By Thomas Mitchell
One of the big questions lingering about a constitutional amendment on the November ballot that would end electric power monopolies and create an open and competitive market electricity is: Just how will it affect customers of rural Nevada’s power cooperatives?
Question 3 on the 2016 General Election ballot — the Energy Choice Initiative (ECI) — passed by an overwhelming 72.4 percent to 27.6 percent. Because the measure would amend the state Constitution, it is back on the ballot this fall for final voter approval, but now a coalition headed by NV Energy is campaigning to defeat it.
David Luttrell — general manager of the Lincoln County Power District No. 1, president of the Nevada Rural Electric Association and a member of the Governor’s Committee on Energy Choice — said his power district has not joined the coalition opposing the initiative, but he is concerned the initiative’s impact on rural Nevada, should it pass, is not being adequately addressed.
“As we’re moving toward energy choice we were hopeful that there would be some recognition that the rural organizations, by definition, offer choice, so there are choices,” Luttrell said in a recent interview. “They were created by the people they serve for the people they serve. So at a very fundamental level that is choice.”
None of the rules will be written until and unless it passes again in November and goes to lawmakers. Luttrell said what is really going on at this stage is a kind of record building and fact finding.
“If you look at some of the comments of proponents of energy choice, one of the things they very strongly believe is that existing utilities do not and are not allowed to be retail energy providers, and their argument, I understand, I get the basis of their argument, is that an existing utility, retail energy provider, they do have an advantage that others that want to come into the area will not be able to compete against,” he said.
The proponents say it would be unfair and hinder real competition intended to lower overall power bills if the existing utilities are allowed to continue to generate power at the facilities they own and maintain existing contracts with outside suppliers.
While that argument is being made, it is not necessarily mandatory. The initiative itself simply requires the Legislature to pass a law providing an open, competitive retail electric energy market by July 1, 2023. The law must include provisions to reduce customer costs, protect against service disconnections and unfair practices, and prohibit the granting of monopolies for power generation, but could leave in place regulation of transmission or distribution systems.
On their website the backers of the initiative say it would be up to lawmakers to decide if current utilities would have to divest their generation facilities.
“In some energy choice states, energy consumers do not HAVE to choose a new supplier. They can choose to remain with the incumbent utility. Other states have chosen to prohibit the utility from generating and selling power to consumers,” the ECI website offers. “In both cases, the utility retains ownership of the transmission and distribution grid and responsibility for maintaining the system and billing customers. Energy choice states simply give consumers the right to choose a new supplier, aggregate a community to purchase electricity, or generate their own power.”
But Paul Caudill, CEO of NV Energy, has told the Governor’s Committee on Energy Choice that, if voters approve the amendment, his company is ready to divest all generation assets and all purchase power agreements. He said the company has no interest in being a provider of last resort and will most likely transform into a wires only company.
NV Energy has suggested divestiture could result in so-called stranded cost of as much as $7 billion that would have to be paid by existing customers.
The Public Utilities Commission of Nevada estimates those stranded costs could cause electricity rates to rise $24.91 a month in Southern Nevada and $6.52 Northern Nevada for residential customers.
But a report by the Garrett Group presented to the Governor’s Committee on Energy Choice recently on behalf of the initiative backers said such a sell off should be profitable, and, when coupled with the recent tax law changes, should cause power bills to drop by $11.16 a month.
If rural power cooperatives have to divest their contracts for cheap hydroelectric power, Luttell says bills will necessarily soar.
Next week: Part 2