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Arizona Fuel Mix Disclosure (upon request)
The Arizona Corporation Commission adopted disclosure provisions
as part of its 1996 Retail Electric Competition Rules. As of
1999, under the disclosure provisions, all retail suppliers
of electricity must disclose composition, fuel mix, and emissions
characteristics upon request by customers.
For further information see the 1996 Arizona Corporation Commission
Rule R14-2-1617 http://www.cc.state.az.us/utility/electric/rules.htm
Contact: Arizona Corporation Commission
Phone: (602) 542-0828
Fax: (602) 542-2129
Arkansas Disclosure (delayed)
The Arkansas State Legislature passed the Electric Consumer Choice
Act (Act 1556) in 1999, requiring the Public Service Commission
to establish standards for the form and content of information that
electric service providers must disclose regarding the environmental
impacts of electricity-generating resources. However, in early 2001,
the legislature voted to delay the start of retail competition (Act
324) from January 2002 to October 2003. As a result, the adoption
of rules regarding environmental disclosure will likely be delayed.
For further information see the Electric Consumer Choice Act (Act
1556) of 1999
Contact: Nicole Wagner
Arkansas Public Service Commission
Phone: (501) 684-5737
California Retail Electricity Disclosure Program and Green
Labeling
Senate bill 1305 became effective on 1-1-1998, mandating California’s
energy suppliers to disclose to all customers the energy resource
mix used in generation. Providers must use a standard label created
by the California Energy Commission (CEC), and this information
must be provided to end-use customers at least four times per
year.
For further information see 1997 Senate Bill 1305
http://www.energy.ca.gov/regulations/retail_disclosure.html
Contact: Shawn Pittard
California Energy Commission
Phone: (916) 654-5139
E-Mail: spittard@energy.state.ca.gov
Colorado Fuel Mix Disclosure
Colorado is one of several states to require disclosure without
having restructured its electricity market. In January 1999, the
Colorado Public Utility Commission (PUC) adopted regulations requiring
the state's investor-owned utilities (IOUs) to disclose information
regarding their fuel mix to retail customers. Utilities with a
total system load of more than 100 MW are required to provide
this information as a bill insert or as a separate mailing twice
annually, beginning 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.
For further information see Rule (4 Code of Colorado Regulations)
723-3-10
Contact: Sharon Podein
Colorado Public Utilities Commission
Phone: (303) 894-2537
Connecticut Fuel Mix Disclosure
Under Connecticut's 1998 restructuring law (Public Act 98-28), electricity
suppliers must disclose “information on air emissions and resource
mix of generation facilities operated by and under long-term contract
to the supplier” to potential customers. 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. Green Mountain Energy
and the Connecticut Energy Cooperative already voluntarily provide
fuel mix information to their customers.
For more information on PA 98-28 visit: http://www.cga.state.ct.us/ps98/act/pa/pa-0028.htm
Contact: Kevin Guernier
Connecticut Office of Policy and Management
Phone: (860) 418-6297
E-Mail: kevin.guernier@po.state.ct.us
Delaware Fuel Mix Disclosure
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. PSC
rules require all electric suppliers to disclose fuel mix information
to customers on a quarterly basis, effective August 31, 1999,
although a standard 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
that market a product as “environmentally beneficial”
must show that 50% of the power is derived from renewable resources,
such as solar, wind, hydro, biomass (agricultural wastes and landfill
gas), or geothermal.
For further information see Docket No. 49, 1999 HB 10 http://www.state.de.us/delpsc/major/reg_49_rules.doc
Contact: Funmi Jegede
Delaware Public Service Commission
Phone: (302) 739-3227
District of Columbia Fuel Mix Disclosure (not to customers)
According to the Retail Electric Competition and Consumer Protection
Act of 2000, licensed suppliers serving the District of Columbia
must report generating sources to the Public Service Commission
(PSC) twice annually beginning with the advent of competition
in January 2001. However, utilities are not required to supply
this information directly to customers. By July 1, 2003, and every
two years thereafter, the PSC must submit a report to the Legislature
on the overall fuel mix and the amount of electricity generated
from renewable sources. 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.
For further information see
DC Code D.V,T.34, Subt. III, Ch. 15
Contact: Public Service Commission of the District
of Columbia
Phone: (202) 626-5100
Fax: (202) 393-1389
Florida Fuel Mix Disclosure
On March 30, 1999, the Florida Public Service Commission issued
a rule requiring the state's investor-owned electric utilities (which
supply about 80-85% of the state's customers) to provide
information on their fuel mix to customers on a quarterly basis,
effective April 18, 1999. Information must be provided either as
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.
For further information see 25-6.093, Florida Administrative Code
http://www.psc.state.fl.us/dockets/documents/99/04053-99.html
Contact: Deb Swim
Legal Environmental Assistance Foundation (LEAF)
Phone: (850) 681-2591
E-Mail: dswim@leaf-envirolaw.org
Website: http://www.leaf-envirolaw.org/
Illinois Fuel Mix and Emissions Disclosure
As part of its 1997 electric utility restructuring legislation,
Illinois included provisions for the disclosure of fuel mixes
and emissions by all retail suppliers of electricity in the state.
The law became effective in January 1999. Electric bills must
list by percentage electricity supplied by the following sources:
biomass power, coal-fired power, hydropower, natural gas-fired
power, nuclear power, oil-fired power, solar power, wind power
and other resources, respectively. These percentages must also
be presented in the form of a pie chart on customer bills.
For further information see 1997 Public Act 90-561
http://www.icc.state.il.us/icc/doclib/rules.asp#421
Contact: David Loos
Illinois Department of Commerce and Community Affairs
Bureau of Energy and Recycling
Phone: (217) 785-3969
E-Mail: dloos@commerce.state.il.us
Website: http://www.commerce.state.il.us/com/energy/index.html
Maine Fuel Mix and Emissions Disclosure
Maine's restructuring legislation, effective May 29, 1997, called
for the state's Public Utility Commission (PUC) to establish disclosure
rules for retail electric billing. By Orders issued February 23,
1999 and June 29, 1999, the PUC adopted Chapter 306, governing uniform
information disclosure for competitive electricity providers. This
rule requires electric service providers to distribute uniform disclosure
labels to their customers prior to the initiation of service and
then on a quarterly basis. The label must disclose specified information
about price, price variability, fuel mix and emissions. The availability
of this disclosure label must be stated in all written marketing
materials. Maine is participating in the National Council's New
England Disclosure Project to explore the development of uniform
consumer information disclosure throughout the region.
For further information see Docket No. 98-708 (2000), Chapter 306
PUC Rules (1999)
http://janus.state.me.us/mpuc/rules/part3.htm
Contact: James Connors
Maine State Planning Office
DECD/Energy Division
Phone: (207) 287-8938
E-Mail: jim.connors@state.me.us
Maryland Fuel Mix and Emissions Disclosure
As part of its 1999 electric utility restructuring legislation,
Maryland included provisions for the disclosure of fuel mixes
and emissions by all retail suppliers of electricity in the state.
Beginning
July 1, 2000, this information must be provided in a standard
format to customers every six months. Electric bills must list
by percentage electricity supplied by the following sources: coal,
natural gas, nuclear, oil, hydroelectric, solar, biomass, wind,
and other resources, or disclosure of a regional fuel mix average.
Fuel mix data should be based on annually updated historical data.
For further information see 1999 Senate Bill 300
http://www.psc.state.md.us/psc/home.htm
Contact: Paul Rosencrantz
Maryland Energy Administration
Phone: (410) 260-7184
E-Mail: prosencrantz@energy.state.md.us
Website: http://www.energy.state.md.us
Massachusetts Fuel Source and Emissions Disclosure
As part of its electric utility restructuring legislation enacted
11/19/97, Massachusetts mandates the disclosure of fuel mixes
and emissions to end use customers. Additionally, the law authorizes
the state's environmental agency to establish generation performance
standards (GPS) for air emissions for at least one pollutant by
2003.
For further information see House Bill 5117, Chapter 164 of the
Acts of 1997
http://www.state.ma.us/doer
Contact: Public Information Officer
Massachusetts Division of Energy Resources
Phone: (617) 727-4732
E-Mail: DOER.Energy@State.MA.US
Website: http://www.mass.gov/doer
Michigan Fuel Mix and Emissions Disclosure
Michigan’s Customer Choice and Electric Reliability Act of 2000
directs the Michigan Public Service Commission (MPSC) to establish
a standard format for disclosure, explanations, or sales information
disseminated by electric suppliers. Starting January 1, 2002, all
electric suppliers must disclose on the customer's bill, a bill
insert, or customer contracts, or, for cooperatives,
periodicals issued by an association of rural electric cooperatives,
information about the environmental characteristics of electricity
products, including the average fuel mix. The fuel mix needs categories
for oil, gas, coal, solar, hydroelectric, wind, biofuel, nuclear,
solid waste incineration, biomass, and other fuel sources. Suppliers
must also disclose the regional average fuel mix and emissions.
The information is to be provided no more than twice annually and
should be based on a rolling annual average. Disclosure information
will also be included on the MPSC’s internet site, http://www.cis.state.mi.us/mpsc.
For further information see Senate Bill 937, Public Act 141 of 2000
http://198.109.122.10/txt/publicAct/1999-2000/pa014100.htm
Contact: Tom Stanton
Michigan Public Service Commission
Office of Planning, Policy and Evaluation
Phone:
(517) 334-7121
E-Mail: tsstant@michigan.gov
Minnesota Fuel Mix and Emissions Disclosure
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 semi-annually. Utilities
are required to list a phone number and web address on bills so
that consumers can access disclosure information. Utilities must
also provide a standard brochure as a bill insert twice annually.
The brochure is to contain a pie chart depicting the mix of fuel
sources, a bar chart of air pollutant emissions, and a discussion
of energy efficiency measures. In addition,
utilities must provide a chart comparing air pollutant emissions
and costs associated with different generating sources. Utilities
must file a sample brochure with the PUC by February 1, 2002.
For further information see Order 10/2/01, Docket No. E,G-999/CI-00-1343
Contact: Janet Gonzalez
Minnesota Public Utilities Commission
121 E. 7th Place, 3rd Floor
St. Paul, MN 55101
Phone: (651) 296-1336
Montana Fuel Mix and Emissions Disclosure (proposed)
Montana’s 1997 restructuring law called for the disclosure of fuel
mix and environmental impact information. Regulations proposed by
the Montana Department of Public Service Regulation on
November 8, 1999, have yet to be implemented.
The proposed environmental disclosure regulations would 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. 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.
For further information see 69-8-102, MCA (proposed)
http://www.psc.state.mt.us/gaselec/rulemaking.htm
Contact: Will Rosquist
Montana Public Service Commission
Phone: (406)
444-6199
E-Mail: wrosquist@mt.gov
Website: http://www.psc.state.mt.us/
Nevada Disclosure
Beginning January 2002, each electric utility must disclose certain
information to its customers, according to regulations established
by the Nevada Public Service Commission. The disclosure
must be in a standard format, provided in bill inserts twice a year,
as well as on utility websites. The disclosure must include the
average mix of fuel sources used to create electricity, average
emissions, customer service information, and information on low-income
energy programs.
For further information see NRS Chapter 704, as amended by AB 197
(6/5/2001)
Contact: Diana Howard
Office of the Governor
Nevada State Office of Energy
Phone: (775) 687-5975
E-Mail: dhoward@dbi.state.nv.us
Website: http://www.energy.state.nv.us
New Hampshire Electric Utility Restructuring (delayed)
Under the New Hampshire Public Utility Commission Order DR-96150
on Electric Utility Restructuring, electricity suppliers will
be required to disclose their resource mix. The New Hampshire
PUC's order, issued on February 28, 1997, was a detailed follow
up to the state legislature's Electric Utility Restructuring Act,
passed on May 21, 1997. The language of the PUC's order does not
specify the extent or the details of the disclosure requirement,
but requires that a working group within the commission be established
to determine the disclosure standards. The PUC's order specifically
states that portfolio standards are not the preferred method of
supporting renewables; rather, disclosure provisions are more
consistent with the goals of supporting renewables in an open
power market.
For further information see PUC Order DR-96150 and RSA 374-F:1
http://www.state.nh.us.governor/energycomm
Contact: Meredith Hatfield
New Hampshire Governor's Office of Energy and Community Services
Phone: (603) 271-3025
E-Mail: mhatfield@gov.state.nh.us
Website: http://www.nhecs.org
New Jersey Fuel Mix and Emissions Disclosure
As part of its 1999 electric utility restructuring legislation,
New Jersey mandates the disclosure of fuel mixes and emissions
information by each electricity supplier or basic generation service
provider serving retail customers (residential, commercial and
industrial). The New Jersey Board of Public Utilities (Board)
adopted interim environmental disclosure standards on July 26,
1999.
Disclosure information must be published in a standardized label
format and distributed as part of advertising materials, customer
billing materials, and customer contracts. Information must be
updated in semi-annual mailings. This disclosure requirement applies
to every electricity supplier and every electricity product, regardless
of whether or not the supplier is making an
environmental claim about the electricity product.
For further information see N.J.S.A. 48:3-49 et seq.
http://www.bpu.state.nj.us/wwwroot/energy/energy.htm
Contact: Linda Nowicki
New Jersey Board of Public Utilities
Phone: (609) 777-3314
Fax: (609) 777-3336
E-Mail: nowicki@bpu.state.nj.us
Website: http://www.bpu.state.nj.us
New York Disclosure (proposed)
On December 15, 1998, the New York Public Service Commission (PSC)
issued an order requiring electric suppliers to provide information
to customers regarding the environmental impacts of electricity
products. This information must be disclosed in a standardized
label twice annually. The order also requires suppliers to disclose
fuel mix--compared to a statewide average--as well as the quantities
of 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 2002.
For further information see PSC Opinion 98-19 (Case 94-E-0952)
http://www.dps.state.ny.us/fuelmix.htm
Contact: K. Bala
New York Public Service Commission
Phone: (518) 486-2464
Website: http://www.dps.state.ny.us/
Ohio Fuel Mix and Emissions Disclosure
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). As of January 2001, retail providers
must disclose fuel mix and emissions data for each electricity
product offered. Disclosure must be 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.
For further information see SB 3 (1999)
http://www.puc.state.oh.us/ohioutil/Energy/ERIndustry/errules.html
Contact: Information Specialist - PUC
The Public Utilities Commission of Ohio
Phone: (614) 466-3204
Website: http://www.puc.state.oh.us/
Oregon Fuel Mix and Emissions Disclosure
Under Oregon’s 1999 electric utility restructuring legislation,
electricity suppliers will be required to disclose their fuel
mix and emissions. Beginning March 1, 2002, disclosure must be
supplied using a format prescribed by the Oregon Public Utility
Commission. Power source and environmental impact information
must be provided to all residential consumers at least quarterly.
Power source information must be reported as the percentages of
the total production supply, including coal, hydroelectricity,
natural gas, nuclear, and other fuels including but not limited
to new renewable resources, if over 1.5 percent of the total fuel
mix. 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.”
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.
For further information see 1999 SB 1149
http://www.arcweb.sos.state.or.us/rules/OARS_800/OAR_860/860_038.html
Contact: Phil Carver
Oregon Office of Energy
Phone: (503) 378-4040
Fax: (503) 373-7806
Pennsylvania Fuel Mix Disclosure (upon request)
In April 1998, the Pennsylvania Public Utility Commission (PUC)
issued final rules requiring retail electricity suppliers to “respond
to reasonable requests made by consumers for information concerning
generation energy sources.” Suppliers must respond to these
requests “by informing consumers that this information is included
in the annual licensing report and that this report
exists at the Commission.” 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 green
or environmentally friendly) must substantiate these claims.
For further information see 1997 House Bill 1509 and 52 Pennsylvania
Code 54.6
http://www.oca.state.pa.us
Contact: Dan Griffiths
Pennsylvania Office of Consumer Advocate
Phone:
(717) 783-5048
Fax: (717) 783-7152
E-Mail:
dgriffiths@paoca.org
Texas Fuel Mix and Emission Disclosure
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. After January
2002, 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.
There are certain requirements for printed advertisements, Web advertisements,
direct marketing materials, billing statements, terms of service
documents, and “Your Rights as a Customer” disclosure
information distributed by retail electric providers (REPs) and
aggregators. Under these requirements, materials: (1) must be provided
in a readable format, written in clear, plain, easily understood
language; (2) must not be fraudulent, unfair, misleading, deceptive,
or anti-competitive as prohibited by federal and state law; and
(3) upon receipt of a license or certificate from the commission,
shall include the REPs certified name or the aggregators registered
name, the number of the license, plan name, and name of the product
offered.
The fuel mix section of the Electricity Facts label must include
a table showing percentages of net system power generated by coal
and lignite, natural gas, nuclear, renewable energy [comprising
biomass power, hydro power, solar power, and wind power], and other
sources.
For further information see TAC Section 25.475, PUC Substantive
Rule Section 25.475
http://www.puc.state.tx.us/rules/subrules/electric/25.475/25.475ei.cfm
Contact: John McElroy, Jr.
Office of Public Utility Counsel
Phone: (512)
936-7518
Fax: (512) 936-7520
E-Mail:
mcelroy@opc.state.tx.us
Virginia Fuel Mix and Emissions Disclosure
The Virginia State Corporation Commission (SCC) ruled on June 19,
2001, that electric service providers must report to their customers
and file a report with the SCC disclosing—to the extent feasible—fuel
mix and emissions data for the previous year. The information must
be supplied by March 31 of each year. If such data are unavailable,
providers must file a report with the SCC explaining why. Competitive
service providers that make specific claims about products must
maintain documentation supporting any such claims. This 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.”
For further information see 20 VAC 5-312-10; 20 VAC 5-312-70 (Final
Order 6/19/01)
http://www.state.va.us/scc/caseinfo/pue/case/e010013c.pdf
Contact: Tom Lamm
Virginia State Corporation Commission
Phone:
(804) 371-9141
Washington Disclosure
Washington is one of several states that requires disclosure even
though its electricity market has not been restructured. Beginning
in May 2001, retail electricity suppliers in Washington must provide
a disclosure label in a standard format to their retail customers
at least semiannually. The disclosure label must be provided to
new customers at the time service is established. Existing customers
should receive the disclosure label as a bill insert or mailed publication.
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.”
Disclosure of fuel mix information must be in a two-column, tabular
format showing the percentages of each category of fuel used, including
categories for coal, hydroelectric, natural gas, nuclear, and other
generation identified by percentage and adding up to 100%.
For further information see 2000 EHB 2565: Code of Washington 19.29A
http://www.leg.wa.gov/pub/billinfo/1999-00/house/2550-2574/2565.pdf
Contact: Robert Manifold
Washington Utilities and Transportation Commission
Public Counsel Section of the Attorney
Phone:
(206) 464-6595
Fax: (206) 389-3058
West Virginia Fuel Mix and Emissions Disclosure (proposed)
In August 16, 2000, the West Virginia Public Service Commission
(PSC) issued proposed rules for disclosure by all retail electricity
suppliers. However, 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.
As a result, the adoption of final disclosure rules has also been
delayed.
The proposed rules would require all retail electricity suppliers
to provide information to the PSC regarding the fuel mix and emissions
associated with electricity products. The information would be provided
four times annually and posted on suppliers' Web sites; it would
also be made available to customers upon request. The PSC 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.
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.
For further information see 1998 HB 4277
http://www.psc.state.wv.us/orders/2000%5F08/series3%5F16.htm
Contact: Bob Teets
West Virginia Public Service Commission
Phone:
(304) 340-0365
Website: http://www.psc.state.wv.us/
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