Oregon News and Analysis

September 2003

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Highlights
  • NW Natural Gas Joins Oregon Energy Trust Energy Efficiency Programs
  • Public Power Supporters Advocate PGE Takeover
Background  
The Oregon legislature passed SB 1149 in 1999 to partially deregulate the state's electric power industry. Unlike other state restructuring laws, SB 1149 does not require utilities to sell their power plants and other generation assets. All customers have the right to continue receiving "cost-of-service" rates unless the Oregon Public Utility Commission (PUC) decides to allow market-based rates. The law also mandates a utility fee to "fund and encourage energy conservation and development of renewable energy."

To further protect Oregon consumers from a California-style energy disaster, the 2001 legislature passed HB 3633, which allows the PUC to remove large business from the regulated rate after July 2003 only if the energy market is

The bottom line is communities of electors having a hand in the decision-making process of a utility. With PGE, we have been the victims of their decision-making process.
Lloyd Marbet, Oregon public power proponent, July 2003

If the city wants to buy us, then they can buy us. But we will do anything we can to stop condemnation.
Scott Simms, PGE spokesman, July 2003

stable and energy supplies are plentiful. It also postponed the start of deregulation from its original date of October 1, 2001 to March 1, 2002, largely because the Bonneville Power Administration planned to (and did) impose a rate hike on October 1, and legislators didn't want the public to blame deregulation for the higher rates.

Since March 1, 2002, large business customers of Portland General Electric (PGE) and Pacific Power -- the state's two investor-owned utilities -- have been allowed to buy electricity from competing energy suppliers. Competition does not extend to the utilities' residential customers, but they can choose from a portfolio of energy supply and rate options.

Both the legislature and the PUC made a concerted effort to incorporate consumer protection and development of energy efficiency and renewable energy programs into the Oregon deregulation plan. That commitment is evident in the "Basic Objectives of Senate Bill 1149" posted on the PUC website:

To restructure the way rates are set to allow nonresidential consumers the opportunity to buy your electricity supply from a supplier other than the local utility, known as "Direct Access."

To provide the basis from which the state can make a gradual transition to a more competitive market for electricity at both the wholesale and retail level by establishing more efficient markets and opening the door to new products, new services and new technologies.

To provide a buffer for consumers while the wholesale market matures.

To give consumers more choices and more influence over the way electricity is delivered and used.

To assure sufficient support for energy conservation and development of new renewable energy through a stable funding source.

To protect consumers from undue cost shifts when other consumers choose other suppliers under Direct Access.

Energy options portfolio
As required by the restructuring law, a 12-member portfolio advisory committee representing utilities, local government, residential and small business consumers, public/regional interests groups, the PUC, and the Oregon Office of Energy reviewed and recommended a number of energy options, which were then approved by the PUC.

Residential consumers can now simply stay with their traditional utility -- an option called Basic Service -- and pay regulated cost-of-service rates, or they can sign up for one of the following options:

1. Time of Use. Consumers who use more energy during off-peak hours pay lower rates. The cheapest time of day is between 10 p.m. and 6 a.m. The higher peak usage rates are charged for use during weekday mornings and evenings. Customers who sign up for this program pay for a special meter and sign on for 10 or 12 months (depending on the utility).

2. Renewable Usage. Customers can sign up for wind- or geothermal-generated power. Although they may not receive the actual electricity generated from these renewable resources, PGE and Pacific Power will feed an equivalent amount of that power into their transmission grids. Customers who sign up for this program will pay an estimated $6 to $9 extra each month.

3. Fixed Renewable. Customers can buy electricity from PGE’s Clean Wind program or Pacific Power’s Blue Sky program.

4. Habitat. Electricity used is billed at the Basic Service rate, plus a monthly premium to support clean renewable energy and restore fish habitat. Pacific Power customers pay a $2.50 monthly charge if they choose this option, while PGE customers pay $1.90.

All residential customers of PGE and Pacific Power received enrollment forms, allowing them to stay with their current service or pick an alternative energy option. 

As of September 2003, the following isues are of importance to Oregon consumers:

Choice status 
As of August 2003, 1.2 million PGE and Pacific Power customers were eligible to choose portfolio options. Of these, 10,023 are signed up for fixed renewable, 20,575 for renewable usage, 6,953 for habitat, 3,393 for time-of-use, and 1,109 for seasonal flux (PGE customers do not have the seasonal flux option). Thus, about 3.4 percent of eligible residential customers have signed up for alternative rate options.

Energy efficiency programs
Since March 1, 2002, utilities have been required to pay three percent of their revenue into a public benefits fund to develop programs for energy efficiency, new renewable energy sources, and low-income weatherization. Customers help pay for these programs through a public purpose fee.

Eighty-seven percent of the fund will be used for energy conservation and renewable energy programs. Energy Trust of Oregon, a newly formed nonprofit organization, has a contract with the PUC to oversee collection and administration of the fund. The remaining 17 percent of the public benefits fund goes to Oregon Housing and Human Services for new and existing low-income weatherization programs.  (Click here for more detailed information on Oregon's use of its public benefits fund.)

The Energy Trust has an ambitious energy-use reduction goal. The group is designing its programs to save 300 megawatts (MW) – enough to power a small city – through a combination of programs to promote commercial and residential energy efficiency and use of renewable power by 2012.

When it began operations in March 2002, the Energy Trust worked with the two utilities to continue existing residential energy efficiency programs – basically home audits and rebates for insulation and energy-efficient appliances. In March 2003, the organization unveiled a new residential program, one that combines traditional energy efficiency measures with new services designed to reach households that have been underserved by energy programs in the past.

The Energy Trust now offers energy efficiency services – including weatherization measures, duct sealing, lighting, heating/cooling systems repair and upgrades, and financing – to all eligible residential customers. The new program may also offer additional services and/or incentives to certain target markets, including "near low-income" households, multi-family housing and manufactured homes.

Soon after the Energy Trust opened its doors, Oregon’s major natural gas utility – Northwest Natural Gas – decided to participate in the Energy Trust’s energy efficiency programs. In September 2002, the company announced that it would follow the model of the electric utilities and institute a small charge to residential and commercial customers to fund a public purposes program for low-income bill payment assistance, low-income weatherization assistance and enhanced energy efficiency programs. Northwest Natural customers became eligible for Energy Trust programs in July 2003.

Public power versus Enron 
PGE is one of bankrupt Enron Corporation’s few remaining assets, and the utility’s future has become a huge issue in Oregon. Under Enron’s ownership, PGE’s rates have increased by 47 percent since the late 1990s, according to Nancy Newell, a legal intervener in a suit that tried to stop the PGE-Enron merger. As part of current bankruptcy proceedings, the company could be sold to the highest bidder – with unknown ramifications for the company’s customers. Public power advocates are hoping that it can be taken over by a publicly owned utility if a referendum to form public utility districts in the Portland area is passed in the November election.

Oregon has a number of public utility districts that have been operating for decades. In August 2002, the Oregon Public Power Coalition began a petition drive to form public utility districts in the counties served by PGE – Multnomah, Clackamas, Yamhill, Washington and Marion/Polk. The Multnomah County PUD is on the ballot for November, Yamhill County’s is scheduled for March, and signature gathering is ongoing in the other counties.

Multnomah County includes the City of Portland and thus has the highest number of PGE customers – around 600,000; the other counties have a total of about 150,000 customers. If approved, the Multnomah PUD would have the power of eminent domain. In cooperation with PUDs in counties also served by PGE, it could make an initial offer for the utility, as the City of Portland did, for $2.2 billion, although that bid failed. Under eminent domain, if the initial offer is refused, the matter is referred to a jury of peers, selected using the same process as a civil court where a jury is selected from the community and after agreement by both sides on which jurors they wish to have. The court then starts the legal process of hearings. This group would use information from an in-depth engineering and operating study to set a price by determining the depreciated value of PGE’s assets.

In August, Republicans in the state legislature tried to stop the move toward an Enron takeover by introducing a bill that would have prevented any city with more than 500,000 people from forming a municipal utility district. The measure passed the House, but Democrats killed it in the Senate.

Meanwhile, the Enron bankruptcy proceeds. The bankruptcy reorganization plan proposed by Enron in July 2003 would allow it to split off PGE assets and sell them individually or turn its stock over the creditors by 2005. The bankruptcy judge has not yet made a decision on the plan. As of September 2003, no private bidders have come forward, probably, Newell said, because they do not want to run the risk of liabilities, including workers’ retirement settlements and a stockholder lawsuit, or because of the prospect of a PUD takeover. However, she also noted that it is difficult to tell because bankruptcy negotiations have not been open to the public.

Future role of competition 
Although the Oregon legislature designed and passed an electric deregulation bill that shields residential consumers from competition, it did not eliminate the possibility that the state would choose a competitive retail market in the future. The 1999 law directed the PUC to prepare a report by January 1, 2003 on whether residential electricity consumers would benefit from direct access to electricity services.

Released in December 2002, the PUC report concludes that residential consumers in Oregon would not profit at this time from a choice of competing power suppliers for the following reasons:

• There likely would be few, if any, power suppliers competing for residential consumers.

• Today, the cost of implementing a competitive power market for residential consumers exceeds the likely benefits.

• Competitive power markets for residential consumers have not been in place long enough in other states to learn from their experiences.

• Residential consumers are not well suited to assess or manage the risks of a competitive retail power market that is just beginning to develop. Further, consumer protection concerns remain. 

• New utility rate options give residential consumers meaningful choices without the risks of a competitive power market.

Below is a history of Oregon's residential electric rates since 1995:

Oregon Average Annual Price per kWh (nominal cents)
  1995 1996 1997 1998 1999 2000 2001 2002 2003*
Residential 5.5 5.7 5.6 5.8 5.7 5.9 6.6 7.4 6.7
Source: Energy Information Administration
*Price as of May 2003

 

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Last Updated: 09/25/2003