1978 law at center of profit debate

By Knight Ridder Tribune


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Some of the state's top utility lawyers battled over whether Westar Energy should get a chance to earn extra profit for adding wind power to the electric system that serves 674,000 customers.

At issue is a law - passed during the energy crisis of the 1970s - to allow state regulators to boost the profit potential for utilities that develop alternative energy and conservation programs. The law lets the Kansas Corporation Commission, which sets electric rates, increase a utility's rate of return on alternative energy by 0.5 to 2 percentage points.

Westar is asking for a 1 percentage point hike in potential profits from wind power, which state consumer advocates estimate could add $50 million to customers' bills over time. Westar is proposing to add 300 megawatts of wind power at a projected cost of $830 million over 20 years.

The company estimates that it will raise the average customer's bill by $2.25 a month in the project's early years. Lawyers for Westar and the Empire District Electric Co., which intervened in the case, argued that utilities should get extra income for fulfilling a state policy that encourages renewable energy.

"Our proposal is reasonable, appropriate and consistent with the law and policy of the state of Kansas," said Westar lawyer Martin Bregman.

"It is balanced from a risk perspective and economical for customers, even when Westar's reasonable request for a 1 percent premium is included."

James Flaherty, who represented Empire, said he was a young lawyer for the KCC when the state Legislature passed the law to encourage utilities to develop renewable power sources.

"It is really not that complicated to decipher the legislative intent of that statute," he said. Lawyers for the Citizens' Utility Ratepayer Board and Kansas Industrial Consumers argued that it's not that simple. KIC has proposed cutting Westar's request for extra profit potential by half; CURB wants it cut to zero.

James Zakoura, the lawyer for KIC, said the law was designed to reward companies for running the risk of investing in alternative energy, which was in its infancy in the late 1970s. Westar faces almost no risk because it is asking the commission to approve its costs and profit level before building anything, he said.

Today, every regulated utility in the state except Westar has built or bought wind power without an additional profit subsidy, added David Springe, consumer counsel for CURB, the state agency that represents residential and small-business utility customers. Like Zakoura, Springe said the statute should be interpreted in the context of 1978. "The difference between 1978 and now is that in 1978, the utility had to go out and invest in the resource," Springe said.

All the parties to the case support wind energy.

The issues are how to get it and what it will cost. In addition to Westar's profit level, the commission also will have to decide two other major issues debated at the three-day hearing: A proposal by the KCC staff to measure the performance of Westar's wind farms, rewarding the company if power production exceeds benchmarks and penalizing the company if it falls short.

The KCC staff argues that's necessary to ensure the company properly maintains the turbines. Westar said it's unacceptable because it would place the company at the mercy of the weather.

A proposal by CURB to have Westar purchase wind power under contract with a private developer, rather than owning and operating its own wind turbines. CURB said that would be cheaper.

Westar argues that the costs are similar and the company can't make money if it buys wind power and passes it along to consumers at cost. Under the company's proposal, Westar would buy half its wind power under contract and generate the other half itself.

Westar chief executive Bill Moore testified earlier this week that the company will drastically curtail or drop its wind effort if it loses on any of the major issues. Westar had rejected wind in 2004, but changed course after a 2006 meeting where Gov. Kathleen Sebelius promised the company and other Kansas utilities they would be "fully compensated" for going along with her alternative energy plans, according to a memo by former Westar chief executive James Haines that surfaced during the case.

Days after meeting with the utility executives, Sebelius announced a goal of getting 10 percent of Kansas energy from renewable sources by 2010 and 20 percent by 2020.

Westar has asked the commission to decide its case by Dec. 27 so it can close the deal on wind power before the first of the year. The company wants to get its wind farms built and running within 12 months to take advantage of tax breaks that are scheduled to expire at the end of 2008.

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Florida PSC approves Gulf Power’s purchase of renewable energy produced at municipal solid waste plant

Gulf Power renewable energy contract underscores a Florida PSC-approved power purchase from Bay County's municipal solid waste plant, delivering 13.65 MW at a fixed price, boosting fuel diversity, lowering landfill waste, and saving customers money.

 

Key Points

A fixed-price PPA for 13.65 MW from Bay County's waste-to-energy plant, approved by Florida PSC to cut costs.

✅ Fixed-price purchase; pay only for energy produced.

✅ 13.65 MW from Bay County waste-to-energy facility.

✅ Cuts landfill waste and natural gas dependency.

 

The Florida Public Service Commission (PSC) approved Tuesday a contract under which Gulf Power Company will purchase all the electricity generated by the Bay County Resource Recovery Facility, a municipal solid waste plant, similar to SaskPower-Manitoba Hydro deal structures seen elsewhere, over the next six years.

“Gulf’s renewable energy purchase promotes Florida’s fuel diversity, further reducing our dependency on natural gas,” PSC Chairperson Julie Brown said. “This renewable energy option also reduces landfill waste, saves customers money, and serves the public interest.”

The contract provides for Gulf to acquire the Panama City facility’s 13.65 megawatts of renewable generation for its customers beginning in July 2017. Gulf will pay a fixed price, aligned with approaches in Alberta's clean electricity RFP programs, and only pays for the energy produced. The contract is expected to save approximately $250,000 and provides security for customers, a contrast to overruns at the Kemper power plant project, because if the plant does not supply energy, Gulf does not have to provide payment.

This contract is the third renewable energy contract between Gulf and Bay County, at a time when the Southern California plant closures may be postponed, continuing agreements approved in 2008 and 2014. In making the decision, the PSC considered Gulf’s need for power and developments such as the Turkey Point license renewal process, as well as the contract’s cost-effectiveness, payment provisions, and performance guarantees, as required by rule.

 

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UK families living close to nuclear power stations could get free electricity

UK Nuclear Free Electricity Incentive proposes community benefits near reactors, echoing France, supporting net zero goals, energy security, and streamlined planning, while addressing regulation and judicial review challenges for Sizewell C and future nuclear projects.

 

Key Points

A proposed policy to give free power to residents near reactors, supporting net zero and energy security.

✅ Free power for communities near nuclear plants

✅ Aligns with net zero and energy security goals

✅ Seeks streamlined planning and fewer approvals

 

UK Business Secretary Jacob Rees-Mogg has endorsed a French-style nuclear system that sees people living near nuclear power stations receive free electricity.

Speaking at an event organised by Policy Exchange think tank, Jacob Rees-Mogg said: “Nuclear power is just fundamental. There’s no way we can get to net zero emissions, or even have an intelligent electricity strategy and grid reform in the UK, without nuclear.”

Highlighting that this was his view and not a government policy announcement, he said: “We should copy the French. As I understand, if you live near a nuclear power station in France, you get free electricity and that’s great because then, I’ll have two in my garden if I get free electricity for my children as well.

“I think you want to recognise that things you do that are in the national interest, such as a state-owned generation company, must benefit those who make the sacrifice for the national interest.”

Earlier Mr Rees-Mogg stressed that he would like to see a simpler development consent process for new nuclear power plants to enable the next waves of reactors in the UK, amid concerns that Europe is losing nuclear power just when it really needs energy.

He said: “That’s a lot of regulation around that, as seen when nuclear plant plans collapsed in Wales and impacted the local economy. Did you know that Sizewell C will require 140 individual approvals from arms of the state, each one of which is potentially subject to judicial review.”

 

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Cal ISO Warns Rolling Blackouts Possible, Calls For Conservation As Power Grid Strains

Cal ISO Flex Alert urges Southern California energy conservation as a Stage 2 emergency strains the power grid, with potential rolling blackouts during peak hours from 3 to 10 p.m., if demand exceeds supply.

 

Key Points

A statewide call to conserve power during high demand, issued by the grid operator to prevent rolling blackouts.

✅ Stage 2 emergency signals severe grid strain

✅ Peak Flex Alert hours: 3 to 10 p.m. statewide

✅ Set thermostats to 78 and avoid major appliances

 

Residents and businesses across Southern California were urged to conserve power Tuesday afternoon amid ongoing electricity inequities across the state as the manager of the state’s power grid warned rolling blackouts could be imminent for some power customers.

The California Independent System Operator (Cal ISO), which manages the state power grid, declared a Stage 2 emergency as of 2:30 p.m., indicating severe strain on the electrical system, similar to a recent grid alert in Alberta that relied on reserves.

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Rolling blackouts for some customers could occur in a Stage 3 emergency, distinct from the intentional shut-offs some utilities use to reduce wildfire risk.

Cal ISO issued a statewide Flex Alert in effect from 3 to 10 p.m. Tuesday and Wednesday, with conservation considered especially critical during those hours, a concern heightened by pandemic-era grid operations this year.

Officials told reporters rolling blackouts might be avoided Tuesday evening if residents repeat the level of conservation seen Monday.
“If we can get the same sort of response we got yesterday, we can minimize this, or perhaps avoid it altogether,” Cal-ISO President/CEO Steve Berberich said, noting that some operators have even planned staff lockdowns during COVID-19 to maintain reliability.

Cal-ISO controls roughly 80% of the state’s power grid through Southern California Edison, Pacific Gas and Electric Co., with the utility recently restoring power after shut-offs in affected communities, and San Diego Gas & Electric.

Residents are urged to set thermostats at 78 in the afternoon and evening hours and avoiding the use of air conditioning and major appliances during the Flex Alert hours, as utilities like PG&E prepare for winter storms to improve resilience.

 

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Are major changes coming to your electric bill?

California Income-Based Electricity Rates propose a fixed monthly fee set by income as utilities and the CPUC weigh progressive pricing, aiming to cut low-income bills while PG&E, SCE, and SDG&E retain usage-based charges.

 

Key Points

CPUC plan adds income-tiered fixed fees to lower low-income bills while keeping per-kWh usage charges.

✅ Adds fixed monthly fees by income to complement per-kWh charges

✅ Cuts bills for low-income households; higher earners pay more

✅ Utilities say revenue neutral; conservation signals preserved

 

California’s electric bills — already some of the highest in the nation — are rising as electricity prices soar across the state, but regulators are debating a new plan to charge customers based on their income level. 

Typically what you pay for electricity depends on how much you use. But the state’s three largest electric utilities — Southern California Edison Company, Pacific Gas and Electric Company and San Diego Gas & Electric Company — have proposed a plan to charge customers not just for how much energy they use, but also based on their household income, moving toward income-based flat-fee utility bills over time. Their proposal is one of several state regulators received designed to accommodate a new law to make energy less costly for California’s lowest-income customers.

Some state Republican lawmakers are warning the changes could produce unintended results, such as weakening incentives to conserve electricity or raising costs for customers using solar energy, and some have introduced a plan to overturn the charges in the Legislature.

But the utility companies say the measure would reduce electricity bills for the lowest income customers. Those residents would save about $300 per year, utilities estimate.

California households earning more than $180,000 a year would end up paying an average of $500 more a year on their electricity bills, according to the proposal from utility companies. 

The California Public Utilities Commission’s deadline for deciding on the suggested changes is July 1, 2024, as regulators face calls for action from consumers and advocates. The proposals come at a time when many moderate and low-income families are being priced out of California by rising housing costs.  

Who wants to change the fee structure?
Lawmakers passed and Gov. Gavin Newsom signed a comprehensive energy bill last summer that mandates restructuring electricity pricing across the state. 

The Legislature passed the measure in a “trailer-bill” process that limited deliberation. Included in the 21,000-word law are a few sentences requiring the public utilities commission to establish a “fixed monthly fee” based on each customer’s household income. 

A similar idea was first proposed in 2021 by researchers at UC Berkeley and the nonprofit thinktank Next 10. Their main recommendation was to split utility costs into two buckets. Fixed charges, which everyone has to pay just to be connected to the energy grid, would be based on income levels. Variable charges would depend on how much electricity you use.

Utilities say that part of customers’ bills still will be based on usage, but the other portion will reduce costs for lower- and middle-income customers, who “pay a greater percentage of their income towards their electricity bill relative to higher income customers,” the utilities argued in a recent filing. 

They said the current billing system is unjust, regressive and fails to recognize differences in energy usage among households,

“When we were putting together the reform proposal, front and center in our mind were customers who live paycheck to paycheck, who struggle to pay for essentials such as energy, housing and food,” Caroline Winn, CEO of San Diego Gas & Electric in a statement. 

The utilities say in their proposal that the changes likely would not reduce or increase their revenues.

James Sallee, an associate professor at UC Berkeley, said the utilities’ prior system of billing customers mostly by measuring their electric use to pay for what are essentially fixed costs for power is inefficient and regressive. 

The proposed changes “will shift the burden, on average, to a more progressive system that recovers more from higher income households and less from lower income households,” he said.

 

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Alliant aims for carbon-neutral electricity, says plans will save billions for ratepayers

Alliant Energy Net-Zero Carbon Plan outlines carbon-neutral electricity by 2050, coal retirements by 2040, major solar and wind additions, gas transition, battery storage, hydrogen, and carbon credits to reduce emissions and lower customer costs.

 

Key Points

Alliant Energy's strategy to reach carbon-neutral power by 2050 via coal phaseout, renewables, storage, and offsets.

✅ Targets net-zero electricity by 2050

✅ Retires all coal by 2040; expands solar and wind

✅ Uses storage, hydrogen, and offsets to bridge gaps

 

Alliant Energy has joined a small but growing group of utilities aiming for carbon-neutral electricity by 2050.

In a report released Wednesday, the Madison-based company announced a goal of “net-zero carbon dioxide emissions” from its electricity generation along with plans to eliminate all coal-powered generation by 2040, a decade earlier than the company’s previous target.

Alliant, which is pursuing plans that would make it the largest solar energy generator in Wisconsin, said it is on track to cut its 2005 carbon emissions in half by 2030.

Both goals are in line with targets an international group of scientists warn is necessary to avoid the most catastrophic impacts of climate change. But reducing greenhouse gasses was not the primary motivation, said executive vice president and general counsel Jim Gallegos.

“The primary driver is focused on our customers and communities and setting them up … to be competitive,” Gallegos said. “We do think renewables are going to do it better than fossil fuels.”

Alliant has told regulators it can save customers up to $6.5 billion over the next 35 years by adding more than 1,600 megawatts of renewable generation, closing one of its two remaining Wisconsin coal plants and taking other undisclosed actions.

In a statement, Alliant chairman and CEO John Larsen said the goal is part of broader corporate and social responsibility efforts “guided by our strategy and designed to deliver on our purpose — to serve customers and build stronger communities.”

Coal out; gas remains
The goal applies only to Alliant’s electricity generation — the company has no plans to stop distributing natural gas for heating — and is “net-zero,” meaning the company could use some form of carbon capture or purchase carbon credits to offset continuing emissions.

The plan relies heavily on renewable generation — seen in regions embracing clean power across North America — including the addition of up to 1,000 megawatts of new Wisconsin solar plants by the end of 2023 and 1,000 megawatts of Iowa wind generation added over the past four years — as well as natural gas generators to replace its aging coal fleet.

But Jeff Hanson, Alliant’s director of sustainability, said eliminating or offsetting all carbon emissions will require new tools, such as battery storage or possibly carbon-free fuels such as hydrogen, and awareness of the Three Mile Island debate over the role of nuclear power in the mix.

“Getting to the 2040 goals, that’s all based on the technologies of today,” Hanson said. “Can we get to net zero today? The challenge would be a pretty high bar to clear.”

Gallegos said the plan does not call for the construction of more large-scale natural gas generators like the recently completed $700 million West Riverside Energy Center in Beloit, though natural gas will remain a key piece of Alliant’s generation portfolio.

Alliant announced plans in May to close its 400-megawatt Edgewater plant in Sheboygan by the end of 2022, echoing how Alberta is retiring coal by 2023 as markets shift, but has not provided a date for the shutdown of the jointly owned 1,100-megawatt Columbia Energy Center near Portage, which received about $1 billion worth of pollution-control upgrades in the past decade.

Alliant’s Iowa subsidiary plans to convert its 52-year-old, 200-megawatt Burlington plant to natural gas by the end of next year and a pair of small coal-fired generators in Linn County by 2025. That leaves the 250-megawatt plant in Lansing, which is now 43 years old, and the 734-megawatt Ottumwa plant as the remaining coal-fired generators, even as others keep a U.S. coal plant running indefinitely elsewhere.

Earlier this year, the utility asked regulators to approve a roughly $900 million investment in six solar farms across the state with a total capacity of 675 megawatts, similar to plans in Ontario to seek new wind and solar to address supply needs. The company plans to apply next year for permission to add up to 325 additional megawatts.

Alliant said the carbon-neutral plan, which entails closing Edgewater along with other undisclosed actions, would save customers between $2 billion and $6.5 billion through 2055 compared to the status quo.

Tom Content, executive director of the Citizens Utility Board, said the consumer advocacy group wants to ensure that ratepayers aren’t forced to continue paying for coal plants that are no longer needed while also paying for new energy sources and would like to see a bigger role for energy efficiency and more transparency about the utilities’ pathways to decarbonization.

‘They could do better’
Environmental groups said the announcement is a step in the right direction, though they say utilities need to do even more to protect the environment and consumers.

Amid competition from cheaper natural gas and renewable energy and pressure from environmentally conscious investors, U.S. utilities have been closing coal plants at a record pace in recent years, as industry CEOs say a coal comeback is unlikely in the U.S., a trend that is expected to continue through the next decade.

“This is not industry leadership when we’re talking about emission reductions,” said Elizabeth Katt Reinders, regional campaign director for the Sierra Club, which has called on Alliant to retire the Columbia plant by 2026.

Closing Edgewater and Columbia would get Alliant nearly halfway to its emissions goals while saving customers more than $250 million over the next decade, according to a Sierra Club study released earlier this year.

“Retiring Edgewater was a really good decision. Investing in 1,000 megawatts of new solar is game-changing for Wisconsin,” Katt Reinders said. “In the same breath we can say this emissions reduction goal is unambitious. Our analysis has shown they can do far more far sooner.”

Scott Blankman, a former Alliant executive who now works as director of energy and air programs for Clean Wisconsin, said Alliant should not run the Columbia plant for another 20 years.

“If they’re saying they’re looking to get out of coal by 2040 in Wisconsin I’d be very disappointed,” Blankman said. “I do think they could do better.”

Alliant is the 15th U.S. investor-owned utility to set a net-zero target, according to the Natural Resources Defense Council, joining Madison Gas and Electric, which announced a similar goal last year. Minnesota-based Xcel Energy, which serves customers in western Wisconsin, was the first large investor-owned utility to set such a target, as state utilities report declining returns in coal operations.

 

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Ontario Ministry of Energy proposes growing hydrogen economy through reduced electricity rates

Ontario Hydrogen Strategy accelerates green hydrogen via electrolysis, reduced electricity rates, and IESO pilots, leveraging ICI, interruptible rates, and surplus power to grow clean tech, low-carbon energy, and export markets across Ontario.

 

Key Points

A provincial plan to scale green hydrogen with electricity costs, IESO pilots, and surplus power to boost tech.

✅ Amends ICI to admit hydrogen producers from 50 kW demand

✅ Enables co-located electrolysers to use surplus curtailed power

✅ Offers interruptible rates via IESO pilot for flexible loads

 

The Ontario Ministry of Energy is seeking input on accelerating Ontario’s hydrogen economy. The province has been promoting growth in the clean tech sector, including low-carbon energy production and the Hydrogen Innovation Fund, as an avenue for post-COVID-19 economic recovery. Hydrogen produced through electrolysis (or “green hydrogen”) has been central to these efforts, complimenting both federal and provincial initiatives to create vibrant domestic and export markets for the energy as a principal alternative to conventional fossil fuels.

On April 14, 2022, the Ministry filed a proposal (the Proposal) on the Environmental Registry of Ontario (ERO) to gather input from stakeholders, aligning with the province’s industrial electricity pricing consultation underway. As part of Ontario’s Hydrogen Strategy, the Ministry is considering several options that would provide reduced electricity rates for green hydrogen producers to make production more economically competitive with other energies. To date, the relatively high production cost of green hydrogen has been a challenge facing its adoption, both domestically and internationally.

The Proposal features three options:

  • Amending the rules for the Industrial Conservation Initiative (ICI) applicable to hydrogen producers;
  • Enabling onsite hydrogen production using electricity that would otherwise be curtailed; and
  • Providing an interruptible electricity rate for hydrogen producers.

Option 1: Amending the ICI rules

Option 1 would amend the ICI rules to allow all hydrogen producers with an average monthly peak demand of 50kW to participate. Hydrogen producers’ facilities could qualify for ICI in the first year of operation with a peak demand factor determined based on a deemed consumption profile, using a method yet to be determined by the Ministry. At the end of the first year, their global adjustment (GA) charges would be reconciled based on their actual consumption pattern. As set out in our prior article, GA was introduced by the province in January 2005 to ensure reliable, sustainable and a diverse supply of power at stable and competitive prices, aligning with plans to rely on battery storage to meet rising energy demand. The Ministry’s current proposal would require hydrogen producers to place a security deposit for their facilities’ first year of operation with the Independent Electricity System Operator (IESO) or their Local Distribution Company (LDC) to ensure other consumer would not be adversely affected.

Option 2: Enable onsite hydrogen production using surplus electricity

Option 2 would allow businesses to co-locate hydrogen electrolysers at electricity generation facilities, drawing on recent electrolyzer investment trends, to make use of what would become curtailed generation. Under this option in the Proposal, the developer for the hydrogen production facility would be required to be a separate legal entity from the one that owns or operates the electricity generation facility. Based on this required level of independence, the hydrogen developer would be required to pay the electricity generator for the electricity supply.

At this stage, it is not clear whether, or how the generator would be required to share the revenue with other consumers. The next steps of the Proposal may require regulatory amendments, and/or amendments to electricity generator’s contracts, consistent with efforts enabling storage in Ontario's electricity system to integrate flexible resources.

Option 3: Interruptible electricity rates for hydrogen producers

In 2021, the Ministry posted a proposal on the ERO including an Interruptible Rate Pilot that was to be developed in conjunction with the IESO in order to address stakeholder feedback received during the 2019 Industrial Consultation specific to the challenges of identifying and responding to peak demand events while participating in the ICI. The pilot was targeted towards large electricity consumers, where participants were charged GA at a reduced rate in exchange for agreeing to reduce consumption during system or local reliability events, as identified by IESO.

Option 3 would allow for the introduction for a dedicated stream for hydrogen producers into the interruptible rate pilot, which is currently under development with the IESO. This would take into account the unique circumstances of hydrogen producers, as well as the importance of the hydrogen sector in Ontario’s Low-Carbon Hydrogen Strategy. Under the pilot, participants would be given advance notice by the IESO to reduce demand over a fixed number of hours, several times each year, and emerging vehicle-to-grid models where EV owners can sell electricity back to the grid highlight additional flexibility options. Ultimately, the pilot would support low-carbon hydrogen production by offering large electricity consumers, such as hydrogen producers, reduced electricity rates in exchange for reduces consumption during system or local reliability events.

Following this initial development work, the Ministry intends to consult with stakeholders later this year to determine design details, as well as the timing for the potential roll out of the proposed pilot.

Key takeaways

The design options are not meant to be mutually exclusive, and might be pursued by the Ministry in combination. Ultimately, Ontario is focusing on ways to reduce electricity rates in an attempt to make the province a leader in the adoption of green hydrogen, as made clear in the Ontario Hydrogen Strategy, even as an electricity supply crunch looms, underscoring the urgency. Stakeholders will want to participate in this process given its long-term implications for both the hydrogen and power sectors.

 

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