Houston Chronicle Sunday

How the Legislatur­e can stop blackouts

Texas lawmakers should create a ‘rainy day’ reserve for electricit­y, too

- By Bill White

Texans take pride in our state’s distinctiv­e culture, but not in our latest distinctio­n: During the harsh winter weather that recently covered much of the nation, we led in the numbers of our residents who froze for days without power. Our state’s electric power system failed in many ways, but most stem from two related problems: the failure of the state’s Public Utility Commission to make reliabilit­y an overriding priority and the Legislatur­e’s failure to give the PUC the necessary mandate and tools to obtain it.

In 1999 the Legislatur­e made

sweeping changes in the structure and regulation of electric power. Before those changes, most utilities generated power, managed the wires and sold it to consumers. Every year expert regional organizati­ons undertook scenario planning and set “reserve margins” to ensure reliable power during extraordin­ary events. The North American Electric Reliabilit­y Council, on which I served two decades ago, reviewed those regional plans. Utilities then made investment­s consistent with those plans. The PUC expected utilities to avoid blackouts and allowed them to recover reliabilit­y-related costs and a regulated return.

Critics of this system — ranging from academic economists to environmen­tal groups to some potential competitor­s — argued that utilities had insufficie­nt incentives to avoid investment­s in inefficien­t and excessive capacity. For example, consumers ultimately paid for cost overruns that plagued nuclear projects.

In Austin powerful potential new competitor­s such as Enron fought with equally powerful utility monopolies to open the power business to greater competitio­n.

In part with the able leadership of Pat Woods, then chairman of the PUC, in 1999 the Legislatur­e compromise­d by opening competitio­n for retail sales and power generation, while preserving a rate of return on existing generation. Transmissi­on and distributi­on — “the wires” — continued to operate as regional monopolies that could recover costs and regulated returns. Environmen­tal groups claimed victory with a phased-in requiremen­t for the purchase of renewable power, which helped jumpstart the wind business and made Texas a leader in renewables.

The new system gave consumers more options, though studies — such as a recent one by the

Wall Street Journal — now question whether that ultimately resulted in lower consumer prices. That issue also received greater scrutiny after the February freeze, as many consumers failed to understand the fine print about variable rates.

PUC lacks needed tools

The lack of guaranteed returns on new projects forced their owners and operators to be far more sensitive to costs. Any tendency of the old system to create grossly excessive generation capacity had been curbed. On the flipside, however, the new system did not give the PUC the clear responsibi­lity, accountabi­lity and all the tools needed to replace the old system’s capacity to avoid cascading blackouts during extreme weather events. The new system retained the historical planning and spreading of costs designed to ensure reliable wires, but no similar mechanism remained for ensuring a reserve of reliable generating capacity. In the words of an expert report to the PUC in 2012, in the wake of power interrupti­ons during a winter storm the previous February, Texas is the only state that fails to “maintain a minimum reserve margin through regulated planning, resource adequacy requiremen­ts, or capacity markets.”

Avoidance of uncontroll­ed blackouts requires a grid operator to continuall­y balance power placed into and taken out of the system. Skilled engineers and operators working for the nonprofit Electric Reliabilit­y Council of Texas — ERCOT — have performed this function, both before and after the 1999 legislatio­n. ERCOT does have the power to interrupt service for some users to avoid a collapse of the entire grid, and certainly this can be done better to avoid situations such as occurred during the February freeze, when it turned off power needed to get natural gas to gas-fired power plants. ERCOT, however, does not have policymaki­ng or regulatory power. The PUC — appointed by the governor — must play that role.

Market forces alone will not ensure reliabilit­y. So much of modern life depends on reliable power — from homes to businesses, from gas pumps to water pumps, from refrigerat­ion to computers and phones. So the human and economic costs of a prolonged and extensive outage can vastly outweigh the economic reward to investment­s serving principall­y as insurance against rare but potentiall­y catastroph­ic events. Policymake­rs, not engineers or Wall Street investors, must ultimately weigh those trade-offs between spare capacity or improvemen­ts and the costs that consumers should bear for a reliable system.

‘Rainy day’ reserve

For this reason, other states and almost all developed countries have some means of securing reserve capacity and spreading the cost over time and all users. Texans do not value reliable power less than those in other states, and insurance against catastroph­ic or unpredicta­ble events does not conflict with our state’s market orientatio­n. After all, virtually all businesses buy insurance to spread the cost and reduce the risk of losses from extraordin­ary events, and Texas itself puts some tax dollars in a “rainy day” reserve.

The Legislatur­e cannot micromanag­e the power system, which requires deep attention to technical detail, annual scenario planning and a careful weighing of trade-offs with public input. The Legislatur­e can, however, act promptly while Texans remember the February freeze to give a clear mandate and authority to the PUC to make reliable power a high priority and take ultimate responsibi­lity for the entire range of reliabilit­y challenges, such as power interrupti­on priorities, appropriat­e standards for weatheriza­tion, risk-based and coordinate­d planning of maintenanc­e downtime, and competitiv­e procuremen­t of reserve power. ERCOT, with its deep technical expertise, can manage and be held accountabl­e for policy implementa­tion, but it must be accountabl­e to a regulatory body with thoughtful commission­ers and a qualified, profession­al staff.

I brought this issue to the attention of Austin policymake­rs when I served as Houston’s mayor, and after leaving office identified needed reforms.

We may not be able to avoid all hardship during all extraordin­ary weather events, but we can at least learn from them and seek to do better. While Texas takes pride in its entreprene­urial culture, successful entreprene­urs constantly modify their plans based on actual experience.

 ?? Eric Gay / Associated Press ?? Kirk Morgan, at the table on the left, testifies Thursday about the winter storm blackout before the Committees on State Affairs and Energy Resources in Austin.
Eric Gay / Associated Press Kirk Morgan, at the table on the left, testifies Thursday about the winter storm blackout before the Committees on State Affairs and Energy Resources in Austin.
 ?? Marvin Pfeiffer / Staff photograph­er ?? Gov. Greg Abbott gives an update Feb. 21 on efforts to provide water and other resources to communitie­s at Port San Antonio.
Marvin Pfeiffer / Staff photograph­er Gov. Greg Abbott gives an update Feb. 21 on efforts to provide water and other resources to communitie­s at Port San Antonio.

Newspapers in English

Newspapers from United States