| 2/20/2014 12:50:00 PM E.On wind farm remains up in the air in Grant County |
| Karla Bowsher, Chronicle-TribuneThe future of Wildcat Wind Farm’s expansion into Grant County remains unclear.After discussing the matter for about two hours, Grant County Council members took no action on a tax break for energy company E.On Climate & Renewables during their monthly meeting Wednesday night. The county had originally granted the wind farm company the abatement back in 2011, but the company had not met a clause requiring construction to start by 2013, which is why they requested an extension.
Since the original abatement and agreements were signed, a grassroots citizens group has become a vocal opponent of the project. Eventually commissioners and E.On altered terms of the deal to try and meet some of the opponents’ requests. Council member Michael Conner said he favors wind energy, while members Mike Scott and Dan Brock III said they would vote against an amended tax abatement for E.On, but none of the council’s seven members made a motion to vote on the matter. The members did the same thing during their December meeting. Several E.On representatives addressed the council Wednesday, including lawyer Mary Solada, a partner in the regional law firm Bingham Greenebaum Doll. She told council members if they did not approve the revised abatement, E.On could void the agreement it reached with the Grant County Board of Commissioners in the fall that included greater setbacks, meaning E.On would not erect wind turbines as close to homes as their original economic development agreement with the county allowed. “They could choose not to honor that,” Solada said after the meeting, declining to comment further until she conferred with E.On representatives. E.On spokesman Andy Melka could not be reached for comment after the meeting. The expansion of E.ON’s $175 million Wildcat Wind Farm project had been expected to consist of 124 turbines in the area between Converse and Point Isabel, which would have encircled Swayzee. Because of the revised setbacks, however, the project would only have consisted of 60 towers in Grant County, meaning less money for the energy company. If the agreement had been approved, construction would’ve started in December 2014 and finished in December 2015. Council President Jim McWhirt told the other council members during the meeting that he was unsure of how to answer the question of what would happen if the council did not act on the abatement. He said the future of the wind farm expansion in Grant County would probably be up to E.On. Mike Burton, board of commissioners president, also said after the meeting the next move is up to E.On. The company’s options from here include reverting to the prior agreement between E.On and the county because both the Grant County Council and the Board of Commissioners approved it, meaning both are bound by it, he said. The council’s lawyer, Phil Stephenson, agreed with Burton. “(The county) can’t just walk away from that,” said Stephenson, a partner in the Marion-based firm Spitzer Herriman Stephenson Holderead Conner and Persinger. Under the terms of the original abatement, E.On had to move forward with construction by the end of 2013. That did not happen, which is why E.On requested the abatement extension. So while E.On could opt to proceed with the expansion, whether they could still receive the original abatement is more of a gray area, Stephenson said. Indiana’s property tax abatement laws state that a company only has to “substantially” comply with the terms of an abatement to receive the tax break. And the main thing the original abatement required of E.On was to pour cement for the base of one wind turbine, Stephenson said. That means E.On could move forward with construction this year if they wanted to and argue they still “substantially” complied. “They can move forward,” Stephenson said. The council could decide not to grant or renew the abatement for future years if they wanted to and argue the company did not “substantially” comply, Stephenson said, but E.On could appeal that decision in circuit court. “The trouble is there are so many variables,” he said. “This one’s pretty complicated statutorily. That’s the problem." |
Governor Pence Names Angela Weber, Carol Stephan to Indiana Utility Regulatory Commission
FOR IMMEDIATE RELEASE
February 21, 2014
Contact: Kara Brooks
Governor Pence Names Angela Weber, Carol Stephan to Indiana Utility Regulatory Commission
Indianapolis – Governor Mike Pence today named Angela Weber and Carol Stephan to the Indiana Utility Regulatory Commission (IURC). Stephan’s appointment will be effective March 3, and Weber’s appointment will be effective March 10.
“As evidenced by her service to both her country and state, Angela Weber has demonstrated time and again her dedication and passion for serving Hoosiers,” said Governor Pence. “Her past experience will serve her well as a member of the Indiana Utility Regulatory Commission, and I am grateful for her willingness to serve.”
Angela Weber, of Franklin, currently works for Ice Miller LLP. Prior to this role, Weber served in a variety of roles including as Staff Attorney in the Indiana Department of Education, Administrative Law Judge for the IURC, and Deputy Prosecuting Attorney for the Marion County Prosecutor’s Office. From 1996 to 2000, she served as a Russian Linguist/Voice-Intercept Operator for the United States Army. Weber is a graduate of Indiana University and the Indiana University Maurer School of Law.
“Carol Stephan’s extensive legal experience and background with the Indiana Utility Regulatory Commission allow her to bring invaluable insight to the table,” said Pence. “I am confident she will work tirelessly to ensure reliable services and reasonable prices for Hoosier utilities customers.”
Carol Stephan, of Indianapolis, currently serves as Assistant General Counsel for the IURC. Stephan has previously served within State Government as General Counsel for the Indiana Office of Utility Consumer Counselor, Interim Deputy Commissioner and Director of Partner Services for the Indiana Department of Workforce Development, and Deputy Attorney General in the Bankruptcy/Inheritance Tax Division the in Office of the Attorney General of Indiana. She earned her undergraduate degree from Indiana University and her law degree from the Indiana University Robert H. McKinney School of Law.
On February 11, 2014, the IURC Nominating Committee put forth six candidates to fill current vacancies on the IURC created by the resignations of Commissioners Kari Bennett and Larry Landis.
“I extend my utmost appreciation to the Indiana Utility Regulatory Commission Nominating Committee for their diligence, integrity and commitment to public transparency throughout this process,” said the Governor.
Members of the IURC Nominating Committee are Committee Chair Gwen Horth, Eric Scroggins, John Blevins, Larry Buell, Win Moses, Michael Evans, and Michael Mullett.
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Will Duke Energy Sell its Midwest powerplants? Speculation continues after Duke denied rate increase by PUCO
Duke Energy Seeks Midwest Power Plant Sale After Rate Rejection
Citigroup Inc. and Morgan Stanley are advising Duke on the sale of stakes in the coal, oil and natural gas facilities in Ohio, Illinois and Pennsylvania that together have a capacity of 6,600 megawatts, Duke said in a statement today. The company will record a pretax charge of $1 billion to $2 billion in the first quarter from the sale, which it expects will take 12 to 18 months.
The sale of Duke’s Midwest commercial power interests may be worth $2 billion, according to Sanford C. Bernstein & Co. estimates and comes after the company failed to secure higher rates in Ohio amid plunging wholesale power prices. Duke began working with Citigroup last year on a possible sale of the Midwest plants, according to people familiar with the matter.
“We’ve been expecting this for some time,” Julien Dumoulin-Smith, a New York-based analyst for UBS AG, said today in a phone interview, noting utility investors are seeking stable returns. “We expect a lot of other publicly traded utilities will follow suit in the next 24 months.”
Ohio regulators on Feb. 13 denied Duke’s request to bill customers in the state an additional $729 million through May 31, 2015 to help cover a shortfall between power-plant costs and wholesale electricity prices. The rate request refusal “informed” the decision to sell the plants, Tom Williams, a company spokesman, said in an interview today.
Volatile Returns
“Our merchant power plants have delivered volatile returns in the challenging competitive market in the Midwest,” Lynn Good, chief executive officer of Duke, said in the statement. “The earnings profile is not a good strategic fit for Duke Energy.”
The average price of wholesale power in PJM interconnection LLC, the market for the plants Duke intends to sell, has fallen by nearly half since the 2008 recession due to lower industrial demand and a glut of cheap gas, based on the 2013 average compiled by Bloomberg.
“Sale of Ohio Genco assets would further strengthen Duke’s financial position,” Citigroup analysts led by Shahriar Pourreza wrote in a Feb. 13 note following the Ohio regulators’ decision. Duke could use sale proceeds to pay debt, acquire utility assets, or invest in solar and other renewable generation with predictable returns, the note said.
Duke said the sale would increase earnings per share, without specifying how it would use the proceeds. The 13 plants represent the bulk of Duke’s commercial power segment. Eleven of the facilities are located in Ohio, one is in Illinois and another is in Pennsylvania.
May Improve Earnings
Sale of the company’s holdings in the plants may help Duke improve its earnings if the proceeds are used to buy back shares, Hugh Wynne, a New York-based analyst for Sanford C. Bernstein & Co. wrote in a Feb. 14 note to clients.
Duke’s commercial power segment earned $27 million in the third quarter, down from $41 million in the second, according to data compiled by Bloomberg.
The utility supplies electricity to 7.2 million customers in North Carolina, South Carolina, Indiana, Ohio, Kentucky and Florida, according to its website.
Duke is scheduled to release fourth-quarter 2013 results at 7 a.m. New York time tomorrow.
To contact the reporters on this story: Jim Polson in New York at jpolson@bloomberg.net; Rebecca Penty in Calgary at rpenty@bloomberg.net
To contact the editor responsible for this story: Susan Warren at susanwarren@bloomberg.net
This is an earlier story from the Charlotte Business Journal on the same issue.
Feb 14, 2014, 5:40pm EST UPDATED: Feb 14, 2014, 5:53pm EST
Duke Energy’s Midwest fleet could go on block as Ohio nixes capacity charge
John Downey Senior Staff Writer-Charlotte Business Journal
Ohio regulators have shot down Duke Energy’s request for a capacity charge to support its Midwest power-generation fleet, increasing the likelihood that Duke will divest its stake in the 13 plants.
Duke (NYSE:DUK) executives have said for more than a year that the Public Utility Commission of Ohio’s decision on the charge would be an important factor in whether Duke would keep or sell its interest in the plants.
Duke spokesman Blair Schroeder emphasizes that Duke’s position on the capacity case has been that “the outcome will help inform our decision, not determine our decision” on the plants.
“We are reviewing the order to determine impact on the company and our customers,” he says.
Open door
Analyst Hugh Wynne, who covers Duke for Sanford C. Bernstein & Co., calculates in a report issued Friday that the commercial division that operates the Midwest plants could be worth as much as $2 billion.
“Based on our conversations with management, we believe that the PUCO’s decision opens the door for Duke Energy to consider other strategic options for its Midwest generation fleet, including a potential divestiture,” he writes in the report.
He says selling the operations and buying back stock would be slightly accretive to shareholders. But he says if Duke cannot reach an attractive deal, holding on to the commercial operations would not hurt its value.
In late November, Bloomberg reported Duke had hired the investment bank at Citigroup to work on a potential sale of the fleet.
Appeal possible
Charlotte-based Duke asked the Ohio commission in August 2012 to allow it to collect an estimated $728 million in capacity costs at an undetermined future date. Duke based its request on a July 2012 decision by the commission to allow American Electric Power to collect such costs.
The commission denied the request on several grounds. But at the heart of its argument was Duke’s Electric Security Plan, which the commission approved in 2011. The commission says that plan contained a provision for $110 million a year in charges to customers for capacity costs.
The commission says Duke could file to recover the money it proposes as a rate increase. Duke can also appeal the ruling.
Schroeder says no decision will be made on how to proceed until the company finishes digesting the 66-page order. He said the company may have a better idea about the impact of the order by early next week.
John Downey covers the energy industry and public companies for the Charlotte Business Journal.
What is “decoupling” and why is it important to the utility energy conservation debate?
Has Minnesota lost its champion for utility revenue reform?
Posted on by Dan Haugen, Midwest Energy News
(Photo by Michael Krigsman via Creative Commons)
After a three-year pilot program that won praise from state officials and environmental groups, Minnesota’s largest natural gas utility is proposing to walk away from a concept known as revenue decoupling.
CenterPoint Energy, which is in the midst of a contested rate case, said in a Jan. 31 regulatory filing that it will no longer seek approval for a permanent decoupling mechanism it proposed last summer.
That proposal faced opposition from the Minnesota Attorney General’s Office, which argued that it would confuse customers and shift too many costs and risks onto residential and small business ratepayers.
What is ‘decoupling’?
CenterPoint was the first utility in Minnesota to experiment with decoupling, which is intended to promote conservation by removing utilities’ incentive to continually increase sales.
If sales are lower than projected for a given year, the utility collects the difference in a surcharge the following year. If sales exceed forecasts, the utility must refund the difference to customers.
The mechanism allowed CenterPoint to significantly ramp up its energy-savings efforts without worrying whether new attic insulation, low-flow shower heads and programmable thermostats would cut into revenue.
“I’m disappointed in the decision. They’ve been the poster child for decoupling [in Minnesota],” said Mike Bull, policy and communications director for the Center for Energy and the Environment, a Minneapolis nonprofit that promotes energy conservation.
“We hope this doesn’t signal a decreased interest in energy efficiency going forward,” Bull added.
A spokeswoman for CenterPoint declined to comment, beyond saying that its regulatory filings “speak for themselves.”
At a utility policy forum in St. Paul earlier this winter, Minnesota’s deputy commissioner of energy Bill Grant called decoupling “a necessary element” of the future utility business model and praised the pilot programs at CenterPoint and another gas utility, Minnesota Energy Resources.
“The utilities in question … have really stepped up with their efficiency efforts and are demonstrating that decoupling makes it easier for them to meet some of the social obligations that we’ve asked them to,” Grant said.
‘Whims of the weather’
The Minnesota Division of Energy Resources, which Grant heads, initially said it would support CenterPoint’s expanded, permanent decoupling proposal with some modifications, but last month the office revoked its support for reasons unclear in the regulatory docket.
A spokeswoman for the state office did not provide Midwest Energy News with an explanation for its change of position prior to deadline. According to documents, the office as of last month only supported a more limited decoupling scheme similar to the pilot program.
The decoupling mechanism proposed by CenterPoint last summer had significant differences compared to the version it tried out in its three-year pilot program.
The initial pilot program was what’s known as “partial decoupling” and was based on revenue numbers that were adjusted to take into account changes in weather. The intent was to collect revenue lost due to energy conservation, but not warmer-than-usual winter weather.
For example, 2012 was a warm year, which meant CenterPoint collected about $20 million less in revenue than it expected. According to the weather-based formula, however, the company still had to refund $2.6 million to customers the following year.
The permanent decoupling program proposed by CenterPoint was what’s considered “full decoupling,” which is based on actual revenue. Under that scenario, the company could collect a surcharge if sales decline for any reason, including weather.
“Neither our customers nor the Company should benefit or suffer depending on the whims of the weather,” the company’s senior director of rates and regulatory issues, Paul Gastineau, said in utilities commission testimony.
Shifting risk
The attorney general’s office said the proposal essentially guarantees CenterPoint’s revenue by pushing weather-related risks onto residential and small business customers, while omitting larger industrial users.
“Systematic risk can neither be created nor destroyed; it can only be passed around,” said Vincent Chavez, a utilities economist in the attorney general’s office, in testimony to utility regulators.
Chavez also argued that ratepayers’ attitudes towards conservation could become “tainted” under decoupling, if the outcome of saving energy is a surcharge on their energy bills the following year.
Environmental groups, though, testified that most decoupling adjustments are too small to change behavior and thus don’t discourage customer conservation efforts.
Twenty-two states have implemented revenue decoupling for at least one natural gas utility, and the experience shows surcharges and rebates tend to be small, usually within 2 percent of the base rate, testified Dylan Sullivan, a staff scientist with the Natural Resources Defense Council.
“Years of experience in numerous states show that implementing revenue decoupling eliminates utility disincentives to promote energy efficiency, and allows utilities to focus on providing energy services instead of increasing commodity sales,” Sullivan said.
In a scenario presented by CenterPoint in its testimony, a year in which natural gas use was 5 percent lower than expected would result in a 39 cent monthly surcharge the following year for a typical residential customer. The reverse would be true if energy use increased 5 percent.
Sullivan said basing the calculations on actual revenue instead of weather-adjusted revenue would simplify the mechanism, and that a proposed 5 percent cap on adjustments would protect customers from large swings in rates from year to year.
Changes to rate structure
Complicating matters is CenterPoint’s separate proposal to nearly double the base charge on monthly bills from $8 to $15, which was opposed by environmental groups, the state energy office, and the attorney general’s office.
CenterPoint said the increased monthly basic fee would be accompanied by a decrease in “volumetric” charges — the portion of the bill based on how much energy a customer uses, which would even out some of the seasonal variation in bills.
However, according to the state and environmentalists, it would also lead to “rate shock.” Sullivan calculated that about half of CenterPoint’s customers would pay more under the proposed basic charge hike. The 10 percent of customers who use the least natural gas would see their bills go up $35 to $65 per year, and the 10 percent of customers who use the most natural gas would see a decrease between $50 and $220 per year, Sullivan said.
The higher base charge would also extend the payback time for energy efficiency investments, Sullivan said.
Bull, of the Center for Energy and the Environment, which is not directly involved in the CenterPoint rate case, noted that the gas company’s decoupling retraction comes as Xcel Energy, Minnesota’s largest electric utility, is preparing a decoupling proposal.
“Does this signal anything for that to proceed? I just don’t know yet,” Bull said.
An administrative law judge who heard testimony in the CenterPoint case in December and January is expected to issue a report with findings and recommendations in April, and the utilities commission expected to take up the case in May.
The Center for Energy and the Environment is a member of RE-AMP, which also publishes Midwest Energy News.
Did you miss the Regulatory Flexibility Committee meeting 9/18/13? If so, here are the presentations.
Just in case you missed the Regulatory Flexibility Committee meeting on 9/18/13, please find below the meeting agenda with the presentations made to Indiana state legislators.
So why post these presentations now? Well, a story in the 2/15/14 issue of the Indianapolis Business Journal (IBJ) talks about the possibility of electric utility deregulation. Several presentations made to the Regulatory Flexibility Committee on 9/18/13 addressed this topic and provides good background information on the issue. All the presentation are still relevant.
IBJ: Pence cracks door to electricity deregulation
REGULATORY FLEXIBILITY COMMITTEE MEETING AGENDA 09/18/13
Watch video of 9/18/13 meeting here http://www.in.gov/legislative/interim/committee/rfscvideo.html#
(1) 1:30-2:00 p.m.: Update from the Office of Utility Consumer Counselor
(OUCC)
- A. David Stippler, Indiana Utility Consumer Counselor #1_OUCC
- Questions and comments by the Committee
(2) 2:00-2:30 p.m.: Electric grid security
- Commissioner Carolene Mays, Indiana Utility Regulatory Commission (IURC) #2_Commissioner Mays
- Questions and comments by the Committee
(3) 2:30-3:15 p.m.: Feed-in tariffs for electricity
- 2:30-3:00 p.m.: Tim Caister, Director of Electric Regulatory Policy, Northern Indiana Public Service Co., and John Haselden, Principal Engineer, Regulatory Affairs Division, Indianapolis Power & Light Co. (with introduction by Ed Simcox, Interim President, Indiana Energy Association) #3_IEA_FIT
- 3:00-3:15 p.m.: Laura Arnold, President, Indiana Distributed Energy Alliance
- Questions and comments by the Committee #4_Laura Arnold_Short Version
(4) 3:15-5:00 p.m.: Customer choice, deregulation, and competitive
procurement in the energy industry
- 3:15-4:00 p.m.: Kenneth Rose, Ph.D., power industry consultant and Senior Fellow, Institute of Public Utilities at Michigan State University (with introduction by Ed Simcox, Interim President, Indiana Energy Association) #5_Ken Rose (1)
- 4:00-4:15 p.m.: Jennifer Terry, Director, Indiana Industrial Energy Consumers, Inc. #6_INDIEC (1) Also see http://www.indiec.com/
Position%20Statements/ ElecRestPositionPaper%20FINAL- Dated%209-12-13.pdf - 4:15-4:30 p.m.: Philip R. O'Connor, Ph.D., President, PROactive Strategies, Inc., #7_Philip O'Connor (2) and Chris Olsen, Vice President, Community and Government Affairs, Tate & Lyle #8_Chris Olsen (1)_Tate & Lyle
- 4:30-4:45 p.m.: Joe Clark, Esq., Manager, Government and Regulatory Affairs, Direct Energy Services, LLC #9_Joe Clark (1)
- 4:45-5:00 p.m.: Jason Minalga, Manager, Commercial Analytics and Regulatory Affairs, Invenergy, LLC, #10_Jason Minalga (1)_Indiana Power of Wind Coalition and Joe Kerecman, Director, Government and Regulatory Affairs, Calpine Corporation #11_Joe Kerecman
- 5:00-5:10 p.m.: Jodi Perras, Sierra Club, Hoosier Chapter #12_Sierra Club
- 5:10-5:20 p.m.: Kerwin Olson, Executive Director, Citizens Action Coalition #13_CAC



