Both the nation and its citizens benefit tremendously from energy sources that are safe and reliable, as well as a marketplace that assures affordable rates. Energy in its various forms is a basic necessity of modern day life and is a critical element of our national infrastructure. The availability of reliable, safe and affordable energy is a matter of the highest public interest. Therefore, as an industry infused with the national and public interest, those who own and operate electric, gas, and nuclear facilities as well as those who produce raw energy resources do so with a public trust and responsibility. It is essential that all levels of government, local, State and Federal, exercise appropriate oversight of the production, sale and distribution of energy to assure affordable, safe, environmentally sound and reliable energy sources for all consumers.
Therefore, public and consumer ownership of utilities, consumer representation on utility regulatory agencies (see Consumer Representation), privacy protections (see Privacy), and environmental protections are key to a successful energy market. The National Consumers League believes that the following principles provide a framework for effective consumer protection (see Consumer Protection; Mergers and Acquisitions):
1. Reliability and Safety
2. Cost
3. Environmental Concerns and Conservation
4. Consumer Protections and Safety Nets
Reliability and Safety
“Reliability” suggests that we can be secure in the knowledge that the systems are in place so that energy sources will always be available for the consumer’s use: when we flip a switch, the lights come on; when we turn on our stove, the burner ignites; when we need transportation, the motor has fuel.
As energy systems shift from a local and state base to become more regional and national in nature, the responsibility for reliability and safety may need to shift. To assure reliability and safety, NCL supports:
1. Clearly defining local, state, and federal roles and responsibilities to ensure reliability and safety, including oversight, approval, and dispute resolution powers as well as consumer protection and education;
2. Establishing joint industry, federal or regional oversight and enforcement for interstate reliability and safety as appropriate, which may include mandatory minimum quality of service standards;
3. Developing rules and standards with transmission providers, transmission users, consumers, and other interested parties
4. Diversifying the mix of energy sources so that dependency on any one source is reduced. This should include increased focus on renewable technology and sources of fuel in addition to realizing the full potential of traditional coal, oil, gas, and nuclear resources, but should not require mandated energy portfolio standards;
5. Maintaining reserves, including bio-based renewable reserves, to ensure availability of required energy resources;
6. Retaining qualified workers with skills and experience.
Cost
For the average consumer, “cost” equates to “price.” And the watchwords in pricing are affordability and predictability. Both can be affected by reliability issues — consumers know from past “energy crisis” experience that diminishing supply quickly affects cost, making cost both unpredictable and unaffordable. But cost and price also are affected by other issues. Unregulated markets, for instance, appear more vulnerable to cost fluctuations due to market abuses. Regulated markets may appear slow to respond to passing on cost savings to consumers. Therefore, both regulated and unregulated markets must be monitored for cost issues. Also, the manner in which a market is moved from being regulated to unregulated can affect costs, so these processes must be watched carefully as well. NCL supports measures to:
1. Create or strengthen state and federal programs that monitor for abuse in the energy markets resulting in predatory pricing. In the electric and natural gas markets this should include monitoring and enforcement action regarding such events as unauthorized service billing (cramming) or switching customers to another supplier without permission (slamming). It also should include some oversight or appeal authority regarding contract abuses between consumers and providers, providers and other providers, and providers and other contractors.
2. Carefully consider cost effects of deregulating retail markets that presently are regulated. Many issues such as stranded costs, availability of suppliers other than the incumbent monopoly, and supply margins all impact the extent to which regulation or deregulation benefit consumers from a cost standpoint.
3. Develop standards and processes for government intervention when prices escalate out of control.
Environmental Concerns and Conservation
Some may argue that one “cost” of keeping prices low for consumers is to reduce efforts to produce energy while protecting the environment. NCL opposes such thinking as both shortsighted and harmful. We find consumers generally desire clean water, air, and land, and that they oppose the unnecessary harm of wildlife. We would argue that many environmental efforts,
such as conservation, have saved money for consumers. But even for those measures with some cost, consumers appear willing to pay for the long-term benefits that accrue in terms of health and quality of life. NCL supports both environmental protection and conservation through measures to:
1. Ensure enforcement of a strong Clean Air Act and Clean Water Act;
2. Increase financial support for programs to conserve energy and to increase
reliance on cleaner power sources;
3. Increase funding for research and development of alternative and renewable energy technologies, including: wind, solar, hydroelectric, biomass fuels, geothermal, advanced fossil fuel, fuel cells, and electric or gas transportation;
4. Make appropriate changes to building codes and efficiency standards at the local, state and federal levels to incorporate existing methods and especially new technologies as they become available;
5. Provide incentives for the development of efficient transportation methods such as vehicle fuel efficiency, renewable bio-based fuel vehicles, and mass transit;
6. Educate and provide incentives for consumers and property owners to use mass transit and conserve energy.
Consumer and Worker Protections and Safety Nets
To an extent that is perhaps unsurpassed in any other market, broad safety nets must be in place for consumers to ensure their protection and their access to essential and sometimes lifesaving energy services. NCL supports:
1. Adhering to the principals of Universal Service — ensuring that basic energy service is available to everyone no matter what their economic circumstances or where they reside:
2. Ensuring consumers have true choice in competitive markets:
3. Ensuring easy access to assistance for low-income consumers and those with critical needs;
4. Ensuring the continuation of traditional consumer protections, including: disconnection polices, repair access, and avenues for redress (See Consumer Protection);
5. Developing processes for providing service when the consumer’s primary provider is unable to do so;
6. Giving consumers adequate information to identify and gain access to safety net protections;
7. Providing adequate health and safety protections for energy sector workers;
8. When the workforce is reduced, retraining opportunities should be available to those who have lost their jobs (See Fair Labor).
––Adopted December 13, 2001