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H.R. 3406, The Electric Supply and Transmission Act of 2001

Subcommittee on Energy and Air Quality
December 12, 2001
1:00 PM
2123 Rayburn House Office Building 

 

The Honorable Glenn McCullough Jr.
Chairman
Tennessee Valley Authority
400 West Summit Hill Drive
Knoxville, TN, 37902

Good afternoon, Mr. Chairman and distinguished members of the Subcommittee.  I would like to thank you, Chairman Barton, as well as Ranking Member Boucher, for your interest and leadership on issues relating to the continuous supply of reliable and affordable electricity throughout the Nation.  I assure you that it is an issue we take very seriously at the Tennessee Valley Authority. 

I am pleased to be here today to discuss with the subcommittee how H.R. 3406, the Electric Supply and Transmission Act, addresses the way in which TVA might look in the more competitive and restructured electricity marketplace of the future.  Together with the Tennessee Valley Public Power Association (TVPPA), the trade association representing the distributors of TVA power, and the Tennessee Valley Industrial Committee (TVIC), which represents TVA's large industrial customers, I am very pleased that the Valley's consensus language was accepted as the TVA title in H.R. 3406.  Additionally, this language is generally acceptable to the administration.  The regional consensus approach, included in this title, reflects a great deal of hard work and compromise from stakeholders throughout the Valley, and represents a common-sense approach to addressing, in a comprehensive manner, the unique setting of TVA in the electricity marketplace.  It is for this reason that I would like to express a great deal of gratitude and appreciation to Congressman Ed Bryant, Congressman Chip Pickering, Congressman Bart Gordon, Congressman Rick Boucher, and Congressman Ed Whitfield, all of whom sit on this subcommittee, as they have all been among the strongest advocates for TVA, TVPPA, TVIC, and most importantly the Valley's ratepayers, throughout this process.  

A New Day at TVA

It has been more than two years since a representative from TVA last appeared before this subcommittee.  In that time, there have been many changes, and it is a new day at TVA.  We have a completely new Board.  Director Skila Harris and I began serving the Valley in November of 1999 and Director Bill Baxter was sworn in less than two weeks ago.  We are committed to making TVA a more responsible and business-like agency as we work to deliver affordable, reliable power, a cleaner environment and a vibrant economy for the good of the people.

I would like to report to the subcommittee that TVA is stronger operationally and fiscally as the entire organization prepares for the future of competition.  While there is still much work to be done, I am confident that a very bright future lies ahead for the people we are charged to serve.  As a result of our hard work, I am certain that we will succeed in the competitive marketplace as people continue to recognize the value TVA delivers through excellent business performance. 

TVA Background

TVA, which is the Nation's largest provider of public power, was created by Congress in 1933 to provide for flood control, navigation, and the generation of electric power in the seven-state region of the Tennessee Valley, which includes Alabama, Georgia, Kentucky, Mississippi, North Carolina, Tennessee, and Virginia.  This mission is the cornerstone of our service across the Valley today. Together with 158 municipally and cooperatively owned distributor customers, TVA provides electricity ultimately to 8.3 million residential consumers throughout the Tennessee Valley, while managing and developing the Tennessee River watershed and providing leadership for sustainable economic development for the people we serve.

            The Tennessee River system is the fifth-largest river basin in the United States. It stretches 652 miles from Knoxville, Tennessee, to Paducah, Kentucky, where it flows into the Ohio River and ultimately the Mississippi.  It encompasses over 11,000 miles of shoreline, 54 dams and 14 locks.  About 34,000 loaded barges travel the Tennessee River each year - the equivalent of two million trucks traveling the roads.  TVA, incidentally, no longer receives any federally appropriated funds for the management and stewardship of the Tennessee River.  TVA has used power revenues for these functions since October 1999.

TVA's power system has a generating capacity of 30,365 MW.  TVA operates 59 coal fired units at 11 plants, five nuclear reactors at three plant sites, 29 hydro-power plants, and five combustion turbine plants.  The Bush Administration's National Energy Policy released earlier this year recognizes the importance of diversity in energy supply - including new attention to promoting nuclear energy, clean coal technologies, and renewable energy sources.  TVA's mix of coal, nuclear, hydroelectric, and natural gas-fired generation resources illustrates the value and benefits of such diversity.  In FY2001 TVA's generation sources were approximately 65 percent fossil and combustion turbine, 29 percent nuclear, and 6 percent hydropower. 

TVA provides wholesale power to 158 local power distributors and 62 directly served customers through a network of 17,000 miles of transmission lines in the seven state region. The TVA Act directs the three members of the Board of Directors, all of whom are appointed by the President and confirmed in the Senate, to set TVA's electric rates as low as feasible, while recovering the full costs of providing electricity for the Valley. 

TVA's Business Performance

I am very proud of the way employees from throughout TVA have responded to the call of service in the public interest throughout the Tennessee Valley.  Here are just a few examples of our most recent accomplishments:

 

      POWER SYSTEM

  • In Fiscal Year 2001, TVA transmission reliability to customers was 99.999 percent.  To put that In perspective, we are three times better in terms of customer outage duration than the average of the U.S. companies we benchmark.

  • TVA won the 2001 Quality Cup awarded by the Rochester Institute of Technology and USA Today for a comprehensive improvement initiative.  The improvements helped TVA set a best-in-industry record for transmission system operating efficiency.

  • The July 2001 issue of Nucleonics Week ranked TVA's Sequoyah and Browns Ferry nuclear plants as the second and third most efficient nuclear power generators in the Nation in 2000.

  •  On October 15, 2001, TVA broke ground on the nation's first large-scale flow-battery energy-storage plant.  The Regenesys plant, located in Mississippi, will store electricity during off-peak periods and release it for use when the need for electricity increases, using a chemical process to store energy.

     

      FINANCIAL

  • Fiscal Year 2001 power sales increased by 1.2 percent over sales the previous year and interest expense was down $103 million from the 2000 fiscal year. 

  • TVA reduced debt by $610 million in 2001, $160 million more than projected, for a total reduction of almost $2.4 billion since 1997.  Interest expense in 2001 accounted for 23 percent of TVA revenue, down from a high of 34 percent in 1997, for the lowest percentage in more than 15 years.  TVA continues to be interested in further cost cutting and debt reduction where warranted. 

  • Fiscal year 2002 budget projections estimate revenues exceeding $7 billion for the first time in TVA's history. 

  • In the fiscal year 2001, TVA sent $55 million to the United States Treasury, $20 million in principle and $35 million in interest, on the original appropriated investment in TVA.  To date, TVA has returned to the Treasury $3.4 billion, including interest, on the original investment of $1.419 billion.

       ENVIRONMENTAL STEWARDSHIP

  • On October 4, 2001, TVA announced plans to construct five scrubbers, one each at fossil plants in Kentucky and Alabama, and three at two plants in Tennessee. They will cost about $1.5 billion altogether and when completed will collectively reduce emissions of sulfur dioxide by more than 200,000 tons per year. At that point TVA will have reduced total SO2 emissions by 85 percent since 1977.  

  • TVA is also in the midst of a $1 billion program to reduce nitrogen-oxide emissions at its plants by constructing 18 selective-catalytic-reduction systems - or SCRs - on 25 coal-fired generating units.  It is one of the most massive pollution-control programs in the nation.  This will reduce TVA's NOx emissions by 70 to 75 percent during the ozone season by 2005. 

  • TVA is one of only three utilities in the nation to offer a fully accredited Green Power option to its customers.  Along with participating distributors, TVA offers residential consumers 150 kilowatt-hour blocks of electricity that include a portfolio of wind, solar, and land-fill gas generation. 

TVA's power system is setting production records, operating more efficiently and more cost-effectively than at any time in the past three decades, and TVA has had only one rate increase in 14 years.  Affordable, reliable electric power is the fuel of our region's economy, and TVA is performing as a business as it delivers power production, economic growth and environmental stewardship for the region. 

The TVA Title

Once again, I would like to express my appreciation for the subcommittee's leadership on electricity issues and to you specifically, Chairman Barton, for working closely with members from the Tennessee Valley delegation on issues relating to TVA.   As a Federal corporation, TVA plays a unique role in meeting the power supply needs of the seven-state Tennessee Valley region, and there are statutory and regulatory issues that affect our region that are not experienced by investor-owned utilities.  As a result, TVA has been involved in extensive discussions with distributors of TVA power and industries directly served by TVA in an effort to reach consensus on the appropriate role for TVA to play in a future restructured competitive environment.  The TVA provisions that are part of H.R. 3406 reflect that consensus, although they are still under review within the Administration.  Some of the key provisions within the TVA title in H.R. 3406 include:

      Equitable Competition

  • Restrictions to fair competition, such as the TVA "Fence" and "Anti-Cherry Picking" amendment will be removed simultaneously on the effective date of federal legislation. 

      TVA Power Sales

  • TVA will only sell electricity outside of the existing service area at the wholesale level.  These sales will be limited to electricity that is excess to the demand of its customers in the TVA service area. 

  • TVA will be permitted to sell to its existing retail customers inside the TVA service area.  Only if retail open access is implemented in a distributor's service area will TVA be allowed to sell to new retail customers in that distributor's service area. 

      Regulation of TVA Transmission System

  • TVA transmission service rates, terms and conditions will be subject to regulation by the Federal Energy Regulatory Commission.

It would come as no surprise to any of you that TVA is a large and complex organization and quite different from any other utility in the Nation.  The area in which TVA can serve electricity is limited by law.  The boundary that was established by the 1959 amendments to the TVA Act is known as the "fence."  While TVA is limited outside the fence, other utilities are  limited in their ability to serve loads within the fence.  Many of these unique and complex issues may require Congressional action.

TVA's mission, as codified by the TVA Act, is to serve the people of the Valley.  There is a key theme throughout the TVA title contained in H.R. 3406 that I would like to emphasize - the title continually reaffirms TVA's role as a steward within the Valley region.  The original mission is left unchanged by the title I have come here to discuss today.

In the effort to maintain the integrity of our original mission, TVA has agreed to several restrictions that I am certain no other utility in the country would be willing to subject themselves to.  The TVA Title in H.R. 3406, creates a model where TVA would be required to renegotiate its current contracts with all of its customers inside the Valley in order to bring about wholesale competition.  Furthermore, with respect to sales outside the Valley, this title prohibits TVA from selling to any retail customers outside the Valley, and allows only the sale of excess power to wholesale customers outside the Valley.

TVA has been in the process of preparing for competition for several years.  As I mentioned earlier, we have reduced debt by $2.4 billion over the past four years, while reducing the interest burden of our debt from a high of 34 percent of our costs in 1997 to the current rate of 23 percent.  Additionally, we have been paying debt down while making significant upgrades to our transmission system to ensure reliability, adding peaking generation to our system, and installing significant emissions control equipment at our fossil plants across the Valley.  All of these things add up to better service to our customers.  We continue to believe that when competition arrives in the Valley, we will be the low-cost choice for our customers. 

Customer service has been a core component of the process of developing the consensus title.  To this end, in addition to internal preparation for competition, we are also in the midst of discussions with our customers about the future.  We have offered distributors of TVA power a 10-percent partial-requirements contract and a shorter-term contract.  In doing so, we hope to promote a new relationship with our customers through innovation and flexibility.  Moreover, while some distributors are seeking shorter-term contracts, others would like long-term contracts with more price stability and rate security.  The needs of our customers are diverse.  By working closely with distributors and knowing what each distributor plans for its future, TVA can best serve the Valley in the competitive future.

I would like to share several basic principles that we believe are necessary, with respect to the TVA Title, as this subcommittee moves forward:  (1) that TVA legislation affirms TVA's responsibility for the integrated resource management of the Tennessee River and economic development; (2) ensures the availability of affordable electricity for rural and fixed-income consumers in the Tennessee Valley; and (3) ensures the continued reliability of the power supply and the transmission system.

Conclusion

TVA is working hard to prepare for competition by reducing our debt, keeping our electric rates low, and efficiently managing the Tennessee Valley's integrated resource system.  I want to assure all of you that TVA will continue to work cooperatively with Congress and the people of the Valley to ensure that restructuring is done in a way that's fair to TVA, to the ratepayers, to our distributors, to taxpayers, and that it enables us to set the standard for public power in the future.

We have worked with many stakeholders, especially TVPPA and TVIC, to develop a regional, common sense approach to restructuring.  I am very proud of the progress we have made at TVA, and I have never been more confident that the Valley's future is bright.  I hope to continue working very closely with this Subcommittee, and I applaud you all for your insight and leadership.  Furthermore, TVA and the Administration look forward to working with Congress on the legislative provisions in Title V dealing with TVA.  Thank you again for the opportunity to appear here today, and I look forward to answering your questions.

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