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    ELECTRIC CONSUMER

    AGGREGATION OPTIONS:

    An Introductory Guide for Non-Profits, Local

    Governments, and Community Leaders

    Caroline Sahley

    May 2001

    IN COLUMBUS: IN CLEVELAND:

    7870 Olentangy River Road 2012 West 25th Street

    Suite 209 Suite 917

    Columbus, Ohio 43235 Cleveland, Ohio 44113

    Voice: 614-985-6131 Voice: 216-861-4491

    Fax: 614-888-9716 Fax: 216-861-4492

    Toll-free: 1-866-GREENOH

    [email protected]

    www.GreenEnergyOhio.org

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    Acknowledgements

    Green Energy Ohio would like to recognize the Benjamin S.

    Gerson Family Foundation and the Gerson-Margolis Foundation

    for making this report possible through their generous support.

    GEO would also like to thank David Rinebolt of the Ohio

    Partners for Affordable Energy and Jason Gifford of Green

    Mountain Energy Company for reviewing earlier drafts of this

    publication. Green Energy Ohio is solely responsible for its

    contents.

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    Electric Consumer Aggregation Options:

    An Introductory Guide for Non-Profits, Local Governments

    and Community Leaders

    1 CONSUMER CHOICE AND ELECTRICITY . . . . . . . . . 6

    1.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . 6

    1.2 Aggregation and the Small Consumer . . . . . . . . 9

    1.3 Ohios Aggregation Provisions and Definitions . . 12

    1.4 Study Objectives . . . . . . . . . . . . . . . . . . . 13

    2 AGGREGATION MODELS AND STRATEGIES . . . . . . . . 14

    2.1 Types of Aggregation Pools . . . . . . . . . . . . . 14

    a) Governmental Aggregation (15)

    b) Affinity Aggregation (16)

    c) Internet-based Aggregators (17)

    d) State/Public Entities as Aggregators (17)

    e) Institutional and Governmental Aggregation(18)

    f) Green Power Aggregation (18)

    2.2 Key Issues in Forming an Aggregation Pool

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

    a) Forming a Buying Pool (22)

    b) Assessing the Load Profile (22)

    c) Issuing a Request for Proposals (24)

    d) Negotiating the Terms of a Contract (24)

    2.3 Aggregation and Residential Customers . . . . . 25

    3 GOVERNMENTAL AGGREGATION: COMMUNITY CHOICE

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

    3.1 Benefits of Community Choice . . . . . . . . . . 26

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    3.2 A Slow Start to Community Choice: The Cape Light

    Compact: . . . . . . . . . . . . . . . . . . . . . . . . . 29

    3.3 The Northeast Ohio Public Energy Council

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

    3.4 Conclusions: Local Governments as Aggregators

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

    4 AFFINITY AGGREGATION . . . . . . . . . . . . . . . . . 37

    4.1 Introduction: Aggregation by Non-Profits . 37

    4.2 PowerOptions: The Massachusetts Non-Profit

    Energy Purchasers Consortium . . . . . . . . . . 38

    4.3 Trade Associations . . . . . . . . . . . . . . . . . . 41

    4.4 Residential Aggregation . . . . . . . . . . . . . . 43

    4.5 Conclusions . . . . . . . . . . . . . . . . . . . . . . 44

    5 CONSUMER AGGREGATION: A MODEL FOR LOW-INCOMEPOPULATIONS? . . . . . . . . . . . . . . . . . . . . . . 46

    5.1 Introduction . . . . . . . . . . . . . . . . . . . . . 46

    5.2 Serving Low-income Groups . . . . . . . . . . . . 47

    5.3 Consumer Cooperatives: Reaching Out to

    Low-Income Households . . . . . . . . . . . . . . . . . 50

    a. Boston Oil Consumers Alliance (51)

    b. Connecticut Energy Co-op (51)c. New Hampshire Consumer Utility Cooperative

    (52)

    5.4 Community Action Agencies . . . . . . . . . . . . 53

    5.5 Aggregation by the Public Sector: Ohios Energy

    Assistance Program . . . . . . . . . . . . . . . . . 57

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    5.6 Conclusions . . . . . . . . . . . . . . . . . . . . . . 57

    6 AGGREGATION AND GREEN POWER . . . . . . . . . . . . 60

    6.1 Aggregation: The Key to Developing a Market forGreen Power? . . . . . . . . . . . . . . . . . . . . . 60

    6.2 Green Power Aggregation: The Role of Co-ops . 61

    6.3 Governmental Aggregation and Green Power

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

    6.4 Affinity Aggregation: The Role of Environmental and

    Faith-based Groups in Aggregating Green Power 64

    6.5 Concluding Remarks . . . . . . . . . . . . . . . . . 66

    7 SUMMARY CONCLUSIONS . . . . . . . . . . . . . . . . . . . 68

    8 APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . 72

    APPENDIX A: Ohio communities that voted on

    governmental aggregation, November 2000 . . . . . 72

    APPENDIX B: Communities included in the Northeast

    Ohio Public Energy Council (NOPEC) . . . . . . . . . . 74

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    1

    CONSUMER CHOICE AND ELECTRICITY

    1.1 Introduction

    Introducing competition into the retail electricity market will

    lead to lower prices and better service. Large, bureaucratic utilities

    will become more competitive, not only in their pricing, but in their

    customer services. Utilities will spin off retail companies that are

    more attuned to the needs of their customer base, developing an

    identifiable, brand name through an expanded range of services,

    lower prices, or environmentally friendly generation. A new

    generation of power marketers will emerge to meet consumer

    demand, increasing market efficiencies. In the long run, competition

    will ultimately drive down prices, benefitting both residential and

    business consumers.

    These are the assumptions driving the current trend toward

    electricity deregulation across the nation - assumptions that are now

    being sorely tested. The notion that competition will naturally result in

    lower prices and better service is being challenged, and growing

    evidence suggests that deregulation is not a panacea to remedy the

    electric industrys ills.

    The pioneering case of California, once upheld as a model to

    follow, is now touted as an example of how deregulation can go

    wrong. In the summer of 2000, electricity rates skyrocketed more

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    The 2001 power shortage in California is due in part to growing demand for

    electricity coupled with the slow growth of in-state generation. Transmission

    constraints make importing power difficult and low hydro levels in the Pacific

    Northwest contributed to power shortages. More significantly, long-term, fixed price

    wholesale contracts are not permitted, requiring suppliers to buy electricity on the

    Power Exchange. This makes them vulnerable to price fluctuations and spot pricing.

    2

    California Public Utilities Commission data, December 1999, cited in Nancy Rader and

    Scott Hempling, Promoting Competitive Electricity Markets Through Community

    Purchasing: The Role of Municipal Aggregation, American Public Power Association,

    January 2000.

    3

    As of January 2001, 568,492 consumers are being served by an alternative supplier.

    Pennsylvania Electric Shopping Statistics, PA Office of the Consumer Advocate,

    January 2001.

    7

    than 100% in San Diego, leaving consumers reeling. A severe power

    crunch in early 2001 brought rolling blackouts to California consumers

    1

    .Californias electricity market, moreover, ended up not being very

    competitive, with only 2% of residential consumers switching suppliers

    in the first twenty months of competition2. Most of those who

    switched did so out of a desire to purchase green power, not because

    they were lured by many competing offers of cheaper power. Even in

    Pennsylvania, where the market is more competitive, only 500,000

    consumers statewide have changed suppliers3.

    The case of California may offer many useful lessons for

    policymakers and regulators in other states as they set deregulation

    policies. Many of the problems faced in California could have been

    prevented, and with more deft policymaking can be avoided in other

    states. However, the main question that the case of California raises

    still remains unanswered: Is deregulation necessarily good for

    consumers? How will residential consumers fare? Will it deliver on its

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    In a regulated, monopoly market, utilities planned to recover stranded costs with a

    fixed number of customers over a long period of time. Stranded cost recovery

    accelerates the collection of these costs. However, the key question this raises is

    whether this cost should be born by ratepayers - or shareholders.

    5

    Robert Wallace, Power Play, The American Prospect, no 42, January-February,

    1999.

    8

    promise of lower cost power or will it provide limited savings and

    weakened consumer protection?

    Critics of deregulation contend that residential consumers gain

    few if any benefits from competition. While large commercial and

    industrial customers are attractive to retail electricity suppliers and

    can use their purchasing power to negotiate lower rates, residential

    consumers may find that their bargaining power is limited. Fewer

    retailers are interested in competing for their business, and consumers

    are quickly finding that policymakers have tended to overestimatepotential savings to residential customers. Consumers are being left

    with empty promises and nearly imperceptible savings.

    The ability of small consumers to benefit from deregulation

    was also dealt a hard blow by the large scale award of stranded costs

    to utilities. Stranded costs -) multi-billion dollar debts largely incurred

    through investments and cost overruns on nuclear power plants -) are

    theoretically unrecoverable in a competitive market4. Regulators

    across the country are awarding utilities billions in stranded costs, to

    be paid by consumers, regardless of their choice of electric supplier.

    Stranded costs are estimated at nearly $30 billion in California, and

    $12 billion in Massachusetts.5 In Ohio, the stranded cost award to First

    Energy alone is $8.8 billion.

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    In this uncertain context, consumer advocates have beenpromoting a wide range of policies designed to help residential

    consumers. Rate freezes, mandated rate cuts, renewable portfolio

    standards, low-income programs, and systems benefit charges are

    merely a few of the policy tools that legislators have at their disposal

    to protect consumers. Increasingly, legislators are looking closely at a

    combination of these policies to extend the benefits of deregulation to

    small scale consumers. These palliative measures offer some degree of

    consumer protection.

    One policy that has generated intense interest among consumer

    advocates is aggregation. Aggregating the demand of large numbers

    of consumers for bulk purchasing is not a new idea. Energy purchasing

    cooperatives have bought gas and oil in bulk with proven benefits to

    consumers, while business associations have a long history of procuring

    goods and services for their members. Extending that model to

    electricity is one way that consumers might be able to improve their

    savings potential.

    1.2 Aggregation and the Small Consumer

    Whether electricity deregulation will ultimately be good forconsumers is still open to debate. Our national experiment in

    deregulation is just beginning, and retail electricity markets in

    deregulated states are still far from mature. It is difficult to predict at

    this early stage whether in the near future electricity suppliers will

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    Dave Rinebolt, Will Residential Customers Benefit from Restructuring, Deregulation

    and Retail Competition?, Midwest Energy Research Center, 1999.

    10

    develop a range of services in response to consumer needs, and

    whether competition will stimulate new suppliers to enter markets,providing for meaningful consumer choice in terms of products. At

    minimum, consumers are released from the monopoly power of the

    incumbent utility. The ability to switch away from an unsatisfactory

    supplier is not an insignificant benefit for both large and small

    consumers.

    On balance, there is cause for concern. Competition creates

    some dangers, particularly for residential consumers. The impact ofderegulation will vary among different consumer classes. Large

    industrial consumers may be first in line to buy the cheaper power,

    leaving residential consumers to fend for themselves in an open

    market.

    Part of the problem is that the market for residential

    consumers is not often very competitive. The lack of a dynamic

    market for residential consumers is due to a variety of converging

    factors. Residential consumers are not seeing significant savings, and

    are not switching suppliers in large numbers. Consumer inertia further

    exacerbates this problem, as few consumers are willing to invest the

    time in sorting through a variety of offers and compare suppliers,

    especially given the relatively small savings possible. The Midwest

    Energy Research Center suggests that 10% savings are needed to

    induce significant switching.6 Actual savings are often lower.

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    Jack Lyne, Power Deregulation: A Bumpy Road Begins the Free-Market Ride, Site

    Selection, August/September 1998.

    8

    Barry Ingber, An Oil Co-ops Experience Marketing Green Electricity, paper

    presented at EPRI Green Power Conference, 1999.

    11

    Conversely, from the suppliers point of view, the residential

    consumer market may not be very attractive. The cost of marketingfor individual consumers is high, making residential consumers an

    unattractive market segment. Some suppliers, including Enron in

    California, found the residential market to be unprofitable as a result

    of the high per-transaction costs. The CEO of Enron, Ken Lay, has

    warned suppliers to expect losses on every small customer served.7

    Aggregation, therefore, does not simply depend on volume

    purchases to get the generation price of power down. By developinglarge purchasing pools, it improves market efficiencies by lowering the

    administrative and marketing costs to retail electric suppliers of

    reaching the residential market. In fact, some have gone so far as to

    argue that suppliers perceive aggregators not as buyers but as

    marketing subcontractors.8

    The potential benefits of aggregation as a public policy tool,

    therefore, extend beyond bringing savings to residential and small

    business consumers. It can in fact stimulate the residential market, by

    making it more attractive to retail electric suppliers.

    1.3 Ohios Aggregation Provisions and Definitions

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    Ohios electric restructuring legislation was passed in 1999.

    Three types of aggregation are allowed under this legislation. First,the Ohio law permits governments, including municipalities, townships

    and counties to act as aggregators. Secondly, voluntary aggregation

    or aggregation by private entities is permitted. Third, the statute

    specifies that low-income customers enrolled in benefits programs can

    be bid out as an aggregated pool by the Ohio Department of

    Development.

    Both governmental and non-governmental aggregators arerequired to be certified by the Public Utilities Commission of Ohio

    (PUCO). The PUCO sets out the following definitions:

    Aggregation: Combining the electric load of multiple retail

    customers through an agreement with the customers or

    formation of a governmental aggregation pursuant to Section

    4928.20 of the Revised Code for the purpose of purchasing

    retail electric generation service on an aggregated basis.

    Aggregator: a person who contracts with customers to combine

    the customers electric load for the purpose of purchasing retail

    electric generation service on an aggregated basis. The term

    does not include a governmental aggregator.

    Governmental Aggregator: The legislative authority of a

    municipal corporation, the board of township trustees of a

    township, or a board of county commissioners of a county, that

    aggregates the citizens of a municipal corporation, township,

    or unincorporated areas of a county in accordance with Section

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    1 Consumer Choice and Elect r ici t y

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    Competitive Retail Electric Service Provider Certification Applications and Filing

    Instructions, Public Utility Commission of Ohio, 2000.

    13

    4928.20 of the Revised Code for the purpose of purchasing

    retail electric generation service on an aggregated basis.

    9

    1.4 Study Objectives

    This study aims to outline the options and models of

    aggregation available in Ohio to aggregate consumer demand for

    electricity purchases. It provides a preliminary assessment of some of

    the benefits and potential obstacles to different aggregation models.

    Where available, representative case studies have been used to

    illustrate these strategies.

    A particular focus of this study is identifying prospects and

    options for aggregating low-income groups, a particularly challenging

    target group to aggregate. In addition, this report highlightsstrategies for green power purchases.

    It is important to note that aggregation of residential

    consumers is a new and largely untested tool in the electricity

    market. It is still too soon for conclusive answers to the key question

    of whether this is an effective strategy for residential consumers. This

    study aims to highlight the potential obstacles to, and benefits of,

    aggregation as suggested by these early experiences.

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    2

    AGGREGATION MODELS AND STRATEGIES

    2.1 Types of Aggregation Pools

    Aggregating consumer loads into larger purchasing pools can be

    achieved in a variety of ways, differing in terms of type of entity

    managing the aggregation as well as in member composition. The

    organization acting as aggregator can span the range of non-profits,

    municipalities, for-profit energy brokers, and state entities. The case

    studies that follow highlight a wide range of organizations that have

    initiated aggregation processes, including business associations,

    consumer cooperatives, and non-profit organizations. These

    organizations exist for the purpose of benefit of their members, and

    may wish to provide electricity purchasing as an additional benefit to

    their members.

    The membership composition of aggregation pools, similarly,

    can differ widely. Members of purchasing pools can be selected on the

    basis of geography, customer market segment, or affinity grouping.

    Common target groups include commercial and industrial customers,

    residential consumers, low-income households, and institutional

    customers, such as hospitals and universities. Although the vast

    majority of aggregation pools are formed with the objective of

    securing the lowest rate of electricity possible, a growing number of

    aggregations are forming for the specific purpose of procuring

    renewably generated green power.

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    2 Aggregati on Models and St rat egies

    15

    Aggregation models can be loosely grouped into five categories.

    There is no one model that is simpler, easier or right for a given

    target group or objective. Each has its own unique advantages and

    disadvantages. Although more extensive case studies follow in

    subsequent chapters, some basic models are outlined below.

    a) Governmental Aggregation

    Governmental aggregation, also known as community choice,

    allows local governments to purchase electricity on behalf of their

    residents. Community choice legislation was pioneered in

    Massachusetts, where it was championed by a local government

    official. Bipartisan support helped Ohio become the second state to

    explicitly include a governmental aggregation provision in its

    deregulation legislation of 1999.

    There are many advantages to aggregation by localgovernment. Local government officials are directly accountable to

    their constituents, and are open to public scrutiny. Their actions are

    not driven by the profit motive; rather, their responsibility is to seek

    the best service for their community. Organizational capacity is also

    an important issue to consider. Municipalities and counties are

    experienced at handling large scale service provision and are equipped

    with the resources and legal skill to implement a large scale

    aggregation.

    Governmental aggregation differs from municipal utilities and

    rural electric cooperatives that assume responsibility for distribution

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    10See Appendix A for complete list of communities voting on community aggregation.

    16

    and transmission. The role played by municipal aggregators is limited

    largely to negotiating the purchase of electricity.

    In November 2000, more than 100 communities in Ohio voted

    to allow their local government to purchase electricity on their

    behalf10.

    b) Affinity Aggregation

    Affinity aggregation is so called because it draws its members

    from a group that has similar characteristics and interests. Rather

    than being defined geographically, as in governmental aggregation, its

    membership is comprised of a group sharing a commonality, such as a

    manufacturers organization, farmers, retired persons or

    environmentalists in a green power pool. In many cases, affinity

    aggregations are formed on the basis of an existing organization,

    with a clearly defined and extensive membership base.

    The recent effort of the Ohio Farm Bureau to aggregate

    residential and commercial farm interests provides a good example of

    how existing organizations can become the basis for a successful

    aggregation. Non-profit organizations, including cooperatives, trade

    associations, or 501(c) 3 organizations can expand their range of

    services to include electricity procurement, or an organization can be

    created specifically for this purpose.

    Most successful experiences of this type include trade

    associations which aggregate commercial customers. Business

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    associations often already aggregate the members demand to receive

    lower rates for services, such as health and property insurance, credit

    card processing, and other services, and as such are well poised to act

    as electricity aggregators. However, a growing number of

    cooperatives and other entities are targeting residential consumers.

    c) Internet-based Aggregators

    In Pennsylvania, several internet-based aggregation programs

    have emerged which solicit interested consumers over the internet

    within a certain service area. When enough consumers have signed up

    to form a pool, bids are accepted for that pool. The supplier that

    offers the best price supplies the electricity to those consumers in the

    pool.

    These aggregation pools are unlike those described earlier in

    that they are not based on any type of natural affinity or existing

    group. The customers are not members of a certain organization, and

    do not necessarily share any key characteristics in common (apart

    from computer literacy). Commercial aggregators assume the risk of

    forming an aggregation pool, and assume the marketing cost of

    forming such a pool.

    d) State/Public Entities as Aggregators

    One of the interesting elements of the Ohio legislation is that itexpressly authorizes the Ohio Department of Development to

    aggregate consumers that benefit from low-income energy assistance

    programs. Beneficiaries of the Universal Service Fund assistance

    programs will be pooled and bid out to electric suppliers. Although low-

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    income customers might be assumed to be an unattractive pool for a

    supplier to bid on, the fact that the State pays for part of the cost of

    the electricity provides a partial guarantee on payment. This factor,

    and the sheer size of the aggregated load, is likely to attract bids.

    e) Institutional and Governmental Aggregation

    Companies, local governments, and other institutional

    organizations with multiple sites may aggregate their own loads, and

    bargain for electricity jointly. This model differs conceptually from

    those outlined above, as in this case, the aggregator is not acting as

    an intermediary in the process. For example, a company or

    institutional entity with multiple facilities could aggregate its own load,

    and purchase electricity under a single contract, rather than through

    multiple contracts. To do so, an energy consultant/agent might be

    hired to facilitate the process and negotiate the contract. One

    instance of this is the City of Santa Monica which aggregated the

    electricity load of its municipal buildings to purchase electricity

    generated by renewable sources.

    f) Green Power Aggregation

    It is important to note that consumers can come together to

    bargain not only for cheaper power, but also for cleaner power. While

    aggregation is most often promoted as a strategy to gain access to

    the least expensive power possible, it may also have an important roleto play in building a market for renewable energy.

    Green power aggregation is not a distinct model of

    aggregation; in fact, any of the models listed above could be used to

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    In California and Pennsylvania, the most successful states for green power,

    approximately 2% have switched to green power. Blair Sweezey and Lori Bird, Green

    Power Marketing in the United States: A Status Report, Fifth Edition; National

    Renewable Energy Laboratory, August 2000, pg. 7-8.

    19

    purchase green power. However, the use of aggregation as a tool to

    advance a social or public good, such as seeking environmental

    benefits, is an intriguing possibility and merits special consideration.

    Green power is defined as electricity that is both renewably

    generated - that is to say, its supply is replenished at the same rate at

    which it is consumed - and is also environmentally benign. Green

    power is still in short supply in the United States, and is generally more

    costly than conventionally generated sources of electricity.

    Green power aggregation can accelerate the development of

    the green power market in three key ways. First, because aggregation

    can reduce the price of green power, it can make renewable products

    attractive to a wider range of consumers. Green power programs on

    average capture approximately 1% or less of the market11. An

    expanding customer base will be key to stimulating investments in

    large scale renewable generating facilities. Secondly, the existence of

    large purchasing pools actively procuring green power provides a

    concrete demonstration of market demand that can entice green

    power marketers to enter a state, or encourage existing marketers to

    develop a green product. Third, large scale purchasing pools, such as

    governmental aggregations, provide a significant, long-term, and

    stable source of demand for green power. This is more difficult to

    achieve through individual household sign-ups.

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    Kay Guinane, Group Buying Power: Meaningful Choices for Energy Consumers,

    Environmental Action Foundation, May 1997, pg. 9.

    20

    2.2 Key Issues in Forming an Aggregation Pool

    By pooling the demand of small consumers, aggregation

    strengthens the balance of power between producers and consumers.

    The clearest manifestation of greater consumer power is the ability to

    bargain for better rates for electricity. However, this is only one of

    the potential benefits of bargaining jointly. The use of skilled

    professionals in procuring power for many households increases the

    ability of consumers to negotiate favorable terms of a contract -) of

    which rates and prices are but one component.

    As our case studies will show, one of the keys to a successful

    aggregation pool is the expertise in negotiating favorable overall terms

    of a contract, including length, fees, and guaranteed service. As

    Guinane points out:

    In a retail competition scenario, how can the individual,small customer bargain for energy services on an equal

    footing with an array of utility companies, marketers,

    and holding company subsidiaries? What resources and

    options do the parties bring to the table? The small

    customer is limited in terms of time, information,

    expertise, and option. The so-called bilateral

    contracts that would result from such a bargaining

    process are not likely to fulfill the basic requirements of

    a true contract: meeting of the minds, mutuality and

    consideration12.

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    13 Kay Guinane, op. cit.

    14 Nancy Rader and Scott Hempling, op cit.

    21

    It is essential to understand that aggregation not only enables

    individuals to obtain cheaper power, but provides them with access to

    a skilled intermediary to represent them in the market.

    Forming an aggregated group can be a fairly complex process.

    An aggregator performs a variety of roles, many of which require a

    high degree of technical and legal expertise. Few organizations or

    small companies have staff with a thorough understanding load

    profiling, power procurement and pricing issues. For these reasons,

    most governmental and nonprofit aggregators hire a consultant or

    agent to perform these essential functions.

    One of the most significant questions facing an aggregation

    pool is what role it will play in the electric purchasing process. Private

    aggregators can act directly as intermediaries between consumers and

    sellers of power, by purchasing and reselling the power, and assuming

    billing and other functions. Or, more commonly, aggregators act

    merely as broker, responsible for negotiating a match between

    consumers and sellers of power. This is an importance distinction to

    make, and the term aggregator is often used to refer to both of these

    very different functions. Guinane13 draws a distinction between these

    roles of aggregators as acting either as brokers or marketers, while

    Rader and Hempling14 distinguish between aggregators as buying

    agents or retail sellers. Regardless of the terminology, the key

    distinction is whether the aggregator purchases power and resells it to

    its members, or simply negotiates a contract, but does not take title

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    22

    to the power. The latter option is most often used for its simplicity

    and low risk.

    The basic steps to a successful aggregation are to a) form the

    buying pool, b) assess the load profile of the group, c) draft a request

    for proposals that allows electric suppliers to bid on the group, and d)

    negotiate the terms and conditions of a contract.

    a) Forming a Buying Pool

    The initial step of identifying potential customers and forming

    a buying group is made easier if the aggregator can build on the basis

    of natural buying alliances, sometimes known as affinity groups.

    Trade association or other groups with a large membership that share

    certain characteristics provide a natural target group. It is more

    difficult, requiring considerable marketing, to initiate a group without

    such a basis.

    b) Assessing the Load Profile

    Once the aggregation pool is formed, most likely, an agent or

    consultant will be hired to assess the load profile of the group, draft

    an RFP, and negotiate the final contract. Analyzing the load profile of

    the aggregated group is important prior to drafting the RFP. Suppliers

    will be more willing to bid on a group if they can anticipate with a high

    degree of certainty what the load size and demand pattern is likely tobe. The logic of economies of scale dictates that a pooled load size

    may be enough to obtain lower prices, as the supplier gains multiple

    customers with no associated marketing costs and low per-transaction

    costs. However, equally or more significant to the economies of scale

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    15

    Anne Millen Porter, The Power Buy: What You Need to Know Part II, Purchasing

    Online: The Magazine of Total Supply Chain Management, June 5 th 1998.

    http://www.manufacturing.net/magazine/purchasing

    16

    Christine Strobel, Bulking Up, Energy Buyers Guide, 1997.

    http://www.energysource.com/ebg/ebgx.html.

    23

    are load profiles. Aggregation pools may get better rates if they offer

    a flat load profile -) one that is fairly consistent both seasonally or

    intra-day -) or better yet, if they can demonstrate lower loads at peak

    times. A supplier will consider not only the demand for power, but a

    flatter load profile and higher load factor (ratio of consumption to

    peak demand). A skilled consultant can not only assess the load profile

    of a given group, but can help form a buying pool with a more

    attractive load profile.

    The importance of load issues to the competitiveness of an

    aggregation pool can hardly be exaggerated. The president of

    Westwood Energy Group, a private aggregator, argues that the key

    factor is when a buying group uses power, rather than obtaining flat

    load profile or large volume purchases. A group with a flat load profile

    or a large scale group that uses lots of power during weekdays and

    peak times will be less attractive than a group that uses lots of power

    in off-peak times, such as in the winter and during evenings. 15

    A key question that emerges at this stage is if those joining the

    pool are bound contractually to purchase electricity through the group,

    prior to the contract having been negotiated. Suppliers are less likely

    to bid on an aggregation pool that has an uncertain load, with no

    guarantee that all members will subscribe16. This introduces a larger

    degree of uncertainty when determining demand and load profiles,

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    17 Porter, op. cit.

    24

    leaving suppliers with little alternative but to estimate worst case

    scenarios17. On the other hand, aggregators may find members

    hesitant to commit to purchasing power if the contract terms -)

    including price -) have not been determined in advance.

    c) Issuing a Request for Proposals

    Drafting a Request for Proposals, or Request for Quotes, which

    invites electric suppliers to bid on the aggregated group, is the next

    step. Including in the RFP the terms and conditions that the

    aggregator is seeking can reduce the number of proposals, but will

    ensure better matches. Often, the terms and conditions of a contract

    are the deciding factor in choosing a supplier.

    d) Negotiating the Terms of a Contract

    Although most of the key expectations and requirements of

    the purchasing group will have been spelled out in the Request for

    Proposals, aggregators or their agents will need to consider the terms

    that govern the contract. Issues such as a fixed or floating price,

    length of contract, cancellation options, collection policies, additional

    costs if the load is less or more than projected, are just a few of the

    key issues that need to be specified.

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    2.3 Conclusion: Aggregation and Residential Customers

    Aggregation has been promoted as a policy tool to extend the

    benefits of deregulation into the low-income, residential and small

    commercial market segments. Aggregation, moreover, may help

    stimulate the competitive retail electricity market by lowering the

    costs to electric suppliers of reaching small scale consumers.

    Forming an aggregation pool, however, is a complex process,

    requiring technical and legal expertise in energy procurement issues.

    Aggregating a small group becomes economically viable only when the

    savings obtained are greater than the cost of contracting skilled

    consultants.

    Larger aggregation pools can be formed geographically,

    through governmental aggregation or geographically defined co-ops, or

    can be drawn from the membership of existing organizations. The

    following sections will review case studies of different models of

    consumer aggregation.

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    3

    GOVERNMENTAL AGGREGATION:COMMUNITY CHOICE

    3.1 Benefits of Community Choice

    Consumer advocates in Ohio championed the cause of

    community choice -) the right of local government to act as

    aggregator of a communitys electricity demand. Modeled on a

    provision of the Massachusetts deregulation legislation, governmental

    aggregation received surprisingly strong bipartisan support in the Ohio

    legislature and was included in Ohios law.

    What distinguishes community choice from more tepid efforts

    to encourage governmental aggregation in states such as Michigan is

    the ability of local governments to assume the right to aggregate all

    residents, if approved by referendum or general vote. One of the

    challenges of forming any kind of aggregation pool is the time and

    cost it takes to enroll participants in the group. Signing participants

    one at a time, known as opt-in aggregation, naturally results in only a

    small percentage of the prospective target group joining. Low

    switching due to customer inertia is a proven obstacle to forming

    aggregation pools, as is cost.

    Consumer advocates in Ohio, led by Ohio Citizen Action, pushed

    for opt-out aggregation, which empowers local governments to

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    20

    Blossom Peretz, Community Choice Means Competition, Not Slamming, American

    Local Power Project, 1998.

    21 Nancy Rader and Scott Hempling. op. cit.

    28

    opt-in enables the municipality to form a reasonably

    predictable pool of customers, which is attractive to

    suppliers 20

    governmental aggregation is more likely to include a mix of

    commercial, residential and government users, resulting in

    a balanced load profile.

    Local governments have no profit incentive to sign a deal

    that doesnt benefit consumers.

    Governmental aggregation does not exclude low-income

    groups or other market segments that are unattractive to

    suppliers, but instead blends them with other consumer

    segments21.

    The process of setting up a governmental aggregation in Ohio

    has four basic steps. First, a city, township or county passes an

    ordinance or resolution to aggregate. Second, for an opt-out

    aggregation model, the voters must approve the measure by

    referendum. Third, the local governments must develop a plan and

    hold two public meetings on the plan. Fourth, the aggregating

    municipality must seek certification from the PUCO.

    Despite the potential benefits of governmental aggregation, to

    date, only Ohio and Massachusetts have opt-out governmental

    aggregation. Matthew Patrick, a councilman in Massachusetts who

    pioneered the concept of community choice, argues that cities and

    towns are, by law and tradition, natural aggregators for their

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    22 Patrick op. cit.

    23

    Participating towns include Barnstable, Bourne, Brewseter, Chatham, Dennis,

    Eastham, Galmouth, Harwich, Mashpee, Orelans, Provincetown, Sandwich, Truro,

    Wellfleet, Yarmouth, Barnstable County, Aquinnah, Chilmark, Edgartown, Oak Bluff,

    Tisbury, West Tisbury, and Dukes County.

    29

    community22. Patricks pioneering efforts to set up the first

    intergovernmental aggregation program, however, have encountered

    a variety of legal and market obstacles to completing their electricity

    purchases. The Cape Light Compact was established in 1997 after two

    years of study. Yet, by December 2000, electricity had not yet been

    delivered under a Cape Light Compact negotiated contract.

    In Ohio, local government officials moved rapidly to pursue an

    inter-governmental consortium to purchase electricity, with over 100

    municipalities placing aggregation on the ballot prior to the advent of

    competition. These two case studies are considered below.

    3.2 A Slow Start to Community Choice: The Cape Light

    Compact

    The Cape Light Compact is the first governmental aggregation

    program in the nation. It demonstrates an ambitious attempt to form

    a multi-city aggregation, comprising 21 towns and two counties in

    Massachusetts. 23 The Compact represents approximately 180,000

    consumers, including residential, commercial, industrial and

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    26 For more information on PowerOptions, see section 4.2.

    31

    with potential suppliers began shortly thereafter, and Select Energy

    was chosen as the supplier to the Compact members. This process hit

    an unanticipated obstacle when the Massachusetts Municipal

    Association claimed that they had an existing agreement with Select

    Energy that gave them exclusive rights to serve cities and towns in

    Massachusetts. As contract negotiations became deadlocked, several

    municipalities joined a private aggregator (PowerOptions) to supply

    their buildings with power.26 Cape Light Compact members remained

    on the standard offer, receiving their electricity from Commonwealth

    Electric.

    The contract negotiated with Select Energy addressed the

    fundamental market obstacle presented by the low standard offer.

    The contract spelled out a gradual phasing-in of customers to the Cape

    contract, starting with large accounts in December 2000, and including

    municipal and medium commercial accounts in 2001. Residential

    consumers would be brought into the pool in 2002.

    As contract negotiations with Massachusetts Municipal

    Association progressed, a more intractable problem emerged to throw

    the Cape Light Compact once again off its plans. Increasing prices in

    the wholesale power market led Select Energy to invoke a clause in the

    contract which allows it to defer service provision until supply prices

    normalize. If this provision is triggered, the Compact would also have

    the right to search for another supplier. At the time of this writing, it

    is unclear if the deal will go ahead. The latest string of difficulties

    encountered by the Cape Light Compact illustrates that deregulation

    does not automatically create a robust competitive market.

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    27See Appendix B for a complete list of all NOPEC communities.

    32

    3.3 The Northeast Ohio Public Energy Council

    The Massachusetts legislation which enshrined the principle of

    community choice was pursued by consumer advocates in Ohio. Ohio

    Citizen Action brought Matt Patrick, the Executive Director of the

    Cape Light Compact, to Ohio to testify before legislative hearings.

    Gaining the support of the Ohio Consumers Counsel, the measure

    received strong bipartisan support in the legislature, and was includedin the final bill.

    Many Cleveland area mayors immediately began to set the

    wheels in motion. Parma was the first city to get voter approval to

    aggregate in March 2000. More than one hundred municipalities

    followed, placing the issue on the ballot on November 7, 2000. The

    concept of aggregation was overwhelmingly approved, with 132 of 136

    communities voting in favor. Some local governments were eager to

    sign up early to receive a block of low cost, MSG (Market Support

    Generation) power that First Energy was making available to suppliers,

    as negotiated under its transition plan. Cities also began the second

    step of the process: applying to the PUCO for the certification

    necessary to become aggregators.

    Discussions also began, led by City of Brookpark Mayor Coyne,

    to create a multi-city aggregation, joining many of the communities

    that had passed referendums27. The Northeast Ohio Public Energy

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    NOPEC has also successfully lobbied the Ohio legislature to amend a law that governs

    gas aggregation. The House-passed version would have limited the aggregations to

    only 50,000 customers, thus denying NOPEC the right to represent its entire 400,000

    customer base.

    29

    Many suppliers had difficulty meeting transmission requirements. In addition,

    shopping credits in First Energy territory have been set near the wholesale price,

    making it difficult for suppliers to be competitive. It is likely that at least some of

    these bids were dependent upon the availability of Market Support Generation

    power, most of which was bought by the city of Parmas aggregation.

    33

    Council of Governments, or NOPEC, was created as the legal entity

    that would act as aggregator.28

    In early 2001, NOPEC received nine bids, of which two were

    deemed responsive and of sufficient interest to pursue29. In the spring

    of 2001, NOPEC signed a ground-breaking agreement with Green

    Mountain Energy Company. NOPEC signed a six-year contract on

    behalf of 94 communities spread over eight counties in Northeast

    Ohio, representing an estimated 400,000 consumers. This agreement

    is notable both for its size -) the first large scale community choice

    aggregation -) and for the fact that Green Mountain Energy Company

    is a leading supplier of cleaner and renewable energy.

    The agreement calls not only for 2% renewable energy

    immediately, but includes a commitment to install wind and solar

    facilities in Ohio. The key components of the agreement include:

    ! 98% of electricity supply will come from natural gas-fired

    facilities or other general sources of equal or lesser

    emissions characteristics

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    Personal communication, Jason Gifford, Green Mountain Energy Company, March

    2001.

    34

    ! 2% will be generated by qualified renewable energy

    facilities

    ! service delivery commences September 2001

    ! commitment to build new wind facilities in Ohio

    (approximately 10 megawatts)

    ! commitment to install solar facilities (approximately

    100kW)

    ! minimum savings estimated at 1% for 2001-2001, and 1.5%

    for 2005-2006

    ! estimated $10 million in savings over the life of the

    contract30

    It appears that NOPECs efforts to aggregate will be free from

    the unexpected obstacles that thwarted the Cape Light Compact. Ohio

    has emerged as a national leader in governmental aggregation, and

    provides an important testing ground both for multi-county purchasing

    pools and the use of aggregation to spur the development of green

    power. Although the initial percentage of green power might appear

    rather limited, 2% renewable generation of a large load representing

    400,000 customers is not insignificant. In conjuction with natural gas

    generation, the electricity product being sold has very low emissions,

    particularly in comparison to the regional average.

    Perhaps most importantly, the pioneering case of NOPEC

    reveals that cleaner sources of electricity can be competitive in a

    deregulated market. The aggregation pool enabled Green Mountain

    Energy Company to extend its reach beyond the small green power

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    31 For more on green power aggregation, see Chapter Six.

    35

    market of environmentally aware individuals, to the larger community.

    Large scale aggregation, moreover, can give suppliers the long term,

    stable demand needed to encourage investment in new renewable

    energy facilities.31

    3.4 Conclusions: Local Governments as Aggregators

    Community aggregation as a concept has the potential toprovide substantial savings to segments of the community unlikely to

    benefit much from electricity deregulation. Community choice,

    moreover, is inclusive in its approach, blending residential demand

    with commercial and industrial consumers. Local governments also

    have the essential advantage of having the organizational capacity to

    become aggregators. Their experience with RFPs, negotiating service

    contracts, and in-house legal resources make them well-suited to

    becoming an aggregator -) a claim that cannot be made for many

    other types of groups. The lack of profit motive, moreover, ensures

    that contract negotiations are driven by what is best for the

    community.

    In practice, however, obstacles to governmental aggregation

    exist. Only two states have passed opt-out aggregation -) an essential

    provision for effective community aggregation. The first two efforts

    at governmental aggregation, moreover, reveal that the lack of a

    dynamic competitive market results in few bids or savings

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    36

    opportunities. Market constraints, created in part by low standard

    offer power, allow few suppliers to competitively bid even on large

    aggregation pools. As competitive markets mature, a greater range of

    savings opportunities are likely to become available.

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    4

    AFFINITY AGGREGATION

    4.1 Introduction: Aggregation by Non-Profits

    Although community choice aggregation has generated a lot of

    interest in Ohio, it is important to recognize that communities are not

    the only entities that can aggregate consumers for electricity

    purchases. In fact, most examples of aggregation conducted in the

    U.S. to date have been initiated by a wide variety of organizations,

    trade associations and non-profits. This is due in large part to the fact

    that few states have included effective community choice provisions in

    their deregulation legislation. Yet, this is not the only explanation.

    Non-profits, and for-profit private aggregators, may have other

    advantages and unique characteristics that enable them to become

    effective aggregators.

    Most existing case studies of affinity aggregation have been

    pioneered by the institutional and business sector. Trade associations

    and other affinity groupings have either become licensed aggregators

    themselves, or partnered with for-profit aggregators.

    This chapter outlines several models of affinity aggregation,

    from the successful Power Options in Massachusetts, that represents

    the loads of non-profit institutions, including hospitals and universities,

    to Chambers of Commerce that assist business members, andorganizations like the Farm Bureau that assist with residential

    electricity purchases.

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    38

    4.2 : PowerOptions: The Massachusetts Non-Profit

    Energy Purchasers Consortium

    PowerOptions provides an extraordinarily successful model of

    non-profit organization that aggregates the demand of institutional,

    rather than residential, consumers. PowerOptions is one of the largest

    examples of aggregation in the country, with a combined load of over

    400 megawatts of power.

    The PowerOptions program was launched in 1996 to enable

    non-profit organizations in Massachusetts to form an energy

    purchasing coalition. By July 2000, more than 400 PowerOptions

    members had signed contracts totaling over 400 megawatts of

    electricity. The successful aggregation model was named as one of 25

    finalists in the 1998 Innovations in American Government Awards

    competition sponsored by Harvard University and the Ford Foundation.PowerOptions is also being licensed for replication in other states, and

    is currently being expanded into Maine.

    PowerOptions is a 501(c)3 subsidiary of the Massachusetts

    Health and Educational Facilities Authority (HEFA), an independent

    public authority that issues tax exempt bonds to finance capital

    projects for non-profit institutions. PowerOptions was launched in

    1996, well in advance of the 1998 deregulation of the states electricutilities. One reason that the PowerOptions program has been so

    successful in enlisting a wide base of support within the non-profit

    sector is that HEFA was already widely known and had established

    itself as a credible organization. Using its extensive networks with

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    large non-profits, such as hospitals, schools and universities,

    PowerOptions was able to ensure a core base of electricity users with

    high levels of electricity demand, essential to forming an aggregation

    collective large enough to be of interest to utilities and power

    marketers. HEFAs existing clients had major purchasing power, and

    as a result, HEFA was well positioned to form an attractive

    aggregation pool. PowerOptions acts as an aggregator for both

    electricity and gas purchases.

    The institutions that comprised the PowerOptions purchasing

    pool, moreover, had complementary load profiles. Hospitals are fairly

    consistent with their daily and yearly load profiles, demonstrating a

    slight peak in the dead of winter and in mid-summer, which coincides

    with the winter and summer breaks of schools and universities. Taken

    as a whole, the load profile of the PowerOptions customers was

    relatively steady and balanced.

    Finally, the larger non-profit institutions that comprised thecore of PowerOptions are particularly desirable customers for an

    electric supplier. Hospitals, museums, and universities are not only

    large power consumers, but are financially secure and reliable

    customers.

    Requests for proposals were issued, and in 1997, a remarkable

    27 electricity suppliers bid for PowerOptions customers. The size and

    profile of the PowerOptions pool proved indeed to be attractive tosuppliers, and PowerOptions began the task of negotiating a contract

    favorable to its member organizations. In the end, PowerOptions

    struck a hard bargain with PECO Energy Co. of Pennsylvania. Included

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    32 Interview, Angela OConner, Power Options Operations Manager, September 2000.

    40

    in the deal was a fixed price over the life of the contract, short term

    (two year) options, uninterruptible power, and discounts for

    employees of participating non-profits. More significantly, PECO

    reimbursed PowerOptions for a significant proportion of its start up

    costs -) which were approaching $1 million.

    PowerOptions acts as a broker between its members and PECO.

    It does not assume ownership of the electricity. PowerOptions

    members sign contracts directly with PECO -) and are entitled to all

    the benefits negotiated by PowerOptions. Members are under no

    obligation to sign the PECO contract and purchase their electricity

    through the collective, if they deem it not to be in their best interest.

    Not surprisingly, the majority of PowerOptions members have signed

    on. The terms and conditions that have been negotiated, in particular

    the short term contract, are attractive to most organizations and

    institutions. In addition, the savings are estimated at 6-13% below the

    standard offer32.

    Why has PowerOptions been so successful in its efforts to

    increase the benefits of electric competition to the non-profit sector?

    This case study shows clearly that in terms of aggregation, bigger is

    indeed better. The sheer size and scale -) nearly 7% of the states

    electricity consumption -) of the PowerOptions purchasing group

    enabled it to increase its negotiating power with electric suppliers.

    However, size alone is not enough. Skill, legal expertise and

    persistence in negotiating terms of the contract also plays a criticalrole. PowerOptions invested a substantial amount up front to hire

    attorneys and consultants to help negotiate a solid contract. The new

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    Jack Lynne, Power Deregulation: A Bumpy Road Begins the Free-Market Ride, Site

    Selection Magazine, August-September 1998.

    41

    organization had extraordinary up-front expenditures to draft an RFP

    and RFQ, and negotiate the supply contract. According to

    PowerOptions Operations Manager Angela OConner, this was crucial to

    the success of the program. The negotiated deal had to include terms

    and conditions that would be better than those that could be

    negotiated by even large institutions, such as members Harvard and

    Boston College. Without a good contract, larger institutions -) whose

    presence makes the aggregated group attractive to electric suppliers -

    ) will likely leave the group to put together their own deals.

    4.3 Trade Associations

    Trade associations have traditionally been involved with many

    types of bulk purchasing strategies. Chambers of Commerce and other

    business groups have pooled health insurance and other services for

    the benefit of their members. The existing membership provides a

    natural base for forming a cohesive aggregation pool.

    Business associations across the country are jumping into

    electricity aggregation. The California Manufacturers Association, for

    example, obtained an 8% average discount for its 1,000 members. 33

    The California Retail Association signed an agreement with New

    Energy Ventures, a commercial load aggregator that will act as broker

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    34 Strober op. cit. pg 3.

    35 Select Energy Newsletter, Eye on Energy, #4, June 12, 1998.

    42

    on an estimated $2 billion on electricity34. Aggregated business groups

    are such an attractive and potentially profitable market segment that

    some electric suppliers are actively encouraging business associations

    to aggregate. Select Energy, for example, has developed The Power

    of Association -) an energy related member benefit program. Under

    this program, Select Energy offers a customized package of energy

    products and services tailored to the members of business

    associations35.

    Business associations provide the clearest examples of private

    aggregation in practice. Many business associations have successfully

    aggregated their members, and have proven their ability to obtain

    reductions in retail electricity rates for their members. The question

    that remains is whether aggregation is as suited as a strategy for

    residential consumers.

    Business associations have many advantages over residential

    aggregations. In addition to the obvious advantage of representing asignificant combined load, trade associations provide an existing

    framework that may already be experienced as a buying group. It is

    also worth pointing out that energy prices rank high among the

    concerns of businesses. Even modest reductions in electricity costs can

    result in a substantial difference to the bottom line of commercial and

    industrial customers. As a result, business associations may feel

    obligated to address electricity purchasing concerns. Other types of

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    36 Quoted in, Electricity Choice Begins Now. Buckeye Farm News, January 2001. Pg. 6.

    43

    affinity groups comprising individuals and households are less likely to

    get involved in energy aggregation.

    4.4 Residential Aggregation

    Few examples of affinity aggregation exist that target

    residential users. One example is the Ohio Farm Bureau that has in

    excess of 200,000 members throughout the state of Ohio. As part of

    the range of services it offers to its members, the Farm Bureau has a

    Self-Help Energy Program for natural gas purchasing that has

    approximately 7,000 subscribers. Moving into electricity aggregation

    was the natural next step. According to the Director of Energy

    Services for the Ohio Farm Bureau, Close to two decades of

    experience has shown us that members support using cooperative

    efforts to reduce their natural gas energy costs. It just makes sense to

    carry that experience over to group purchasing of electricity.36

    The Ohio Farm Bureau has registered with the Public Utilities

    Commission of Ohio as a licensed aggregator for farm, residential and

    small business members. The first step in early 2001 will be to conduct

    a load profile of the potential group. Interested Farm Bureau members

    have been asked to release their electricity use records to enable a

    load profile to be developed.

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    37 The case of energy purchasing cooperatives is covered in the following chapter.

    38 Guinane op. cit.

    44

    Case studies of successful residential aggregation efforts are

    somewhat limited.37 Most affinity groups of a sufficient scale to

    tackle the task of aggregating its members are comprised of a

    statewide membership. Non-geographic based aggregation groups that

    span the service territories of several distribution companies will face

    additional complications, including more complex metering and billing

    processes. Non-geographic aggregation, simply put, is less efficient.38

    4.5 Conclusions

    The potential roles of civic associations or other non-profits in

    aggregating consumers are multifaceted. Non-profits are not trying to

    squeeze out a profit from the narrow margins created by aggregated

    purchasing, and are able to pass on more savings to customers. The

    potential for non-profits to obtain grant funding to secure start-up

    costs, moreover, is an advantage unique to the sector. The

    membership base and outreach abilities of non-profits are an asset to

    an aggregator in forming an initial pool of consumers.

    Certain classes of customers are more likely to be included in a

    private aggregation pool. Commercial and industrial consumers,

    through the representative organizations, are more likely to negotiate

    jointly for electricity. The civic organizations that represent individuals

    are more likely to include a narrow fraction of a customer class.

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    Affinity groups are likely to represent a specific and narrow target

    group, such as retired persons, environmentalists or farmers.

    Governmental aggregation is able to extend benefits to all members of

    a community, including low-income groups, residential consumers and

    businesses.

    Another type of private aggregation group, the energy

    purchasing cooperative, is gaining popularity on the East Coast. These

    co-ops often have a particular focus on providing services to low-

    income households. The issues facing aggregating low-income

    populations are highlighted in the following section.

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    5

    CONSUMER AGGREGATION: A MODEL FOR

    LOW-INCOME POPULATIONS?

    5.1 Introduction

    At its core, aggregation is about increasing the market power

    of small scale consumers. The California experience, with soaring

    electricity prices and rolling blackouts, has awakened fears over the

    effect of deregulation on ordinary consumers. Low-income households,

    especially in cold weather states, are particularly vulnerable to even

    modest rate increases as a disproportionately high percentage of their

    income is spent on energy. Strategies to maximize potential energy

    savings -) or to mitigate the impacts of potential rate increases -) are

    essential to protect low-income communities in a potentially volatile

    deregulated environment.

    Will aggregation emerge as the solution for improving service

    and lowering rates for low-income communities? The answer to this

    question is not yet clear. There are few mature case studies to point

    to at this time, although pilot programs are being initiated in many

    states. However, previous aggregation efforts with natural gas or

    heating oil provide a preliminary indication of the opportunities anddifficulties of aggregating low-income consumers. Bulk purchases of

    other energy products have demonstrated some successes in providing

    lower cost services to economically vulnerable populations.

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    Pam Marshall and Roger Colton, Aggregating Low-income Customers: Can Market-

    Based Solutions Fix Market-Based Problems? Energy CENTS Coalition, June 1998. pg.

    54.

    48

    Given the possibility of higher cost, lower service provision in

    low-income neighborhoods, does aggregation make sense as a strategy

    to mitigate these risks? Aggregation can counter the threat of

    redlining, by enticing suppliers with large aggregated groups and low

    per household transaction costs. Aggregation may actually stimulate

    the market by attracting suppliers to service territories where they

    are unlikely to target otherwise.

    Several compelling counter-arguments can be made. Some

    analysts believe that purchasing pools comprised solely of low-income

    households undermines the ability of low-income households to benefit

    from large, diverse aggregation groups, with attractive load profiles

    and customer composition. Marshall and Colton argue,

    Separating low-income customers from any larger

    aggregated pool, therefore is a disservice to low-income

    households. Fragmenting low-income customers into a

    stand alone subset of electric customers is exactly

    contrary to the ability of low-income customers toexercise the maximum amount of negotiating power in

    a competitive electricity market.41

    Perhaps the greatest problem is that this approach fails to address the

    key issues facing low-income customers -) poor load profiles and

    payment histories. Colton quotes the National Conference of State

    Legislatures as stating even if customers with similarly unattractive

    load profiles combine their accounts, they will simply become one large

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    (Low-income Home Energy Assistance Program) eligible households.

    These strategies are reviewed below.

    5.3 Consumer Cooperatives: Reaching Out to

    Low-Income Households

    A growing movement in the Northeast has centered on the

    creation of cooperatives to act as aggregators for not only electricity

    purchases, but a wider range of energy services. Throughout the

    Northeast, energy co-ops are being established to provide a consumer-

    owned response to the potentially consumer-unfriendly deregulated

    electricity market. Their concern with social justice and economic

    fairness makes them one of the few types of organizations that have

    demonstrated an interest in aggregating residential consumers and

    low-income groups. This value-driven focus, moreover, reveals severalcase studies featuring the unlikely combination of low-income

    customers and green power programs.

    Purchasing cooperatives acting as aggregators, it is important

    to note, differ in substance from Rural Electric Cooperatives that act

    as electricity suppliers. Most Rural Electric Co-ops are similar to

    municipal utilities in that they own electric distribution systems and

    are engaged in electricity distribution. A purchasing cooperative, incontrast, generally acts as an intermediary in the electricity purchasing

    process and is not involved in distribution of power.

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    Barry Ingber, An Oil Co-ops Experience in Marketing Green Electricity, EPRI Green

    Power Conference, May 1999.

    51

    The formation of consumer-owned co-ops as aggregators may

    be a growing trend. Efforts to establish energy purchasing co-ops can

    be seen in New Hampshire, Massachusetts, Connecticut and Vermont.

    Drawing on experiences of bulk purchases of oil and gas,

    comprehensive energy co-ops are becoming more common. In many

    cases, existing energy cooperatives are moving into electricity

    aggregation.

    a. Bost on Oil Consumers Al l iance

    The Boston Oil Consumers Alliance (BOCA), was established in1981 as a response to rising home heating oil prices, and other fuels.

    BOCA served to aggregate consumer demand for home heating oil,

    and has obtained rates nearly 30% below market rates. 43 BOCA later

    expanded to provide energy efficiency services.

    Drawing on its experiences as an aggregator, BOCA in 1999

    expanded into the electricity market, and included a focus on green

    power. As with many other energy cooperatives, BOCA sought toprovide integrated energy services, including energy efficiency,

    education, electricity and other fuels. As a cooperative, BOCAs

    strategy is guided by strong moral principles, and aims to provide not

    only savings, but also a true green alternative.

    b. Connect icut Energy Co-op

    In Connecticut, an energy cooperative was established for the

    primary purpose of aggregating residential electric consumers. The

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    44 The New Co-ops, Rural Electrification Magazine. No date.

    52

    Co-op was able to offer electricity at 5.25 cents per kWh, beating the

    standard offer in the Connecticut Light and Power service territory.Members receive the additional benefit of services from the ICE

    program: Innovation, Conservation and Efficiency. In addition, the

    Connecticut Energy Cooperative offers fuel oil, propane, natural gas

    and telecommunication services. Similar to BOCA, the Cooperative

    offers two electricity products, Ecowatt, a certified green product,

    and Valuewatt, a low-cost product.44

    c. New Hampshir e Consumer Ut i l i t y Cooperat iveAn example of a statewide cooperative, stimulated by grant

    funding, was found in New Hampshire. In anticipation of full

    electricity deregulation, the Institute for Cooperative Community

    Development situated within the New Hampshire College proposed the

    creation of a statewide purchasing cooperative. The Institute received

    a grant of $100,000 as seed funding, and their program was designed

    to draw from the membership of three existing organizations; The

    New Hampshire Credit Union Consumers Cooperative, Consumers

    Utility Cooperative and the Northern Forest Energy Cooperative.

    In addition, the newly created New Hampshire Consumers

    Utility Cooperative would partner with a local community action

    agency to include low-income families in the purchasing pool. This

    strategy of linking community action agencies to aggregators may in

    fact be one of the most promising strategies.

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    5.4 Community Action Agencies

    Community Action Agencies play a leading role nationally in

    energy service provision in impoverished communities, and play a key

    role in the implementation of federal energy assistance programs

    (LIHEAP). Community Action Agencies have an extensive history of

    deep engagement with low-income communities, as well as providing

    energy assistance programs. Are Community Action Agencies well

    suited to take this one step further and become electricity

    aggregators?

    Some analysts have considered whether community action

    agencies have the necessary organizational capacities to become

    aggregators and have found them wanting. A report by the Maryland

    Energy Administration and the Office of the Peoples Counsel argues

    that:

    ...it has become increasingly clear throughout the

    country that aggregating for electric purchases is no

    simple endeavor. Several layers of expertise are

    required... it is becoming increasingly evident that the

    low-income program administrators do not have the

    in-house resources to provide such expertise. Moreover,

    they do not have the resources to procure the necessary

    expertise to successfully aggregate.

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    45 Colton 2000, op cite

    46

    The Maryland Energy Administration and Office of the Peoples Counsel offer a third

    solution. The report recommends that a systems benefit charge fund legal,

    technical, marketing and other staff to assist with low-income and other residential

    aggregation efforts.Maryland Energy Administration and Office of Peoples Counsel,

    Public Benefi t s and Electr ic Market Restr uct uri ng in t he St at e of Maryland.,

    undated.

    54

    The Minnesota state LIHEAP office assessed the capacity of

    local community action agencies, and concluded that they had neither

    the expertise nor the resources to aggregate45.

    The complexities of forming an aggregated pool may make it

    difficult for a CAA to aggregate on the basis of its existing resources.

    Yet, as the Maryland report implies, with additional resources, it is

    possible for CAAs to procure the expertise required, by forming

    partnerships with licensed aggregators, or hiring the necessary skilled

    staff.46

    The federally funded Low-Income Home Energy Assistance

    Program (LIHEAP) supports innovative initiatives through the

    Residential Energy Assistance Challenge Option Program (REACH). In

    1999, REACH funded two pilot aggregation programs in partnership

    with community action agencies, which may help answer important

    questions about their ability to successfully aggregate.

    The Connecticut Association for Community Action (CAFCA) is

    an umbrella organization for 12 community action agencies across the

    state. As one component of a three year, $1.5 million REACH grant,

    CAFCA will develop a home energy aggregation pilot that will arrange

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    47 REACH grant awards FY 99, see LIHRSP c learinghouse website,

    www.ncat.org/liheap/.

    55

    for bulk purchases of electricity, natural gas and heating oil. Residents

    signing up for LIHEAP benefits are eligible to join the purchasing pool.

    The pilot program is open to 15,000 residents.

    The second grant supports the State of North Carolinas Office

    of Economic Opportunity to strengthen its partnership with 31

    Community Action Agencies. The $1,000,000 grant will create:

    ...a permanent mechanism, a non-profit aggregator,

    through which the States low-income households

    can compete effectively in a competitive energymarketplace. Project partners will establish a Public

    Interest Energy Services Company which will

    aggregate the buying power of low-income customers

    in order to increase their individual energy market

    power, allowing individual low-income households

    opportunities for self-sufficiency.47

    The link with the non-profit agencies will provide the necessary link to

    the community, through their outreach and organizing capacities.

    Similarly in Vermont, an energy consumer co-op is being

    established through the REACH program. Community Action Agencies

    are able to offer membership in the ComsumerCo as a benefit to their

    members. A major goal of the ConsumerCo project is to include a

    significant proportion of LIHEAP customers. In addition, the

    ConsumerCo expects to rapidly expand into other energy services,

    noting that sale of electricity alone is neither a viable economic

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    48

    Vermont Reach Project: Development of a Consumer Energy Cooperative, Vermont

    Energy Investment Corporation, March 1999.

    49

    Pam Marshall and Roger Colton, op. cite. 1988. pg. 55.

    56

    option, nor is it likely to create the opportunity to signficantly provide

    lower bills to members.48

    This strategy enables consumers from multiple community

    action agencies to aggregate, a more efficient proposition than each

    CAA initiating their own bidding process. Another alternative,

    proposed by low-income advocates Pam Marshall and Roger Colton, is

    to have the state LIHEAP agency to act as statewide aggregator. They

    argue:

    ...the State LIHEAP administrative agency should

    aggregate all LIHEAP households rather than individual

    LIHEAP providers aggregating only their local LIHEAP

    households....The combination of lower costs associated

    with enrolling a larger number of LIHEAP households,

    with administering universal service funds, and with

    negotiating one supply contract for all LIHEAP households

    will make a combined LIHEAP pool more attractive than

    pools aggregated by individual LIHEAP providers49.

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    5.5 Aggregation by the Public Sector: Ohios Energy

    Assistance Program

    Drawing from successful experiences in aggregating LIHEAP

    customers for gas purchases, Ohios deregulation legislation mandates

    that the Ohio Department of Development aggregate and bid out low-

    income electricity users eligible for Percentage of Income Payment

    Plan (PIPP) assistance. This state-led program is a bold effort to

    aggregate Ohios 200,000 low-income PIPP households into one large

    purchasing pool.

    Through the PIPP program, the state of Ohio guarantees a

    portion of low-income consumers electricity bill. As such, the

    proposed statewide aggregation will attract the interest of electric

    suppliers not only due to its size, but because the state guarantees

    part of the payments. This mitigates the potential risk of redliningof low-income aggregations.

    5.6 Conclusions

    The role of aggregation in meeting the energy needs of low-

    income groups is as yet unclear. A series of pilot projects is being

    implemented nationally that will help determine the effectiveness of

    pooling the electric demand of low-income consumers. Although

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    electricity aggregation strategies are still in the incipient stage, there

    is a proven history of aggregation of gas, oil, and other fuels.

    Low-income households could benefit not only from aggregation

    as a strategy to secure lower energy prices, but also require

    comprehensive energy management assistance. Efforts to reduce

    overall energy costs to economically vulnerable households must not

    focus narrowly on price, but should also include assistance to lower

    energy usage. Most assistance efforts highlighted in this chapter

    combine bulk purchasing with energy efficiency and other services.

    The modest price reductions that could be achieved through

    aggregation are on their own insufficient to substantially lessen the

    vulnerability of impoverished households.

    Cooperatives are emerging as a viable model for low-income

    aggregation. Their non-profit and value-driven basis leads them to

    actively seek out low-income households, unlike commercial

    aggregators, and offers a means by which this demand can becombined with other customer segments. These efforts are often able

    to obtain grant funding in the early and costly start-up years. More

    significantly, they are forming productive partnerships with community

    action agencies and state energy offices.

    The State of Ohio is implementing a bold and aggressive

    program designed to aggregate the states PIPP customers. The Office

    of Community Services, with the resources and organizational capacityto skillfully aggregate, offers a statewide, large scale approach to low-

    income aggregation.

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    It is clear that low-income populations are at high risk in a

    competitive market if left unassisted. Aggregation seems to provide a

    supplemental strategy for reducing the energy burden on poor

    households. This will be useful as one of several energy assistance

    strategies when used in conjunction with other services, including

    efficiency and weatherization. Low-income aggregation should be

    seen as simply one more energy assistance tool.

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    6

    AGGREGATION AND GREEN POWER

    6.1 Aggregation: The Key to Developing a Market for

    Green Power?

    Aggregation offers promise for stimulating demand for green

    power, and kick-starting a more vibrant green power market. This

    option comes none too soon. The market for green power has grown

    slowly, and with recession looming, faces an uncertain future.

    Although most customers in California and Pennsylvania that switched

    actually did so to purchase green power, on average, green power

    represents 1-2% of the market. The market for green power has failed

    to emerge as dynamically as many analysts had predicted and green

    power providers had hoped.

    Large scale aggregation can play a vital role in developing a

    green power market by creating stable and long term demand for

    renewables. Contracts with large aggregation pools can provide

    suppliers with the stable revenue stream that is necessary to

    encourage capital investment in new renewable generation.

    Aggregation for green power purchases faces numerous

    challenges, however. The lack of widespread public awareness of the

    environmental impacts of electricity generation makes green power a

    tough sell to the general public. The relative lack of supply further

    constrains possibilities of aggregators obtaining several (if any)

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