On balance, the arguments for a Pennsylvania Power Authority are flawed. No economic basis for establishing such an authority is readily apparent. Further, the envisioned authority would pose high potential to cause harm to the marketplace, much as the California Power Authority did during its truncated tenure.
What Would It Do?
The Pennsylvania legislation would create a state power authority, or power “agency,” whose main directive would be procurement of (hopefully) low-cost power. The state would first create contracts with any willing industrial consumers as well as all the “default” consumers (residential, commercial, and industrial) in Pennsylvania who choose not to shop for power. Then the state would go to private power plant investors and existing generators and make the other end of the contract with the lowest bidders.
The idea is that, if private investors propose to build a base-load plant that can provide inexpensive power to fulfill the contracts, then they will be able to procure financing to do so because the authority contracts provide them with the assurance of return on their investment. The concept underpinning this approach is that the current market does not allow such investment because of risk concerns on the part of entities that would make the relevant capital available. As Pennsylvania Public Utilities Commission vice-chair Tyrone Christy explained during the 2009 legislative hearings, “because of the uncertainty in where the rates are headed — I mean, they go up and down like the roller coaster — it makes it extremely difficult to finance a capital-intensive power plant.”
Note that power authority advocates do not make an argument specific to electricity markets. Investment in all industries in a market economy is risky. To acquire funds to make such investment, an investor must either use his own money or acquire equity or debt funding from other parties. Those parties will seek assurances that they will have an opportunity to gain a reasonable return on their investment. Indeed, such challenges can be seen as a benefit of market economies, in contrast to investment made by government entities that have no such assurances. Put another way, and borrowing a term from commentary on computer software, this restriction on investing is “a feature, not a bug” of the competitive market system. This is in contrast to regulated markets with government-guaranteed investment, which have been shown in electricity markets to lead to huge cost overruns that were eventually paid by electricity consumers.
Once the contract is made, the voluntarily entering industrials will not be able to opt out, but the “default” consumers would be able to choose a different provider at any time. If created, the state agency would be overseen by a five-member board with representatives of small business owners, agriculture, industrials, consumers, and an appointee of the governor.
The envisioned Pennsylvania Power Authority would have the ability to issue its own bonds and build its own facilities. This option appears intended as a sort of “last resort.” However, given the obstacles the authority would likely encounter in getting independent generators to build new plants, use of this financing power might well be required for the authority to fulfill its mandate.
Authority advocates contend that such actions would lead to developing generation facilities that would sell electricity at prices below current market levels. Thus, Christy asserted during the 2009 hearings that “competitive solicitations for the construction of new power plants … would provide power at [lower] contract-based rates rather than at prices that are the product of PJM markets.” (PJM is the regional wholesale electricity market that supplies power to areas of the Mid-Atlantic and Upper Midwest, including Pennsylvania.) This argument appears to ignore the important role of opportunity cost in markets. In this instance, any producer seeking to sell power to a Pennsylvania Power Authority would always have the alternative of selling its power into the PJM market. Thus, there is no reason to believe a Pennsylvania Power Authority could obtain lower prices than those available through the PJM power market.
Indeed, Joe Nipper of the American Public Power Association described in the 2009 hearings how opportunity costs govern current procurement in PJM. According to Nipper, “power supplies purchased by investor-owned utilities used to provide ‘standard offer service’ [are] typically purchased through auctions for relatively short-term contracts [of] two to four years. But the prices offered under these contracts are frequently based on forward projections of the prices likely to be recovered in the PJM spot market.” Thus, according to Nipper, it is opportunity costs that will drive the prices offered in any attempts to gain power through contract. This, of course, is exactly what is to be expected in a market economy.
Did Restructuring Fail?
The initial argument made by power authority advocates is that restructuring has “failed.” This is based on studies (see, for example, Blumsack et al., 2005) that claim that electricity prices are higher in restructured states than in regulated states. However, higher prices alone do not demonstrate failure and this argument is misleading.
First, it is necessary to understand that restructured states did not randomly choose to change their electricity markets. Rather, states chose to restructure because they had high electricity prices to begin with, and were searching for a way to lower those prices. Thus Tennessee, which has the good fortune of having ample low-cost hydroelectric power, is unlikely to choose to restructure. Given this, all other things being equal, restructured states are likely to have less resource endowments, and therefore higher electricity prices.
Second, the relevant studies measured prices during a period of rising energy costs (1998–2008). In restructured markets, prices represent contemporary costs. In regulated markets, however, “regulatory lag” occurs. (See, for example, Spulber and Becker, 1983.) What this amounts to is that higher (and lower) costs are spread out over several years. Thus, it is to be expected that cost increases (and decreases) will be passed through more quickly in restructured markets. Indeed, that is one of the virtues of restructured markets: in terms of economic efficiency, customers should pay the costs of the goods they purchase. In regulated markets, however, rate payers paid too little for power in 2008 and are likely to pay too much for power in the next several years.
In particular, proponents claim — without providing evidence — that the PJM day-ahead market is subject to the exercise of market power. As Pennsylvania House Environmental and Energy Committee chair Camille “Bud” George said during the 2009 hearings, “The competitive wholesale power market exists in name only.” George reiterated this claim in the 2010 hearings, saying, “For example, a study conducted by the American Public Power Association found that generators in the PJM earned more than $12 billion – and that is billion with a ‘b’ – in excess earnings over a seven-year period.”
But if PJM is plagued by market power, it is doing so despite heavy oversight. PJM has an autonomous market monitor that is renowned for its independence from PJM management. PJM also engages in active bid mitigation, which means that if a supplier bids in its capacity at substantially above its marginal cost, its bids are rejected and modified.
It appears that George is confusing two different concepts. Certainly it is possible for firms to make money from the exercise of market power. But that is not the only way firms can make money. In particular, firms can make money by becoming more efficient. Indeed, the economic literature is clear that more efficient firms are a great success of electricity restructuring.
Further, it is by no means clear that firms in this market are making extraordinary profits. As Fischer and McGowan (1982) point out, measuring economic profits is extremely difficult. Specifically, whether or not economic profits occur is often obscured by accounting conventions. Lesser (2009) poses a large number of critiques of the report cited by George. In particular, the American Public Power Association study pointed to strong stock market gains by generating firms over the period of restructuring as evidence that those firms were seizing market power. As Lesser notes, however, market competition is not a zero-sum game; in competitive markets, firms can boost profits by becoming more efficient. The increased efficiency results in savings to consumers. Thus, an increase in the value of a stock by no means implies that the customers of the relevant firm are receiving higher prices.
As noted, electricity prices have risen since 1998, at least in part because of the rising cost of fuels used to produce electricity. Thus, the proper way to view electricity prices is to look at them after they have been fuel-adjusted. The data show that fuel-adjusted prices in PJM have fallen 27 percent since 1998. Therefore, restructuring in Pennsylvania can be seen to be highly effective at reducing prices.
Thus, we are now in a position to put the entire story together. Research indicates that restructured plants have grown more efficient. Data also indicate that fuel-adjusted prices have fallen significantly since restructuring. The natural outcome of this is both lower prices for consumers and higher profits for producers.
Thus, what authority advocates’ argument comes down to is the assumption of restructuring opponents that higher energy costs need not be paid by consumers. They assume that customers in regulated states will not have to face the impact of higher energy prices. Of course, that is not what is likely to happen. Rather, these costs will go into the rate base of customers in regulated states. In other words, there is no free lunch. Given regulatory lag, ratepayers in still-regulated states will be paying for higher energy prices for a long time to come. In Pennsylvania and other restructured states, however, these energy costs have already been paid for.
The PJM Single Clearing Price
The PJM day-ahead market is an economic textbook example of how a market should operate. Demand comes from consumers. Supply comes from the bids of suppliers. Market price and quantity come from the intersection of supply and demand. Price equals the marginal cost of supply, which maximizes the sum of consumer and producer surplus. The same price is paid by all consumers, and the same price is received by all suppliers. The market price sends a signal to potential entrants whether or not it is economical for them to enter the market. If the market price is higher than prospective entrants’ average cost, they consider entering. If the market price is below incumbent firms’ average cost, those firms consider exiting (in the long run). All this constitutes Adam Smith’s famous “invisible hand” about the advantages of free markets. Not only does PJM operate this way, but so does every other commodity market in the world. This is literally Economics 101.
Despite this, the proponents of a Pennsylvania Power Authority claim the PJM “single clearing price” market is flawed. As Christie said during the 2009 hearings, “These clearing prices result in Pennsylvania coal and nuclear facilities receiving far more than the actual cost of production.”
In particular, power authority advocates also cite a study by Blumsack et al. (2008) that they contend implies that the PJM single price market increases electricity costs by 2 to 2.5 cents per kilowatt. But this is not what the report in question says. The Blumsack et al. report concludes that restructuring (not PJM) has increased the price-cost margin by 2 to 2.5 cents per KWh. This is not the same thing as saying prices rose. In particular, this result could be caused by (marginal) costs declining through efficiencies, as the research discussed above indicates has happened during restructuring. Further, this study has been subject to severe criticism. In particular, the study only uses data through 2005. Thus, it is not able to explain what happened to restructured markets after the energy price spike of 2008.
Part of the confusion appears to stem from power authority advocates not understanding the difference between marginal costs and fixed costs. This is especially important in the electricity sector. Baseload plants, such as coal, nuclear, and hydroelectric facilities, generally have low marginal costs and high fixed costs. “Peaking” plants, generally fueled by natural gas, have low fixed costs and high marginal costs. Firms operate their plants when the market price is above their marginal cost of production.