Archive for Indiana Municipal Power Agency (IMPA)

The Truth About Prairie State Energy Campus (Part 3): A Crippling Burden to Its Many Towns and Cities

That Giant Sucking Sound? An Ill-Conceived Power Plant Sapping the Economic Vigor of Communities Far and Wide …

SANDY BUCHANAN, IEEFA

Imagine, if you will, the small-business pillars of a town shutting their doors suddenly because they can’t pay their bills. Households having to choose between paying their heating bills and buying groceries. Bigger businesses, universities and hospitals being forced to cut jobs and programs so they can keep their lights on. Rating agencies raining pain on municipalities by downgrading their credit, which drives up the cost of living for residents of all stripes.

Sounds like a chapter from the Great Recession of 2007-2009. Which, of course, is what it could be—but it’s also a description of the consequences that people in towns and cities across the Midwest (and into part of Virginia) are suffering as a result of their decision to buy into the Prairie State Energy Campus, a project developed by Peabody Energy.

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link to full map

Peabody proposed the 1600-megawatt coal-fired power plant, which sits adjacent to its Lively Grove coal mine in Southern Illinois, about 10 years ago. Company executives told municipal electricity agencies that the price of electricity from the plant would be less than market prices. Local governments in more than 200 communities in eight states bought into the deal, many of them signing 30- and 50-year contracts.
A few towns and cities were convinced by Prairie State pitchmen that the price of electricity from the plant would be so low that they could sell it on the open market and make money. It was a tantalizing proposition: Cheap electricity and a profit to boot.

But the promise never materialized—plant construction ran $1 billion over budget, and operating failures since it opened in 2012 have pushed the price of the electricity it produces through the roof. Every community that bought into Prairie State has had to figure out how to adjust electric rates to account for generation prices that are often twice as high as market prices. Those municipal governments that were talked into believing they could sell some of their share of the electricity have taken an even bigger bath.

ON THE HOOK, NO MATTER HOW POORLY THE PLANT PERFORMS

Communities in Ohio, Missouri, Illinois, Kentucky, and Virginia have been particularly hard hit because they signed “take-or-pay” contracts with their umbrella municipal electric associations, which issued some of the bonds that paid for the $4.9 billion project. These communities pledged their electric revenues to pay back the bonds, and are now on the hook to pay for the plant no matter how expensive it is or how poorly it performs. They’re also obligated to pay a portion of the share of losses from other participating cities if those municipalities default.

These many contract provisions, which made the deal so attractive to the bond market are the very provisions that cause the most hardship for consumers. In a report on Prairie State issued on March 9, Fitch Ratings concluded that the plant has favorable “long-term fundamentals” because member communities will have to pay for the cost of power regardless of how high it goes.

Here’s how some of the towns and cities that own some of the largest shares of the plant are suffering from an investment that was supposed to bring them savings:

  • In Paducah, Ky., which owns the single largest municipal share of the plant (104 megawatts) even though the town’s population is barely 25,000, electricity rates have skyrocketed, and businesses have closed shop because they can’t pay for their electricity. Customers pay the highest power bills in the state, and Western Baptist Hospital estimates that its annual electric bill has soared by $800,000. A Fitch Ratings review in November 2014 said Paducah Power System, the local entity that bought into Prairie State, had only two weeks of cash on hand.
  • Batavia, Ill., the second-largest municipal stakeholder in Prairie State (55 megawatts) has had to raise its electric rates and increase its sales tax to keep up. The town required a $7.5 million subsidy from the state to protect its largest electric users, and citizens and small businesses filed a class action lawsuit last August against the firms that told the city it should join the deal. The city has also formally requested Illinois Attorney General Lisa Madigan to conduct a formal investigation into how this debacle occurred.
  • Columbia, Mo., the third-largest owner (50 megawatts) relies—unlike Paducah and Batavia—on Prairie State for only a portion of its electricity but recently has had to raise rates nonetheless, and residents are urging the City Council to hold hearings on the economic consequences of its long-term tie to the plant.
  • Danville, Va., which has a 49.76-megawatt share, is having such severe problems with its electric rates that it is trying to sell its municipal power agency to a private company. Complicating this is the fact that Danville and nearby Martinsville pay higher transmission and “congestion” costs for Prairie State power than many other member communities because they are located so far from the plant.
  • Bowling Green and Hamilton, Ohio, each have a 35-megawatt stake in the plant and both are suffering because of it. Bowling Green has raised its electric rates by 25 percent over the next five years to cover the cost of Prairie State’s electricity (and American Municipal Power’s very expensive hydroelectric plants). The situation has placed tremendous strain on Bowling Green State University, the town’s biggest electricity customer, and Fitch has cited Hamilton as being under “financial stress and considering rate hikes.”
  • Cleveland, Ohio, (24.8 megawatts), Piqua, Ohio, (19.9 megawatts) and Celina, Ohio (14.9 megawatts) are all noted for being at risk because of their exposure to Prairie State. Cleveland in particular is in jeopardy because Cleveland Public Power is the only municipal utility in the state that competes house-to-house with private utilities. If the utility’s rates become higher than its major competitor, FirstEnergy, it will most likely plunge into a financial spiral. Standard and Poor’s downgraded Cleveland Public Power’s bond ratings to “negative” last year, and an independent consultant hired by the city said its high-priced fixed contracts for electricity must be remedied.

A ‘TOXIC ASSET’ BEYOND THE MEANS OF ANY COMMUNITY

This list—damning though it is—doesn’t include the many other towns and cities—small communities, especially—that have been economically hammered by Prairie State, among them Hermann, Mo., which just last week filed a lawsuit that may serve as a model for others to follow.

There’s also the bit of history surrounding the town of Marceline, Mo., which set a precedent in 2014 by negotiating an exit from its deal with Prairie State, calling the plant a “toxic asset” it couldn’t afford.

In fact, no municipal member of Prairie State Energy Campus can afford it. To borrow a phrase from H. Ross Perot—that giant sucking sound you hear is the sound of Peabody Energy, investment bankers, bond brokers, accountants, lawyers and bondholders siphoning money from hundreds of thousands of ratepayer’s pockets.

Tomorrow: A Workout Is Not Out of the Question

Sandy Buchanan is IEEFA’s executive director.

www.ieefa.org

 

 

Bad bet traps Paducah in coal-fired nightmare

B9316124843Z.1_20150212191006_000_G6J9U86TR.1-0James Bruggers, The Courier-Journal – “Paducah’s municipal power system bet big on coal, and now the western Kentucky city’s businesses and residents are paying a penalty in skyrocketing electricity rates and suffocating debt.

The small public power system’s mountain of debt fueled in large part by an admitted over-investment in a coal mine and a brand new southern Illinois coal-fired power plant has been the talk of the town for several years. But people really became outraged last fall, when some customers were hammered by surprise catch-up bills as high as $1,800.

What had been promised to provide affordable, reliable electricity for decades, the Prairie State Energy Campus near Marissa, Ill., has turned into an economic nightmare with no long-term solution in sight.

Electricity rates surged to likely the highest in Kentucky, with residential bills in Paducah now about 60 percent higher than those of customers of the state’s four main investor-owned regulated utilities”….

Full article

 

U.S. Illinois Power Plant at Center of Midwest Rate Fights

By Julie Carr Smyth, ABC News – “High electric bills and environmental skepticism in towns across the Midwest are causing customers to wonder if they’ve been duped as power suppliers work to recoup investments in a financially troubled Illinois generating plant and coal mine.

Rate increases and equipment breakdowns were the opposite of what dozens of municipalities that invested in the Prairie State Energy Campus were promised: low-cost, reliable energy for decades to come.

Now, customers in Galion, Ohio, have threatened ballot action. They want the city to repay overcharges they allege were amassed to mask high electricity costs from the Washington County, Illinois, project.

In Batavia, Illinois, another group of customers filed class-action litigation alleging city-paid consultants misrepresented financial risks associated with the complex, constructed by coal producer Peabody Energy.

The municipal power provider in Paducah, Kentucky, contemplated bankruptcy after its customers blamed its decision to invest in Prairie State for some of the state’s highest electricity rates.

When Prairie State’s 1,600-megawatt generating operation, mine and landfill went on line in 2012, its development had cost $4.9 billion — more than twice the original estimate. That forced rate hikes and fees called power adjustments in many of the 217 municipalities and 17 electric cooperatives that invested in the project.

Prairie State’s defenders say it was expensive because it’s one of the country’s cleanest, most efficient power plants. As one of the few coal plants built in the U.S. in 30 years, it faced unanticipated costs in meeting tough, modern carbon emissions standards proposed by the Environmental Protection Agency that have vexed older coal-fired plants….

On Wall Street, the unbreakable nature of the take-or-pay contracts has been viewed as the strength of the Prairie State deal. However, the U.S. Securities and Exchange Commission has been investigating the financing deal after complaints from members of Congress and local officials across the region.”

Full article

 

 

Class-action suit filed over Batavia energy deal

batavia holm“A class-action suit filed in Kane County Tuesday alleges misinformation was provided about a downstate coal plant that ultimately has cost Batavia consumers higher electric rates.

Nine Batavia residents and business owners listed as plaintiffs in the suit allege that consultants hired by the city made negligent misrepresentations ‘with respect to the construction, operation and other aspects’ of the Prairie State Energy Campus and the cost of electricity generated at the coal plant, according to the 37-page complaint. They also claim the consultants made negligent investigations into the financial risks associated with the plant when the city agreed to help finance the project.

The suit lists five consultants — the Indiana Municipal Power Agency; IMPA Services Corp.; Rajeshwar G. Rao, president and chief executive officer of the Indiana agency; Sargent & Lundy LLC; and Skelly and Loy Inc. — as defendants and names 19 other entities, including Peabody Energy, the company that built the plant, and the City of Batavia, as respondents in discovery…

In March, the Batavia City Council voted to raise the city’s sales tax a half percent and raise rates on residential customers 6.5 percent in both 2014 and 2015, with a $4 increase to the monthly customer charge, to help make up for electric utility fund shortfalls related to its involvement in the Prairie State project.

Information about how other Batavia utility users can join the suit is available online at prairiestateenergycampusclassaction.com and will be provided at the Thursday meeting.”

By Stephanie K. Baer, Chicago Tribune 

Full article

 

Batavia resident suing city over electricity plant deal

dailyherald_marble_300Susan Sarkauskas, Daily Herald -BATAVIA – “A Batavia businessman and resident is suing the city to investigate its investment in the Prairie State Energy Campus.

Joe Marconi announced Monday night at the Batavia City Council meeting that he is filing a class-action lawsuit Tuesday in Kane County Circuit Court.

Besides Batavia, the suit will name Peabody Energy Co., the company that built the electricity-generating plant and the coal mine that feeds it; the Indiana Municipal Power Agency, the consulting division of which advised Batavia about the Prairie State project; Sargent and Lundy LLC of Chicago, another consultant to Batavia; and Raj Rao, who was president and chief executive officer of that consulting division. Rao is now the chairman of the Prairie State Generating Co. management committee.

Marconi’s attorneys have set up a website for the lawsuit, prairiestateenergycampusclassaction.com.

Marconi announced his lawsuit during the public comment portion of the meeting; the city council did not respond.

He said he is seeking other plaintiffs to join the lawsuit. He is hosting a meeting at 6:30 p.m. Thursday at the Batavia Public Library, 10 S. Batavia Ave., he said.

“We have distributed 1,140 pieces (fliers) of the big meeting we are going to have Thursday. … Everybody that I have given one of these to has just thanked me so much for doing something about the high electricity rates and the high taxes in this city,” Marconi told the council.

The cost of electricity from the plant is much higher than what was expected when Batavia and Geneva were deciding whether NIMPA should invest in the construction and operation.”

Full article

 

Prairie State deal deserves to be investigated

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CLEVELAND, OH – “Peabody Energy, the nation’s largest coal company, promised 217 municipalities and 17 electric membership cooperatives in the Midwest a source of low-cost, stable electricity in return for bearing the financial risk of building the Prairie State coal-fired power plant.   The plant, in Southern Illinois fully connected to the grid less than a year ago.

Construction costs came in at least one at least one billion dollars over budget. Struggling Midwestern communities are now being hit with high costs, which have to be passed along to residents and small businesses or absorbed by strapped city budgets.    If cities start to run out of money, defaults on the $5 billion of bonds issued for the plant may well occur.

The federal Securities and Exchange Commission (SEC) has subpoenaed Peabody Energy and at least one state umbrella municipal electric agency (Ohio’s American Municipal Power) about the development of the plant.  Such investigations are rare, and the municipalities participating in the Prairie State plant have a legitimate interest in any findings of the SEC’s investigation.   However, the SEC’s focus is primarily on protecting the investment community.  The state attorneys general in all of the affected states – Ohio, Indiana, Illinois, Missouri, Michigan, Virginia, and West Virginia – should also investigate this deal, since they are charged with protecting the interests of the ratepayers and the municipalities.

The risks of rising costs of the Prairie State deal were lowballed, and higher projections were hidden, from the communities when they signed on in 2007.  By September 2007,  at least two major reports, one done for the major trade association of the electric industry, and one by Standard and Poor’s, warned of the skyrocketing construction costs of coal plants.    American Municipal Power (AMP) itself, said that price increases in the expected construction costs of coal-based electric generation were “staggering” in a May 2007 state filing for another proposed (and later cancelled) coal plant. Nevertheless, developers did not warn the communities of these findings, and they gave a feasibility study to Ohio cities that said the Prairie State costs would rise at most by 6%.

Between 2007 and 2010, the industry as a whole cancelled more than 75 proposed coal plants across the United States, and both Peabody and AMP canceled other coal plants that were too expensive.  Why didn’t Peabody and other Prairie State owners reconsider their participation in Prairie State in light of these risks?

The operating performance of the Prairie State plant is far below expectations.   While most new plants experience a shakedown period, the problems at Prairie State appear to be more serious.  The plant was budgeted to run an average of 82% of the time (known as the “capacity factor”) but it has actually averaged 62%, so far, according to filings with the municipal securities board.

Both units of the plant are now scheduled to be shut down for extended outages this fall and winter   due to design and construction deficiencies. The plant’s purported advantage – that it is next door to the coal mine that feeds it – may actually be to source of some of its problems, since the coal appears to be poor quality and is not cleaned for impurities before entering the plant.  Who will have to bear the financial brunt of these outages?

Municipalities throughout the Midwest are experiencing financial hardships as a result of the Prairie State deal.  As documented in the front page story of the September 4, 2013, Chicago Tribune, “Towns pay a high price for power,” Ohio cities are receiving bills for $85 per megawatt hour – more than twice the cost of market power. Their rates would be as high as $121 without bond funds that are being used to cushion the blow.  The city manager of Marceline, Missouri declared the plant a “toxic asset” and divested his city from the plant in August.  Other Missouri towns are draining their reserves trying to sell the power on the market.  The three cities in Northern Illinois who make up the Northern Illinois Municipal Power have had to raise their electric rates because they underbudgeted the expenses by $4.5 million for the first six months this year. Batavia tried to sell its share of the Prairie State plant but could not find a suitable buyer.

On March 13, 2013 Moody’s downgraded the Paducah Electric Plant Board’s credit rating, in part due to its “off balance sheet” take-or-pay contract for the Prairie State plant.

In the meantime, market conditions continue to work against the plant. The residents, small businesses, and city officials of the affected communities deserve to know whether they were sold a faulty product.”

Op ed submission by Tom Sanzillo, Director of Finance and David Schlissel, Director of Resource Planning Analysis, IEEFA

Published in the following papers:

The Times Leader, Princeton, KY

Midwest Energy News, St. Paul, MN

Tribune Chronicles, Warren, OH

 

CAC calls on Indiana Attorney General to investigate increased costs associated with Prairie State Energy Campus

Indiana Attorney General Greg Zoeller

INDIANAPOLIS, IN — “Citizens Action Coalition is calling on Indiana Attorney General Greg Zoeller to investigate any potential misrepresentation that led to communities extending their contracts to purchase power from the Indiana Municipal Power Agency (IMPA), a utility aiding in the financing of the Prairie State Energy Campus (PSEC) in Southern Illinois. This power plant provides over-priced electricity to more than fifty municipalities across Indiana, including Anderson, Crawfordsville, Richmond, Scottsburg and Washington.

The call for this investigation arises from concerns surrounding Peabody Energy, the developer of PSEC that recently disclosed it is the subject of subpoena requests from the United States Securities and Exchange Commission (SEC) for issues relating to the development of the plant. While the scope of the SEC’s investigation is unclear, CAC believes there is more to learn about Peabody’s role in the substantial construction cost overruns, operational problems, and lack of transparency at PSEC in Marissa, Illinois, that has attracted the attention of these federal regulators.”

— Lindsay Shipps, press release, Citizens Action Coalition

link to full press release

letter from Citizens Action Coalition to Indiana Attorney General

 

Ratepayers face higher electricity bills

 

INDIANAPOLIS, IN — “Peabody proposed the 1600 MW plant in 2001. But they were soon working aggressively with state power agencies, including the Indiana Municipal Power Agency (IMPA), to persuade communities to sign long-term contracts to buy coal-fired electricity from the plant. Today, 217 towns and 17 electric co-ops, most of them in Ohio, Indiana, Illinois and Missouri, have signed on to buy this electricity. Among them are 52 Indiana communities, ranging in size from tiny villages like Advance and Jamestown up to mid-size cities like Richmond and Anderson.

These towns and cities get wholesale power through IMPA and they’re on the hook for the project’s rising costs. In 2004, Peabody said the Prairie State Energy Campus would cost $1.8 billion to build. Estimated costs had skyrocketed to $4.1 billion by 2007 and to $4.9 billion by 2010.

When selling communities on buying electricity from the plant, Peabody Energy and municipal power agencies promised them low-cost electricity for years, starting on day one of commercial operations, Sanzillo said. But the cost of wholesale electricity is over $80 per megawatt hour (MWh), when you take into account the additional payments made earlier this year, the group reported. Prairie State Generating Company said in a statement that it’s $50-$55 per MWh. In any case, the going rate for wholesale electricity in the region is $41 per MWh, according to the report.

— Dan Ferber, NUVO Newsweekly

link to article

 

Midwest coal plant expensive for cities, utilities-report

NEW YORK, NY — “‘Far from being a low-cost source of energy, the first year cost of power from Prairie State is 40 to 100 percent higher than the current cost of power in the Midwest wholesale markets and is expected to remain higher than market prices for the next 10 to 13 years, if not longer,’ said Tom Sanzillo, the institute’s finance director, in a statement.

This will result in ‘significant fiscal problems’ for the participating communities and higher utility bills for 2.5 million ratepayers, the group said. In addition, hundreds of millions of dollars of bonds were also sold by municipal power agencies for the Prairie State project, including Ohio’s American Municipal Power and the Indiana Municipal Power Agency, according to the group.

A Peabody Energy spokesperson called the report ‘an advocacy piece in the guise of serious research.'”

Reuters

link to article

 

New Report: Many Hoosiers on the hook for higher electricity costs

INDIANAPOLIS, IN — “The Indiana Municipal Power Agency, which has more than 50 member utilities in Indiana, purchased a 12 percent stake of the plant or approximately 200 megawatt hours. Earlier this year, plant construction delays had consumers paying off bonds for the project before they received any power. The first of two generating units has been operating since June.

Kerwin Olson, executive director of Citizen Action Coalition in Indiana, says Prairie State is a bad investment for Hoosier utility customers.

‘The ratepayers of the 52 municipal utilities throughout Indiana are on the hook for that $741 million and will see their electric bills increase more than they otherwise would, absent this unnecessary and overly expensive project.'”

— Leigh DeNoon, Public News Service Indiana

link to article