SeTrans' death
recognizes
grid reality
FERC
would never agree to the governance that the large grid owners in the South's
nascent regional grid manager would require.
Craig Goodman, NEMA president was disappointed
and called the end of Setrans a setback to competitive market development.
The RTO had been expected to run the grid in
eight states from South Carolina to Louisiana.
Where the South is headed -- continuing today's
paradigm for the foreseeable future -- it may not have much use for an RTO.
Without uniform, consistent transmission rules,
the investment community will not commit capital to improve the grid, said
Goodman.
Without uniformity and federal rulemaking, each
state has gone off in a disjointed, piecemeal, sometimes even contradictory
way, he added.
Goodman forecast that the problem of making a
market that works will persist until leadership is found at the top starting
with Congress.
Lack of federal action persists even though
courts have established that FERC has the power it needs, Goodman noted
Jack Hawks, EPSA vice president, shares
Goodman's disappointment over SeTrans especially since the sponsors had
gathered the critical mass of IOUs and public-power utilities.
Developers have spent a lot of money in the
Southeast on the assumption that a competitive wholesale spot market would
develop, Hawks said.
Some plans to build have been cut back because
of the impasse and the demise of SeTrans will worsen that situation, he said.
Competitive generators will have to rely on
competitive bids by utilities to find a market for merchant generation, Hawks
added.
Hawks challenged state regulator assertions that
voice worries about the role of an RTO interfering with regulator jurisdiction
over native-load protection.
Hawks finds every objective study -- even the
most conservative -- has found consumer benefits in developing competition.
Competition opponents argue that the region has
cheap power but that FERC's rules would saddle ratepayers with the cost of new
grids to benefit users in other states.
Powerful southern Republican senators, Richard
Shelby of Alabama and Trent Lott of Mississippi, inserted a provision in the
stalled energy bill that would have delayed the FERC grid plan until 2007.
Without naming names, said David Cruthirds, an
independent Southeast regulatory attorney and consultant, some SeTrans
sponsors had urged on the senators to block FERC action in the energy bill.
SeTrans sponsors include the Southern Co,
Entergy, Cleco Power, Dalton (Ga) Utilities, Georgia Transmission, JEA
(formerly Jacksonville Electric Authority), Municipal Electric Authority of
Georgia, Sam Rayburn G&T Electric Co-op and the City of Tallahassee.
Utilities are not likely to give up control
willingly of their transmission assets where they can avoid it despite what
they may say publicly, he said.
Cruthirds, formerly of Dynegy, sees SeTrans
similar to the energy bill.
As it moved along it picked up lots of baggage
so that while support grew, fewer liked the current product.
Stakeholders serving on the advisory board were
concerned that the RTO was not as independent as needed.
"Remarks from SeTrans stakeholders revealed
tremendous frustration with the failure of SeTrans' primary sponsors to
incorporate reasonable suggestions on SeTrans' formation, structure and
governance.
"SeTrans likely would have been an
improvement over the current situation," said Cruthirds, but it's
unlikely SeTrans would have become the scene of "a robust wholesale
market where all generators are created equal."
State regulators' opposition to FERC efforts to
promote wholesale markets in the Southeast Cruthirds traces directly to large
integrated utilities in the region "that have undermined the move toward
competition [while] publicly proclaiming support for competition, pouring
millions of dollars and concentrated efforts behind the scenes into lobbying
efforts designed to protect and enhance their monopoly control of wholesale
and retail powers in the region," he charged.
Utilities have whispered and shouted California
and Enron until southern regulators "are scared to death by FERC's
efforts to aid consumers by removing the unhealthy influence of the utilities
over regional power markets, he added.
Or at least they pretend to be frightened.
While SeTrans seems dead, the move to end
discrimination in grid service "will continue unabated," he vowed.
Even though SeTrans was not perfect, getting any
RTO approved would have been viewed as progress.
The industry now finds itself exactly where
market advocates and opponents agree is the worst place -- half regulated and
half unregulated and immobilized by regulatory uncertainty, Cruthirds said.
(Story originally published in Restructuring
Today 12/4/03)