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Innovation in Liberalized Electricity Markets: A Comparison of Regulatory Incentives A Comparison of Regulatory Incentives in California and Germany Mi h Michael Holtermann l H lt European School of Management and Technology


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Innovation in Liberalized Electricity Markets: A Comparison of Regulatory Incentives A Comparison of Regulatory Incentives in California and Germany

Mi h l H lt Michael Holtermann European School of Management and Technology Holtermann@esmt.org

  • Dr. Jens Weinmann

Berlin School of Economics and Law Weinmann@esmt.org

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Reciprocal and multifaceted relationship between innovation and regulation p p g

  • Majone 1976: Performance of policy instruments depends even more on the institutional framework in which they are used

than on their technical characteristics

  • Kemp 1998, 12:

„The topic of regulation, innovation and competitiveness is much discussed, yet little analysed. It gave rise to diametrical views of regulation being a barrier and stimulus to orinary and compliance innovation. The debate has been characterised by a high anecdotal level, little systematic empirical research has been done into the t i topic, …. One reason for this is the lack of a theoretical framework about regulation and innovation which recognices the reciprocal and multifaceted nature of the relationship and the myriard of factors that are influencing innvation decision and output.“ p

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Research on institutional design is based on personal interviews g p in California and Germany

Research methodology

  • semi-structured interviews with government officials, managers of investor-owned utilities, and regulators
  • carried out in Summer/Fall 2008
  • carried out in Summer/Fall 2008
  • part of on-going research on the institutional design of electricity markets

Theoretical background

  • Institutional change, based on the New Institutional Economics literature (North 1990, Roe 1996, special application to

electricity markets e.g. Glachant and Finon 2003, Finon 2004) electricity markets e.g. Glachant and Finon 2003, Finon 2004) − Diverging designs lead to different outcomes, institutions matter, path-dependence

  • Political economy and transnational regulatory networks (Eising 2002, Eberlein and Grande 2005)

− ‘incremental negotiation techniques’ in the EU and cross national harmonisation of regulation via information networks − incremental negotiation techniques in the EU and cross-national harmonisation of regulation via information networks

  • Evolutionary economics (Campbell 1969)

− trial and error learning and ‘convergent evolution’

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1) Text Source: esmt

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California and Germany perceive themselves as leading by example y p g y p towards a sustainable energy transformation

  • AB 32: 2020 emissions reduced to 1990 levels,

a 25% reduction compared to business as usual, mandatory caps from 2012 on

  • IEKP: 2020 40% less than 1990 levels, if EU reduces

to 30% and “other states have comparable ambitious targets”

  • “Load Order”: Efficiency first, then Renewables, then

“other” generation

  • Renewable Portfolio Standard:

33% i 2020 20% b 10

  • From 13% to 25-30% Renewables in 2020
  • IEKP: KWK, EEG, Biogas, Grid, Metering….

AB 32: – 25% GHG by 2020, mandatory caps from 2012 on 33% in 2020, 20% by 10

  • Lots of proposals…

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Renewable Portfolio Standard: 33% in 2020, 20% by 10

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California was the first state in the USA to introduce competition, p , while Germany stuck to the old regulated system

California Germany

  • Before deregulation, California had a power system

similar to most other US American states

  • most electricity was served by vertically integrated
  • Before deregulation, the German ESI consisted of two

different types of firms

  • a small number of so-called Verbundunternehmen

y y y g companies that were completely responsible for generation, transmission, and distribution of power

  • Following deregulation,
  • wned and operated the High Voltage (HV) network

and the generation plants in the associated control area b t 900 i l i i lit d di t ib ti

  • the vertically integrated utilities were split into three

parts

  • independent firms bought and operated the large
  • about 900 mainly municipality-owned distribution

companies held franchises for both the distribution network and the local retail or supply businesses utilities’ power plants

  • the state of California operated both the state-wide

power grid and the California Power Exchange (CPX)

  • supply-side of the market was largely deregulated;

demand side of the electricity market, however, became more regulated (in 1996, electricity rates were cut by 10% and locked in

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1996, electricity rates were cut by 10% and locked in for four years)

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Two major events triggered fundamental changes in the regulation j gg g g

  • f the systems

European

California

  • 1996 1999 electricity

Germany

  • In 1998 the liberalisation of

Power Crisis European Energy Liberalisation

  • 1996-1999 electricity

demand grew by 5500 MW, while supply grew by

  • nly 672 MW
  • In 1998, the liberalisation of

the German ESI started

  • Energy Act implemented the

EU Electricity Directive of

  • System

breakdown, bankrupt utilities and blackouts in 2000 EU Electricity Directive of 1996 2000

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After the crisis, the momentum has reversed ,

Germany California

  • EU Electricity Directive of June 2003 imposed

additional requirements

  • First, Germany had to establish a regulator for the
  • Government signs 38 long-term contracts, totaling

nearly $43 billion, to hedge prices

  • The California Public Utilities Commission, Gov. Gray

y g industry

  • Second, negotiated Third Party Access (TPA) is no

longer acceptable and had to be replaced by regulated TPA f J l 2004 y Davis (D), and other officials petitioned the Federal Energy Regulatory Commission (FERC) to reimpose a cap on wholesale electricity prices FERC did i id 2001 d i 2003 it d d TPA from July 2004

  • Competitive pressure from abroad is increasing, but

still restricted by the interconnector constraints

  • FERC did so in mid-2001, and in 2003 it ordered

refunds from the independent power generators

  • In 2001, the California PUC issued an interim opinion

that suspended retail choice in California

  • Monopolkommission still criticises lack of competition

with four dominant suppliers

  • 18% of German electricity consumers have changed

their supplier at least once within the last 3 that suspended retail choice in California

  • In January 2009, CAISO filed its certification of

readiness to implement a Market Redesign and Technology Upgrade, leading eventually to a new their supplier at least once within the last 3 years, while 43% of all German electricity customers consider a change of the supplier gy pg g y electricity spot market

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EC CARB

CAISO

FERC EC CARB

WRB EPA

PGE CPUC SCE

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SDGE

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What do stakeholders say? y

California California

The EC perspective:

  • „we delivered basis for common understanding“

The IOUs perspective:

  • “Fragmented outcome”

Would like overall goals (like fuel diversity, GHG The CPUC perspective:

  • IEPR „vehicle for integration“, „some degree of

di ti h ll b ti “ g ( y, reduction, reducing dependency on fossil fuels)

  • Integrated energy policy report “does not

help”, “agencies develop policies independently, not ll di t d” coordination, perhaps even collaboration“

  • Consistent policy „dependant on individual

relationships“ and informal personal network on a case by case basis well coordinated”

  • Deadlocks tend to be solved on “case by case” basis
  • “Regulatory and legislatory micromanagement”

case by case basis

  • „California is good at making goals, not

implementation“

  • “New plants do not get permits even if they would

replace older existing plants” The Schwarzenegger perspective:

  • Executive orders to speed up things

Wishlist of regulators and firms:

  • Energy Department: less friction, more coordinated

approach – central planning?

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approach central planning?

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SLIDE 11

BMUBMWi

VF Grid

BN A EEX

RWE Grid

BNetzA EU

E.ON Grid Grid EnBW Grid

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What do stakeholders say? y

Germany Germany

The IOUs perspective:

  • There is no plan, but “moving targets”
  • “Lack of coordinated energy policy”

The BNetzA perspective:

  • We make markets work and optimize the regulatory

triangle

  • Lack of coordinated energy policy
  • Pro-competition stance: “Let markets work and do not

interfere” W d l t f i ti i l l j t g

  • We make sure that EU laws will be executed

Th li k ti

  • We do a lot for innovation in large scale projects

(CCS, Offshore Wind,…) The policy makers perspective

  • Digital divide between proponents of “old” and “new”
  • rder

Wishlist of regulators and firms:

  • Energy ministry: less friction, more coordinated

approach – central planning?

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Relevant factors for innovation and system transformation y

California

1. Stressed system forces innovation (“Flex Alert”)

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Relevant factors for innovation and system transformation y

California

1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) (Efficiency/DR, then Ren, then other )

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Relevant factors for innovation and system transformation y

California

1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) (Efficiency/DR, then Ren, then other ) 3. Political leadership

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Relevant factors for innovation and system transformation y

California

1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control

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Relevant factors for innovation and system transformation y

California

1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Weak role of FERC

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Relevant factors for innovation and system transformation y

California

1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators

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Relevant factors for innovation and system transformation y

California

1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Strong innovation cluster

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Relevant factors for innovation and system transformation y

California

1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Strong innovation cluster 8. >4 reg. institutions, competing for influence, producing a lot of proposals (“Reverse auction” for big solar) auction for big solar)

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Relevant factors for innovation and system transformation y

Germany California

1. Well, we try… 1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Strong innovation cluster 8. >4 reg. institutions, competing for influence, producing a lot of proposals (“Reverse auction” for big solar) auction for big solar)

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Relevant factors for innovation and system transformation y

Germany California

1. Well, we try… 2. Old paradigm – new paradigm Transition path unclear 1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) Transition path unclear (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Strong innovation cluster 8. >4 reg. institutions, competing for influence, producing a lot of proposals (“Reverse auction” for big solar) auction for big solar)

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Relevant factors for innovation and system transformation y

Germany California

1. Well, we try… 2. Old paradigm – new paradigm Transition path unclear 1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) Transition path unclear 3. Yes we can (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Strong innovation cluster 8. >4 reg. institutions, competing for influence, producing a lot of proposals (“Reverse auction” for big solar) auction for big solar)

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Relevant factors for innovation and system transformation y

Germany California

1. Well, we try… 2. Old paradigm – new paradigm Transition path unclear 1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) Transition path unclear 3. Yes we can 4. Markets and subsidiarity (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Strong innovation cluster 8. >4 reg. institutions, competing for influence, producing a lot of proposals (“Reverse auction” for big solar) auction for big solar)

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Relevant factors for innovation and system transformation y

Germany California

1. Well, we try… 2. Old paradigm – new paradigm Transition path unclear 1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) Transition path unclear 3. Yes we can 4. Markets and subsidiarity (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Strong role of EU: markets --- and SET 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Strong innovation cluster 8. >4 reg. institutions, competing for influence, producing a lot of proposals (“Reverse auction” for big solar) auction for big solar)

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Relevant factors for innovation and system transformation y

Germany California

1. Well, we try… 2. Old paradigm – new paradigm Transition path unclear 1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) Transition path unclear 3. Yes we can 4. Markets and subsidiarity (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Strong role of EU: markets --- and SET 6. Markets – Innovation in large scale generation 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Strong innovation cluster 8. >4 reg. institutions, competing for influence, producing a lot of proposals (“Reverse auction” for big solar) auction for big solar)

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Relevant factors for innovation and system transformation y

Germany California

1. Well, we try… 2. Old paradigm – new paradigm Transition path unclear 1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) Transition path unclear 3. Yes we can 4. Markets and subsidiarity (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Strong role of EU: markets --- and SET 6. Markets – Innovation in large scale generation 7 Decentral innovation clusters 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Decentral innovation clusters 7. Strong innovation cluster 8. >4 reg. institutions, competing for influence, producing a lot of proposals (“Reverse auction” for big solar) auction for big solar)

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Relevant factors for innovation and system transformation y

Germany California

1. Well, we try… 2. Old paradigm – new paradigm Transition path unclear 1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) Transition path unclear 3. Yes we can 4. Markets and subsidiarity (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Strong role of EU: markets --- and SET 6. Markets – Innovation in large scale generation 7 Decentral innovation clusters 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Decentral innovation clusters 8. BNetzA DNA:

  • 1. reg. triangle 2. Competition 3. EU law

7. Strong innovation cluster 8. >4 reg. institutions, competing for influence, producing a lot of proposals (“Reverse auction” for big solar) auction for big solar)

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The case for Advanced / Smart Metering

California

  • Advanced metering regarded as key instrument for

efficiency, shifting demand and reducing peak load

  • Ratepayer advocates and lots of groups very adverse

p y g p y

  • All IOUs implemented plans to adopt AMI and

integrate it into regulated asset base: CA – wide rollout 2009 – 2011

  • “Just do it” approach not in line with standardization

and processes

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The case for Advanced / Smart Metering

Germany California

  • Durchführungsverordnung z. Gesetz zur Öffnung des

Meßwesens bei Strom und Gas

  • BNetzA sets standards, Industry has further
  • Advanced metering regarded as key instrument for

efficiency, shifting demand and reducing peak load

  • Ratepayer advocates and lots of groups very adverse

y homework

  • New buildings must have SM from 01/10
  • Tariffs must be available 2011, so that customers can

p y g p y

  • All IOUs implemented plans to adopt AMI and

integrate it into regulated asset base: CA – wide rollout 2009 – 2011 Tariffs must be available 2011, so that customers can choose if they wish so

  • Number of pilots
  • “Just do it” approach not in line with standardization

and processes

Diagnosis: at least 2 years later

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The case for electric cars

Germany California

  • Nov. 2008: Joint project:

Transforming the Bay Area into the US EV capital

  • Joint Project:

j Governor, Mayors, Politicians, Companies etc. etc.

  • "We have the venture capital, we have the research

universities, we have management t l t d h t i t tl h th talent, and, perhaps most importantly, we have the visionary elected leaders gathered here today to clear the field for green tech companies … with progressive public policy.“ Ji W d CEO B A C il Jim Wonderman, CEO Bay Area Council

  • 1 Billion US$ network inv., rollout from 2010 on
  • Mass availability of cars and Bay Area System in 2012

y y y

  • Still strong lobby for zero emission vehicle approach

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The case for electric cars

Germany California

  • Nov. 2008 „Nationale Strategiekonferenz“
  • BMU BMBF BMWi BMVBS
  • Defining a Leitmarkt“ / key market
  • Nov. 2008: Joint project:

Transforming the Bay Area into the US EV capital

  • Joint Project:
  • Defining a „Leitmarkt / key market
  • 500 million for R&D, pilot projects and fleet rollouts
  • Industry agrees on infrastructure standards

j Governor, Mayors, Politicians, Companies etc. etc.

  • "We have the venture capital, we have the research

universities, we have management t l t d h t i t tl h th

  • Carmakers‘ role?
  • Still strong lobby for 120g as late as possible

talent, and, perhaps most importantly, we have the visionary elected leaders gathered here today to clear the field for green tech companies … with progressive public policy.“ Ji W d CEO B A C il Jim Wonderman, CEO Bay Area Council

  • 1 Billion US$ network inv., rollout from 2010 on
  • Mass availability of cars and Bay Area System in 2012

y y y

  • Still strong lobby for zero emission vehicle approach

Diagnosis: at least 2 years later

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Relevant factors for innovation and system transformation y

Germany California

1. Well, we try… 2. Old paradigm – new paradigm Transition path unclear 1. Stressed system forces innovation (“Flex Alert”) 2. Framework “Load order” (Efficiency/DR then Ren then “other”) Transition path unclear 3. Yes we can 4. Markets and subsidiarity (Efficiency/DR, then Ren, then other ) 3. Political leadership 4. Command and control 5. Strong role of EU: markets --- and SET 6. Markets – Innovation in large scale generation 7 Decentral innovation clusters 5. Weak role of FERC 6. Cost based regulation for IOUs; Ind. Generators 7 Strong innovation cluster 7. Decentral innovation clusters 8. BNetzA DNA:

  • 1. reg. triangle 2. Competition 3. EU law

7. Strong innovation cluster 8. >4 reg. institutions, competing for influence, producing a lot of proposals (“Reverse auction” for big solar) big solar)

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We will see whether speed or rock-solid setup is more successful p p for innovation in a large scale energy infrastructure transformation.

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