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Massachusetts News and Analysis

September 2003

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Highlights
  • State’s Major Utilities Seek Rate Increases for Default and Standard Offer Service
  • More Rate Hikes Sought to Recover Pension Fund Losses
  • DTE Changes Regulatory Stance on Bidding for Default Service Supply 
  • Agreement Turns Raid on Renewable Energy Trust Fund into Guarantee of Renewable Power Purchases
  • Blackout Spurs Task Force to Examine Grid's Reliability
Massachusetts is less two years away from the end of its transition period, which could have dramatic impacts on residential consumers and the prices they pay for electricity.
As of March 1, 2005, its regulated, lower-priced standard offer service, now available to customers who have stayed with their incumbent utility, will cease, and standard offer customers will move to competitive suppliers or default service, which will likely be based on market prices.

And, while the state is concerned about the lack of competitive suppliers for residential
and other small consumers, the Department of Telecommunications and Energy (DTE),
the state regulatory agency, continues to be steadfast in its pricing of utility rates to reflect the market values. In a study issued July 2003 by the National Center for Appropriate Technology, study author Barbara Alexander reported, "There have been no recent efforts
to amend the Massachusetts restructuring law, even in light of the volatile prices for default service. Furthermore, the Massachusetts DTE remains firmly committed to the creation of a competitive market and the establishment of pricing methods that reflect "market" prices and "price signals," defined as relatively short-term wholesale market prices."

The study, titled Managing Default Service to Provide Consumer Benefits in Restructured States: Avoiding Short-Term Price Volatility, examined Default Service as a means of controlling volatile energy prices in six states, including Massachusetts.

As of September 2003, the following issues are of importance to the state’s consumers:

Now is not the time to hit consumers with higher energy bills. There is simply no way to justify the numbers proposed by these utilities, especially now when Massachusetts families and small businesses are struggling though a difficult economy and trying to keep pace with high energy costs.
Tom Reilly, MA Attorney General, speaking against the proposed rate increases, August 2003

Everyone seems obsessed about which weak link in the power chain caused the spectacular blackout of August 2003. But that exercise is a little like wondering whether it was a nail or a piece of glass that finally caused a bald tire to blow. In this case, the bald tire is the electrical grid. And the grid is overstressed because of the logic of electricity deregulation.

The Boston Globe, August 2003
Rates  
Electric rates in Massachusetts have been more volatile than in bother restructured states, in part because the Massachusetts restructuring statute created three generation supply options: standard offer service, default service, and competitive generation service. Standard offer service is a regulated, transitional service provided by existing utilities to all customers who haven’t chosen a new supplier. Default service is provided to all customers who were new utility customers after March 1, 1998, or who left standard offer service for a competitive energy supplier and then returned to utility service. Competitive service is offered through new competitive entities, rather than the customer’s existing utility.

Until early 2001, default rates mirrored standard offer rates, a situation the DTE had requested until it could arrive at a mechanism for procuring and pricing default service. As of February 2001, new default service rates went into effect, and customers had two pricing options: variable pricing in which the price changes monthly; and fixed pricing in which the variable monthly prices are averaged and remain constant for six-month periods. Residential customers were automatically placed on the fixed rate, but had the option to choose the variable price. Utilities obtain bids for default service on the wholesale market. Default service prices began to rise more dramatically than standard offer prices in mid-2001.

Prices for both standard offer service and default service have increased since the onset of retail competition. Utilities sought rate increases based on the rising fuel prices in the wholesale market. In effect, the utilities sought a fuel clause adjustment to their rates and alleged that the Restructuring Act did not intend to prevent such fuel clause adjustments in mandating the 10-15 percent rate reductions. In mid-2000, the DTE approved this approach and the resulting increases in SOS rates.

On August 4, 2003, Cambridge Electric Light Company, Commonwealth Electric Company, Fitchburg Gas and Electric Light Company, and Massachusetts Electric Company submitted proposed standard offer service fuel adjustments (SOSFA) equal to 1.424 cents per kWh, to take effect on September 1, 2003.  DTE approved the proposed adjustments for each company on August 29.  For each company, the recently-approved adjustment replaces the 0.902 cents per kWh SOSFA that had been included in its standard offer rate since May 2003, resulting in an overall increase of 0.522 cents per kWh, or 63 percent. 

The September-December 2003 price for standard offer rates for residential customers ranges from 6.124 cents per kWh to 4.95 cents at Boston Edison, which decreased its rates.(Click here to view rates.)

The July-December 2003 price for default service with fixed rate ranges from 6.00 cents per kWh to 7.365 per kWh.  The September 2003 price for default service with variable rate ranges from 5.539 cents per kWh to 6.585 cents per kWh. (Click here to see the charts.)

The chart below shows historical electric prices in Massachusetts:


Massachusetts Average Annual Price (Standard Offer) per kWh (nominal cents)
  1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003*
Residential 9.7 10.4 10.6 11 11.1 11.3 11.3 11.6 10.6 10.1 10.8 12.3 10.65 11.57
Sources: Energy Information Administration
*Prices as of May 2003

Note: For a detailed yearly (and in some cases, monthly) breakdown by utility, see the Department of Telecommunications and
Energy website at:


http://www.state.ma.us/dpu/restruct/competition/standardoffer.htm or

http://www.state.ma.us/dpu/restruct/competition/index.htm#DEFAULT


A new flexible tariff 

Two major utilities, Keyspan Energy Delivery and NSTAR, have recently sought permission to add a new charge – the "flexible tariff" – to customer bills in order to raise money to help their pension funds recover from stock market losses. NSTAR is asking DTE to approve a $72.8 million rate increase, which would take effect on January 1 and affect 193,000 Cape Cod and Martha’s Vineyard customers. KeySpan, a natural gas provider with an estimated 573,000 customers, is requesting a $61 million increase. Under the proposal, the tariff would be adjusted annually.

On August 29, 2003, Massachusetts Attorney General Tom Reilly submitted a 123-page brief to DTE regarding the proposed rate increases of the two utilities. He urged DTE not to pass on unnecessary costs to ratepayers under the guise of rate recovery. "Last year, NSTAR and KeySpan experienced an extremely profitable winter when utility costs reached all-time highs. Now both companies are asking ratepayers to pay for pension fund losses when neither utility passed on gains to consumers when the stock market was thriving during the last decade," he wrote.

The tariff proposal is still under consideration by the DTE. In June, it postponed its decision until October.

Default service 
The issues of default service and the lack of a competitive market continue to occupy the DTE, which has held a series of ongoing investigations into these two over-lapping topics.

In June 2002, DTE opened an investigation (Order 02-40) into the issue of how to utilize default service to foster a competitive environment for residential and small commercial customers. Filings from the DTE’s ongoing investigation into the issues of default can be found by searching its website.   DTE 02-40 contains the original order launching an investigation into the provision of default service and subsequent orders, as well as filings by key stakeholders such as the Massachusetts Attorney General, the Massachusetts Community Action Program Directors Association (MASSCAPDA) and distribution utilities and marketers. Included is a statement of principles to govern default service submitted jointly by the Attorney General, NSTAR, a distribution company, and MASSCAPDA.

DTE 01-54 contains filings reflecting the contrasting positions of DTE and the various stakeholders during the Department’s year-long investigation of Competitive Market Initiatives, the objective of which was to "minimize or eliminate any barriers to competitive choice," and to "identify and implement initiatives that [will] expand the range of competitive options available to consumers."

DTE orders in this investigation dealt with release of customer names to competitive suppliers, the process by which marketers could enroll customers, and the use of electronic transactions in the enrollment process.

In April 2003, DTE issued Order 02-40-B to govern the pricing and purpose of default service in the future and after the expiration of SOS in 2005. According to Alexander, DTE based its decision on its overall intent to adopt policies that do not prevent the "most efficient market structure from developing."  Regarding procurement and pricing of default service, DTE expressed a concern about bidding out 100 percent of each distribution utility’s default service supply every six month, recognizing that prices in the wholesale market can change quickly. As a result, DTE adopted the proposal by NSTAR to procure 50 percent of its default service supply semi-annually for 12-month terms.

DTE also required the utilities to include information in its default service and standard offer service filing to describe the manner in which it has complied or intends to comply with its Renewable Portfolio Service obligation, but declined to set forth any minimum standards for a compliance strategy and specifically declined to require the utilities to enter into long-term contracts with renewable resources, even though comments in the proceeding made clear that such long-term contracts were required to support investments in such resources. DTE also refused proposals to require utilities to offer a "green" option for default service.

Alexander's conclusion reflects consumer advocate's concern about the volatility of default service pricing.  In the aforementioned June 2003 study on default service volatility, Alexander pointed out, "The Massachusetts DTE’s approach to the design and pricing method for default service is crucial since ALL customers will be provided with this service at the end of the transition period in March 2005. While it characterized its change from 6-month to 12-month default service contracts as one that will contribute to more stable prices for residential customers, the significance of this change in preventing volatile wholesale market changes is not clear. Rather, this approach continues the process of refusing to develop long-term procurement options for default service supply and makes it very difficult to factor in cost-effective energy management or renewable energy resources into the default service supply mix. Massachusetts continues to rely on short-term wholesale market price changes."

Status of retail choice 
As of July 2003, 59,733 residential customers, or 2.7 percent of total residential customers, had signed on with competitive suppliers; 1,431,499 customers remained on standard offer service, and 716,988 were on default service.  (Click here to see migration data.)

In November 2001, Dominion Retail, Inc. announced it would be the first residential competitive supplier in Massachusetts. Since then, migration statistics have increased slightly. While the state’s choice website lists four residential suppliers, Dominion is believed to be the only one actively marketing to this customer class.

Raid on renewable trust fund
The 1997 restructuring law created a renewable energy trust funded by a ratepayer charge of 0.075 cents per kWh, which was to be used to increase electricity fuel diversity by funding renewable projects. However, during the 2003 legislative session, the Renewable Energy Trust Fund, worth $164 million, was proposed as a solution to help balance the state's budget deficit. 

Governor Miles Romney proposed using $17million of the fund to shore up the FY 2003 budget.  When some legislators raised concerns about the legality of diverting trust funds to state government, Governor Romney modified his plan by agreeing to purchase $17 million worth of renewable energy in future years.  He said the state, which purchases about $100 million worth of electricity each year, would strive to purchase the power from new renewable energy facilities that might be set up in Massachusetts in coming years.  That, in turn, could enhance the viability of alternative energy projects being developed in the state.

After negotiations among the Governor's staff, legislative leaders and the Massachusetts Technology Collaborative staff (who are charged with the development of alternative energy in the state), the legislature passed a law allowing the state to use the $17 million for this year's budget, but also requiring it to come up with a detailed plan to purchase $17 million in power from renewable sources, probably beginning in 2005.

The power outage and the grid
While the cascading blackout of August 14 hit mainly New York, several Midwestern states and Ontario, some 10,000 homes in Springfield and Pittsfield also lost power.  Most of the state did not experieince a power supply interruption, but lawmakers and state officials are moving to make sure the system is not at risk. Governor Romney is also forming a task force of state and utility industry officials to strengthen the state's power grid. 

Industry observers attributed the survival of the major part of the grid to the relatively modern condition of electric lines within the state and good power management by the grid operator, the Independent System Operator of New Energy (ISO).  Rep. John Binienda, House chairman of the Energy Committee, maintained that a major factor behind the state's relative success in weathering the massive outage is the continued functioning of a set of aging power plants known as the "filthy five," which are coal-fired plants located in Everett, Salem, Holyoke, Somerset and Sandwich.  Closing down the plants would rob Massachusetts of a critical source of power generation that some other states don't have, the lawmaker said.  "It's not necessarily clean generation, but at least we have ample generation," he .

Even before the blackout occurred, the state's Government Regulations Committee, which has primary oversight of the utilities, was already planning hearings to review the 1997 deregulation of the power industry. Now the committee will incorporate some deregulation issues as it looks at what power transmission improvements need to be made.  

Natural gas issues
As of 2000, all customer classes have had choice of gas suppliers. However, according to figures from the state Division of Energy Resources, only large industrial and commercial customers have been active. DOER’s website reports that four companies are marketing to residential consumers, but no migration statistics are available.

 

Other resources

Alexander, Barbara.  Default Service: Can Residential and Low Income Customers Be Protected When the Experiment Goes Awry?, April 2002.   This paper was originally published in April 2001 and updated in October 2001. This version reflects the most recent information available for state activities with respect to Default Service through 2001 and early 2002. However, readers are cautioned that the states described in this paper routinely consider changes to state restructuring policies that have a significant impact on the nature, price, and purpose of Default Service.

Alexander, Barbara. Default Service: Can Residential and Low Income Customers Be Protected When the Experiment Goes Awry?, April 2001, and an Update to the April paper issued in October 2001. These papers summarize and make some preliminary conclusions about the development of a default or provider of last resort service for residential and small commercial customers as part of the move to retail electric competition. Both papers highlight the status of default rates and impacts of restructuring-related developments on residential and low-income consumers in the states of California, Massachusetts, New York, Pennsylvania, and Texas.

Associated Industries of Massachusetts Foundation, Inc. Electric Industry Restructuring in Massachusetts: After the Revolution the Evolution, Winter 2003. Concludes that the state’s electric deregulation has been a success, having brought cost savings to businesses and consumers, as well as new generation capacity, but that changes in the law may be needed to promote more competition for residential and small business customers.

National Center for Appropriate Technology.  Managing Default Service to Provide Consumer Benefits in Restructured States: Avoiding Short-Term Price Volatility, June 2003.  This paper, written by Barbara Alexander, examines recent developments with respect to the design and pricing of Default Service in states that have adopted retail electric competition and it identifies the key attributes of a model Default Service policy.  Six states including Massachusetts are examined.

National Center for Appropriate Technology.  The Transition to Retail Competition in Energy Markets: How Have Residential Consumers Fared?, September 2002. A study of the impacts of electric and natural gas markets restructuring on low- and moderate-income consumers in five states including Massachusetts.  It is one of the few states that passed through short-term wholesale electric rates to a substantial number of residential customers during its transition to retail electric competition. For these customers, referred to as default service customers, the average total bill has increased over 30 percent since 1998, the onset of retail electric competition in Massachusetts, the study shows.

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Last Updated: 09/25/2003