Two things that you can say about the Federal Energy Regulatory Commission, as a market regulator, are:
It produces the most incomprehensible prose of any market regulator, and
Its markets have an unusual tendency to be gamed in embarrassing ways.
I suspect these facts are related. I posit that almost nobody, including at the FERC or its various regional power markets, can actually figure out how those markets' rules work. So they work badly. And while you have to be very smart to figure them out -- say, at the level of Blythe Masters, or electrical engineering Ph.D. Alan Chen -- once you have figured them out, they become comically easy to game. FERC builds markets with so many bells and whistles and buttons and valves that some of the buttons end up having no function but to dispense money. If you can find those buttons, what you do is just keep pressing them until the FERC notices and gets mad at you and starts scolding you incomprehensibly.
A new round of press has developed about Powhatan Energy Fund's assertive and very public defense of an on-going FERC market manipulation investigation. This one is particularly entertaining: My friend Scott in Mayberry refers to FERC's secret language as "FERCenese." It's possible that a secret decoder ring can only be earned by selling your soul. Or something.
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FirstEnergy's frequent financial fiascos aren't Tony's fault! Poor management pointed the finger at everyone else yesterday during some silly Chamber of Gladhanders event. The quotes in the news article were bad enough, but check out the full text of the fairy tale here. If Tony actually believes any of this stuff, he needs to exit stage left: "All of us have been challenged by the economy over the last few years." Well, except for you and your 1% pals, right? After all, how much of a struggle is it to survive on $23M a year? Almost as hard as it is to survive locked out of your job for months because your employer is a union buster, I'm sure. "For example, in FirstEnergy’s six-state service area, our 2013 utility sales were below 2007 levels – and, during that period, wholesale energy prices dropped by more than 40 percent. While this isn’t the first time we’ve faced tough economic conditions, this is the longest period of economic stagnation I’ve seen in my 40 years in the industry. We will ultimately work through this… and as the economy grows, so will the use of electricity." It's called energy efficiency, Tony. It's permanent. "But quite frankly, the challenges we now face from government interference in the electric business are far more intrusive and disruptive, and I believe far more significant to our industry’s future, and to your future. That’s because whether it impacts our traditional regulated business or our competitive operations, government policy is now aimed at stifling the growth and use of electricity – and picking winners and losers in the competitive marketplace." Oh, puh-leeze. FirstEnergy was singing a different tune when the West Virginia government puppets at the PSC "interfered" in FirstEnergy's scheme to sell a dirty, old coal plant to itself and charge West Virginia ratepayers over a billion dollars for it. Not only was having FirstEnergy's dirty trash dumped on ratepayers intrusive and disruptive to the amount we pay for electricity, it's effect is going to last well into the future. The mistakes of FirstEnergy's competitive operations got dumped into its regulated business, and that stifles economic growth and use of electricity in West Virginia. Worst of all, the PSC allowed FirstEnergy to pick winners and losers in the competitive marketplace. Yeah. FirstEnergy wins, we lose. "Or, would you think it is fair to face competition from a supplier who can be indifferent to price… since all of its costs, including a return on investment, are guaranteed?" What? Every stinking penny of FirstEnergy's $121M dollar investment in its unneeded PATH project was earning a 14.3% return on investment, and recovery of its sunk costs are guaranteed in the event of abandonment. FirstEnergy spent generously because it was indifferent to the ultimate quarter billion dollar abandoned price to ratepayers. In addition, FirstEnergy is well on its way to plunking its "transmission spend" into a whole bunch of dubious projects, just to earn a big return on the investment. That's not "fair." Right. "The industry has invested more than $840 billion… employs more than 500,000 workers… and pays billions of dollars in taxes." But FirstEnergy earns a return on its investment, treats its workers like garbage, and doesn't pay any taxes! "Thomas Sowell, a noted economist and commentator at Stanford, summarized a broader trend, now playing out in our nation’s energy policy, when he said, quote: “Much of the social history of the western world, over the past three decades, has been a history of replacing what worked with what sounded good.” In the electric utility industry, energy efficiency, renewable power, distributed generation, micro grids, roof-top solar and demand reduction are examples of what “sounds good” – and while they may all play some role in meeting the energy needs of customers, they are not substitutes for what has worked to sustain a reliable, affordable and environmentally responsible electric system. And, the mandates and subsidies needed to force their use have far-reaching consequences for our customers and our economy." Energy efficiency, renewable power, distributed generation, micro grids, roof-top solar and demand reduction sounds like a workable, and inevitable, future to me. Tony can either get in the backseat or get left behind. His choice. Thomas Sowell quote? Really? "Consider the fact that you can no longer buy a 100-watt incandescent light bulb in the United States, but you can purchase a 500-horsepower vehicle." Oh, the horrors! Wanna bet that Tony is an incandescent bulb hoarder? He probably sits in his underground bunker with huge stack of them, crying quietly. "Or that electric customers are being forced to pay additional costs for subsidized, unneeded generation." Is he talking about Harrison? "Or that these policies and others – designed to achieve a social agenda that has little, if anything, to do with maintaining electric service – are shifting the fixed costs of the system to customers who can least afford it… and are undermining our nation’s competitive position." ![]() "So why are we engaged in this effort to experiment with the electric system by taking away customer choice… increasing prices… and jeopardizing reliability?"
Why are you doing that to West Virginia, Tony, WHY? "Quite frankly, I believe state and federal policymakers are manipulating the supply and demand, and distorting markets for electricity, to further advance the “war on coal.” Well, quite frankly, I believe FirstEnergy is manipulating the supply and demand and distorting the markets for electricity, to further advance corporate profits. "Some generating units were off-line as natural gas was used to meet higher priorities – and the entire market was affected by a substantial increase in the price of natural gas. To put this price increase in perspective, it was the equivalent of paying about $85 per gallon of gasoline!" And one of FirstEnergy's nuke plants was also off-line, right? And then prices went up, and FirstEnergy charged more than 2 million customers a "polar vortex fee" that's now under investigation by more than one state regulatory commission. "As President Ronald Reagan stated in a letter to Congress on July 17, 1981, “Our national energy plan should not be a rigid set of production and conservation goals dictated by government… When the free market is permitted to work the way it should, millions of individual choices and judgments will produce the proper balance of supply and demand our economy needs." Because the only thing more trite than a Ronald Reagan quote is comparing your issue to the Holocaust, right? Remember that ambiguous "energy agreement" that New England states signed back in December? Its meaning is now beginning to take shape, not as a true energy plan, but as a ratepayer-funded transmission developer feeding frenzy. Instead of "making investments in local renewable generation, combined heat and power, and renewable and competitively-priced heating for buildings that will support local markets and result in additional cost savings, new jobs and economic opportunities, and environmental gains," it looks like some of the states are depending on this "agreement" to satisfy their energy appetites at the expense of the other states. Here's how the states plan to implement their agreement: In the next few months, the governors are expected to issue requests for proposals for 1,200 to 3,600 megawatts of transmission capacity that could carry wind and hydroelectric power from the northern reaches and Canada. Massachusetts is plowing ahead with legislation ordering utilities to solicit bids for up to 2400 MW of "clean" energy. Instead of fostering the development of renewable energy within their own borders, or tapping the incredible resource right off their own shores, the energy hog southern New England states plan to import renewables from another country and run transmission lines through the northern New England states to deliver it. What's in it for the northern states? Part of the bill! Massachusetts and Connecticut are driving the push to bring clean hydropower from Canada to help the states meet their clean-energy goals. But the other four states — Vermont, New Hampshire, Rhode Island and Maine — agreed through the New England States Committee on Electricity, made up of state utility officials from the six states. They have agreed to share the costs because they would benefit from the overall reduction in energy costs, although the details of how that would be done remain to be worked out. Northern state landowners will also be required to sacrifice privately owned land or be subject to eminent domain condemnation and takings. They will also have to live with these 200-foot tall extension cords zig-zagging through their communities and unspoiled vistas. Because Massachusetts and Connecticut don't want any of that nastiness mucking up their views. This "agreement" was never about true diversification of generation. It's about increasing centralized generation and reliance on imported energy. And it's about corporate schemes to make money by smoothing the way to build more long distance transmission. "Many of the proposals have been talked about in utility circles for some time..." Of course they have, but the transmission developers needed cover to spring their plans on a wary public, and a way to broadly socialize the costs so that the burden on any one customer would be overlooked as minor. The transmission developers and their pet Governors are even rewriting history, putting the egg before the chicken by pretending that the past winter's delivery issues were the impetus for the "agreement" that was signed before the problems occurred. Adding to the charlie foxtrot are Big Green, who sanctimoniously oppose this new transmission plan, worrying that it "could crash the regional power market and kill off other needed energy-generating resources." Funny... these are the same green hypocrites who are cheering Clean Line Energy's plan to cover the Midwest with wind turbines and HVDC transmission lines. No worries about that crashing the regional power market and killing off other needed energy-generating resources. Right. So, a whole stable of eager transmission developers are chomping at the bit to have their project selected as the winner of the ratepayer-guaranteed profits. Several proposals have been made. In addition to stupid overhead projects like the parasitic Northern Pass, Anbaric has proposed a project that it says will be buried, both on land and offshore. A 300-mile power cable would be buried on land in Maine and then run across the Atlantic Ocean floor to greater Boston under a proposal to tap Canada’s plentiful hydropower to meet the needs of power-hungry southern New England. Maybe Anbaric thinks that battling the opposition that is sure to develop against an overhead project isn't worth the time, money and headaches, preferring to spend a little more to bury its project for fast approval, while the competition languishes for years on the regulatory battlefield. Anbaric could teach some other "clean" energy developers a lesson. But then again, Anbaric is counting on ratepayers to finance its project, including the extra cost to bury the cable. Other "clean" energy companies operating under a merchant model are caught in a desperate cost control game in order to keep their projects cost competitive. Merchant transmission projects depend on energy markets for their existence. If a merchant transmission owner can cover its own expenses to ship energy long distance and make a profit, then it is economic to build. However, if a merchant transmission company's cost of service increases because it has to spend more to bury cable to make landowners happy, then it is no longer economic and will not be built. Sounds fair, right? But, what if the merchant developer wanted the power of eminent domain to take land cheaply for an overhead route, instead of having to please landowners during a fair, open market right of way negotiation process that could include the requirement to spend more money burying the line? That would be the best of both worlds for the transmission developer -- depending on the artificial influence of eminent domain to keep its project costs in check to ensure market competitiveness. This is perhaps the single biggest flaw in Clean Line Energy's plan. Merchant projects should NEVER be granted a utility's eminent domain authority because they are not needed for reliability or economic purposes and depend completely on the economics of the market for existence, therefore they should also be forced to compete in unfettered real estate markets to bring their projects to reality. If it costs too much to obtain right of way in a free market, then the project is not economic. But, I digress. New England has a lot of work to do to craft a real, sustainable energy plan that does not depend on inflicting social and environmental injustice on people in other states or other countries. the states will hold public meetings to present the region's plan in preparation for bidding process. The meetings will include stakeholders, including environmental groups and developers. It is unclear whether these "meetings" will include citizens, landowners and ratepayers, the most important "stakeholders" of all.
Now you've gone and done it, FirstEnergy! One of those customers on your polar vortex hit list is the Chairman of the Pennsylvania PUC! Ooopsie! Chairman Powelson had this to say about FirstEnergy and its polar vortex fee: "I think there's a stench associated with the request put forward by this company to recover these costs," Powelson told a hearing Tuesday of the Pennsylvania Senate Consumer Protection and Professional Licensure Committee. Yes, it's the stench of money! Lots of it!
Do you smell what FirstEnergy's cookin'? Have you read NRG CEO David Crane's manifesto of consumer empowerment in the electricity sector? You should. Crane envisions a sustainable future where energy consumers become energy producers. His "manifesto" provides the road map for how he intends to get there. Here's one of his ambitious thoughts: Just a few years ago, the prevailing wisdom was that the path to a clean energy economy depended on our collective willingness to build a nationwide high-voltage transmission system in order to transport electricity in vast quantities from the relentlessly windy and brutally sunny parts of the country, where people generally don't live, to the more temperate places where Americans tend to congregate. While I fully share his enthusiasm, a whole bunch of transmission developers don't seem to have gotten Crane's memo on this. They persist in attempts to cover the Midwest with wind turbines and transmission lines. But, the biggest monsters always do seem to go out with a final, terrible roar. Hang on, transmission opponents, the monster is weakening and the future is coming! We expect to be soon to market with a robust platform offering rooftop solar to homes and businesses and other forms of sustainable and clean generation that will offer our customers the ability to dramatically reduce their dependence on system power from the centralized grid. I bet Michael Skelly wishes he'd thought of this back in 2009...
Customers in the deregulated states of Illinois and Ohio are up in arms about FirstEnergy's plan to stick it to them with a $5 - $15 one-time charge to pay for what it says are "unexpected costs incurred during the polar vortex." "FirstEnergy Solutions is preparing to bill about 2 million of its 2.7 million retail customers a surcharge for expenses the company will soon have to pay for reserve power it needed when temperatures plummeted below zero." 2,000,000 x $15 = $30M That's $30M being transferred from consumers pockets into the pockets of FirstEnergy. A company spokeswoman opined, “We consider that pretty nominal.” I wonder if she also considers CEO Tony Alexander's annual $23M compensation "nominal." If the big guy took a pay cut, it would almost cover the cost of the "polar vortex," wouldn't it? Crain's described the reason for the charge like this: "The company confirmed that it will impose a one-time charge of between $5 and $15 on customer bills in June to recover a portion of its power-purchasing costs made through PJM Interconnection LLC's regional grid, which serves 61 million people in all or part of 13 states from northern Illinois to the Mid-Atlantic, as well as Washington. In January, PJM — which acts as a market referee for power generators — lifted caps on the price natural gas-fired power plant operators could charge as the cost of gas soared due to record demand, and electricity consumption likewise spiked." The Plain Dealer described the reason for the charge like this: "When the arctic blast hit the region in early January, demand for electricity spiked - and simultaneously dozens of power plants failed because of the weather, mechanical problems or because of fuel problems. About 20 percent of the PJM region's power plant capacity went down, he said, threatening the stability of grid. And because the cold was widespread and lasted many days, PJM grid operators found that they could not import power from other areas. Wholesale power prices then skyrocketed. PJM reduced voltages by 5 percent, asked for voluntary conservation and even briefly considered rolling brownouts to avoid a grid collapse and blackout. But PJM also ordered more expensive power plants to begin generating, just to keep the system stable, he said." But here's another reason: FERC compounded the problem by lifting a $1000 price cap and allowing these greedy corporate entities to further game PJM's malfunctioning markets. FERC has allowed generators to charge whatever they want, and is in denial about any "harm" that may result: "FERC said PJM's proposal met the commission's criteria for approving waivers, as doing so would remedy a 'concrete problem,' would not harm third parties and would be limited in scope." It's really not sounding very "limited in scope," is it? In addition, FirstEnergy ended up purchasing so much expensive power because many of its generation plants were out of service. Where does FirstEnergy's fault in that end and the consumer's responsibility for the charges begin? Not all electric companies are passing these "polar vortex" charges on to their customers, however. But, FirstEnergy is shuckin' and jivin' like a champ on a "special website" the company has set up to serve you some koolaid, as well as in the media: "Francis of FirstEnergy Solutions declined to say how much her company has been billed by PJM, except to describe the amount as unprecedented. She said the company is passing on only a portion of the charge to customers." FirstEnergy also said the company has no idea how much it will have to pay. "Ms. Francis declined to say how much in unanticipated vortex-related costs FirstEnergy Solutions must pay, saying that figure was confidential. FirstEnergy will know next month precisely how much the surcharge will be, she said." Yes, it seems that the real cost to FirstEnergy is going to remain a deep, dark secret, not even revealed to the company's investors. That's because: "We thought it was necessary to pass through these costs to customers where contracts allow,” FirstEnergy spokeswoman Diane Francis said." Necessary? FirstEnergy thought using the fine print in its contracts to stick it to customers in deregulated states was so very funny during its last earnings call. Steve Fleishman - Wolfe So, if you don't want to get stuck with these kind of charges in your deregulated electric bill again, do like the City of Rockford and look for a new supplier ASAP.
Opponents of FERC's Order No. 1000 made oral arguments before the D.C. Circuit Court of Appeals last Thursday. Order No. 1000 requires interregional transmission planning and broad cost allocation, introduces competition to build transmission, and mandates "consideration" of state renewable energy goals to allow regional planning authorities to interpret and decide how such goals may be accomplished with long distance transmission, instead of in-state resources. And they wonder why there's been a run on repeal of state RPS laws this year? A few oral argument summaries have popped up online that seem to agree that the Court pretty much gave the authority and ROFR arguments the hand. Reporters also agreed that opponents' cost allocation arguments fared better. Read the RTO Insider summary. Read an E&E summary. Cost arguments drone on about eliminating "free ridership" whereby some electric consumers may receive benefit from an interregional transmission project but not have to pay for it. That same argument could be used for the "free ridership" of some electric consumers who receive benefit from new transmission lines but don't have to sacrifice their land, homes, businesses, and health for the "good" of others. There are a multitude of unrecognized "costs" of transmission that aren't monetary and cannot be sufficiently compensated by one-time right of way payments. But I don't think anyone bothered to stick up for sacrificial landowners at the D.C. Circuit. Unless the Court reins in FERC's heavy-handed transmission exuberance, the arguments will continue. This will tie the matter up in the courts forever and result in nothing of substance getting built. Utilities and groups also contend that FERC is infringing on states’ rights because several states already regulate transmission planning. FERC countered that the order would not interfere with state authority, and if the state vetoed a project, it wouldn’t be built. States will continue to exercise their authority over siting and permitting, denying projects that provide no local benefits. And the feds will continue trying to usurp state authority through Secs. 1221 and 1222 of the Energy Policy Act. Isn't this where we've been stuck for years now?
When are the needs of consumers going to be considered? Consumers aren't buying the specious arguments that billions of dollars of new transmission provide benefit to them. In fact, more and more consumers are taking steps to check out of the grid and invest in their own onsite generators. Only then will these ridiculous and expensive arguments end. Meanwhile, fight on fellas. You can listen to a recording of the 3-hour oral argument here, if someone's paying you gobs of money to stay awake and pretend you care (or if they're not, you can do it anyhow if you have a 3-hour supply of tasty alcohol on hand, and a twisted sense of humor). Reports of mysterious explosions in the vicinity of Dominion Power's Mt. Storm - Doubs transmission line in Jefferson County, West Virginia, continue to upset local residents. Rumors have begun circulating that Dominion's transmission rebuild project is actually only a front for a different, more sinister company objective recently initiated to help tide Dominion over during this period of ultra-low capacity prices in PJM. The scuttlebutt is that Dominion's blasting is part of a company expedition to locate El Dorado, the mythical "lost city of gold." Community notice before blasting could garner too many nosey neighbors that might try to lay claim to Dominion's hoped-for treasure, therefore, residents should remain in their homes and expect random explosions to continue to rock their world, and clear shelves of fragile items, until PJM's markets recover. ![]() Over the past year, confidential settlement discussions have been held at FERC between PATH and parties to the consolidated case of PATH's request to recover $121M of abandoned plant, and the three Formal Challenges filed by Ali & Keryn seeking return of $11M they allege was wrongly recovered by PATH between 2009 - 2011.
This morning, the settlement judge issued a report informing the Commission that the parties "...have reached an impasse in their efforts to reach a settlement in Docket Nos. ER09-1256-000 and ER12-2708-000. Accordingly, I recommend termination of settlement proceedings..." Therefore, the next step is for the cases to proceed to "a public trial-type evidentiary hearing." There's been lots of discussion in the news over the past year about the "disruptive challenges" increased deployment of distributed generation resources, such as onsite solar, pose to traditional utility business models. Even the Edison Electric Institute publicized a report urging utilities to devise a way to continue to collect monthly payments from you, even when you disconnect from the grid. ITC Holdings Corp. builds, owns and operates transmission. Unlike other utilities that also own generation or distribution (your "local" electric company), transmission is all ITC does. More distributed generation means less transmission. ITC must have found that pretty terrifying, because the company recently "...conducted research, including an online survey of national audits and in-depth interviews with business leaders on grid and transmission development, to measure whether businesses and the general public understand the complex and significant economic benefits that stem from a fully functioning electric transmission grid." And wouldn't you know it, "[t]he research found that 99 percent of Americans polled think the grid is important to the United States, the national economy and their local economy. Ninety-one percent of Americans agree that investing in transmission will help local, regional, and national businesses grow and succeed. Further, 89 percent of Americans included in the ITC Holdings research believe that investing in the electric grid will benefit consumers by increasing competition and lowering electricity prices." Oh, poppycock, ITC! It's all in how you ask the questions, right? A "hired gun," or advocacy survey is carefully constructed to lead the participants to the desired responses through carefully worded questions, false choices, or limiting possible answers. Let's take a look at ITC's "survey:"
After reading the following short description about the electricity transmission grid, nearly all Americans (99%) think that the grid is important to the United States, the national economy and their local economy.
Investing in the electricity transmission grid will ensure reliable access to power, especially during severe storms, for consumers and businesses.
To lower electricity prices, helping to save consumers like me money Here's what ITC concluded from the above question: • The majority of Americans (61%) prefer investing in the electricity transmission grid rather than building power-generating facilities to increase energy efficiency. The majority of Americans would rather give their money to ITC every month than invest it in their own power producing equipment or energy efficiency improvements that lower their bills overall? That is a plainly ridiculous conclusion. What was in the koolaid they handed out?
Despite agreement around the benefits of investing in the grid, Americans are divided over who is primarily responsible for actually investing in it. Only a small percentage of these "Americans" know the truth -- that consumers pay for grid expansion in their monthly electric bills. Oh, if only we really did have a magic grid expansion investment fairy, then there would have been no need for this "survey!" Now you know how ITC reached its desired conclusion that "Americans" want ITC to build even more transmission to increase corporate dependence and profits! Then ITC turned this into a white paper for use in trying to convince the federal government to create laws mandating more transmission. We don't need more transmission! We need more generation near point of use and less unreliable and expensive transmission! Since ITC's "survey" was scientifically carried out online, let's undertake our own online survey to see if we can arrive at the same results as ITC's pollster. |
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
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