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The House Committee on Energy and Commerce
Full Committee on Energy and Commerce
September 4, 2003
09:30 AM
2123 Rayburn House Office Building
My name is Richard Kessel and I serve as Chairman of the Board and Chief
Executive Officer of Long Island Power Authority (Authority) located on Long
Island in New York State. As an instrumentality of the State of New York and a
public power agency, the Authority and its operating subsidiary, the Long Island
Lighting Company d/b/a LIPA (LIPA), provide electric service to nearly 1.1
million customers, representing approximately 2.8 million people in Nassau and
Suffolk counties, and the Rockaway Peninsula in the Borough of Queens, New York
City.
Three weeks ago, on August 14, 2003, LIPA and its customers were caught up in
the Northeast power blackout which affected much of the Northeast United States
and South Eastern Canada. Through the cooperation of LIPA customers who limited
their demand and the committed work of LIPA employees and the employees of our
service contractor, KeySpan, over 80% of LIPA customers had their power restored
by 8:30 A.M. on August 15th and all customers had electric service restored
within 25 hours, 21 minutes of the blackout.
The blackout provides a telling example of the fragility of our electric
transmission system and the need to continue our efforts to improve system
reliability. We at LIPA are as committed as the members of this Committee to
analyzing this situation and ensuring the prevention of a similar occurrence.
For that reason, I want to thank Chairman Tauzin for calling this hearing and
for providing me with the opportunity to speak on behalf of the LIPA's customers
regarding what happened on August 14, 2003, and to provide recommendations on
actions that can be taken to improve our electric transmission system and
overall reliability.
LIPA - PROVIDING RELIABLE ELECTRIC SERVICE TO ITS CUSTOMERS ON LONG ISLAND
The Authority and its operating subsidiary, LIPA, own and operate the
transmission and distribution system on Long Island while also providing retail
electric service to customers on Long Island. The Authority was established in
1986 by the New York State legislature to resolve a controversy over the
Shoreham Nuclear Power Plant and to achieve lower utility rates on Long Island.
Created as a corporate municipal instrumentality of the State of New York, the
Authority was authorized under its enabling statute to acquire all or any part
of the securities or assets of the Long Island Lighting Company (LILCO). In May
1998, the Authority acquired LILCO as an operating subsidiary. This acquisition
resulted in an average rate reduction of 20% to the Long Island ratepayers.
LIPA owns 1,344 miles of transmission and sub-transmission lines that deliver
power to 175 substations in its electric system. From these substations, 13,075
circuit miles of distribution lines deliver the power to nearly 1.1 million
business and residential customers. In addition, Long Island is served by five
operating transmission interconnections to neighboring electric systems and a
new high voltage direct current interconnection to Connecticut - the Cross Sound
Cable - that is ready for full commercial operation which has been delayed for
more than a year due to a permitting moratorium enacted by the State of
Connecticut in June 2002. Instead, operation of the Cross Sound Cable has
occurred only as the result of emergency operating orders issued by the
Department of Energy for a short period of August and September, 2002 and since
August 15th in response to the Northeast power blackout.
LIPA is committed to finding creative solutions to the provision of economic,
environmentally sensitive and reliable electric supply for its customers.
Historically, there have been reliability and service issues for the residents
of Long Island. As an island with a robust economy, the demand for electricity
on Long Island has been growing at a record rate in recent years. On average,
for the past several years, our demand has grown at a rate of approximately 100
megawatts (MW) per year. For example, in July 1999, a four-day heat storm
produced a summer peak demand record for LIPA of 4590 MW and 4757 MW for the
Long Island Control Area. That 1999 LIPA record was 382 MW higher than the
previous summer record of 4208 MW set in July of 1998. To provide some
perspective, however, at the time of the August 14th system disturbance, all of
the Long Island generation was functioning well with a typical summer demand
load of 4677 MW-a demand level that, just four years ago, was a summer peak
demand record. And this demand continues to grow. The peak demand in the Long
Island Control Area for 2002 was 5059 MW.
Meeting this load growth, however, is not an easy task. In many ways, Long
Island is a microcosm of the difficulties that face electric utilities today in
providing the reliable and cost-effective energy that is critical to our local,
state and national economy. Over the past several years, LIPA has taken
aggressive steps to maintain and enhance the existing electrical system on Long
Island to meet customer demand and improve reliability. The initiatives that
LIPA has undertaken include:
- Initiation of a power supply enhancement program that has included execution
of power supply agreements with developers of new generation units on Long
Island (totaling 500 MW in 2002 and 2003) to meet peak energy demands, siting
temporary mobile generation units (200 MW in 2002 and 130 MW in 2003) and
issuing an RFP for additional baseload energy sources on Long Island and
transmission interconnection siting (for operation in 2006);
- Initiation of conservation and efficiency programs such as LIPA's Peak
Load Reduction Partnership and LIPAedge which are designed to help us meet and
manage our demand obligations with the assistance of our customers. LIPA's Clean
Energy Initiative was created in May of 1999 to support energy efficiency, clean
distributive generation and renewable technologies. The Authority has spent more
than $180 million in the first five years of the program and has extended it for
another five years. Some of the accomplishments include the installation of the
largest commercial solar roof in the country, investment in fuel cells and
geothermal projects, as well as development of wind turbine demonstration
projects. The Authority is currently reviewing responses to a recent RFP for a
large offshore wind project. In addition, LIPA's Peak Load Reduction Program and
LIPAedge Program were designed to meet and manage our demand obligations with
the assistance of our customers;
- Upgrading the transmission and sub-transmission infrastructure to improve
energy transfer capability to and from Long Island and neighboring electric
systems, increase the internal interface transfer capability and accommodate
competition from new merchant generators on Long Island;
- Fostering the development of the Cross Sound Cable and, ultimately,
entering into a long-term transmission service agreement with the builder of the
Cross Sound Cable, TransEnergie U.S., which made the financing of the project
possible; and
- Substation and distribution line capital improvement projects to provide
the capacity to serve forecasted load growth and to improve the overall
reliability of the system.
Electric energy is not a luxury. We must ensure that the infrastructure
supporting the delivery of electricity to our customers is up to the critical
task of ensuring that our homes are lit and our businesses have the electricity
necessary to produce the goods and services that support our economy. On October
17, 2002, LIPA released its Draft Energy Plan which details a comprehensive,
multi-faceted and flexible approach to providing a safe, reliable,
environmentally friendly and cost efficient supply of electricity to LIPA's
customers well into the future. In addressing the transmission and distribution
components of the Draft Energy Plan, the first and foremost criteria for
identification of projects was the ability to improve system reliability. In
order to meet demand and maintain reliability, LIPA has invested heavily in
transmission infrastructure and will continue to do so. Since taking ownership
of the Long Island transmission and distribution (T&D) system in May of
1998, LIPA has invested $1.01 billion in our T&D system. The expenditures
have been made on a wide range of projects including new transmission and
distribution lines and upgrades of existing lines, new substations and upgrades
of existing substations. In 2002, LIPA invested nearly $332 million in
improvements to the T&D system alone. LIPA's 2003 budget commits an
additional $240 million to such improvements. Projected expenditures for 2004
could reach $216 million, with expenditures for 2005 reaching nearly $200
million.
As part of its efforts to improve the overall transmission infrastructure
serving Long Island, since 1998, LIPA has worked to establish a new
interconnection between New York and New England across Long Island Sound -
which ultimately became the Cross Sound Cable project. Constructed in 2002 by
TransEnergie U.S., Ltd. (TEUS), the transmission line interconnects the New
England and New York control areas and is capable of transporting 330 MW of
electricity between Long Island and Connecticut. Although LIPA is not the owner
or the operator of this transmission line, LIPA's involvement in the project has
been critical to its construction and completion. By entering into a Long Term
Firm Capacity Purchase Agreement with TEUS in August of 2000, LIPA provided the
necessary support for the financing of this project. The development of this
merchant transmission line, in addition to LIPA's other efforts, is necessary to
continue to serve the growing demand for electricity of the residents of Long
Island.
Most recently, as part of our ongoing efforts to improve the transmission
system, on August 28, LIPA announced a Research and Development (R&D)
project with DOE and a consortium of manufacturers, led by American
Superconductor of Massachusetts for the installation of a superconductive cable.
This $30 million project will test the world's first installation of a
superconductor cable in a live grid at transmission voltages. Called high
temperature superconductor (HTS) power transmission cables, superconductors can
transmit two to five times the amount of electricity through the same space
occupied by existing cables. The 2000 foot 138kV transmission superconducting
cable will be demonstrated as a portion of a circuit located in an existing
right-of-way in East Garden City. Project development has already begun, and the
superconductor cable will be installed in the fall of 2005 with full operation
scheduled for the end of 2005. If the R&D demonstration proves successful,
LIPA would look to continue building the superconducting cable to the next
substation. Connecting the two substations would provide a capacity of 600
megawatts.
Maintaining system reliability is a key mission for LIPA. LIPA is a founding
member of an international public/private R&D partnership to apply new
technologies to electric T&D systems to create a "self healing"
grid that will detect and correct problems before they occur. Called the
Consortium for the Electric Infrastructure to Support a Digital Society (CEIDS),
some 15 entities, including the U.S. Department of Energy (DOE), the New York
Power Authority (NYPA), Consolidated Edison Company of New York Inc., Cisco
Systems, Lockheed-Martin, and Electricite de France have joined in the effort to
develop the "self healing" grid technology concept. The CEIDS effort
is part of the R&D projects spearheaded by the Energy Innovation Institute
(E2I) a subsidiary of the Electric Power Research Institute (EPRI). Development
of a "self-healing" transmission and distribution system - capable of
automatically anticipating and responding to disturbances, while continually
optimizing its own performance - will be critical for meeting the future
electricity needs of an increasingly digital society.
LONG ISLAND'S EXPERIENCE DURING THE BLACKOUT OF AUGUST 14
The events and circumstances of the Northeast blackout are still being
examined through such efforts as the U.S./Canada Power System Outage Task Force
(Joint Task Force). LIPA, as a transmission owner and load-serving entity in New
York, has been cooperating with the Joint Task Force. Until the Joint Task Force
completes its work, it is difficult to speculate on any one set of factors or
conditions that may have caused the system disturbance.
From Long Island's perspective, what we presently know is that in the moments
leading up to the blackout, the Long Island transmission and distribution system
was operating under normal summer conditions with a load demand of approximately
4,677 MW. There were no major generation facility outages on Long Island. Of the
interconnections between Long Island and the rest of New York State and New
England, the Y49 and Y50, 901 and 903 Cables were operating and had scheduled
power flows. Due to operational rules regarding the interchange of energy
between New York and New England, the fifth line interconnecting to Long Island,
the Northport-Norwalk Tie had no scheduled power flow moving over its lines. The
Cross Sound Cable, however, was de-energized due to the Connecticut siting
moratorium that has delayed environmental review of a permit modification
required prior to commercial operation of the facility.
LIPA has emergency plans to address blackouts like the August 14th event.
Consistent with LIPA policies and plans, our emergency plan was immediately put
into place when our system operator, KeySpan, called a "Condition
Red." Less than twenty minutes after the blackout, LIPA had put its first
"black start" generating unit into service which served as the
foundation of the system recovery. At 5:15 P.M., just an hour after the
blackout, LIPA's emergency team was assembled to assess system conditions and
determine critical tasks that needed to be undertaken. Attached to my testimony
as Appendix A is a presentation that LIPA recently released detailing the power
restoration efforts that took place.
The Long Island T&D system and the interties with New England and the rest
of New York State were a critical component of the power restoration efforts.
During the restoration effort, LIPA's interties were used to provide emergency
energy support and to connect LIPA's system to the Northeast power grid thus
stabilizing system frequency. The interties were a valuable tool during LIPA's
efforts to complete the restoration of its entire system. At 11:45 P.M., August
14th, LIPA received notice from the Department of Energy that Secretary Abraham,
acting upon a request from Governor Pataki, had issued an emergency order
immediately directing the operation of the Cross Sound Cable pursuant to Section
202(c) of the Federal Power Act. Once active, the Cross Sound Cable provided
essential electricity to Long Island and helped stabilize voltage on both Long
Island and in Connecticut. Cross Sound Cable transmitted 15,000 megawatt-hours
of electricity over the critical three-day restoration period following August
14, enough to repower about 300,000 homes on Long Island.
The ultimate effect of the Northeast blackout on Long Island is still being
tallied. Estimates have been made that LIPA, alone, may have incurred an
economic loss of $20,000,000. An assessment of LIPA's T&D system is still
ongoing but preliminary assessments suggest that most of LIPA's transmission and
distribution facilities were unharmed. However, LIPA has already determined that
there was damage to a major power station step-up transformer and other
facilities on its system, including damage at several transformers and
substations.
It is still too early to provide definitive opinions about what went wrong on
August 14th or what equipment worked exactly as intended or not. However, in
LIPA's opinion, it is clear that there is a lack of transmission infrastructure
- both lines and systems - necessary to address a massive outage such as this
one or to facilitate the restoration of service to our customers. There may not
be one piece of equipment or hardware that would have prevented such a
widespread outage. However, we do know that the Cross Sound Cable, had it been
in commercial operation rather than sitting idle due to a politically-motivated
siting moratorium in Connecticut, would have, at the very least, reduced the
time for restoration of power to Long Island residents. In this case, the
Secretary of Energy properly stepped in and issued an emergency order to
facilitate the use of the Cross Sound Cable in LIPA's power restoration efforts.
I firmly believe that it did not, and should not, have to come to the issuance
of an emergency order to initiate power flows over the Cross Sound Cable. It is
the failings of the present system, that has allowed parochial politics to
override the legitimate need for additional interstate transmission lines such
as the Cross Sound Cable, that we must address if we are to move towards
improving the reliability of our electrical grid.
LESSONS LEARNED FROM THE BLACKOUT AND HOW SIMILAR INCIDENTS IN THE FUTURE CAN
BE PREVENTED
The Northeast blackout demonstrates the need for improving system reliability
through updates to operating protocols, modification of system management
software, emergency planning and infrastructure investments. Many of these
actions do not require Congressional action. However, other matters surely
require Congressional attention-in particular, LIPA urges Congress to consider
improvements that can be made in: (1) ensuring the optimization and full
utilization of existing facilities such as the Cross Sound Cable to ensure
system reliability; (2) facilitating new investment in transmission
infrastructure by ensuring that there is certainty in cost-recovery and that all
benefits of new transmission investments are captured in the compensation
mechanisms; (3) removing obstacles to timely siting decisions for transmission
facilities and avoiding multi-jurisdictional in-fighting over interstate
transmission facilities; and (4) ensuring the development of effective
reliability criteria.
Ensuring Full Utilization and Optimization of Existing Facilities to Support
Regional Reliability.
The failure to fully utilize existing transmission facilities to ensure the
efficient and reliable delivery of energy is unconscionable. For many of the
same reasons that its energization pursuant to Secretary Abraham's emergency
order gave LIPA a critical asset in its efforts to restore power to Long Island,
the high voltage, direct current, Cross Sound Cable could have provided valuable
assistance in efforts to stem the tide of the system disturbance that ultimately
blacked out Long Island. As detailed in Appendix B, which describes the history
of the Cross Sound Cable, state parochialism in the form of a Connecticut state
siting moratorium has kept this cable from being placed into commercial
operation-even though it is fully constructed and its operation will not result
in adverse environmental conditions in Long Island Sound. Since the blackout,
the Cross Sound Cable has been operating subject to an Emergency Order from the
Department of Energy.
Last Thursday, the Secretary extended this order, finding that emergency
conditions continue to exist since there has been no authoritative determination
of what happened on August 14th or why the existing system was unable to stop
the spread of the outage. As a result, the Secretary directed that the owners of
the Cross Sound Cable continue to energize its facilities to transmit and
deliver electric capacity between the New York and New England control areas as
well as to provide voltage support and stabilization facilities in accordance
with normal operating and scheduling protocols in the NYISO and ISO-NE during
the continued existence of emergency conditions.
While the Order allows operation of Cross Sound Cable at this time, it is
subject to revocation at any time. We must do more than just recognize the Cross
Sound Cable's contribution to removing emergency conditions and allow the
facility to be placed into full commercial operation so it can fully support and
enhance the reliability of the adjoining New England and New York control areas.
Another example of the lack of full utilization of existing facilities is that,
presently, the NYISO and ISO-NE do not allow for separate power schedules to
flow over Northport-Norwalk Harbor intertie and routinely set the available
transmission capacity of this intertie to zero in favor of sending all flows
between New York and New England over AC interties in upstate New York. While
the NYISO and ISO-NE certainly have operational responsibility to determine a
reliable power flow within their control areas and between the two regions,
removing certain facilities completely from the available options does not
provide the full amount of flexibility that can and should be present in the New
York and New England systems. LIPA has been working with the NYISO and ISO-NE to
resolve this matter. However, even under the most optimistic estimates a
permanent solution is unlikely to be in place before Summer 2004-at the
earliest.
We must ensure that existing transmission facilities are fully utilized. Actions
must be taken to immediately direct the operation and full utilization of
existing interstate transmission facilities, such as the Cross Sound Cable, to
support reliability while ensuring that such operations are conducted in a
manner that protects the environment.
Certainty of Cost-Recovery and Recognition of All Benefits Provided by New
Transmission System Investments.
At present, transmission owners are faced with a regulatory environment that
does not provide certainty in rate recovery and does not fully recognize the
reliability and market-related benefits created from transmission system
improvements. This issue is not merely a question of what rate of return should
be provided to a transmission owner. Rather, there is a more fundamental
uncertainty as to whether, regardless of the rate of return applied to the
expenditures made, cost recovery would ever actually occur. Further, all
benefits of transmission investments must be recognized. Transmission facilities
can provide reliability benefits, facilitate additional energy exchanges,
improve access to additional installed capability resources, and provide voltage
support.
Further, there are innovative, leading-edge and smart technologies, such as high
temperature superconductor (HTS) power transmission cables and 'self healing'
grid technologies that can infuse the transmission system with additional
flexibility. Simply providing for cost recovery through a traditional
transmission usage charge does not fully recognize the benefits provided by the
new generation of transmission investments that electric utilities, like LIPA,
are making today. Ultimately, the federal regulatory framework for wholesale
transmission service must allow for cost-recovery certainty and fully recognize
and capture the multiple benefits to the market and reliability that are created
by transmission system improvements.
Removing Obstacles to Transmission Facility Siting.
One of the most glaring issues that must be addressed to ensure future
investment in transmission facilities is the complexity of siting multi-state
transmission facilities. As a matter of course, transmission lines often cross
multiple jurisdictional boundaries. Unlike interstate natural gas facilities
(that are subject to siting certificate approval from a single entity, FERC),
construction of an electric transmission facility can require the approval of
multiple siting authorities. Furthermore, there is no standardization of
facility siting review requirements or timelines for approvals. The result is a
patchwork of siting authorities, with each one having the ability to
fundamentally affect the ability of a particular project to proceed.
LIPA believes that there must be a reconsideration of how siting decisions are
made for interstate transmission facilities to ensure that there is not
parochial, jurisdictional interference in the functioning of what is truly an
interstate market in electric energy. The Mid-Atlantic and Northeast states are
too densely populated and too interdependent economically and environmentally to
permit one recalcitrant state to block environmentally benign and urgently
needed infrastructure. LIPA has no objection to reasonable state oversight of
permitting to ensure that legitimate local and environmental concerns are met.
However, the fact remains that interstate transmission lines do not serve a
single jurisdiction and provide critical bridges for regional reliability.
A federal framework must be in place that ensures that interstate transmission
facilities that are needed for reliability are not stymied by conflicts between
multiple jurisdictions or political interference. Such a framework may be
achieved through a number of different mechanisms, such as a one-stop siting
approval procedure before FERC; or allowing the Secretary of Energy or FERC to
direct the construction and operation of an interstate transmission facility
upon a specific finding that it is required for regional reliability and can be
accomplished with all necessary environmental safeguards. Ultimately, what is
needed is a clear path by which critical, reliability improvements to the
interstate transmission system can be made in a timely manner.
Improving Reliability Criteria and Coordination.
The development of effective reliability criteria is a critical element in
transmission system planning. As transmission system investments are made, it is
important that such investments in new technologies and facilities incorporate
and accommodate the appropriate reliability criteria to ensure a more stable and
reliable network. To that end, the current reliability criteria and structure
for regional reliability coordination should be reviewed and recommendations
made for improvement. Further, reliability benefits of transmission system
improvements must be fully recognized through such mechanisms as payments for
generation.
RECOMMENDATIONS FOR CONGRESSIONAL ACTION
In closing this testimony, LIPA urges Congress to take the following steps to
ensure that our nation can be served by a safe, efficient and reliable
transmission and distribution system:
- Actions must be taken to immediately direct the operation and full
utilization of existing interstate transmission facilities, such as the Cross
Sound Cable, to support reliability while ensuring that such operations are
conducted in a manner that protects the environment.
- The federal regulatory framework must support transmission system
investments by providing for cost-recovery certainty and fully recognizing and
capturing the multiple benefits to the market and reliability that are created
by transmission system improvements.
- A federal framework must be in place that ensures that the siting of
interstate transmission facilities that are needed for reliability are not
stymied by conflicts between multiple jurisdictions or political interference.
- The current reliability criteria and structure for regional reliability
coordination should be reviewed and recommendations made for improvement.
Further, reliability benefits of transmission system improvements must be fully
recognized through such mechanisms as payments for generation and transmission
improvements that result in a measurable benefit to system reliability.
LIPA looks forward to working with Chairman Tauzin and all members of this
Committee on passage of legislation that enhances the reliability of our
electric transmission and distribution systems.
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