Legalectric

Xcel Energy’s rate case just received another interesting twist — a request of the PUC that the parties to the “settlement agreement” show their work!  I love it when that happens.

20168-124453-01_PUC Letter_8-29-2016

PUC staff wants detailed information about how they reached the numbers they did, how the settlement relates to each of the parties initial positions and testimony, etc., to “show your work!”  The PUC staff is requesting this information so that the Commission can determine whether to accept, modify, or reject the partial settlement agreement.  And note that the parties are mostly those e21Participants who signed off on Xcel’s Exe21_Initiative scam.

GOOD!  Take a close look, PUC!

To review the filings in this docket, go to this PUC SEARCH DOCUMENTS PAGE and search for docket “15-826.”

Under a meme “Raise your voice… before they raise your rates” on a friend’s fb page, the Center of the American Experiment goes off the rails.  They’re fixated on renewable energy as the driver of the Xcel Energy rate case and rate increase, but don’t want to bother with the facts.  Well, it is the Center of the American Experiment, after all…

There’s no posting of the public hearing schedule, and no links to send comments, so what’s the point?  Guess they just want to rant.  I posted info on the schedule, and info about the transmission driver, and surprise, they deleted my comments!

Time to trot out this old favorite:

In Grist today: Transmission Lies

And here’s CAE‘s take:

Renewable Mandate Drives New Increase in Utility Bills

Posted by Tom Steward

on July 12, 2016

Minnesotans continue to pay through the nose for one of the nation’s most expensive renewable energy programs. Electric prices rose by 12.5 percent here from 2007 to 2014, versus a 1.6 percent decline in the average price nationwide.

Today the Minnesota Public Utilities Commission is taking public testimony in the Twin Cities on Xcel Energy’s latest request for permission to jack up ratepayers’ utility bills by another 9.8 percent over the next three years. The request follows five consecutive years of rate increases for Xcel ratepayers, which begs the question of why.

The liberal grassroots group American Association of Retired Persons is leading the charge against a rate hike that will cost average ratepayers an average of $132 more per year.  AARP took out an expensive ad in the Star Tribune this week urging members to show up in force and “raise your voice against another Xcel Energy rate increase” at the PUC hearings.

“AARP knows that when utility bills go up, it hurts Minnesota families, especially those on fixed incomes or struggling to make ends meet. That’s why we’re fighting make sure you only pay what’s fair and reasonable for reliable utility service.” (the quotes aren’t formatting correctly, hence “)

So far, so good. AARP’s website also offers an “easy online tool” to help seniors “share their comments and concerns directly with the PUC.” Of course, doing so automatically opts you in “to receive periodic text, picture and video messages” and “action alerts about the issues that matter the most to older Americans.”

But when it comes to educating AARP’s members on the root cause of the problem, the powerful senior citizens lobbying group gives its usually like-minded environmentalist allies and government supporters a pass.

There’s no mention of why its thousands of members’ utility bills have escalated higher and faster than in most other states, in line with the increase in Minnesota’s renewable energy mandate.

Yet Xcel Energy makes it clear that renewable energy costs are driving much of the rate hike on a website dedicated to the issue.

“We’re making improvements to our distribution and transmission systems for continued reliability, the ability to safely integrate new energy on our system and to continue to provide carbon-free nuclear energy. Those improvements require investments, so we’re also working with regulators to bring more predictability to your energy bills.”  (the quotes aren’t formatting correctly, hence “)

The predictability in our energy bills comes in the form of annual rate increases. And 28 percent of the increase can be directly attributed to “carbon-free energy generation” and “diverse energy,” according to the utility. Another 58 percent goes into the grid for transmission, distribution and technology upgrades, but it’s not clear exactly how much is directly tied to renewable energy development.

Minnesota residents might as well get used to it. If state regulators okay the proposed hike, Xcel customers will have seen their rates increase for eight straight years.

Above is the public hearing schedule for the Rate Case, which apparently CAE does not want published. IF YOU GO TO THE HEARING AND OFFER ORAL COMMENTS, ASK TO BE PUT UNDER OATH (swear or affirm) TO GIVE YOUR TESTIMONY EXTRA OOOOOOMPH!

And to send in written comments, here’s from the PUC blessed  Xcel Notice:

The Public Utilities Commission has approved the Public Hearing Notice for the Xcel Energy Rate Case to be included in bills and publicized where ever.  We’ve got some notice to get prepared:

Lo and behold, there’s one scheduled for Red Wing!!  Thanks for small favors…

What are the issues in the rate case?  Check the docket by going HERE TO PUC SEARCH DOCUMENTS PAGE, and search for docket 15-826.

A couple of things you might find interesting, I did, are some of the Direct Testimony filings.

2A2_Multi-Year Rate Plan – Burdick_201511-115332-02

2C2_Xmsn_Benson_201511-115335-03

In addition to whining about the grid being only 55% utilized (ummm, yes, we knew it wasn’t needed, but you went ahead and built it and now want us to pay through the nose, or other orifices, for your transmission for market export?  ppppppbbbbbbft!), here’s the issue — prices have fallen, the market is down, down, down, and we’re conserving, using less, and so now they want us to pay more to make up for it, oh.  Recap:  Xcel Energy wants us to pay for the transmission over our land for their private profit, they want us to pay more because we’re using less, and they want us to make up for their poor business decisions… yeah, great idea.

This rate case and rate increase request is in large part transmission driven.  Xcel wants to move from cost based rates to formula rates, and they want to shift transmission costs from the Construction Work in Progress recovery that was part of the deal leading to the 2005 Ch 97 – Transmission Omnibus Bill from Hell, with transmission perks, CWIP and Transmission Only Companies.

And then there’s the e21 Initiative, Xcel Energy’s effort leading up to the 2015 legislative session, and it seems that with the exception of AARP, only those who signed on to the e21 “Consensus” are allowed to intervene.

e21_Initiative_Phase_I_Report_2014

Great…

Lo and behold, there’s a public hearing scheduled for Red Wing!!  Thanks for small favors…  Mark the hearings on your calendar and show up.  Before hand, do a little reading!

WOW… can you believe??  It’s not just me, it’s not just denial of Intervention of No CapX 2020.  See 20162-118122-01_Denial2_Overland-NoCapX Intervention.

Intervention as a party in this Rate Case is only open to those who sold out to Xcel Energy and it’s “business plan” agenda of e21.

This is the most recent Order in the Xcel Energy Rate Case:

Order Denying Intervention – SunShare & ILSR

Here are their Intervention Petitions:

ILSR_Intervention_20164-120145-01

SunShare_Intervention_20164-120144-01

To see the full Rate Case docket, go to the PUC’s Search Documents page, and search for Docket 15-826.

And the Order… Dig this, parroting Xcel’s objections:

And this, even worse, as if the interests of the “Clean Energy Organizations” who bought into, stumped for, and sat quietly during the legislative hearings about Xcel Energy‘s e21 Initiative are the same as the interests of SunShare and Institute for Local Self-Reliance – ILSR:

This is SO offensive.  There is no consideration that the perspectives are different, only statements that the issues, the concerns, are the same.

The late, great Myer Shark, rate case Intervenor extraordinaire, would spin in his grave at the limitations of participation in this rate case.

Myer Shark, Lawyer Who Fought Utility, Is Dead at 94

In the Matter of the Complaint by Myer Shark, et al …

Here we go, thanks to Xcel Energy and Office of Administrative Hearings, based on the bias and double standards for participation and obstructions to intervention in the latest Xcel Energy rate case (PUC Docket GR-15-826).

Yes, Intervention in the rate case denied again:

20162-118122-01_Denial #2_Overland-NoCapX Intervention

And I quote:

Further, the Petition states that purposes for which No CapX 2020 was “specifically formed” (fn omitted) was to participate in dockets which are now closed, raising the question of why No CapX 2020 continues to exist.

H-E-L-L-O?!?!?!  This rate case docket is all about shifting the CapX 2020 and MISO MVP 17 project portfolio transmission costs from one scheme to another.   I specifically cited all the references to CapX 2020, MISO MVP, and transmission.

Here’s what has gone before…

Intervention Petition II

Xcel objection to second petition to intervene

Overland-NoCapX_Intervention Petition 2

Intervention Petition I

20161-117574-01_Order Denying Intervention Petition 1

No CapX 2020_Response to Xcel’s Objection

20161-116957-02_Xcel’s Objection to Intervention

NoCapX 2020 and Carol A. Overland_Intervention Petition Packet

And in a parallel track, note the double standard in pleading.

• Note that Xcel has objected only to the Overland/No CapX 2020 intervention.
• Note that Xcel has not objected to those who participated in the “e21 Initiative” which is the basis for this rate case “multi-year rate plan” and transmission shift.
• Note how little the other “intervenors” say.
• Note they do not state their interests.
• Note they do not state how their interests are different from general ratepayers.
• Note they do not state how their interests will not be represented by OAG and Commerce.

OAH has approved Interventions of “The Commercial Group,” “Suburban Rate Authority,” and “City of Mineapolis.”  I’m sure the approval of “Clean Energy Organizations” will soon follow, despite the lack of specific pleading and the apparent conflict with one “attorney” representing so many organizations that either have differing positions and interests, or which are adequately represented by other organizations and don’t need to intervene… funny how this double standard works…

Read the Petitions:

Petition to Intervene of the Commercial Group

Petition to Intervene of Suburban Rate Authority

Petition to Intervene 0f City of Minneapolis

Petition to Intervene 0f “Clean Energy Organizations”

Petition to Intervene of MN Chamber of Commerce

Check out each of these petitions.  Look at the pleading, what’s stated, and as importantly, what is NOT stated.  What are their interests?  How are the “interests” different than general ratepayers in their class?  How are their interests not represented by Office of Attorney General and/or MN Dept. of Commerce?

So what to do?  Participating in the public hearing is not sufficient, and if that’s the limited offering, well, there’s no Discovery for a public participant.  What’s next?  Fight for the privilege of an unfunded intervention, as if there’s nothing else to do?  The issues raised by Overland/No CapX 2020 will not be addressed otherwise.  And thos overt quashing of participation is not consistent with the “public” in “Public Utilities Commission” and the Commission’s mandate.

Meanwhile, FERC just denied the 2010 Petition for Intervention too in the case regarding the cost allocation for these CapX and MISO MVP projects, yes, that took them 5 1/2 years to do, so why now?  Check this out:

FERC Order – Docket ER09-1431 (p. 8)

Odd that should come up now… naaaah, not really.