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Utility Tactics: How Utilities Achieve Their Goals

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Utility Tactics: How Utilities Achieve Their Goals

Background: How public utilities were formed

Utilities were initially created to facilitate investment in a public service that was difficult for individuals to provide on their own. In the 1930s, agreements were reached in states to create regulated monopoly utilities, usually investor-owned. Other ownership structures, such as municipal ownership and electric coops, have generally less commission oversight.

In Illinois, utilities are required to deliver reliable electricity that’s as clean and low-cost as possible. As described in state documents, electricity must me “adequate, efficient, reliable, environmentally safe, and least cost.

In exchange for their service, utilities are allowed to recover costs and a profit, called a “guaranteed rate of return.” In Illinois, ICC reviews and approves costs that are “prudent and reasonable.”

Utilities generally aim to protect shareholders by increasing profits and decreasing costs. Utilities have an incentive to build out infrastructure: for operational costs they can only recoup the cost of operations, but for capital investments they can recoup costs plus a profit.

Utility influence

Utilities aim to maintain a positive brand image and minimize outside influence. They derive their influence through enormous lobbying expenses, and through allies in the oil and gas industry such as the Koch Brothers, Edison Electric Institute, the American Petroleum Institute, American Gas Association, and “big oil” including Exxon, Shell and BP.

Big oil takes in enormous earnings — $32.6 billion in just Q1 of 2023 — and spends an enormous amount on lobbying: five oil companies spent a combined $452.6 million lobbying the federal government since 2011, and around $750 million annually on climate-focused communications.

Problematic tactics

Greenwashing

Companies make commitments toward a cleaner energy future but their actions do not align with this vision. Most big oil lobbying money goes toward policies that are oppositional to clean energy progress and international climate commitments. Gas companies misleadingly market themselves as “clean,” even move away from saying “oil” and “gas” in favor of terms like “integrated energy.”

Misinformation through media

Influencers, social media and others amplify misinformation, with messages such as: “it would be dangerous to rely only on renewables,” “don’t let anyone take away your energy choices,” “food tastes better cooked on a gas range,” or “solar is a trick by wealthy people to make poor people pay more for their energy.” Historically, media have failed to connect climate impacts to climate change or fossil fuels, much less naming the companies most responsible for the problem.

Using donations to build support and advance goals

Utilities often give money to local groups and political leaders to quell criticism and mute voices for change.

Investing in costly fossil fuel infrastructure that blocks clean energy progress

Fossil infrastructure proposals baked into integrated resource plans, and incentives for false solutions like hydrogen and carbon capture, result in profits staying in the hands of the few, preserving the old energy ways.

New policies could start to change the model

  • Ban or limit utility political spending
  • Ensure customer payments are not being used to enable utilities to pay for trade association membership dues or to lobby against community interests.
  • Implement performance-based incentives or ratemaking that provide
  • Conduct third party evaluations on programs (energy efficiency, bill assistance, outreach, workforce diversity)
  • Integrated Resource Plans with equitable investments in clean energy and energy efficiency measures
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Peoples Gas Rate Case Decision Pivotal for Customers and Clean Energy Transition

CHICAGO (Nov 16, 2023) – The Illinois Commerce Commission (ICC) decided today on a controversial Peoples Gas rate case which environmental and public interest organizations applaud as a departure from previous rate proceedings and an overall victory benefiting customers. The Commission rejected a significant part of Peoples rate hike request, disallowing $265 million that Peoples requested for new pipes and $236 million for new buildings. Additionally, the Commission ordered the company to participate in a Future of Gas proceeding and to file new plans for its system every two years. The Commission made similar orders in Nicor Gas and Ameren Gas rate cases, collectively reducing utility rate requests by many millions of dollars. “Today’s decision marks critical progress in the fight for a cleaner, more affordable energy future. We applaud the ICC for hearing community concerns. And we also know there’s still a long road ahead for environmental justice communities like mine, where the cost of natural gas goes beyond just unaffordable rates,” says Cheryl Johnson, Executive Director of People for Community Recovery. “Across Chicago’s south and west sides, legacy contamination and poor outdoor air quality have contributed to disproportionate rates of respiratory illness. Gas stoves are making those worse. We’re glad to see the ICC pushing pause on future gas infrastructure investments and we hope Mayor Johnson and the Chicago city council take an important next step by supporting policies that transition homes and buildings away from dirty, expensive natural gas.” This decision comes at a time where Illinoians are struggling to pay their bills and as advocates call for a transition away from the gas system to meet our state climate goals. The ICC's determination in the gas rate case provides some concrete steps in achieving those objectives, according to advocates. “This decision is forward-thinking because it signals a commitment to our State’s climate goals by providing an actual framework for equitably winding down the gas system,” says Madeline Semanisin, NRDC Midwest Building Decarbonzation Advocate. The Commission rejected the company’s proposed fixed charge and implemented a robust low income discount program. These changes can lead to lower customer bills and promote and reward energy efficiency. “This order is virtually unprecedented in terms of changing the system that for far too long has benefited utilities at the expense of consumers,” says Rob Kelter, Managing Attorney, Environmental Law & Policy Center. “Today reflects the commitment from the commission and Governor Pritzker to reduce carbon emissions and move toward electrification and renewable energy. The ICC made it clear today that it will take charge of a robust planning process that will accelerate that shift.” The decision mandates a Future of Gas proceeding that will lay the groundwork for a comprehensive strategy to address the long-term challenges associated with the gas system. “Today’s decision is a major victory for Chicagoans forced to pay ever-escalating bills for the failing Peoples Gas pipe replacement program. At long-last, regulators are holding Peoples Gas and its troubled program accountable,” says Abe Scarr, Director of Illinois PIRG. “Today we got three decisions from the Illinois Commerce Commission that are a really big deal. Illinois just took vital steps toward aligning its gas systems with its overall clean energy goals, and toward affordable power for all Illinois families in the future,” says Christie Hicks, Senior Director for Equitable Regulatory Solutions for Environmental Defense Fund. ###
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Equity, Affordability and Access in the Clean Energy Transition

As states turn toward a clean energy transition, affordability and access must be an integral part of the discussion. Otherwise, equity may be compromised. Black and Brown communities experience higher energy rates and higher rates of power disconnection due to many overlapping historical and modern factors such as housing injustice, racial segregation, and wealth disparities. On average, Black and Hispanic households are at least two times more likely to have their utility service, a critical basic need, disconnected than White households. Further, to cut down on their cost of energy, some households may resort to adjusting temperatures to unhealthy levels, resulting in negative health impacts. This further contributes to disparate health impacts experienced by Black and Brown communities. Equity and affordability on regulators’ radar In Massachusetts, the Department of Public Utilities recently determined that total energy burdens should be no more than six percent of shelter costs. In addition, the DPU is seeking further stakeholder comments on where target levels (below six percent) should be set when designing tiered discount rates that benefit the highest number of customers. The DPU is also seeking comments on whether revenue shortfalls from discounted rates should be recovered statewide instead of utility-wide, and whether all stakeholders should contribute to recovery of the revenue shortfall. Through these investigations, the DPU is for the first time working to increase energy affordability for Massachusetts ratepayers. Energy regulatory commissions around the country are, like Massachusetts, beginning to address issues of equity, affordability and access. As states strive to meet their climate goals in the coming years by transitioning to an electric-powered grid, energy affordability is more important than ever from an environmental justice and equity perspective. Currently, the federal government provides funding to states to support low-income ratepayers. Low Income Home Energy Assistance Program (LIHEAP) provides federal funding assistance to reduce the costs associated with home energy bills, energy crises, weatherization, and minor energy-related home repairs. States receive the funding and distribute it based on their own policies. States and individual utility companies also provide various payment assistance programs. Although helpful, such programs do not fully address the energy burdens faced by many households. Further, many people are not enrolled in any kind of low-income assistance program because they do not self-identify as low-income, therefore marketing for financial support programs needs to be improved to increase enrollment. Many middle-income people are also struggling to afford high energy bills that are taking a large chunk out of their income, but they do not qualify under the income thresholds for low-income assistance programs. More data, language access will help State energy regulators should collect more data about the usage behaviors for different households and demographics to help people determine the programs that could relieve some of the burden of their energy bill. Regulators should also look to ensure low-income customers have access to and can benefit from clean energy infrastructure. Energy regulators should consider ways to leverage funding from the Inflation Reduction Act and other sources to provide heat pump rebates to low- and moderate-income homes. They should also consider novel approaches, such as percentage of income payment plans. This rate structure avoids leaving median-income individuals without support. As state energy regulators navigate the clean energy transition and equity issues, they must also consider language access, which. ensures that everyone can receive information on how to access rate support programs. State energy regulators should consider implementing current EPA guidance on best practices for language access, which includes translating information into every language spoken by at least five percent of people in the relevant area. State energy regulators should err on the side of over-inclusivity in translation to non-English languages. Environmental justice must be considered in every aspect of the energy transition. From access to translated information to access to heat in the middle of winter, no one should be left behind. EDF is working to ensure that equity concerns are at the forefront of policy conversations at public utility commissions. Haley Maher is a third year law student at the University of Colorado. This blog is based on her research as an intern at Environmental Defense Fund in summer 2024.   Memmott, T., Carley, S., Graff, M. et al. Sociodemographic disparities in energy insecurity among low-income households before and during the COVID-19 pandemic. Nat Energy 6, 186–193 (2021). https://doi.org/10.1038/s41560-020-00763-9 DPU Issues Notice of Investigation on Energy Affordability for Massachusetts Ratepayers, Department of Public Utilities, https://www.mass.gov/news/dpu-issues-notice-of-investigation-on-energy-affordability-for-massachusetts-ratepayers Affordability and Energy Bills, Colorado Department of Regulatory Agencies, https://puc.colorado.gov/affordability#:~:text=The%20Commission's%20Affordability%20Initiative%20demonstrates,a%20letter%20from%20Governor%20Polis. Massachusetts Low Income Home Energy Assistance Program (LIHEAP), Benefits.gov, last accessed Aug 6, 2024, https://www.benefits.gov/benefit/1576 Low Income Home Energy Assistance Program (LIHEAP), Benefits.gov, https://www.benefits.gov/benefit/623 About Us, Mass Save, Last accessed Aug. 6 2024, https://www.masssave.com/en/about-us Paying for Power a Struggle for Some, Consumer Watchdog, https://consumerwatchdog.org/uncategorized/paying-power-struggle-some/ Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 69 F.R. 35602, https://www.govinfo.gov/content/pkg/FR-2004-06-25/pdf/04- 14464.pdf
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Advocates hail regulatory ‘earthquake’ as state slashes requested gas rate increases

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