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Jerrold Oppenheim
Theo MacGregor

57 Middle Street
Gloucester, Mass.
01930 USA
+1-978-283-0897


Other Works
By Greg Palast


Advocacy at State Regulatory Commissions: Very Basic Skills
National Community Action Foundation Conference St. Petersburg, Florida
October 26, 2006
E-Mail Article
Printer Friendly Version
A slide presentation of the basics that regulatory commissions need from consumer advocates in order to approve programs to assist low-income consumers and how advocates can meet those needs.


                                



                                                           


 


ADVOCACY AT STATE REGULATORY COMMISSIONS:


 


VERY BASIC SKILLS


 


 


 


 


Theo MacGregor


 


MacGregor Energy Consultancy


 


www.DemocracyAndRegulation.com


 


 


 


 


Presented at the


National Community Action Foundation


Conference


 


October 25, 2006


St. Petersburg, Florida


 




ADVOCACY BEFORE STATE REGULATORY COMMISSIONS


 


 


 


THE PROCESS


 


ESSENTIAL PRINCIPLES


 


HOW ADVOCATES CAN PARTICIPATE


 


WHAT YOU NEED TO PRESENT


AND WHEN


 


WHAT REGULATORS NEED FROM YOU


 


WHAT CAN YOU WIN?


 




THE PROCESS


 


1)    PUBLIC FILING BY UTILITY


·                   RATE CASE


·                   FUEL OR POWER COST ADJUSTMENT CASE


·                   MERGER/ACQUISITION


·                   INTEGRATED RESOURCE PLAN


·                   PERFORMANCE-BASED RATEMAKING


 


SOMETIMES PETITION FILED BY ADVOCATES


 


2)    PUBLIC NOTICE


 


3)    INTERVENTION


 


4)    PUBLIC HEARINGS IN SERVICE TERRITORY


 


5)    PROCEDURAL MEETING TO SET SCHEDULE


 


6)              DISCOVERY: 


·       FORMAL WRITTEN QUESTIONS TO UTILITY BY ALL


·       INDEPENDENT RESEARCH


·       NEGOTIATION


·       COALITION FORMING


·       FOLLOW-UP DISCOVERY


·       ANSWERS SUPPLIED TO PUC AND ALL PARTIES BY UTILITY


 


7)              FILINGS BY PARTIES (TESTIMONY, ALTERNATIVE PROPOSALS)


THE PROCESS cont.


 


8)                    DISCOVERY ON PARTIES’ FILINGS BY ALL


 


9)                    ANSWERS BY PARTIES TO PUC, UTILITY AND OTHERS


 


10)             PUBLIC HEARINGS FOR CROSS-EXAMINATION ON TESTIMONY AND DISCOVERY RESPONSES


 


11)             WRITTEN BRIEFS AND REPLY BRIEFS SUMMARIZING POSITIONS


 


12)             IN SOME STATES, DRAFT DECISION BASED ON RECORD; MORE BRIEFS OR COMMENTS ON DRAFT


 


13)             SOMETIMES, ORAL ARGUMENTS ON DRAFT DECISION


 


14)             COMMISSION DECISION, OR ORDER


 


15)             MOTIONS TO CLARIFY OR RECONSIDER


 


16)             FILING BY UTILITY TO COMPLY WITH ORDER


 


17)             APPEAL (IF ANY)




 


ESSENTIAL PRINCIPLES OF RATEMAKING


 


 


1)   DUE PROCESS:  RIGHTS OF TRANSPARENCY AND PARTICIPATION


 


2)   PRICES MUST BE “JUST AND REASONABLE”


 


3)   UTILITY INVESTMENTS MUST NOT BE ARBITRARILY CONFISCATED


 


4)   CONFLICTING INTERESTS MUST BE BALANCED


 


5)   PRICES MUST BE RELATED TO COSTS


 


 




HOW ADVOCATES CAN PARTICIPATE


 


 


BECOME INFORMED


·       ABOUT THE PROCESS


·       ABOUT THE COMMISSION


·       ABOUT THE ISSUES THAT AFFECT YOUR CONSTITUENCY


 


MEET AND DEVELOP RELATIONSHIPS WITH THE UTILITY PEOPLE WHO AFFECT YOUR CLIENTS


·       COMMUNITY RELATIONS


·       CREDIT AND COLLECTIONS


·       LIHEAP


·       WEATHERIZATION AND ENERGY EFFICIENCY


 


DEVELOP RELATIONSHIPS WITH PUC COMMISSIONERS AND STAFF


·       DIVISION DIRECTORS


·       CONSUMER STAFF


·       LEGAL STAFF/HEARING OFFICERS/ALJs


 


GET ON NOTIFICATION LIST – ASK TO BE NOTIFIED BY STAFF


 




HOW ADVOCATES CAN PARTICIPATE


 


FIND OUT IF THERE IS FUNDING AVAILABLE


      DEMOCRACY AND JUSTICE REQUIRE RESOURCES


 


BE READY TO INTERVENE ANYTIME A UTILITY PETITIONS FOR ANYTHING AND INTERVENE!  USE LEVERAGE


 


IF NOT FORMAL CASE, BE PREPARED TO PARTICIPATE IN TECHNICAL OR INFORMAL PROCEEDINGS


 


FORM COALITIONS WITH LIKELY (AND UNLIKELY) PARTNERS


 


ASK FOR FUNDING IF IT IS AVAILABLE


 


MARSHAL YOUR CLIENTS AS WITNESSES IN PUBLIC HEARINGS


 


CALL THE PRESS – GIVE INTERVIEWS


 


BE THERE!  ALL THE TIME – EVERY TIME


 




WHAT YOU NEED TO PRESENT


AND WHEN


 


 


PETITION TO INTERVENE AT OUTSET


·       DESCRIBE INTEREST IN CASE


·       SHOW THAT YOU REPRESENT UNIQUE GROUP


·       NOT OTHERWISE REPRESENTED BY CONSUMER ADVOCATE


·       OUTLINE POSITION YOU WILL TAKE IN CASE


 


ATTEND PUBLIC HEARINGS IN FORCE WITH CLIENT STORIES


 


PARTICIPATE IN PROCEDURAL CONFERENCE TO SET SCHEDULE


 


IF GRANTED STATUS, ISSUE DISCOVERY TO UTILITY


 


FORM COALITIONS – BEGIN NEGOTIATIONS


 


SUBMIT TESTIMONY AND EXHIBITS SUPPORTING YOUR POSITION


 


 


WHAT YOU NEED TO PRESENT


AND WHEN cont.


 


 


CROSS EXAMINE UTILITY WITNESSES


 


BE CROSS EXAMINED


 


SUBMIT BRIEFS AND REPLY BRIEFS


 


AWAIT COMMISSION ORDER


 


START AGAIN


 


 




WHAT REGULATORS NEED FROM YOU


 


 


YOUR EXPERTISE


 


RESEARCH FINDINGS


·       DATA ON LOW-INCOME UTILITY CUSTOMERS


·       INCOME LEVELS – HOW MANY POOR PEOPLE? HOW POOR?


·       LEVELS OF ARREARAGES


·       NUMBER OF DISCONNECTIONS


·       NUMBER NEEDING WEATHERIZATION, ENERGY EFFICIENCY


 


DEVELOP A RECORD BASED ON EVIDENCE


 


POLITICAL COVER FOR WHAT THEY WANT TO DO


 


SETTLEMENTS BETWEEN YOU AND THE UTILITY, YOU AND OTHERS


 


BECOME ESSENTIAL TO THE COMMISSION!


 


 




WHAT CAN YOU WIN?


 


AFFORDABILITY PROGRAMS


·       DISCOUNTS


·       PIPPs


·       ARREARAGE MANAGEMENT WITH BUDGET COUNSELING


 


CONSUMER PROTECTIONS


·       WINTER OR SUMMER MORATORIA


·       LOW OR NO DEPOSITS, LATE FEES, OR RECONECT FEES


·       INSTALLMENT BILLING REQUIREMENTS


 


EFFICIENCY AND WEATHERIZATION PROGRAMS


 


ENERGY USE EDUCATION PROGRAMS


 


 


BE PATIENT.  BUT BE PERSISTENT!




ABOUT THE SPEAKER


 


Theo MacGregor has over 20 years' experience in energy issues, with particular emphasis on low-income issues and energy efficiency.  She served more than ten years with the Electric Power Division of the Massachusetts Department of Telecommunications and Energy (DTE), the state's utility regulator.  She is currently the sole proprietor of MacGregor Energy Consultancy, specializing in electric industry issues in general, low-income, consumer protection, and energy efficiency issues in particular, for government agencies, low-income advocates, attorneys general, utility companies, consumer advocates, and others.


 


She is co-author with Jerrold Oppenheim of “The Economics of Poverty: How Investments to Eliminate Poverty Benefit All Americans” and, also with Jerrold Oppenheim together with Greg Palast, of Democracy and Regulation, published in February 2003 by Pluto Press, London, and winner of the Upton Sinclair "Freedom of Expression" award.


 


More information is available on her website, www.DemocracyAndRegulation.com.