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Socialization of Cost Recovery: How Investor Owned Utilities Get Rich

12/10/2011

1 Comment

 
This story illustrates a great example of how investor owned utilities use socialized cost recovery to make themselves a bundle of money at your expense.  In the example, the Virginia SCC allowed an AEP subsidiary to recover up to 50% of the cost of their charitable contributions from captive ratepayers.  The amount approved for recovery by the SCC was $250,000.  A spokesman for the company said that it equated to "two pennies on a $100 bill," and that any other company would roll the cost of their charitable contributions into the cost of their product.

Two pennies?  No big deal to you personally, right?  Maybe, but to the investor owned utility on the receiving end of those two pennies it's a very big deal.  Every utility customer needs to take a fresh look at those two pennies.  Your "two pennies" are added to the "two pennies" of millions of other individual ratepayers until they form one gigantic pile of pennies.  That gigantic pile of pennies is what Uncle Scrooge McDuck, the CEO of the investor owned utility, swims around in daily.

That's exactly the point I made to a reporter last year while doing publicity on the Formal Challenge filed with FERC.  Dividing the amount challenged by the 51 million ratepayers in the PJM region who paid it only amounted to roughly a nickel per ratepayer.  However, on the receiving end, the PATH Companies ended up with a roomful of 51 million nickels.  Go ahead, try to imagine what that would look like, and instead of Uncle Scrooge McDuck diving in, you've got a couple of ultra-rich investor owned utility CEOs quacking and swimming around in their ill-gotten gain.

It's also the same point the Maryland Office of People's Counsel made in their recent comments on FERC Docket No. ER12-269.  The amount that the PATH Companies are wrongly recovering from ratepayers is not great enough for any single entity to spend the time and money to hire consultants to examine PATH's annual formula rate filings to find the errors, therefore no one is examining them and the PATH Companies are free to get away with recovering all sorts of costs they are not entitled to.

As far as the utility's other argument, which is that every other corporation rolls the cost of their charitable contributions into the ultimate cost of their product, there is a distinction that argument fails to make.  Any other corporation is subject to the whims of competition when pricing their product.  If they make too many charitable contributions that they must roll into the cost of their product, and it raises the ultimate cost of their product higher than the cost of a competitor's product, then the consumers will buy the competitor's product and the corporation who makes too many charitable contributions will lose market share and revenue.  This is part of the system of checks and balances that powers the engines of capitalism and is known as cost accounting.  In the case of a regulated utility, however, the corporation's customers are captive, which means that they MUST buy their product from a certain corporation, no matter how much it costs.  This is the argument Commissioner Christie made in his dissent.

If AEP really wants to "roll charitable contributions into the cost of their product," they ought to roll those contributions into their cost of generation... and then give freely.  Since the cheapest generation is dispatched first we'd all breathe a little easier.

So, when "The AEP Foundation" makes those wonderful, charitable contributions, do they take all the credit for the charity?  Of course they do!  And when tax time rolls around, do they take the deduction for the charitable contribution?  Of course they do!  Who really paid for the charitable contribution?  You did!

That $250,000 that Appalachian Power recovered from Virginia ratepayers is just another dump truck full of nickels and dimes to pour into the ol' corporate money bin.  Since the AEP Foundation would have made the contribution anyhow, the amount they are permitted to recover from ratepayers is 100% pure profit.

The investor owned utilities have the act of pulling the wool over your individual ratepayer eyes down to a science, and it's working, as long as you think about it as "just two pennies."

But, take a minute to think about the big picture.

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He's Making A List...

12/6/2011

3 Comments

 
... and checking it twice.  Gonna find out who's... ut-oh, AEP, you've been naughty this year!

I take back my snarky comments about this reporter after his silly "evil twin" story about new AEP CEO Little Drummer Boy. Dan Gearino of The Columbus Dispatch actually did some investigative journalism about AEP's sneaky rate hike deal with Ohio's Public Utilities Commission.  The deal could raise electric rates for small businesses by more than 30%, while lowering rates for big, industrial energy hogs.  Check out the results of the reporter's investigation here.

AEP is going to raise the electric rates of Kentucky Power customers 31% to installer scrubbers on their Big Sandy plant so that it can continue to burn lots of MTR coal far into the future instead of switching fuel sources.  Keep in mind that the power companies always ask for more than double the rate increase they actually need because they know the state utilities commission is going to hack it up until it resembles something just and reasonable.  Could AEP be padding the cost of this upgrade to support Mikey's EPA "train wreck" fantasy?  I hope the Kentucky utilities commission checks AEP's claim that installing the scrubber is truly the least cost option over the long term instead of switching fuels, or other options.

If you're an Appalachian Power customer in Virginia, you can now start giving those Santa suit clad bell ringers the hand on your way into Wal-Mart because the Virginia SCC has now made AEP your charitable contributions coordinator.  In a split decision, the SCC has allowed Appalachian Power to recover the cost of their charitable contributions from their customers.  Dissenting Commissioner Mark Christie gets it right when he says recovery of charitable contributions have no place in a monopoly franchise.  The company can deduct these contributions from their taxes, but they'd much rather recover them from their customers and take credit for the "charity."  Outrageous!


And last, but not least, check out this episode of The Keystone Cops that ensued when Appalachian Power held a storm response drill in West Virginia.  APCO would do better to just spend some of that money they received in rate increases to repair and maintain their crumbling distribution system instead of playing storm games.  Be sure to check out the comments -- hysterical -- AEP will next practice filing for more rate increases!  :-)

Ho Ho Flippin' Ho, AEP!
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Maryland Office of People's Counsel Files Comments in PATH's Section 205 Docket

12/1/2011

2 Comments

 
Today, Maryland's Office of People's Counsel filed their comments in PATH's Section 205 filing to change the definition of "interested party" at FERC.

Here's a quote:

"What seemingly prompted the instant filing is that PATH was piqued at the temerity of some individuals who (in related cases) filed a formal -- and at least partially valid - challenge to PATH’s annual rate update in compliance with the governing rules and procedures."

(They are referring to PATH's admission to FERC that errors were found by "interested parties" during discovery last year and subsequently corrected by PATH in a revised filing with FERC before the Formal Challenge was filed.  These admitted errors are in addition to the $3.4M Formal Challenge.  OPC didn't have the temerity to assume whether the Challenge is valid or not -- that's FERC's job.)

You can download and read OPC's comments here.



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FirstEnergy, Thy Name is Trouble

11/27/2011

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As if FirstEnergy doesn't have enough trouble already (see recent posts below) they are also managing to screw up rather liberally all around.  I guess this is one of those "merger synergy" benefits whereby we can now share in the multiple liabilities created by two greedy, depraved, investor owned utilities all rolled into one great, pocket-picking package.

First, read how FirstEnergy whines about a "high" property tax assessment "lack[ing] uniformity and is discriminatory, unjust and inequitable."

Oh, the double standards!  Whatever happened to being a good corporate steward in the communities FE serves?  Oh, that's right, it's all smoke and mirrors!  Heaven forbid -- paying property taxes in a local community might cut into FE's profit margin!  That would never happen anyhow... FirstEnergy and other utilities have their properties taxed at a different, lower "utility" rate and they pass any taxes paid along to electric ratepayers in their cost of service.  They don't pay taxes, WE pay their taxes for them!

The story says FE's legal genius showed up without any appraisal of the property to attempt to back up their whining that the assessment is too high.  FE, your legal prowess cracks me up!!  :-)

Next, here's a rather heart-breaking letter from one of the victims of FirstEnergy's Little Blue Run Poison Pond.  As if this woman doesn't have enough problems already, FE's coal ash disposal pond is leaking onto her property, washing out her driveway, undermining the foundation of her home and causing mold problems.  Considering what they're dumping in Little Blue Run, I think the mold might be the least of her worries.  But, she's just more collateral damage in FE's eyes.  I hope she sues the bastards!

Last, but certainly not least, Ohio Congressman Dennis Kucinich has asked the NRC to hold public hearings before FirstEnergy powers up their beleaguered Davis-Besse nuke facility.  Read some of the comments on the article -- looks like the locals aren't appreciating FE's "corporate stewardship."  Read Kucinich's letter to the NRC.  He says that , "FirstEnergy has a long history at Davis-Besse of placing profit ahead of safety."  And that's not the worst thing he says -- read the entire letter about how unsafe this facility really is, despite  "statements made by FirstEnergy [which] have been misleading at best."

Gosh, FE, thanks for the synergies...


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Preliminary Challenge of PATH's 2010 Annual Revenue Requirement Filed

11/23/2011

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Alison Haverty and Keryn Newman filed a Preliminary Challenge amounting to around $2.3M of PATH's recovered 2010 Revenue Requirement with PATH Counsel today.

You can view the Challenge here.


PATH now has 21 days from the expiration of the review period (which is sometime next week) to work with the parties to resolve the issues raised.  If issues are not resolved in within that time frame, Interested Parties will have an additional 21 days to file a Formal Challenge with the Commission.


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Illinois Commerce Commission Files Comments in PATH's Section 205 Docket

11/23/2011

2 Comments

 
The Illinois Commerce Commission filed comments this morning in Docket No. ER12-269-000.  This is the docket for PATH's Section 205 filing to change the definition of "interested party" to exclude retail ratepayers.
Just go read it.  I promise you'll enjoy it (unless you're one of those power company lookie-loos, in which case DON'T look, because it might make you lose your appetite).
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Powering America for Tomorrow Act HR 3280 Wants to Put a Transmission Line in Your Backyard

11/22/2011

0 Comments

 
What is it about "no" that industry lobbyists don't understand?  HR 3280, the Powering America for Tomorrow Act, was introduced by electric utility pet Rep. Jim Sensenbrenner (R-Wis.) last month.

I finally got around to reading this legislative Charlie Foxtrot.  Here's what it intends to do for you!

It establishes "Regional Transmission Planners" as approved by FERC.  In our region, that would be our biased friends at PJM Interconnection, who lied about the "need" for the PATH project for years.

These "Regional Transmission Planners" would apply to FERC for a federal Certificate of Public Convenience and Necessity for the projects they "approve," and "substantial deference" by FERC would be given "to any proposed finding of public convenience and necessity by a regional transmission planner in a regional transmission plan" during a FERC "notice and opportunity for hearing."  This completely cuts out any role for your state public service commission for any lines 230KV or higher.  The bill says your state PSC still has "siting authority," unless they "den[y] a complete application seeking approval for the siting of the transmission facility."  In other words, if your state PSC says "no," then FERC can overrule them and issue a permit.  What kind of a role is that for the states?

Once FERC issues their permit, "A proposed finding by a regional transmission planner of public convenience and necessity regarding a regional transmission project is excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), provided an environmental assessment or environmental impact statement is required to be prepared by the Commission under such Act."  That's right, FERC is going to do away with any environmental reviews and allow transmission projects to plow right through your backyard, or wherever else they please.

Well, isn't that special?  This bill allows FERC, Regional Transmission Planners and Electric Utilities to operate outside the law, usurp existing state authority, and make sure you don't have a voice in what happens to your property.  You also get to pay for these transmission projects as well, with delightful double-digit rates of return for the electric utilities.

According to this article, "Rob Thormeyer, a spokesman for the National Association of Regulatory Utility Commissioners, said his group opposes the legislation. “It takes the local element out of siting, shutting out consumers and landowners,” he said in an email. “It would create a larger federal bureaucracy likely resulting in the unnecessary and inefficient building of transmission.”

The bill is currently in the House Subcommittee on Energy and Power (second committee listed on the page).  Entertain yourself by calling up the members of this Committee and letting them know that you think this bill is a very bad idea.  These representatives and the electric utilities must think we're morons.  What a hoot!


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PATH Makes Section 205 Filing at FERC to Change Definition of "Interested Party"

11/21/2011

8 Comments

 
PATH (and PJM, as administrator of the Tariff) made a Section 205 Filing at FERC on Oct. 31 to change the definition of "Interested Party."  PATH says:

"While the existing phrase “other affected party” is not intended to cover individuals who do not have standing under Section 206 of the FPA, the PATH Companies are concerned that the phrase may be more broadly  interpreted by some persons to apply to themselves as retail ratepayers or as individuals opposed to the PATH Project.5 The Commission’s exercise of its jurisdiction over the PATH Project does not directly affect these interests, and the PATH Companies therefore propose to revise the definition to more precisely reflect the scope of the Commission’s jurisdiction over the PATH Project."

And they footnote that statement with:

"See PATH LLC’s Motion to Dismiss the Formal Challenge and Motions to Compel filed by Keryn Newman and
Alison Haverty filed on October 20, 2011 in Docket No. ER08-386-000, et al."

Several parties have made motions to intervene in this docket:  PJM (obligatory intervention); American Municipal Power, Inc.; llinois Commerce Commission; Old Dominion Electric Cooperative; Maryland's Office of People's Counsel; Alison Haverty and Keryn Newman.  Deadline to intervene is today.  Parties have 15 days to object to any Motion to Intervene.

And on and on we go...

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AEP Captures Profits Previously Returned to Ratepayers for Shareholders

11/17/2011

0 Comments

 
Wondering why your AEP subsidiary electric bills keep going up?  Wonder no more!  This article regarding a  chat Morningstar had with AEP's Little Drummer Boy and other "senior management" at a recent financial conference reveals, again, what comes out of the other side of AEP's corporate mouth.  It's all about the money, boys!

New EPA rules won't be a problem, according to what AEP management told Morningstar.  In fact, "AEP already has said it could close up to 6 GW of its coal plants, but its highest-margin plants are well-positioned to capture profits for shareholders that it previously had to return to ratepayers."

Compare this to what The Little Drummer Boy said when he testified before Congress on October 13, 2011 (EPA whining starts on Page 8, past the Mountaineer CCS and Turk Plant doublespeak).  LDB is very concerned about how rising electric rates caused by new EPA rules will affect AEP's poor customers!  Well, cry me a river, Nick.

Looks like the Little Drummer Boy is getting off to a bang-up start in the doublespeak category.  Maybe Mikey should give him lessons in perfecting technique while he's breathing down his neck in the future.  Or maybe it was really LDB's evil twin testifying before Congress or talking to Morningstar?  Could one person really contradict themselves that much and still expect to be taken seriously?


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The Other Shoe

11/7/2011

0 Comments

 
Bill has the news on The Power Line here.

Sierra Club, Piedmont Environmental Council, Earth Justice and National Resources Defense Council have filed a brief at FERC.

Now if you'll pardon me, I'm going to go stick my toes back in the sand and order another fruity drink with a little umbrella in it.
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    About the Author

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

    About
    StopPATH Blog

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

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


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