{"id":4512,"date":"2018-05-25T09:41:51","date_gmt":"2018-05-25T15:41:51","guid":{"rendered":"http:\/\/valleywatch.net\/?p=4512"},"modified":"2018-05-29T10:14:36","modified_gmt":"2018-05-29T16:14:36","slug":"money-pit-or-fuel-hedge-in-midwest-it-depends-on-who-is-paying","status":"publish","type":"post","link":"http:\/\/valleywatch.net\/?p=4512","title":{"rendered":"Money pit or fuel hedge? In Midwest, it depends on who is paying"},"content":{"rendered":"<p><strong><span style=\"color: #000000;\">May 25, 2018 &#8211; by Jeffrey Tomich, E&amp;E News. <\/span><i style=\"color: #000000;\">Editors note: Valley Watch, along with the Citizens Action Coalition, Save the Valley and the\u00a0<\/i><i>Hoosier<\/i><i style=\"color: #000000;\">\u00a0Environmental\u00a0<\/i><\/strong><span style=\"color: #000000;\"><span style=\"caret-color: #000000;\"><b><i>Council, collaborating as the Indiana Clean Energy campaign worked\u00a0<\/i><\/b><\/span><\/span><b><i style=\"caret-color: #000000;\">tirelessly in the early years of this century to shut down the Clifty Creek facility that sits on the western edge of Madison, IN. We knew they were going to have to place\u00a0<\/i><span style=\"caret-color: #000000;\"><i>controls<\/i><\/span><i style=\"caret-color: #000000;\">\u00a0for both Nitrogen Oxides and Sulfur Dioxide which would cost billions and it was our position then that this was money being wasted. But\u00a0<\/i><\/b><span style=\"caret-color: #000000;\"><b><i>because \u00a0all the owners, Including Vectren and Duke had their hands in ratepayer pockets, both Democrat and Republican Administrations in Indiana allowed them to go forth. This story shows how our predictions\u00a0were, once again, correct.\u00a0<\/i><\/b><\/span><\/p>\n<p><span style=\"color: #000000;\">When FirstEnergy Solutions Corp. sought bankruptcy protection this spring, included in the avalanche of legal filings was a motion to exit a partnership that runs a pair of 1950s-era coal plants on the Ohio River.<\/span><\/p>\n<div id=\"attachment_4515\" style=\"width: 874px\" class=\"wp-caption alignleft\"><a href=\"http:\/\/valleywatch.net\/wp-content\/uploads\/2018\/05\/Clifty-Creek.jpg\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-4515\" class=\"size-full wp-image-4515\" src=\"http:\/\/valleywatch.net\/wp-content\/uploads\/2018\/05\/Clifty-Creek.jpg\" alt=\"\" width=\"864\" height=\"578\" srcset=\"http:\/\/valleywatch.net\/wp-content\/uploads\/2018\/05\/Clifty-Creek.jpg 864w, http:\/\/valleywatch.net\/wp-content\/uploads\/2018\/05\/Clifty-Creek-300x201.jpg 300w, http:\/\/valleywatch.net\/wp-content\/uploads\/2018\/05\/Clifty-Creek-768x514.jpg 768w\" sizes=\"auto, (max-width: 864px) 100vw, 864px\" \/><\/a><p id=\"caption-attachment-4515\" class=\"wp-caption-text\">Clifty Creek power plant sits adjacent to Clifty Falls State Park, just outside Madison, IN. It serves no current useful purpose except to keep rates its owners charge higher than they need to be. File Photo \u00a9 2009 BlairPhotoEVV<\/p><\/div>\n<section class=\"span16\"><\/section>\n<p class=\"content\"><span style=\"color: #000000;\">The reason was clear: The 1,304-megawatt Clifty Creek plant in Indiana and the 1,086-MW Kyger Creek plant in Ohio are bleeding red ink and are a barrier to the financial turnaround of FES. Backing the plea was <a style=\"color: #000000;\" href=\"https:\/\/www.eenews.net\/assets\/2018\/05\/24\/document_pm_02.pdf\">analysis<\/a> from an expert, ICF International Inc. Managing Director Judah Rose, who forecast the company&#8217;s tiny stake in the venture would produce a $268 million loss over the life of an agreement to keep the plants running.A year earlier, Duke Energy Ohio submitted very different testimony concerning the same coal plants in another proceeding, this one before the Public Utilities Commission of Ohio.<\/span><\/p>\n<p><span style=\"color: #000000;\">In that case, Duke asked regulators to require the utility&#8217;s 700,000 electric customers in southwest Ohio to subsidize the plants on the basis that they provided a hedge against volatile, rising natural gas prices.<\/span><\/p>\n<p><span style=\"color: #000000;\">Backing up Duke&#8217;s request was <a style=\"color: #000000;\" href=\"https:\/\/www.eenews.net\/assets\/2018\/05\/24\/document_pm_01.pdf\">testimony<\/a> from an industry expert: ICF&#8217;s Judah Rose.<\/span><\/p>\n<p><span style=\"color: #000000;\">How can two companies tell a federal judge that the 60-year-old coal plants are a financial albatross and simultaneously argue to utility regulators that the plants are a good investment for consumers? And rely on the work of the same consultant? The answer depends on who&#8217;s paying the bill.<\/span><\/p>\n<p><span style=\"color: #000000;\">Unlike industries vulnerable to disruptors such as Amazon.com Inc. and Uber Technologies Inc., electric utilities \u2014 even those in deregulated markets like Ohio \u2014 continue to press lawmakers and regulators to shield them from competition. And they&#8217;re doing so by playing on fears that letting plants shut down will lead to a shortage that will result in a price shock \u2014 or, worse yet, the lights going out.<\/span><\/p>\n<p><span style=\"color: #000000;\">Ezra Hausman, an electric industry consultant who has analyzed the plants&#8217; economics, has a simpler explanation.<\/span><\/p>\n<p><span style=\"color: #000000;\">&#8220;They made a bad bet and they don&#8217;t want to live with the consequences,&#8221; said Hausman, a former vice president at Synapse Energy Economics Inc., who prepared a report on the plants for the Sierra Club last year.<\/span><\/p>\n<p><span style=\"color: #000000;\">So far, two Ohio utilities, American Electric Power Co.&#8217;s Ohio utility and Dayton Power and Light Co., have gotten approval from Ohio regulators to subsidize the plants in the name of stabilizing consumer rates until at least 2024.<\/span><\/p>\n<p><span style=\"color: #000000;\">Those decisions are being appealed. The Office of the Ohio Consumers&#8217; Counsel is challenging the AEP order at the Ohio Supreme Court, and environmental groups have asked PUCO to reopen the Dayton Power and Light case. The Duke request is still pending.<\/span><\/p>\n<p><span style=\"color: #000000;\">Other disputes involving the same troubled plants are playing out before the Ohio Legislature and state Supreme Court, the Federal Energy Regulatory Commission, and the U.S. bankruptcy court.<\/span><\/p>\n<p><span style=\"color: #000000;\">Meanwhile, the group of seven Midwest utilities and electric cooperatives say they are contractually bound to run the money-losing plants for another two decades, until 2040, when each will be 85 years old.<\/span><\/p>\n<h3><span style=\"color: #000000;\">Patriotic origin<\/span><\/h3>\n<aside id=\"image_asset_layout_34265\" class=\"left span16 image_asset_layout\"><span style=\"color: #000000;\"><img decoding=\"async\" src=\"https:\/\/www.eenews.net\/image_assets\/2018\/05\/image_asset_34269.png\" alt=\"Locator map of Clifty Creek Power Plant, Kyger Creek plant, and Portsmouth Gaseous Diffusion Plant. Photo credit: Claudine Hellmuth\/E&amp;E News\" \/><\/span><\/p>\n<p class=\"caption\"><span class=\"credit\" style=\"color: #000000;\">Claudine Hellmuth\/E&amp;E News<\/span><\/p>\n<\/aside>\n<p><span style=\"color: #000000;\">The two plants weren&#8217;t always controversial. In fact, they were built to support the federal government during the Cold War \u2014 a bit of history that utilities continue to play up a half-century later.<\/span><\/p>\n<p><span style=\"color: #000000;\">The plants are operated by a utility consortium known as OVEC, or the Ohio Valley Electric Corp. The group includes a handful of investor-owned utilities as well as two generating and transmission cooperatives.<\/span><\/p>\n<p><span style=\"color: #000000;\">The companies run the plants according to terms of an intercompany power agreement, under which each &#8220;sponsor&#8221; company shares in the plants&#8217; output and costs according to their ownership interest. The largest owner is Columbus-based AEP, which has about 40 percent interest through three utilities.<\/span><\/p>\n<p><span style=\"color: #000000;\">OVEC was founded in the early 1950s to supply power to the Atomic Energy Commission&#8217;s uranium enrichment <a style=\"color: #000000;\" href=\"https:\/\/www.energy.gov\/pppo\/portsmouth-site\">plant<\/a> in Piketon, Ohio. For 50 years, they quietly served that purpose until the plant closed and the contract with the AEC&#8217;s successor agency, the Department of Energy, ended in 2003.<\/span><\/p>\n<p><span style=\"color: #000000;\">The end of the relationship included a $97.5 million &#8220;termination payment&#8221; by DOE to OVEC to cover uncollected post-retirement and plant closure costs.<\/span><!--more--><\/p>\n<p><span style=\"color: #000000;\">But the owners voluntarily agreed to extend the intercompany power agreement by 20 years and continue running the plants until 2026, selling most of the output into the PJM Interconnection market. The decision made sense, especially prior to the recession as electricity demand and prices were rising and profits were flowing.<\/span><\/p>\n<p><span style=\"color: #000000;\">Just a few years later, in 2010, the companies again decided to extend the intercompany power agreement, this time to 2040.<\/span><\/p>\n<p><span style=\"color: #000000;\">It was a critical decision that, by several estimates, could cost utility customers throughout the region billions of dollars over the next two decades.<\/span><\/p>\n<h3><span style=\"color: #000000;\">A bad bet on coal<\/span><\/h3>\n<p><span style=\"color: #000000;\">With 16 years remaining on the existing intercompany power agreement and the economics of coal starting to erode, would utilities lock themselves into operating the plants for an additional 14 years?<\/span><\/p>\n<p><span style=\"color: #000000;\">First, to get to the 2026 finish line of the existing contract, OVEC needed to install more than $1 billion in pollution controls to meet the new EPA Cross-State Air Pollution Rule. And borrowing the money required OVEC to spread out the debt load over a longer time horizon.<\/span><\/p>\n<p><span style=\"color: #000000;\">Moody&#8217;s Investors Service, in fact, had already revised its outlook for OVEC&#8217;s credit ratings from &#8220;stable&#8221; to &#8220;negative.&#8221;<\/span><\/p>\n<aside id=\"html_asset_layout_745\" class=\"left span10 html_asset_layout table_asset\">\n<section class=\"asset_content_block\">\n<h1 class=\"title\"><span style=\"color: #000000;\">OVEC sponsors<\/span><\/h1>\n<div class=\"scrollable has-scrollable\">\n<div>\n<table class=\"content\">\n<tbody>\n<tr>\n<th><span style=\"color: #000000;\">Parent company<\/span><\/th>\n<th><span style=\"color: #000000;\">Subsidiary<\/span><\/th>\n<th><span style=\"color: #000000;\">Share<\/span><\/th>\n<\/tr>\n<tr>\n<td rowspan=\"3\"><span style=\"color: #000000;\">FirstEnergy Corp.<\/span><\/td>\n<td><span style=\"color: #000000;\">Allegheny Energy Supply<\/span><\/td>\n<td><span style=\"color: #000000;\">3.01%<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #000000;\">FirstEnergy Solutions Corp.<\/span><\/td>\n<td><span style=\"color: #000000;\">4.85%<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #000000;\">Monongahela Power Co.<\/span><\/td>\n<td><span style=\"color: #000000;\">0.49%<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #000000;\">Buckeye Power Inc.<\/span><\/td>\n<td><span style=\"color: #000000;\">Buckeye Power Generating LLC<\/span><\/td>\n<td><span style=\"color: #000000;\">18.00%<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #000000;\">AES Corp.<\/span><\/td>\n<td><span style=\"color: #000000;\">Dayton Power and Light Co.<\/span><\/td>\n<td><span style=\"color: #000000;\">4.90%<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #000000;\">Duke Energy Corp.<\/span><\/td>\n<td><span style=\"color: #000000;\">Duke Energy Ohio<\/span><\/td>\n<td><span style=\"color: #000000;\">9.00%<\/span><\/td>\n<\/tr>\n<tr>\n<td rowspan=\"2\"><span style=\"color: #000000;\">PPL Corp.<\/span><\/td>\n<td><span style=\"color: #000000;\">Kentucky Utilities Co.<\/span><\/td>\n<td><span style=\"color: #000000;\">2.50%<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #000000;\">Louisville Gas and Electric Co.<\/span><\/td>\n<td><span style=\"color: #000000;\">5.63%<\/span><\/td>\n<\/tr>\n<tr>\n<td rowspan=\"3\"><span style=\"color: #000000;\">American Electric Power Co.<\/span><\/td>\n<td><span style=\"color: #000000;\">Appalachian Power<\/span><\/td>\n<td><span style=\"color: #000000;\">15.69%<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #000000;\">Indiana Michigan Power Co.<\/span><\/td>\n<td><span style=\"color: #000000;\">7.85%<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #000000;\">Ohio Power Co.<\/span><\/td>\n<td><span style=\"color: #000000;\">19.93%<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #000000;\">Wolverine Power Supply Cooperative Inc.<\/span><\/td>\n<td><span style=\"color: #000000;\">Peninsula Generation Cooperative<\/span><\/td>\n<td><span style=\"color: #000000;\">6.65%<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #000000;\">Vectren Corp.<\/span><\/td>\n<td><span style=\"color: #000000;\">Southern Indiana Gas &amp; Electric Co.<\/span><\/td>\n<td><span style=\"color: #000000;\">1.50%<\/span><\/td>\n<\/tr>\n<tr>\n<td colspan=\"2\"><span style=\"color: #000000;\"><strong>Total<\/strong><\/span><\/td>\n<td><span style=\"color: #000000;\">100%<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<\/div>\n<\/section>\n<p class=\"caption\"><span class=\"credit\" style=\"color: #000000;\">Source: OVEC annual report<\/span><\/p>\n<\/aside>\n<p><span style=\"color: #000000;\">Refinancing a portion of the debt and reducing payments stabilized the group&#8217;s credit ratings until last fall, when Moody&#8217;s lowered OVEC&#8217;s ratings in response to FirstEnergy Solutions&#8217; looming bankruptcy.<\/span><\/p>\n<p><span style=\"color: #000000;\">Hausman, the energy analyst, said the utilities should have realized that the economics of older coal-fired power plants were already in doubt by the end of 2010, when the power agreement was extended.<\/span><\/p>\n<p><span style=\"color: #000000;\">&#8220;I think it was quite shortsighted of the utilities to believe that more than $1 billion of investments in extending the lives of these plants would pay off,&#8221; he said.<\/span><\/p>\n<p><span style=\"color: #000000;\">A 2010 engineering report commissioned by OVEC and submitted to the staff of the Kentucky Public Service Commission in response to a discovery request shows the utilities believed otherwise.<\/span><\/p>\n<p><span style=\"color: #000000;\">The report by engineers from URS Corp. on the remaining life and production capabilities of the OVEC coal plants suggested they would continue to be the workhorses they had been for the previous half-century.<\/span><\/p>\n<p><span style=\"color: #000000;\">The coal plants produced 15.8 to 17.6 gigawatt-hours of energy during the previous five years, and OVEC&#8217;s 20-year budget projections through 2030 suggested the facilities output would remain the same.<\/span><\/p>\n<p><span style=\"color: #000000;\">While the URS report noted that running coal plants until they&#8217;re 85 years old &#8220;is an unusually long service life for generating facilities,&#8221; it concluded that the plants were well-run and maintained.<\/span><\/p>\n<p><span style=\"color: #000000;\">Ironically, the engineers&#8217; report also listed risk factors that could shorten the units&#8217; life spans. Among the risks was a &#8220;major shift&#8221; in fuel prices.<\/span><\/p>\n<p><span style=\"color: #000000;\">Such a shift in fuel prices &#8220;could produce a radical change in the Kyger and Clifty positions in the power markets and tend to shorten economic life,&#8221; the URS report said. &#8220;However, such circumstances are not currently anticipated over the next twenty- to thirty-year horizon.&#8221;<\/span><\/p>\n<p><span style=\"color: #000000;\">As it happens, the shift was happening under their noses.<\/span><\/p>\n<p><span style=\"color: #000000;\">The Kyger Creek plant in Ohio&#8217;s southeast corner is literally on the fringe of the natural-gas-rich Marcellus Shale. And it has been a surge in shale gas production, along with a flattening of electricity demand and increasing penetration of wind and solar, that has upended power markets and devastated old coal plants.<\/span><\/p>\n<p><span style=\"color: #000000;\">As a result, the OVEC plants have run at reduced rates in recent years while costs of producing power have increased. In fact, OVEC&#8217;s most recent annual report for 2016 shows the plants produced less than 10 million megawatt-hours in 2015 and 2016 \u2014 or about two-thirds the output five years earlier, when the URS report was done.<\/span><\/p>\n<h3><span style=\"color: #000000;\">Ohio bailouts<\/span><\/h3>\n<p><span style=\"color: #000000;\">Analysis submitted to the bankruptcy court by FirstEnergy Solutions suggests OVEC-sponsored companies will collectively lose more than $5 billion over the remaining 22-year term of the intercompany power agreement.<\/span><\/p>\n<p><span style=\"color: #000000;\">Here&#8217;s how: The projections estimate FirstEnergy Solutions&#8217; 4.85 percent stake will result in losses totaling $268 million. Under the intercompany power agreement, OVEC sponsors share the cost of operating the plants, including capital investments, and receive an equal share of the plants&#8217; output. That means the other 95.15 percent interest in OVEC is projected to lose $5.26 billion over the life of the agreement.<\/span><\/p>\n<p><span style=\"color: #000000;\">The figure is consistent with Hausman&#8217;s analysis a year ago and analysis by the Ohio Legislative Service Commission, which looked at the economics of the OVEC plants related to a bill lobbied for by three Ohio utilities that would embed subsidies in statute for the life of the plants.<\/span><\/p>\n<p><span style=\"color: #000000;\">For many of OVEC&#8217;s owners and their customers \u2014 homeowners and businesses in Michigan, Virginia, West Virginia, Indiana and Kentucky \u2014 the losses in above-market wholesale power prices are obscured because the costs are embedded in retail electric rates.<\/span><\/p>\n<p><span style=\"color: #000000;\">But Ohio deregulated its retail electric market years ago. So, when power prices declined and OVEC plants began to lose money, the three utilities \u2014 AEP, Duke, and Dayton Power and Light \u2014 were left pleading their case to state regulators.<\/span><\/p>\n<p><span style=\"color: #000000;\">Under the cost pass-through mechanism already approved for AEP and Dayton Power and Light, the utilities sell their OVEC output into the PJM market. If the cost of producing power is greater than revenue from the power sales, the difference is billed to customers through a rider, or surcharge. If the plants produce power at below-market costs, customers receive a credit.<\/span><\/p>\n<p><span style=\"color: #000000;\">The Legislative Service Commission estimated during a hearing last year that the OVEC plants would cost utility consumers in the state $256 million a year over the life of the power contract.<\/span><\/p>\n<p><span style=\"color: #000000;\">Madeline Fleisher, a Columbus-based attorney for the Environmental Law &amp; Policy Center, argues there&#8217;s zero chance customers will ever see a credit.<\/span><\/p>\n<p><span style=\"color: #000000;\">&#8220;These plants aren&#8217;t in the money,&#8221; Fleisher said. &#8220;They&#8217;re never going to be in the money.<\/span><\/p>\n<p><span style=\"color: #000000;\">&#8220;If you think it&#8217;s a good hedge against market prices, you should look for a better hedge. And if you really want to hedge with coal, there are better ways.&#8221;<\/span><\/p>\n<h3><span style=\"color: #000000;\">&#8216;Lemon socialism&#8217;<\/span><\/h3>\n<p><span style=\"color: #000000;\">While the utilities have so far persuaded PUCO, the subsidies are approved only through 2024. Meanwhile, the OVEC power agreement obligates the companies to operate the plants until 2040.<\/span><\/p>\n<p><span style=\"color: #000000;\">The three Ohio utilities have lobbied legislators to extend the subsidies for the lives of the plants by incorporating them in statute (<a style=\"color: #000000;\" href=\"https:\/\/www.eenews.net\/energywire\/stories\/1060055111\/\"><i>Energywire<\/i><\/a>, May 25, 2017).<\/span><\/p>\n<p><span style=\"color: #000000;\">S.B. 155 and a companion House bill touting the plants as &#8220;national security generation resources&#8221; were introduced last May. Neither has been called for a vote. But the Senate bill has been the subject of more than a half-dozen hearings in the state Senate Public Utilities Committee. The most recent was in January, where the bill was panned by environmental, consumer groups, large energy users and rival generators.<\/span><\/p>\n<p><span style=\"color: #000000;\">Ned Hill, an economist at Ohio State University, called the bill and decisions by PUCO to subsidize the OVEC plants &#8220;lemon socialism.&#8221;<\/span><\/p>\n<aside id=\"html_asset_layout_743\" class=\"right span10 html_asset_layout timeline_asset\">\n<section class=\"asset_content_block\">\n<h1 class=\"title\"><span style=\"color: #000000;\">Key OVEC developments<\/span><\/h1>\n<\/section>\n<section class=\"content\">\n<div class=\"line\"><\/div>\n<div class=\"entry\"><span style=\"color: #000000;\"><time>1955<\/time>OVEC coal plants begin providing electricity to federal uranium enrichment plant in Ohio.<\/span><\/div>\n<div class=\"entry\"><span style=\"color: #000000;\"><time>2001<\/time>With DOE contract ending, sponsor utilities become entitled to OVEC capacity.<\/span><\/div>\n<div class=\"entry\"><span style=\"color: #000000;\"><time>2004<\/time>DOE makes $97.5 million \u201ctermination payment\u201d to OVEC for post-retirement and plant closure costs.<\/span><\/div>\n<div class=\"entry\"><span style=\"color: #000000;\"><time>2004<\/time>OVEC sponsors extend agreement to run the plants until 2026.<\/span><\/div>\n<div class=\"entry\"><span style=\"color: #000000;\"><time>2010<\/time>Sponsors again extend power agreement, this time until 2040.<\/span><\/div>\n<div class=\"entry\"><span style=\"color: #000000;\"><time>2016<\/time>Moody\u2019s downgrades OVEC\u2019s credit ratings after FirstEnergy Solutions cites bankruptcy potential.<\/span><\/div>\n<div class=\"entry\"><span style=\"color: #000000;\"><time>2016-2017<\/time>PUCO allows AEP-Ohio and Dayton Power &amp; Light to pass OVEC-related losses to utility customers.<\/span><\/div>\n<div class=\"entry\"><span style=\"color: #000000;\"><time>MARCH 2018<\/time>OVEC files complaint at FERC asking to hold FirstEnergy Solutions to power agreement in case of bankruptcy filing.<\/span><\/div>\n<div class=\"entry\"><span style=\"color: #000000;\"><time>APRIL 2018<\/time>FirstEnergy Solutions files for Chapter 11 bankruptcy and asks court to let it reject OVEC power agreement.<\/span><\/div>\n<\/section>\n<\/aside>\n<p class=\"caption\"><span class=\"credit\" style=\"color: #000000;\">Sources: OVEC annual reports, Moody\u2019s, PUCO, FERC, FirstEnergy Solutions <\/span><\/p>\n<p><span style=\"color: #000000;\">&#8220;If enacted, S.B. 155 along with the PUCO&#8217;s related decisions will damage the wholesale electric markets while establishing a horrible precedent of the Legislature supporting failed business investments and compensating companies with customer dollars for business decisions that went badly wrong,&#8221; he said in testimony.<\/span><\/p>\n<p><span style=\"color: #000000;\">Other critics have rebutted arguments to keep the plants running for the sake of the jobs and tax base they support.<\/span><\/p>\n<p><span style=\"color: #000000;\">An NRG Energy Inc. lobbyist during a hearing last fall noted the proposal amounted to an &#8220;energy tax&#8221; on Ohioans, at least half of which would go to subsidize a plant in Indiana.<\/span><\/p>\n<p><span style=\"color: #000000;\">Utilities, however, continue to defend efforts to pass through OVEC costs to their customers as a means to protect them from the possibility of price spikes in the event natural gas prices shoot higher.<\/span><\/p>\n<p><span style=\"color: #000000;\">Lee Freedman, a Duke spokesman, said in an emailed response to questions that the so-called price stabilization rider (PSR), or surcharge, is meant to benefit the utility and its customers.<\/span><\/p>\n<p><span style=\"color: #000000;\">&#8220;When market prices are low, the PSR prevents us from incurring losses that, otherwise, would diminish our earnings from regulated operations, which could impede our ability to meet our financial obligations to our stakeholders and could impede our investments in its utility grid,&#8221; he said.<\/span><\/p>\n<p><span style=\"color: #000000;\">Neither Duke nor AEP would provide details on what the companies expect their interest in the coal plants to cost customers.<\/span><\/p>\n<p><span style=\"color: #000000;\">Freedman said Duke provided such analysis to regulators in the testimony from ICF&#8217;s Rose, but the projections are shielded from public disclosure because of their &#8220;market-sensitivity.&#8221;<\/span><\/p>\n<p><span style=\"color: #000000;\">AEP spokesman Scott Blake said the utility hadn&#8217;t analyzed the FES projections submitted to the bankruptcy court.<\/span><\/p>\n<p><span style=\"color: #000000;\">Blake said the intercompany power agreement that commits the companies to operating the coal plants through 2040 is unusual in its structure in that any change requires unanimous consent of owners.<\/span><\/p>\n<p><span style=\"color: #000000;\">&#8220;It&#8217;s a very unique ownership structure,&#8221; Blake said. &#8220;All of the owners have to come to an agreement in what happens to the plants.<\/span><\/p>\n<p><span style=\"color: #000000;\">&#8220;AEP and the other owners are exploring ways to protect our financial interests,&#8221; he added. &#8220;Our focus is on trying to find a solution that benefits all of the owners.&#8221;<\/span><\/p>\n<p><span style=\"color: #000000;\">Ohio regulators, in approving the subsidies, required AEP and Dayton Power and Light to make efforts to transfer their interests in OVEC to competitive generating affiliates. Not surprisingly, the efforts haven&#8217;t been successful.<\/span><\/p>\n<p><span style=\"color: #000000;\">And critics say there&#8217;s no chance that will happen as long as utilities can pass through costs to customers and insulate shareholders from big losses.<\/span><\/p>\n<p><span style=\"color: #000000;\">In fact, one of those critics, the Office of the Ohio Consumers&#8217; Counsel, fears the OVEC burden could grow for utility customers if the court grants the FES motion to be let out of the intercompany power agreement.<\/span><\/p>\n<p><span style=\"color: #000000;\">That&#8217;s because OVEC has indicated that it&#8217;ll ask FERC for modifications to the contract to recover FES&#8217;s share of the cost of operating the plants from the remaining sponsor companies.<\/span><\/p>\n<p><span style=\"color: #000000;\">In a pre-emptive strike, OVEC filed a complaint with FERC the week before FES sought bankruptcy protection, seeking to block the company from breaking free of the intercompany power agreement.<\/span><\/p>\n<p><span style=\"color: #000000;\">The Office of the Ohio Consumers&#8217; Counsel filed comments in support of the complaint, saying &#8220;any shift in the costs currently paid by FES under the [contract] to other sponsoring companies could result in the imposition of more than 33 percent of those costs on Ohio retail consumers given the current ownership shares of the Ohio utilities in OVEC.&#8221;<\/span><\/p>\n<p><span style=\"color: #000000;\">It&#8217;s still unclear what will happen to the FES share of OVEC if the company is given approval to reject the contract.<\/span><\/p>\n<p><span style=\"color: #000000;\">Under the agreement among the sponsors, there&#8217;s no requirement for other companies to &#8220;step up&#8221; payments to cover any shortfall, Moody&#8217;s said.<\/span><\/p>\n<p><span style=\"color: #000000;\">Meanwhile, OVEC&#8217;s board began funding a $44 million debt service reserve in early 2017 to help cover any potential cash shortfalls. And the board said it would form a strategic planning group to consider a possible modernization of the power agreement, according to Moody&#8217;s.<\/span><\/p>\n<p><span style=\"color: #000000;\">The court earlier this month barred FERC from acting on the complaint while the bankruptcy motion is pending.<\/span><\/p>\n<p><span style=\"color: #000000;\">Meanwhile, the FES motion and the accompanying financial projections have triggered a new round of filings with state and federal regulators.<\/span><\/p>\n<p><span style=\"color: #000000;\">Ohio-based American Municipal Power Inc., a wholesale electricity supplier for 135 municipal utilities, urged FERC to rethink its decision earlier this year to let OVEC integrate its 705 miles of high-voltage transmission lines into PJM. (OVEC currently isn&#8217;t part of a regional transmission operator, even though more than 90 percent of its output is sold into the PJM market.)<\/span><\/p>\n<p><span style=\"color: #000000;\">AMP argued earlier this year that OVEC&#8217;s transmission system, like its power plants, is 60 years old and that replacing even a fourth of it could cost $525 million to $875 million with no clear answer as to who would pay for the upgrades.<\/span><\/p>\n<p><span style=\"color: #000000;\">FERC rejected that argument as speculative because neither OVEC nor PJM has identified a need for transmission upgrades. But AMP wants federal regulators to rethink the decision based on the FES bankruptcy.<\/span><\/p>\n<p><span style=\"color: #000000;\">Meanwhile, in the Duke case, the Sierra Club filed a motion with the Ohio commission to subpoena OVEC to produce a witness to provide detailed financial information on the plants.<\/span><\/p>\n<p><span style=\"color: #000000;\">The Sierra Club and ELPC also filed a request at PUCO to reopen the Dayton Power and Light case, citing the financial analysis in the FES bankruptcy motion.<\/span><\/p>\n<p><span style=\"color: #000000;\">While the commission might be inclined to let its decision stand because it has already approved the same treatment for another utility, the FES forecast should give regulators pause, ELPC&#8217;s Fleisher said.<\/span><\/p>\n<p><span style=\"color: #000000;\">&#8220;The bankruptcy is important,&#8221; she said. &#8220;What it does is underline that no private business thinks OVEC is a good idea. They [PUCO] are going to have to deal with the question: &#8216;Are we going to expose Ohio ratepayers to excessive costs and new risks just because we did it for AEP, or are we going to take a new look?'&#8221;<\/span><\/p>\n<section class=\"promotion generated\"><span style=\"color: #000000;\">Twitter: <a style=\"color: #000000;\" href=\"https:\/\/twitter.com\/jefftomich\">@jefftomich<\/a> Email: <a style=\"color: #000000;\" href=\"mailto:jtomich@eenews.net\">jtomich@eenews.net<\/a><\/span><\/section>\n<p>&nbsp;<\/p>\n<section class=\"span8 fixed promo-column\"><\/section>\n<section class=\"tools_wrapper\">\n<div class=\"tools\"><\/div>\n<\/section>\n<section class=\"ad medium\">\n<div id=\"desktop_mediumStory_1060082697\" class=\"ad_container\" data-google-query-id=\"CMi-4uePodsCFRJ7AQodCswL5Q\">\n<div id=\"google_ads_iframe_\/61896409\/ew-story-medium_0__container__\"><\/div>\n<\/div>\n<\/section>\n<!-- AddThis Advanced Settings generic via filter on the_content --><!-- AddThis Share Buttons generic via filter on the_content -->","protected":false},"excerpt":{"rendered":"<p>May 25, 2018 &#8211; by Jeffrey Tomich, E&amp;E News. Editors note: Valley Watch, along with the Citizens Action Coalition, Save the Valley and the\u00a0Hoosier\u00a0Environmental\u00a0Council, collaborating as the Indiana Clean Energy campaign worked\u00a0tirelessly in the early years of this century to &hellip; <a href=\"http:\/\/valleywatch.net\/?p=4512\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><!-- AddThis Advanced Settings generic via filter on get_the_excerpt --><!-- AddThis Share Buttons generic via filter on get_the_excerpt --><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4512","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/posts\/4512","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/valleywatch.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4512"}],"version-history":[{"count":4,"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/posts\/4512\/revisions"}],"predecessor-version":[{"id":4518,"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/posts\/4512\/revisions\/4518"}],"wp:attachment":[{"href":"http:\/\/valleywatch.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4512"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/valleywatch.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4512"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/valleywatch.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4512"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}