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The House Committee on Energy and Commerce
Full Committee on Energy and Commerce
September 3, 2003
10:00 AM
2123 Rayburn House Office Building
Mr. Chairman, Members of the Committee, my name is Alan R. Schriber. I am the
Chairman of the Public Utilities Commission of Ohio and the Ohio Power Siting
Board and am here today to answer what questions can be answered to date and
express our views. I appreciate the opportunity to appear before the House
Energy and Commerce Committee. I respectfully request that the written statement
submitted under my name on behalf of the Public Utilities Commission of Ohio be
included in today's hearing record as if fully read.
The Public Utilities Commission of Ohio is charged with the duty of
regulating the retail rates and services of electric, gas, water and telephone
utilities operating within our jurisdiction. Specifically, with respect to
electricity, we regulate the distribution of power but not transmission.
Additionally, since Ohio has restructured the industry, we no longer regulate
generation. We have the obligation under State law to assure the establishment
and maintenance of such energy utility services as may be required by the public
convenience and necessity, and to ensure that such services are provided at
rates and conditions which are just, reasonable and nondiscriminatory for all
consumers.
You have asked what factors and events led up to the blackouts that occurred
on August 14. I am personally honored to be able to serve on the U.S.-Canada
Joint Task Force on the Power Outage, and I am certain causes will be identified
as expeditiously as possible. Following that, recommendations as to remedial
action will undoubtedly be forthcoming.
To this point, many of the events that took place in Ohio have been
documented via timelines. However, the entire picture of what happened August
14th will take serious analysis well beyond the scope of Ohio alone. Its effect
upon the citizens and businesses of Ohio were documented for you earlier by
Governor Taft. In the aftermath, the Governor charged my Commission with the
challenge of scrutinizing events as they occurred in Ohio and will complement
those of the U.S.-Canada Joint Task Force.
As we pursue our quest for causes and solutions to the outage, I think that
we will find that the electrical system in this nation is by no means
"third world". It is a very complex, interconnected system that has in
fact worked very effectively. The system operated as it was designed to operate
on that unusual day in August. Lines tripped, plants tripped, and systems were
isolated to prevent further blackouts, just as they were designed to perform. If
the systems had not operated as above, not only would the loss of power been far
more extensive, but severe damage would have resulted to our infrastructure.
While it is reassuring that the situation was "contained" to some
degree, and that remarkable restorations were implemented, we cannot ignore the
fact that weaknesses exist that call for repair. Much like the Interstate
highway system, traffic patterns on the wires have changed, congestion has
increased, and wires need fixing. Above all, we learned how vulnerable we are,
and how dependent we are on our electric system.
You will undoubtedly hear from opponents of deregulation that states such as
Ohio that have promoted retail competition collectively contributed to the 2003
outage. I must take issue with this stance. The type of competition that has
been promulgated at the state level is one of retail competition, wherein end
users purchase their power from marketers who, in turn, buy in the wholesale
market. The grid as we know it today has always been the vehicle over which
wholesale transactions take place. It was built to accommodate transactions
between utilities. This is nothing new.
Nothing has really changed that principle except for the number of
transactions that travel the wires, which is a measure of the overall increase
in the demand for electricity. The electrons know nothing except that the
quickest way to get somewhere is along the shortest path. Therefore, if you live
in Illinois and buy electricity from New Jersey, you'll write a check to the
generator in New Jersey. However, the electrons that you end up with will come
from close by, while the New Jersey generator's electrons will stay closer to
home. That is the difference between the contract path and the physical path.
All of this is to say that deregulation, which has been adopted by less than
half the states with a modicum of success, should not be a relevant
consideration.
The real challenge that lies ahead, and one that Congress must confront, is
molding the electric grid into one that can accommodate the economic realities
of today. The reality is that demand has shifted and so to have the suppliers.
Parenthetically, one should note that, in the aggregate, generation supply is
sufficient to meet demand. The problem is that the suppliers are not necessarily
lining up through the grid with the demanders. The reason for this misalignment
is a patchwork of overseers of the grid; regional transmission systems, private
transmission systems, and systems within the vertical structures of utility
companies are accountable to no single boss even though they all interconnect at
some point.
If we had many discreet, non-interconnected systems, I suspect we would have
more blackouts than fewer, although of less duration, since there would be no
interconnected neighbor to help out on a hot day. On the other hand, a
regionally coordinated transmission system with a super-large geographical
footprint would enhance the ability to work through all kinds of contingencies,
some of which are simply beyond the scope of smaller control areas.
Everyone should want to see our transmission resources allocated in an
optimal manner. I am prepared to argue that its achievement is predicated on the
super-regional transmission system alluded to above. To this end, FERC is the
federal agency endowed with the authority to make it happen. Congress should
support FERC's efforts to enlist participation by all transmission owners into a
regional grid that recognizes the economies of centralized management.
I do not know how many billions of dollars it might take to upgrade the grid,
but I do fervently believe that whatever dollars are expended are done so most
economically when the needs of the grid as a whole are evaluated as objectively
as possible. Given the myopia associated with the fragmented systems of today,
dollars may be thrown at "fixes" that often do nothing but add an
asset to the utility rate base; not only are the needs of the region ignored,
but the utility that has determined to fence itself in does very little at the
margin to benefit its own customers. Regional approaches must be adopted to
appreciate the needs and recognize the benefits.
An independently administered regional transmission system, on the other
hand, could prioritize its investments based upon marginal benefits. Dollars
would flow to the points on the grid that would yield the most benefits, for
example, the amount of regional congestion that is relieved, regardless of whose
"backyard" it resides. Why would a single state permit the
construction of a high tension wire within its boundaries if there were not a
single "drop" along the way? The answer would be that it probably
would if it understood that the congestion relieved by the line significantly
increased the level of unobstructed power flows within the state. The problem is
in the "understanding". The manager of an independent, integrated,
profit maximizing transmission organization understands the resource
optimization process because it has the bigger picture.
In addition to rational planning, the aggregated grid system is also more
likely to attract capital. Investment dollars move to the places where the
potential yields are the greatest given the risks. We might conjecture that the
greater the number of electrons that flow, the greater the dollars that flow to
the construction of wires that carry those electrons. A unified super-regional
grid maximizes power flow through the grid and should be politically indifferent
as to the points of need located within. In contrast, sub-optimal investments in
electric facilities are made when a single entity, without regard for the region
around it, is more interested in closing itself off from the greater good. Those
who provide the dollars are more likely to follow the path of investment with
the greatest potential for risk/return optimization, which from my point of view
resides with the regional grid.
I have been talking to this point about the physical conditions that bind the
grid for better or worse. However, the economics of all of this must not go
unmentioned. Different transmission systems, as fragmented as they might be,
often employ pricing strategies that are inconsistent with one another. When the
price of moving electricity a number of miles across different operating areas
varies according to whose area is being crossed, the outcome can be quite
confusing for those paying the freight. Without belaboring the point, another
strong argument that favors super-regional management of the grid is pricing
consistency and the concomitant higher level of economic certainty conferred
upon users of the grid.
This aggregation of transmission systems or control areas is the cornerstone
of the FERC's endeavor. To be thoroughly effective, however, it must also draw
lifeblood from Congress as Congress deliberates its Energy Bill. It is
antithetical to our interests to delay FERC's attempt to implement its design
for a rational transmission market.
If Congress must do any one thing immediately, it must address the issue of
system reliability. While the states have the authority from their legislatures
to set and enforce rules for distribution systems, the federal government must
confer power upon someone to do the same for the transmission system. Whether it
be the North American Electric Reliability Council (NERC) as currently proposed
in the Energy Bill, or whether it be the FERC, the rules of the road must be
mandatory. Once in place, the enforcement of the rules can follow the course
taken by other federal agencies.
A unique and efficient means of enforcement of some federal rules has evolved
over the years. Ohio, as well as other states, undertakes a number of such tasks
on behalf of federal agencies. For example, the US Department of Transportation
has very specific rules that speak to natural gas pipeline safety. Ohio's Public
Utilities Commission receives funds from USDOT to inspect and enforce those
rules within the state's borders. Ohio also participates in the inspection
protocols for the transportation of hazardous materials. The same process has
evolved with the Federal Railroad Administration which has prescribed rules for
rail crossings. The Ohio Commission has personnel evaluating and prioritizing
grade crossings for the purpose of supporting communities with safety devices.
Given the fact that Ohio and other states already support federal agencies in
rule enforcement, does it not make sense to consider the same for the
transmission of electricity?
The events of the past couple of weeks speak clearly to the need for Congress
to do two things. First, Congress must focus on endowing some agency or
organization, e.g., the FERC or NERC, with rule-making authority that locks-in
our quest for a reliable grid. Second, it must enable the FERC to move forward
in its initiatives to bring about a physically and economically rational
structure and governance to the transmission system.
I appreciate the opportunity to have appeared here before you today and look
forward to clarifying anything that I have said.
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