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The Final Salvo

11/4/2015

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The final salvo in PATH's Formal Challenges/Abandonment case was fired yesterday by the filing of Briefs Opposing Exceptions at FERC.

Newman/Haverty Brief Opposing Exceptions.

FERC Trial Staff Brief Opposing Exceptions.

Joint Consumer Advocates Brief Opposing Exceptions.

PATH Brief Opposing Exceptions.

EEI didn't file another brief.  Nothing was filed by any other parties suddenly seeking to be a part of the case.

The case now goes to the Commission for final decision.  It could be months.  It could be years.  The Commission will act when it's ready.

Hello, life.  I'm baaaaaaaaaaaack!

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Project Compass Charts a Course to Investor Owned Utility Profit

11/1/2015

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Investor owned utility PPL has taken what it calls the first step in segmented approvals for its "Project Compass" that was announced during its earning call in the summer of 2014.

The original 2014 plan was a 725-mile line connecting New York, Pennsylvania, New Jersey and Maryland that looked like this:

The project announced last week only includes 475-miles of line in Pennsylvania and New York, and looks like this:
What happened to the New Jersey, southern Pennsylvania, and Maryland sections of the project?  In the Fall of 2014, PPL had this to say about its ginormous plan:
On a last quarterly call, we had just announced Project Compass, a proposed 725 mile transmission line through the shale gas regions of Pennsylvania and into New York and New Jersey and Maryland.

We’ve been meeting with officials at the state PUCs and governor's offices in the states where customers will benefit, Pennsylvania, New Jersey, New York and Maryland. Those meetings have gone well overall and we plan to have continuing dialogues on the project benefits. We're also meeting with other key agencies and other transmission operators in the region. We will continue to update you as we reach project milestones.
I guess those meetings didn't go as well as PPL thought they went, because those segments sort of well... disappeared, at least for the time being.

So, last week PPL said the "full project" consisted of 475-miles of transmission (down from 725) from western Pennsylvania into southern New York.  They claim to have applied for interconnection to the NYISO transmission region.  PPL claims that Project Compass will:
“This transmission line provides a significant opportunity to improve reliability and grid security and also provides benefits to customers,” Paul Wirth, spokesman for PPL Electric, said this morning. “When you add another path for power to flow, then that increases reliability because you are not relying as much on a single substation or power line.”

Another goal is to provide an estimated savings of at least $200 million per year for New York consumers by reducing transmission congestion.
But that's only the fox's opinion of the state of affairs in the chicken house.  This isn't how we plan for needed transmission!

A need for new transmission is recognized by regional transmission organizations (such as NYISO or PJM) for either reliability, economic, or public policy purposes.  Under FERC's Order No. 1000, the RTO next puts the transmission problem out for bid to transmission developers, who develop proposed solutions that are considered by the RTO in a competitive process.  This ensures that we only build needed transmission and that the transmission we build is the most cost-effective.

Instead, PPL has dreamed up a solution that needs a problem to fix.  Project Compass has not been deemed "needed" in any regional transmission organization's coordinated plan.  And only a project that is included in a RTO plan and deemed the most competitive solution can recover its costs through regionally allocated transmission rates.

The exception to this process is what's known as a merchant line.  In that instance, the transmission developer shoulders all risk and burden of building its project and then collects its costs from users through negotiated rates.   Is this what PPL is building?  You wouldn't know it from the way the company describes it to investors and the public:
Who will pay for the first segment of Project Compass?

According to the FERC guidelines for cost allocation, those who benefit from a new power line should pay its costs. The first segment would be paid for by electric customers in New York who will get the benefit of lower power prices. The costs would be paid over a period of many years on customers’ electric bills.
Wait a minute -- cart before horse!  According to FERC guidelines for cost allocation, only a project included in a regional plan is eligible for cost allocation.  According to FERC guidelines for negotiated rate authority, however, only those customers who agree to use the line pay a negotiated rate to do so.  There is no guaranteed cost allocation recovery for a merchant project.  And because there is no guarantee that costs will be recovered from consumers, the project's investors can lose their entire investment if the project does not go forward or attract customers.  Doesn't sound like a very solid investment, when there are plenty of transmission projects included in regional plans with guaranteed recovery where the investor could plunk down their money instead.

Furthermore, PPL believes it can avoid all that messy competition in the regional planning process by segmenting its project:
Shah Pourreza - Guggenheim Securities LLC
I appreciate the new disclosures around the Compass Project. So how should we think about the remaining miles? Are you looking to potentially segment the rest? And then, is there an opportunity to potentially JV with some of the neighboring utilities to smooth out the process?

William H. Spence - Chairman, President & Chief Executive Officer
Sure. I think in both cases the answer would be yes. So there's an ability to continue to segment the line as well as partnering with adjacent or utilities that the project goes through their service territory. So I think in both cases we would look to do that.

Daniel Eggers - Credit Suisse Securities (USA) LLC (Broker)
Okay. Very good. I got that. And then just on Compass real quick. I know it's ways off, but does this get caught up in this Order 1000 workout because it's an economic line instead of a reliability line? Do you get more competition, and people prospectively bid away the cost of capital? Or how do you think you're going to be able to reserve some sort of competitive advantage in this line?

William H. Spence - Chairman, President & Chief Executive Officer
I'll let Greg take that question.

Gregory N. Dudkin - President, PPL Electric Utilities, PPL Corp.
Yes. So the way this is set up currently under New York law, this would not be considered a FERC 1000 Project, so we are going and making interconnection requests and will be filing our Article VII now. So if the approval path goes down that path there may be an opportunity for competition, but the probability is little bit lower. If the PSC opens up economic window next year then there could be competition, so we'll see how it plays out.

William H. Spence - Chairman, President & Chief Executive Officer
I think relative to the competitive nature of this, obviously just having completed a very major line essentially in the same region, I think our capability to be very competitive should we get to that point should be strong.
Don't you think, PPL, that segmenting your project in order to avoid competition under Order No. 1000 is going to draw any number of valid complaints at FERC?  Someone doesn't have their thinking cap on!  And I really, really hope you're not planning to run this line anywhere on federal property that would require an Environmental Impact Statement under NEPA.  Segmenting a project to avoid NEPA is sort of... well... illegal, isn't it?

It's nice to see that PPL has finally recognized that running its badly planned project through urbanized parts of Pennsylvania, New Jersey and Maryland isn't going to happen.  But it's still off-base to think that restricting it to rural parts of Pennsylvania and New York is gonna fly.  It's not.  My Spidey Senses tell me that lots of people in Pennsylvania and New York caught last week's announcement and are investigating.  Opposition begins!

PPL's idea for a transmission project is leveraged on Pennsylvania's current Marcellus shale gas glut.  PPL believes that, instead of building underground gas transmission lines to transport gas from where it is collected to gas-burning generation plants located near eastern load, that gas-burning plants will develop near where the gas is collected that will depend on long-distance overhead electric transmission lines to transport electricity to load. 

However, what I would say is the compass project, which is not included in our CapEx program, would be a program or a project if you will that would take advantage of some of the opportunities in the Marcellus shale to basically instead of bringing the gas pipelines across, we'd be bringing electric lines across to the potentially new power stations that could be built. So that would be our opportunity, if you will, that's shale gas-related.
This is a really stupid idea left over from the last century, where "mine mouth" electric generation plants burned coal where it was mined and transported the electricity hundreds of miles to load because the load didn't want any of those dirty coal plants located in their neighborhood.  This solution simply doesn't work any more.  It's a lot easier to build a gas transmission line (and the fracking and exploitation of Pennsylvania to collect this gas is going to happen either way) than it is to build an electric transmission line.  What a truly stupid idea.

PPL's audacious Project Compass still has so many hurdles to jump, they might as well just quit now:
What approvals will be required for the first segment?

The first segment will require approval from various regulatory and regional planning entities including the public utility commissions of Pennsylvania and New York, New York Independent System Operator, PJM Interconnection, and FERC. Siting and construction of the line will require permits from appropriate environmental and resource agencies.
FERC, you say?  But FERC doesn't have authority to permit transmission lines.  It only has authority over transmission rates.  So, either PPL is planning to ask FERC for negotiated rate authority for a merchant line, or it's planning to ask FERC for some rate incentives for its cost allocated project.  Which is it?

And what kind of approval are they looking for from NYISO and PJM?  Is it an interconnection for a merchant project, or is it inclusion in a regional, competitive transmission plan?  Does PPL even have a clue what it's trying to accomplish?  This has to be the dumbest transmission plan I've ever seen, and it's based on both the public and investors being equally dumb.  I don't think the RTOs and state commissions are supposed to be dumb, because they're not.

Since PPL answered the last question this blog posed about where it came up with the name "Project Compass"
Where does the name “Compass” come from?

This project charts a new course in the way we think about and plan the electrical grid of the future.
we will expect them to answer the current questions about just what in the heck they're trying to accomplish with approvals as well.

The only course Project Compass is charting now is one of confusion that they hope will lead to corporate profits.  I think the needle is still pointing toward failure.
3 Comments

Briefs on Exception Filed in PATH FERC Case

10/15/2015

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You're probably anxious to know what I think about PATH's Brief on Exceptions.

And you're probably eager to find out what I think about Trial Staff's Brief on Exceptions.

And I think you're also interested in what I think about the Joint Consumer Advocates Brief on Exceptions.

And you're probably just beside yourself with fervent, giddy curiosity to know what I think about Edison Electric Institute's Motion to Intervene Out-of-Time or, in the Alternative, Participate as Amicus Curiae, and Brief on Exceptions.

Alas, that's privileged information.  Attorney-client privilege between me, myself and I, you know.

All in due time, grasshopper.  All shall be revealed in due time.

No mystery what I think about the Brief on Exceptions of Keryn Newman and Alison Haverty.  Read it.

Now get back to work.  Nobody's paying you to read this blog.
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DOE Inspector General Finds Nothing

10/9/2015

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Here ya go, DOE, you're going to need this:
The U.S. Department of Energy's Inspector General has completed his investigation of FERC's Office of Enforcement.  He found that FERC is following the rules it makes (but didn't stop to ponder whether those who make these rules, or the decisions that spring from them, are correct).  The investigation completely glossed over any detail that would have actually looked at the issues.  Sort of like that fictional guy from long, long ago who couldn't find his ass with both hands and a flashlight.  This investigation was so bad, I think DOE must have been missing the flashlight.  Or maybe a hand or two.  Or maybe both.

As SNL puts it:

The U.S. Department of Energy's Office of Inspector General has given a big thumbs-up to the way FERC's Office of Enforcement is conducting its investigations.

"Based on our review, nothing came to our attention to indicate that [Office of Enforcement] had not performed enforcement activities in accordance with relevant policies and procedures," the inspector general said in a special report.

However, one of FERC's biggest critics in that regard assailed the inspector general for focusing on whether FERC complies with its own policies without discussing whether those policies are flawed or violate due process in the first place.

"That takes damning with faint praise to new heights," William Scherman, a former FERC general counsel and partner with the firm Gibson Dunn, said in an interview. The lawyer also said the inspector general appears to be inviting Congress to address the problem, "and hopefully they will" in the energy bills moving thru the Legislature.
The investigation reviewed:
7 closed investigations, 20 closed hotline cases, and 10 closed cases regarding potential violations, which had been self-reported by regulated entities.

Also, we specifically evaluated an allegation that the settlement of an enforcement action involving Constellation Energy Commodities Group, Inc., (Constellation) was inappropriately linked to a then-pending request for a merger between Constellation and the Exelon Corporation (Exelon). Specifically, the Senators expressed their concern that Constellation's agreement to settle the enforcement action was provided in exchange for FERC's approval of the merger (referred to as quid pro quo).
And if there's any question in your mind about whether the Inspector General actually looked closely at the closed investigations and hotline calls, take a look at their findings in the Constellation/Exelon debacle.
We found that that the Constellation-Exelon merger was specifically mentioned in the terms of the FERC/Constellation settlement agreement. Further, we determined that even before the merger was approved, Exelon executives were directly involved in the settlement negotiations. Finally, we note that the approval of the merger by FERC and the consummation of the enforcement settlement agreement took place on the same day. The lingering question was whether these actions represented an inappropriate quid pro quo. While these actions may have raised understandable concerns, the evidence did not support such a conclusion. In fact, we found that Exelon had specifically asked for language in the settlement agreement that linked the effective date of the settlement with the effective date of FERC's approval of its merger with Constellation.
Nothing to see here, move along.  It's all just one big, funny coincidence!  Maybe they should have used a flashlight on that one...

Here's another funny co-inky-dinky... Inspector General Gregory Friedman retired on the same day this report was released.  Apparently DOE has a history of retiring employees who don't want to answer questions.

But(t), all is not lost... the Inspector General thinks the basic fairness of FERC's enforcement authority needs to be reviewed by Congress.
In addition to the issues we specifically evaluated, there were several that we were unable to review. Those concerns related to what was essentially the basic fairness of FERC's enforcement authority/processes. We concluded that these matters were public policy questions which, as important as they may be, are best addressed by policy makers and as such, were outside the purview of the OIG.
Our government is outta control and needs a Congressional flashlight in order to see...
3 Comments

FERC ALJ Rules PATH Must Refund Costs of Influencing Public Officials

9/16/2015

19 Comments

 
My challenge partner, Ali Haverty, reminded me this morning of a Facebook meme we shared months ago.  It's a photo of two owls on a branch, and says, "Sometimes I just want someone to hug me and say, 'I know it's hard.  You're going to be okay.  Here is chocolate and 6 million dollars.'"

And that's what we got.  Of course, the 6 million dollars belongs to the 61 million ratepayers in the PJM region.  Our personal share is probably about a nickel.

On Monday, FERC ALJ Philip Baten issued his ruling on the PATH case that was heard back in the spring.

Ali and I were seeking the refund of just over $6M in expenses for the purposes of influencing the decisions of public officials that PATH incurred and recovered from PJM ratepayers in 2009, 2010 and 2011.  Judge Baten ruled that all of the expenditures were not recoverable in PATH's rates and must be refunded.

This is my favorite part:
As a general proposition, the cases that are discussed above suggest that when utilities are seeking selection or CPCN approvals from governmental entities, the utilities should rely on the established governmental approval processes to persuade the officials and not indulge in collateral efforts such as public education, outreach, and advertising activities.  If a utility should rely on  these collateral activities while pursuing selection or CPCN processes, then it will risk the chance that these costs may not be recovered from ratepayers.  If the selection or CPCN application has merit, the governmental selection process provides a sufficient vehicle for the utilities to present their engineering, marketing and economic studies and thereby hope to merit the vote of approval from these officials.  In this regard the PATH Companies spent over $8 million on attorney fees to prosecute the CPCNs before the respective governmental bodies, which begs the need for these collateral expenses.
The judge's decision must now go before the Commission, who may affirm or deny, in whole or in part.  That decision is several months down the road, at least, and requires another round of briefs.

Meanwhile...  more chocolate.  And champagne.  And music.  Let there be music!

19 Comments

PJM's Transmission Cost Allocation Process Fails Again

9/4/2015

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The Public Service Commissions of both Delaware and Maryland have filed a complaint at FERC over PJM's new transmission cost allocation process, specifically the cost allocation of PJM's Artificial Island transmission project.  Under PJM's cost allocation rules, ratepayers of Delmarva Power in Maryland and Delaware would pay nearly 90% of the cost of the project, which is intended to improve transmission from the Salem/Hope Creek nuke in New Jersey.  However, Delmarva customers will receive only 10% of the benefits flowing from the project.

Whoopsie, PJM!  Your formulas still don't work!  Didn't FERC's Order No. 1000 determine that costs would be commensurate with benefits?  And didn't the 7th Circuit remand your prior cost allocation method TWICE because PJM and FERC couldn't show a correlation between benefits and costs?

It seems that PJM and FERC still haven't gotten it right on cost allocation.  And the legal battle is just beginning.  This could muck up PJM's cost allocation process for the transmission it orders up for years!  As a result... transmission won't get built.  Nice going, knuckleheads!

We have yet to see a massive transmission build out intended to ship renewables thousands of miles in an attempt to subvert state planning for compliance with the Clean Power Plan.  Expect problems there, too!  After all, not every state is going to receive the same kind of benefits from long-distance transmission that passes through in an attempt to meet the CPP goals of a different state.

I guess that's what happens when "regional" and federal interests attempt to overrun state regulators.  This complaint is going to be interesting and eat up a lot of ink.  Woo Hoo!
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What's An Appropriate Penalty?

9/3/2015

1 Comment

 
Couple of interesting complaints at FERC recently.

First, one that doesn't take a whole lot of explaining.  Electric ratepayer Eric Morris filed a complaint against The North American Electric Reliability Corporation (NERC) and SERC Reliability Corporation (SERC) for violating the NERC Rules of Procedure (ROP) Appendix 4B Sanction Guidelines in NERC Full Notice of Penalty regarding Entergy, FERC Docket No. NP15-31 filed July 30, 2015.

In essence, the issue here is that
NERC has filed a settlement for your  [Commission] review and approval in NP15-31 regarding Entergy. The settlement
involves six separate violations for two reliability standard requirements. The total penalty is $55,000. These violations had durations of multiple years.
The appropriate penalty (sanction) should be:
This violation is classified as Medium/Moderate on the VRF/VSL Table, which would associate to a base penalty range of $4,000 to $100,000 pursuant to Appendix A of NERC ROP App 4B.
For each day the violation persisted.  SERC determined the duration of the violation to be from June 18, 2007, the date the Standard became mandatory and enforceable, through June 30, 2015, when Entergy completed its Mitigation Plan.  Mr. Morris calculates that should amount to:
By my math, that is eight years and twelve days, or 2,934 days. Therefore, the base range should be $11,736,0004 to $293,400,000.
But FERC and the parties are okay with just $55,000.  After all, penalties cannot be recovered from ratepayers and must be borne by utility stockholders.

Mr. Morris filed his complaint because he is not and cannot be a party to the settlement, however he has calculated that this egregious wrong could personally cost him $0.0179, therefore he has standing to file the complaint.

What I want to know is why FERC is okay with a measly $55K penalty for Entergy violating reliability standards that affected millions of people, while they went for the maximum penalty against Powhatan Energy Fund?  Are there different standards for different market participants?  Is reliability much less of a concern to FERC than traders profiting by exploiting a loophole in its loose market regulations?  FERC fined Powhatan something north of $30M for what it says was $4M in unjust profits that should have gone to certain big utilities.  Where's the logic?

Or is it just that FERC serves the interests of utilities, not consumers?  I guess we'll find out if we watch Docket EL15-93.  I really hope FERC can pull itself out of the gutter to restore consumer confidence in the fairness of its regulatory actions.  Call me a dreamer.
1 Comment

Don't Mess With FERC's Incumbent Utility Pets!

8/1/2015

8 Comments

 
Apparently FERC's Office of Enforcement had nothing better to do yesterday than to enjoy a summer drive down to Richmond for an enjoyable afternoon of venue shopping.

I guess they found exactly what they were looking for, because they dropped off a petition requesting a jury trial at the U.S. District Court for the Eastern District of Virginia, Richmond Division, in the matter of:

PETITION FOR AN ORDER AFFIRMING THE FEDERAL ENERGY REGULATORY COMMISSION'S MAY 29, 2015 ORDER ASSESSING CIVIL PENALTIES AGAINST POWHATAN ENERGY FUND, LLC, HEEP FUND, INC.,
HOULIAN "ALAN" CHEN, AND CU FUND, INC.


Although the Commission issued an Order assessing civil penalties on May 29, the accused had 60 days to cough up the roughly $34.5
M in penalties and disgorgement.  They didn't pay.  FERC wasted no time filing its petition after the 60 days were up.

"It has taken Powhatan almost five years to get to court for a very simple spread trading strategy that has been blessed by 12 independent experts at our website, ferclitigation.com," said Powhatan's Richard Gates.


FERC listed six, count 'em, six lawyers as counsel for the plaintiff.  It listed only two lawyers for the defense, one for Powhatan Energy Fund and one for Alan Chen, HEEP Fund and CU Fund.
  Does it really take six FERC lawyers to equal one defense lawyer?  Who is paying for this?  How much has FERC spent on this investigation over the past 5 years, and how much will it spend down in Richmond?  At what point will the cost of this litigation be more than the recovery?

"While the costs of fighting off the bogus allegations have been huge and will just grow for us, we're glad we are able to stand our ground and not be forced into settlement the way others firms have. Plus, it will be nice to be in the neutral venue of a courtroom instead of this Orwellian organization that has trapped us the last 5 years," added Gates.


Richmond?  FERC says it selected Richmond because:

Venue is also governed by FPA section 317, 16 U.S.C. § 825p, which provides that “[a]ny suit or action to enforce any liability or duty  created by . . . this Act, or any rule, regulation, or order thereunder may be  brought in [the district wherein any act or  transaction constituting the violation occurred] or in the district wherein the defendant is an inhabitant.”
And the trades occurred in PJM.  And Powhatan's "principal place of business" is in Henrico, Virginia.  Of course FERC probably knows that the Gates brothers actually live in Pennsylvania and Chen in Texas.

Why Richmond?

Oh, there it is!

Respondents’ unlawful scheme resulted in
the misdirection and capture of over $10 million in PJM market payments, including
approximately $1,147,087 that would otherwise have flowed to Dominion Virginia Power and inured to the benefit of Dominion and its ratepayers, including ratepayers in this District.
So, FERC wants this case heard before jurors who might believe they were personally cheated out of more than a million bucks?  I do hope they fully explain their use of "to the benefit of Dominion and its ratepayers" to show how much would have ended up in Dominion's pocket and how much would have ended up in Dominion's ratepayer pockets if not for the defendant's actions.  Maybe FERC can also explain how much of the $34.5M in penalties and disgorgement will end up in Dominion's pocket and how Dominion will flow that recovery into the rates that will make the ratepayers on the jury whole (or not).  And do tell where the rest of the money will go, FERC...

I will admit that I haven't read everything in this case, but FERC has yet to convince me that any actual ratepayers were damaged here.  If Dominion had collected the MLSA payments instead of Powhatan and Chen, would they have directly reduced rates, or simply gone into Dominion's corporate coffers?  Since FERC has yet to adequately explain, I'm leaning toward the latter option.  Who is FERC really protecting here?  Ratepayers or its pet incumbent utilities?

Gates seems to agree, "By filing the lawsuit, FERC has shown the world it continues not to support open and competitive power markets. Instead, FERC favors incumbent utilities that function without incentives to do better. Indeed, earlier this year the WSJ* described how utilities get profits by just spending more. While we believe in the societal benefits of competition, and know the law allows for it in these markets, it makes sense utilities may not want any."

Is FERC confused about who it serves?  Is this case supposed to hinge on a jury's failure to understand it and instead be swept away by platitudes and grandstanding from FERC's sextet of lawyers?  FERC used the word "Enron" something more than 30 times in its District Court Petition.  Maybe the defense can use the word "McCarthyism" an equal number of times just to keep things fair?  I suppose the jury's view of these two competing terms is going to depend on its average age.

And the quality of the public relations battle deployed.


Richmond?

*If you don't subscribe to WSJ and can't read this article via the link, type the phrase "Utilities’ Profit Recipe: Spend More" into Google and click through on that link.  No, we're not advising that you engage in newspaper subscription link manipulation, through a scheme to engage in fraudulent Headline Googling (HG) transactions in internet search engine markets to garner excessive amounts of certain free reads of stories behind a paywall. I also recommend that you not engage in any views that constitute a wash viewing scheme in violation of the WSJ’s prohibition of that practice.
8 Comments

Puttin' On The Ritz

7/30/2015

2 Comments

 
You know it's a slow news day when...
The Federal Energy Regulatory Commission (Commission) hereby gives notice
that members of the Commission and/or Commission staff may attend the following
meetings:
North American Electric Reliability Corporation
Member Representatives Committee and Board of Trustees Meetings
Board of Trustees Corporate Governance and Human Resources
Committee, Finance and Audit Committee, Compliance Committee, and
Standards Oversight and Technology Committee Meetings

The Ritz Carlton Toronto
181 Wellington Street West
Toronto, ON M5V 3G7
Honestly, I don't how they expect to attract anyone to this meeting without golf outings, winery tours, massages, and hookers and blow in the Hospitality Suite.  And then the heavies from FERC show up.  Way to ruin the party!
2 Comments

Boring Congressional Energy Bills

7/30/2015

4 Comments

 
The media is calling both the House and Senate energy bills "boring."  The goal seems to be to pass an energy bill that doesn't do much of anything.  For this, we pay these guys the big bucks!

Boring is much better than controversial, because honestly, these critters can get up to all kinds of hijinks when they're out of your sight in Washington, DC.  Some of the more "controversial" stuff proposed earlier didn't make it into the bills that are currently being marked up, such as the "APPROVAL Act" bills introduced by the Arkansas delegation to neuter Section 1222 of the last energy policy act.  Went nowhere.  Nothing but hot air intended to appease angry voters.  What a disappointment!

Anyhow, what IS in the bills that's of interest?  Oh, there are a few things...

The House bill contains a section establishing an
Office of Compliance Assistance and Public Participation within the Federal Energy Regulatory Commission.  This figurehead shall:
SEC. 4211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC PARTICIPATION.
Section 319 of the Federal Power Act (16  U.S.C. 825q–1) is amended to read as follows:

‘‘SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC PARTICIPATION.

‘‘(a) ESTABLISHMENT.—There is established within the Commission an Office of Compliance Assistance and Public Participation (referred to in this section as the ‘Office’). The Office shall be headed by a Director.

‘‘(b) DUTIES OF DIRECTOR.--
‘‘(1) IN GENERAL.—The Director of the Office
shall promote improved compliance with Commission rules and orders by—

‘‘(A) making recommendations to the Commission regarding—

‘‘(i) the protection of consumers;

‘‘(ii) market integrity and support for the development of responsible market behavior;

‘‘(iii) the application of Commission rules and orders in a manner that ensures that—

‘‘(I) rates and charges for, or in connection with, the transmission or sale of electric energy subject to the jurisdiction of the Commission shall be just and reasonable and not unduly discriminatory or preferential; and

‘‘(II) markets for such transmission and sale of electric energy are not impaired and consumers are not damaged; and

‘‘(iv) the impact of existing and proposed Commission rules and orders on small entities, as defined in section 601 of title 5, United States Code (commonly known as the Regulatory Flexibility Act);

‘‘(B) providing entities subject to regulation by the Commission the opportunity to obtain timely guidance for compliance with Com- mission rules and orders; and

‘‘(C) providing information to the Commission and Congress to inform policy with respect to energy issues under the jurisdiction of the Commission.

‘‘(2) REPORTS AND GUIDANCE.—The Director shall, as the Director determines appropriate, issue reports and guidance to the Commission and to entities subject to regulation by the Commission, regarding market practices, proposing improvements in Commission monitoring of market practices, and addressing potential improvements to both industry and Commission practices.

‘‘(3) OUTREACH.—The Director shall promote
improved compliance with Commission rules and orders through outreach, publications, and, where appropriate, direct communication with entities regulated by the Commission.’’.

What?  Why isn't the Commission already doing these things?  And more importantly, who does this Director report to?  Sounds like he reports to Congress as their special FERC minion.  Is this Director supposed to take the place of a consumer advocate at FERC, freeing up the resources of state consumer advocates to concentrate on consumer issues within their own states?  If so, how come this Director has no real power, other than to issue reports and recommendations?  How will this position be filled?  Appointment?  Hired by the Commissioners?  Whose interests would this Director REALLY serve?  Sounds like nothing but a feel-good figurehead sucking the taxpayer teat that produces nothing of use to consumers.

The Senate bill has a couple of items of interest, including a "Transmission Ombudsperson" who, unlike the House's FERC minion, serves only the industry, smoothing things over for companies who want to build transmission (or at least that's how the Senate thinks it will work).
  1. (b) TRANSMISSION OMBUDSPERSON.—
    (1) ESTABLISHMENT.—To enhance and ensure the reliability of the electric grid, there is established within the Council on Environmental Quality the position of Transmission Ombudsperson (referred to in this subsection as the ‘‘Ombudsperson’’), to provide a unified point of contact for—
  1. (A) resolving interagency or intra-agency issues or delays with respect to electric transmission infrastructure permits; and
    (B) receiving and resolving complaints
    from parties with outstanding or in-process applications relating to electric transmission infrastructure.
    (2) DUTIES.—The Ombudsperson shall—
    (A) establish a process for--
    (i) facilitating the permitting process  for performance of maintenance and upgrades to electric transmission lines on Federal land and non-Federal land, with a special emphasis on facilitating access for immediate maintenance, repair, and vegetation management needs;
    (ii) resolving complaints filed with the
    Ombudsperson with respect to in-process electric transmission infrastructure permits; and
    (iii) issuing recommended resolutions
    to address the complaints filed with the
    Ombudsperson; and
    (B) hear, compile, and share any com-
    plaints filed with Ombudsperson relating to in-process electric transmission infrastructure permits.
If this Ombudsperson ever exists, put him on your speed dial and complain regularly!  Although he'll probably just sit around, take long lunches and frequent vacations because the federal government has a very narrow responsibility to issue electric transmission infrastructure permits.  It's up to you to wake him up occasionally!  Another do-nothing on the taxpayer dime.

Hey, but wait, perhaps if the section codifying Obama's "Interagency Rapid Response Transmission Team" (RRTT or "er-tit" as we dubbed it) makes it through, Ombudsperson will have more to do!  The er-tit is supposed to "
expedite and improve the permitting process for electric transmission infrastructure on Federal land and non-Federal land."  Again, very few federal transmission permits, but the er-tit is supposed to whip the federal agencies to approve the few permits they do have jurisdiction over faster, faster, faster!  The er-tit consists of representatives from a laundry list of federal agencies, but has absolutely NOBODY watching out for the interests of consumers or landowners.  Full-speed ahead for the er-tit and its industry flunkies!  I shouldn't laugh... the original incarnation of the er-tit rammed through a federal process for the Susquehanna Roseland transmission line in Pennsylvania and New Jersey that cost ratepayers $60M, plus interest over the next 40 years, to pay off the demands of former Interior Secretary Salazar.  Let's hope the new er-tit behaves better.

So, anything can happen in the Congressional energy world, as the busy little bees try to add things (bad things?  good things?) into these energy bills before the recess.  How come the consumers don't have a lobbyist working for their interests on Capitol Hill?  It's up to you to babysit these Congress critters!

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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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