Electricity Deregulation Sparks Debate in Massachusetts

By Erik Arvidson, The Sun, Lowell, Mass. -- Mar. 8

Six years after Massachusetts dissolved the electricity monopolies and opened it to the free market, few residential consumers have any choice about where they buy their power.

Lawmakers hoped deregulating the utility industry would boost competition for residential customers. But less than 60,000 people in Massachusetts have more than one option when it comes to buying electricity.

State Rep. Daniel E. Bosley, D-North Adams, the House chairman of the Government Regulations Committee, hopes to change that this spring when he files a bill to replace the controversial 1997 Electricity Deregulation Act.

Currently, nearly all residential power customers pay the "standard offer price" for their electricity, a rate set by the state to save customers from market fluctuations.

But that standard offer price is set to expire in March 2005, and customers who don't have choices could end up paying sharply higher prices for power.

"I've been pushing back the deadline (for a new bill to be filed) so that we can figure out where we are," Bosley said. "We're trying to do something to jump-start competition for the 2.1 million residential customers." Many of the changes Bosley is contemplating may be resisted by some of the big power companies, such as NStar, Massachusetts Electric, and Western Massachusetts Electric.

Bosley, who described his plan as a "radical change," wants to group together blocks of electricity customers and auction them off to companies with the lowest bid.

"It's caused quite a commotion, but we've gotten a lot of the electricity customers back to the table," said Bosley, who has been working on the bill for about two years.

Under the current system, Bosley said power suppliers have no incentive to compete for individual customers. Not only has the standard offer price been well below the free market, but suppliers say it's too costly to sign up widely scattered individual customers. If competitive companies could bid on a chunk of perhaps hundreds of thousands of residential customers, it would be worth it to them, Bosley said.

But some consumer advocates worry about a system where customers are auctioned off to suppliers. They say companies would sift out "high-risk" customers, who could be lumped into one group and forced to pay higher rates for their electricity.

"We need to take a closer look at that. There is a lot of debate to be had," said Frank Gorke, an advocate for the Massachusetts Public Interest Research Group.

Gorke said the most critical component of Bosley's bill should be consumer protections, especially for low-income users.

"The large, industrial users have a staff of people who can watchdog the budget and figure out the best energy deals. Residential customers don't," he said.

"Competition in the electricity industry was adopted to deliver benefits to consumers, in particular lower rates, better customer service, and greater efficiency through markets. If it doesn't deliver on those promises, competition for competition's sake should not supplant the original goals."

Neal B. Costello, an attorney who represents competitive energy retailers interested in the Massachusetts market, said one of the benefits of the 1997 legislation was it prodded electricity companies to better maintain their transmission lines.

"The utilities have not invested in their transmission system over the past 20 or 30 years, and that's just not acceptable," Costello said.

"Utilities have been encouraged to get out of the commodity business and focus on the wires." Essentially, the deregulation law required utilities to sell their generating plants and focus on the distribution of power as their primary business. Costello believes the original deregulation law was a "tremendous success."

He said Massachusetts would not have its new, cleaner, gas-fired power plants -- which have enhanced the state's power supply -- without deregulation. In addition, more than 40 percent of the state's industrial and commercial customers -- and even many municipalities -- have been able to cut deals with a competitive supplier.

Costello said companies such as NStar (the former Boston Edison and Commonwealth Electric) are unlikely to welcome changes to promote competition.

"If you are an incumbent utility, it's like going through life without any competition. It's like being tenured," he said. "They are of the old time utility mindset."

Reprinted with thanks from:

www.energycentral.com/centers/news/daily/article.cfm?aid=4697127