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ADVOCACY ISSUES
Electric Utility Deregulation

BOMA Position:

BOMA fully supports the transition towards a competitive marketplace for electricity through the unbundling of generation, transmission and distribution. The generation of electricity must become competitive as soon as possible so that all Michigan consumers may realize the benefits of lower prices and enhanced services. Michigan lawmakers should support federal guidelines for reliability, reciprocity and stranded costs, but still allow Michigan the flexibility to meet our specific needs.

Background Information:

On July 9, 1996, the Federal Energy Regulatory Commission (FERC) instituted its “open access” rule for wholesale transactions, which allowed wholesale purchasers to buy electricity from their supplier of choice. Congress, state legislators and public utility commissions are now actively debating opening electricity markets for retail sales.

About half of the states have enacted legislation and/or regulations to restructure their electricity markets. Unfortunately, some of the states that have already opened their energy markets are now struggling to meet the challenges caused by these immature marketplaces, such as brownouts and erratic price fluctuations.

Recent Activity:

During the 106th Congress (1999-2000), comprehensive federal legislation was approved by the House Energy and Power Subcommittee, but was never considered by the full Commerce Committee. In the Senate, a much narrower reliability bill was passed but ultimately died since Congress adjourned prior to House consideration of the measure.

In the 107th Congress, look for similar bills to be reintroduced and hearings to begin anew. BOMA International expects the debate to continue to shift from implementing a national retail marketplace to protecting the reliability of the nation's electricity grid and promoting fair competition in the wholesale energy marketplace.

Action Requested:

Deregulation of the nation's electricity markets is a long, involved process. Some setbacks are bound to occur; these should not be treated as failures in deregulation but rather as challenges to achieving a robust, competitive energy marketplace. To obtain our goal, it is imperative that BOMA members become involved and stay involved.