ILNews

Will Indiana's economy cool due to rising energy costs?

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Focus

If you own the poplar iPhone application “Gas Buddy,” then you are no doubt familiar with its periodic “Price Hike Alerts” warning of impending local gas price spikes. Though not as imminent or dramatic as the overnight price spikes we often see at the pumps, there is indeed an increase looming for Indiana’s electricity prices. Indiana is losing its foot-hold as a low-cost energy state, having dropped from fourth to 13th in the nation since 2002. The reason? Simply stated, new and pending environmental regulations are requiring cleaner coal energy. For better or worse, more than 80 percent of Indiana’s electricity generation comes from coal. The cost to clean up the coal plants to meet environmental regulations can easily climb into the hundreds of millions.

shoultz Shoultz

Another culprit for Indiana’s rising energy costs is Father Time. More than 76 percent of Indiana’s utility-owned electricity generating units are nearing retirement with over 30 years in service. There’s a bit of a perfect storm brewing, leaving Indiana utilities with few good choices for serving demand, controlling prices and complying with environmental regulations.

Indiana’s largest commercial and industrial companies are understandably concerned. One Hoosier manufacturer has stated that utilities account for approximately 50 percent of its total costs to convert raw materials to a finished, marketable product. Many of Indiana’s manufacturers are competing nationally and internationally. While Indiana enjoys the jobs and tax contributions from large companies, the cost of energy often plays a significant role in a company’s decision to stay here, particularly when millions can be saved by relocating production facilities to another state or country with lower-cost energy.

Like commuters jockeying to find cheap gas before the price hike, some Indiana companies are exploring ways to minimize the harm expected from increasing electricity prices. Some are considering building their own generation facilities; others are seeking discounted rates through special contracts with their electric utility. Many are taking a closer look at ways to conserve energy, either through efficiency measures or by agreeing to interrupt their operations during high-cost peak demand periods.

Policymakers have noticed. In the 2013 session, the Indiana General Assembly passed legislation that, among other things, allows large customers to apply for short-term discounts of up to 30-percent off a portion of their electricity bill. To receive the discounts, companies must get approval from the Indiana Economic Development Corporation and show that the discount is necessary to attract and maintain jobs. After prodding by some of Indiana’s largest companies, the Indiana Utility Regulatory Commission is now investigating whether large users must pay for their utility’s standard energy efficiency programs if the customer self-funds its own initiative that is specifically tailored to reduce the customer’s energy consumption.

Many question if Indiana can be saved by competition. On Sept. 19, the Indiana General Assembly’s Regulatory Flexibility Committee will hear at least one view on whether Indiana’s law should be changed to allow customers to choose their electricity provider. Proponents of the idea say that in “customer choice” states like Illinois, customers enjoy lower overall electricity prices because the competitive market is at work. Opponents, including Indiana’s investor-owned utilities, say that states with customer choice actually have higher electricity rates. They claim that an open market creates volatility, which in turn discourages utilities from investing in much-needed baseload capacity.

It is too soon to tell whether our state’s energy policy has gone far enough to save Indiana’s economy from an exodus of our largest businesses. Will our leaders successfully navigate the complicated political waters to create energy policies that attract and retain jobs critical to Indiana’s economy while satisfying residential customers, utilities and federal mandates for cleaner energy? It is a tall order, for sure, but we need to get it right.•

__________

Nikki Shoultz is a partner is the Utilities, Energy & Renewables Group at Bose McKinney & Evans LLP. She can be reached at nshoultz@boselaw.com.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT