New York Regulators Open Formal Review of Retail Energy Markets


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New York ESCO Investigation examines retail energy markets, PSC oversight, consumer protection, pricing practices, and alleged overcharging, offering ESCOs a hearing while advancing reforms like energy efficiency, green options, and transparency for mass-market customers.

 

Key Points

A state review probing ESCO pricing, marketing, and customer impacts to enforce reforms and consumer protection.

✅ Examines pricing, marketing, and overcharge claims

✅ May require energy efficiency or management services

✅ Seeks consumer protection, transparency, and fair savings

 

The New York Public Service Commission has launched a formal investigation into the state's retail energy markets, ensuring so-called energy service companies (ESCOs) will face continued scrutiny. Regulators' notice, issued last week, follows on New York Gov. Andrew Cuomo (D) proposal to limit the operations of ESCOs, over concerns residential customers were routinely being overcharged. Regulators say they will allow the retail providers the chance to defend their marketing and pricing schemes, and will then "push ahead with reforms", similar to Connecticut's market overhaul to ensure they are appropriately serving customers. 

In February, Gov. Cuomo launched the opening salvo at retail electric marketers who are potentially overcharging customers, laying out a set of new rules that included prohibitions on sales to low-income customers, and consumer safeguards like a utility disconnection moratorium during emergencies, and new requirements on savings and green energy options.

A judge subsequently put the new rules on hold, arguing that Cuomo's push failed to offer energy marketers "an opportunity to be heard in a meaningful manner and at a meaningful time." But last week's notice from the PSC will ensure those marketers will face scrutiny.

The New York Department of Public Service issued a statement announcing the review, saying that for too long the agency "has seen substantial overcharges and deceptive practices by the ESCO industry harming New York consumers. "

The DPS said it intends to give retail providers the "opportunity to explain their pricing practices and to hear from consumers who have been harmed by these practices," and noted that policies such as suspending utility shut-offs can serve as consumer backstops, but then will "push ahead with reforms to ensure that ESCOs provide useful, value-added, economical services to New York consumers."

About 20% of New York's residential customers get their energy from an independent company, and the state is moving to crack down on the industry amid reports of overcharging, even as states push for renewable energy that can affect retail offerings. Platts reports that since 2014, by some estimates retail marketers have charged customers about $800 million more than traditional utilities would have billed for energy.

In the commission's notice, regulators argue "commodity price differentiation has not worked, and the market for
differentiated services is immature or non-existent. ... If ESCOs were truly living up to the promise of their function as innovators, it is expected that there would be much greater variety and transparency in the market for goods and services."

Among the primary issues to be discussed in the upcoming investigation, according to regulators' notice: Whether ESCOs should be "prohibited in total or in part from serving their current products to mass-market customers, or whether ESCOs should be required to offer value-added energy efficiency and energy management services as a condition to offering commodity services."

Track I initial prefiled testimony and exhibits will be due April 7, 2017, while debates such as Massachusetts' solar demand charge and TOU pricing changes highlight the broader rate design stakes.

Source: Utiliti DIVE

 

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Coal CEO blasts federal agency's decision on power grid

FERC Rejects Trump Coal Plan, denying subsidies for coal-fired and nuclear plants as energy policy shifts toward natural gas and renewables, citing no grid reliability threat and warning about electricity prices and market impacts.

 

Key Points

FERC unanimously rejected subsidies for coal and nuclear plants, finding no grid reliability risk from retirements.

✅ Unanimous FERC vote rejects coal and nuclear compensation

✅ Cites no threat to grid reliability from plant retirements

✅ Opponents warned subsidies would distort power markets and prices

 

A decision by an independent energy agency to reject the Trump administration’s electricity pricing plan to bolster the coal industry could lead to more closures of coal-fired power plants and the loss of thousands of jobs, a top coal executive said Tuesday.

Robert Murray, CEO of Ohio-based Murray Energy Corp., called the action by the Federal Energy Regulatory Commission “a bureaucratic cop-out” that will raise the cost of electricity and jeopardize the reliability and security of the nation’s electric grid.

“While FERC commissioners sit on their hands and refuse to take the action directed by Energy Secretary Rick Perry and President Donald Trump, the decommissioning of more coal-fired and nuclear plants could result, further jeopardizing the reliability, resiliency and security of America’s electric power grids,” Murray said. “It will also raise the cost of electricity for all Americans.”

The five-member energy commission voted unanimously Monday to reject Trump’s plan to reward nuclear and coal-fired power plants for adding reliability to the nation’s power grid. The plan would have made the plants eligible for billions of dollars in government subsidies and help reverse a tide of bankruptcies and loss of market share suffered by the once-dominant coal industry as utilities' shift to natural gas and renewable energy continues.

The Republican-controlled commission said there’s no evidence that any past or planned retirements of coal-fired power plants pose a threat to reliability of the nation’s electric grid.

Murray disputed that and said the recent cold snap that hit the East Coast showed coal’s value, as power users in the Southeast were asked to cut back on electricity usage because of a shortage of natural gas. “If it were not for the electricity generated by our nation’s coal-fired and nuclear power plants, we would be experiencing massive brownouts risk and blackouts in this country,” he said.

Murray Energy is the largest privately owned coal company in the United States, with mining operations in Ohio, Illinois, Kentucky, Utah and West Virginia. Robert Murray, a Trump friend and political supporter, has been pushing hard for federal assistance for his industry. The Associated Press reported last year that Murray asked the Trump administration to issue an emergency order protecting coal-fired power plants from closing. Murray warned that failure to act could cause thousands of coal miners to be laid off and force his largest customer, Ohio-based FirstEnergy Solutions, into bankruptcy.

Perry ultimately rejected Murray’s request, but later asked energy regulators to boost coal and nuclear plants as the administration moved to replace the Clean Power Plan with a more limited approach.

The plan drew widespread opposition from business and environmental groups that frequently disagree with each other, even as some coal and business interests backed the EPA's Affordable Clean Energy rule in court.

Jack Gerard, president and CEO of the American Petroleum Institute, said Tuesday that the Trump plan was “far too narrow” in its focus on power sources that maintain a 90-day fuel supply.

API, the largest lobbying group for oil and gas industry, supports coal and other energy sources, Gerard said, “but we should not put our eggs in an individual basket defined as a 90-day fuel supply (while) unnecessarily intervening in private markets.”

 

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Americans Keep Using Less and Less Electricity

U.S. Electricity Demand Decoupling signals GDP growth without higher load, driven by energy efficiency, LED adoption, services-led output, and rising renewables integration with the grid, plus EV charging and battery storage supporting decarbonization.

 

Key Points

GDP grows as electricity use stays flat, driven by efficiency, renewables, and a shift toward services and output.

✅ LEDs and codes cut residential and commercial load intensity.

✅ Wind, solar, and gas gain share as coal and nuclear struggle.

✅ EVs and storage can grow load and enable grid decarbonization.

 

By Justin Fox

Economic growth picked up a little in the U.S. in 2017. But electricity use fell, with electricity sales projections continuing to decline, according to data released recently by the Energy Information Administration. It's now been basically flat for more than a decade:


 

Measured on a per-capita basis, electricity use is in clear decline, and is already back to the levels of the mid-1990s.

 


 

Sources: U.S. Energy Information Administration, U.S. Bureau of Economic Analysis

*Includes small-scale solar generation from 2014 onward

 

I constructed these charts to go all the way back to 1949 in part because I can (that's how far back the EIA data series goes) but also because it makes clear what a momentous change this is. Electricity use rose and rose and rose and then ... it didn't anymore.

Slower economic growth since 2007 has been part of the reason, but the 2017 numbers make clear that higher gross domestic product no longer necessarily requires more electricity, although the Iron Law of Climate is often cited to suggest rising energy use with economic growth. I wrote a column last year about this big shift, and there's not a whole lot new to say about what's causing it: mainly increased energy efficiency (driven to a remarkable extent by the rise of LED light bulbs), and the continuing migration of economic activity away from making tangible things and toward providing services and virtual products such as games and binge-watchable TV series (that are themselves consumed on ever-more-energy-efficient electronic devices).

What's worth going over, though, is what this means for those in the business of generating electricity. The Donald Trump administration has made saving coal-fired electric plants a big priority; the struggles of nuclear power plants have sparked concern from multiple quarters. Meanwhile, U.S. natural gas production has grown by more than 40 percent since 2007, thanks to hydraulic fracturing and other new drilling techniques, while wind and solar generation keep making big gains in cost and market share. And this is all happening within the context of a no-growth electricity market.

In China, a mystery in China's electricity data has complicated global comparisons.

 

Here are the five main sources of electric power in the U.S.:


 

The big story over the past decade has been coal and natural gas trading places as the top fuel for electricity generation. Over the past year and a half coal regained some of that lost ground as natural gas prices rose from the lows of early 2016. But with overall electricity use flat and production from wind and solar on the rise, that hasn't translated into big increases in coal generation overall.

Oh, and about solar. It's only a major factor in a few states (California especially), so it doesn't make the top five. But it's definitely on the rise.

 

 

What happens next? For power generators, the best bet for breaking out of the current no-growth pattern is to electrify more of the U.S. economy, especially transportation. A big part of the attraction of electric cars and trucks for policy-makers and others is their potential to be emissions-free. But they're only really emissions-free if the electricity used to charge them is generated in an emissions-free manner -- creating a pretty strong business case for continuing "decarbonization" of the electric industry. It's conceivable that electric car batteries could even assist in that decarbonization by storing the intermittent power generated by wind and solar and delivering it back onto the grid when needed.

I don't know exactly how all this will play out. Nobody does. But the business of generating electricity isn't going back to its pre-2008 normal. 

 

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Energy Efficiency and Demand Response Can Nearly Level Southeast Electricity Demand for More than a Decade

Southeast Electricity Demand Forecast examines how energy efficiency, photovoltaics, electric vehicles, heat pumps, and demand response shape grid needs, stabilize load through 2030, shift peaks, and inform utility planning across the region.

 

Key Points

An outlook of load shaped by efficiency, solar, EVs, with demand response keeping usage steady through 2030.

✅ Stabilizes regional demand through 2030 under accelerated adoption

✅ Energy efficiency and demand response are primary levers

✅ EVs and heat pumps drive growth post 2030; shift winter peaks

 

Electricity markets in the Southeast are facing many changes on the customer side of the meter. In a new report released today, we look at how energy efficiency, photovoltaics (solar electricity), electric vehicles, heat pumps, and demand response (shifting loads from periods of high demand) might affect electricity needs in the Southeast.

We find that if all of these resources are pursued on an accelerated basis, electricity demand in the region can be stabilized until about 2030.

After that, demand will likely grow in the following decade because of increased market penetration of electric vehicles and heat pumps, but energy planners will have time to deal with this growth if these projections are borne out. We also find that energy efficiency and demand response can be vital for managing electricity supply and demand in the region and that these resources can help contain energy demand growth, reducing the impact of expensive new generation on consumer wallets.

 

National trends

This is the second ACEEE report looking at regional electricity demand. In 2016, we published a study on electricity consumption in New England, finding an even more pronounced effect. For New England, with even more aggressive pursuit of energy efficiency and these other resources, consumption was projected to decline through about 2030, before rebounding in the following decade.

These regional trends fit into a broader national pattern. In the United States, electricity consumption has been characterized by flat electricity demand for the past decade. Increased energy efficiency efforts have contributed to this lack of consumption growth, even as the US economy has grown since the Great Recession. Recently, the US Energy Information Administration (EIA – a branch of the US Department of Energy) released data on US electricity consumption in 2016, finding that 2016 consumption was 0.3% below 2015 consumption, and other analysts reported a 1% slide in 2023 on milder weather.

 

Five scenarios for the Southeast

ACEEE’s new study focuses on the Southeast because it is very different from New England, with warmer weather, more economic growth, and less-aggressive energy efficiency and distributed energy policies than the Northeast. For the Southeast, we examined five scenarios: a business-as-usual scenario; two alternative scenarios with progressively higher levels of energy efficiency, photovoltaics informed by a solar strategy for the South that is emerging regionally, electric vehicles, heat pumps, and demand response; and two scenarios combining high numbers of electric vehicles and heat pumps with more modest levels of the other resources. This figure presents electricity demand for each of these scenarios:

Over the 2016-2040 period, we project that average annual growth will range from 0.1% to 1.0%, depending on the scenario, much slower than historic growth in the region. Energy efficiency is generally the biggest contributor to changes in projected 2040 electricity consumption relative to the business-as-usual scenario, as shown in the figure below, which presents our accelerated scenario that is based on levels of energy efficiency and other resources now targeted by leading states and utilities in the Southeast.

To date, Entergy Arkansas has achieved the annual efficiency savings as a percent of sales shown in the accelerated scenario and Progress Energy (a division of Duke Energy) has nearly achieved those savings in both North and South Carolina. Sixteen states outside the Southeast have also achieved these savings statewide.

The efficiency savings shown in the aggressive scenario have been proposed by the Arkansas PSC. This level of savings has already been achieved by Arizona as well as six other states. Likewise, the demand response savings we model have been achieved by more than 10 utilities, including four in the Southeast. The levels of photovoltaic, electric vehicle, and heat pump penetration are more speculative and are subject to significant uncertainty.

We also examined trends in summer and winter peak demand. Most utilities in the Southeast have historically had peak demand in the summer, often seeing heatwave-driven surges that stress operations across the Eastern U.S., but our analysis shows that winter peaks will be more likely in the region as photovoltaics and demand response reduce summer peaks and heat pumps increase winter peaks.

 

Why it’s vital to plan broadly

Our analysis illustrates the importance of incorporating energy efficiency, demand response, and photovoltaics into utility planning forecasts as utility trends to watch continue to evolve. Failing to include these resources leads to much higher forecasts, resulting in excess utility system investments, unnecessarily increasing customer electricity rates. Our analysis also illustrates the importance of including electric vehicles and heat pumps in long-term forecasts. While these technologies will have moderate impacts over the next 10 years, they could become increasingly important in the long run.

We are entering a dynamic period of substantial uncertainty for long-term electricity sales and system peaks, highlighted by COVID-19 demand shifts that upended typical patterns. We need to carefully observe and analyze developments in energy efficiency, photovoltaics, electric vehicles, heat pumps, and demand response over the next few years. As these technologies advance, we can create policies to reduce energy bills, system costs, and harmful emissions, drawing on grid reliability strategies tested in Texas, while growing the Southeast’s economy. Resource planners should be sure to incorporate these emerging trends and policies into their long-term forecasts and planning.

 

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Yale Report on Western Grid Integration: Just Say Yes

Western Grid Integration aligns CAISO with a regional transmission operator under FERC oversight, boosting renewables, reliability, and cost savings while respecting state energy policy, emissions goals, and utility regulation across the West.

 

Key Points

Western Grid Integration lets CAISO operate under FERC to cut costs, boost reliability, and accelerate renewables.

✅ Lowers wholesale costs via wider dispatch and resource sharing

✅ Improves reliability with regional balancing and reserves

✅ Preserves state policy authority under FERC oversight

 

A strong and timely endorsement for western grid integration forcefully rebuts claims that moving from a balkanized system with 38 separate entities to a regional operation could introduce environmental problems, raise costs, or, as critics warn, export California’s energy policies to other western states, or open state energy and climate policies to challenge by federal regulators. In fact, Yale University’s Environmental Protection Clinic identifies numerous economic and environmental benefits from allowing the California Independent System Operator to become a regional grid operator.

The groundbreaking report comprehensively examines the policy and legal merits of allowing the California Independent System Operator (CAISO) to become a regional grid operator, open to any western utility or generator that wants to join, as similar market structure overhauls proceed in New England.

The Yale report identifies the increasing constraints that today’s fragmented western grid imposes on system-wide electricity costs and reliability, addresses the potential benefits of integration, and evaluates  potential legal risks for the states involved. California receives particular attention because its legislature is considering the first step in the grid integration process, which involves authorizing the CAISO to create a fully independent board, even as it examines revamping electricity rates to clean the grid (other western states are unlikely to approve joining an entity whose governance is determined solely by California’s governor and legislature, as is the case now).

 

Elements of the report

The analysis examined all of California’s key energy and climate policies, from its cap on carbon emissions to its renewable energy goals and its pollution standards for power plants, and concludes that none would face additional legal risks under a fully integrated western grid. The operator of such a grid would be regulated by an independent federal agency (the Federal Energy Regulatory Commission)—but so is the CAISO itself, now and since its inception, by virtue of its extended involvement in interstate electricity commerce throughout the West. 

And if empowered to serve the entire region, the CAISO would not interfere with the longstanding rights of California and other states to regulate their utilities’ investments or set energy and climate policies. The study points out that grid operators don’t set energy policies for the states they serve; they help those states minimize costs, enhance reliability in the wake of California blackouts across the state, and avoid unnecessary pollution.

And as to whether an integrated grid would help renewable energy or fossil fuels, the report finds that renewable resources would be the inevitable winners, thanks to their lower operating costs, although the most important winners would be western utility customers, through lower bills, expanded retail choice options, and improved reliability.

 

Call to action

The Yale report concludes with what amounts to a call to action for California’s legislators:

“In sum, enhanced Western grid integration in general, and the emergence of a regional system operator in particular, would not expose California’s clean energy policies to additional legal risks. Shifting to a regional grid operator would enable more efficient, affordable and reliable integration of renewable resources without increasing the legal risk to California’s clean energy policies.”

The authors of the analysis, from the Yale Law School and the Yale School of Forestry and Environmental Studies, are Juliana Brint, Josh Constanti, Franz Hochstrasser. and Lucy Kessler. They dedicated months to the project, consulted with a diverse group of reviewers, and made the trek from New Haven to Folsom, CA, to visit the California Independent System Operator and interview key staff members.

 

 

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Why power companies should be investing in carbon-free electricity

Noncarbon Electricity Investment Strategy helps utilities hedge policy uncertainty, carbon tax risks, and emissions limits by scaling wind, solar, and CCS, avoiding stranded assets while balancing costs, reliability, and climate policy over decades.

 

Key Points

A strategy for utilities to invest 20-30 percent of capacity in low carbon sources to hedge emissions and carbon risks.

✅ Hedges future carbon tax and emissions limits

✅ Targets 20-30 percent of new generation from clean sources

✅ Reduces stranded asset risk and builds renewables capacity

 

When utility executives make decisions about building new power plants, a lot rides on their choices. Depending on their size and type, new generating facilities cost hundreds of millions or even billions of dollars. They typically will run for 40 or more years — 10 U.S. presidential terms. Much can change during that time.

Today one of the biggest dilemmas that regulators and electricity industry planners face is predicting how strict future limits on greenhouse gas emissions will be. Future policies will affect the profitability of today’s investments. For example, if the United States adopts a carbon tax 10 years from now, it could make power plants that burn fossil fuels less profitable, or even insolvent.

These investment choices also affect consumers. In South Carolina, utilities were allowed to charge their customers higher rates to cover construction costs for two new nuclear reactors, which have now been abandoned because of construction delays and weak electricity demand. Looking forward, if utilities are reliant on coal plants instead of solar and wind, it will be much harder and more expensive for them to meet future emissions targets, even as New Zealand's electrification push accelerates abroad. They will pass the costs of complying with these targets on to customers in the form of higher electricity prices.

With so much uncertainty about future policy, how much should we be investing in noncarbon electricity generation in the next decade? In a recent study, we proposed optimal near-term electricity investment strategies to hedge against risks and manage inherent uncertainties about the future.

We found that for a broad range of assumptions, 20 to 30 percent of new generation in the coming decade should be from noncarbon sources such as wind and solar energy across markets. For most U.S. electricity providers, this strategy would mean increasing their investments in noncarbon power sources, regardless of the current administration’s position on climate change.

Many noncarbon electricity sources — including wind, solar, nuclear power and coal or natural gas with carbon capture and storage — are more expensive than conventional coal and natural gas plants. Even wind power, which is often mentioned as competitive, is actually more costly when accounting for costs such as backup generation and energy storage to ensure that power is available when wind output is low.

Over the past decade, federal tax incentives and state policies designed to promote clean electricity sources spurred many utilities to invest in noncarbon sources. Now the Trump administration is shifting federal policy back toward promoting fossil fuels. But it can still make economic sense for power companies to invest in more expensive noncarbon technologies if we consider the potential impact of future policies.

How much should companies invest to hedge against the possibility of future greenhouse gas limits? On one hand, if they invest too much in noncarbon generation and the federal government adopts only weak climate policies throughout the investment period, utilities will overspend on expensive energy sources.

On the other hand, if they invest too little in noncarbon generation and future administrations adopt stringent emissions targets, utilities will have to replace high-carbon energy sources with cleaner substitutes, which could be extremely costly.

 

Economic modeling with uncertainty

We conducted a quantitative analysis to determine how to balance these two concerns and find an optimal investment strategy given uncertainty about future emissions limits. This is a core choice that power companies have to make when they decide what kinds of plants to build.

First we developed a computational model that represents the sectors of the U.S. economy, including electric power. Then we embedded it within a computer program that evaluates decisions in the electric power sector under policy uncertainty.

The model explores different electric power investment decisions under a wide range of future emissions limits with different probabilities of being implemented. For each decision/policy combination, it computes and compares economy-wide costs over two investment periods extending from 2015 to 2030.

We looked at costs across the economy because emissions policies impose costs on consumers and producers as well as power companies. For example, they may lead to higher electricity, fuel or product prices. By seeking to minimize economy-wide costs, our model identifies the investment decision that produces the greatest overall benefits to society.

 

More investments in clean generation make economic sense

We found that for a broad range of assumptions, the optimal investment strategy for the coming decade is for 20 to 30 percent of new generation to be from noncarbon sources. Our model identified this as the best level because it best positions the United States to meet a wide range of possible future policies at a low cost to the economy.

From 2005-2015, we calculated that about 19 percent of the new generation that came online was from noncarbon sources. Our findings indicate that power companies should put a larger share of their money into noncarbon investments in the coming decade.

While increasing noncarbon investments from a 19 percent share to a 20 to 30 percent share of new generation may seem like a modest change, it actually requires a considerable increase in noncarbon investment dollars. This is especially true since power companies will need to replace dozens of aging coal-fired power plants that are expected to be retired.

In general, society will bear greater costs if power companies underinvest in noncarbon technologies than if they overinvest. If utilities build too much noncarbon generation but end up not needing it to meet emissions limits, they can and will still use it fully. Sunshine and wind are free, so generators can produce electricity from these sources with low operating costs.

In contrast, if the United States adopts strict emissions limits within a decade or two, they could prevent carbon-intensive generation built today from being used. Those plants would become “stranded assets” — investments that are obsolete far earlier than expected, and are a drain on the economy.

Investing early in noncarbon technologies has another benefit: It helps develop the capacity and infrastructure needed to quickly expand noncarbon generation. This would allow energy companies to comply with future emissions policies at lower costs.

 

Seeing beyond one president

The Trump administration is working to roll back Obama-era climate policies such as the Clean Power Plan, and to implement policies that favor fossil generation. But these initiatives should alter the optimal strategy that we have proposed for power companies only if corporate leaders expect Trump’s policies to persist over the 40 years or more that these new generating plants can be expected to run.

Energy executives would need to be extremely confident that, despite investor pressure from shareholders, the United States will adopt only weak climate policies, or none at all, into future decades in order to see cutting investments in noncarbon generation as an optimal near-term strategy. Instead, they may well expect that the United States will eventually rejoin worldwide efforts to slow the pace of climate change and adopt strict emissions limits.

In that case, they should allocate their investments so that at least 20 to 30 percent of new generation over the next decade comes from noncarbon sources. Sustaining and increasing noncarbon investments in the coming decade is not just good for the environment — it’s also a smart business strategy that is good for the economy.

 

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Massachusetts stirs controversy with solar demand charge, TOU pricing cut

Massachusetts Solar Net Metering faces new demand charges and elimination of residential time-of-use rates under an MDPU order, as Eversource cites grid cost fairness while clean energy advocates warn of impacts on distributed solar growth.

 

Key Points

Policy letting solar customers net out usage with exports; MDPU now adds demand charges and ends TOU rates.

✅ New residential solar demand charges start Dec 31, 2018.

✅ Optional residential TOU rates eliminated by MDPU order.

✅ Eversource cites grid cost fairness; advocates warn slower solar.

 

A recent Massachusetts Department of Public Utilities' rate case order changes the way solar net metering works and eliminates optional residential time-of-use rates, stirring controversy between clean energy advocates and utility Eversource and potential consumer backlash over rate design.

"There is a lot of room to talk about what net-energy metering should look like, but a demand charge is an unfair way to charge customers," Mark LeBel, staff attorney at non-profit clean energy advocacy organization Acadia Center, said in a Tuesday phone call. Acadia Center is an intervenor in the rate case and opposed the changes.

The Friday MDPU order implements demand charges for new residential solar projects starting on December 31, 2018. Such charges are based on the highest peak hourly consumption over the course of a month, regardless of what time the power is consumed.

Eversource contends the demand charge will more fairly distribute the costs of maintaining the local power grid, echoing minimum charge proposals aimed at low-usage customers. Net metering is often criticized for not evenly distributing those costs, which are effectively subsidized by non-net-metered customers.

"What the demand charge will do is eliminate, to the extent possible, the unfair cross subsidization by non-net-metered customers that currently exists with rates that only have kilowatt-hour charges and no kilowatt demand, Mike Durand, Eversource spokesman, said in a Tuesday email. 

"For net metered facilities that use little kilowatt-hours, a demand charge is a way to charge them for their fair share of the cost of the significant maintenance and upgrade work we do on the local grid every day," Durand said. "Currently, their neighbors are paying more than their share of those costs."

It will not affect existing facilities, Durand said, only those installed after December 31, 2018.

Solar advocates are not enthusiastic about the change and see it slowing the growth of solar power, particularly residential rooftop solar, in the state.

"This is a terrible outcome for the future of solar in Massachusetts," Nathan Phelps, program manager of distributed generation and regulatory policy at solar power advocacy group Vote Solar, said in a Tuesday phone call.

"It's very inconsistent with DPU precedent and numerous pieces of legislation passed in the last 10 years," Phelps said. "The commonwealth has passed several pieces of legislation that are supportive of renewable energy and solar power. I don't know what the DPU was thinking."

 

TIME-OF-USE PRICING ELIMINATED

It does not matter when during the month peak demand occurs -- which could be during the week in the evening -- customers will be charged the same as they would on a hot summer day, LeBel said. Because an individual customer's peak usage does not necessarily correspond to peak demand across the utility's system, consumers are not being provided incentives to reduce energy usage in a way that could benefit the power system, Acadia Center said in a Tuesday statement.

However, Eversource maintains that residential customer distribution peaks based on customer load profiles do not align with basic service peak periods, which are based on Independent System Operator New England's peaks that reflect market-based pricing, even as a Connecticut market overhaul advances in the region, according to the MDPU order.

"The residential Time of Use rates we're eliminating are obsolete, having been designed decades ago when we were responsible for both the generation and the delivery of electricity," Eversource's Durand said.

"We are no longer in the generation business, having divested of our generation assets in Massachusetts in compliance with the law that restructured of our industry back in the late 1990s. Time Varying pricing is best used with generation rates, where the price for electricity changes based on time of day and electricity demand and can significantly alter electric bills for households," he said.

Additionally, only 0.02% of residential customers take service on Eversource's TOU rates and it would be difficult for residential customers to avoid peak period rates because they do not have the ability to shift or reduce load, according to the order.

"The Department allowed the Companies' proposal to eliminate their optional residential TOU rates in order to consolidate and align their residential rates and tariffs to better achieve the rate structure goal of simplicity," the MDPU said in the order.

 

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