggested that base rates might be higher than necessary,  the 2014 General Assembly passed legislation allowing the company to recover an estimated $600 million in expenses it incurred exploring the possibility of a third nuclear unit at North Anna.

“Allowing that recovery to be included in the coming biennial review more than likely ensures that the company’s earning fall within the authorized range,” he said.

New England States Combine on Clean Energy Procurement

By William Opalka

clean energy
Malloy

Three New England states are combining their buying power to purchase clean energy resources and transmission to deliver it.

Connecticut, Massachusetts and Rhode Island on Wednesday released a draft request for proposals (RFP), starting a 30-day comment period. The states will issue the final RFP, which will seek power purchase agreements totaling more than 2,300 GWh of renewable energy per year, this spring.

“The joint procurement process opens the possibility of procuring large-scale projects and transmission to deliver clean energy on a scale that no single state could secure on its own,” Connecticut Gov. Dannel Malloy said in a statement.

The RFP will seek bids on new Class I renewable energy projects of at least 20 MW and large-scale hydro power projects that were constructed after Jan. 1, 2003. Class I includes wind, solar, small hydro, biomass and fuel cells.

The draft RFP seeks power that can be delivered with and without transmission upgrades.

Bids received will be evaluated by the combination of host utilities, state energy and environmental departments, and other officials. ISO‐NE will be asked to provide high-level advisory information.

Under their state laws, Connecticut is seeking 1,500 GWh per year of qualified energy and Massachusetts 817 GWh. Rhode Island has no specific quantity.

“This solicitation is broader in scope and geography than those state‐specific legal requirements and therefore, certain aspects of this RFP may require legislative and/or regulatory action in order to ensure cost recovery for certain types of proposals,” the document states.

The New England States Committee on Electricity, which includes all six states, is not directly involved in this process. The proposal notes NESCOE staff helped draft the RFP but will not select potential projects. NESCOE is pursuing natural gas infrastructure projects to provide that resource to its members.

Federal Briefs

yuccaThree Republicans, including the chairman of the House Energy and Commerce Committee, say they are concerned that federal agencies are making plans to use the Yucca Mountain site for something other than a nuclear waste repository.

Reps. Fred Upton of Michigan, John Shimkus of Illinois and Tim Murphy of Pennsylvania — all proponents of the waste site plan — told Energy Secretary Ernest Moniz that they heard the Department of Energy and the Defense Threat Reduction Agency (DTRA) have “discussed the possibility of conducting activities at or near the Yucca Mountain site that are not related to the statutorily required uses for the site.”

The agency denies it is looking at the site for testing activity. “The Defense Threat Reduction Agency has never used the Yucca Mountain site for any testing activity, and we have no plans to do so in the future,” a spokesman said. The department declined comment.

More: Energy & Commerce Committee

Opponents to PennEast Pipeline Want FERC to Grant More Speaking Time

PennEastA Federal Energy Regulatory Commission public scoping meeting in New Jersey on the proposed $1.2 billion PennEast natural gas pipeline ended at 11 p.m. with 22 people still waiting to speak, spurring a call on FERC to extend the public comment period.

“People stayed for five hours,” Hopewell Township Committeeman Kevin Kuchinski said at the meeting in Ewing, N.J. “They want to be heard.”

A FERC spokeswoman said the hearing was concluded because of time limits on the rented venue, and that the public could submit written comments. The proposed 104-mile pipeline, which would transport gas from Pennsylvania’s Marcellus Shale region to a pipeline interconnection in New Jersey, has drawn opposition on both sides of the Delaware River.

More: NJ.com

Vermont Joins Petition to Ask NRC to Examine Vermont Yankee Finances

vermont yankeeVermont is the latest entity to join a petition before the Nuclear Regulatory Commission to investigate the finances of the Entergy unit overseeing the decommissioning of the Vermont Yankee reactor.

“While Vermont Yankee recently disconnected from the electric grid, there are a number of immediate and long-term activities that will occur at the plant that could affect the safety of Vermonters,” Vermont’s motion to join the petition reads. Entergy has asked the NRC for permission to reduce emergency plans for the site and indicated that money to fund decommissioning activities is limited.

The attorneys general of Massachusetts and New York have filed similar petitions. The plant was shut down in December.

More: MassLive

NRC Inspecting Damage to Summer Unit 2 Containment Caused by Workers

The Nuclear Regulatory Commission sent inspectors to SCANA’s under-construction Summer Unit 2 in South Carolina after workers accidentally damaged the reactor containment vessel bottom head last month.

Workers from Chicago Bridge & Iron were cutting reinforcement bar when they accidentally cut into the containment vessel itself. The actual damage appears to have been “minor,” but the NRC said it wanted to make sure it understands its potential impact and “the apparent breakdown in controls that might have prevented it.”

SCANA says that Unit 2 will be completed in the first half of 2019, with Unit 3 following a year later.

More: PowerMag

Petition Calls for Security Upgrades at Entergy’s Pilgrim Nuclear Plant

PilgrimSourceNRCTwo watchdog groups are petitioning the Nuclear Regulatory Commission to modify or suspend the operating license of Entergy’s Pilgrim nuclear generating station near Plymouth, Mass., until the plant’s security is upgraded.

Pilgrim Watch and Cape Downwinders cited recent warnings about possible terrorist activity and noted the plant experienced 10 trespassing incidents in the past three years. They also noted the station’s dry cask spent fuel storage is only about 175 feet from Cape Cod Bay. “Granted, the probability of attack is very small, but the consequences are very large,” said Mary Lampert, director of Pilgrim Watch.

Entergy spokeswoman Lauren Burm said the company recently upgraded its signage to warn beachgoers they are subject to arrest if they stray onto the plant’s property. “Entergy takes the security of our power plants and the safety of our employees and the communities in which we operate very seriously,” she said.

More: Patriot Ledger

Compiled by Ted Caddell

Niagara Mohawk, Public Systems Reach ROE Settlement

By William Opalka

niagara mohawk

Niagara Mohawk Power has agreed to reduce its return on equity in a settlement with groups representing public power and municipal utilities.

If accepted by the Federal Energy Regulatory Commission, the settlement would reduce the ROE in Niagara Mohawk’s transmission service charge to 10.03% from the current 11.5%. The new rate would be backdated to Nov. 2, 2012, resulting in a refund of $3.16 million.

The Municipal Electric Utilities Association of New York, the New York Association of Public Power and Niagara Mohawk, a unit of National Grid, filed the settlement with FERC last week.

The settlement arose from complaints filed by the associations against the transmission owner and NYISO claiming that the current rate was too high (EL12-101, EL13-16 and EL14-29). FERC consolidated the cases and an administrative law judge facilitated negotiations.

The case began in September 2012, when the public power association filed complaints to reduce the current 11.5% ROE to 9.49%, including a 50-basis-point adder for participation in NYISO. The municipal utilities filed a similar complaint two months later seeking to reduce ROE to 9.25%, also including the participation adder. Last year, the public power group filed another complaint seeking a further reduction from its original complaint to 9.36%, citing the fall in interest rates.

The groups gained leverage in the negotiations last June, when FERC ordered a new ROE formula and tentatively set the “zone of reasonableness” at 7.03% to 11.74%. (See Report: PSEG, AEP, FE at Risk under New Returns on Equity Rates.)

Impatient FERC Hints at Action on PJM-MISO Seams Disputes

By Chris O’Malley

The Federal Energy Regulatory Commission last week increased its pressure on PJM and MISO to resolve their longstanding boundary disputes, saying it was considering taking action “to improve the efficiency of operations” at the RTOs’ seam.

Despite 12 years of joint meetings that have resolved some issues, the two RTOs remain locked in a standoff over issues such as interface pricing, which MISO Market Monitor David Patton says is costing consumers millions.

At a presentation during FERC’s Jan. 22 meeting, Patton asked the agency to help resolve the disputes.

On Tuesday, FERC ordered the RTOs and their market monitors to answer questions on eight unresolved issues by April 10 (AD14-3). The commission indicated it is considering its own solutions to at least two of the issues.

FERC Solutions?

On the issue of capacity deliverability, the commission told the RTOs to identify “any reliability problems associated with modeling capacity in each RTO as a single product across the two markets.”

FERC also required the RTOs to report on what they “would need to do to implement day-ahead market coordination.”

At Thursday’s Board of Directors meeting, MISO Director Michael Curran said he was surprised by FERC’s action. “Are we moving into a phase where if we don’t fix it, [FERC will] fix it for us?” he asked .

The commission ordered the RTOs to report on proposed solutions, obstacles to solutions, and a timeline for overcoming them and making filings at the commission on the issues of:

  • Interface pricing
  • Capacity deliverability
  • Day-ahead market coordination
  • Firm-flow entitlement freeze date
  • Use of commercial flow in the market-to-market process
  • Modeling of the Ontario/Michigan phase angle regulators for congestion management

Room for Improvement

The commission noted the RTOs’ progress in areas such as RTO-to-RTO data exchanges and financial transmission rights market coordination. It also acknowledged that the RTOs are moving to improve interchange optimization through coordinated transaction scheduling. (See related story, PJM MRC/MC Briefs.)

In December, the commission ordered a technical conference on Northern Indiana Public Service Co.’s complaint over the interregional transmission planning provisions in the RTOs’ joint operating agreement (EL13-88). NIPSCO, a MISO member that is flanked by PJM in eastern Indiana and Illinois to its west, complained that the MISO-PJM seam is highly congested and that the RTOs have not approved a single cross-border transmission upgrade project under the JOA.

The commission also said the RTOs have completed a coordinated study on deliverability despite their differing modeling approaches. The study concluded that “more than 96% of MISO and PJM units are jointly deliverable to the aggregate MISO and PJM load footprint and [that] the total transmission capability between the two systems is quite significant.”

The RTOs found that the transmission capacity in the MISO-to-PJM direction is fully subscribed, while capability in the PJM-to-MISO direction is “minimally utilized for capacity.”

“Therefore, there could be benefit in the PJM-to-MISO direction, even in the near-term,” the commission said.

FERC ordered the RTOs and their market monitors to respond to the commission’s questions within 45 days with reply comments from stakeholders due April 27.

Interface Pricing

PJM and MISO have been working for two years to resolve differences in the way they price transactions at interface buses. Patton told FERC in January that transactions are overcompensated when expected to relieve a constraint and overcharged when expected to contribute to congestion. (See Patton Asks FERC to Set Deadline on PJM-MISO Interface Pricing Dispute.)

The RTOs agree that current methods are inaccurate because they both model the same constraints, resulting in double-counting. But they have been unable to agree on a solution.

Bowring told the commission that there will continue to be issues between the RTOs “as long as there are very substantial differences between the design for procuring capacity in MISO and the design for procuring capacity in PJM.”

Maryland Gov. Nominates Republican Leader to PSC

By Michael Brooks

maryland
Michael L. Higgs Jr. (Source: Shulman Rogers)

Meetings of the Maryland Public Service Commission may get a lot livelier if Gov. Larry Hogan’s pick to replace Lawrence Brenner is confirmed.

Hogan nominated Montgomery County Republican Party Central Committee Chairman Michael L. Higgs Jr., an attorney with Shulman Rogers specializing in telecommunications and media regulations.

Higgs is an unabashed conservative who has used his now-deactivated Twitter account to compare President Obama’s advisor Valerie Jarrett to Rasputin and speculate that former Secretary of State Hillary Clinton had disappeared for several weeks to receive a facelift.

Higgs would be joining a commission that has been one of the most outspoken defenders of the Environmental Protection Agency’s proposed carbon emission rule.

Hogan submitted Higgs for state Senate approval on Feb. 20 to replace Brenner, a former administrative law judge with the Federal Energy Regulatory Commission whose five-year term expires June 30.“I’m thrilled with the trust that the governor has placed in me and I look forward to serving the people of Maryland once I’m confirmed,” Higgs told the Gazette.

The Rockville resident is a graduate of the University of Maryland, with a bachelor’s in government and politics, and received his law degree from the George Washington Law School.

While attending law school, he worked for several firms where he gained experience learning the rules and policies of the Federal Communications Commission. At Shulman Rogers, Higgs’ clients include Internet service providers and radio and TV broadcasters. According to his LinkedIn profile, Higgs has no experience in the electricity industry.

In November’s gubernatorial election, Republican Hogan beat Democrat Lt. Gov. Anthony Brown, a big upset in a state where Democrats outnumber Republicans 2-1.

Higgs did not respond to requests for comment.

MISO Board of Directors Markets Committee Briefs

NEW ORLEANS — Independent Market Monitor David Patton told the MISO Board of Directors on Wednesday that MISO members are paying outsized premiums as a result of transmission loading relief actions (TLRs) called by neighboring SPP, PJM and the Tennessee Valley Authority.

Patton said day-ahead binding on a TVA flowgate caused more than half of the price divergence at the Michigan Hub and much of the premiums in Arkansas in January.

Binding constraints that result in TLRs “tend to be very costly to MISO,” Patton said, blaming SPP TLRs for 20% of the congestion pricing at generator locations in January. Much of that was due to a single constraint that priced 10 times higher in MISO than in SPP, he said.

Patton said the problem should decline with the beginning of market-to-market coordination with SPP on Sunday and the introduction of Coordinated Transaction Scheduling with PJM. (See related story, PJM MRC/MC Briefs.) A joint operating agreement with TVA also would help, he said.

Patton said he will “investigate whether the TLRs are in all cases justified” and what else can be done to moderate price volatility.

Winter Forced Outage Rates Return to Normal

Forced outage rates have returned to typical levels during cold days this winter, with 15,000 to 18,000 MW out or derated, compared with more than 40,000 MW at the peak in January 2014, said Todd Ramey, vice president of system operations and market services.

Director Baljit “Bal” Dail asked whether there was any evidence of generators improperly claiming outages to withhold supply.

“That is something that we are investigating,” responded Patton, who said he would provide a report in March. “We are looking at some of those outages.”

Board Considering Fewer Markets Committee Meetings

The Board of Directors is considering reducing its Markets Committee meetings from monthly to the seven times a year that the full board meets. MISO staff created a proposed schedule at Director Michael Curran’s request.

“There is an opportunity to tighten up the agenda,” Curran said.

“We tried to do it before, but the members said they like it every month,” cautioned Director Paul Feldman.

The board will discuss the matter this month after getting stakeholder feedback.

Extended LMP Starts

miso
Uplift rises each time a new unit is committed but does not rise dramatically at high levels of demand, because ELMPs are also rising.

MISO launched extended locational marginal pricing (ELMP) Sunday, a new calculation method that the RTO says will allow it to better capture fast-start gas turbines and emergency demand response in clearing prices.

It will allow fast-start resources that are either offline or scheduled at limits to set prices, which was previously impossible because of limitations in the RTO’s algorithm.

Emergency DR will also be able to set prices in the real-time energy and operating reserve markets.

MISO says the changes should minimize price spikes during shortages, provide more accurate price signals and reduce uplift charges.

Patton called it a “very important” initiative that should also allow price-responsive demand.

ELMP was one of four market changes introduced Sunday:

  • Market-to-market coordination with SPP, which allows the two RTOs to use economic dispatch to improve the cost effectiveness of their congestion management along the seam. The Federal Energy Regulatory Commission approved the initiative in January (ER13-1864). (See SPP, MISO Move Ahead on Flowgate Rules.)
  • DR will be allowed to provide multi-part offer curves and maximum regulating reserve and contingency reserve limits daily. It removes the host load zone association for some resources.
  • External asynchronous resource (EAR) market participation: Market resources connected to the main MISO market by a direct-current tie, such as Manitoba Hydro, were previously able to offer only generation into the market. Now, a bidirectional EAR will allow participants to submit price sensitive bids and offers. It also will allow dispatch of flexible hydro facilities in response to changes in supply and demand.

— Rich Heidorn Jr.

Pepco Q4 Earnings Down; Up for Year

pepcoPepco Holdings Inc. reported fourth-quarter earnings of $35 million ($0.14/share), a drop from the $58 million ($0.23/share) it earned for the same period last year.

Earnings for the year were up, however, rising to $242 million ($0.96/share) from $110 million ($0.45/share) in 2013.

Pepco CEO Joseph M. Rigby attributed the increase in annual earnings to higher electric distribution and transmission revenue. The decrease in fourth-quarter earnings compared with 2013 was due to higher operation, maintenance and depreciation expenses, he said.

Because of the company’s pending acquisition by Exelon, it provided no earnings guidance for 2015. (See related story, DC Consumer Advocate Seeks Delay in Exelon-Pepco Proceedings.)

State Briefs

Story on ComEd Contributions Spurs Call for Investigation

COMED (EXELON) logoA state senator called for an investigation of Commonwealth Edison after the Chicago Tribune reported that the utility spent $60 million in ratepayer money over seven years on politically influential charities.

“The allegations in the Tribune article are serious and call for immediate action,” state Sen. Dan Duffy said in a letter to Attorney General Lisa Madigan. “ComEd should be required to disclose these contributions to ratepayers. At best, ComEd shareholders, not ratepayers, should bear the burden of funding these contributions.”

A 1987 law allows ComEd, the state’s largest utility, to pass on the cost of its charitable contributions to ratepayers. The Tribune article listed instances where some charities that received ComEd assistance were in the position to aid it.

More: Chicago Tribune

County Emergency Management Agency Uses Dresden’s Cooling Pond Water to Battle Ice

DresdenWarm water from Dresden nuclear plant is being used to melt down ice flows on the Kankakee River to prevent flooding and damage to homes and docks.

The Will County Emergency Management Agency has devised a system to siphon the 70 F water into the Kankakee River. “The warm water from Dresden’s pond helps break up the ice so it can flow freely downstream,” said Harold Damron, the agency’s director.

More: GenerationHub

INDIANA

Challenges to NIPSCO’s $1.1 Billion Modernization Plan Heard in Court

nipscoIn a case before the state Court of Appeals, the Office of Utility Consumer Counselor and a group of industrial customers are challenging Northern Indiana Public Service Co.’s $1.1 billion electric modernization plan as too costly.

“These plans can cost ratepayers hundreds of millions, even billions, of dollars,” said Utility Consumer Counselor David Stippler. The Utility Regulatory Commission approved the plan in 2013, which would be funded by yearly rate increases that will total 4.9% by 2020.

A NIPSCO attorney said the improvements are necessary. “The commission determined the plan is beneficial to consumers, and no one has disputed that,” said Brian Paul. The court decision could affect improvement plans proposed by other state utilities.

More: The Times

KENTUCKY

Kentucky Power Appeals PSC Ruling on ‘Unreasonable’ Fuel Costs

BigSandySourceKPCKentucky Power is appealing a Public Service Commission order requiring it to refund $13 million to customers after the commission determined some of its fuel costs last year were unreasonable.

The American Electric Power subsidiary says the commission disallowed charges associated with having both the Mitchell power plant and Big Sandy Unit 2 in operation simultaneously. Kentucky Power said it was necessary to run both units in Louisa to maintain system reliability and to meet demand, especially during last winter’s polar vortex.

Big Sandy Unit 2 is being retired later this year.

More: WOWK TV

MICHIGAN

City Upset That DTE Rate Hikes Would Kill LED Lighting Incentive

dteThe city of Ypsilanti says a proposed DTE Energy rate increase for LED street lighting, combined with a cut in charges for conventional sodium-vapor streetlights, would undermine the incentives that prompted the city to spend $500,000 last year to convert its streetlights to the more efficient LED technology.DTE’s proposal would increase the cost of powering a 65-W LED bulb from $138 to $154 a year, while the cost of running a 100-W sodium bulb would drop from $184 to $129. “If this rate hike happens, we’ll really feel like this was a bait and switch,” said Ypsilanti City Council Member Brian Robb.

The utility said the old LED rate was experimental. “As we gained more experience with LED technology, we changed the pricing to reflect a more complete understanding of the costs associated with it,” said DTE spokesman Scott Simons.

More: MLive

University Report IDs Ways State Could Improve Fracking Oversight

university-of-michigan_logoA University of Michigan report suggested the state take a number of steps to strengthen its oversight of hydraulic fracturing, including better monitoring of surface and groundwater and mandating more emergency planning by natural gas exploration companies.

The recommendations were included in a 277-page report compiled by scientists, lawyers and other University of Michigan faculty. “The purpose of the study is to pull together a massive amount of information and analyze the options in a way that is clear, so the state can look at these options and decide which if any they might want to adopt,” said Sara Gosman, one of the report’s authors.

More than 12,000 fracked wells have been drilled in Michigan since the late 1940s, but high-volume fracking of deep shale deposits is a new phenomenon. Michigan has 13 producing wells in the Utica-Collingwood shale formation, but drilling companies have leased hundreds of other sites.

More: PennEnergy

MISSISSIPPI

Mississippi Power’s CEO Warns Kemper Ruling Could Result in Rate Hikes of 35%

KemperMississippi Power CEO Ed Holland said a state Supreme Court ruling that orders the company to refund customers $271 million for plant construction costs will almost certainly lead to higher rates.

Holland, in a Sun Herald op-ed, said the court’s ruling effectively voids a plan the company and the Public Service Commission developed to keep down rate hikes associated with construction of the Kemper County integrated gasification combined-cycle plant. “If the court’s opinion stays in place and the refund is required, we will have little choice but to seek at least the original estimated amount of approximately 35% in rate increases,” he wrote.

The court threw out a PSC decision to allow $281 million in rate recovery for costs associated with the plant’s construction. The court said the PSC never found that the funds were “prudently incurred,” a requirement for recovery. Mississippi Power is challenging the court ruling.

More: Sun Herald

MISSOURI

PSC Approves Ameren’s Efficiency Plan Allowing 2013 Recovery Calculations

The Public Service Commission approved a settlement that determined Ameren Missouri’s energy efficiency programs saved 347 GWh in 2013. The amount will determine how much money the utility can recover from ratepayers.

Ameren had claimed that its program saved nearly 400 GWh. The Office of the Public Counsel estimated the savings at 300 GWh. They settled on 347 GWh.

More: St. Louis Today

NEBRASKA

2nd State Judge Signs Injunction Against Keystone XL Eminent Domain Actions

TransCanadaSourceTransCanadaA York County District Court judge became the second state judge to grant an injunction halting TransCanada’s use of eminent domain to secure a route for its controversial $8 billion Keystone XL Pipeline.

The judge ruled in favor of a group of landowners who are challenging a state law that gave TransCanada eminent domain powers to build its crude-oil pipeline to Gulf Coast refineries and terminals.

“I know the war is not won yet, but it’s a start,” property owner Susan Dunavan said after the ruling.

More: Journal Star

NEW JERSEY

JCP&L Planning $267 Million on System Improvements; Rate Counsel Endorses $107 Million Rate Cut

Jersey Central Power & Light said it will spend $267 million on transmission and distribution improvements this year, including a new transmission line in Middlesex County.

Among the projects planned are nearly $6 million in distribution circuit upgrades, $24 million in tree trimming, and money for planning and constructing a 230-kV transmission line in Monmouth County.

JCP&L’s reliability record has been a recent target of regulators and consumers. The Division of Rate Counsel last month endorsed a decision by an administrative law judge that would force the company to cut rates by $107 million, saying that the utility’s reliability record is poor.

The Rate Counsel argued that the company had earned profits in excess of the amount allowed by the Board of Public Utilities. About 90% of its customers were left without power after Hurricane Sandy.

“JCP&L customers have suffered poor reliability too long and should be provided a remedy immediately,’’ the Rate Counsel argued.

More: JCP&LNJ Spotlight 

NORTH DAKOTA

Hearing Scheduled for New Power Plant near Williston

Pioneer-Generation-StationThe Public Service Commission will hold a hearing this week on the proposed $161 million expansion of the Pioneer Generation Station near Williston to meet growing electricity demands from the state’s oil and gas industry.

Basin Electric said the proposed expansion is needed to meet a forecasted 1,600-MW increase in load by 2035. The company wants to add 12 reciprocating gas-fired internal combustion engines generating up to 111 MW.

More: Grand Forks Herald

OHIO

PUCO Rejects AEP’s Guaranteed Income Plan for Coal Plants

AEP logoThe Public Utilities Commission last week rejected American Electric Power’s request for a guaranteed income for two of its coal-fired plants, saying the proposal wasn’t in the best interest of ratepayers.

While PUCO rejected the proposal, it ruled that the power purchase agreement was legal. That gave AEP a kernel upon which to press forward with a similar request for other plants. It has argued that customers would benefit from supply stability if the plants received a guaranteed rate. Critics say its proposal would represent a retreat from market-rate pricing.

“Further delays in deciding this issue will postpone our customers’ ability to take advantage of the financial benefits of what we proposed,” AEP Ohio President Pablo Vegas said in a statement. “We will work with the PUCO to address their outstanding issues with our problems.”

More: Columbus Business First

Rumors Surround Porter’s Move to PUCO, Johnson’s Tenure

AndrePorterSourceGov
Porter

Gov. John Kasich’s choice of Andre Porter, the state commerce director, to fill a vacancy on the Public Utilities Commission has sparked speculation that Chairman Tom Johnson’s reign may be ending.

Some observers wonder why Porter, who served previously on the commission, would want to make the move back to PUCO if he wasn’t angling for the chair. Johnson, who has been the commission’s chair for less than a year, has faced several controversial issues, including proposals to guarantee prices for merchant power and a legislative proposal to freeze the state’s renewable and energy efficiency standards.

The governor’s office did not comment on his plans for the commission.

More: Columbus Business First

PENNSYLVANIA

PUC Orders FirstEnergy’s Pa. Companies to Give More Details on Improvement Plan

The Public Utilities Commission ordered FirstEnergy’s four companies in the state — Met-Ed, Penelec, Penn Power and West Penn Power — to provide more details on how they intend to address issues raised in a PUC management audit.

The PUC’s Bureau of Audits identified 28 areas of improvement in the companies’ management practices that could produce one-time efficiency savings of $19.2 million and annual savings of up to $3.8 million. The PUC said FirstEnergy’s response was short on specifics and directed the company to devise a more detailed implementation plan.

“Because we have received similar responses to previous audit recommendations in the past with little meaningful improvement, it is imperative that FirstEnergy develop more robust responses to these recommendations,” Commissioner James H. Cawley said in a motion approved by the commission.

More: PUC

WEST VIRGINIA

Tomblin Vetoes Net Metering Bill, Solar Advocates Applaud

tomblinGov. Earl Ray Tomblin vetoed a bill that would have prohibited utilities from subsidizing solar customers by charging other ratepayers for costs associated with installing and administering solar net-metering systems.

Solar advocates said the bill would have allowed utilities to raise costs for owners of solar installations, reducing incentives for renewable power.

“This bill was fatally flawed,” said Rhone Resch, president and CEO of the Solar Energy Industries Association. “Did it end up that way for political reasons? Or was it a case of sloppy drafting? Whichever the case, Gov. Tomblin did the right thing by vetoing the bill and sending it back to the drawing board.”

More: GreenTech Media

Compiled by Ted Caddell