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Electric Power Industry Deregulation




        As well as providing for these consumer protections, the law also entices economic growth within the state by lowering the cost of doing business through lower electric rates. This lower cost of doing business due to lower electric rates will encourage new employers, both large and small, to move into Massachusetts, as well as encouraging existing businesses to stay. In fact, in the short period of time the law has been in effect, it has spurred the forecasts of new job growth, and in the years ahead, is expected to create thousands of new jobs throughout Massachusetts. However, even though the law seems to have many more benefits than it does negatives, it has come under recent criticism. Many opponents of the law feel it is not doing its designed purpose, and consumer backlash was so great that Issue 4 asking whether or not the law should be repealed. An organization called The Campaign for Fair Electric Rates, backed by failed congressional candidate John O'Connor and consumer advocate Ralph Nader, led the effort to repeal the law, calling it the biggest consumer rip-off in Massachusetts history. The big issue involved in the attempted repeal was lawmaker reneging on their promise to protect consumers by allowing utilities to recover 100% of their bad investments.
Because deregulation will cause some utilities to lose money on investments in power plants or on contracts they made when they expected to keep selling power at a regulated price, the question becomes do they deserve compensation for these stranded costs, which may approach $200 billion nationally? For instance, utilities spent more than $5 billion building the Seabrook nuclear plant in New Hampshire, which produces 1,150 megawatts. In contrast, private developers have proposed more than 50 new plants, which combined would produce 30,000 megawatts, and the cost of these projects is estimated at slightly more than $15 billion. The utilities argue that public regulators approved those expenses and that the state can not back out on them now, stating that many plants have already begun to implement the new law, including selling most of their power plants. Repealing the law now, they argue, would create utter chaos. Therefore, a provision was written into the law allowing for utilities to recover all of their stranded costs over a 10-year transition period.

        While proponents of the law were hoping for a 30% rate reduction, of which two-thirds would have come from consumers not having to pay for most of the utilities stranded investments, they will now have to settle for a guaranteed 15% rate cut, hopefully with more to come through competition. The question now on everyone's mind is: has the law served its purpose and reduced electric rates? In a study done by Standard and Poor's DRI entitled Economic and Environmental Analysis of the New Massachusetts Electricity Law, and released on September 2, 1998, it found that the new has triggered substantial economic and environmental benefits. According to the study, electric rates will decline by almost 28% by the year 2010 as a direct result of retail competition and industry restructuring. The DRI, a conservative report when compared to others, predicts that consumers will save $470 million in 1998 alone, and increases that estimate to at least $550 million per year in future years as a result of the new law.
Also, the study predicts the Commonwealth to achieve higher economic output and employment growth triggered by the estimated $10 billion consumers and businesses will save on electricity costs. By 2010, there will be over 60,000 more jobs, a $19.6 billion gain in consumers' cumulative real discretionary income, and lower price inflation. All of this forecasting appears to put the law in a favorable light, but many want to know how it's working now. According to the Massachusetts Electric Company, its 970,000 customers have saved a total of $67 million on their electricity bills in the first six months of the new electricity law. On September 1, savings for the company's customers increased to more than 15%, or a total savings of $25 million per month, one full year ahead of the required rate cut. This was due to the company's affiliates selling their power plants. Therefore, by examining the early results of the new law, along with projections such as the ones provided by Standard and Poor, one can determine that the deregulation of the electric industry has been long overdue.

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