Ep 90—Replacing the Utility Transmission Syndicate’s Control, Ari Peskoe & Hannah Dobie
Nov 1, 2023
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Ari Peskoe, the Director of the Electricity Law Initiative at Harvard Law School, joins Staff Attorney Hannah Dobie to dive into his latest insights on power sector governance. They dissect how the Federal Energy Regulatory Commission (FERC) influences regional decision-making, often compromising the independence of Regional Transmission Organizations (RTOs). The discussion also touches on the urgent need for reform to boost transparency and representation in RTOs, unlocking the industry's innovative potential and addressing long-standing monopolistic control issues.
The dominance of investor-owned utilities compromises the independence of Regional Transmission Organizations, stifling competition and innovation in the electricity market.
Proposed reforms to RTO governance, such as enhancing transparency and diversifying representation, aim to better accommodate emerging technologies and new market entrants.
Deep dives
Understanding the Role of RTOs
Regional Transmission Organizations (RTOs) were established to facilitate competition in the electricity market by managing the transmission of power independently of utility companies. They emerged around 25 years ago when the Federal Energy Regulatory Commission (FERC) recognized that utilities’ monopolistic control over transmission hindered market development. Initially, RTOs aimed to provide equal service access to all market participants, fostering investment and competition. However, the necessity of voluntary participation by utilities has posed challenges, as their reluctance to join or leave RTOs can impact the effectiveness and independence of the governance structure.
The Compromise of RTO Independence
The independence of RTOs is often undermined by the influence of investor-owned utilities (IOUs) who hold significant power over governance processes and decision-making. FERC established independence as a key principle for RTOs, aimed at ensuring that decision-making is free from the financial interests of any market participant. However, the Atlantic City decision allowed utilities to retain filing rights and share governance, which compromised RTOs' independence, as decisions about market rules and transmission tariffs are often made with significant utility influence. This dynamic fosters a governance structure that promotes the interests of established players, potentially stifling innovation and fair competition.
Challenges in Governance and Stakeholder Participation
The governance structure of RTOs is often characterized by a stagnant representation of market sectors, which does not adequately accommodate emerging technologies or new entrants. This entrenchment creates barriers for new companies, such as battery developers, who struggle to voice their needs against established market participants. Additionally, the committee-based processes within RTOs tend to favor those entities with more resources and longer histories in the market, perpetuating a status quo bias. Such limitations restrict diverse input into decision-making, hindering the overall evolution and responsiveness of the electricity market ecosystem.
Recommendations for Reformed Governance
To enhance RTO governance and promote innovation, it is crucial to implement reforms that address current structural inequities. Proposed changes include fostering transparency, revisiting the allocation of filing rights, and diversifying sector representation to amplify underrepresented voices. FERC could leverage its regulatory authority to implement these modifications, ensuring that the governance frameworks of RTOs are adjusted to better reflect current market realities and align with the transition to cleaner energy sources. These reforms aim not only to disentangle RTOs from utility interests but also to invigorate market processes by engaging a broader range of participants.
Ari Peskoe, director of our Electricity Law Initiative, speaks with Staff Attorney Hannah Dobie about Ari’s new article about power sector governance, Replacing the Utility Transmission Syndicate’s Control. They discuss how FERC’s legal authority shapes regional governance, how independent decisionmaking by Regional Transmission Organizations is compromised by utilities and other incumbent firms, and why this is holding back the industry’s innovative potential.
Transcript available here https://eelp.law.harvard.edu/wp-content/uploads/CleanLaw-90-transcript-RTO.pdf
Ari's paper is here https://eelp.law.harvard.edu/2023/11/replacing-the-utility-transmission-syndicates-control/
Show notes with graphic mentioned at 23:15 https://eelp.law.harvard.edu/2023/11/cleanlaw-replacing-the-utility-transmission-syndicates-control-hannah-dobie-interviews-ari-peskoe-about-his-new-article-in-energy-law-journal/
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