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Protecting Vulnerable Consumers and Promoting Marketplace Justice
NATIONALCONSUMER LAW
CENTER INC
19th Annual National Low Income Energy Conference
Energy Advocacy and Intervention:
Basic SkillsJune 14, 2005 - Phoenix, AZ
Protecting Vulnerable Consumers and Promoting Marketplace Justice
NATIONALCONSUMER LAW
CENTER INC
Energy Advocacy: Why Community Groups?
• Energy policy effects all aspects of life, especially for low-income
• Decisions effecting low-income often left to business and utilities or neglected altogether
• Community Action Agencies and other community-based organizations are uniquely situated to contribute to energy policy debates in a meaningful way
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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Community Groups’ Unique Advocacy Perspective
• Contact with low-income populations
• Delivery of programs
• Often politically connected and involved
• Ability to bring both policy analysis and actual human experience to the debate
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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Common Community Organization Misperceptions
• Intervening before the regulatory commission is for utilities and expert lawyers only
• I can’t win in that forum
• My organization is better off focusing on what we do best: program delivery
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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CENTER INC
State Level Advocacy Opportunities: Regulated Utilities
• Low-Income Energy Programs– Energy Efficiency– Payment Assistance
• Regulatory Consumer Protections– Termination and Restoration of Service– Payment Plan Requirements– Deposit and Late Payment Fee Requirements– Dispute Resolution
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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State Level Advocacy Opportunities: Regulated Utilities
• Prices– Rate Cases– Fuel Charges, Cost of Gas Adjustments– Power of Gas Purchase for Captive
Customers
• Resource Planning/Procurement; Portfolio Management
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Public Utility Commission Proceedings
• Adjudicatory– Rate Cases, Fuel Charges, Cost of Gas Adjustments
• Rulemaking– Adoption of New or Revised Regulations
• Individual consumer– billing disputes
• Generic proceedings– Policies and Practice
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How to Join the Debate
• First: Decide What You Want
• Plan How to Get What You Want
• Begin to Develop the Materials Needed to Engage in the Debate
• Begin Working with Others
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How to Join the Debate – Regulatory Informational Basics
• Rules of Practice
• Key Players
• Schedule of Docketed Cases
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How to Join the Debate – Obtaining Basic Information
Obtain information about your state commission, open cases, and utility companies that are regulated by the commission
State Regulatory Commission Website– National Association of Regulatory Utility
Commissions• http://www.naruc.org/resources/state.shtml
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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How to Join the Debate• Meet and Greet
– Identify key regulatory officials– Schedule meetings to get to know key players– Convey concerns about low-income energy security
and indicate interest in working with officials to address these concerns
– Get to know regulatory staff; they can be indispensable resources
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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How to Join the Debate
• Materials– Create a unique state low-income energy plan
and affordability analysis– Plan components may be used to produce
• legislative and regulatory testimony• media materials• community organizing materials
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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How to Join the Debate• Components of Low Income Energy Plan and
Analysis– Population, poverty, self-sufficiency (Census Bureau)– Energy costs, expenditures and burdens (Energy
Information Administration)– Terminations and Disconnections (PUC, if available)
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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How to Join the Debate
• Components of Low Income Energy Plan and Analysis– Existing Energy Programs and Resources
• Federal• State/Utility• Fuel Funds/Voluntary Contributions
– Existing Regulatory Consumer Protections
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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How to Join the Debate
• Components of Low Income Energy Plan and Analysis– What is Needed to Address Threats to Low-
Income Energy Security• Model Program Designs (NCLC, LIHEAP
Clearinghouse)• Model Consumer Protections (NCLC)
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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Joining the Debate
• Pro-active Approach– Draft a petition and file with your regulatory
commission– Recruit one or more Commissioners to open a
proceeding that will address your concerns
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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Joining the Debate
• Let the Debate Come to You– Get on the Utility Commission Service List to
find out about new cases as they are filed– File a petition to participate in a case as a full
intervener or “interested party”– Participate in public hearings; involve clients
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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What You Need to be in Those Cases
– Time– Money– Legal– Experts
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Time– Be cautious of jumping in the water if you
can’t swim!– Can take a year (or longer!) from start to
finish.– Actual hours: probably 100 to 200 hours (can
be lower or higher)
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Money
– Let’s be real: our side usually doesn’t have much.– Bare minimum: copying/postage - can be hundreds of
dollars.– Plan long-term, think about funding for experts and
lawyers well in advance.– Possible Sources:
• Grants, Foundations• LIHEAP, WAP Leveraging Funds
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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CENTER INC
Legal– Make legal services your ally.– Meet/work with AG/Consumer Advocate/other
intervenors.– Pool resources with other groups
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Experts– Make allies in academia, the AG’s office, etc.– Think of non-traditional experts: staff at
energy assistance programs, state agencies.– Think long-term - grants, foundation support,
etc.
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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The PUC is NOT the only game in town
– Get legislators to file your proposals/ideas as bills.
– Get the Governor or state agencies on your side.
– Use the press.– Look for allies in strange places: Small
businesses? Companies that deliver energy efficiency products/services?
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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The Utility as your friend?– Many low income discounts came out of
utilities (with a small nudge from us)– Many utilities will get on board with energy
efficiency programs.– Learn to see where utility interests overlap
your own– Find special allies within utility companies
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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Thinking strategically– What is you highest priority (discounts; energy
efficiency programs; etc.)– How can you find funding to support your priority?– How can you get help: from other states, non-profits,
etc?– What are the strengths/weaknesses of your agency &
other players?– Who will be on team (lawyers/experts).
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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What types of proceedings happen at a PUC?
– Adjudicatory– Rulemaking– Generic proceedings (can cross “adjudicatory”
& “rulemaking” lines) – Individual consumer (e.g., billing disputes)
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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Adjudicatory proceedings– Parties have more formal rights: discovery,
evidence, cross-exam, briefs.– Parties have more formal responsibilities: file
testimony, conduct discovery,– attend hearings, write briefs.– Formal decisions/right to appeal– Can be most expensive and burdensome (but
not always)
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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CENTER INC
Rulemaking proceedings– Can be most effective way to raise low-
income issues– In many states, can be started by petition of
consumers.– Can be less expensive and time-consuming.– Easier to draw in supporters: public hearings
open to all.
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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CENTER INC
Generic Proceedings
• Generally less formal than adjudicatory proceedings
• May be initiated by consumers’ petition in many states
• Scope can span broad policy areas
• Great organizing opportunity
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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CENTER INC
Individual consumer cases– Often far less time consuming and
burdensome.– Can be helpful in organizing: often lead to
obvious wins.– Can set useful precedents: e.g., on payment
plan terms.– However, may have very limited (even if
good) impact.
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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CENTER INC
Doing your homework– Find out what type of proceeding it is– Find out the standard of review– Review PUC’s general/procedural regulations
and specific regulations that apply to your case.
– Review prior relevant decisions.– Get a mentor: AG, Consumer Advocate, legal
services, NCLC, etc.
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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Focus, focus, focus– Identify your issues early on.– Use discovery to gather info on your issues.– Avoid taking on “interesting” but extraneous
issues.– Prepare thoroughly for cross exam/public
hearings/etc.– Less can be more!
Protecting Vulnerable Consumers and Promoting Marketplace Justice
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CENTER INC
Some big picture suggestions– Cultivate your commission. Get at least 1
commissioner who you speak to frequently.– Build your grassroots.– Tell your clients’ stories wherever you can.– Find press allies.– Cultivate funding.