MWEA MWEA Meeting Meeting March 14, 2012 March 14, 2012 CONTACT - - PDF document

mwea mwea meeting meeting
SMART_READER_LITE
LIVE PREVIEW

MWEA MWEA Meeting Meeting March 14, 2012 March 14, 2012 CONTACT - - PDF document

3/21/2012 MWEA MWEA Meeting Meeting March 14, 2012 March 14, 2012 CONTACT INFORMATION CONTACT INFORMATION RODERICK S. Rick COY RODERICK S. Rick COY CLARK HILL PLC CLARK HILL PLC 212 EAST GRAND RIVER AVE 212 EAST GRAND RIVER


slide-1
SLIDE 1

3/21/2012 1

MWEA MWEA Meeting Meeting

March 14, 2012 March 14, 2012

CONTACT INFORMATION CONTACT INFORMATION

RODERICK S. “Rick” COY RODERICK S. “Rick” COY CLARK HILL PLC CLARK HILL PLC 212 EAST GRAND RIVER AVE 212 EAST GRAND RIVER AVE 212 EAST GRAND RIVER AVE 212 EAST GRAND RIVER AVE LANSING, MI 48906 LANSING, MI 48906 PHONE: (517) 318 PHONE: (517) 318-

  • 3028

3028 FAX: (517) 318 FAX: (517) 318-

  • 3099

3099 Email: rcoy@clarkhill.com Email: rcoy@clarkhill.com

Electricity Rates Electricity Rates Charged to Municipals Charged to Municipals

Unreasonable and getting worse! Unreasonable and getting worse!

slide-2
SLIDE 2

3/21/2012 2

Lack of Competition Raises Costs Lack of Competition Raises Costs

We had competition from 2000

We had competition from 2000 – – 2008 2008

It reduced rates for those who chose alternative

It reduced rates for those who chose alternative suppliers suppliers I k d f h h d i h h I k d f h h d i h h

It kept rates down for those who stayed with the

It kept rates down for those who stayed with the incumbent utility companies incumbent utility companies

But, then the legislature re

But, then the legislature re-

  • monopolized the

monopolized the electric utility industry in Michgan in 2008 electric utility industry in Michgan in 2008

Competition works Competition works

Airlines

Airlines

Trucking

Trucking

Telecommunications

Telecommunications

Natural gas

Natural gas

5

It worked in Michigan from 2000 It worked in Michigan from 2000-

  • 2008

2008

Michigan electric markets opened in 2000

Michigan electric markets opened in 2000

Our electric rates were way higher than regional

Our electric rates were way higher than regional averages averages

  • Gov. John
  • Gov. John Engler

Engler identified it as a key business identified it as a key business disincentive in the disincentive in the 1990’s 1990’s; every study since ; every study since continues to identify high utility rates as a continues to identify high utility rates as a disadvantage to locating in Michigan disadvantage to locating in Michigan

North Star Steel Plant located in Ohio, not Michigan

North Star Steel Plant located in Ohio, not Michigan

Last major auto plant in Michigan in Lansing, where

Last major auto plant in Michigan in Lansing, where muni rates lower muni rates lower

6

slide-3
SLIDE 3

3/21/2012 3

Closing the gap, 2000 Closing the gap, 2000-

  • 2008

2008

0.53 0.46 0.41 0.22 0.19 0.16 0.24 0.19 0.36 0.49 0.29

Michigan rates compared to national average

Michigan rates were above national average – until competition started in 2000

7

  • 0.32
  • 0.11
  • 0.58
  • 0.67
  • 0.91
  • 0.76
  • 0.60
  • 0.80

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

New generation under 2000 law New generation under 2000 law

From 2000

From 2000-

  • 2008, independent power producers

2008, independent power producers built 4,000 megawatts of new power built 4,000 megawatts of new power

Plants in Dearborn, Zeeland, Covert, Carson City

Plants in Dearborn, Zeeland, Covert, Carson City and Jackson built at shareholder expense and risk and Jackson built at shareholder expense and risk and Jackson built at shareholder expense and risk and Jackson built at shareholder expense and risk

Increased reliability in Michigan

Increased reliability in Michigan

Proof that new generation can be built under

Proof that new generation can be built under competition competition – – without mandates that customers pay without mandates that customers pay for utility mistakes for utility mistakes

8

New Laws 2008 New Laws 2008

New Laws

New Laws

Act 286 of 2008

Act 286 of 2008

Act 295 of 2008

Act 295 of 2008

slide-4
SLIDE 4

3/21/2012 4

New Laws Effective October 2008 New Laws Effective October 2008

Utilities hailed passage

Utilities hailed passage

Said cleared way for new plants

Said cleared way for new plants

Said would lower rates for factories

Said would lower rates for factories

S id

ld pr id r t r “pr di t bilit ” S id ld pr id r t r “pr di t bilit ”

Said would provide greater “predictability”

Said would provide greater “predictability”

Reality

Reality

No new plants

No new plants – – none needed! none needed!

Industrial rates increase despite demand reduction

Industrial rates increase despite demand reduction

Twice a year, predictably, they raise their rates.

Twice a year, predictably, they raise their rates.

10

Act 286 Act 286 -

  • Subjects

Subjects

Future, not actual costs

Future, not actual costs

Automatic Rate Increases

Automatic Rate Increases Ch i t i t d t 10% Ch i t i t d t 10%

Choice restricted to 10%

Choice restricted to 10%

MPSC approval of mergers

MPSC approval of mergers

  • Cert. of Need (CON)
  • Cert. of Need (CON)

Cost based rates?!?

Cost based rates?!?

What’s happened since 2008? What’s happened since 2008?

12

slide-5
SLIDE 5

3/21/2012 5

slide-6
SLIDE 6

3/21/2012 6

slide-7
SLIDE 7

3/21/2012 7

What’s happened to Consumers Energy rates What’s happened to Consumers Energy rates since 2008 since 2008

CE electric case CE electric case Date of increase Date of increase Amount Amount U-

  • 15245

15245 6/10/2008 6/10/2008 $27,468,600 $27,468,600 U-

  • 15645

15645 11/2/2009 11/2/2009 $139,411,000 $139,411,000 U-

  • 16191

16191 11/4/2010 11/4/2010 $145,749,000 $145,749,000 U-

  • 16794

16794 12/11/2011* 12/11/2011* $165,475,000 $165,475,000 Total higher electric cost Total higher electric cost $478,103,600 $478,103,600

19

CE gas case CE gas case Date of Increase Date of Increase Amount Amount U-

  • 15506

15506 12/23/2008 12/23/2008 $22,400,000 settlement $22,400,000 settlement U-

  • 15986

15986 5/12/2010 5/12/2010 $65,893,000 $65,893,000 U-

  • 16418

16418 5/2011 5/2011 $31,364,000 settlement $31,364,000 settlement Total higher gas cost Total higher gas cost $119,657,000 $119,657,000

*Date of automatic increase per 2008 PA 286

What’s happened to Consumers Energy rates What’s happened to Consumers Energy rates since 2008 since 2008

Increase Increase in mills in mills % increase % increase

  • ver 10/08
  • ver 10/081

1. 1.

Rate cases Rate cases

  • a. U
  • a. U-
  • 15645 general rate case

15645 general rate case

i. i.

Interim 5/09: $179 million Interim 5/09: $179 million

ii. ii.

Final 11/09: $134.3 million Final 11/09: $134.3 million 4 mills 4 mills

  • b. U
  • b. U-
  • 16191 general rate case

16191 general rate case

  • i. Final 11/10: $146 million
  • i. Final 11/10: $146 million

4.4 mills 4.4 mills 20 Total new rate increases Total new rate increases 8.4 mills 8.4 mills 8.9 % 8.9 %

  • 2. PSCR
  • 2. PSCR
  • a. U
  • a. U-
  • 15415 (2008) PSCR av. 47.46 mills

15415 (2008) PSCR av. 47.46 mills

  • b. U
  • b. U-
  • 16045 (2010) PSCR av 53.33 mills

16045 (2010) PSCR av 53.33 mills

  • c. U
  • c. U-
  • 16432 (2011) PSCR

16432 (2011) PSCR 4.9 mills 4.9 mills 2.6 mills 2.6 mills Total PSCR increases Total PSCR increases 7.5 mills 7.5 mills 7.9 % 7.9 %

  • 3. Other increases, 10/08
  • 3. Other increases, 10/08-
  • 1/11

1/11 Nuclear decommission credits expire; stranded cost, electric restructuring, Nuclear decommission credits expire; stranded cost, electric restructuring, securitization bond and tax, UETM, E securitization bond and tax, UETM, E-

  • 1 discount, RPS, energy optimization,

1 discount, RPS, energy optimization, electric choice incentive electric choice incentive 7.9 mills 7.9 mills 8.3% 8.3%

Total rate case, PSCR, new charges Total rate case, PSCR, new charges 23.8 mills 23.8 mills 25% 25%

Results since implementation in October 2008 Results since implementation in October 2008

10.58% 15.47% 10.33%

Michigan overall electric rate increases, Dec. 2008 to May 2011 (understates DTE/Consumers increases)

21

All sector increases, comparing cents per kWh Source: US Energy Information Agency

5.67%

  • 4.18%

3.29% 3.13%

East North Central Illinois Indiana Michigan Ohio Wisconsin U.S.

slide-8
SLIDE 8

3/21/2012 8

Results since implementation in October 2008 Results since implementation in October 2008

6.46 6.1 6.23 7.73 7.22 6.5 7 7.5 8

Midwest industrial rates, May 2011

22

In cents/kWh Source: US Energy Information Agency

5.87 3 3.5 4 4.5 5 5.5 6 East North Central Illinois Indiana Michigan Ohio Wisconsin 0.53 0.46 0.41 0.22 0.19 0.16 0.24 0.19 0.36 0.49 0.29 0.15 0.37

Michigan rates compared to national average

Once competition killed, Michigan electric rates increase above national rates

23

  • 0.32
  • 0.11
  • 0.58
  • 0.67
  • 0.91
  • 0.76
  • 0.60
  • 0.80
  • 0.42

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Gap between Michigan and other states grows

Gap between Michigan and other states grows

Especially Illinois and Ohio, who have used

Especially Illinois and Ohio, who have used competition to lower rates competition to lower rates

Michigan rates now above national average

Michigan rates now above national average

Results since October 2008

g g g g

Utilities decide they don’t need additional

Utilities decide they don’t need additional power, drop plans for new plants power, drop plans for new plants

24

slide-9
SLIDE 9

3/21/2012 9

One year from passage of new law, 10 percent

One year from passage of new law, 10 percent competition cap hit competition cap hit

Those able to escape utilities get lower rates

Those able to escape utilities get lower rates

Now

Now 5 000

5 000 companies on waiting list to get out

companies on waiting list to get out

Results since October 2008

Now

Now 5,000

5,000 companies on waiting list to get out

companies on waiting list to get out

Government is picking winners

Government is picking winners – – those who those who were lucky enough to leave utilities were lucky enough to leave utilities – – and losers and losers – those forced to stay those forced to stay

25

RELEVANT BACKGROUND RELEVANT BACKGROUND

2008 Rate Case U 2008 Rate Case U-

  • 15245 CE Proposed

15245 CE Proposed

Rate Shock to Munis: 25%

Rate Shock to Munis: 25% -

  • 35%

35%

Elimination of “Muni” class of service

Elimination of “Muni” class of service

Grouping with commercial and industrials

Grouping with commercial and industrials

Munis intervened and

Munis intervened and

Staff proposed permanent pumping credit

Staff proposed permanent pumping credit

Learned Munis paying 125% of COS

Learned Munis paying 125% of COS

OVERALL GOALS of Muni Coalition OVERALL GOALS of Muni Coalition

Save Munis money now on power costs

Save Munis money now on power costs

Lower your future costs

Lower your future costs

Retain pumping credit as long as possible

Retain pumping credit as long as possible

Get solid cost of service information so not

Get solid cost of service information so not subsidizing other classes subsidizing other classes

Re

Re-

  • establish municipal “class of service”

establish municipal “class of service”

slide-10
SLIDE 10

3/21/2012 10

3 Prior CE Cases 3 Prior CE Cases

2007 Case U

2007 Case U-

  • 15245

15245

5%

5%-

  • 40% proposed increase

40% proposed increase

Saved Munis approximately $1,400,000 annually

Saved Munis approximately $1,400,000 annually

Savings about 18 times investment

Savings about 18 times investment

2008 Case U

2008 Case U-

  • 15645

15645

10%

10% -

  • 25% proposed increase

25% proposed increase

Saved Munis approximately $1,000,000 annually

Saved Munis approximately $1,000,000 annually

Savings about 7 times investment

Savings about 7 times investment

3 Prior CE Cases 3 Prior CE Cases

2010 Case U

2010 Case U-

  • 16191

16191

5%

5%-

  • 8% proposed increase

8% proposed increase

Saved Munis approximately $900,000 annually

Saved Munis approximately $900,000 annually

S

in b t 6 tim in tm nt S in b t 6 tim in tm nt

Savings about 6 times investment

Savings about 6 times investment

NEW 2011 Case U

NEW 2011 Case U-

  • 16794

16794

2%

2% -

  • 6% proposed increase

6% proposed increase

Savings TBD

Savings TBD

What to do to reduce rates? What to do to reduce rates?

slide-11
SLIDE 11

3/21/2012 11

Supplemental Advocacy Supplemental Advocacy

Legislative

Legislative

Insist that Munis be their own class of service like

Insist that Munis be their own class of service like schools schools

Ask to have the 10% cap on competitive choice be

Ask to have the 10% cap on competitive choice be lifted lifted

Legal & Public Relations

Legal & Public Relations

Consider creating/expanding your own electric

Consider creating/expanding your own electric utility utility

Consider leaving CE

Consider leaving CE

It’s time to lower electric bills! It’s time to lower electric bills!

We need electric competition more today than

We need electric competition more today than ever ever

Business leaders for Michigan benchmark:

Business leaders for Michigan benchmark: Michigan’s electric rates higher than competitor Michigan’s electric rates higher than competitor states states

MMA survey: Electric rates third in importance in

MMA survey: Electric rates third in importance in business costs in Michigan, behind only health care business costs in Michigan, behind only health care and labor costs and labor costs

Electric rates only one of those three set by government!

Electric rates only one of those three set by government!

32

It’s time to lower electric bills! It’s time to lower electric bills!

August statewide phone poll 800 likely voters: August statewide phone poll 800 likely voters: Would you favor a change in state law that would allow all customers to purchase their Would you favor a change in state law that would allow all customers to purchase their electric service from any supplier that is able to provide reliable electric service to their electric service from any supplier that is able to provide reliable electric service to their area and compete for customers by offering electric service at a lower price? area and compete for customers by offering electric service at a lower price? 74% TOTAL FAVOR 74% TOTAL FAVOR 18% TOTAL OPPOSE 18% TOTAL OPPOSE 18% TOTAL OPPOSE 18% TOTAL OPPOSE 8% 8% Undecided/Refused Undecided/Refused Do you think that having competition among companies that provide electric service, like Do you think that having competition among companies that provide electric service, like it has been done in the natural gas and telecommunications industries, is a good way or it has been done in the natural gas and telecommunications industries, is a good way or a bad way to control energy costs? a bad way to control energy costs? 75% TOTAL GOOD 75% TOTAL GOOD 13% TOTAL BAD 13% TOTAL BAD 12% 12% Undecided/Refused Undecided/Refused

  • 33
slide-12
SLIDE 12

3/21/2012 12

Conclusions & Conclusions & Recommendations Recommendations

Even though regulators have not been helping much

Even though regulators have not been helping much recently, stay the course and put some heat on the New recently, stay the course and put some heat on the New Commission in this case and beyond Commission in this case and beyond

Complain to legislators and seek legislative changes

Complain to legislators and seek legislative changes S l f i S l f i

Secure own customer class of service

Secure own customer class of service

Consider every option to leave

Consider every option to leave CE or CE or DTE DTE

Refuse to just be the passive customer of

Refuse to just be the passive customer of a a monopoly. monopoly.

CONTACT INFORMATION CONTACT INFORMATION

RODERICK S. “Rick” COY RODERICK S. “Rick” COY CLARK HILL PLC CLARK HILL PLC 212 EAST GRAND RIVER AVE 212 EAST GRAND RIVER AVE 212 EAST GRAND RIVER AVE 212 EAST GRAND RIVER AVE LANSING, MI 48906 LANSING, MI 48906 PHONE: (517) 318 PHONE: (517) 318-

  • 3028

3028 FAX: (517) 318 FAX: (517) 318-

  • 3099

3099 Email: rcoy@clarkhill.com Email: rcoy@clarkhill.com

slide-13
SLIDE 13
slide-14
SLIDE 14
slide-15
SLIDE 15
slide-16
SLIDE 16
slide-17
SLIDE 17