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Electricity Regulation and the Small
Consumer: The View from Main Street,
      in Saint John’s North End




A presentation by
Kurt Peacock
2007/08 Crabtree Scholar in
NB Public Policy
UNBSJ
A challenge rooted in history: how does
regulation balance the needs of the small
 consumer against the regulated entity?
 “…The specialists who were to staff a regulatory commission would be
  restrained by the data they commanded. Unhappily this need not be the
      case. Emanating in large degree from the organizations to be
controlled, the data explored by administrative commissions can often
   capture them. In such a pass, regulation may approach consent, and
stability becomes stultification. Nor do experts, any more than other men,
    live by data alone. Besides common colds and ulcers, they develop
     loyalties and habits. In government, as in business or in education,
 administrators become to some extent the victims of their institutions…
      [they develop] a fatal disinclination to innovation, sometimes to
        formalized action beyond the shuffling of bureaucratic dust.”
    - historian John Morton Blum, writing on the challenge of effective
                   regulation in The Republican Roosevelt
Some Views of NB Power, both
       within and outside the Boardroom
•   “New Brunswickers in all walks of life seem to agree that ‘electric power pioneers
    prosperity’ – that its greater use goes hand in hand with higher productivity, earning
    power, and a better standard of living for all its citizens.” - from a 1954 Annual
    Report
•   “…We continue to make decisions that consider all options to build and sustain a power
    grid for the province that is safe, reliable, and fairly-priced for all New Brunswickers.”
    - from a 2005 Annual Report
•   “With the last increase to the power rates in New Brunswick…we will not be able to
    heat our home…with our home being heated totally be electricity we will be in the
    position this coming winter to either heat our home or feed our bodies.” - signed
    Starving and Freezing in Saint John, a letter sent to the regulator in Fall 2006
•   “It is simply morally wrong to manage a company in such a manner as to cause it to
    be in debt all the time and not make more meaningful action towards those who make
    the decisions to become more inwardly fiscally responsible. Any more hikes over the
    next 5 years is simply out of the question for those who barely stay warm now.” - a letter
    from the former director of the Fredericton Emergency Shelter, sent to the regulator in
    December 2007
The tension between small consumers and the public
 utility is one of the most pressing issues facing the
                  provincial regulator
• 1/3 of province’s public debt is owed by the NB power group.
  These billions, combined with escalating fuel costs, are creating
  significant rate pressures on the utility...
• 60% of low income quintiles rent, according to Statistics
  Canada. This population, which includes a number of seniors,
  lone parent families, and other demographic groups, is often
  vulnerable to rate shock…
• While major users routinely take part in the regulatory process,
  the vast majority of the population is far removed from the
  public hearings. This usually means that hard questions
  surrounding rate equity - not to mention less-defined issues
  related to customer service (disconnects, interest penalties) - are
  often under-examined at rate hearings
This report was
developed through
partnerships with:
In Saint John’s very high poverty neighbourhoods,
        the majority of dwellings are rented. These
  neighbourhoods are more dependent on government
   institutions like the Rentalsman, and they are more
          vulnerable to issues like energy poverty.
                 90.0%



                 80.0%



                 70.0%




Percentage of
                 60.0%




dwellings that
                 50.0%




are rented
                 40.0%



                 30.0%



                 20.0%



                 10.0%



                  0.0%
                         CMA   City    G.B.-       Rothesay   Quis pam s is    Very High    Fredericton   Moncton   NB   Canada
                                      Wes tfield                              Poverty DAs
The Energy Challenge is especially pressing on low-
income households, whose incomes are not keeping
              pace with expenses
                                                       NB Minimum Wage in Constant 2008 $


$10.00
                                         $9.01
 $9.00                                           $8.70 $8.66

                                                               $7.90                                                                                 $7.75
 $8.00
                                 $7.29                                                                                                       $7.24
                                                                       $6.94           $6.99 $6.86           $7.02 $6.95 $6.87
                                                                               $6.70                 $6.59                     $6.77 $6.84
 $7.00                   $6.48

 $6.00           $5.69
         $5.13
 $5.00

 $4.00

 $3.00

 $2.00

 $1.00

 $-
         1965 1967 1970 1972 1975 1978 1980 1982 1985 1987 1990 1992 1995 1997 2000 2002 2005 2006 2007 2008
The Energy Challenge is seen in the number
    of NB households whose power is
             disconnected
A question of equity: NB Power charges its
consumers a much higher monthly service charge
than its provincial counterparts




 This represents an
 effective toll on the right
 to use electricity
A question of equity: under its current rate design,
 NB Power charges a higher rate per kWh to its
 smallest customers than to its largest




The declining block rate represents an income redistribution
from poor NB residents to large consumers of energy
If we can have a consumer advocate for car
                insurance, why not energy?

                     •The current provincial government
                     pledged a more activist role in energy,
                     but so far has been principally focused
                     on energy generation, promoting an
                     ‘energy hub’
                     •New Brunswick residents need a full-
                     time consumer watchdog on the
                     energy file, to ensure that the
                     decisions being made by NB Power
                     and at the EUB are in the best interests
                     of small consumers
                     •An ‘energy hub’ should not simply
                     benefit those involved in production,
                     but should also extend its benefits to
                     the small energy consumer
How can we ensure that electricity regulation
   benefits Main Street? Some Ideas…
• The level of co-operation between Efficiency NB and energy
  utilities should be examined by the regulator. Low-income
  households are often found in older, drafty units, yet they are
  arguably more likely to face disconnection than participate in a
  residential efficiency upgrade.
• The regulatory process must ensure that the rate design is not
  discriminatory toward small consumers (i.e. no declining block
  rate, lower monthly service charges)
• Pressure should be put on utilities to lower their interest penalty
  from credit card levels, and disconnections should be closely
  monitored
• Non-traditional interventions, including public comment days,
  should be welcomed by the regulator
• Stronger oversight on the energy file should be encouraged,
  including the establishment of a consumer advocate
• The idea of a provincial ‘energy hub’ should recognize that the
  energy consumer comes first
A final word from Ms. Christina Payne, who
  participated in the 2006 PUB rate hearing
• “…[being disconnected] was not a pleasant experience.
  This could have been life-threatening for my daughter…In
  Manitoba they have a law that prevents disconnections in
  the winter. Why can’t we have the same law?…We need
  more rules, regulations and laws to prevent my situation
  from happening again…The point is fairness. Think about
  families that are struggling to get by, especially in the
  winter…This rate increase is something I can’t afford and
  neither can other residents in New Brunswick. My
  daughter needs power to live. Power is not only for the
  wealthy, but for low income families as well.”

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Camput 2010 - Presentation on Electricity Regulation and the Small Consumer

  • 1. Electricity Regulation and the Small Consumer: The View from Main Street, in Saint John’s North End A presentation by Kurt Peacock 2007/08 Crabtree Scholar in NB Public Policy UNBSJ
  • 2. A challenge rooted in history: how does regulation balance the needs of the small consumer against the regulated entity? “…The specialists who were to staff a regulatory commission would be restrained by the data they commanded. Unhappily this need not be the case. Emanating in large degree from the organizations to be controlled, the data explored by administrative commissions can often capture them. In such a pass, regulation may approach consent, and stability becomes stultification. Nor do experts, any more than other men, live by data alone. Besides common colds and ulcers, they develop loyalties and habits. In government, as in business or in education, administrators become to some extent the victims of their institutions… [they develop] a fatal disinclination to innovation, sometimes to formalized action beyond the shuffling of bureaucratic dust.” - historian John Morton Blum, writing on the challenge of effective regulation in The Republican Roosevelt
  • 3. Some Views of NB Power, both within and outside the Boardroom • “New Brunswickers in all walks of life seem to agree that ‘electric power pioneers prosperity’ – that its greater use goes hand in hand with higher productivity, earning power, and a better standard of living for all its citizens.” - from a 1954 Annual Report • “…We continue to make decisions that consider all options to build and sustain a power grid for the province that is safe, reliable, and fairly-priced for all New Brunswickers.” - from a 2005 Annual Report • “With the last increase to the power rates in New Brunswick…we will not be able to heat our home…with our home being heated totally be electricity we will be in the position this coming winter to either heat our home or feed our bodies.” - signed Starving and Freezing in Saint John, a letter sent to the regulator in Fall 2006 • “It is simply morally wrong to manage a company in such a manner as to cause it to be in debt all the time and not make more meaningful action towards those who make the decisions to become more inwardly fiscally responsible. Any more hikes over the next 5 years is simply out of the question for those who barely stay warm now.” - a letter from the former director of the Fredericton Emergency Shelter, sent to the regulator in December 2007
  • 4. The tension between small consumers and the public utility is one of the most pressing issues facing the provincial regulator • 1/3 of province’s public debt is owed by the NB power group. These billions, combined with escalating fuel costs, are creating significant rate pressures on the utility... • 60% of low income quintiles rent, according to Statistics Canada. This population, which includes a number of seniors, lone parent families, and other demographic groups, is often vulnerable to rate shock… • While major users routinely take part in the regulatory process, the vast majority of the population is far removed from the public hearings. This usually means that hard questions surrounding rate equity - not to mention less-defined issues related to customer service (disconnects, interest penalties) - are often under-examined at rate hearings
  • 5. This report was developed through partnerships with:
  • 6. In Saint John’s very high poverty neighbourhoods, the majority of dwellings are rented. These neighbourhoods are more dependent on government institutions like the Rentalsman, and they are more vulnerable to issues like energy poverty. 90.0% 80.0% 70.0% Percentage of 60.0% dwellings that 50.0% are rented 40.0% 30.0% 20.0% 10.0% 0.0% CMA City G.B.- Rothesay Quis pam s is Very High Fredericton Moncton NB Canada Wes tfield Poverty DAs
  • 7.
  • 8. The Energy Challenge is especially pressing on low- income households, whose incomes are not keeping pace with expenses NB Minimum Wage in Constant 2008 $ $10.00 $9.01 $9.00 $8.70 $8.66 $7.90 $7.75 $8.00 $7.29 $7.24 $6.94 $6.99 $6.86 $7.02 $6.95 $6.87 $6.70 $6.59 $6.77 $6.84 $7.00 $6.48 $6.00 $5.69 $5.13 $5.00 $4.00 $3.00 $2.00 $1.00 $- 1965 1967 1970 1972 1975 1978 1980 1982 1985 1987 1990 1992 1995 1997 2000 2002 2005 2006 2007 2008
  • 9. The Energy Challenge is seen in the number of NB households whose power is disconnected
  • 10. A question of equity: NB Power charges its consumers a much higher monthly service charge than its provincial counterparts This represents an effective toll on the right to use electricity
  • 11. A question of equity: under its current rate design, NB Power charges a higher rate per kWh to its smallest customers than to its largest The declining block rate represents an income redistribution from poor NB residents to large consumers of energy
  • 12. If we can have a consumer advocate for car insurance, why not energy? •The current provincial government pledged a more activist role in energy, but so far has been principally focused on energy generation, promoting an ‘energy hub’ •New Brunswick residents need a full- time consumer watchdog on the energy file, to ensure that the decisions being made by NB Power and at the EUB are in the best interests of small consumers •An ‘energy hub’ should not simply benefit those involved in production, but should also extend its benefits to the small energy consumer
  • 13. How can we ensure that electricity regulation benefits Main Street? Some Ideas… • The level of co-operation between Efficiency NB and energy utilities should be examined by the regulator. Low-income households are often found in older, drafty units, yet they are arguably more likely to face disconnection than participate in a residential efficiency upgrade. • The regulatory process must ensure that the rate design is not discriminatory toward small consumers (i.e. no declining block rate, lower monthly service charges) • Pressure should be put on utilities to lower their interest penalty from credit card levels, and disconnections should be closely monitored • Non-traditional interventions, including public comment days, should be welcomed by the regulator • Stronger oversight on the energy file should be encouraged, including the establishment of a consumer advocate • The idea of a provincial ‘energy hub’ should recognize that the energy consumer comes first
  • 14. A final word from Ms. Christina Payne, who participated in the 2006 PUB rate hearing • “…[being disconnected] was not a pleasant experience. This could have been life-threatening for my daughter…In Manitoba they have a law that prevents disconnections in the winter. Why can’t we have the same law?…We need more rules, regulations and laws to prevent my situation from happening again…The point is fairness. Think about families that are struggling to get by, especially in the winter…This rate increase is something I can’t afford and neither can other residents in New Brunswick. My daughter needs power to live. Power is not only for the wealthy, but for low income families as well.”