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STATE OF MAINE |
Docket No. 2002-161 |
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PUBLIC UTILITIES
COMMISSION |
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April 26, 2002 |
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Public Utilities Commission Interim Electric Energy Conservation Programs |
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PROPOSED
ORDER ESTABLISHING GOALS AND CRITERIA fOR INTERIM CONSERVATION PROGRAMS |
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WELCH, Chairman; NUGENT and DIAMOND,
Commissioners
I. SUMMARY
This Proposed Order considers various matters regarding
the selection of interim electric energy conservation programs that are
implemented pursuant to P.L. 2001, ch. 624, Section 7. These include program goals, cost
effectiveness tests, program candidates, and the decision making process that
the Maine Public Utilities Commission will use when selecting and implementing
interim programs. The Proposed Order
solicits comments from interested persons on these subjects. A public hearing will be held on May 10,
2002, and written comments will be due by May 17, 2002. The Commission will then issue a Final
Order.
II. BACKGROUND
P.L. 2001, ch. 624 (the Conservation Act),[1] enacted during the second session of the 120th Legislature, establishes terms that govern an electric energy conservation program in Maine. Section 4 of ch. 624 directs the Maine Public Utilities Commission (Commission) to develop and implement electric energy conservation programs that are consistent with the goals and objectives of an overall energy conservation program strategy that the Commission must establish. The programs must be cost-effective, according to a definition that the Commission also must establish. Various other statutory directives require the Commission to promulgate rules and hold public hearings.
Recognizing that the process of implementing electric
energy conservation programs will necessarily take many months, the Legislature
authorized the Commission to implement interim programs. Section 7 of ch. 624 states:
Interim
programs. In order to avoid a significant delay in the
implementation of conservation programs pursuant to the Maine Revised Statutes,
Title 35-A, Section 3211-A, the Public Utilities Commission may use funds from
the conservation program fund established pursuant to Title 35-A, section
3211-A, subsection 5 to implement on a short-term basis conservation programs
that the commission finds to be cost effective. The commission is not required to satisfy the requirements of
Title 35-A, section 3211-A before implementing such programs. Any programs implemented under this section
must terminate no later than December 31, 2003. Funds in the conservation program fund not used for short-term
programs under this section must be used in accordance with Title 35-A, section
3211-A.
The Commission intends to
implement interim programs during the summer of 2002. We expect to begin implementing longer term programs during
2003.
Through a “final” Order, we will establish the cost
effectiveness tests, objectives, and other criteria that we will use to choose
interim conservation programs. To the
extent possible based on written comments and public meetings with energy
delivery companies and stakeholders, we also will establish specific interim
programs in the Final Order. To the
extent that we cannot establish specific interim programs in the final Order,
we will establish our procedures for choosing programs. We issue this Proposed Order to obtain input
from interested persons on these matters.
In the Proposed Order, we state our initial preferences regarding
program objectives and criteria, list programs that we consider to be
candidates for implementation in the interim period, and state the procedures we
will follow to choose and implement programs.
We invite comment on all questions that we pose in the Proposed Order,
on our stated preferences, and on any other matter related to interim
conservation programs. After we review
comments, we will issue the Final Order containing our decisions.
III. BASIS FOR APPROVING INTERIM CONSERVATION PROGRAMS
The Conservation Act requires only that the Commission
implement interim programs that it finds cost effective.[2] In Implementing section 7 of the Act, we seek
to answer three broad questions: (1) how will we evaluate the cost
effectiveness of specific interim programs, (2) to what extent should we
consider the provisions of newly-enacted 35-A M.R.S.A. § 3211-A (section 4 of
the Act) when approving interim programs, and 3) are there other criteria to
consider? In the following paragraphs,
we state our initial preferences regarding the answers to these questions. We invite comments on whether they are
appropriate and whether we should follow alternative approaches. We wish to stress that, even though in
places this Proposed Order, like our examiner’s reports, may read like a final
order, it is not final in any respect.
All decisions described in this Order are preliminary and subject to
change after we receive written and oral comments.
A. Cost
Effectiveness
1. Appropriate
tests. Cost effectiveness testing
for conservation programs has a long history before this Commission. For example, the Electric Rate Reform Act
stated 25 years ago that
The Commission,
as it determines appropriate, shall order electric public utilities to submit
specific rate design proposals and related programs for implementing energy
conservation techniques and innovations … Such proposals shall, as the
Commission determines, be designed to encourage energy conservation, minimize
the need for new electrical generating capacity, and minimize the costs of
electricity to consumers… (Public Laws, 1977, Chapter 521).
Thus, we have spent the last twenty-five
years considering, and periodically reconsidering, how to test whether proposed
conservation measures are likely to minimize electricity (and sometimes other)
costs. The debate typically is framed
in terms of which of various cost effectiveness tests should be applied. That debate is generally reducible to a
debate over our goals in adopting conservation programs.
Our
last thorough review of this question was in 1988, when we adopted amendments
to Chapter 380, Demand Side Energy Management Programs by Electric Utilities,
(Docket No. 88-178).[3] When considering the cost effectiveness of
interim conservation programs, we propose to use the cost effectiveness
framework established in the original Chapter 380 (Ch. 380-O).
Ch.
380-O defined three cost effectiveness tests, but principally relied upon the
“All Ratepayers Test.” This test
measures whether a proposed conservation program provides the same level of end
use (e.g. lighting or hot water) at a lower overall net cost to utilities and
ratepayers taken together.
The
second cost effectiveness test in Ch. 380-O was the “Rate Impact Test.” This test measures the impact of a
conservation program on the overall average rate of the electric utility (in $
per kWh) rather than the total dollar cost.
This is a stricter test than the All Ratepayers Test. A decline in electricity use, from a
conservation program or for some other purpose, will tend to reduce the
utility’s profit, to the extent the reduction in revenue from lower sales is
greater than the utility’s savings from lower sales. At the present time, with utilities limited to the T&D
business and continuing to carry substantial stranded costs in their rates, it
is unlikely that many conservation programs will pass the Rate Impact Test.[4]
The
third cost effectiveness test in Ch. 380-O was the Societal Test, which
included all elements of the All Ratepayers Test as well as “environmental
benefits and any other social benefits external to the transaction between the
utilities and its customers.”
Ch.
380-O provided for automatic approval of any programs that passed both the All
Ratepayers Test and the Rate Impact Test and for programs that passed the All
Ratepayers Test and did not have a significant (defined as one percent) impact
on the average rate per kWh. There was
no indication in Ch. 380-O of how, if at all, the Societal Test should be
employed in analyzing conservation programs.
For
purposes of determining the cost effectiveness of interim conservation
programs, our initial preference is to utilize the framework established in Ch.
380-O. We would rely primarily on the
All Ratepayers Test to screen for cost effectiveness but would also consider
whether conservation programs, or groups of programs, are likely to have a
significant impact on rates.[5] In addition, just as Ch. 380-O provided the
Commission with flexibility to approve programs that did not meet these
thresholds, we would not automatically reject programs that fail to meet either
or both of these tests if there is sufficient evidence that the programs are
likely to prove cost effective by some other reasonable measure. For example, we might approve an interim
program that targets specific ratepayer populations or a pilot program that
aids in gathering information to develop future conservation programs.
2. Calculation of costs and savings. Beyond the specific choice of which cost
effectiveness tests to use, there are also data issues. While program costs and energy savings can
be considered on a case-by-case basis, certain principles apply to all
programs.
First, we can establish methods for
converting energy savings into dollar costs.
Ch. 380-O relied on estimations of avoided costs. Prior to restructuring, the Commission periodically
approved avoided costs for each of the large electric utilities. However, we no longer routinely determine
avoided costs explicitly. For purposes
of considering interim conservation programs, we propose to analyze generation
cost savings by looking to the competitive generation market for generation cost
savings. For residential and small
commercial and industrial (C&I) customers, we would use the prices under
existing standard offer contracts for the remaining term of those contracts,
since most residential and small C&I customers take service under the
standard offer. For other customers, we
would base estimates of cost savings on current market conditions as reported
in the trade press (e.g. the Natsource quotes of electricity prices for futures
contracts). Where the futures market is
thinly traded, we would rely on the next best available sources[6].
We propose to base delivery cost savings
(i.e., the costs saved for transmission and distribution) on the marginal
T&D costs used to evaluate special rate contracts under utilities’ pricing
flexibility programs. The Commission
routinely approves marginal costs for some utilities. We plan to use reasonable estimates of marginal costs for
utilities that have not filed marginal costs in recent years.
Finally, many states currently use
cost-benefit tests that include costs or benefits associated with non-electric
resources (e.g., increased use of gas or water), customer O&M expenses
(e.g., reduced maintenance on a more efficient product), post-program adoption
(e.g., the removal of an efficiency measure), and so-called “spillover effects”
(e.g., additional adoption of efficiency measures in response to customers’
satisfaction with the original measure).
The All Ratepayers Test does not preclude considering such costs and
benefits, and we would do so to the extent they can be reasonably well
quantified and are reasonably certain to occur.
3. Ability
to calculate cost effectiveness.
Conservation programs may be divided broadly into two categories, which
we will call primary-effect programs and secondary-effect programs. Primary-effect programs are those in which
program funding is directly related to kWhs saved. For example, a program that pays a customer a fixed rebate to
replace an existing motor with a more efficient motor is a primary-effect program. Program planners can be reasonably certain
that some level of savings will occur and can either directly measure the
savings or can make a reasonable calculation of savings based on engineering
estimates.
Secondary-effect programs are those in which
funding is paid to an intermediary, who in turn uses the money for one of a
variety of purposes aimed at influencing an energy consumer’s behavior. For example, an education or advertising
program funds an entity that then influences consumers to use less energy or
use it more efficiently. In this
instance, cost effectiveness is more difficult to measure, since there is no
direct link allowing program planners to measure behavior that results from the
program.
While we recognize that both types of programs
have advantages and disadvantages, our initial preference is to favor
primary-effect programs in the interim period.
Secondary-effect programs necessarily require more investigation before
we can ascertain effectiveness and therefore we are less likely to be able to
evaluate their cost effectiveness sufficiently to implement them on an interim
basis this summer. We invite comments
about whether we should favor primary-effect programs in the interim period. Commenters who disagree with our preference should
offer suggestions for how we can assess cost effectiveness adequately while
implementing secondary-effect interim programs in a timely manner.
B. Other Objectives Stated in the
Conservation Act
In addition to requiring cost beneficial
programs, newly-enacted 35-A M.R.S.A. § 3211-A (section 4 of the Act)
establishes specific objectives that the Commission must consider when
developing its statewide plan.
Subsection 2 of Section 3211-A states that the Commission shall:
1. target
20% of funds to low income consumers;
2. target
20% of funds to small businesses; and
3. allow all other customers a reasonable
opportunity to participate in a program.
In
addition, the Commission must consider programs that (summarized):
1. increase
consumer awareness;
2. create
favorable market conditions for efficient products;
3. promote sustainable economic
development; and
4. promote reduced environmental
damage.
While the Act relieves the Commission of the
obligation to apply the statutory criteria to its interim programs, it clearly
indicates the Legislature’s preference for accomplishing specific policy
goals. Thus, our initial preference is
to choose a portfolio of interim programs that meet the statutory criteria to
the extent practical. We will not
attempt to reach the target percentages stated in the Act. However, when evaluating a candidate
program, we will consider its success in accomplishing an objective stated in
the Act, and will attempt to choose programs that, when taken together, accomplish
as many of these objectives as possible.
C. Other Criteria
The Act requires that interim programs be
discontinued no later than December 31, 2003.
With this in mind, we will consider three additional criteria when
choosing interim programs.
1.
Quick start-up. A candidate program should have an
established delivery system that can be activated in less than two months. Programs that are currently operating in
Maine or a nearby state are good candidates for this purpose.
2. Potential as a pilot. We will consider programs that will provide
information that will be useful when choosing permanent statewide
programs. Such programs may use one
customer to gain insight into larger numbers of customers, may aid in
determining if a delivery system is effective, or may aid in quantifying costs
and benefits.
3. Proven successful elsewhere. Because we have only a few months to
choose interim programs, we will rely on information already learned in Maine
or in other states. Programs that have proven
to be indisputably cost beneficial or to clearly meet a target objective are
good candidates for this purpose.
IV. EVALUATION
The Act
requires that we determine that interim programs are cost effective. For this reason, as well as to inform our longer
term conservation decisions, we intend to perform evaluations on the
effectiveness of interim programs in meeting cost effectiveness tests and other
objectives of the Act. We invite
interested persons to comment on the most effective means of performing these
evaluations.
V. CANDIDATE INTERIM PROGRAMS
Using the cost effectiveness approach, objectives, and
criteria discussed earlier, we have identified programs that are reasonable
candidates for inclusion in the interim program portfolio. More thorough investigation must be done
before we conclude which of these programs should be implemented. In addition, the cost of all potential
interim programs must be determined, to ensure that we maintain a reasonable
spending level.
In this Proposed Order, we describe each candidate
program and its likely success in meeting the criteria for interim
programs. We invite comment on our
preliminary assessment of these programs and on the specific questions we ask about
each program. Interested persons may
also comment on any other interim program we should consider, including its
cost benefit effect, its success in reaching the objectives stated in the Act,
and its success in meeting our additional criteria for interim programs.
A. Facilities Manager/Building Operator
Certification Programs
1. Program description. The Building Operator Certification (BOC)
program is an educational program targeted at the small commercial and
institutional sectors. The Commission
would contract with the Northeast Energy Efficiency Partnerships, Inc. (NEEP)
to offer its BOC program in Maine. The
program is a competency-based training and certification for building operators
designed to improve the energy efficiency of commercial buildings. Operators
earn certification by attending training sessions and completing project
assignments in their facilities. The certification provides a credential for
their professional development while also offering employers a way to identify
skilled operators. The Conservation
Fund could partially fund tuition as an incentive to attend. The cost to offer this program in Maine
through NEEP is likely to be approximately $230,000.
2. Advantages.
The BOC program is a secondary-effect program.
Thus, its cost effectiveness is difficult to quantify. However, the BOC program trains people whose
function is to make energy decisions for businesses, and is therefore more
directly linked to energy behavior than are many secondary-effect programs. An evaluation, performed by an independent
consultant in 2001, of a similar program that has been operational in the
Northwest for three years determined that the program had a benefit-cost ratio
of 7.8.
The BOC program meets four of the
objectives and criteria for interim programs discussed earlier. It allows relatively quick start-up because
a regional program exists and one utility currently has a tariff pending at the
Commission. It is available for small
businesses. It creates favorable market
conditions for efficient products because it educates a wide range of people
whose function is to purchase and manage energy products. Finally, it promotes sustainable economic
development because it results in permanent improvement in building
construction and operation, thereby lowering the energy costs of businesses
that employ the lessons learned from the program. The program has spillover effects as well. Operators who are trained in the program
will take their knowledge and skills with them when they change employer. Thus, other buildings benefit from the
training.
In addition to comments on the
success of this program in meeting the objectives and criteria of an interim
program, we invite comment on whether the BOC program duplicates the education
program already offered to energy managers in Bangor Hydro-Electric (BHE)
Company’s territory.
B. State Buildings Program
1. Program description. This program would target state-owned
buildings and would be conducted jointly with the Department of Administrative
and Financial Services (DAFS). The
Conservation Fund would be used to retrofit facilities or equipment at State
facilities that would remain less efficient absent the financial
incentive. DAFS would propose projects
that would result in a higher level of efficiency, but that cannot be completed
due to a lack of funding. This program
is expected to be cost effective because the Commission or its consultant would
screen projects to ensure they meet the All Ratepayers Test.
2. Advantages. The state buildings program is a primary-effect
program. Therefore, cost effectiveness
will be measurable and will be highly likely to occur through the selection
process.
In addition to guaranteed cost
effectiveness[7], the program
meets three criteria for interim programs.
It allows a wide number of Maine’s citizens to indirectly participate by
virtue of impacting a state building that is funded by all taxpayers. It creates a favorable market condition for
efficient products because it increases the knowledge of individuals whose function
is to construct and maintain multiple buildings. Finally, it is an effective pilot for a commercial building
retrofit program targeted to a wider variety of businesses.
C. Residential Lighting Program
1. Program description. This program would improve the efficiency of
residential lighting. The Commission
would contract with an energy service organization to promote Energy Star
Lighting (ESL) products throughout the State.
Consumers buying the efficient lights would be eligible to receive rebates. The program goal would be to increase the
energy efficiency of residential customers.
The estimated cost of this program would be approximately $700,000 per
year.
2. Advantages. Evaluations of residential lighting programs
in other states have found energy efficient lighting programs to be cost
effective. Residential lighting
programs formerly offered in Maine, although not identical to this program,
typically have been evaluated as being cost effective.
The ESL program meets
five objectives and criteria for interim programs. It allows relatively quick start-up because contractors who can
run such a program already exist. It
allows all residential customers a reasonable opportunity to participate, since
all homes use lights. It increases
consumer awareness because its advertisements will be heard or seen regardless
of whether a consumer participates. It
creates favorable market conditions for efficient products because it improves
consumers’ and retailers’ knowledge of an efficient product. Finally, it is an effective pilot for an
ongoing lighting program operated by local vendors.
In
addition to comments on the success of this program in meeting the objectives
and criteria of an interim program, we invite comment on whether a Maine-based
or a regional approach will be more effective in meeting interim program goals.
D. School Education Program
1. Program description. There are two Maine-based energy curricula –
the Maine Energy Education Program (MEEP) and Maine Public Service Company’s
(MPS) energy advisor program - and there are a variety of regional or national
programs that could be adopted in Maine.
MEEP recently provided a proposal for a one-year program at a cost of
$83,500.
Many
conservation stakeholders view school-based education as an important component
of state conservation efforts because these programs appear to help produce an
energy literate citizenry. These
programs appear to influence current and future conservation actions and
efficiency purchases as children, teachers and school facilities managers who
participate in these programs, and perhaps also their families, make
energy-related decisions and purchases.
MEEP’s programs include workshops, classroom projects, and training
seminars for children and their teachers, and MEEP’s energy patrols and Green
Schools programs, which train students, and often involve school facility
managers, in identifying and implementing actions to reduce school energy
consumption. The Green Schools program
also sometimes includes energy audits by energy efficiency professionals to
influence actions taken at these schools.
2. Advantages. A school education program is a
secondary-effect program. Because it
trains children, its link to energy behavior is particularly difficult to measure. We know of no cost benefit analysis done on
the MEEP program. However, the MEEP
program is well-established in Maine, and is relatively inexpensive to fund for
the interim period while a permanent conservation plan is developed.
The MEEP and MPS programs meet three of the objectives and criteria for interim programs. They allow quick start-up, since they are already in operation. They allow a wide variety of customers (through their children) to participate, and they increase consumer awareness of conservation options.
The Commission may also work with the Department of Education, the University of Maine, or other qualified educational institution(s) to develop curriculum content that would enhance students’ and their families’ abilities to understand utility bills and related issues and thereby to use energy more cost effectively. We invite comment on this possibility.
In addition to comments on the success of this program in meeting the objectives and criteria of an interim program, we invite comment on the following questions:
· Should a school-based education program(s) be offered as an interim program even if it does not pass the cost-effectiveness test established for interim programs?
· What is the best means of measuring the effectiveness of school-based education programs, to provide a basis for overall program evaluation and progress payment?
· Are MEEP and/or the MPS program the most appropriate interim programs? Are there other school-based education programs, such working with other organizations to develop energy curricula that would be appropriate as an interim program?
E. Existing Utility Programs
1. Program description. Utilities are currently conducting some
energy conservation program activities.
These programs should be continued during the early portion of the
interim period, while we investigate an orderly transition to other vendors or
to a phase-out.[8]
2. Advantages. Current utility programs have been evaluated
as being cost effective. They allow
quick start-up because they are already in operation. While they meet other objectives and criteria to varying degrees,
the primary purpose for continuing these programs is to allow an orderly
transition to a permanent portfolio of conservation programs.
F. Low Income Programs
1. Program description. The Legislature has directed us to allocate
about 20% of the conservation spending towards low-income consumers. As part of the investigation led by the
Maine State Planning Office, stakeholders investigated a low-income appliance
replacement program. Under this program, the Conservation Fund would be used to
purchase energy-efficient refrigerators to replace inefficient or
malfunctioning refrigerators (or perhaps other appliances) owned by low-income
households. The program would be
delivered by the Maine State Housing Authority (MSHA) and regional Community
Action Program (CAP) agencies who already deliver energy-related programs to
low-income households in Maine. The
estimated cost for the program was about $800,000, but the program is in a
conceptual stage and there are still substantial design issues to be
resolved.
Alternative
programs exist that are likely to be quicker to implement. For example, an energy service company
hired by the Commission might weatherize low-income customers’ homes or the
Commission might contract with a company to conduct a light bulb replacement
program for low-income households. At
this time, we have no evidence of the cost effectiveness of any of these
approaches.
We
invite interested persons to suggest effective interim programs targeted to
low-income customers. Commenters should
report on the likely cost effectiveness and the success of their suggested
programs in meeting the objectives and criteria for interim programs. We also invite interested persons to comment
on whether we should implement an interim program targeted to low-income
customers, or whether conservation funds would more effectively reach
low-income customers by developing an effective long-term program. Finally, we request comments on how the
Commission’s interim program might complement low-income programs offered by
other State agencies and Community Action Programs (CAPs).
G. School Lighting Retrofit Rebates
1. Program description. This program would target school districts
throughout the State and, through a rebate, fund the replacement of inefficient
lighting with high efficiency lighting.
Rebates would be distributed among utility service territories in proportion
to the amount of incremental funding provided by the ratepayers in each service
territory. This program would likely be
cost effective because the Commission or its consultant would screen projects
to ensure they meet the All Ratepayers Test.
However, no delivery mechanism currently exists. The Commission must hire a vendor or
consultant to implement the program, who may be hampered by unavailable school
resources during the summer.
2. Advantages. The school lighting retrofit rebate program
is a primary-effect program. Therefore,
cost effectiveness would be measurable and would be highly likely to be
attainable through the selection process.
In
addition to being cost effective, the program meets three objectives and
criteria for interim programs. It is a
useful pilot both for programs that target commercial lighting and for programs
that target school districts. It
benefits many customers, since all citizens in a community fund the school
system. Finally, it may increase
consumer awareness within the communities affected, if town leaders and the
news media are aware of the program within a particular town.
Alternatively,
we are aware of an existing regional program, the Design Light Consortium
Program, that offers a school gymnasium lighting template to contractors who
are constructing or retrofitting school buildings. We invite comments on the effectiveness of this
alternative. We also invite comment on
whether targeting school districts would be an effective way to benefit a wider
variety of citizens and obtain more awareness of conservation programs than
through programs that are available to private businesses.
H.
NEEP Motor Up
Program
1. Program Description. NEEP’s “Motor Up” program promotes
premium efficiency motors as the standard for motors sold in the Northeast region
to commercial and industrial users. The Northeast Premium Efficiency Motors
Initiative is now offering incentives for motors that meet the Consortium for
Energy Efficiency standard for premium motors purchased in New Jersey and
several New England states. Other Initiative activities include coordinated
marketing, technical assistance to manufacturers, vendors and customers, and
program evaluation. This initiative is actively coordinated with U.S. DOE’s
Motor Challenge Program. This program
was selected as part of the SPO’s plan upon the recommendation of Xenergy, an
independent energy consulting firm.
2. Advantages. Motor Up is, to some extent, a
secondary-effect program, so savings may be difficult to measure. However, an independent energy consulting
firm estimates that the program will be cost effective.
The program meets three objectives and criteria for interim programs. It allows relatively quick start-up because a regional program already exists. It supports small businesses (as well as large). It creates favorable market conditions for efficient products because its cooperative approach to changing the stocking practices of product vendors educates vendors on the energy savings attributes of the newer technologies, and promotes lasting change in the market.
Appendix B contains a chart that summarizes the success of each candidate program in meeting the cost effectiveness test, the objectives, and the criteria for interim programs.
VI. PROCESS FOR CHOOSING INTERIM PROGRAMS
As mentioned above, the Conservation Act imposes no
requirements regarding the Commission’s decision-making process before
implementing interim conservation programs.
We believe that section 7 implies, and our experience during legislative
hearings confirms, that the Legislature prefers to avoid unnecessary delay in
revitalizing Maine’s electric conservation program. Accordingly, before implementing interim programs, we must
balance the need to obtain information that will allow us to use ratepayer
money efficiently with the Act’s intention that interim conservation programs
be implemented quickly.
With this balance in mind, we will strive to
obtain input from entities with technical and policy knowledge in the most
expeditious manner possible. We will
not attempt to reach consensus among stakeholders; rather, we will obtain
enough information to implement programs that have a reasonable likelihood of
meeting the goals we outlined earlier in this Order.
The
Commission issues this Proposed Order to obtain comments from interested
persons. Comments should address goals,
cost effectiveness tests, specific programs, the decision making process, and
any other issue a commenter considers relevant to our choice of interim programs. Interested persons should submit comments to
the Commission’s Administrative Director, 242 State St., Augusta, Maine 04333,
no later than May 8, 2002.
A public hearing will be held on May 10, 2002, at 9:30
a.m., at the Commission’s offices at 242 State Street, Augusta. At the hearing, persons may comment on any
issue addressed in this Proposed Order and on any other issue relevant to our
choice of interim programs. In
addition, we encourage interested persons to submit written comments no later
than May 17, 2002.
Please notify the Commission if reasonable special
accommodations are needed to make the hearing accessible to you, by calling
1-287-1396 or TTY 1-800-437-1220 at least 48 hours before the hearing.
In
addition to this formal input process, during the next five weeks the
Commission (primarily through its Staff) intends to engage in the following
informal process before implementing interim programs:
A. Maine Delivery Entities. We will confer with each entity that is
currently delivering conservation programs in Maine, to examine the benefits
and costs of existing programs. These
entities include T&D utilities, Maine State Housing Authority, and the
Department of Economic and Community Development.
B. Other States and Regional Delivery
Entities. We will confer with other
states – notably New England states, New York, and Oregon - regarding their
conservation programs. We will confer
with NEEP, CEE, and MEEP to determine their programs’ costs and benefits. While this exercise may be most valuable in
the long term, it will also inform our interim program decisions.
C. State Planning Office. We will confer with SPO and with its
consultant to learn the costs, benefits, goals, and issues discovered during
SPO’s recent two-year planning process.
D. Other Stakeholders. Any interested person who finds the written
comments and public hearing to be inadequate for conveying useful information
may request a meeting with Commission staff.
The Commission intends to deliberate this
Proposed Order and the written and oral comments, and issue a “final” Interim
Program Order by the end of May. Before
implementing each interim program, we will hold a public meeting at which
interested persons may offer information that will improve the effectiveness of
the program. Interested persons may
also submit information in writing. We
expect to implement interim programs throughout the months of June through
August.
The time frame we intend to follow is provided in outline
form below.
April 26 Issue
Proposed Interim Program Order
May 10 Public hearing on Proposed
Interim Program Order
May 17 Commenters submit written
comments
May 31 Issue
Final Interim Program Order
June–August Implement
interim programs.
The Commission’s Administrative Division will maintain a
service list for this docket. Persons
on the service list will receive all documents issued by the Commission or the
Presiding Officer. Any person who
wishes to be added to the service list for this docket should file a letter
with the Commission’s Administrative Director, 242 State St., Augusta, Maine
04333, asking to be added to the service list.
Any person who asked to be added to the service list after receiving the
Commission’s Order Extending Utility Energy Efficiency Programs, issued under
Docket No. 2002-161, need not submit a second request. This Order shall be sent to all T&D
utilities in Maine and to all persons the Commission has identified as
participating in the State Planning Office information sessions during its
two-year planning process.
Dated at Augusta, Maine, this 26th day of April,
2002.
BY ORDER OF THE COMMISSION
_______________________________
Dennis L. Keschl
Administrative Director
COMMISSIONERS VOTING FOR: Welch
Diamond
COMMISSIONER ABSENT: Nugent
THIS DOCUMENT HAS BEEN DESIGNATED FOR PUBLICATION
[1] The
Conservation Act is contained in Appendix A.
[2] A program
cannot definitively be found cost effective until after it has been in
operation for some period of time and an evaluation has been performed. We interpret the Act’s requirement to
require that we determine that an interim program is highly likely to be cost
effective.
[3] This
version of the rule was replaced in 1999 with a new version reflecting the
provisions of 35-A MRSA §3211, which assigned many of the responsibilities for
conservation programs to the State Planning Office. The Conservation Act repeals §3211 and returns responsibility for
conservation programs to the Commission.
[4] The
exception here may be conservation programs which are primarily focused on use
during on-peak periods.
[5] Under
alternative rate plans, some utilities’ rates would not be affected
immediately, if at all.
[6] For example, the US Department of Energy
routinely publishes forecasted energy prices.
See http://www.eia.doe.gov/oiaf/aeo/index.html.
[7] Strictly
speaking, no program is guaranteed to be cost effective. However, primary-effect programs in which a
measure is chosen explicitly because it will save a predictable number of kWhs
at a known price offer an extremely high likelihood of being cost effective.
[8] CMP’s
Power Partners program is not included in this category because Section 5 of
the Conservation Act makes explicit provisions for contracts operating under
this program.