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Environmental Disclosure Policies

A number of states have adopted environmental disclosure policies, requiring electricity suppliers to provide information on fuel sources and, in some cases, emissions associated with electricity generation. The policies have been adopted in states with retail competition as well as in states with traditionally regulated electricity markets. Summaries of state environmental disclosure policies are provided below under the categories full, partial, or proposed. The term partial disclosure requirements refers to policies that are not mandatory, do not apply to all retail electricity suppliers, or do not result in direct disclosure to consumers.


Environmental Disclosure Policy by State


State-by-State Program Activity

Full Disclosure Requirements
Arkansas, California, Colorado, Connecticut, Delaware, Florida, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Texas, Vermont, Washington

Partial Disclosure Requirements
Arizona, District of Columbia, Pennsylvania, Virginia

Proposed/Pending Disclosure Requirements
Iowa, Montana, West Virginia

No Disclosure Requirements
Alabama, Alaska, Georgia, Hawaii, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Carolina, North Dakota, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Wisconsin, Wyoming

Some of the following documents are available as Adobe Acrobat PDFs. Download Adobe Reader.



Full Disclosure Requirements

Arkansas

In 1999, the Arkansas state legislature passed the Electric Consumer Choice Act (Act 1556) requiring the Public Service Commission (PSC) to establish minimum standards for the form and content of information that electric service providers must disclose regarding the environmental impacts of electricity-generating resources. The promulgation of rules regarding environmental disclosure will likely be delayed because, in early 2001, the legislature voted to delay the start of retail competition (Act 324) from January 2002 to October 2003.

Restructuring Law - Act 1556 (1999)
Restructuring rules - Electric Rules
Additional Information - Arkansas Restructuring Suspended

PSC Contact: Nicole Wagner (504) 684-5737

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California

By law (Senate Bill 1305), all competitive energy service providers (ESPs) must provide information on their power supply mix to customers on a quarterly basis along with any offers or written promotional materials. In January 1999, the California Energy Commission (CEC) issued a standard format for disclosure called the "power content label," which enables consumers to compare the fuel sources of a particular electricity product with the generic California power mix. Suppliers that do not make specific claims about the sources of their electricity can disclose net system power, whereas suppliers making specific claims about power sources must disclose data on specific purchases for the most recent calendar year. Specific purchases must be estimated for the current calendar year, although this information need not be disclosed in the label. To enable the PUC to verify marketer claims, all retail suppliers must issue a report annually to the PUC containing the kilowatt-hours purchased by generator and fuel type during the previous calendar year for each electricity offering.

Legislation - SB 1305 (PDF 62 KB)
More Information - Electricity Resource Disclosure Program
More Information - Power Content Label

CPUC Contact: Robert Grow (916) 654-5180

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Colorado

In January 1999, the Colorado Public Utility Commission (PUC) adopted rules requiring the state's investor-owned utilities (IOUs) to disclose information on their power sources to retail customers. Utilities with a total system load of more than 100 MW are required to provide the information as a bill insert or as a separate mailing twice a year, in April and October, starting in October 1999. The PUC provided a suggested format for the disclosure. Fuel mix percentages are to be based on the power supply mix for the previous calendar year. Supporting documentation concerning the calculations used to determine the power supply mix percentages must be submitted to the PUC for approval. Colorado is one of several states to adopt a disclosure rule without restructuring its electricity market.

Regulation - Rule (4 Code of Colorado Regulations) 723-3-10 3406. Component and Source Disclosures. (PDF 542 KB)

PUC Contact: Sharon Podein (303) 894-2537

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Connecticut

Connecticut's 1998 restructuring law (PA 98-28) requires electricity suppliers to disclose to potential customers "information on air emissions and resource mix of generation facilities operated by and under long-term contract to the supplier." As of June 2001, a working group created by the Department of Public Utility Control (DPUC) was in the process of developing recommendations for implementing a uniform environmental disclosure policy.

Legislation - 1998 Public Act 98-28

DPUC Contact: Ginger Teubner (860) 827-2630

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Delaware

Delaware's 1999 restructuring law (HB 10) authorizes the Public Service Commission (PSC) to develop environmental disclosure requirements and consumer protection standards for green power marketing. Final rules issued by the PSC require all electric suppliers to disclose fuel mix information to customers on a quarterly basis, effective August 31, 1999. A uniform label is not required. Energy suppliers offering green power products are also required to accurately label their fuel mix in marketing materials and product offers. Suppliers are prohibited from marketing a product as "environmentally beneficial" unless 50% of the power is derived from renewable resources, such as solar, wind, hydro, biomass (agricultural wastes and landfill gas), or geothermal.

Regulation/Legislation - Docket No. 49, 1999 HB 10

PSC Contact: Ms. Funmi Jegede (302) 739-3227 Ext. 23

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Florida

On March 30, 1999, the Florida Public Service Commission issued a rule requiring the state's investor-owned electric utilities to provide information on their fuel mix to customers on a quarterly basis, effective April 18, 1999. Information may be provided in the form of a bill insert or on the bill itself and must be based on data available for the most recent 12-month period. No standard label is required. Florida was the first state to institute an environmental disclosure requirement without restructuring its electricity market.

Regulation - Florida Administrative Code, 25-6.093 Information to Customers

PSC Contact: David Wheeler (860) 413-6670

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Illinois

The 1997 Illinois restructuring law includes provisions for disclosing fuel mix and emissions by retail electricity suppliers. Final rules issued by the Illinois Commerce Commission (ICC) require retail suppliers to provide a bill insert to customers each quarter with a table and pie chart representing the sources of electricity used in the previous year, beginning in January 1999. Suppliers must also provide a table showing total emissions of carbon dioxide, nitrogen oxides, and sulfur dioxide, as well as the amount of high- and low-level nuclear waste attributable to the sources of electricity.

Regulation - 83 Illinois Administrative Code 421
Restructuring Law - Public Utilities Act (220 ILCS 5/16-127)
More Information - Utility Environmental Disclosure Statements

ICC Contact: Bill Riley (217) 782-5911

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Maine

In 1999, the Maine Public Utilities Commission (PUC) adopted rules requiring competitive electric providers to disclose sources of electricity generation and associated emissions to customers on a quarterly basis, effective May 2000. Suppliers must also include a notice in all advertisements that a disclosure label is available upon request. Fuel mix data must be reported for known resources and generic system power purchases based on data available for the most recent one-year period. Information must be provided in a format similar to the sample provided in the rule. Data on carbon dioxide, nitrogen oxides, and sulfur dioxide emissions must be presented in a format comparing them to the regional average. In February 2000, the PUC issued an order (Docket No. 98-708) containing regional resource mix and emissions data to be used in disclosure labels until more current data become available. Suppliers must also submit to the Commission an annual report with supporting documentation verifying the accuracy of the data reported in disclosure labels. Maine is working with other New England states to develop a Generation Information System that will supply data for implementing the disclosure requirement.

Regulation - Docket No. 98-708 (2000), Chapter 306 PUC Rules (1999) (PDF 27 KB)

PUC Contact: Marjorie McLaughlin (207) 287-1365

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Maryland

On June 15, 2000, the Maryland Public Service Commission (PSC) adopted final rules requiring electricity providers to disclose fuel mix and emissions information to customers in accordance with the state's 1999 restructuring law. Beginning July 1, 2000, electricity suppliers must provide environmental information for each electricity product in a standard format every six months (April and October). Fuel mix data should be based on annually updated historical data. Suppliers can use regional average data until they have operated in the state for six months. Prospective data may be used if a supplier markets a product with specific claims. If prospective data is used, suppliers must "true-up such claims annually with actual data." Product-specific fuel mix data must be compared to the regional average. Retail suppliers must also disclose carbon dioxide, sulfur dioxide, and nitrogen oxides emissions in pounds/megawatt hour (lbs/MWh) and compare them to the regional average. In March 2002, the Commission issued rules addressing the verification process. The rule allows Maryland retail electric companies and electricity suppliers to use the PJM Generation Attributes Tracking System (GATS) to report verifiable emissions and fuel mix data pertaining to their transactions within the PJM region.

Regulation - Public Service Commission Case 8738, Order 76241 (PDF 40 KB), Order 77666 (MS Word 13 KB)
Restructuring Legislation - 1999 Senate Bill 300
Additional Information - Maryland Fuel Mix and Emissions Disclosure

PSC Contact: Robert Harris (410) 767-8028

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Massachusetts

In February 1998, the Massachusetts Department of Telecommunications and Energy (DTE) issued final rules (220 CMR 11.06) requiring electric retailers to provide customers with a standard disclosure label containing information on price, fuel mix, emissions, and labor characteristics of generating sources on a quarterly basis, beginning September 1, 1998. Suppliers must also issue notices in all advertisements stating that disclosure labels are available upon request. Supply mix information must be based on market settlement data or equivalent data provided by the Independent System Operator (ISO) available for the most recent one-year period. Data on carbon dioxide, nitrogen oxides, and sulfur dioxide emissions must be presented in a format comparing them to the regional average. Electricity providers are also required to report the percentage of power generated from sources that have union contracts with their employees and the percentage generated from sources that use replacement labor during labor disputes. Suppliers must submit a report to the DTE annually containing "statements of verification by the ISO or an independent auditor." Massachusetts is working with other New England states to develop a Generation Information System that will supply data for implementing the disclosure requirement.

Regulation - 220 CMR 11.06

DTE Contact: Barry Perlmutter (617) 305-3575

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Michigan

Michigan's electric restructuring law (2000 Public Act 141) states that all electric suppliers must disclose in a standardized, uniform format information "about the environmental characteristics of electricity products purchased by the consumer." The law requires suppliers to provide information on the customer's bill regarding fuel mix; sulfur dioxide, nitrogen oxides, and carbon dioxide emissions; and the amount of high-level nuclear waste generated. Regional average fuel mix and emissions data must also be disclosed. The information must be provided no more than twice annually and must be based on a rolling annual average. Data must also be provided to the Commission for posting on the Commission's web site. On June 5, 2001, the Michigan Public Service Commission (PSC) issued an order requesting comments on proposed rules regarding the form and content of disclosure.

Proposed Regulation - PSC Case U-12487

PSC Contact: Jeffery Pillon (517) 241-6171

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Minnesota

On October 2, 2001, the Minnesota Public Utilities Commission issued an order directing the state's regulated utilities to disclose information on fuel mix and emissions to customers twice a year using a standard brochure bill insert. The brochure is to contain a pie chart depicting the mix of fuel sources, a chart comparing air pollutant emissions by fuel source, and a cost ranking of the different generating sources. Utilities are also required to list on customer bills a phone number and web address where consumers can access this information.

Regulation - Order 10/2/01, Docket No. E,G-999/CI-00-1343; Order 9/3/02 Clarifying Disclosure Requirements (PDF 42 KB)

PUC Contact: Janet Gonzalez (651) 296-1336
Department of Commerce Contact: Kate O'Connell (651) 296-7132

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Nevada

Nevada Fuel Source Disclosure
Beginning January 2002, electric utilities and competitive power providers in Nevada are required to disclose information on electricity product fuel mix and associated air emissions to their customers. According to regulations issued by the Nevada Public Service Commission (Chapter 704.763), the disclosure must be in a standard format, provided in bill inserts twice a year, as well as on utility websites. The information must include the average mix of fuel sources used to create electricity and emissions of high-level radioactive waste, sulfur dioxide, carbon dioxide, carbon monoxide, particulates, volatile organic compounds, oxides of nitrogen and heavy metals. The information disclosed must be based upon data taken from a 12-month period that ends not more than 6 months before the date on which the information is first disclosed to retail customers. Utilities must also provide a summary of any programs and information relating to energy conservation that is offered by the electric utility. Legislation signed by Governor Kenny Guinn in June 2001 (Assembly Bill 197) called for the PUC to adopt the disclosure regulations.

Regulations of Nevada Public Utilities Commission 704.763:
R145-01P - Utilities (704)

Text of Legislation:
http://www.leg.state.nv.us/NRS/NRS-704.html#NRS704Sec763

Contact: Diana Howard, Office of the Governor, Nevada State Office of Energy, (775) 687-5975.

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New Jersey

The New Jersey Board of Public Utilities (BPU) adopted an interim disclosure rule on July 26, 1999, in accordance with the state's restructuring law. The rule requires electricity suppliers to provide consumers with a uniform disclosure label containing information on fuel mix, carbon dioxide, sulfur dioxide, and nitrogen oxides emissions, as well as energy-efficiency efforts twice a year, effective August 1, 1999. Air pollutant emissions must be compared to the regional average. Suppliers should use data from the most recent 12-month period with a 3-month lag, unless such data are unavailable (as in the case of a new market entrant). Information must be provided for each product offered and verified by an independent auditor.

Restructuring Law - Current Rulemaking N.J.A.C. Title 14: Energy (Environmental Disclosure - NJAC 14:8-3)

BPU Contact: Linda Nowicki (609) 777-3314

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New Mexico

New Mexico's 1999 restructuring law (SB 428) requires the Public Regulation Commission (PRC) to "promulgate rules governing competitive electric suppliers for the protection of customers, including required disclosures to a potential customer of unbundled prices, generation sources and fuel mix, and associated emissions." In May 2000, the PRC issued proposed rules that would require environmental disclosure in a standard format on at least an annual basis. The proposed rules would require information on fuel mix to be compared to the national and regional averages and based on data available for the most recent calendar year, except in some circumstances in which forecasted data could be used. Emissions of carbon dioxide, sulfur dioxide, nitrogen oxides, and mercury would be presented in comparison to the regional and national average. The amount of spent nuclear fuel generated would also be presented. In all advertisements, competitive suppliers would be required to include a toll free number and an Internet address through which customers could obtain the disclosure label. Beginning in May 2003, competitive suppliers would be required to file an annual reconciliation report verified by affidavit. The adoption of final rules may be delayed because in early 2001 the state legislature voted (SB 266) to delay restructuring until 2006.

Proposed Regulation - NMPRC Case No.3349 (PDF 19 KB)
Restructuring Legislation - 1999 SB 428

PRC Contact: Michael Ripperger (505) 827-6902

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New York

On December 15, 1998, the New York Public Service Commission (PSC) issued an order requiring electric suppliers to use a standardized label to provide information to customers regarding the environmental impacts of electricity products semi-annually. Suppliers must disclose fuel mix compared to a statewide average and emissions of sulfur dioxide, nitrogen oxides, and carbon dioxide. Fuel source and emissions information will be calculated by the Department of Public Service (DPS) and provided to retail suppliers quarterly. Calculations will be based on a rolling annual average with data supplied from the Independent System Operator and the Energy Information Administration and verified by the DPS. Suppliers are expected to begin providing the label to retail customers starting in late 2001 or early 2002.

Regulation - PSC Opinion 98-19 (Case 94-E-0952) (PDF 72.5 KB)

PSC Contact: Mr. K. Bala (518) 486-2464

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Ohio

On April 6, 2000, the Ohio Public Utilities Commission adopted rules requiring electricity suppliers to disclose environmental information to retail customers in accordance with the state's 1999 restructuring law (SB 3). Effective January 2001, retail providers are required to disclose fuel mix and emissions data for each electricity product offered in a standard format on an annual basis with quarterly comparisons of actual and projected data. Fuel mix and carbon dioxide, sulfur dioxide, and nitrogen oxides emissions must be presented relative to the regional average. The amount of high-level and low-level radioactive waste generated must also be disclosed.

Regulation - 4928.10, O.A.C., November 5, 1999 (Case No. 99-1611-EL-ORD)
Restructuring Legislation - 1999 SB 3

PUC Contact: Beth Gianforcaro, (614) 466-7750

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Oregon

On September 29, 2000, the Oregon Public Utility Commission (PUC) adopted final rules requiring utilities to disclose power source and environmental impact information with electricity bills, in accordance with Oregon's 1999 electricity restructuring law (SB1149). Under the rules, retailers will be required to provide customers with fuel mix and emissions information on a quarterly basis in a standard format prescribed by the Commission. Information must be provided on or with electricity bills and with contracts and marketing materials. Electricity suppliers are to disclose the net system power mix for the current calendar year unless they are "able to demonstrate a different power source and environmental impact." Electricity suppliers with a different fuel mix must base disclosure on projections of the mix to be supplied during the current year. Renewable resources are to be reported as "other fuels." Suppliers must also disclose emissions of carbon dioxide, sulfur dioxide, and nitrogen oxides in pounds/kilowatt hour (lbs/kWh) and spent nuclear fuel in milligrams/kilowatt hour (mg/kWh). Beginning in April 2003, suppliers making claims of sources other than net system power must file a "reconciliation report" with the Commission detailing the fuel mix of individual products.

Regulation - Oregon Administrative Rules 860-030-300
Restructuring Legislation - 1999 SB 1149

OPUC Contact: Rebecca Hathhorn (503) 378-6665

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Texas

On December 7, 2000, the Texas Public Utility Commission (PUC) issued rules requiring retail electric providers to use an Electricity Facts Label to disclose information twice a year on fuel mix and environmental impacts to their retail and small residential customers, in accordance with the state's restructuring law. The label must also be included in promotional material soliciting new customers. Fuel mix data must be compared to the state average, with energy generated from renewable resources to be listed under a single category. Emissions of carbon dioxide, sulfur dioxide, nitrogen oxides, and particulates, as well as the amount of nuclear waste generated, must be presented relative to the statewide average. According to rules adopted in August 2001, the Commission is developing a "generator scorecard" database with data on fuel mix and environmental impacts by generator to facilitate implementation of the disclosure requirements. The label is to be updated in March of each year and posted on the Commission's web site. Retail providers can also opt to purchase and retire "renewable energy credits" from generators to meet their disclosure requirements. Providers can project their fuel mix and emissions data for new products or products offered during the first year of competition. Any product marketed as "renewable" must include the renewable fuel mix percentage, unless it is supplied exclusively from renewable sources. Products marketed as "green" may contain some natural gas fuels along with renewable fuels if it can be shown that the natural gas was produced in Texas. Suppliers are to begin using the disclosure label for customers supplied under retail competition, which is scheduled to begin on January 1, 2002.

Final Regulations - 25.475, 25.476 (PUC Project #22816)
Restructuring Legislation - 1999 SB 7

PUC Retail Markets Contact: 512-936-7360

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Vermont

In June 2002, Vermont Governor Howard Dean signed into law a bill (S.138) authorizing the Public Service Board to prescribe standards for electricity suppliers to disclose information on fuel sources and environmental impacts of electricity generation to retail customers on an annual or less frequent basis. The standards may address the form of the labels and information related to: retail and wholesale price, terms and conditions of service, the fraction of generation resources in a seller's mix, the environmental effects of each energy source, and a description of other services, such as energy efficiency opportunities. The law also authorizes the Public Service Board to prescribe standards, including enforcement procedures and penalties, for the substantiation and verification of any information disclosed and any claims made by suppliers. The law directs the board to weigh the costs and benefits of compliance when setting the standards.

For the full text of legislation, see S.138.

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Washington

On March 30, 2000, Washington Governor Gary Locke signed into law a bill (EHB 2565) requiring retail suppliers to provide customers with a bill insert or mailing containing fuel mix data presented in a standard format at least semiannually, beginning in May 2001. At least two additional times per year, suppliers must also provide a reference to a phone number or web site through which customers can obtain a disclosure label. Small utilities and mutual light and power companies must provide the disclosure label annually unless they market a "specific electric product new to that utility." Utilities can use actual historical generating data from the preceding year in the fuel mix reports or can report the net system mix of the Northwest Power Pool. Suppliers must have information available to support resource claims in the disclosure label. The Office of Trade and Economic Development is to submit to the legislature a report containing suggested modifications to the disclosure requirements, if any, by December 1, 2003. Washington is one of several states to adopt a disclosure rule without restructuring its electricity market.

Legislation - 2000 EHB 2565: Code of Washington 19.29A

OTED Contact: Liz Klumpp (360) 956-2071

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Partial Disclosure Requirements

Arizona

Rules adopted by the Arizona Corporation Commission in April 1999 (Decision 61634), and subsequently amended, require all electricity suppliers, including those serving standard offer customers, to provide, upon request, information on the composition, fuel mix, and emissions characteristics of the resource portfolio "to the extent reasonably known".

More Information - A Brief Introduction for Residential Electric Customers

ACC Contact: Barbara Keene (602) 542-0853

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District of Columbia

According to the Retail Electric Competition and Consumer Protection Act of 2000, licensed suppliers doing business in the District of Columbia must report generating sources to the Commission every 6 months starting with the implementation of competition (January 2001). There is no requirement to supply this information directly to customers. By July 1, 2003, and every 2 years thereafter, the Commission must submit a report to the legislature on the overall fuel mix and the amount of electricity generated from renewable source. The report must also discuss the feasibility of requiring each licensed electricity supplier to provide a minimum percentage of electricity sold from renewable energy sources.

Legislation - DC Code D.V,T.34, Subt. III, Ch. 15

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Pennsylvania

The Pennsylvania Public Utility Commission (PUC) issued final rules in April 1998 requiring retail electricity suppliers to "respond to reasonable requests made by consumers for information concerning generation energy sources." Suppliers must respond to such requests "by informing consumers that this information is included in the annual licensing report and that this report exists at the Commission." Requests for information on energy efficiency must be handled in a similar manner. Suppliers must verify fuel mix data through an independent auditor and submit this information in an annual report to the Commission. Suppliers that market electricity as "having special characteristics" such as being environmentally friendly, must have information available to substantiate their claims.

Regulation - 52 Pennsylvania Code 54.6
More Information - Restructuring Information (PDF 123 KB)

PUC Contact: Brooks Mountcastle (717) 787-5724

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Virginia

According to final rules issues by the Virginia State Corporation Commission (SCC) on June 19, 2001, each electric service provider should "report to its customers and file a report with the SCC stating to the extent feasible, fuel mix and emissions data for the prior calendar year." The information must be supplied by March 31 of each year. If such data is unavailable, the provider is to file a report with the SCC stating "why it is not feasible to submit any portion of such data." Any competitive service provider making specific claims about a product must maintain documentation supporting any such claims. The supporting documentation must be "made available through electronic means and a written explanation shall be provided promptly upon request of any customer, prospective customer, competitive service provider, local distribution company, or the SCC."

Final Regulations - TITLE 20. PUBLIC UTILITIES AND COMMUNICATIONS: Rules Governing Retail Access to Competitive Energy Services (amending 20 VAC 5-312-10, 20 VAC 5-312-70 and 20 VAC 5-312-80) (Final Order 6/19/01)

SCC Contact: Tom Lamm (804) 371-9141

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Proposed/Pending Disclosure Requirements

Iowa

On April 21, 2003 the Iowa Utilities Board issued a proposed rule requiring utilities regulated by the board to disclose their fuel mix to Iowa-based customers. Under the rule, the utilities would be required to provide information once a year on the percentage of electricity generated from all sources, including renewable energy sources used to comply with the state's alternative energy purchase program (RPS), and other "non-program" renewable energy sources. The annual report would also include an estimate of the sulfur dioxide, nitrogen oxide, and carbon dioxide emissions for each fuel and energy input type on a per kWh basis.

Proposed Rule Issued April 21, 2003 (Docket No. RMU-03-8) - (PDF 112 KB)

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Montana

On November 8, 1999, the Montana Department of Public Service Regulation issued proposed rules regarding environmental disclosure that would, if adopted, require retail electricity suppliers to disclose information on fuel mix and emissions in a standard format at least twice a year along with product offers and advertisements. Under the proposed rules, electricity providers that do not make claims about specific purchases may disclose fuel mix data for net system power for the previous calendar year. Suppliers that make a "claim of specific purchases" or make a "claim-based sale" must provide data on the projected fuel mix for the coming year or compare fuel mix data with net system power for the previous calendar year. Renewable resources can be disclosed as a single resource category. Retail suppliers are also required to disclose carbon dioxide, sulfur dioxide, and nitrogen oxides emissions as well as the amount of spent nuclear fuel generated compared to the regional average, as represented by net system power. Hydro resources must be presented as a percentage of non-low-impact hydro used. The promulgation of final rules may be delayed because the original timetable for retail access has been modified.

Proposed Regulation - Rule Making In Progress
More Information - L-99.7.9(a)-RUL, Electric Restructuring Disclosure & Labeling Rule

DPSR Contact: Will Rosquist (406) 444-6359

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Vermont

In June 2002, Vermont Governor Howard Dean signed into law a bill (S.138) authorizing the Public Service Board to prescribe standards for electricity suppliers to disclose information on fuel sources and environmental impacts of electricity generation to retail customers on an annual or less frequent basis. The standards may address the form of the labels and information related to: retail and wholesale price, terms and conditions of service, the fraction of generation resources in a seller's mix, the environmental effects of each energy source, and a description of other services, such as energy efficiency opportunities. The law also authorizes the Public Service Board to prescribe standards, including enforcement procedures and penalties, for the substantiation and verification of any information disclosed and any claims made by suppliers. The law directs the board to weigh the costs and benefits of compliance when setting the standards.

For the full text of legislation, see S.138.

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West Virginia

On August 16, 2000, the West Virginia Public Service Commission (PSC) issued proposed rules that would require retail electricity suppliers, including default service providers, to supply information to the Commission quarterly regarding the fuel mix and emissions associated with electricity products. The information would be posted on both the supplier's and the default service provider's Internet sites and made available to customers upon request. The Commission would use data provided by suppliers to "publish a state-wide compilation of the information." Fuel mix would be presented for the most recent calendar year and quarter in comparison to the regional average. Carbon dioxide, nitrogen oxides, and sulfur dioxide emissions, as well as the amount of high and low level nuclear waste, would be presented in lbs/1,000 kWh. Suppliers would be required to exercise "all reasonable efforts to identify the generation source" of power supplies and maintain sufficient documentation to support the accuracy of the claims. In late 2000, the legislative subcommittees studying the electric industry decided to delay immediate consideration of the tax law changes necessary for restructuring to be implemented, which may delay the adoption of the final rules.

Proposed Regulation - PSC Proposed Rule 150-3-16 (PDF 24.3 KB)
Restructuring legislation - 1998 HB 4277

PUC Contact: Bob Teets (304) 340-0365

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Relevant Publications

Following are references on environmental disclosure policy. Some of these publications are available to you online; just click on the highlighted title.

Abe, J., L. Alexander, C. Clark, and R. Rosen "NETS: Capturing Electricity Information in New England," The Electricity Journal, (May): 46-54, 1999.

Biewald, B., D. White and T. Woolf "Follow the Money: A Method for Tracking Electricity for Environmental Disclosure," The Electricity Journal, 12(4): 55-60, 1999.

Center for Clean Air Policy (1998) Disclosure in the Electricity Marketplace: A Policy Handbook for States. Washington, D.C.

National Council on Competition and the Electric Industry Disclosure Series:

  • Electric Product Disclosure: A Status Report, Richard Sedano, June 2002 (PDF 1.2 MB)

  • Information Disclosure for Electricity Sales: Consumer Preferences from Focus Groups, Alan S. Levy et al., July 1997 (PDF 277 KB)

  • Disclosure of Fuel Mix and Emissions by Electric Retail Service Providers: Confidentiality vs. the Public's Right to Know, Scott Hempling, July 1997 (PDF 233 KB)

  • Information Disclosure for Electricity Sales: Consumer Preferences from Focus Groups, Report 2 West Coast, Mario Teisel et. al., 1997 (PDF 241 KB)

  • Information Disclosure for Electricity Sales: Consumer Preferences from Focus Groups, Report 3 Rocky Mountain West, Lynn Halverson & Edward Holt, 1997 (PDF 242 KB)

  • Uniform Consumer Disclosure Standards for New England: Report and Recommendations to the New England Utility Regulatory Commissions, Tom Austin et al., January 1998 (PDF 403 KB)

  • Information Consumers Want in Electricity Choice, Summary of Focus Group Research, Ed Holt, January 1998 (PDF 196 KB)

  • Summary Report, Baseline Survey Consumer Knowledge, Practices, and Attitudes, Electric Utility Deregulation and Consumer Choice, Kenneth Winneg et al., January 1998 (PDF 443 KB)

  • Model Electricity Consumer Protection Disclosures, Jerrold Oppenheim and Barbara Alexander, October 1998 (PDF 270 KB)

  • Label Testing: Results of Mall Intercept Study, Kenneth Winneg et al., October1998 (PDF 352 KB)

  • Consumer Research on Tracking Approaches and Product Versus Supplier Labeling, Melissa J. Herrman and Brian Roe, October 1998 (PDF 205 KB)

  • A Summary of Research on Information Disclosure: Synthesis Report, David Moskovitz, et al., October 1998 (PDF 325 KB)

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