Consumers Council calls for legislators to reject HB 124 and SB 50.

February 23rd, 2011

The following op-ed, by our chair Joan Bray,  appeared in the Columbia Tribune.

Why should State legislators reject House Bill 124 and Senate Bill 50?

         The bills, which are identical, would repeal a fundamental consumer protection by allowing Ameren Missouri and other electric monopolies to recover from customers the cost of an “early site permit” to build a second nuclear power plant.  The result of the legislation would be higher rates for families and businesses – at a time when everyone is struggling to recover from the recession.

            Current law forbids a utility for charging its customers for a new plant until the plant is producing energy.

            In 1976, the public put that law on the ballot through the initiative petition process.  The voters passed it overwhelmingly, by a nearly 2 to 1 ratio.

      The Consumers Council of Missouri opposes Ameren’s effort to change the law.   We have engaged in the debate in the Capitol because:

            1.         The Legislature should not overturn the will of the voters.

            2.         Ameren ultimately wants to shift the risk for building a nuclear plant away from its stockholders to its customers.  This is just the first step. 

                        Ameren is a private corporation that has a monopoly on providing energy within its service area.  It operates under state regulations that allow it a generous profit of 10.1 percent, even in this recession. 

                        But the financial world is signaling that nuclear plants are extremely risky because of outrageous cost overruns.  In discussing financing a nuclear plant through the private credit market, Tom Voss, president and CEO of Ameren Corp., told the St. Louis Post-Dispatch: “We just couldn’t do it.  The risk would be too great.  We don’t think people would lend us the money.  We don’t think our board of directors would approve it.  And we don’t think our stockholders would think it’s prudent.

                        If Ameren has decided that the numbers don’t work for its shareholders to invest in the plant, why is it okay to foist that risk upon the rest of us?  Why should customers bear the burden of costs that could spiral out of control? 

                        Ameren’s customers should pay attention to what is taking place in Florida.  In December 2006 Florida Power & Light Co. introduced a plan to build a nuclear power plant that would cost $6 billion and begin operating in 2016.  As of May 2010 the cost was projected at $22.5 billion and the operational start date moved back to 2021.  It is hard to know if the project will ever be completed, but huge prepayment costs are being charged on customers’ bills.

            3.         Ameren is asking its customers to reimburse it $40 million for money it has already spent.  It made the decision to spend the money for the permit with no assurance it could change the law and charge its customers for the expenditure. Contrary to proponents’ claims, HB 124 and SB 50 would not produce any jobs.  Ameren would only be reimbursed for money it has already spent on the permit.

            4.         Ameren’s customers are already weighed down with rate increases.  Within the past two years, the company has been granted $577 million in rate increases.  It is now back before the Public Service Commission seeking $263 million more.  That means the average residential customer has seen her annual bill increase around $200 – or 26 percent – and is facing 11 percent more if Ameren gets its way this year.  Another rate increase to reimburse the company for the permit application would be just piling on.

            5.         The pending legislation would weaken the utility’s incentive to keep costs down.  Experience shows that when investor-owned utilities are allowed to charge for power plants before completion, cost overruns are much more likely.  When utility investors must risk their own money, like any other business owners, pencils are sharpened and efficiencies are greater.

                        The current law was in effect when the first nuclear power plant was built.  As a result, consumers were saved from having to pay approximately $400 million in cost overruns. 

            Missouri consumers have enjoyed relatively low energy costs in years past.  That is because our state had a well-regulated industry due to its laws and the work of the regulator, the Public Service Commission.  But that dynamic has changed in recent years through the utilities’ success in getting laws passed to diminish the PSC’s oversight and allow guaranteed rate increases through a variety of surcharges.

            This session the Legislature must stand up to Ameren and its fellow utilities and, using the voice of the people, utter a resounding “No!” to HB 124 and SB 50.

Joan Bray, Chair Consumers Council of Missouri

Five Hundred Million …. and now More?

February 10th, 2011

In just the past two years, AmerenUE has raised our rates by more than FIVE HUNDRED MILLION DOLLARS.  Now they want to raise rates more. 

If you think AmerenUE needs to stop raising rates, let your voice be heard.   Come to one of the Public Service Commission’s public hearings and tell Ameren what you think.

  The St. Louis area hearings are:

Wednesday, Feb 16 – 12 noon at Harris Stowe State University, Main Auditorium, 3026 Laclede, St. Louis

Wednesday, Feb 16, 6 p.m. at UMSL, Millennium Student Center, One University Blvd, St. Louis

Thursday, Feb 17, 12 noon at Viking Conference Center, 10709 Watson Road, St. Louis

Thursday, Feb 17, 6 p.m. at Julia Davis Regional Branch Library,k Auditorium, 4415 Natural Bridge Ave., St. Louis

Public Hearings on Ameren Rate Hike scheduled

January 26th, 2011

Public Hearings on Ameren Missouri’s rate hike of $263 million have been scheduled before the Public Service Commission.  Local hearings are:

Wed. Feb 16 at 12 noon.  Harris Stowe State University, Main Auditorium, 3026 Laclede, St. Louis

Wed. Feb 16 at 6 p. m.  UMSL, Millennium Student Center,  One University Blvd, St. Louis

Thursday, Feb 17 at 12 noon. Holiday Inn Southwest, 10709
Watson Road, St. Louis

Thursday, Feb 17 at 6 p.m. Julia Davis Regional Braanch Library, 4415 Natural Bridge Ave, St. Louis

Please come and make your opinion known.

Phony Pay Day Loan Bill

January 20th, 2011

House group has bill ready on payday loans

By Rudi Keller Columbia Daily Tribune

Wednesday, January 19, 2011

JEFFERSON CITY — A payday loan bill that will include many provisions acceptable to the lending industry will emerge soon from a House working group, House Speaker Steve Tilley said yesterday.

Mary Still

The eight-member group, never formalized as a committee, has been meeting with representatives of the industry but has not held public hearings on the issue. Tilley, R-Perryville, and House Democratic Leader Mike Talboy, D-Independence, were members as was Rep. Don Wells, R-Cabool, and chairman of the House Financial Institutions Committee, Tilley said yesterday in a session with reporters.

In that discussion, Tilley said the bill he expects would reduce the number of times a borrower can renew a loan and impose at least a one-day waiting period for taking out a new loan. Tilley said he was not sure yet whether the bill would lower the legal interest rate, which is a maximum of 1,955 percent. A recent state report shows the average annual interest rate on the loans, typically for as long as two weeks, is 443 percent.

“My goal is to actually get something accomplished,” he said.

Tilley said he wants a bipartisan bill that offers new consumer protections but does not put the more than 1,000 lenders out of business.

The working group excluded Rep. Mary Still, D-Columbia, Tilley said. She has not been interested in compromise, he added. “She just wasn’t invited.”

Still wants to extend to all consumers the 36 percent interest rate cap imposed on the lenders by federal legislation for borrowers in the armed forces. And instead of the two-week term typical on payday loans, borrowers would be given a minimum of 90 days to repay the loan.

She attended the working group meetings but has said she was prevented from speaking. Still said she has always been open to a compromise as long as it provides strong consumer protections. “I have never had an opportunity to work with anybody on this, but I would welcome the opportunity,” Still said.

The more people learn about how the industry operates, the more likely they are to decide the industry needs stricter oversight, she said. “People have not spent the time to study this, and it is difficult to understand,” Still said.

As to why she has been shut out of Tilley’s attempt at crafting legislation, Still said she believes she is too strong an advocate for consumers. “Maybe the fact that I have been successful in articulating the issue to the public makes him want to dismiss me,” she said. “My proposal is exactly the proposal of Jim Talent, a Republican who wanted to protect military families.”

Lobbyist Randy Scherr, who represents United Payday Lenders of Missouri, said the bill likely to emerge from the working group will be one the industry can live with but likely will include provisions that are impractical.

A cooling-off period is not popular with the industry, Scherr said. Industry studies have shown it doesn’t change the behavior of borrowers.

“Nowhere else” in the lending industry “is somebody prevented from borrowing money,” he said.

But setting a limit on the number of renewals to standardize practices across the industry would help, he said.

Say NO to SB 50

December 10th, 2010

 

Consumers Council of Missouri calls on customers of AmerenUE

to say NO to the newest legislative attempt to

overturn Anti-CWIP law.

December 8, 2010 – In 1976, Missouri voters overwhelmingly adopted a consumer protection law that has helped keep electric utility rates fair in our state ever since.  This pro-consumer law, sometimes called the Anti-CWIP (Construction-Work-In-Progress) Law, protects consumers from being charged for any power plant that is not yet “fully operational”.  It prevents investor-owned utilities such as AmerenUE from forcing ratepayers to pay for risky long-term construction projects. 

            “Last year, AmerenUE attempted to convince the Missouri Legislature to overturn this important consumer protection law”, said Joan Suarez, acting Chair of the Council.  “That attempt was stopped because of the effort of Consumers Council together with a coalition of groups representing consumers large and small.” 

            “Now they are back again trying to repeal the Anti-CWIP Law a little at a time.  Death by a thousand cuts we call it.  Senate Bill 50, which was pre-filed this week, would allow AmerenUE to recover costs they have already incurred in efforts to get permission to build their new plant,” Suarez said. 

She explained that many long-term construction projects for coal or nuclear power plants can incur huge cost overruns, and are sometimes canceled before completion.  The rates consumers pay already compensate these utilitiewith double-digit profits so that they can take these risks themselves. Ratepayers should never have to pay for power plants that have not yet been proven to be providing cost effective electricity. 

“We call on all customers of AmerenUE to say no to attempts to force us to pay unfair advance charges in our electric bills. Contact your state senator and state representative and tell them NO on SB 50 and to leave the Anti-CWIP bill alone.  Missouri has few enough consumer protections,” said Suarez.

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Gov. Nixon wants consumers to pay for new nuclear permit

November 20th, 2010

Tony Messenger, of the Post Dispatch, reported on a press conference held by Governor Nixon, AmerenUE and other Missouri electricity providers.  Nixon will call for legislation to allow Ameren to recover $40 million of what it has spent seeking a site permit to build another nuclear plant in Callaway County.  Does this indicate that the end of CWIP – Construction Work in Progress – is near?  Read more and let us know what you think. 

http://www.stltoday.com/news/local/govt-and-politics/political-fix/article_c658dd88-f3f5-11df-87ea-0017a4a78c22.html?sms_ss=email&at_xt=4ce835421edc6f95,0

Consumers Council Elects New Officers

November 20th, 2010

 

Consumers Council Elects New Officers

            October 17, 2010 – St. Louis, MO – The Consumers Council of Missouri  has elected new officers for 2011.

                        President,  Senator Joan Bray, who is term limited and will retire from the Missouri Legislature in January: Vice Presidents, Joyce Armstrong, former Executive Director of the ACLU and Jackie Hutchinson, Director of Energy Programs at the Human Development Corporation; Secretary/Treasurer, Bruce Sommer, retired Director of America’s Center and former St. Louis Alderman.          

Board members elected to a one year term are:  Mike Dandino, Wayne Goode, Treina Lind, Renee Marver, and Joan Suarez.

Rep. Mary Still to receive Second Annual Alberta Slavin Award at Annual Meeting

September 16th, 2010

        The 2010 Alberta Slavin Consumer Award will be presented to Rep. Mary Still for her efforts to educate Missourians about the weaknesses in the PayDay loan legislation. The award presentation will be made at the Consumer Council Annual Meeting.

Sunday, September 26   -  3 to 5 p.m.

St. Louis Ethical Society – 9001 Clayton Road, St. Louis, MO

Special Guest Speaker – Robert Clayton, Chair of the Public Service Commission

AmerenUE rate increase is not needed

June 8th, 2010

Common sense tells us Ameren rate increase is not needed

By Judi Roman
06/08/2010

Two items in the Post-Dispatch recently present a fascinating dichotomy. First, Local 1 of the International Brotherhood of Electrical Workers agreed to reduce pay and benefits by 8.23 percent now and 8.73 percent in January for a three-year period. Second, AmerenUE received a $226 million rate increase, resulting in an 11.76 percent increase in residential electric bills.

Which action do you believe best reflects the public interest?

This year’s rate increase follows one in 2009 that totaled $162 million and already increased the average customer’s monthly bill by 8 percent. And another whopper is expected within the next year.My common-sense observations tell me that AmerenUE has little incentive to manage its business more efficiently rather than extract its 10.1 percent Public Service Commission-approved profit margin through rate increases.

Consider:

— Reflecting its monopolistic culture, AmerenUE asks for surcharges, for example, for the costs associated with complying with environmental regulations or for increased fuel costs. These surcharges amount to automatic rate increases granted without thorough review. Other companies that are not monopolies also have to comply with environmental regulations and other cost increases.

These non-monopolies don’t get an automatic pass on increased costs. They figure out new ways of operating and/or managing to absorb increased costs without simply passing them along. Consumers also do this. When the rent goes up and our budget won’t stretch any further, we cut out some other expenses. Or we move.

Why doesn’t AmerenUE do the same? It employs thousands of management people. Surely those managers are as competent and creative as managers in the non-monopoly companies that do not pass along all their increased costs.

I’m confident that AmerenUE will answer that it does operate efficiently. Indeed, it may say that, in response to the economic downturn, it eliminated some 300 positions and froze management salaries in 2009. Welcome to the real world. Keep it up. It makes me think of the grocery ads. Supermarkets pat themselves on the back for cutting the price of orange juice by a small percent, and I wonder why they have been charging me extra for so long.

— Most U.S. corporations would love to have a virtually guaranteed double-digit profit margin. But that’s not good enough for AmerenUE. No, to protect itself from inflation that it forecasts, AmerenUE asked to increase its approved profit margin to 11.5 percent. The PSC ultimately granted it 10.1 percent. What inflation? Look at interest rates. Look at anything. Where’s the inflation? Nowhere.

— Economic conditions remain tough — for almost everyone but AmerenUE. One in 10 Americans cannot find a job. The percentage among minorities is far higher. Still, AmerenUE seeks back-to-back rate increases. Bad PR? Undoubtedly. But when you’re a monopoly, what choice do customers have? Almost none, unless you have the capital to escape the grid.

— Utility consumers don’t receive as much help as we used to from Missouri’s official consumer advocate. Staffers at the Office of the Public Counsel are extremely hard working and able, and they do a lot with the lean resources that they are given. Still, compared to the scores of lawyers, financial and PR specialists AmerenUE employs for its rate cases, the Office of Public Counsel always has been understaffed. Not to mention the legions of lobbyists that prevented this advocacy office from receiving stable funding during this year’s legislative session. In 2005, it had 15 staff people. Today it has only seven. Folks, this is not a level playing field.

So, what can we do?If you agree with me, I invite you to join the Consumers Council of Missouri (www.moconsumers.org) and let your voice be heard. Together, we can make a difference.

Judi Roman is executive director of the Consumers Council of Missouri.

AmerenUE Gets 10-percent rate hike

June 1st, 2010

PSC grants AmerenUE 10-percent electricity rate hike

Source:

ST. LOUIS POST-DISPATCH

By Jeffrey Tomich
05/29/2010

AmerenUE on Friday got approval from Missouri regulators to raise electric rates by 10 percent, or $226.3 million a year.

The new rates are expected to take effect in late June. When they do, a typical residential customer who uses 1,100 kilowatt-hours a month will pay about $108 more a year, according an analysis by the Public Service Commission staff.

The increase is the third in three years for St. Louis-based AmerenUE, the state’s largest electric utility with 1.2 million customers.

The PSC voted 4-1 to grant AmerenUE more than half of the $402 million increase initially sought in July. At the time, the utility said it needed to boost revenue to compensate for rising fuel prices, higher financing costs and investments made to improve reliability.

AmerenUE had no immediate comment. The utility was still reviewing the 102-page order on Friday afternoon, spokesman Michael West said.

PSC Chairman Robert Clayton cast the lone dissenting vote.

“The increase was more than I thought the evidence allowed for,” Clayton said in an interview.

AmerenUE’s rate proposal met with a backlash from customers. Hundreds of people attended a series of public hearings across the utility’s service area last winter and wrote letters and e-mails to the PSC.

The response was at least partly the product of a public relations campaign funded and organized by the Fair Electricity Rate Action Fund, an ad hoc group organized and funded by some of Ameren’s largest customers. The group includes its largest customer, Noranda Aluminum Inc., which operates a smelter in the Missouri bootheel.

Clayton said the commission was mindful of hardships faced by customers as the economy crawls out of a deep recession.

Friday’s order included a $1 million pilot program to help low-income customers and reduced AmerenUE’s allowed return on equity, or profit, to 10.1 percent from a previous rate of 10.76 percent to reflect changes in capital markets.

“The (customers’) concerns raised were understood,” he said. “There’s no question that these are challenging economic times.”

More than half of the increase sought by AmerenUE was to cover higher fuel costs, including the cost of coal shipped from Wyoming. The rest was to cover higher financing costs and to fund reliability projects at power plants and its 25,000-square-mile network of poles and wires.

Prices for most types of energy have declined because of the recession. But AmerenUE buys coal under contracts that have terms of three to five years, so energy price increases from previous years haven’t been fully reflected in rates.

The commission approved $58 million for tree-trimming expenses and infrastructure inspection to help comply with new rules put in place after a series of widespread power outages in 2006 and 2007.

AmerenUE will also be allowed to continue to add a fuel surcharge to bills to help it more quickly recoup fuel expenses.

The PSC’s order comes a month after the Illinois Commerce Commission approved a $5 million electric and natural gas rate increase, slashing Ameren’s $130 million request by more than 95 percent.

The ICC granted Ameren’s Illinois utilities an additional $10 million earlier this month to correct errors in its original order.

On Friday, Ameren sought a rehearing in the Illinois case, noting that the approved rate increase is less than $16 million in pension and benefits expenses that were incurred and booked for 2009.