PURPA, Carter's Public Utilities Regulatory Policy Act,
allows small renewable and combined heat and power
generators to sell their electricity to the utility
companies at "avoided cost." PURPA it leaves it up to the
states to define in detail how avoided costs must be
calculated.  As a consequence, many states, including Utah,
have gutted PURPA by using a procedure that grossly
underestimates the costs which renewable energy avoids.

Presently the Utah Public Service Commission is looking
whether the Utah definition should be revised.  It is docket
12-035-100 at

http://psc.utah.gov/utilities/electric/elecindx/2012/12035100indx.html

Yesterday I gave a testimony, as a ratepayer and breather of
the polluted air in Salt Lake City, which was well received.
Among all the public witnesses I was the only one who made
the connection between PURPA and Fossil Fuel subsidies.
Some of you might be interested to read my statement.  As
preparation I used, besides the testimony of Utah Clean
Energy in the same docket, the following very useful pdf:

http://www.recycled-energy.com/images/uploads/Reviving-PURPA.pdf

Here is my statement:

Thank you for the opportunity to testify here.

Despite an abundance of solar and geothermal energy in Utah,
Utah is almost last in the nation with its share of
renewable electricity.  The reason is simple: renewable
electricity cannot compete with fossil fuels, because fossil
fuels are subsidized in Utah more than elsewhere.

If you understand the mechanism of these subsidies, I think
you may also appreciate my reasons for speaking as a witness
here.  I arranged my personal life to minimize my carbon
footprint.  Yet I have no choice but to subsidize the fossil
fuel consumption of others.

Part of this subsidy are the damages which ozone pollution
and PM2.5 pollution afflict on me and everyone else living
in SLC, even those who do not immediately show symptoms.
Another part of this subsidy is paid not only by people in
SLC but by people living everywhere: my children for
instance, who live in other states, must expect a grim
future due to the Climate Disruption which is in part caused
by electricity production in Utah.  Generators of electricity
from fossil fuels use the atmosphere which I am breathing as
a free dumping ground.  I am paying the price which they
should be paying.

These subsidies make electricity prices too low, which leads
to overconsumption of electricity compared to what would
constitute an efficient use of all available resources.
Another implication of these subsidies is that the avoided
costs as they are presently computed in Utah are also lower
than what would be efficient for the economy.  Before going
into the details of this, I'd like to briefly discuss the
effects of too low avoided cost.  Say the true cost of an
additonal fossil-fired kWh is 5 cents, but the avoided cost
is calculated as 3 cents.  In this case, renewable energy
producers with a cost of 4 cents are denied access.
Instead, this energy is produced at a cost of 5 cents.
I.e., if avoided costs are too low, rate payers have to pay
too much.  Another implication of too low avoided cost is a
retardation in the development of renewable energy.
Renewable energy is getting cheaper every year, and the more
renewable energy can be produced, the faster it will pass
through its learning curve.  Existing fossil generation is a
mature technology and its productivity increases are much
slower than those of renewable energy.

I still have to substantiate my claim that the avoided costs
in Utah are too low.  I see three reasons for this.

First reason: Around 35 the 50 states in the Union have
mandatory Renewable Portfolio Standards.  If such a RPS
exists, PURPA allows the avoided costs for renewable
generation mandated by the RPS to be determined by the cost
of renewable electricity and not the cost of fossil
electricity.  Utah does not have a mandate but only a goal.
I am not sure whether PURPA allows technology-specific rates
if there is only a goal.  I wish that such
technology-specific rates can be developed, I certainly
think they are in the interest of ratepayers like myself.
If PURPA does not allow technology-specific rates here in
Utah, i.e., if the utility company does not have to pay for
the many extra benefits of renewable generation, then I
think it would be fair that the QF should be able to sell
their REC's elsewhere.

Second reason:  It is widely believed that the externalities,
which force end consumers to subsidize fossil-fuel generated
electricity with their health and the future of their
children, will at some point lead to a carbon tax or other
kind of carbon price.  If there is a carbon tax, then PURPA
allows the tax savings of renewable energy to count as an
avoided cost.  But right now, there are only externalities
and no tax.  PURPA does not allow to count externalities as
avoided costs which are not actual costs to the utility
companies.  Even if those costs are not reflected in the
books of my utility Rocky Mountain Power, these costs are
born by someone.  I am one of the many end consumers who are
bearing these costs and I think I deserve as much protection
under PURPA as my utility company.  I hope that some way can
be found to reflect these externalities in the avoided
costs, perhaps as a hedge against future carbon taxes.  This
would not only be fair but it would also make good business
sense.  Investments in power generation have a long
lifetime.  Everyone loses if these investments are made on a
basis which will be overturned after a few years when the
carbon tax is introduced.

I am not a lawyer and do not know whether the above
refinements of the avoided cost calculation can be
reconciled with the letter of the law.  I think they are
certainly in the spirit of the law, because ratepayer
equivalence is impossible without these refinements.  But
there is a third reason why avoided costs in Utah are too
low.  PURPA in Utah tries to be simple and only uses a
"bare bones" calculation of avoided costs.  Some of the
benefits of renewable energy which PURPA generally allows to
count as avoided cost are not counted here in Utah.  Other
participants in this Docket have pointed this out.  I cannot
add to the details but I will describe the gist of it as I
understand it.  It makes sense to me to value solar energy
capacity more highly because the sun happens to shine when
demand is high, and to value wind more highly because Utah
is windier during the Summer rather than the winter.  It
also makes sense to me to value distributed energy more
highly because the law of large numbers makes many
independent producers more reliable than one big producer.
As I understand it, such valuations are permissible under
PURPA as it stands.  As a private citizen living in Utah my
request is to use the broadest definition of avoided costs
permissible under PURPA.

Even the broadest definition of avoided cost allowed under
PURPA leads to a number which is too low considering all the
other effects which are disallowed by the negative synergies
between PURPA and the present fossil-fuel friendly
legislative and regulatory stance here in Utah and in the
USA in general.  I know that we cannot eliminate all
subsidies for fossil fuels in this hearing.  I came here to
plead with you that you should at least try to eliminate as
much of these subsidies as possible.

Thank you for listening.

Hans G Ehrbar
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