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From the Summit to the Grid: PJM, States & What’s Next for Power Markets

In this episode of Energy Solutions, host Todd Snitchler discusses the future of power markets with experts following a recent Governor's Conference in Philadelphia. The panelists address rising ...

From the Summit to the Grid: PJM, States & What’s Next for Power Markets
From the Summit to the Grid: PJM, States & What’s Next for Power Markets
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spk_0 Music
spk_0 Governors across PJM are raising questions about the future of the grid, rising energy costs,
spk_0 and how well the system is working for consumers.
spk_0 Last week, they held a conference in Philadelphia to delve into these questions.
spk_0 You're listening to Energy Solutions, a podcast from the Electric Power Supply Association,
spk_0 where we unpack the stories and trends behind America's power grid.
spk_0 I'm your host, Todd Snitchler, President and CEO of EPSA.
spk_0 Headlines from the conference have focused on the Governor's remarks and debates about
spk_0 a crisis in confidence in how PJM is run and operated, as well as questions about
spk_0 whether states will leave the market or should turn to regulated utilities to once again
spk_0 own and operate power plants.
spk_0 But as today's discussion will show, the real story goes deeper, and there's a lot
spk_0 that consumers need to know about what really drives their electric bills.
spk_0 We're entering a period of unprecedented load growth from data centers, electrification,
spk_0 and a rapidly expanding economy.
spk_0 For years, PJM operated with excess supply, which allowed some to downplay the need for
spk_0 durable market constructs.
spk_0 That era is over.
spk_0 Now, capacity markets and PJM as a whole are being blamed for higher bills, even though
spk_0 they've actually helped keep total consumer costs relatively stable compared to other
spk_0 regions.
spk_0 In this episode, I sit down with four panelists who participated in the conference to unpack
spk_0 what they heard, as well as takeaways, and the pathway forward.
spk_0 We also break down why markets remain the best path forward and push back on some of
spk_0 the narratives around energy prices, utilities, and what's really needed to increase supply.
spk_0 My guests represent some of EPSA's member companies and are leading experts in competitive
spk_0 power generation market design, as well as PJM and its governance.
spk_0 Travis Kabula is vice president of regulatory affairs at NRG and a former chairman of the
spk_0 Montana Public Service Commission.
spk_0 Margie Phillips is the senior vice president of wholesale market power at LS Power.
spk_0 Arnie Quinn is the senior vice president of regulatory policy at VistorCorp and former
spk_0 director of the Office of Energy Policy and Innovation, the Division of Economic and
spk_0 Technical Analysis, and the Division of Energy Market Oversight at the Federal Energy
spk_0 Regulatory Commission.
spk_0 And finally, Glenn Thomas is president of PJM Power Providers Group and the former chairman
spk_0 of the Pennsylvania Public Utilities Commission.
spk_0 He also served on the staff of Pennsylvania Governor Tom Ridge and as an advisor to California
spk_0 Governor Arnold Schwarzenegger.
spk_0 LS, NRG, and Vistra are some of the largest competitive power companies in the United States,
spk_0 providing thousands of megawatts of electric power generation from resources of all kinds.
spk_0 The PJM Power Providers Group or P3 represents competitive power generators serving the
spk_0 PJM region.
spk_0 Together, they explore market governance, the role of capacity markets, and how to strike
spk_0 the right balance between state and federal roles.
spk_0 We also dig into the challenges of securing reliability, improving load forecasting, and
spk_0 the growing impact of AI-driven demand on the grid.
spk_0 Here's our conversation.
spk_0 Before we get started, I want to welcome our guests and give them each an opportunity
spk_0 to introduce themselves so that our listeners can connect voices to names.
spk_0 Hi, this is Travis Kavula, Vice President of Regulatory Affairs for NRG Energy.
spk_0 Hi, Todd.
spk_0 Thanks for having me.
spk_0 Thanks, Todd, for having me.
spk_0 It's Margie Phillips.
spk_0 I'm with LS Power and I'm the Senior Vice President of wholesale market policy.
spk_0 Thanks, Margie.
spk_0 Hi, Todd.
spk_0 This is Arnie Quinn.
spk_0 I'm Senior Vice President of Regulatory Policy for Vistra.
spk_0 Thanks for having me today.
spk_0 You bet.
spk_0 Yeah, and this is Glenn Thomas, President of GT Power Group.
spk_0 Thanks for having me, Todd.
spk_0 You bet, Glenn.
spk_0 Thanks for joining us.
spk_0 Last week, there was a Governor's Conference addressing questions around PJM, governance,
spk_0 operations, and the issues that are impacting consumers all across the PJM footprint.
spk_0 And the Governor's Conference drew wide media attention, headlines about surging power bills,
spk_0 a crisis of confidence and PJM governance, and any number of other criticisms for leveled.
spk_0 But I'm curious from each of your perspectives as panelists that participated, what did you
spk_0 take away from the tone of the summit?
spk_0 And beneath the rhetoric, was there any real challenges that you think we ought to be focusing
spk_0 on in reality as opposed to perhaps some of the rhetoric?
spk_0 Margie?
spk_0 Sure.
spk_0 I thought it was interesting that everyone on our panel, and I was on the market's working
spk_0 kind of panel, I think we all agreed that they have worked and they can worked.
spk_0 But there is a uniform concern about the unanticipated, significant amount of megawatts coming on
spk_0 the system because of data centers.
spk_0 And then the fact that there's going to be a cost allocation problem because that demand
spk_0 is going to cause prices to go up because we don't yet have the supply to meet it.
spk_0 So I thought it was a constructive conversation once the politics took second place.
spk_0 I thought there was a good amount of consensus that there are a few things that we should
spk_0 probably do in the near term.
spk_0 We do need a better handle on the load forecast.
spk_0 We need a much better sense of how big is this problem.
spk_0 If we could do something with the interconnection process, probably both the load and the generator
spk_0 interconnection process, I think that would give us a better sense of how many resources
spk_0 really can come on and how quickly can they come on.
spk_0 And so I think once you have a better sense of what the load is and once you have a better
spk_0 sense of what the new supply is, then you have a much better picture of how serious is
spk_0 this problem.
spk_0 I think we're going to learn that it is something that we need to stay focused on, but it is
spk_0 not a crisis.
spk_0 It is not the end of the world and it's not something that's not manageable.
spk_0 Thanks, Arnie.
spk_0 Yeah, and if I could just add Todd, again, first of all, the tip of the hat to the governors
spk_0 for organizing this conversation.
spk_0 I thought it was a very helpful and engaging conversation to see that many people gathered
spk_0 in one room, represented from all the commissions in the PJF footprint gathered together to
spk_0 talk about these really important issues.
spk_0 I just think it's just remarkable in and of itself.
spk_0 I'm not sure there has been a gathering that big.
spk_0 A folks just talking about PJM issues and it's because of the governors, they were able
spk_0 to assemble that.
spk_0 And I also agree with Arnie that I think there were some very constructive observations
spk_0 that were offered and some takeaways that can be acted on and load forecasting is certainly
spk_0 at the top of that list.
spk_0 I think there's two sides of this equation.
spk_0 There's a supply side and there's a demand side.
spk_0 There's been a lot of conversation about whether the supply side is up for the challenge,
spk_0 so to speak.
spk_0 And I think there's a lot of reasons to believe that it is.
spk_0 But there's also some serious questions on the demand side about whether we're accurately
spk_0 predicting what is indeed likely to come on the system and not only the volume of what's
spk_0 coming on the system, but how it's coming on the system and how can be best integrated.
spk_0 So I think it's certainly time to roll up our sleeves and do some work in that area.
spk_0 Yeah, it helps to have an accurate target, right?
spk_0 That we're aiming for.
spk_0 We're shooting at nothing.
spk_0 We're sure to miss.
spk_0 So a lot of the conversation that we heard from some of the panelists and some of the
spk_0 governor's staff was that PJM is not responding fast enough to demand and price pressure and
spk_0 the cost implications, of course, that margin noted a moment ago.
spk_0 But do you think giving states a greater or a more formal role in the process actually
spk_0 solves any of these issues?
spk_0 Or does it just create a new level of uncertainty or new risks?
spk_0 Having states engaged is important, right?
spk_0 I mean, states have a huge role in this.
spk_0 PJM has always recognized that.
spk_0 And over the years, PJM has expanded not only its staff to support state relations, but
spk_0 its engagement with the states.
spk_0 I'll be going to the Opsie meeting next week.
spk_0 I'm doing nothing but talking about issues related to PJM with state policy makers.
spk_0 So the state engagement is at the end of the day a positive thing.
spk_0 But also governance matters.
spk_0 And at the end of the day, PJM is a public utility with an independent board of directors
spk_0 that is regulated by FERC.
spk_0 And it's important for states and stateholder body to be feeding the board and informing
spk_0 the board and providing appropriate advice and counsel to the board.
spk_0 It's important for the board to make decisions that are in the best interest of the market
spk_0 and sending those decisions to FERC for them to deliberate and ultimately determine if
spk_0 those paths are just unreasonable.
spk_0 I would add that I think there is a large role for state regulators, governors, commissioners
spk_0 to play going forward.
spk_0 I'm a little disappointed that there's so much finger pointing instead of focusing how
spk_0 we can cooperate going forward.
spk_0 But while PJM is the federal entity that is telling us what the wholesale price to build
spk_0 a new power plant is, the retail regulators have so much jurisdiction to run with that.
spk_0 They permit the load.
spk_0 They permit the generators.
spk_0 If they want to put obligations on either they can do so.
spk_0 And they control retail rates.
spk_0 So if they want to create different class rates with a concern on cost allocation, they
spk_0 can do that.
spk_0 So I agree with Glenn.
spk_0 It's really important we coordinate.
spk_0 But at the same time, both federal and state regulators have really important jobs to do
spk_0 to make this work.
spk_0 Yeah, I agree with that.
spk_0 And I recognize that the states can file comments and be active at FERC, the federal
spk_0 regulator.
spk_0 So it does make a lot of sense to try to get them coordinated and part of the solution
spk_0 development process on the front end, along with all the other stakeholders.
spk_0 One other thing I'd have though is I've always thought of the capacity market as being that
spk_0 thing that makes sure that everyone is doing their fair share.
spk_0 And when everyone decides that they're going to lean on the system, then prices are going
spk_0 to go up.
spk_0 And if we have political actors trying to prevent that from happening so that the decisions
spk_0 that have been made are not reflected in the prices that will drive the solution to
spk_0 that shortage, then I start to become worried.
spk_0 So that role for the political actor is there to feed the process, but not to distort it.
spk_0 Thanks, Arnie, that's helpful.
spk_0 So there was some discussion around re-reg or utility ownership, utility rate basing
spk_0 a new generation.
spk_0 Several of you were on the panel that talked about resource adequacy.
spk_0 Would re-reg or allow utilities to build new gen actually lower bills as some of the folks
spk_0 argued?
spk_0 Or does that look like it would actually backfire on consumers?
spk_0 Well Todd, I can take a stab at this.
spk_0 You're talking to an old dog who watched PTAM go to this sort of deregulation.
spk_0 And I think everybody conceded that being part of a regional organization lowers prices.
spk_0 There is no reason to think that won't continue.
spk_0 And I think that the biggest demonstration of that is that PTAM had a special process to
spk_0 try and get more generation online faster.
spk_0 And the response to it was incredible.
spk_0 There were about 26,000 megawatts bid in.
spk_0 I can't remember exactly how many cleared I know my company bid in 700 megawatts at a
spk_0 billion dollars.
spk_0 And the point is if a utility has an RFP that most they can maybe get one or two to
spk_0 land on their balance sheet and that customers then take up the risk of the performance of
spk_0 that power plant.
spk_0 And at the end of the day, that technology can become very obsolete and the utility has
spk_0 rate-based it and stuck customers with it for 20 years.
spk_0 Because when you rely on the PTAM market to drive new investment, the investors take
spk_0 the risk.
spk_0 And if their technology becomes obsolete, prices go down.
spk_0 Consumers don't bear that risk.
spk_0 I think that regulators still appreciate that.
spk_0 But like everybody, all corporations are looking to grow their share of the business.
spk_0 So it would make sense that utilities want to get back into a business that they perceive
spk_0 has a lot of growth opportunity.
spk_0 Sure.
spk_0 We could blame them, right?
spk_0 Yep.
spk_0 And let me build on that.
spk_0 I think in this moment, when we're talking about the uncertainty around the load forecast,
spk_0 I don't think anyone is saying that significant new load isn't coming.
spk_0 It is.
spk_0 But is it 30 gigawatts by 2030 that PGM talks about?
spk_0 Is it some lower number like 24 gigawatts?
spk_0 Is it a bigger number?
spk_0 In a world where we're not highly confident in how much new demand is coming, a world
spk_0 where you're insulated from guessing too high.
spk_0 And that's exactly what the utilities are.
spk_0 If they guess too high, they're still going to get paid.
spk_0 They're still going to recover costs.
spk_0 I think it's especially important that we rely more on the competitive supplier where
spk_0 we will absolutely respond to the needs of our customers new and existing, but we're
spk_0 not going to respond until we have a level of confidence that new customers are going
spk_0 to come.
spk_0 And the utilities just don't operate with the same frame of mind.
spk_0 Yeah, maybe to drill down on that point a little bit more.
spk_0 As I said, I sat there at the conference that I think I heard seven or eight different
spk_0 versions of the load forecast.
spk_0 Who do you want to bear the risk of that load forecast being wrong?
spk_0 Is it the generators, an Arnie's company, is it Margie's company, is it Travis's
spk_0 company, or is it the average day consumer?
spk_0 And a lot of the options on the table, including utility, rate-based build, that squarely
spk_0 puts the risk onto consumers.
spk_0 And then you're going to be paying off that risk for the next 30 years.
spk_0 So we're talking about potentially binding customers into the 2060s when you just don't
spk_0 have to.
spk_0 You should let the competitive markets sift through all that.
spk_0 It's also weird that you've got this dynamic where people are pointing to demand growth
spk_0 that's happening in one segment of this market data centers.
spk_0 And that's, of course, the issue that is driving prices higher.
spk_0 So they're the ones in a sense causing that effect.
spk_0 But the regulated utility solution would be to build and rate-based generation that
spk_0 would be paid for by everyone in order to prevent that harm.
spk_0 Basically, they're rather than avoiding the harm.
spk_0 They're sort of fast forwarding to achieving it by rate-based generation.
spk_0 And that's the paradox and not one that utility generation ownership proposals have
spk_0 really grappled within any logical way.
spk_0 Recent media coverage has zero zeroed in on the most recent couple of capacity auction
spk_0 results into borrow a phrase that's been used, record high prices as a driver of consumer
spk_0 bills.
spk_0 And certainly that is sharpen the focus of the political folks in PJM as well as the
spk_0 regulators, of course.
spk_0 I guess the question people are asking at the highest level before we drill down is
spk_0 are markets actually working as intended or do they need some kind of reform to better
spk_0 reflect the cost implications to consumers versus the investment criteria needed for new
spk_0 resource deployment?
spk_0 Well, Todd, maybe just taking a look first at the consumer angle.
spk_0 I mean, it is true for customers who are exposed to the spot price of capacity that those
spk_0 capacity costs have gone up and that shows up in higher bills.
spk_0 But it is important to put that into the broader context.
spk_0 I was looking at some data from P. Sagan, New Jersey.
spk_0 And for the customers, we serve their capacity costs make up about 20 to 30% of our supply
spk_0 charges.
spk_0 And supply charges, as you know, are just one part of a customer's bill.
spk_0 Let's call it about half of a customer's bill.
spk_0 So realistically, even with these high prices of capacity baked in, they really do only
spk_0 account for about 10 to 15% of customers bills.
spk_0 And let's just say the bills that customers have seen and the price increases are by and
spk_0 large and not related to increases in that capacity price over time.
spk_0 It tends to be in fact more related to regulated utility spending in polls and wires as well
spk_0 as the public policy surcharges, things like renewable energy programs, energy efficiency
spk_0 programs, and that over time, have driven these bills up.
spk_0 There's a lot going on, but it's first helpful to put into context what's actually going
spk_0 on in consumers bills.
spk_0 And Todd, I'll just say based on the number of conversations we're having, the other
spk_0 side of that market working response is customers, especially large customers coming to suppliers
spk_0 and asking about the ability to both support existing resources that could be in jeopardy
spk_0 or develop new resources.
spk_0 And I think one thing we need to remind ourselves of is that the auctions that preceded
spk_0 the two with quote unquote record high prices had record low prices.
spk_0 And that first auction that popped happened right after 6,000 megawatts of generation
spk_0 left the market.
spk_0 So there was a rational response to very low prices and there is a very rational response
spk_0 to high prices.
spk_0 And we're having a bunch of conversations and we're doing a bunch of things ourselves
spk_0 that respond when the price signals tell us that we need to respond.
spk_0 I would add that there has been policy goals that have very strongly impacted the wholesale
spk_0 market.
spk_0 And frankly, we weren't really taking account of them.
spk_0 And PGM became concerned that we weren't valuing the contribution of various resources.
spk_0 A lot of money was spent on renewable clean resources, but at the end of the day, many
spk_0 of them can't be dependent on to keep the lights on for 24 hours.
spk_0 So part of the rising costs is to assure that as the states pursue their policy goals,
spk_0 that we maintain a reliable PGM.
spk_0 And in turn, that is causing some states to lean on other states and how that's impacting
spk_0 cost is probably going to play out because some states had a more diverse portfolio and
spk_0 are not leaning on the system while other states are very much depending on other states
spk_0 to carry their load during periods of shortage.
spk_0 One thing I'll add to UTAG and I'm the one person on here who isn't in a company.
spk_0 So the folks you have on this call are the real experts and advising their companies.
spk_0 But I just feel like we're at the beginning edges of a real build out here in PGM and
spk_0 probably even in the country.
spk_0 And you can see all the leading indicators.
spk_0 There have been higher prices.
spk_0 I mean, that will certainly get the attention of anybody looking to develop.
spk_0 You look at the turbine manufacturers.
spk_0 They're doubling in some cases, tripling their capacity to manufacture.
spk_0 You're seeing states talk about what they can do to make permitting decisions faster.
spk_0 I mean, that's red and blue states.
spk_0 We're having conversations at the state level that we've never had before in recognition
spk_0 of the fact that energy capacity is needed.
spk_0 States that we're looking to retire resources or at least start to talk about the idea that
spk_0 these resources need to stick around.
spk_0 So I think there's a growing recognition that where we've gone into a period where more
spk_0 energy is going to be needed and the affordability of that energy is very, very important to voters.
spk_0 I'm here in the Philadelphia area and there's a gubernatorial campaign going on across
spk_0 the river in New Jersey.
spk_0 I can watch a football game on a Sunday afternoon and see at least two dozen ads about utility
spk_0 costs in my area.
spk_0 And that didn't happen before.
spk_0 I think like I said, there's early indications that we're really on the cusp of a major build
spk_0 out here.
spk_0 And as Margie pointed to the RRI numbers, my rough figure is there's been seven gigawatts
spk_0 of announcements separate and apart from that RRI.
spk_0 So I think we're really seeing some signs that we're going to see some pretty significant
spk_0 investments coming here soon.
spk_0 I think that's an important data point that you've raised, Glenn, and really everyone
spk_0 on the conversation here.
spk_0 We did a little work a few months ago now because the narrative had really tried to be
spk_0 established.
spk_0 The generation costs and capacity in particular were driving up customers costs.
spk_0 Bills were going up and I'll borrow a quote again, a thousand percent, which was never
spk_0 the case.
spk_0 But that was the way it was being framed by folks who had a perhaps an interest in getting
spk_0 back into the generation game and didn't want to draw attention to where some of the costs
spk_0 actually were being created for customers bills.
spk_0 So we retained energy tariff experts, a firm that does tariff analysis to do some work
spk_0 for us.
spk_0 And they did some analysis across the PGM footprint at utility service territories in
spk_0 a number of states.
spk_0 And a couple of things became pretty clear.
spk_0 The first of which is even with the higher capacity clears, the generation component, which
spk_0 includes both capacity and energy, had remained flat to declining over the last 10 to 15 years
spk_0 and virtually ever service territory.
spk_0 While I think as you noted, Travis, the wires charges had gone up and Margie, you've
spk_0 referenced state policy a couple of times, that they had resulted in increases to consumers
spk_0 bills.
spk_0 And we didn't do the research in an effort to point fingers or to accuse because there
spk_0 are investments that need to be made to ensure a reliable system.
spk_0 But it was more designed to try and push back on a false narrative that somehow this
spk_0 one auction or now a couple of auctions is what is driving consumer cost increases over
spk_0 the last decade.
spk_0 And so I'm curious you all have been part of some of the discussions around these issues
spk_0 and this issue came up a bit at the governor's conversation last week.
spk_0 Do you have any other takeaways that you get out of the findings that report uncovered
spk_0 or how come that part of the discussion isn't really breaking through the conversation?
spk_0 Why is it so easy to just say, our generation is driving up costs when the data frankly
spk_0 doesn't support that anywhere?
spk_0 Todd, I think there's a pretty easy response, which is T&D costs.
spk_0 The states have been responsible for and capacity and energy, PJM has been responsible for.
spk_0 And I'm a little disappointed sometimes that our discussions have so much less to do
spk_0 with facts and a lot to do with rhetoric.
spk_0 And I think the problem is we're in a highly politic sized environment.
spk_0 And so it's just very easy to point your finger at this third party.
spk_0 It is for PJM's for profit, but it really operates in a nonprofit way.
spk_0 And it's just so easy to blame them instead of looking at themselves and saying,
spk_0 geez, what did I do here to help contribute to these higher costs?
spk_0 And that's why I think we have to go back to a partnership where everybody takes responsibilities
spk_0 for what's within their jurisdiction.
spk_0 Yeah, and it's sort of like the old adage about the frog and gradually warming water.
spk_0 The frog doesn't ultimately know that it's going to boil.
spk_0 And that's kind of what happens to transmission and distribution charges.
spk_0 They tend to move in one direction up as the revenue requirement increases over time.
spk_0 And that's not a competitive market where scarcity or oversupply causes a marginal price
spk_0 signal that will sometimes be very high and then be worked off and go very low the next year.
spk_0 So very different dynamic, the way competitive markets are supposed to function
spk_0 with that marginal cost price signal is to convey not only a spot price on the margin,
spk_0 but also to kind of scare people into getting themselves hedged and entering into longer term
spk_0 or stably price contracts.
spk_0 But that is certainly not something we've seen in the regulated charges, which have been
spk_0 mono directional up and to make matters even worse and to kind of bargey's point.
spk_0 I think there's a very real question about whether these in some sense there is even a regulator
spk_0 for a lot of these costs in any meaningful way.
spk_0 When you look at the way transmission is constructed and its costs are recovered from consumers
spk_0 in PJM, an awful lot of it comes through one off supplemental projects that are proposed
spk_0 by transmission utilities, more or less rubber stamped in the sleepiest of PJM stakeholder
spk_0 committees and then pass through in fork formula rates with little to no meaningful regulatory
spk_0 process.
spk_0 Candidally, if even 10% of the attention that's currently being paid to capacity markets
spk_0 were focused on these supposedly regulated charges, I think we'd be probably in a better
spk_0 place for consumers.
spk_0 Picking back on that, I think to your question Todd, it is about the suddenness of the capacity
spk_0 market increases and I mean to Arnie's point that he made earlier, those prices were very,
spk_0 very low for three years.
spk_0 They gave it a retirement signal and people did exactly what the market was telling them
spk_0 to do and then just don't let it go.
spk_0 At least for capacity market purposes almost overnight, things change and change very quickly.
spk_0 The playbook for regulated water companies is to come in every year and a half and ask
spk_0 for an 8% increase and get a 5% or 6% increase.
spk_0 But they do it gradually, they do it regularly and I would argue over time, consumers probably
spk_0 pay more if we look at that model on the electricity side.
spk_0 If prices would have been $200 for the last 10 years, would we have the outrage?
spk_0 I don't know about that but I do know consumers would have been paying more over that time
spk_0 period.
spk_0 Yeah, that's an important distinction to make.
spk_0 We appreciate that, Clint.
spk_0 So there's obviously the 800 pound gorilla perhaps that we haven't talked about yet is
spk_0 the political intervention and the desire for many to keep politics as far afield from
spk_0 what is inherently becoming more and more political environment.
spk_0 Can you talk a little bit about the perspective of political intervention?
spk_0 Do you view it as damaging?
spk_0 Do you view it as potentially helpful?
spk_0 Does it actually worsen volatility if politicians, I don't care what color, what stripe, what
spk_0 political party doesn't matter?
spk_0 But if they're putting their thumb on the scale, is that make it difficult for you to invest
spk_0 in the projects that we know that will meet over time for reliability, for new supply,
spk_0 for retention of existing resources?
spk_0 It certainly doesn't help that the investment community sees all this uncertainty and we
spk_0 did see PJM respond to a number of these policy requests and that's how we got to very
spk_0 low prices and generators exited the system.
spk_0 We would argue those regulatory interventions were bad, although we couldn't have nonetheless
spk_0 predicted the AI growth.
spk_0 It doesn't help to have regulatory intervention, but at the same time, it is important that we
spk_0 be mindful in the wholesale market of the fact that politics is inescapable and that there
spk_0 will always be cost allocation issues and it's going to be a balance, but I would reiterate
spk_0 my company finds this kind of political intervention very challenging.
spk_0 Yeah, Todd, I completely agree with that.
spk_0 I know when I talked Vistra's board, the regulatory risk is the risk that feels the hardest
spk_0 to manage because with commercial risk, there's usually some action we can take that will
spk_0 mitigate that risk.
spk_0 With political or regulatory risk, all you can do is hire the very best regulatory team
spk_0 you possibly can and hope for the best.
spk_0 And I'll say, I think in the most recent past, to Margie's points, there's always going
spk_0 to be a political element to the way decisions are made and how markets get designed.
spk_0 That's where we need a federal regulator that stands up to a set of principles, not in
spk_0 a pointy headed bureaucratic way, that ignores political realities, but in a long-term way
spk_0 that says, these are the principles by which we're going to make decisions and we're going
spk_0 to stand up for those principles and make the hard decision.
spk_0 And sometimes the very unpopular decision and the decision that's going to get them some
spk_0 political heat.
spk_0 And when they don't do that, then everyone along the chain has a harder time also standing
spk_0 up to political pressure.
spk_0 And I go back to the decision in the DPL South case where P. Jambley, if there was a mistake,
spk_0 it was in fact exactly the way their market was designed to run and FERC intervened to
spk_0 say, yeah, it's okay.
spk_0 We will change a market after its run.
spk_0 And that one decision, I think, undermined confidence that FERC or federal regulator
spk_0 would kind of hold the line and stand up for its principles.
spk_0 And obviously, investment in new generation is predicated upon some kind of longer-term
spk_0 revenue stability in order to get that capital in the ground.
spk_0 And that'll have to come from bilateral contracts or some kind of hedges off of that.
spk_0 But you've really increased the risk in P. Jam over time that longer-term contracts
spk_0 will have the value of their bargain eroded by political interventions.
spk_0 I mean, counterparties are more willing to enter into those long-term deals if the underlying
spk_0 market structure against which the deal settles is consistently defined.
spk_0 Like Arnie is saying, nearly all of these commercial contracts have changed law provisions
spk_0 and the commission and P. Jam are constantly changing the rules.
spk_0 And now governors want to always change the rules.
spk_0 So, customers can then either find themselves paying a significant risk premium that
spk_0 encompasses that regulatory uncertainty or alternatively, they can pay a lower price
spk_0 that includes that contract with change in law provisions.
spk_0 But that'll be invoked when P. Jam and the commission once again change the rules.
spk_0 So naturally, a lot of this bilateral contracting has diminished and what that means is probably
spk_0 less of a willingness to make or less stable environment to make generation investments
spk_0 potentially in P. Jam.
spk_0 And it also injects, frankly, a negative feedback loop.
spk_0 Many of the changes to the P. Jam market are precipitated by buyers or even sellers
spk_0 who are unhappy with their exposure to the single auction spot price outcome.
spk_0 Bilateral contracting would avoid that exposure.
spk_0 But then again, such contracting is going to be less likely to occur because there are more
spk_0 and more political interventions.
spk_0 So a vicious cycle has started and it almost needs either the kind of vision thing
spk_0 that Arnie has described or some other policy that needs to be found in order to write this market.
spk_0 So, Glenn, let me turn to you because your conference comments make a point to stress that
spk_0 P. Jam's capacity construct is still the best tool in the toolbox if it's left in a way to operate
spk_0 stably. I'll let you define that.
spk_0 Do you think some of the discussion around the governor's proposals or the addition of
spk_0 perhaps additional political implications undermines that stability or is that political dialogue,
spk_0 maybe the impetus we need to work on making the changes that would help give stability to that
spk_0 capacity market construct?
spk_0 So, in general, if you like the conversations are changing at the state level,
spk_0 you'd walk through the halls of a general assembly five or six years ago and folks weren't
spk_0 concerned necessarily about reliability. P. Jam had 28% reserve margins, prices were low,
spk_0 everything was going great. In fact, most of the conversations were about how can we retire
spk_0 some of the assets that we think are some of the dirtier assets out there. That is very much
spk_0 changed at the state level. I don't think there's really a policy maker out there in this space.
spk_0 It doesn't believe we need more megawatts on the system and more importantly and maybe somewhat
spk_0 ironically, there's a strong desire, regardless of the world's political spectrum you stand to
spk_0 retain the existing assets. So, you know, quarters you would never have thought about,
spk_0 recognize the need to keep what's on the system there. And in my ideal world, I mean, that should
spk_0 continue in good times and bad, so to speak, that every policy maker should be asking themselves
spk_0 when they think about regulation or policy. What does this do to reliability? What does this do to
spk_0 affordability? So, and like I said, I feel like that message is permeating. I also feel like
spk_0 there is a growing recognition that quote-unquote intervention is not a healthy or desirable thing.
spk_0 That said, I think the governor's also want to see a little bit more accountability. I think they
spk_0 want to see a little bit more, I think visibility into the P. Jam process and how it works. And I
spk_0 think that's going to take a little bit of time. I mean, these markets are not necessarily easy
spk_0 things to pick up on. And it's going to say take some time to appreciate the role that P. Jam
spk_0 plays here. Does the political intervention spur more stability or does it lead to more instability
spk_0 depending on the outcome? I mean, the one good thing I would say is I've yet to hear a governor
spk_0 or even a state commissioner stand up and say, let's get rid of the capacity markets. Yeah. And
spk_0 for a catatectinal conference in June, and I don't recall anybody standing up and doing it,
spk_0 probably much to the chairman's should grin at the time. Because I mean, chairman Chris, who
spk_0 was pretty transparent in his views that he didn't necessarily think that the capacity construct
spk_0 was the right way to go. So to that extent, I think that's positive. I think nobody will
spk_0 necessarily say that a ninefold increase in capacity prices is a good thing. Sure. I would say
spk_0 that's not a good thing. I mean, it's tough to defend that kind of market, but the idea that we
spk_0 need a capacity construct as part of a properly designed and well-functioning market, I think is
spk_0 accepted. And the question is getting some stability to that mechanism. And obviously,
spk_0 political intervention can undermine that. But I think it's a two way street. And I think the markets
spk_0 have to give the policymakers confidence as well. Hey, Margie, you mentioned a couple of things in
spk_0 your comments about tinkering with markets often causes more harm than good. Are there a couple
spk_0 smarter reforms that you think people should focus on instead? Yeah, I think many of us are thinking
spk_0 that we need to encourage PJM to find ways to continue to speed the interconnection process for
spk_0 large load if they show up with their own new generation. That could really help. Clearly,
spk_0 everybody's talked about load forecasting. You're probably the biggest challenge. And there are other
spk_0 things that we can talk about. None of us like the administrative aspects of the market. But for
spk_0 example, there is a backstop mechanism in PJM. And that is only if we have three failed auctions,
spk_0 which we're in really bad shape if that happens. So we might want to look at that and see if we can
spk_0 change that. Also, Christlock's the new generation is controversial. And we'd have to think about it,
spk_0 but it certainly helps to incent investment. So those are some of the things. And also,
spk_0 frankly, outside of the capacity market, there's still a lot of work to be done. We don't have gas
spk_0 and electric coordination where we'd like to see it be. We still have concerns with sometimes the
spk_0 disconnect between operations and markets, which is operators act very conservatively. And so,
spk_0 right when you want the price signal to be in the energy market to be going higher to show scarcity,
spk_0 the operators take actions to mute that signal. And so we think there's room there as well. So,
spk_0 we're all focused on the capacity market, but we can all keep enhancing the rules. Of course,
spk_0 that balance is that the challenge of not changing everything so often, but focusing on what can
spk_0 be enhanced. Thanks, Margie. Travis, you've talked about bilaterals and longer term contracting to
spk_0 reduce reliance on spot prices. Is that a realistic policy response to governors affordability concerns?
spk_0 I think it should be. And it's something that consumers themselves and a majority of PGM
spk_0 states can take action around right now. I mean, I offer myself as a personal example.
spk_0 You know, last year, I signed the five year fixed rate deal for my power supply. And so, frankly,
spk_0 whatever happens to the capacity markets going up, going down, it's not going to affect my retail
spk_0 rate. And it's a shame that more people are not both customers small and large are not on
spk_0 contracts like that. It affords stability for their bills and upstream it provides some more
spk_0 stable source of revenue so that people can make investments in generation. I mean, the
spk_0 seminal question is whether the way the spot price is supposed to work is it's supposed to send
spk_0 sometimes volatile signal to encourage consumers and to encourage generators to hedge the risk of
spk_0 that volatility by entering into these long term agreements. And if you don't have a sufficient
spk_0 encouragement to do that or a policy that requires it, then you end up having to make changes to
spk_0 the spot market that diminish the strength of that marginal cost signal. You end up doing things
spk_0 like having to mute the signal, but then over procure capacity. Whereas right now, we're trying to
spk_0 run a fairly tight chip in PJM, which has 160,000 megawatts of load and generation,
spk_0 meant the difference between the floor and the ceiling on that spot price is only a few thousand
spk_0 megawatts. We can either do this through a more relaxed, which is to say sometimes bloated administrative
spk_0 design or we can have a competitive market that's working as it should, which in all the other
spk_0 commodity markets is framed as trying to encourage people to not be so exposed to the spot price in
spk_0 order to get better capital formation through bilateral longer term contracts. Thanks Travis.
spk_0 Arnie, I'm going to come to you because the issue that's really been driving a lot of this
spk_0 discussion and the big storyline at the summit was the demand growth that's coming from AI and
spk_0 data centers and really the uncertainty around how big that problem that we're trying to solve is.
spk_0 I know we've kind of talked about it a little bit already. Power futures aren't signaling that we're
spk_0 seeing growth at the pace and tender that perhaps some of the rhetoric is suggesting. So I'm curious
spk_0 if you have thoughts in your view about just how much and just how soon we think some of this load
spk_0 will appear and what are your concerns with some of the projections on what we think we're going
spk_0 to get from AI and data centers. There is the availability of new chips. There is just the cap
spk_0 X spending that goes into building these data centers. A gigawatt data center costs 40 billion dollars.
spk_0 So the kind of demand growth we're talking about is trillions of
spk_0 dollars of cap X spending and then there's just the time and effort it takes to just build these
spk_0 facilities which you can track and vendors do track and if you use those factors and do a top
spk_0 down load forecast you can get numbers and again there's a range and you see different numbers from
spk_0 different consultants but it's somewhere on the order of say 60 gigawatts of demand growth for the
spk_0 region like PJM using a variety of measures of PJM retaining its market share you get the
spk_0 man growth on the order of 22 gigawatts to 26 gigawatts by 2030. That's still very significant
spk_0 but it's much lower than PJM's 30 gigawatts and I think importantly it's substantially lower
spk_0 than the numbers you would get if you just added up what each utility in PJM said it was going to
spk_0 get in terms of new data center growth and I think what makes all of this really hard is the
spk_0 really high numbers, freak policy makers out and make them think that they've got to throw out
spk_0 market designs that have worked for years and years and years and they're so uncertain and so
spk_0 unrealistic that the forward market doesn't know what to believe and probably underestimate
spk_0 demand growth. So you're kind of getting the worst of both worlds. Yeah and it's interesting that
spk_0 you raised that Arnie because one of the questions that we hear a lot is we don't know what the
spk_0 load forecast is or we're not sure what we're aiming at but we know we have to get there because we
spk_0 don't want to have a shortfall we'd all agree with that but a Rocky Mountain Institute study that
spk_0 was published years ago now highlights that even 1% in overestimated load forecast each year would
spk_0 translate into spending billions on power resources that may not be needed and I think that's
spk_0 instructive for how policymakers may want to think about calibrating expectations and Margie
spk_0 you point out a couple of times now about load forecasting lacking consistency and credibility.
spk_0 Do you reforms that you think would give investors and states more confidence? Can you tick off
spk_0 two or three things that you think are top of mind? I think the question is does PTAM have the
spk_0 capability? Do they need to hire an independent third party? Do states themselves need to look at
spk_0 what the transmission utilities are telling them? We have to remember that it is in the transmission
spk_0 utilities interest to inflate those numbers because it does go into rate base and there could be other
spk_0 things too you could have deposits right security and collateral some of the states Ohio and Indiana
spk_0 have done that on a transmission basis but maybe there's creative ways where PTAM can do it on a
spk_0 capacity basis as well so that at least entities are willing to put their money where their mouth is
spk_0 and then if they don't show up there is some money that can be allocated back to consumers or
spk_0 something like that so it's an interesting one because both the state had some control over what
spk_0 it could charge data centers but it's an interesting exercise I think to think about whether PTAM
spk_0 Q could impose milestones on interconnecting load. Yeah Gleinia thoughts? Yeah I agree with everything
spk_0 I'm Margie has said maybe just put a finer point on it I mean Todd you used to be chairman of
spk_0 a public utility commission I was as well Travis was a public utility commissioner I mean I think
spk_0 this is something where the state public utilities could be working very closely with the utilities
spk_0 auditing what is being submitted to PJM to make sure that whatever is being submitted to be PJM
spk_0 which is being baked into the load forecast which is then used to set the reliability requirement
spk_0 which is then used to develop the capacity charges so that all those things line up and there's
spk_0 absolutely a role for state commissions to play here so that the end of the day everybody has
spk_0 confidence in those load forecasts because state commissions are really uniquely positioned here to
spk_0 be able to review confidential data to get into the weeds and really audit what the utilities are
spk_0 submitting to PJM here. Yeah Travis yeah it's worth noting that the utilities in PJM have not been
spk_0 great oftentimes that load forecasting historically I mean as part of research we did in Virginia we
spk_0 went back and looked at every dominion integrated resource plan to understand how six years out of
spk_0 the plan being submitted to their commission they were right or they were wrong about the load
spk_0 forecast and they were consistently wrong they were wrong on average of an average of 12 and a half
spk_0 percent error again just six years out of their forecast and all of those IARPs were before data
spk_0 center growth had really taken off like a rocket which just further magnifies both the uncertainty
spk_0 as well as the numbers the size of the numbers in question so what you do the math a wrong
spk_0 forecast like that if it finds its way into the actual capital a regulated utility is spending that
spk_0 goes into its rate base so that that has easily implications of thousands and thousands of dollars
spk_0 per residential customer so it's not only about getting better at reading the magic ball which is a
spk_0 very hard thing to do but something that state utility commissions need to take seriously it's about
spk_0 making sure that for supply agreements that the risk of load forecasting is owned by competitive
spk_0 suppliers and customers because that's an easy way to coordinate off that risk when you have two
spk_0 parties neither of which has recourse to a captive base of consumers and then for all the regulated
spk_0 grid costs that's a more challenging thing to get at because there you're talking about long range
spk_0 and even more uncertain load forecasts being the premise under which huge investments in transmission
spk_0 and distribution rate base are made which will one way or another be recovered from whatever
spk_0 consumers happen to be on that grid so again I think that latter thing is actually in some sense
spk_0 the more important customer affordability and risk issue even though it's not right in front
spk_0 of the headlights right now because capacity markets are there was a lot of talk about governance
spk_0 and institutional reform and there was talk about creating a new governor's collaborative within
spk_0 PJM and what that might do positive or negative so would that actually improve accountability or
spk_0 does it add more red tape is there possible benefits or how do you see this as somebody that was in
spk_0 the room where it happens so to speak for the Hamilton fans out there when this whole PJM process got
spk_0 started yeah and that movie didn't end well for Hamilton as I remember that's correct but with that
spk_0 at a very high level having governor's office engagement in the PJM world is a positive thing
spk_0 having governors that know and understand what PJM is and does and can appreciate the value that
spk_0 PJM provides on a daily and yearly and historical basis I view as a positive thing I don't believe
spk_0 creating an organization a replace or supplement opc is a good thing and I don't think the governors
spk_0 are headed in that direction so I think that's positive and this thing state commissions as a
spk_0 general proposition are better positioned to stay in tune with these issues they have the
spk_0 engineers they have the economists and more importantly they have the institutional knowledge because
spk_0 there's a long learning curve on these issues and having an institutional expertise and state
spk_0 government is better situated in a public utility commission then in a governor's office I also
spk_0 think it'll reduce the likelihood of governors taking the pot shots at PJM and maybe being a little
spk_0 bit more careful with their intervention and accusations toward PJM so that said I think from
spk_0 what I understand the collaborative and where it's headed it's going to continue to be a forum for
spk_0 governors and their staff to talk about PJM issues I look forward to engaging in those discussions
spk_0 selfishly is very helpful to me to have all 13 think governors and the DC in a single room
spk_0 it cuts down on my travel time so I appreciate the ability to talk to folks in that setting I thought
spk_0 it was great to be able to do that last week and I look forward to doing it in the future
spk_0 thanks Glenn I think that's super helpful so to the stakeholders that are with me the board turnover
spk_0 and leadership changes that are already underway at PJM and now of course conversations around
spk_0 governance what kind of governance reform do you think is useful or needed to balance state input
spk_0 and market stability so you can do the things you do and make informed decisions about investments
spk_0 that you'll make I have a very strong feeling about this first of all yeah Margie go ahead I think
spk_0 our new board members are terrific so I am so excited about that they understand they're engaged
spk_0 and they come from a wide perspective we have Matt Nelson who is a state commissioner in New England
spk_0 and we've got a former market monitor and a professor so I'm really positive on that what I would
spk_0 like to see is that frankly the model was mentioned I really like the Nesco model in New England
spk_0 because it's about trust the governors nominate people to that committee and it's people who work
spk_0 for them and then report back to them on the issues we've heard a lot about trust at the Constitution
spk_0 Center so we need to find a way to build up the governor's trust at the same time this organization
spk_0 needs somebody representing them in the stakeholder process so really does understand these details
spk_0 it's very complicated and so can work with the stakeholders and then work with this organization
spk_0 to try and produce the best outcomes. Thanks Margie. All right so as we come to the end of our
spk_0 conversation it seems appropriate for us to have some next steps so what are some practical steps
spk_0 that PJM states and policymakers can take right now to ease affordability concerns and ensure
spk_0 a strong and reliable system consider this a speed round if that's easier to help you formulate
spk_0 your answer. I'll start I think again these markets have worked very well for a long
spk_0 long period of time both the energy market and the capacity market and our history is we allow
spk_0 them to evolve as we identify issues that we need to to address I think near term a little bit more
spk_0 focus on the energy market which generally works very well but still does not always reflect
spk_0 like the value of fuel on a cold winter weekend in the energy price is something that we could spend
spk_0 some more time on so that the energy markets doing a little bit more work in the capacity market
spk_0 is doing a little less work so that's that's probably something like reserve ancillary service
spk_0 reserve product changes. I think the other thing and we talked about this as well is we do need to
spk_0 do some reforms on the interconnection side if we want markets to work and we all do part of that is
spk_0 making it as easy as possible for new resources to enter the market the reforms it forged it in
spk_0 order 2023 I think were well intentioned and thoughtful I don't know whether the cluster study for
spk_0 interconnection is really the long term solution so I think a thoughtful reform to the generation
spk_0 interconnection so resource owners can respond as quickly as possible it's also probably in line.
spk_0 Yeah and all double down on Arnie's comment there especially since it's fresh in mind I just
spk_0 co-authored a paper with a Colorado PUC chairman Eric Blankon generator interconnection and I
spk_0 guess put in the simplest possible terms if a competitive load serving entity has a contract
spk_0 with a data center that's long term bilateral contract predicated on new generation investment
spk_0 that generation should just be very top of the interconnection queue it clearly has strong
spk_0 demonstrable commercial interest and more to the point there should be some alignment on the state
spk_0 and electric distribution company side to allow that load to move in rough tandem with the
spk_0 addition of generation you know to the degree that people are having a public policy concern
spk_0 about data centers coming online rising prices at least we should facilitate those data centers
spk_0 who want to make investments in additionality but to come into the system nimbly in order to
spk_0 tamp down that concern and essentially accept a direct allocation of the costs of
spk_0 additionality onto their own shoulders so let's remove the barriers there. I'll pile on with an
spk_0 agreement with everything that Travis and Arnie said the other thing I think PGM can do is really
spk_0 look at its demand response programs we know that some data center owners have announced that they
spk_0 have flexibility but we need to get the markets right so they are rewarded for that flexibility
spk_0 and that will also help manage what we need going forward. So Todd I'm going to take the spirit of
spk_0 your question and ask myself a different question. Okay sounds like a recovering politician but
spk_0 all right yeah so I'm going to ask myself if I had 30 seconds to talk to a governor what advice
spk_0 would I give him? And the advice would be this just be patient allow these markets to work and
spk_0 don't do anything stupid because this is a moment where there's and I know that's hard to do in
spk_0 the face of political pressure due to rising costs that are hitting consumers bills and I fully
spk_0 expect or appreciate that there's a lot enormous political pressure to do something because
spk_0 consumers are feeling the pain of increased costs I totally get that but I feel like we're at the
spk_0 cusp of a tremendous build out in generation in this space I feel like there's a lot of risks
spk_0 associated with the load forecast I feel that this is a problem that the markets can solve and
spk_0 I think the states will be rewarded for their patients here and they will be punished if they try
spk_0 to go either outside the market or do something rash that's going to be disrupted to a market that
spk_0 is really well positioned to address these challenges so that would be my 30 seconds of advice to
spk_0 any governor in the P.J. footprint. And Glenn that is an excellent way for us to close so I want to
spk_0 take a moment to thank Glenn Thomas Arnie Quinn Margie Phillips and Travis Kabula all of whom were
spk_0 panelists at the P.J.M. governor's confab last week in Philadelphia for sharing some insights from
spk_0 their both comments at the conference but also their insights from coming away from the conference
spk_0 with our list of to-do's and we're certainly appreciative of that and we know that this is probably
spk_0 not the end of this conversation but just the next step so thanks very much for joining us today
spk_0 and we look forward to an extended conversation over the coming months.
spk_0 The P.J.M. governor's conference highlighted where pressure is facing the grid including rising
spk_0 demand political scrutiny and questions about whether or not the markets are working.
spk_0 States, P.J.M., federal regulators and competitive suppliers all have a role to play in ensuring
spk_0 reliability without shifting risks unfairly to consumers. Strecking the right balance is imperative.
spk_0 As our guests explain, there's no easy answer but there are clear paths forward like better load
spk_0 forecasting, smarter interconnection reforms, demand response and appropriate collaboration between
spk_0 states, P.J.M. and competitive power suppliers. It's also critical to understand what drives prices
spk_0 customers see on their monthly utility bills and where supply costs sit historically in relation to
spk_0 other expenses like distribution, transmission, policy costs and other utility spending.
spk_0 At the end of the day, price signals in the market are needed to spur investor action.
spk_0 They will rise and fall with supply and demand providing greater efficiency and managing costs for
spk_0 consumers over the long run. Policy certainty is essential. Frequent rule changes, political
spk_0 interventions, auction timing changes or moves towards re-regulation create uncertainty that
spk_0 slows investment just when it's needed most. Letting competitive markets work will be essential to
spk_0 providing the energy infrastructure that America needs. Thanks for listening. You can learn more about
spk_0 these issues and more on our website at epsa.org and follow us on social media on x at epsanews and
spk_0 linkedin. The music for this podcast is produced by let me hold that L.T.D. Be sure to subscribe and
spk_0 join us next time on energy solutions.
spk_0 Energy Solutions is brought to you by the Electric Power Supply Association.
spk_0 Epsa represents America's competitive power suppliers which bring about 175,000 megawatts
spk_0 of power generation resources to customers throughout the United States.
spk_0 The music in this episode is written, produced and performed by let me hold that L.T.D.
spk_0 Discover the power of competition at www.epsa.org