Power Market Design The Role of Regulators in Electricity Markets Paul Joskow, President of the Alfred P. Sloan Foundation and a longtime member of the MIT economics faculty (1972–2010), believes regulators intervening in electricity markets should always balance the costs of market imperfections against the costs of regulatory imperfections. Photo: courtesy of Exelon Corporation Text: Justin Gerdes Living Energy · No. 8 | July 2013 23 Power Market Design Power Market Design Paul Joskow “When you do choose to regulate, there are better and worse ways of doing it.” Born on June 30, 1947 in Brooklyn, New York Background As a longtime Professor of Economics and Management at the Massachusetts Institute of Technology (MIT) and Head of the MIT Department of Economics (1994–1998), as well as Director of the MIT Center for Energy and Economic Policy Research, Joskow is a leading US econo- mist whose writings on industry regulation and the energy sector have had an international impact. He has been the President of the Alfred P. Sloan Foundation since 2008. Born in New York, Joskow holds a BA from Cornell University (1968) and a PhD in Economics from Yale (1972). He has published numerous books and articles in academic journals and acted as an advisor to government agencies, corporations, and nonprofit organizations. here are very few perfect markets, and there are very few perfect regulators,” says Paul Joskow. “When you do choose to regulate, there are better and worse ways of doing it.” Among Joskow’s dozens of published papers, two in particular, “Market Imperfections Versus Regulatory Imperfections” (June 2010) and “Challenges for Creating a Comprehensive National Electricity Policy” (September 2008), have shaped contemporary thinking on electricity markets. Joskow believes that developed countries, especially the USA, need to renew efforts begun in the 1990s to restructure and deregulate their electricity sectors. Policy makers, Joskow says, “were reluctant restructurers and deregulators. Neither the industry structure nor the regulatory framework adapted either quickly or very well to supporting a restructured electric power sector with competitive wholesale and retail markets and well-functioning transmission networks and unbundled distribution networks.” “I think there’s plenty of blame to go around here,” he goes on. “A lot of the incumbent companies were resistant and tried to convince governments that they could handle things with partial restructuring and partial deregulation. Some of the regulators were to blame because they didn’t know what they were doing either, or were marching to many different drums with different goals. And the existing structure of the industry was challenging, especially in the USA, where we had a mix of state and federal regulation, investor-owned utilities, municipal utilities, governmentowned utilities, and a sometimes incomprehensible mix of regulatory responsibilities between the states and the federal government. It is still true today.” A New Nationwide Rulebook The USA needs a national electricity policy, says Joskow, to replace outdated rules from the 1930s ill suited to 24 Living Energy · No. 8 | July 2013 Photo: Penn Law/University of Pennsylvania Law School T today’s challenges. In “Challenges for Creating a Comprehensive National Electricity Policy,” Joskow writes that policy makers rely on the electricity sector to do four things: 1) provide an abundant and reliable supply of electricity; 2) ensure that electricity prices provide incentive to consumers to use energy wisely and that revenues will be sufficient to encourage efficient investment and operations; 3) play a major role in reducing greenhouse gas emissions; and 4) improve energy security and reliability. The US electricity sector, he says, “lacks a comprehensive national policy framework consistent with achieving these goals.” Policy makers have instead implemented piecemeal reforms that favor some technologies over others and distort the market, Joskow believes, often in well-intentioned attempts to achieve environmental goals. “The electric power sector has become inseparable from environmental policies,” he says. “Many regulators couldn’t resist the power to engage in taxation by regulation. To basically force utilities to subsidize one thing or another thing and then bury the redistributive taxes in the distribution charges. That continues to go on – in fact, it’s accelerating, as far as I can tell.” Joskow says that policy makers should favor market-based solutions that put a price on carbon over picking technologies and subsidizing them on a state-by-state basis. “If the primary goal is to reduce CO2 emissions,” he says, “the primary policy ought to be to price them. CO2 is a global pollutant. It makes no sense for Rhode Island to have a climate change policy. It creates interest groups. It doesn’t satisfy any of the efficiency criteria of trying to find the cheapest ways of reducing emissions.” Free Riders in Europe The phenomenon is not limited to the USA. “The UK, which I thought had the most pristine system when they “For generators in the free market, the burden is on the plant owner.” Paul Joskow started in 1990, is slowly taking it apart based on climate change goals. The same thing is happening in parts of continental Europe,” says Joskow. Air-quality regulations, volatile fuel prices, and deeper penetration of solar and wind electricity into the grid threaten the viability of nonrenewable power plants, merchant plants operating in the market, and regulated fleets alike. “We’ve seen a lot of plants close down for economic reasons,” Joskow says. Regulated fleets “will have to make a deal with their state regulators as to how the residual costs will be recovered” to retire old, noncompliant plants or to install pollution-control equipment. “For those generators that are in the free market – most of them in Germany and the UK – the burden is on the plant owner.” With so much base load generating capacity coming off-line and intermittent wind and solar electricity taking its place, Joskow is concerned about system reliability and the lack of incentives for investment in new generating capacity. “The way intermittency has been handled has essentially been to free ride on the existing stock of fossil fuel-generating plants,” he says. “Who is going to pay to build new plants to provide backup when the wind doesn’t blow on a hot day in Texas?” In Germany, he adds, “it’s a race between how fast they can build wind generators and other kinds of backup technology and how much more coal they have to import to keep the system running.” With policy makers focused on increasing supply, demand management has been neglected, Joskow says. Citing the promise of smart meters and the smart grid, he says, “I think there are a lot of relatively lower-cost opportunities there that are being exploited more quietly. There are growing opportunities for customers to express their preferences for reliability by entering into contracts where their consumption is limited or reduced entirely or their air conditioners are cycled.” “Customers in the USA and Canada consume a lot more electricity per capita than countries like Germany or Denmark or Japan,” he says. “I’d be betting on the demand side, and technologies we haven’t yet seen, to cut into the trend lines for greenhouse gas emissions if we’re looking for an 80 percent reduction.” p Justin Gerdes is a freelance journalist who writes about energy and climate change from northern California. Living Energy · No. 8 | July 2013 25