jason marks, esq. new mexico public regulation commission february 7, 2008 cost recovery for...

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Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

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Page 1: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Jason Marks, Esq. New Mexico Public Regulation Commission

February 7, 2008

Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Page 2: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Outline

• Renewable Energy Opportunities– Technology– Economics

• Policy

• Cost Recovery for RE

• Cost Recovery for DSM

Page 3: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Wind Energy – Prime Mover in R.E.

• Approx 15,000 MW installed capacity (2007)• 2,500+ MW added/year 2005-2007• Utility ownership has begun

• Cost $23 - $60/mwh after PTC• PTC = $18/mwh• Prices increasing due to materials, demand, Exchange Rate

Page 4: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Wind with Gas Backup: Good for Utilities, Good for Ratepayers

Model of Revenue StreamsGas CC Alone vs. Wind w/ Gas Bkup

$0

$20,000,000

$40,000,000

$60,000,000

$80,000,000

$100,000,000

$120,000,000

Gas Only Wind/Gas Gas Only Wind/Gas

To

tal C

os

t to

Ra

tes

Depreciation

ROE (Profit)

Interest

Fuel Cost

200 MW Gas CC, 70% Cap, $7 gas + 4%/yr

200 MW Wind, 32% Cap. + Gas Backup

2010 (year 1) 2015 (year 5)

Page 5: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Wind with Gas Backup – Capacity + Reduced exposure to Gas Pricing Pressure

$0

$20

$40

$60

$80

$100

$120

$140

$160

$180Y

ear

2011

2013

2015

2017

2019

2021

2023

2025

2027

2029

2031

2033

2035

2037

Co

st p

er M

wH

GasWind+Gas

Page 6: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Wind Typically Distant from Load

Page 7: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

High PlainsExpress

ARIZONA

EnergyResource

Zones

Tucson

Phoenix

HolcombNEW MEXICO

COLORADO

WYOMING

DaveJohnston

LRS

Albuquerque

Limon

ComancheLamar

Pawnee/Story

Socorro

Gladstone

Midway

SunZia

HIGH PLAINS EXPRESS

7

Page 8: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Solar Technologies

Concentrated Solar Power (CSP)

• 10-15¢/kwh for 100MW+ projects• Thermal Storage/Backup Possible• Kramer Junction (1980s) 350 MW,

Nevada Solar One (2007) 64 MW, Spain

Photovoltaic (PV) Panels: • 1 – 3 kw home systems common (~$18,000 installed home system = 25¢/kwh)

• Commercial (10 – 100 kw)

• Major projects (4 – 8 MW)

Page 9: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

CSP Revenue Stream w/ Utility Ownership

Model of Revenue StreamsGas CC vs. CSP

$0

$10,000,000

$20,000,000

$30,000,000

$40,000,000

$50,000,000

$60,000,000

$70,000,000

$80,000,000

Gas Solar Gas Solar

Depreciation

ROE (Profit)

Interest

Fuel Cost

180 MW Gas CC, 55% Cap, $7 gas + 4%/yr

165 MW CSP, 35% Cap.

2010 (year 1) 2015 (year 5)

Total Cost to Rates

Page 10: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

State Renewable Portfolio Standards

State Goal

☼ PA: 18%¹ by 2020

☼ NJ: 22.5% by 2021

CT: 23% by 2020

MA: 4% by 2009 + 1% annual increase

WI: requirement varies by utility; 10% by 2015 goal

IA: 105 MW

MN: 25% by 2025(Xcel: 30% by 2020)

TX: 5,880 MW by 2015

☼ AZ: 15% by 2025

CA: 20% by 2010

☼ *NV: 20% by 2015

ME: 30% by 200010% by 2017 - new RE

State RPSHI: 20% by 2020

RI: 16% by 2020

☼ CO: 20% by 2020 (IOUs)

*10% by 2020 (co-ops & large munis)

☼ DC: 11% by 2022

☼ NY: 24% by 2013

MT: 15% by 2015

IL: 25% by 2025

VT: RE meets load growth by 2012

Solar water heating eligible

*WA: 15% by 2020

☼ MD: 9.5% in 2022

☼ NH: 23.8% in 2025

OR: 25% by 2025 (large utilities)5% - 10% by 2025 (smaller utilities)

*VA: 12% by 2022

MO: 11% by 2020

☼ *DE: 20% by 2019

☼ NM: 20% by 2020 (IOUs) 10% by 2020 (co-ops)

☼ NC: 12.5% by 2021 (IOUs)10% by 2018 (co-ops & munis)

ND: 10% by 2015

Source: dsireusa.org/Sept 2007

Page 11: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

New Mexico Renewable Energy Act: NMSA § 62-16-1

• R.E.: solar, wind, biomass, geothermal• Scope: IOUs • RPS 5% of retail sales in 2006

10% of retail sales in 2011• Large Customer Limits,

Commission Sets RCT• Annual Procurement Plans

• Diversity

2004 Legislature, Replaced RPS by Rule2004 Legislature, Replaced RPS by Rule

SB 418 (2007) RPS Amendments:15% by 2015, 20% by 2020, Co-ops 5% by 2015

SB 418 (2007) RPS Amendments:15% by 2015, 20% by 2020, Co-ops 5% by 2015

Page 12: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Utilities Respond to N.M. Renewable Portfolio Standard

0

50

100

150

200

250

300

350

400

450

2002 2003 2004 2005 2006 2007

Ins

talle

d G

en

era

tio

n (

MW

)

Solar

Wind

Page 13: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

2007 RPS Diversity Rules

• R.E. Act requires portfolio diversity; new admin rule at NMAC 17.9.572.7 & 572.14 provides specific guidance

• Technology weighting (ineffective) eliminated• Portfolio Diversity Targets for 2011

– At least 20% from Solar, 20% from Wind, 20% from Biomass/Geothermal

– 1.5 % from Distributed Generation, increasing to 3% in 2015

Page 14: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Utility Cost Recovery for Renewable Energy Projects

• Generally, per statute– E.g., New Mexico Renewable Energy Act § 62-16-6

NMSA

– In re Application of Detroit Edison Company, 740 N.W.2d 685, 696 (Mich. App. 2007) (Comm’n exceed statutory authority in allowing utility to impose renewable energy fee on all customers, when legislature only authorized voluntary programs)

– N.R.S. 704.7821.7(B) provides for recovery indirect costs of imputed debt due to R.E. PPAs.

Page 15: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Issues for Cost Recovery for R.E. in New Mexico

• Reasonable costs shall be recovered “through the rate making process”Rate case

• Requires valuation of Renewable Energy Attribute (REC) – unrecovered historical costs treated as regulatory asset

? Fuel Clause for RE acquired via PPA

x Fuel clause for stand-alone RECs

Page 16: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

NMIEC v. NMPRC, 142 N.M. 533, 168 P.3d 105, 2007 -NMSC- 053

• El Paso Electric met RPS with REC purchase (no energy) from PNM

– Sought to recover costs through fuel and purchased power adjustment clause (rider)

– Least costly for customers b/c no carrying costs

• NMSC: “ratemaking process” includes both rate cases and automatic adjustment clauses, depending on type of cost– But FPPAC statute only allows for recovery of fuel or actual

purchased power costs, and Comm’n erred in determining RECs to be “closely related to purchased power.”

Page 17: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Cost Recovery for DSM

• Program costs shall be recovered through tariff riders – NM Efficiency Use of Energy Act § 62-17-6 NMSA– Costs guaranteed to be recovered timely, but no

opportunity for return– Decreased throughput threatens recovery of

fixed costs– Aggressive EE programs pose challenge of rate

rider “sticker shock” and pushback

Page 18: Jason Marks, Esq. New Mexico Public Regulation Commission February 7, 2008 Cost Recovery for Renewable Energy & DSM: A New Mexico Regulatory Perspective

Cost recovery for DSM

• Removing barriers to utility “investment” in DSM

• 2007: NMPRC Rejects PNM gas decoupling proposal as too broad

• 2008: EUE Act Amendments