Tag Archives: incentive based regulation

End the fiction of regulatory oversight of California’s generation

1542383922472

M.Cubed is the only firm willing to sign the non-disclosure agreements (NDA) that allow us to review the investor-owned utilities’ (IOUs) generation portfolio data on behalf of outside intervenors, such as the community choice aggregators (CCAs). Even the direct access (DA) customers who constitute about a quarter of California’s industrial load are represented by a firm that is unwilling to sign the NDAs. This situation places departed load customers, and in fact all customers, at a distinct disadvantage when trying to regulate the actions of the IOUs. It is simply impossible for a single small firm to scrutinize all of the filings and data from the IOUs. (Not to mention that one, SDG&E, gets a complete free pass for now as that it has no CCAs.)

This situation has arisen because the NDAs require that the “reviewing representatives” not be in a position to advise market participants, such as CCAs or energy service providers (ESPs) that sell to DA customers, on procurement decisions. This is an outgrowth of AB 57 in 2002, a state law passed to bring IOUs back into the generation market after the collapse of restructuring in 2001. That law was intended to the balance of power to the IOUs away from generators for procurement purposes. Now it puts the IOUs at a competitive advantage against other load serving entities (LSEs) such as CCAs and ESPs, and even bundled customers.

This imbalance has arisen for several insurmountable reasons:

  • No firm can build its business on serving only to review IOU filings without offering other procurement consulting services to clients.
  • It is difficult to build expertise for reviewing IOU filings without participating in procurement services for other LSEs or resource providers. (I am uniquely situated by the consulting work I did for the CEC on assessing generation technology costs for over a decade.)
  • CPUC staff similarly lacks the expertise for many of the same reasons, and are relatively ineffective at these reviews. The CPUC is further limited by its ability to recruit sufficient qualified staff for a variety of reasons.

If California wants to rein in the misbehavior by IOUs (such as what I’ve documented on past procurement and shareholder returns earlier), then we have two options to address this problem going forward:

  1. Transform at least the power generation management side of the IOUs into publicly owned entities with more transparent management review.
  2. End the annual review and setting of PCIA and CTC rates by establishing one-time prepayment amounts. By prepaying or setting a fixed annual amount, the impact of accounting maneuvers are diminished substantially, and since IOUs can no longer shift portfolio management risks to departed load customers, the IOUs more directly face the competitive pressures that should make them more efficient managers.

Moving beyond the easy stuff: Mandates or pricing carbon?

figure-1

Meredith Fowlie at the Energy Institute at Haas posted a thought provoking (for economists) blog on whether economists should continue promoting pricing carbon emissions.

I see, however, that this question should be answered in the context of an evolving regulatory and technological process.

Originally, I argued for a broader role for cap & trade in the 2008 CARB AB32 Scoping Plan on behalf of EDF. Since then, I’ve come to believe that a carbon tax is probably preferable over cap & trade when we turn to economy wide strategies for administrative reasons. (California’s CATP is burdensome and loophole ridden.) That said, one of my prime objections at the time to the Scoping Plan was the high expense of mandated measures, and that it left the most expensive tasks to be solved by “the market” without giving the market the opportunity to gain the more efficient reductions.

Fast forward to today, and we face an interesting situation because the cost of renewables and supporting technologies have plummeted. It is possible that within the next five years solar, wind and storage will be less expensive than new fossil generation. (The rest of the nation is benefiting from California initial, if mismanaged, investment.) That makes the effective carbon price negative in the electricity sector. In this situation, I view RPS mandates as correcting a market failure where short term and long term prices do not and cannot converge due to a combination of capital investment requirements and regulatory interventions. The mandates will accelerate the retirement of fossil generation that is not being retired currently due to mispricing in the market. As it is, many areas of the country are on their way to nearly 100% renewable (or GHG-free) by 2040 or earlier.

But this and other mandates to date have not been consumer-facing. Renewables are filtered through the electric utility. Building and vehicle efficiency standards are imposed only on new products and the price changes get lost in all of the other features. Other measures are focused on industry-specific technologies and practices. The direct costs are all well hidden and consumers generally haven’t yet been asked to change their behavior or substantially change what they buy.

But that all would seem to change if we are to take the next step of gaining the much deeper GHG reductions that are required to achieve the more ambitious goals. Consumers will be asked to get out of their gas-fueled cars and choose either EVs or other transportation alternatives. And even more importantly, the heating, cooling, water heating and cooking in the existing building stock will have to be changed out and electrified. (Even the most optimistic forecasts for biogas supplies are only 40% of current fossil gas use.) Consumers will be presented more directly with the costs for those measures. Will they prefer to be told to take specific actions, to receive subsidies in return for higher taxes, or to be given more choice in return for higher direct energy use prices?

Using floods to replenish groundwater

ALMOND  ORCHARD FLOODING

M.Cubed produced four reports for Sustainable Conservation on using floodwaters to recharge aquifers in California’s Central Valley. The first is on expected costs. The next three are a set on the benefits, participation incentives and financing options for using floodwaters in wetter years to replenish groundwater aquifers. We found that costs would range around $100 per acre-foot, and beneficiaries include not only local farmers, but also downstream communities with lower flood control costs, upstream water users with more space for storage instead of flood control, increased hydropower generation, and more streamside habitat. We discussed several different approaches to incentives based on our experience in a range of market-based regulatory settings and the water transfer market.

With the PPIC’s release of Water and the Future of the San Joaquin Valley, which forecasts a loss of 500,000 acres of agricultural production due to reduced groundwater pumping under the State Groundwater Management Act (SGMA), local solutions that mitigate groundwater restrictions should be moving to the fore.

Don Cameron at Terranova Ranch started doing this deliberately earlier this decade, and working with Phil Bachand and UC Davis, more study has shown the effectiveness, and the lack of risk to crops, from this strategy. The Department of Water Resources has implemented the Flood-MAR program to explore this alternative further. The Flood-MAR whitepaper explores many of these issues, but its list of beneficiaries is incomplete, and the program appears to not yet moved on to how to effectively implement these programs integrated with the local SGMA plans. Our white papers could be useful starting points for that discussion.

(Image Source: Chico Enterprise-Record)

 

 

 

Reaganomics for fuel economy?

electric-car

I chuckled when I saw this article extolling how CAFE fuel economy standards should be replaced with “clean tax cuts.” One proponent said, “If you want more of something, tax it less.”

But apparently, these incentives work only one direction. “It’s very common, historically, for companies to not meet the targets and just pay the fines,” said Josiah Neeley, a senior fellow for the R Street Institute. However, the auto companies were not happy with a proposal to increase the penalty 155%.  Does that mean that the penalty got large enough to incent greater compliance?

What type of regulation when?

screen2bshot2b2018-02-112bat2b22-19-50

I like this taxonomy of what type of regulatory/liability framework to use in which situation posted in Environmental Economics. (Reminds me of a market-type structure I created for my 1996 paper on environmental commodity markets.) However, I think the two choices on the right side could be changed:

  • Lower right corner to “incentive-based regulation”: The damages are clear and can be valued, but engaging in market transactions is costly. For example, energy efficiency has a clear value with significant spill over benefits, but the costs of gaining information about net gains is costly for individuals. So setting an incentive standard for manufacturers or in energy rates is more cost effective.
  • Upper right corner to “command and control regulation”: The damages are known and significant, but quantifying them economically, or even physically, is difficult. There are no opportunities for market transactions, but society wants to act. In this case, the regulators would set bounds on behavior or performance.

Another market mechanism saving the environment

EDF posted a blog about the resuscitation of U.S. fisheries and how two-thirds of those fisheries are now sustainable thanks to changes in management practices. At the core of those programs are market-based incentives with individual transferable quotas (ITQ). Fishermen are allocated a certain amount of catch within a season and they can trade those quotas among themselves. The overall cap maintains the sustainability of the fishery while individual fishermen can catch an amount that best meets their own objectives and constraints.

A second element that’s often part of these programs is a buyout program to reduce the size of the overall fleet. This reduces the risk for the boats that remain in the fleet while compensating those who exit for their losses.

These are examples of successful “cap and trade” programs. These lessons are applicable to managing water rights and reducing GHG emissions.

Cap & trade and market design

Bob Sussman at Brookings writes favorably about the resurrection of cap and trade for GHG regulation as a viable policy option with the Chinese planning to implement a program and the US EPA Clean Power Plan encouraging market trading mechanisms in two forms of compliance. Yet as I read this (and also think about proposals to increase water trading to solve California’s ongoing drought), I can see an important missing element in these discussions–how can these markets be designed to gain success?

In 1996, I wrote “Environmental Commodities Markets: ‘Messy’ Versus ‘Ideal’ Worlds” that explored the issues of market design and political realities. As I’ve written recently, we are not always good at fully compensating the losers in environmental policy making, and these groups tend to oppose policies that are beneficial for society as a result. And market incentive proponents seem to always propose some variation on one of two market designs: 1) everyone for themselves in searching for and settling transactions or 2) a giant periodic auction.

In reality, carefully designing market institutions that work for participants is key to the success of those markets. Daniel Bromley wrote about how just “declaring markets” in Russia and Eastern Europe did not instantly transform those economies, much to our chagrin. The RECLAIM emissions market has woefully underperformed because SCAQMD didn’t think through how transactions could be facilitated (and that failure prompted my article.) Frank Wolak and Jonathan Kolstad confirmed my own FERC testimony that the disfunction of the RECLAIM market led to higher electricity prices in the California crisis of 2000-01.

For a presentation a few years ago, I prepared this typology of market structure that looks at the search and match mechanisms and the price revelation and settlement mechanisms. This presentation focused on water transfer markets in California, but it’s also applicable to emission markets. Markets range from brokered/negotiated real estate to dealer/posted-price groceries. Even the New York Stock Exchange, which is a dealer/auction probably works differently than how most people think. There are differences in efficiency and ease of use, often trading off. As we move forward, we need more discussion about these nuts and bolts issues if we want truly successful outcomes.

Market Typologies