 |
Chapter
Two - STRUCTURE AND GOVERNANCE
2.0
INTRODUCTION
Nebraska
has a very diverse electric utility industry with one of the highest
numbers of individual electric systems in any state. This reflects
the deeply-rooted philosophy of local control and provides a basis
for a governance structure that allows consumer participation and
representation at both the local and state levels.
This
chapter examines the current structure and governance of Nebraska’s
electric utilities. The first section provides a profile of the
consumer base and electric rates. The second section describes the
types of utility systems and their organizational forms. The third
section describes how these systems are governed. The last section
describes related support organizations that many Nebraska utilities
belong to and that help shape their operations.
2.1
CONSUMERS AND ELECTRIC RATES
Consumers
are the economic and political cornerstone for the state’s
utilities. Their density and mix is reflected in cost of service
and their determinations as voters and participants in the public
process ultimately affect the policies and structure of the municipal
systems, public power districts and rural electric cooperatives
that serve them.
As
indicated in Table 2-1 below, 82 percent of Nebraska’s 835,905
metered consumers are residential. Nearly 13 percent are commercial
and approximately 5 percent are industrial, irrigation and miscellaneous
other types combined.1
| Table
2-1: Nebraska - Type of Customer |
| STATE
OF NEBRASKA - RETAIL |
Class
of Consumers |
No.
of Consumers |
%
of Consumers |
Energy
(MWH) |
%
of Sale |
Revenues
($ 1,000) |
%
of Revenue |
| Residential |
687,214 |
82.2 |
7,564,902 |
37.0 |
$482,306 |
43.5 |
| Commercial |
105,847 |
12.7 |
6,648,369 |
32.5 |
$339,276 |
30.6 |
| Industrial |
2,368 |
0.3 |
4,775,113 |
23.4 |
$188,115 |
16.9 |
| Irrigation |
31,569 |
3.8 |
749,624 |
3.7 |
$61,504 |
5.5 |
| Other |
8,907 |
1.0 |
692,219 |
3.4 |
$39,049 |
3.5 |
| Total |
835,905 |
100.0 |
20,430,227 |
100.0 |
$1,110,250 |
100.0 |
| Source:
LR 455 Survey |
Nebraska’s
customers can also be categorized as 81 percent "urban"
and 19 percent "rural" if classified as served by predominantly
"urban" or predominantly "rural" systems as
indicated in Table 2-2 and Table 2-3 below.*
*
It is important to note that "urban" and "rural"
distinctions are made in the context of a geographic region in
which a village of 500 residents may be considered "urban"
for electric service purposes. It is also important to note
that "urban" systems may serve rural customers and vice
versa.
| Table
2-2: Predominantly "Rural" Systems |
| RURAL
- RETAIL |
Class
of Consumers |
No.
of Consumers |
%
of Consumers |
Energy
(MWH) |
%
of Sale |
Revenues
($ 1,000) |
%
of Revenue |
| Residential |
118,245 |
72.9 |
1,671,513 |
49.8 |
$103,864 |
49.2 |
| Commercial |
12,796 |
7.9 |
399,309 |
12.0 |
$24,174 |
11.5 |
| Industrial |
373 |
0.2 |
554,208 |
16.5 |
$23,892 |
11.3 |
| Irrigation |
29,163 |
18.0 |
707,255 |
21.1 |
$57,752 |
27.3 |
| Other |
1,615 |
1.0 |
21,674 |
0.6 |
$1,581 |
0.7 |
| Total |
162,192 |
100.0 |
3,353,959 |
100.0 |
$211,263 |
100.0 |
| Source:
LR 455 Survey |
| Table
2-3: Predominantly "Urban" Systems |
| URBAN
SYSTEMS - RETAIL |
Class
of Consumers |
No.
of Consumers |
%
of Consumers |
Energy
(MWH) |
%
of Sale |
Revenues
($ 1,000) |
%
of Revenue |
| Residential |
568,969 |
84.4 |
5,893,389 |
34.6 |
$378,442 |
42.0 |
| Commercial |
93,051 |
13.8 |
6,249,060 |
36.6 |
$315,102 |
35.1 |
| Industrial |
1,995 |
0.3 |
4,220,905 |
24.7 |
$164,223 |
18.3 |
| Irrigation |
2,406 |
0.4 |
42,369 |
0.2 |
$3,752 |
0.4 |
| Other |
7,292 |
1.1 |
670,545 |
3.9 |
$37,468 |
4.2 |
| Total |
673,713 |
100.0 |
17,076,268 |
100.0 |
$898,987 |
100.0 |
| Source:
LR 455 Survey |
While
consumers in the state’s predominantly rural systems make
up 19 percent of the consumer base, they use less than 17 percent
of total energy (3,353,950 MWH). However, they contributed 19 percent
of total revenues ($211,263,000). This reflects the fact that their
density per mile of line is lower and their cost of service and
rates are higher. It is also important to note that rural utilities’
residential customers average usage is meaningfully higher than
residential customers in urban utilities - indicating higher monthly
bills for the average rural family. Although not indicated here,
it is also important to note that irrigation sales are more prevalent
in Nebraska than other states and that rural customer density per
mile of distribution line is lower compared to national data for
other rural areas.
Consumers
in predominantly urban systems make up 81 percent of the consumer
base, use approximately 83 percent of the state’s electricity
and contribute 81 percent of total revenues ($898,987,000). Of this
urban system total, residential consumers use 34.6 percent; commercial,
36.6 percent; and industrial, 24 percent.
The
total statewide energy sales to residential, commercial and industrial
customers in Nebraska for 1995 were 37 percent, 33 percent and 23
percent, respectively, not including irrigation and miscellaneous
other categories. As indicated above, the respective payments are
made by customers reflect the varied rates charged to each customer
class. Based on "cost-of-service" formulas, larger customers
generally have lower cost-of-service per kilowatt hour of consumption.
Residential customers tend to have a higher cost-of service. (Rural
customers tend to have the highest cost-of-service because of their
lower density.) In view of their greater numbers for consumption
and cost, residential customers contributed 43 percent of revenue
paid by all customer classes. Commercial and industrial customers
followed with about 31 percent and 17 percent of revenues, respectively.
All customers paid a total of $1.1 billion for electric service
in 1995.
Despite
the relatively low level of industrial sales and a low customer
density in much of the state, Nebraska’s average electric
rates compare very favorably to the region and the nation. This
finding holds for both Nebraska urban and rural utilities, as well
as small and large systems.
| Table
2-4: Comparative Average Energy Costs (Cents/kWh) 1995 |
| ELECTRIC
ENERGY COSTS (Cents/kWh) |
|
ALL
SYSTEMS |
RURAL
SYSTEMS
|
| Class |
NEB. |
U.S. |
REGION |
NEB. |
U.S. |
REGION |
| Residential |
6.4 |
8.4 |
7.5 |
6.2 |
7.6 |
7.4 |
| Commercial |
5.1 |
7.7 |
6.2 |
6.1 |
-- |
6.6 |
| Industrial |
3.9 |
4.7 |
4.3 |
4.3 |
-- |
4.6 |
| Irrigation |
8.2 |
-- |
-- |
8.2 |
-- |
8.6 |
| Total |
5.4 |
6.9 |
6.1 |
6.3 |
7.3 |
6.9 |
| Sources:
LR 455 Survey; DOE EIA Form 861; National Rural Utility Co-op;
Finance Corp., 1995 Annual Report |
On
an aggregate basis for all classes in 1995, Nebraska utilities were
22 percent below national prices and 12 percent below regional prices.
In the rural sector, Nebraska systems were 13 percent below national
rural rates and 9 percent below regional rural rates. The range
of average prices for individual Nebraska systems extends from four
systems with average kilowatt hour charges below four cents to six
systems with charges above eight cents. Chart C2-1 indicating this
range.
Chart
C2-1

State
average = 5.4 cents/kWh (Survey & EIA)
2.2
ELECTRIC UTILITY ORGANIZATIONS AND STRUCTURE
Electric
systems serving consumers living in rural areas and the state's
536 cities and villages have entered into 395 electric service territory
agreements. Retail electric service is provided to these service
territories by three primary types of utilities: municipal electric
systems, public power districts and rural cooperatives. Additional
entities provide wholesale power to these utilities and help to
coordinate their operations. In total there are 171 entities providing
retail or wholesale electric service in Nebraska:
121
- Municipal Systems
32 - Public Power Districts
15 - Rural Cooperatives (11 distribution and 4 G&T)
1 - Public Power and Irrigation District
1 - Municipal Joint Action Agency
1 - Federal Agency (Western Area Power Administration)*
*
WAPA supplies a significant portion of the state’s power through
various agencies. WAPA does not serve at retail.
These
diverse consumer-owned systems are governed by locally elected or
appointed boards.** The local boards oversee rates, quality of service
and operations. This contrasts greatly with the electric industry
as it is organized in other states. For consumers in most states,
electricity is supplied predominantly by private electric companies
under the oversight of state regulatory commissions. On average,
only one-quarter of all customers in other states are served by
consumer-owned systems (public power systems and rural cooperatives)
with wide variation ranging from Hawaii with no consumer-owned service,
to Tennessee with 98 percent of consumers served by consumer-owned
systems. Parallel to this average state ratio of public-to-private
service, private utilities produce and sell approximately three-quarters
of the nation’s power and own and control much of the nation’s
primary transmission lines. (See Table 2-5 for a national profile
of electric utility organizations.)
**
The term "consumer-owned" systems is applied collectively
to municipal, rural cooperative and public power district utilities,
as differentiated from private investor-owned utilities.
| Table
2-5: U.S. Electric Utility Organizations, 1995 |
Utility
Type |
Publicly
Owned Systems |
Cooperative
Systems |
Federal
Power Agencies |
Investor-Owned
Systems |
Total |
| No.
of Electric Utilities |
2,020
(63%) |
931
(29.0%) |
10
(0.3%) |
244
(7.7%) |
3,205
(100%) |
| No.
of Ultimate Customers (meters) |
16,133,632
(13.7%) |
12,936,019
(11.0%) |
30,302 |
88,727,332
(75.3%) |
117,827,285
(100%) |
| Sales
to Ultimate Customers (million kWh) |
431,546
(14.3%) |
239,921
(8.0%) |
49,501
(1.6%) |
2,292,442
(76.1%) |
3,013,410
(100%) |
| Electric
Revenue ($1,000) |
25,983,724
(12.5%) |
16,599,590
(8.0%) |
1,331,411
(0.6%) |
163,816,776
(78.9%) |
207,731,501
(100%) |
| Generation
(million kWh) |
323,719
(10.8%) |
170,803
(5.7%) |
275,928
(9.2%) |
2,234,041
(74.3%) |
3,004,491
(100%) |
| Installed
Capacity (1,000 kW) |
88,378
(11.9%) |
32,328
(4.3%) |
67,194
(9.0%) |
558,054
(74.8%) |
745,954
(100%) |
| Source:
American Public Power Association, Public Power, Annual Statistical
Issue, Jan.-Feb., 1997; DOE EIA Form 861, 1995. |
2.2.1
Profile of National and Regional Utility Organizations
The
nation’s public power, rural cooperative, federal and private
investor-owned electric utilities noted in Table 2-5 are organized
into nine regional electric reliability councils. Nebraska utilities
are part of the Mid-Continent Area Power Pool (MAPP) reliability
council which covers the geographic region including Nebraska, South
Dakota, North Dakota, eastern Montana, Minnesota, western Wisconsin,
Iowa and parts of Saskatchewan and Manitoba. The MAPP organization
is responsible for setting policy and coordination to assure reliable
power flows in the region. MAPP is governed by a board of owners
and users of the region’s transmission system, including newly
emerging power marketers, The role MAPP would play in a competitive
market system, and the timing and nature of its policies could have
a substantial effect on Nebraska’s electric systems. (See
sections 3.2.4, 6.2.1 and 6.2.2 for additional detail on MAPP and
its possible role in competitive retail markets.)
| Table
2-6: Mid-Continent Area Power Pool Region Electric Utilities,
1995 |
Utility
Type |
Publicly
Owned Systems |
Cooperative
Systems |
Investor-Owned
Systems |
Total |
| Number
of Ultimate Customers |
1,418,590
(25.39%) |
1,149,940
(20.59%) |
3,017,596
(54.02%) |
5,586,126
(100%) |
| Sales
to Ultimate Customers (Mwh) |
34,110,867
(25.36%) |
20,019,636
(14.89%) |
80,364,536
(59.75%) |
134,495,039
(100%) |
| Source:
American Public Power Association; DOE EIA. |
Table
2-6 shows that in the MAPP region in 1995, investor-owned systems
had more than twice as many customers as public power systems and
nearly three times the number of rural cooperative customers. In
keeping with the national profile of investor-owned utilities providing
a majority portion of electric sales, MAPP’s private utilities
have the largest share of sales to customers at just under 60 percent.
However, the MAPP region’s total sales by consumer-owned systems
(both public power and rural electric cooperatives) at approximately
40 percent is substantially higher than the national average of
25 percent.
2.2.2
Nebraska’s Electric Systems
The
171 entities serving Nebraska are organized under state statute,
by voluntary coordinating bodies and associations and by contractual
relationships. Chart C2-2 below shows the power flows and the interrelationships
of the various systems. Nebraska’s three largest utilities
(Nebraska Public Power District, Omaha Public Power District and
the Lincoln Electric System) serve about 60 percent of the state’s
retail customers. The remaining 40 percent are served by a mix of
smaller public power districts, municipal systems and rural electric
cooperatives. The text below describes each of these types of electric
systems.2

Chart
C2-2: Nebraska Power Flows - 1997
2.2.2.1
Municipal Electric Systems
Nebraska
has 121 municipalities that own and operate their electric systems,
59 of which own generating facilities. Most of the power provided
to the municipals flows under contract from the public power districts,
Western Area Power Administration, a joint action agency or municipal
generating plants. The majority of the 121 municipals are supplied
by public power districts. As is common with municipal electric
systems elsewhere across the country, Nebraska’s municipal
systems function primarily as distribution utilities whose main
focus is metering, billing and operation and maintenance of the
distribution lines. These municipal electric systems can be divided
into three groups; one very large municipality; a group of first
class cities and/or those owning generation; and a group of smaller
municipalities. The municipal electric systems, in total, serve
approximately one-third of the state’s consumers.
Lincoln
Electric System (LES) is the largest municipal with 100,315 customers,
approximately 12 percent of the state’s total customers. LES
serves a 190 square-mile service territory in Lincoln, Waverly and
the surrounding area. LES owned 271 MW of generation facilities
and had participation purchases from NPPD plants of 267 MW and WAPA
purchases of 109 MW in 1995. The fuel mix for the system in 1995
was 64 percent coal, 16 percent nuclear, 4 percent hydro, 0.4 percent
oil/gas and 15 percent wholesale purchase. In addition to its generating
capacity, LES operates more than 1,567 miles of transmission and
primary distribution lines and has major interconnections with NPPD,
OPPD, Mid-American, MAPP and the Southwest Power Pool. The system
has more than 400 employees.
2.2.2.2
Public Power Districts
There
are a total of 32 public power districts formed under the authority
of the Enabling Act as political subdivisions of the state. These
include systems serving about half the state’s total retail
customers in both urban and rural areas. Nebraska’s public
power districts may be separated into two distinct groups. The first
group consists of generation, transmission and distribution systems
that are vertically integrated and sell power at wholesale as well
as retail. This includes the three largest power districts: Nebraska
Public Power District, Omaha Public Power District and Loup River
Public Power District.
2.2.2.3
Nebraska Public Power District (NPPD)
The
Nebraska Public Power District is the state’s largest electric
utility, with a chartered territory including all or parts of 91
of Nebraska’s 93 counties. It was formed on January 1, 1970
by merging the Consumers Public Power District, Platte Valley Public
Power and Irrigation District and the Nebraska Public Power System.
It leases and operates distribution systems for retail service in
207 towns and villages and sells to 110,119 retail customers (more
than 13 percent of the state’s total customers). In addition,
it provides wholesale electric supplies to 48 towns and 24 rural
public power districts and one rural electric cooperative. NPPD
also operates a surface water irrigation system.
The
NPPD electrical grid system is comprised of about 6,200 miles of
transmission and subtransmission lines, which helps deliver power
at wholesale and retail to a population of more than one million.
In addition to this grid that spans the state, NPPD has major transmission
interconnections with other Nebraska utilities, as well as with
utilities in the Mid-Continent Area Power Pool and the Southwest
Power Pool. NPPD uses a mix of generating facilities to meet the
needs of its customers. This includes a nuclear plant, two coal-fired
steam plants, ten hydro facilities, nine diesel plants and three
gas-fired peaking units producing a total of approximately 2,700
MW. NPPD also purchases electricity from the Western Area Power
Administration. The average mix of fuel to supply NPPD’s customers
in a typical year is 60 percent from coal, 23 percent from nuclear,
15 percent from hydro and 2 percent from gas or oil.
In
1995, NPPD sold 11.7 million MWh at wholesale and 2.8 million MWh
at retail. Its total 1995 revenues were approximately $550 million.
NPPD made lease payments and gross revenue payments in excess of
$21 million on $162 million of retail sales. NPPD has 2,100 employees.
2.2.2.4
Omaha Public Power District (OPPD)
Omaha
Public Power District was organized in 1946 as a political subdivision
of the state and purchased the equipment and operations of the Nebraska
Power Company. In 1965 OPPD underwent significant expansion through
consolidation with Eastern Nebraska Public Power District.
The
Omaha Public Power District is the largest retail electric utility
in Nebraska, serving more than 272,000 customers, 32 percent of
the state’s total customer base. OPPD operates in a 5,000
square mile chartered service area with a population of 626,000.
In addition to the city of Omaha, the utility serves 51 towns as
well as the surrounding farm areas in thirteen southeast Nebraska
counties and Carter Lake, Iowa.
OPPD
owns and operates 2,033 MW of generation and 12,870 miles of electric
lines. It has major transmission interconnections with other utilities
in the state, as well as with utilities in the Mid-Continent Area
Power Pool and the Southwest Power Pool. In 1995 OPPD used a mix
of generating facilities to meet the needs of its customers. This
included six coal-fired steam units, a nuclear unit and five oil/gas-fired
combustion turbine units. The mix of fuel used for generation in
1995 was 65.8 percent coal, 33.7 percent nuclear and 0. 5 percent
oil/gas. OPPD also purchases power from the Western Area Power Administration.
In
1995, OPPD sold more than 7.9 million MWh of electricity, had revenues
of more than $420 million and contributed $15,499,000 of in-lieu-of-tax
and gross receipts tax payments. OPPD has 2,231 employees.
In
addition to these two large public power districts, a second grouping
of power districts operates only distribution systems for retail
power sales. All but one of these (Imperial) is a rural electric
system.
2.2.2.5
Rural Distribution Districts
There
are 39 rural electric systems operating in Nebraska, 37 of which
have certified service areas. Altogether they serve some 170,000
farmers and ranchers (20 percent of the state’s total customer
base) and approximately 200 of the state’s smaller communities.
Twenty-eight of these systems are organized as power districts and
eleven are cooperatives or non-profit corporations. They range in
size from Southern Nebraska Rural Public Power District with 18,789
customers and annual revenues of more than $23 million down to Chimney
Rock Public Power District with 2,331 customers and annual revenues
of $2.8 million. They receive power through wholesale all requirements
contracts from different suppliers as noted in Chart C2-2.
2.2.2.6
Cooperatives
There
are two different types of electric cooperatives: generation and
transmission cooperatives and rural distribution cooperatives. Eleven
rural distribution cooperatives serve 18,646 consumers (slightly
more than two percent of the customer base) in Nebraska. They range
in size from Niobrara Valley EMC with 4,757 customers to NCK Electric
Co-op of Belleville, Kansas that serves 8 customers in southern
Nebraska. Of the 11 rural distribution cooperatives, only three
are headquartered in and serve only the state of Nebraska. The electric
cooperatives have total combined revenues of $35.9 million. They
are all members of one of the G&T Cooperatives described below
and indicated on Chart C2-2.
The
generation and transmission cooperatives provide wholesale power
and transmission services to their membership, usually consisting
of rural distribution cooperatives and rural power districts. There
are four generation and transmission cooperatives that have significant
operations in or affecting Nebraska systems. They are: Nebraska
Electric G&T, which serves 22 rural power districts and one
cooperative; Tri-State Generation and Transmission Association,
which is headquartered in Colorado and serves four public power
districts and seven cooperatives located in western Nebraska; Rushmore
Electric Power Cooperative, which is headquartered in South Dakota
and serves two South Dakota-based rural systems that have customers
in north-central Nebraska; and Basin Electric Power Cooperative,
which is headquartered in North Dakota and is part owner and operator
of the Laramie River generating plant. Basin maintains 147 miles
of transmission lines in Nebraska for the Missouri Basin Power Project
and provides wholesale service to the Tri-State and Rushmore G&Ts.
(See Chart C2-2).
2.2.2.7
Municipal Energy Agency of Nebraska
The
Municipal Energy Agency of Nebraska (MEAN) is a joint action agency
providing wholesale power supply and support services to 46 Nebraska
members. MEAN was established in 1981 following passage of the Municipal
Cooperative Financing Act by the legislature. The act encouraged
cities and villages to work together to supply, treat and distribute
water, generate, transmit and distribute electric power and energy;
and other services. MEAN was created to help communities cooperate
in financing, acquisition and operation of electric facilities and
power supplies. MEAN currently provides electricity under wholesale
contracts to 58 communities: 10 in Colorado, one in Wyoming and
one in Kansas, in addition to the Nebraska members. These cities
combined serve about 250,000 customers at retail. MEAN’S 46
Nebraska members serve 86,872 customers. In 1995 MEAN sold 1 million
MWh and had revenues of $33.5 million.
2.2.2.8
Central Nebraska Public Power and Irrigation District
Although
this system in south central Nebraska exists primarily for water
management and irrigation, its four hydroelectric plants produce
power sold at wholesale to NPPD for distribution to electric customers.
Water flowing through Central’s system can generate up to
104,000 kilowatts of electricity. In 1995 Central Nebraska sold
378,922 MWh at wholesale for total revenues of $9.6 million.
2.2.2.9
Western Area Power Administration (WAPA)
Western
Area Power Administration (WAPA) is a federal wholesale supply agency
providing service to consumers in 15 western states, including Nebraska.
WAPA markets and transmits low-cost electric power, provides related
services and encourages energy efficient management. Hydroelectric
power is marketed from 55 power plants operated by the Bureau of
Reclamation, the U.S. Army Corps of Engineers and the International
Boundary and Water Commission. All of Nebraska’s customers
benefit from WAPA power either directly or indirectly as indicated
on Chart C2-2.
2.3
GOVERNANCE OF CONSUMER-OWNED SYSTEMS IN NEBRASKA
The
power flow and contractual relationships between the systems are
guided by a process of public governance. This governance takes
place at several levels based on statutory and regulatory powers
of state and local government discussed in Chapter 3. The scope
of governance is also affected by operational and jurisdictional
forces at the regional and federal levels.
Generally,
the locally controlled framework relies upon consumers/citizens
represented on elected or appointed boards. These board members
may serve as directors of a municipal system, a public power district
or a rural cooperative. Access to board members, management, utility
offices and board meetings is important to consumer participation.
Voters may also petition for certain issues to be placed on the
ballot as referenda questions.
Public
governance also relies on representation in the state legislature
and oversight by the Power Review Board and other agencies for specific
issues. The opportunity for citizens to participate in these arenas
is vital to the policy-making and structure of the systems. The
ability to participate often depends upon access to information
and the ability to analyze or to hire specialists to analyze technical
issues.
The
process of governance varies by type of system.
2.3.1
Local Government Franchise or Lease
Local
franchises or leases and the retail service territory provide the
base level of the governance system. The Power Review Board recognizes
some 395 retail service territories agreements in the state. NPPD
leases and operates distribution systems in 207 municipalities.
Other municipalities franchise their service territory to public
power districts, cooperatives or other municipal systems. Local
control for the leased or franchised municipalities that do not
operate their own distribution systems is through the terms of the
agreements.3
Determinations
on the terms of the agreements are made by the local governing body.
Most of the cities have a mayor-council form of government while
exceptions like Nebraska City have a commissioner form of government
and several others use the council-manager form. Each village is
governed by a five-member Board of Trustees. Nebraska’s Constitution
grants the option of home rule to cities with more than 5,000 residents,
meaning they may operate under their own government charters and
may enjoy broader powers and authorities. Although public power
districts, municipal systems and cooperatives all offer forms of
local control, there are distinct differences in those forms. (See
the descriptions below and Table 2-7 for an outline of the differing
mechanisms for consumer or local control.)
2.3.2
Municipal Electric Systems
Municipal
electric systems are established by local voters and their elected
officials in an act that constitutes a self-franchise to undertake
electric service. All 121 municipal electric utilities in Nebraska
are locally regulated by the city council or village board (12 have
boards appointed by the city council and mayor). These boards set
rates, oversee quality of service and make financing and budget
decisions. The boards often operate in coordination with the city
or village council. Lincoln Electric System, for example, has a
nine-member administrative board that oversees operation of the
system. The city council, however, retains the right to approve
rates, budgets and financing. Meetings of municipal utility system
boards are subject to open meeting laws and public records requirements.
Major policy issues regarding the electric utility can be brought
to voters as referenda questions in general elections.
2.3.3
Public Power Districts
Each
public power district is governed by an elected board of directors.
Directors serve for a term of six years and there is no limit on
the number of terms which can be served. The boards must have at
least five members and no more than 21. Persons running for the
board of a PPD having annual revenues of $40 million or more appear
on the primary election ballot. Directors of all PPDs are elected
in the general election in November.
The
public power district boards provide the governance for the system,
overseeing decisions on budgets, power supply, rates and other policies,
Board membership is not a full-time job. Each board appoints a chief
executive officer who manages the district’s affairs, as directed
by the board. Board members can be paid for their services and are
reimbursed for expenses as specified under state statutes. As political
subdivisions of the state, the public power districts are subject
to open meeting laws and public records requirements.
| Table
2-7: Governance of Utility: Mechanisms for Local Control |
| |
PPD |
Municipal |
Joint
Action |
Distribution
Co-op |
| Election
of Directors |
Public
ballot (1) |
Public
ballot (2) |
Private
(4) |
Private
(3) |
| Open
Meetings |
Required |
Required |
Required |
Not required |
| Public
Records |
Required |
Required |
Required |
Not
required |
| Referenda
on Major Issues |
Limited
(5) |
Yes |
No |
Limited
(6) |
(1)
See description contained in Section 2.3.3. (2) See description
contained in Section 2.3.2.
(3) See description contained in Section 2.3.4. (4) Directors
are appointed by member cities and towns.
(5) Statewide referenda may address all PPDs, but there is no
established process for an individual PPD.
(6) Those organized as private non-profit organizations may have
referenda if determined by directors.
2.3.4
Rural Electric Cooperatives
Three
of the eleven rural distribution cooperatives noted above are based
in Nebraska. These rural cooperatives are governed by boards of
directors elected at annual meetings of their member/consumers.
Candidates do not appear on the general election ballot like public
power district board candidates. Board members are reimbursed for
expenses and may receive compensation for their service on the board,
but the form and amount of that compensation is determined by the
board rather than state statutes. Because the rural distribution
cooperatives are organized under laws for non-profit organizations
they are not subject to the same statutory requirements as municipal
and public power district systems. Open meeting laws and public
records requirements do not apply to cooperatives.
2.3.5
Nebraska’s Governance Contrasted with Governance In Other
States
The
structure of governance in all states utilizes a mixed form of state-and-local
regulation of electric utilities. In most states, served predominantly
by private electric utilities, the balance of this control resides
at the state level. The legislature maintains oversight and legislative
authority, but policy making and direct regulatory control is delegated
to a state agency or public utilities commission. The commission
has responsibility for rate setting and implementation of a range
of uniform requirements from standard record-keeping to approval
of forecasts and investments in facilities. Private electric utilities
are managed by directors who are privately appointed or elected.
They are motivated by goals of maximizing profits and providing
reliable service. State regulatory commissioners, who may be either
elected or appointed, have the contradictory task of protecting
the interests of both stockholders and consumers. States in which
regulatory commissions are judged to be pro-consumer by financial
analysts can witness a rise in the cost of capital as the ranking
of the commission is downgraded and investors seek to gain rewards
for risk or protect investments. This judgment by financial analysts
acts as a check or restraint on the actions of regulatory commissions.4
In
Nebraska, consumers are both customers and owners of the systems.
There is not the same underlying drive to expand sales and profits
that characterizes the private power companies and consumers elect
their utility directors in most cases. The structure is still a
mixed local-and-state system of regulation, but the primary authority
is delegated to the local level. Rate-making by local entities is
based on non-profit cost-of-service. Many of the problems and disputes
concerning rate-setting and policy making may be similar to those
of private utilities, but the tensions and conflicts may be addressed
locally (unless the dispute is taken to the Power Review Board or
to the court system). While this system offers greater opportunities
of direct consumer control over rates and policies, it does not
establish the same type of uniformity in policies. The disparity
in the types of services that are utilized, or may be allowed by
public power districts, municipal systems, cooperatives and others
are indicated in Tables 3-l and 3-2 in the next chapter. The establishment
of competition would require policies to address issues related
to a uniform playing field.
The
lesser relative scope of jurisdiction and authority of the Power
Review Board and other state regulatory agencies in Nebraska places
greater oversight responsibility on the legislature. As a result,
the Nebraska Legislature has taken a much more active role as an
oversight body than legislatures in other states. The periodic studies
that have been undertaken by the legislature, and its ongoing involvement
in the evolution of the industry in Nebraska are unparalleled in
other states which often rely primarily on state regulatory agencies
for policy leadership. While one might question the ability of the
legislature to provide the same degree of attention to statewide
utility matters as provided by full time regulatory commissions
in other states, it is significant to note that the current surge
of interest in deregulation and competitive markets in other states
is based in part on the perception that state regulation has failed
in its mission to protect consumers and to keep rates down. (See
Chapter 3 for additional information on regulatory and jurisdictional
issues.)
2.4
SUPPORTING ORGANIZATIONS
Most
of Nebraska’s electric utilities belong to various support
organizations that provide services difficult for the utilities
to economically provide for themselves, or offer a forum for addressing
issues of common interest. Some are state-level organizations and
some are regional or national organizations.
The
three primary statewide organizations are:
2.4.1
Nebraska Power Association (NPA)
The
Nebraska Power Association is the statewide umbrella organization
for the consumer owned systems. It is headquartered in Lincoln with
administrative support provided by LES. Various subcommittees of
NPA coordinate the industry’s response to federal and state
legislation and regulations and also work directly with the Power
Review Board to complete statutorily-mandated power supply, transmission
and energy conservation studies. The two organizations below are
members.
2.4.2
Nebraska Rural Electric Association (NREA)
The
Nebraska Rural Electric Association (NREA), headquartered in Lincoln,
was formed in 1936 and currently has 32 rural electric cooperatives
and public power districts which are members. The purpose of the
association is to provide job training, safety education, assistance
with government regulatory compliance, legal support, government
relations and community and other services to support staff and
operations.
2.4.3
Nebraska Municipal Power Pool (NMPP)
The
Nebraska Municipal Power Pool (NMPP) is the sister organization
to the Municipal Energy Agency of Nebraska (MEAN). NMPP was incorporated
in 1975 for the purpose of identifying, evaluating and resolving
problems common to and shared by the membership of NMPP, or any
portion of such membership, and relating to the energy needs of
NMPP’s members. NMPP consists of 129 members in the Midwest.
In
addition to these statewide organizations there are both regional
and national organizations that help to address larger issues affecting
the operation and policies of the Nebraska systems. These include
the Mid-Continent Area Power Pool, the Missouri Basin Systems Group,
the Mid-West Electric Consumers Association, American Public Power
Association, National Rural Electric Cooperative Association, the
Large Public Power Council, the National Rural Utilities Cooperative
Finance Corporation and the National Rural Telecommunications Cooperative.
2.5
SUMMARY AND EMERGING ISSUES
Guided
by the principles of local control and low-cost service, Nebraska
is served by more individual electric systems than nearly any other
state and currently enjoys an average electric rate that was 11th
lowest in the nation in 1995. However, the industry’s structure
and its local governance could face an undetermined degree of change
to address the pressures of a competitive market environment. This
prospect gives rise to fundamental questions:
- What
would the options for structure and governance be in a competitive
market system? For generation? For transmission? For distribution?
- Would
these competitive market system options assure lower rates and
price stability for the long term for all classes and types of
consumers?
-
Would these options allow for continued control by consumers at
the local level?
- What
would the impacts be upon existing contracts and cooperative relationships?
- What
changes would be needed to address issues related to a level playing
field for provision of diverse services to consumers?
Alteration
of the structure and governance of Nebraska’s electric systems
could require changes in the state’s statutory and regulatory
framework. The following chapter examines the framework as it currently
exists.
Chapter
One - HISTORY
Chapter Three - STATUTORY AND REGULATORY
OVERSIGHT
Chapter Four - PLANNING AND OPERATIONS
Chapter Five - FINANCE AND TAX
Chapter Six - DEREGULATION AND
RESTRUCTURING
Chapter Notes
Glossary |
 |