FERC Stonewalls Schumer. No New Info After FERC Talks. Demands Redress

 


WPCNR THE POWER NEWS. By John F. Bailey. September 18, 2008: In a 6-page news release dated yesterday, but not released until sometime midday today, New York Senator Charles Schumer offered little new details of the Lake Erie “Roundabout” “scam,” as the Senator phrases it,  from his meeting with Joseph Kelliher, Chair of the Federal Energy Regulatory Commission Wednesday on the dimensions of the Lake Erie “Roundabout” electricity routing the first seven months of 2008.


Schumer  after an meeting of undisclosed duration with Mr. Kelliher, gave  no estimate of the full cost to the New York consumer of the practice of energy brokers contracting for  Lake Erie routing electricity through Ontario, Michigan Ohio and Pennyslvania, but actually the juice being routed direct through New York State resulting in untold overcharges to all New York consumers, residential, municipal and commercial.


The Senator, called for an effort “to seek full redress for New York consumers,” repeated his proposal that the Federal Energy Regulatory Commision investigation now being conducted “non-public,” be “thorough and public”. The release gave no indication of what Mr. Kelliher’s reaction to that request by the Senator was.



The Senator asked Kelliher, the release states, “permanently close potential market loopholes,” and “increase market monitoring.” Schumer said he would follow up with legislation, if necessary.  The complete text of the Senator’s release may be read at http://schumer.senate.gov/SchumerWebsite/pressroom/record.cfm?id=303187


WPCNR called the Senator’s Press Office for what answers Mr. Schumer had on these matters left in the air, not covered in today’s “release:”


1.       When would Mr. Kelliher and FERC make public the extent of the overcharges, what firms engaged in the practice, how much profit they made, how many times they executed such “trades,”


2.       Was the practice of advantageous contract routings a national practice?


3.       When did Mr. Kelliher promise more information, if he did?


4.       How long will Senator give FERC to come up with answers?


5.       What Mr. Kelliher told Mr. Schumer. (Kelliher is not quoted in the release.)


6.       Will Senator Schumer initiate a Congressional Investigation into national electricity energy contracts where firms, FERC and NYISO representatives would testify under oath.


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As of 3 P.M. WPCNR awaits the press office response to these questions. Asked if WPCNR could e-mail the questions to the Senator’s press office, WPCNR was told by the press office “We (the press spokespeople) are not allowed to give out e-mail addresses.” Asked why, since the vast majority of press offices WPCNR deals with often request questions in e-mail form, the press spokesperson manning the phones in the Senator’s Washington office said, “That’s the protocol the Senator has in place.”

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Tolchin: County Budget To Be Released November 14– Cuts Considered.

WPCNR COUNTY CLARION-LEDGER. From the Westchester County Department of Communications. September 18, 2008: WPCNR contacted Susan Tolchin Chief Advisor to Westchester County Executive Andrew Spano Thursday, asking the latest trends in County Mortgage Tax Collections (down 33% in July), and Sales Tax Collections (off about 3% about a month ago), and how they might affect the $1.8 Billion county budget.


Ms. Tolchin has issued this statement to WPCNR Thursday:


Budget revenues are brought to the Board of Legislators every quarter. The third quarter forecast will not be ready until we get September figures. I can answer your questions on revenues when the forecast is completed.


Concerning the budget cuts, we are well aware of these tough economic times and all budgets have been and are still being reviewed for cuts and money saving intiatives. Every aspect of the county budget is being looked at. It is a process that has been going on for some time, not just because of the latest Wall Street news. The budget will be released on November 14th.

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NYISO-FERC Failure to Stop Overcharges Fast Cost Mr./Mrs. NY Mystery Millions

WPCNR THE POWER NEWS. By John F. Bailey. September 18, 2008 UPDATED 1 P.M. EDT: The Executive Director of the New York Municipal Power Agency representing 36 small-to-medium munipalities in the state told WPCNR Thursday that his Agency calculation of $100 Million (estimated by NYISO as $400 Million to power suppliers statewide, passed on directly to residential and commercial users) represented only one month’s overcharges directly related to the long-way—around Lake Erie electrical contracts. He said the NYISO figure of $400 Million was also only one month’s overcharges generated, in part, by the Lake Erie “roundabout” contracts.


The revelation raises the possibility, as yet uncommented upon by NYISO and FERC, that consumers paid $800 Million our untold millions more, pending on the loads of electricity and kilowatt hour charges they paid over the 8 Months plus  the Lake Erie option was available.  



The practice of electrical contractors of routing electric power contracts by delivery counter-clockwise around the Lake, Robert Mullane, Executive Director of the New York Municipal Power Agency, first started to be noticed by the cities in his organization in December, 2007. In May, 2008,  the only month his  36 member-cities have figures, the overcharges amounted to $100 Million. Mullane does not know what the NYISO overcharges were for June, July. 


Multiplication of the NYISO  calculation for the entire state of overcharges for  May of $400 Million, (a hot month), before the high energy demand months of June, July and August gives  total overcharges for the state over 8 months of  roughly $3.2  Billion – but the real figure is not known Mullane said.  


“Only NYISO has the figures,” Mullane told WPCNR Thursday. Mullane said NYISO has ballparked the statewide loss at $400 Million (for one month).


Mullane comfirmed what Con Edison told WPCNR Wednesday that overcharges, possibly stemming substantially from the Lake Erie “roundabout” contracts, had declined substantially.


Mullane said his organization was unaware the Lake Erie routing had been used in the past (2003), as reported by DC Energy to WPCNR Wednesday.   That routing maneuver resulted in overcharges to the Pennsylvania and New Jersey markets.  Mullane said he would have his legal staff look into that.


Schumer Mum. Quotes NYISO Documents in Press Release.


Meanwhile, Senator Charles Schumer’s office has not released any information on Senator Schumer’s meeting with Joseph Kelliher, the Chair of the Federal Energy Regulatory Commission, Wednesday morning, despite repeated questions from WPCNR for preliminary statements as where the Senator’s call for an “open and public investigation” is going.


A Schumer Office press release is being prepared WPCNR was told late Wednesday afternoon and is still unreleased as of high noon Thursday.


Schumer’s press office said Wednesday that the Senator became aware of it based on his research staff which discovered documents in releases from the agencies revealing the overcharges. Senator Schumer’s press release (released August 12 and again last Thursday), quotes directly from the NYISO documents forwared to the Federal Energy Regulatory Commission July 21. It would appear that the Senator was unaware of the practice before his researchers became aware of the NYISO July 21 documents, but that is unconfirmed at this time.


Who the Traders Were A Mystery.


The Federal Energy Regulatory Commission declined to release the number of traders involved in the process, the dollar amount dimension of the practice which took place from December to July 2008. Coincidently, Consolidated Edison’s kilowatt hour charge to White Plains residents alone escalated 65% over those 9 months.


Asked if he had any idea why NYISO did not immediately suspend Lake Erie routing maneuver when it was first pointed out to them by NYISO, pending investigation, and holding back the overcharges caused by the rerouting around Lake Erie, until NYISO determined whether or not the charges were legal, Mullane said, “That’s a good question.”

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Con Ed: Overcharges Westchester/WP Paid in Lake Erie Deals Unknown


 


WPCNR THE POWER NEWS. By John F. Bailey September 17, 2008 Exclusive Interview with Con Edison: Consolidated Edison told WPCNR Tuesday afternoon they cannot calculate the amount of overcharges Westchester and White Plains electricity customers paid as a result of the Lake Erie electricity routing contracts.


 


Consolidated Edison, the utility which put  the pressure on the New York Independent Systems Operator to investigate and discover the Lake Erie Bypass Caper by which millions,(perhaps billions) of dollars in passalong costs were laid onto the bills of electric consumers resident and corporate in the first seven months of this year  told WPCNR Tuesday it could not calculate the approximate dollars added to the bills of Westchester consumers


 


Meanwhile in the eight weeks since NYISO stopped the procedure, Con Edison reports significant drops in overcharges of Westchester electricity users.


 


 


 



 


The New York Independent Systems Operator stopped the practice July 22, based on an investigation encouraged by Con Edison last spring, which had been alerted to the Lake Erie Bypass “maneuver” by DC Energy, a energy broker based in Vienna, Virginia.


 


67% Increase since November, 2007


 


 The bill of the typical White Plains consumer increased 67% from November 2007 through August 2008. Previously, these costs were explained by Con Edison to be related to the increase in fuel costs of oil, natural gas and coal used to manufacture the electricity. However based on letters from the New York Municipal Power Agency  to NYISO,  NYISO budget overruns of 90% charged 36 small municipalities have been made up of NYISO additional charges based on Uplift costs (during congested times) and budget shortfalls caused by discounts granted an undisclosed number of  energy market traders.


 


Con Edison is not ruling out a legal suit against the companies whose actions produced these cost overruns which were passed on to Con Edison consumers.


 


Schumer Investigates as we Write


 


As this article is published, New York Senator Charles Schumer is meeting with Federal Energy Regulatory Commissioner Joseph Kelliher in Washington to assure an open investigation, and hopefully more information on the scope of what the Senator has called “a sham routing scheme” by what he called “rogue traders.”


 


FERC is currently conducting a non-public investigation into the matter, and has declined to name the traders who used the Lake Erie finesse,or dollar amounts of the overcharges. The Lake Erie counter-clockwise circulation, designed to ease congestion on the grid,  gave a $20 windfall per Megawatt hour by filing contracts circulating electricity counterclockwise around Lake Erie, instead of clockwise down its eastern shore and directly into the New York Power Grid. However the electricity action did go clockwise resulting in uplift charges to users of the power, including Con Edison and members of the New York Municipal Power Authority.


 


WPCNR interviewed Bob McGee with  Consolidated Edison  Media Relations, by e-mail on what Con Edison knows:


 


WPCNR: Does Con Edison and host of other power suppliers anticipate class action legal suit against the companies that perpetuated this practice — in light of the NYISO findings? 


 


Bob McGee, Con Edison: Actions will depend upon the findings and FERC actions.


 


 WPCNR:  How many  Market participants put electricity on the grid ?


McGee:  In the eastern quarter of the country, there are primarily 4 ISO/RTOs – ISO-NE, NYISO, MISO and Ontario.  There are several hundred market participants in each.  Should check with the ISOs/RTOs for information about which actually transact and meet transactional requirements.   The NYISO list over 300 market participants at their website  http://www.nyiso.com/public/webdocs/services/customer_relations/customers/nyiso_approved_customers.pdf


 


WPCNR: Does Con Edison have an estimate of how much these charges (the $20 MGW difference–according to the NYISO and FERC papers — as well as the UPLIFT Charges and the additonal buys of power Con Ed had to make during crunch periods) –were passed on to Con Ed customers? The last six months? 


McGEE: No.  Only the NYISO has the information to calculate the total impact to consumers.  We are pressing them to do the analysis.


 


WPCNR: Any statewide  $$$ estimate of the counter-clockwise Lake Erie windfalls, the additional buys, the uplift charges? 


McGEE: No.  Again, only NYISO can calculate this.  It is not easy to do, as uplift charges can vary based on a variety of conditions, including the market price of fuels, demand levels, and other factors.  Only the NYISO has the information to separate the charges, and even it cannot do so easily.


 


WPNCR: . Is Con Edison calling for a congressional investigation of this practice and the NYISO market? 


McGee:  Con Edison is working with the other NYTOs, as all were impacted.  The NYTOs are asking for FERC to investigate and the NYISO to provide additional information.


(WPCNR notes that FERC is already conducting a so far secret investigation of the matter.)


 


WPCNR: What caused counter-clockwise circulation to be installed in the Lake Erie “circuit”? 


McGee:  Loop flows around Lake Erie are normal and expected in an integrated electric system. 


 


WPCNR: Has Con Edison seen any relief yet stemming from NYISO’s stopping of the procedure July 21? 


McGee: Yes.  It appears that uplift charges have been lowered, and that day ahead and real time transactional flows are in the same direction around Lake Erie.


 


WPCNR: Does Con Edison  agree with the New York Law Project that feel NYISO’s Tariffs on congestion “are unjust and unreasonable insofar as they do not prohibit gaming, profits from unreasonable rates and correction for clearing prices artificially high due to gaming” ? 


 


McGee: FERC has general anti-manipulation rules.  These rules may be sufficient.  We will continue to work with appropriate parties to determine if further NYISO tariff changes are warranted.

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