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A word from NCL: The Alliance to Protect Electricity Consumers endorses strong support of consumer service and protection, a primary mission of NCL and its members. As in any coalition, the widely diverse organizations in APEC naturally hold a range of opinions on any given issue. The consensus stated in the Statement of Principles, however, clearly expresses the need for careful, reasoned approaches as changes to the electric industry are considered.
 

Alliance to Protect Electricity Consumers


 

Statement of Principles

regarding

Electric Industry Deregulation





 

February 12, 1998






 

Alliance to Protect Electricity Consumers

The Alliance to Protect Electricity Consumers (APEC) is a coalition of highly diverse organizations formed to ensure the positive resolution of consumer issues related to electric industry deregulation. Our common concerns are the potential effects of deregulation on consumers, communities, the environment and the workplace.



 

Statement of Principles Regarding Electric Industry Restructuring

This Statement of Principles is the consensus view of APEC members regarding the specific topics listed below. It is a presentation of facts and issues which we recommend to policy makers and the general public for careful consideration.


Contents

APEC Organizations & Contacts

Cost to Consumers

Environment

Mergers and Market Dominance

Reliability

Safety

Societal Impacts

Stranded Costs

Stranded Workers

Tax Revenues

Universal Service


 

Organizations and Contacts

Organization Contact Person Phone Email
A. Philip Randolph Institute Norman Hill 202-289-2774  
American Federation of Labor and Congress of Industrial Organizations Bill Cunningham 202-637-5169  
American Federation of State, County and Municipal Employees Ed Jayne 202-429-1188 jae@afscme.org
American Public Power Association Madalyn Cafruny 202-467-2952  
Building and Construction Trades Department, AFL-CIO Dick Seelmeyer 202-347-1461  
Consumer Federation of America Mary Rouleau 202-387-6121  
Electric Consumers Alliance Bob Brandon 202-331-1550  
Friends of the Earth John McCormick 202-783-7400  
Industrial Union Department, AFL-CIO Peter diCicco 202-842-7817  
International Association of Machinists Mike Flynn 301-967-4704  
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers Bridget Powell Martin 703-560-1493  
International Brotherhood of Electrical Workers Mike Emig 202-728-6060  
International Federation of Professional and Technical Engineers Candace M. Rhett 301-565-9016  
Maritime Trades Department Daniel Duncan 301-899-0675  
National Association of Community Action Agencies Christine Alden 202-265-7546  
National Consumer Law Center Kay Guinane 202-986-6060  
National Consumers League Linda Golodner 202-835-3323  
National Council of Senior Citizens Daniel Schulder 301-578-8839  
National Farmers Union Lynn McBride 202-554-1600  
National Rural Community Assistance Program Kathleen Stanley 703-771-8636  
National Rural Electric Cooperative Association Bob Kabat 703-907-5641  
Oil, Chemical and Atomic Workers International Union Paula Littles 703-876-9300  
Public Citizen Wenonah Hauter 202-546-4996  
Service Employees International Union Robert Masciola 202-898-3346  
United Mineworkers of America Kristin Leary 202-842-7294  
United Steelworkers of America Steve Francisco 202-778-4384  
Utility Workers Union of America Sam Weinstein 202-347-8105  

 

APEC Principles, 2/12/98

Cost to Consumers

Electric rates could increase for residential customers and small business due to profiteering, temporary shortages, and the shifting of costs from large industrial users to small commercial and residential customers. Any legislative and regulatory actions leading to deregulation or restructuring of the electric utility industry should not proceed if lower rates for residential consumers and small businesses cannot be guaranteed for both the short and long term.

Where deregulation is adopted, residential and small business consumers could face several possible scenarios:

Deregulation will actually increase rates for consumers in states with low-cost electricity, if utilities export the cheap electricity and sell it elsewhere to the highest bidder.

Predicted price decreases may not materialize if there is not adequate generation supply and vigorous competition in generation markets. Dominant firms will be able to charge higher prices if there are too few competing sellers. Residential consumers will not have the same buying power as large industrial customers, who will have the bargaining leverage to buy up all the low-cost power, leaving only high-cost power for residential consumers.

Consumers will have to sift through confusing, possibly misleading, offers of electricity prices, savings, service options, and payment plans. They may have to pay transaction fees to power marketers, brokers, and other middlemen, and the related increased marketing and advertising costs.

Whether caused by accidental outages or insufficient generating reserves, any shortage of electricity will drive up the market price of available electricity.

Depending on how stranded costs are divided between utilities and classes of consumers, any possible price reductions due to deregulation could be substantially delayed or nullified altogether. Residential consumers of a high-cost utility may end up paying a disproportionate share of its stranded costs if the utility's large customers no longer buy electricity from it.

Given these possibilities, deregulation might not provide lower prices to residential and small business consumers.

Consumers in certain markets are aggregating their electricity purchases to protect themselves from higher rates. Deregulation, however, should not require consumers to aggregate to avoid higher costs or reduced services.


 

Any deregulation plan must include,
at a minimum, the following consumer protections:

  • Lower Rates. Deregulation should not proceed if lower rates for residential and small business consumers cannot be guaranteed for both the short and long term.

     
  • Competitive Safeguards. If policymakers choose to deregulate, state and federal regulators must ensure that truly competitive generation markets have been created before deregulation is adopted, and maintained afterward. To prevent the creation of unregulated monopolies, specific definitions of what constitutes effective competition must be in place before deregulation takes place. In addition, state and federal agencies must update and strictly enforce antitrust and other statutes protecting consumers.

     
  • Protection from Price Cross-Subsidization. To increase profits to their stockholders, for-profit corporations with both competitive and regulated subsidiaries may attempt to subsidize their competitive subsidiaries by charging higher prices to captive customers of their regulated subsidiaries. State and federal regulators must prevent this type of cross-subsidization.

     
  • Access to Information. Consumers must be able to easily determine and compare the prices for transmission, distribution, and retail energy services and have access to information about the generation sources of the electricity they purchase.
     
  • Aggregation Protection. The ability of consumers to aggregate their electricity purchases must be protected.

     
  • Consumer Protections. Federal and state agencies must update and strictly enforce consumer protection laws to ensure fair marketing, sales and service practices. All sellers of electricity should, at a minimum, be licensed and be subject to penalty for license violations.

     

Regulators must address the following issues raised in an environment with multiple electric power suppliers: privacy protection; "slamming" (unauthorized switching of providers); "pre-selling" (securing customers before a supplier has the technical ability or legal authorization to provide service); fair and understandable billing; clearly written terms and conditions of service; nondiscrimination; adequate customer service offices.


 

APEC Principles, 2/12/98

Environment

Environmental and conservation programs implemented by electric power companies could be dropped and/or would not be expanded. Deregulation could adversely affect the environment. Funding for commercialization of renewable resources could be jeopardized.

Current attempts to deregulate the electric power industry make the already difficult environmental issues even more complex. Increasing competition is already leading to cuts in funding for energy efficiency, renewable energy, and other utility programs that protect the environment. Deregulation could lead to the shutdown of the most inefficient and expensive power plants, but it could also result in marketing and advertising that encourages greater consumption and increased emissions.


 

Any plan to deregulate the electric power industry must include the following measures:

  • Spending on programs to conserve energy and increase the reliance on cleaner electric power sources, which is already inadequate, must not be reduced. Spending should be increased for energy efficiency and clean energy technologies such as wind, solar, biomass, geothermal, ethanol, small hydro power and advanced fossil energy technologies.

     
  • No existing generating unit should be allowed to operate in violation of any existing or future Clean Air Act provision or regulation.

     
  • States and the federal government should improve the energy efficiency of buildings and equipment by making appropriate changes to building codes and efficiency standards. The federal government should apply and meet the same standards for buildings and efficiency that are required of non-federal sectors of the economy.

     
  • Recipients of low-income energy assistance should not be prevented from purchasing power from environmentally-efficient generation sources.