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Electrical Deregulation and Customer Choice Task Force

MINUTES OF

ELECTRICAL DEREGULATION AND CUSTOMER CHOICE TASK FORCE

May 21, 1998 - 9:00 a.m. - Room 303 State Capitol


Members Present:
    
Sen. Leonard M. Blackham, Chair
    Rep. Beverly Ann Evans, Chair
    Sen. Lorin V. Jones
    Sen. Eddie "Ed" P. Mayne
    Sen. Millie M. Peterson
    Sen. Michael G. Waddoups
    Rep. Ralph Becker
    Rep. Judy Ann Buffmire
    Rep. Christine R. Fox-Finlinson
    Rep. Kevin S. Garn
    Rep. J. Brent Haymond
    Rep. David Ure
    


Staff Present:
    
Brian Allred,
        Research Analyst
    Robert H. Rees,
        Associate General Counsel
    Patricia Owen,
        Associate General Counsel
    Beverlee LeCheminant,
        Legislative Secretary


Note: Copies of information distributed during the meeting are on file in the Office of Legislative Research and General Counsel

1.    Welcome - Approval of Minutes of April 23, 1998

    Sen. Blackham called the meeting to order at 9:15 a.m.

     MOTION: Sen. Peterson moved to approve the minutes of the April 23, 1998 meeting. The motion passed unanimously.

2.    Review of Litigation Related to Restructuring - Mr. Robert H. Rees, Associate General Counsel, gave an overview of state and federal litigation that has resulted from restructuring initiatives. He presented information on where litigation is happening; who the parties are; what issues are being raised; and how the courts are resolving the issues. He provided task force members with printed copies of his slide presentation.

     MOTION: Rep. Fox-Finlinson moved that the task force direct staff to survey state agencies and groups that may benefit by aggregating state power and hear a report on what benefits of the experience they would receive in their role as consumers of electrical power. The motion passed unanimously.

3.    Regional Retail Electricity Pricing under Regulation and Competition -

    a.    Background - Ms. Patricia Owen, Associate General Counsel, gave some background information on regional retail electricity pricing under regulation and competition. She told the task force that her information contains a structure of the issues and does not necessarily provide answers.

She indicated that staff has asked a panel to present information under two scenarios: widespread restructuring in the western region in which Utah participates; and restructuring by only a few states in the western region in which Utah does not participate or postpones its participation. The three questions the panel is to address under these two scenarios are: 1) What will Utah prices be as compared regionally? 2) What factors impact those prices? and 3) Will the price impacts differ by class?

    b.    Mr. J. Alan Beamon, Energy Information Administration (EIA), U.S. Department of Energy, presented some information from a report on retail electricity pricing under regulation and competition the EIA has put together. He also discussed the update the EIA is currently working on. He indicated that the key price drivers are: efficiency improvements and cost reductions; fuel prices in existing and new stock; and movement from average costs to marginal costs. Mr. Beamon said that some of the uncertainties are: treatment of nonfuel O & M and general and administrative costs of competition; the degree of market power that will evolve; competitive prices for various customer classes; the degree to which competition induces additional efficiency improvements and technological innovation; cost of capital under competition; potential for efficiency improvements in transmission and distribution costs; and timing of restructuring. He summarized his presentation by stating that while many areas of the country may see lower electricity prices in general, the northwest is likely to see somewhat higher prices. The exact level of prices is uncertain, but will be driven by the utilities' ability to make efficiency improvements and consumer response to price changes. The impacts will also vary significantly among regions and among utilities within regions.
    c.    Discussion Panel

    PacifiCorp - Mr. Doug Larsen made some comparisons between Utah and California. He indicated that California's market opened up in theory in April of this year, but the real savings that will occur in that market will not occur until the year 2003 when the transition charge phases out. Mr. Larsen stated that even though customers have choice in California, the state is doing a market credit approach on customer's bills where it takes a four-week average of the price of power out of the power exchange which is then credited against a customer's generation cost or their bill. To the extent that the customer wants to go into the competitive market and either contract with someone or buy power at the exchange, then they can do that to the extent that it can be done for less than whatever that market credit is. Some of California's large marketers have essentially pulled out of the residential sector and PacifiCorp has decided that it will not market on a retail basis in California because there is not any savings until the transition charge is gone.

    Mr. Larsen said that in regard to the question of how a power system works in figuring out whether or not prices will be higher or lower in one region or another, that in a regulated or deregulated environment units are dispatched basically on a variable cost basis. He concluded by saying that once the stranded costs in California have been recovered, the state will be on a pure market basis and, once that occurs, it is his belief that customers will benefit from lower prices.

    Mr. Gene Coyle Committee of Consumer Services, stated that all the transmission in Utah is controlled by PacifiCorp and that is going to be an important factor in how the markets work out. The owners of transmission, even though there are open access rules with FERC, are in a position to control the market. They can reserve that capacity and can run power plants that are not economical in order to occupy the transmission reserve space audit and keep others out. He indicated that the major hole in our knowledge is how that transmission is going to work. Prices are not going to be marginal cost and the recovery of stranded costs raises prices by itself.

    Mr. Coyle said with regard to whether or not price impacts will differ by customer classes is going to depend on the institutions and the structure that is set up, but very likely small businesses and residential customers are going to be adversely impacted. One of the key elements to be figured out is how to either reserve some of the low cost generation for the small customers or set up a way in which the customers do not automatically become part of PacifiCorp's customers.

    Ms. Becky Wilson, Division of Public Utilities, distributed copies of her presentation to the task force members and stated that although the impacts of widespread restructuring on Utah prices is uncertain, Utah's annual retail generation price should lie somewhere between the highest and lowest of currently regulated generation costs. She also stated that if a few states restructure retail generation but Utah postpones or refrains from participation, Utah's annual retail generation price will continue to lie somewhere between the highest and lowest of currently regulated generation costs.

    Mr. Richard Anderson, Utah Electric Deregulation Group, distributed copies of his presentation and reviewed it with the task force members. He stated that regional averaging is not always a bad thing. The Public Service Commission has now issued its interjurisdictional allocation and went to an averaging of rates and in doing so, Utah ratepayers are going to see somewhere in the neighborhood of a $50 million rate reduction.

    Task force questions and discussion followed.

4.    Discussion of Task Force 1998 Study Plan - The task force considered a proposed study plan. Sen. Blackham reviewed and proposed a task force study plan with the task force members.

    Rep. Haymond said that the way the meeting schedule is set up, the task force will be repealed before it has a chance to consider its recommendations. He asked if the task force is working towards legislation and if it is, it should have some draft legislation to review in one of the October meetings.

    Sen. Blackham said that having legislation is an option, but that there may not be enough time in October to discuss legislation.


    Mr. Rees suggested that one option for the task force is to meet on October 8th and then move the October 22nd meeting back to October 15th. If the task force sees a need to have legislation drafted, it could change the November 5th meeting to November 12th and that would give approximately four weeks between the October 15th meeting and the November 12th meeting for the legislation to be drafted. The task force could then discuss the legislation at the November 12th meeting and have it ready to present to the interim committees.
    
    Sen. Blackham told the task force that the chairs and staff will bring another proposal regarding the meeting schedule to the June 18th meeting and will take into consideration the suggestions that have been made.

    Sen. Blackham suggested that one option would be to hold a short task force meeting while the Legislature is on its site visit in September.

    Mr. Roger Ball, Committee of Consumer Services (CCS), stated that CCS has expressed concern about how members of the general public in the state will know about the opportunities and deadlines to comment on electrical deregulation issues. He asked if it would be possible for task force staff to have the early part of the meeting schedule published widely throughout the state so that members of the general public can be aware of what is going on and can respond to the issues. He also reminded the task force that it has generally been the practice of the task force to invite comments and questions from the audience at the meetings and that has not happened in the two meetings this year. Sen. Blackham said that the meeting schedule for the task force will be put on the Internet for the general public and that members of the audience will be given the opportunity for comments and questions at future meetings.

5.    Adjourn -

    MOTION:
Sen. Jones moved to adjourn the meeting at 12:00 noon. The motion passed unanimously.


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