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Bonneville subscription process /marketing plan

The Steering Committee that conducted the Comprehensive Review recommended that Bonneville use a subscription process for its long-term sales of electricity. The Pacific Northwest Utilities Conference Committee (PNUCC) is coordinating discussions between Bonneville and its customers to develop the subscription process. The group's workplan, meeting schedules and summaries are available at the Bonneville web site. The Transition Board will provide a forum for regular reporting by Bonneville and its customers on progress in this development. It will also provide a forum for comment by other interested parties on the direction that development is taking. Based on demonstrated progress, the Transition Board will evaluate the prospects for a successful subscription of Bonneville's power.

Transmission

Open and equal access to the high-voltage transmission system is essential for the establishment of a competitive wholesale market for electricity. To ensure open and equal access, the Comprehensive Review's Steering committee recommmended that the region's electrical transmission facilities be controlled by an independent grid operator. The Transition Board is monitoring the work to establish an Independent Grid Operator (IndeGO), and is participating in the discussions of the IndeGO States Task Force and the Northwest Region Transmission Association. The Transition Board expects to have regular briefings on the progress of this effort, with special focus on issues raised by the participation in IndeGO of Bonneville, which owns the largest share of the region's transmission.

The Steering Committee also recommended that Bonneville's transmission and generation assets be legally separated, and that the BPA transmission business be subject to FERC review equivalent to that applied to jurisdictional utilities. The Transition Board has formed a work group to explore the issues involved with such a separation. The work group is open to all parties who are prepared to commit the time required (see the memo to interested parties). The first meeting of the work group was held April 1, 1997 at the Northwest Power Planning Council offices at 851 S.W. 6th Avenue, Portland. For a work plan, schedule, meeting summaries and background material relating to this group, look here.

Consumer access

The Comprehensive Review resulted in a number of recommendations relating to increased consumer access to alternative suppliers of electricity. The Transition Board will communicate with state legislatures and regulatory commissions the Comprehensive Review's recommendations regarding consumer access. It will collect and summarize legislative and executive/regulatory proposals and make them available to interested parties on this web site and in print. The Transition Board will analyze proposals for their consistency with the Comprehensive Review's recommendations and for consistency among the states. It will communicate the findings of this analysis to legislatures, regulators and other regional interests. Finally, the Transition Board will evaluate the results of pilot programs of consumer access, and communicate these findings to all interested parties.

Public purposes

The Comprehensive Review's Steering Committee recommended minimum levels of support for conservation, renewable energy and service to low-income customers. The Transition Board will communicate with state legislatures and regulatory commissions regarding the recommendations of the Comprehensive Review on these public purposes. It will collect and summarize legislative and executive/regulatory actions and proposals and make them available to interested parties on this web site and in print. The Transition Board will analyze proposals for their consistency with the Comprehensive Review's recommendations and for consistency among the states. It will communicate the findings of this analysis to legislatures, regulators and other regional interests.

Legislative actions and proposals

Idaho

The Idaho legislature is adjourned. Before adjourning, it completed action on several bills and resolutions related to electricity restructuring.

  • House concurrent resolution 2 established a joint legislative study committee to review issues surrounding restructuring.
  • HB 6 appropriated $100,000 for consultant's assistance for the joint study committee.
  • HB 381, which would unbundle bills and provide for customer choice, stranded investment recovery and system benefits charges, was printed and referred to the joint study committee.
  • SB 1215, which would establish an Idaho Domestic and Rural Power Authority to create an option to insure that the citizens of Idaho benefit from the hydro resources of the Columbia River and its tributaries, was also printed and referred to the joint study committee.
  • HB 399, which directs the Idaho Public Utility Commission to obtain unbundled cost information from all Idaho utilities (both investor- and customer-owned), analyze the information and provide the information to the legislature and governor by July 1, 1997, was adopted.
  • Senate concurrent resolution 119, supports the efforts of Governor Batt to preserve the low cost of hydroelectricity being generated in Idaho for Idaho ratepayers, and supports the governor's appointment of a committee to assist him. The committee could include the Attorney General, the Director of the Department of Water Resources, the Public Utilities Commissioners (or their designees), members of the Legislature and other interested citizens.

Bill information and status can be found at www.state.id.us/legislat/track97.html.

Montana

On April 23rd, Governor Marc Racicot signed into law the Northwest's first legislation that substantially restructures the electric industry. The final version of SB 390, the "Electric Utility Industry Restructuring and Consumer Choice Act" commits the state's regulated utilities to full open access by no later than July 1, 2002. Customers with loads of 1 MW or more must have access by July 1, 1998. Utilities must implement pilot open access program for their residential and small commercial customers by July 1, 1998 although the Montana PSC has the ability to delay the implementation date for these smaller customers for up to two years if the competitive market does not develop or if there are practical feasibility or reliability problems.

Montana's new law mandates that 2.4 percent of each utility's 1995 retail sales revenues become the annual funding level for conservation, renewables and low income energy assistance. This charge takes effect January 1, 1999. Large customers with loads of 1 MW or larger will pay a universal systems benefit charge equal to the lesser of $50,000 or 0.9 mills/kWh.

Also under the legislation, all customers of PSC-regulated utilities will have the benefit of a rate freeze for two-years starting July 1, 1998. A second rate freeze will be imposed from 2000 to 2002 for residential and small commercial customers since they are not guaranteed open access until 2002. The cost to implement open access and cost of the universal system benefits charge are exempted from these freezes.

The states? locally-regulated utilities (rural co-operatives) are subject to provisions similar to the IOUs. However, they have one year from the Act's adoption to give notice that they are exempting themselves from the Act's provisions and restructuring altogether.

Transition costs (estimated by Montana Power to approximately $1 billion) are to be recovered through the issuance of "transition bonds" once their amount (if any) has been approved by the Montana PSC.

Click here to see a more detailed summary of the features of this bill.

Bill information and status can be found at www.mt.gov/leg/branch/legis.htm.

Oregon

As of June 4th , the House Power Deregulation Committee was still debating the merits of amending HR 2821 versus expanding or modifying the scope of HR 2503 that would delay electric industry restructuring until 1999 by creating a task force to study the issue. Passage of a comprehensive restructuring bill this session seems very unlikely since nearly all public utilities support a "study" bill and both PacifiCorp and PGE disagree with some of the proposed amendments.

In its current version HR 2821 would have mandated open retail access for large customers by the end of 1999 and for all customers by October 1, 2001. In addition HR 2821 deregulates generation, establishes cost-based rate-making for distribution and ancillary services, requires energy service providers to offer "market-based index rates" and reciprocity. It requires separation and unbundling of utility services and state registration of non-utility service suppliers.

With respect to public purposes, HR 2821 would dedicate the equivalent of 3% of retail electricity sales revenues to conservation, renewable resources and low-income weatherization. These funds would be administered by a board appointed by the governor.

HB 3283 has passed the House. Among other features, the bill drops the "need for power" requirement for siting large energy facilities and adopts a climate change standard for controlling greenhouse gasses.

Bill information and status can be found at www.leg.state.or.us/bills.html.

Washington

The Washington legislature, after much heated discussion, adjourned without adopting any major restructuring legislation. Senate Substitute Bill 6006 would have mandated customer choice by July 1, 1999. Small public utilities with less than 25,000 meters or with densities of seven or fewer customers per line mile were to be given until October 1, 2001 to open their systems unless their governing body voted to open the system sooner. SB6006 would have required reciprocity, registration of new electricity suppliers, and imposed new consumer protection standards.

With respect to public purposes, SB6006 required the collection of a conservation and renewable energy charge of 3% to be placed on the bills of all consumers and specified how these funds were to be allocated. The legislature was to evaluate the cost-effectiveness and need for continuation of these funds by July 1, 2002. Funding was to sunset not later that July 1, 2009.

Bill information and status can be found at www.leg.wa.gov/www/bills.htm.

Other States, Provinces

Both the Western Interstate Energy Board (WIEB), and the British Columbia Task Force on Electricity Market Reform, summarize legislative developments in industry restructuring in the western U.S. and Canada at their websites.

U.S. Congress

Six bills dealing with electric utility industry restructuring have been introduced in the 1997-98 Congress. For more details about these bills, go to National Electricity Restructuring Legislation.

Murkowski Hearings: Senator Frank Murkowski, chairman of the Senate Energy and Natural Resources Committee held three workshops on electric industry restructuring, in March and April to attempt to answer the following questions: What are the states doing to promote competition? What are the impediments to competition? What role should public power play in a competitive environment? What can Congress do? Murkowski's goal is to assure all consumers of the lowest-priced electricity consistent with reliable services. He has announced no plans to sponsor a bill.

Bliley Hearings: Rep. Thomas Bliley (R-VA), chairman of the House Commerce Committee announced on Sept. 4, 1996, that customer choice in electricity would be his "singular priority" for the 1997 Congressional session. Bliley opposes single-purpose bills that would, for example, repeal PUHCA or the mandatory power purchase provisions of PURPA. Instead, Bliley supports comprehensive approaches such those proposed by Schaefer, Markey, and Johnston. He held a series of six public hearings "outside of the beltway" beginning in April.

The California House congressional delegation sent a letter to Representative Bliley urging that the federal government let California's new restructuring bill proceed without intervention. All 52 members signed the letter which also stated "We believe that the decisions made in California on utility restructuring and competition are the right ones for our state and must have the opportunity to be fully implemented."

Executive/regulatory agencies

Idaho

Idaho Power Company has proposed to increase its monthly customer charge to pay for its contribution to the Northwest Energy Efficiency Alliance. The company says that this manner of collecting the charge will have the least impact on their competitiveness.

Idaho Governor Phil Batt has created the Governor's Council on Hydroelectric and River Resources, chaired by former U.S. Senator Jim McClure. The purposes of the Council are: 1) to establish guidelines and goals for the successful deregulation of the electricity industry; 2) to recommend principles to govern power deregulation, river operations and hydroelectric relicensing that protect water rights, fish and wildlife habitat and recreational activities; and 3) to solicit ideas and suggestions from a broad range of stakeholders. The Council will oversee four committees, focusing on hydropower relicensing, electric industry restructuring, river governance, and consumer and public purposes. See the executive order creating the Council.

Montana

Governor Marc Racicot has issued a statement of principles that he will use to judge legislation on utility industry restructuring for his signature.

Oregon

Governor John Kitzhaber issued a "Statement of Principles for Restructuring the Electric Utility Industry" on December 12, 1996. These 11 principles outline his objectives for restructuring. They address energy efficiency; renewable resources; low-income weatherization and energy assistance; consumer protection; stranded costs; reliability and competitive market issues.

The Oregon Public Utility Commission has concluded a series of workshops on restructuring. The Commission will use the workshops to identify issues that need to be addressed and may lead to further investigation of specific issues. Portland General Electric has established a retail access pilot for large customers and is designing one for small customers this summer. PacifiCorp plans to operate a pilot for large customers in Northern California, but hasn't released any plans for Oregon.

The Oregon Office of Energy recently released a status report on the weatherization of low-income housing in the state. The report includes five recommendations to improve the state's low-income weatherization programs. It also includes considerable data on the historical levels of low income weatherization activity and the remaining potential need. The report is available from the Oregon Office of Energy.

Washington

Governor Gary Locke issued a "Statement of Principles for Restructuring the Electric Power Industry" on March 25, 1997. The principles cover equity of access to service by all consumers, equity of taxes and burden of stranded costs, local control of consumer-owned utilities, support for efficiency and renewable energy, and maintenance of the reliability of the system.

Federal Agencies

Nuclear Regulatory Commission: In September 1996, the NRC published, for public comment, a draft policy statement on "restructuring and economic regulation of the electric utility industry." NRC is concerned over the anticipated desegregation of the industry into separate companies which could affect the licensing basis under which the NRC originally found a licensee to be financially qualified to construct, operate or own its nuclear power plant. The draft policy calls for adhering to a standard review plan which is under development. The plan will address financial qualification, decommissioning assurance, and antitrust issues. Comments on the draft policy statement were due by February 7, 1997.

The Department of Justice: The DOJ Anti-Trust Division, warned states to be careful in implementing their retail wheeling regulations so that the complying utilities are not opened to anti-trust actions. DOJ's Jade Eaton, addressing a conference in Washington, D.C. in March, stated that "If a state institutes a retail competition program, it must say explicitly how the program will be implemented, and must supervise the implementation."

Links to ...

  • IndeGO - The independent grid operator proposed to operate the transmission system of the Pacific Northwest, as well as Colorado, Wyoming, Utah and Nevada. Twenty-one participants are developing the rules and structure of the organization.
  • IndeGO State Task Force - A group of interested parties from utility commissions and state agencies that is monitoring the development of IndeGO and discussing policy issues related to the creation of an independent grid operator.
  • Northwest Regional Transmission Association (NRTA) - NRTA is a voluntary organization whose members include transmission providers and users, Canadian transmission users and Northwest regulatory commissions. It was formed to foster efficient, equitable and reliable use of existing and future transmission facilities and the expeditious and fair resolution of disputes related to transmission access. NRTA also provides a forum for coordination of transmission planning.

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