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Date:Tue, 6 Mar 2001 04:17:00 -0800 (PST)

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IssueAlert for March 6, 2001=20

Texas Announces Launch of Pilot Program;=20
Pat Wood Distinguishes Texas from California

by Susan Kellogg, Issues Analyst
and
Will McNamara, Director, Electric Industry Analysis

In a satellite media event on March 5, Pat Wood, the chairman of the Public=
=20
Utility Commission of Texas (PUCT), introduced the media to a statewide=20
campaign of television advertisements that are part of a kick-off of the=20
Texas Electric Choice Pilot Program. Electric choice begins in Texas on Jun=
e=20
1, 2001, with the start of a pilot program in which 5 percent of customers=
=20
served by Texas investor-owned utilities can choose their retail electric=
=20
provider (REP). Most other customers will be able to choose their REP when=
=20
full-fledged electric choice begins on Jan. 1, 2002. =20

After fielding questions from a bevy of television media reporters at the 1=
1=20
a.m. broadcast, Wood conducted an exclusive interview with SCIENTECH Issues=
=20
Analyst Susan Kellogg on how and why the Texas deregulation plan will work;=
=20
why California didn't; and what role the expanding renewables market=20
(particularly wind power) will play in developing a vibrant, competitive=20
energy market in Texas. =20

Analysis: PUCT Chairman Wood is confident that Texas has done its homework=
=20
well, and the state's overall deregulation plan has set the stage for a=20
successful retail competitive market. When we think of Texas, we think "big=
,=20
confident, independent." However, a comprehensive, statewide group of=20
stakeholders explored deregulation from all sides=01*getting information an=
d=20
advice from other deregulating states and international sources=01*to make =
sure=20
that Texans have a different experience with electric choice than=20
Californians did.=20

The summary of "what didn't work in California" has circulated in the media=
=20
for weeks, but Wood has an interesting perspective on what complicated the=
=20
state's energy deregulation market. Basically, Wood says, the California=20
market worked pretty well until it stopped raining in California, Oregon an=
d=20
Washington. In Wood's opinion, the fact that California is dependent for=20
one-quarter of its power supply on an intermittent source (in this case,=20
hydroelectric power) makes little sense and is largely to blame for the=20
supply / demand imbalance still wreaking havoc in the state. The lack of=20
power plant investment exacerbated the dynamics of the market when a critic=
al=20
piece of the power supply dried up last summer.=20

Wood's criticism of the California mismanagement focused on the "it's not m=
y=20
job" mentality, considering that three state agencies were involved in=20
California deregulation and yet no specific agency seemed to be in charge.=
=20
"Bush would have run me out of Texas if we had done anything like that,"=20
mused Wood. "Our job is to not only do our job today but to plan for the=20
future to look ahead. Granted, there had been no power plant investment, bu=
t=20
not looking ahead with accountable facts was an inexcusable critical piece =
of=20
planning missed by the California Energy Commission." =20

The perfect storm of colliding conditions that plunged California into=20
survival mode could have been prevented. The whole energy market has a less=
on=20
to learn, says Wood. And Texas has an opportunity to practice.=20

To counteract the mistakes made, Wood freely acknowledges that Texas=20
"pirated" most of the infrastructure of Texas' deregulation bill from=20
Pennsylvania's largely successful plan. The Texas legislature meets every t=
wo=20
years for a 90-day session. Right before the 1999 session, Wood and a=20
deregulation team went to Pennsylvania and visited with state commissioners=
,=20
legislators, industry executives, consumer groups, and customers to find ou=
t=20
what was working and what was not in the Pennsylvania model. =20

What they decided to leave behind from Pennsylvania's overall successful=20
deregulation strategies was the provision that allowed a Philadelphia=20
electric affiliate to go back into Philadelphia and attract the customers=
=20
away from their own utility in the name of competition. Texas' goal, Wood=
=20
clarifies, is to have a market of unaffiliated companies participating, whi=
ch=20
will hopefully generate genuine, long-term competition. Yet, in contrast to=
=20
Pennsylvania, Texas adopted a policy in which customers that do not opt to=
=20
switch to a new provider are defaulted to an affiliated REP of their=20
incumbent utility. This affiliated REP, which cannot be the T=02=15operatio=
n of=20
the incumbent utility, will remain subject to regulated rates in its assign=
ed=20
service territory, although it is allowed to freely compete without price=
=20
regulation outside of its service territory. =20

As a result of this policy, Texas-based companies such as Reliant and TXU=
=20
have submitted multiple applications to the PUCT, covering separate=20
subsidiaries that will serve different customer classes and allowing the=20
companies to compete outside of their service territories. At last count,=
=20
over 11 companies had filed for certification with the PUCT to be a REP in=
=20
Texas. Companies that plan to be active in the Texas retail market include=
=20
The New Power Company, Green Mountain Energy, First Choice Power (the=20
competitive spin-off of Texas-New Mexico Power Company), TXU Energy Service=
s,=20
Sempra, Shell, Reliant, and Enron Energy Services (among others).=20

Another Texan invention was the Electric Reliability Council of Texas=20
(ERCOT), the independent power grid that serves the bulk of the state and i=
s=20
essentially an electrical island in the United States. Not possessing=20
multi-state jurisdictions has both its advantages and disadvantages. Wood=
=20
sees it being a plus for the Texas energy market because of the ability to=
=20
monitor the balance of supply and demand of energy flow. =20

Another feature of the Texas approach to deregulation is to make the=20
transition easier for both retailers and operators, in part by developing a=
=20
seamless integration between supply and demand. Perhaps most significant i=
s=20
the emergence of wind power and other renewables in the state, in part=20
because of a mandate (Renewables Credit Exchange) that allows a retailer to=
=20
buy renewable credits from a renewable operator at whatever price they agre=
e=20
on. In addition, Texas has established the Texas Renewables Portfolio=20
Standard. Until the end of 2001 is providing a federal tax credit for=20
companies that produce electricity from wind. The deregulation law in Texas=
=20
is considered the most supportive of renewable forms of energy when compare=
d=20
to the 24 states that have enacted legislation for electric competition. Th=
e=20
key challenge for harnessing wind power in the state is to get the=20
transmission grid to consistently and efficiently transport the power back=
=20
into the main system. =20

There is a high desire for wind power in Texas. According to Wood, once=20
green power programs were available in the state, people jumped on board so=
=20
fast that the pilot had to be put off a year so enough power supply could b=
e=20
purchased. Wood thinks the demand will certainly outstrip the 3-percent=20
mandate put into place by the state. Right now, constructing a wind power=
=20
plant in Texas is actually less expensive than building a more traditionall=
y=20
fueled power plant. An ambitious mandate of having 2,000 MW of renewable=20
resources by 2009 is fueling investors interest, sending millions of dollar=
s=20
to Texas for renewable projects, says Wood. =20

Will Wood take his lessons and leadership to Washington D.C.? There are two=
=20
open positions on the Federal Energy Regulatory Commission (FERC), which is=
=20
now chaired by Curt H,bert. For months, it has been rumored that Wood will =
be=20
appointed by President Bush to assume one of those positions. When asked=20
whether he had any potential interest in a role with FERC, Wood fielded the=
=20
question diplomatically. He'll "leave that decision to the president," he=
=20
said. =20

Right now, Wood is focused on bringing electric competition to Texas. As=20
noted, the state's pilot program for electric choice begins this June with=
=20
full competition starting in January 2002. With regard to population, Texas=
=20
represents the second largest energy market (behind California), offering a=
=20
market value of about $20 billion. Thus, many eyes within the energy indust=
ry=20
are anxiously watching to see how deregulation will unfold in the Lone Star=
=20
State.=20

In turn, Wood acknowledges that Texas officials have been watching Californ=
ia=20
closely for the last year, and remain confident that the power supply=20
problems faced there won't happen in Texas. This is largely because Texas h=
as=20
avoided making some of the critical mistakes made in California. One=20
important distinction between the two states is that Texas regulators have=
=20
allowed for power plants to be built in about half the construction time th=
at=20
has been common in other states such as California. Since 1995, 22 new plan=
ts=20
have started operations in Texas, generating 5,700 MW. By the time=20
competition begins fully in January 2002, 15 more plants and 10,000 MW are=
=20
scheduled to come online. As a result, Texas officials say that=01*unlike=
=20
California=01*their state has more than enough generating capacity to meet =
peak=20
demand and provide at least a 15-percent reserve for the next few years. Th=
e=20
vast majority of these new plants are fueled by natural gas, with wind powe=
r=20
being a supplement. =20

In addition, there are significant differences between the market structure=
s=20
in Texas and California. First, California's structure is based on an aucti=
on=20
pool, which the state modeled on the United Kingdom. Integral to California=
's=20
system is a Power Exchange, into which power suppliers submit power that th=
ey=20
want to sell on the competitive market. California's PX discouraged a healt=
hy=20
bilateral contract market from forming because generators could make more=
=20
money selling into the PX. Texas, on the other hand, has no Power Exchange=
=20
and in fact has encouraged bilateral contracts as the way in which electric=
=20
service contracts will take place. In Texas, customers are encouraged to=20
establish long-term bilateral contracts with suppliers to secure the best=
=20
rates, which introduces the opportunity to protect them from wholesale mark=
et=20
prices as customers in San Diego discovered this summer.=20

The market potential for Texas competition appears very strong, which perha=
ps=20
more than anything else is due to good planning on the part of Texas=20
legislators and regulators. However, there are still some lingering concern=
s=20
about competition in the Lone Star State. First, there is a shortage of=20
transmission lines in Texas, especially in the northern half of the state.=
=20
Although PUCT officials say that sufficient transmission lines will be put=
=20
into place before competition begins, without sufficient lines companies=20
could experience transmission congestion.=20

Another concern is that Texas may be relying too much on natural gas. Almos=
t=20
all of the new plants that have been built in Texas are powered by this fue=
l=20
source. As the price of natural gas has remained high, this could pose a=20
problem for the market in Texas. Hedging will be a key part of a successful=
=20
strategy for any provider in Texas, especially considering the rising=20
natural-gas prices. Still, the espoused advantages of competition (i.e.,=20
lower prices for end-users) could fall flat if so much emphasis is placed o=
n=20
natural gas as the primary power source in the state. Yet, ironically,=20
customers may still benefit because of the multitude of power plants within=
=20
the state. Abundant supply in Texas may keep the cost of power low for=20
end-users, but less profitable for suppliers. =20

Overall, though, Texas remains the bright shining hope for those who suppor=
t=20
energy deregulation in this country. The size of the state's energy market=
=20
will continue to attract new participants, at least on the front end of the=
=20
restructuring process. Whether they remain in Texas, and whether or not=20
competition in the state will truly bring benefits to end-users, remains to=
=20
be seen.=20

An archive list of previous IssueAlerts is available at
www.ConsultRCI.com


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