Archive for Northern Illinois Municipal Power Agency (NIMPA)

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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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.

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Prairie State units back up after outage

By David Zoeller, Paducah Sun –  PADUCAH, KY – “Prairie State Energy Campus’ two generating units being off-line last weekend did not have any impact on Paducah Power System or its customers, officials said.

According to Andrea Underwood, PPS director of community relations & marketing, both generating units ‘tripped off early Saturday morning when an insulator went to ground in the switchyard’ during an ice storm.

It wasn’t clear if the weather was the reason, and an analysis is underway to determine the cause, she said.

‘Unit 1 came back up Monday, and Unit 2 came back up Wednesday night,’ Underwood said. ‘Both units are in full generating mode.’

Prairie State is the chief supplier of electricity for PPS. Each of Prairie State’s two 800-megawatt generating units have been off-line for periods in the past, as the plant went through a prolonged ‘shakedown’ phase since its 2012 opening.

The Illinois-based plant being off-line previously resulted in Paducah Power having to pay more for power on the wholesale market while still having to pay Prairie State as an owner/investor. That caused an increase in PPS’ power cost adjustment, which boosted rates to the point that they are now believed to be the highest in the state.

In hopes of stabilizing its financial situation and provide relief to ratepayers, the PPS board recently enacted a rate recovery plan. It calls for, among other things, using surety bonds to free up debt service reserve funds, and reducing its purchased power costs by using a new resource portfolio manager. PPS officials have also noted the recent improvement of the Prairie State plant.

‘While it’s in our best interest for Prairie State to run as well as it can, we would consider this a blip’ Underwood said of the event last weekend.

‘In our recovery plan, our financial projections for the rest of the fiscal year were based on a conservative 77 percent capacity factor for Prairie State,’ Underwood said. ‘Prior to this weekend’s outage, Unit 1 had a record run of 113 days. The overall capacity factor for both units in November was 91.3 percent. December was 76.4 percent and January was 88.4 percent.’

According to Underwood, PPS believes its projections on Prairie State’s forced outage rate and capacity factor are right on target.

‘We thought we had very realistic numbers,’ Underwood said, ‘so this outage doesn’t change our projections at all.'”

Contact David Zoeller, a Paducah Sun staff writer, at 270-575-8676, [email protected]

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Ideas for rate relief from another city facing high power bills

WPSD Local 6: Your news, weather, and sports authority

BATAVIA- Paducah Power customers pay one of the highest rates in the state for energy. It’s an issue we’ve been tracking since last winter, when residents and business owners started getting bills two and three times bigger than expected.

The problem boils down to a decision Paducah Power board members made to invest in a new, coal-fired power plant in 2005. Now, Paducah Power System gets the majority of the city’s energy from The Prairie State Energy Campus in southern Illinois, but the business deal hasn’t worked out like they thought it would.

Mayor Galye Kaler has described the cost of energy as the biggest problem facing the city since the great flood, but Paducah isn’t the only town looking for ways to fix the Prairie State problem….

By Briana Conner, WPSD News

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Former Galion law director says refund issue will be on ballot

The charge was led by Don Faulds, Roberta Wade, and John Smella. These Galion residents have been at the forefront of the AMP/Prairie State issue since the beginning. They held a public meeting at the Galion Public Library Tuesday night in an attempt to share their information with the broader Galion public.

They were joined in presenting by Andrew Flock, Neocles Leontis, and Sandy Buchanan who have similar stories to tell about AMP/Prairie State from other communities.

The tenor of the meeting was education and unity for the residents of communities footing the AMP bill, and unity among the constituent communities as they look to confront the issue.

wade o'leary press conferenceWade in particular promised an issue forcing the city to refund overcharges would be going on the ballot after the first of the year. Wade indicated the reasons for the proposed ballot issue are intertwined with the wider AMP/Prairie State story; but the specifics have to do with the government of the City of Galion.

This lawsuit would seek to restore to the residents of Galion some $4 million in what Wade claims are overcharged electric rates. In what Wade termed the “money grab of 2009,” the group says that a Power Cost Adjustment (means through which electrical rates are adjusted) grossly overcharged the residents of Galion until 2012. They added that during this period the electrical fund balance went from approximately $3.5 million to $7.5 million, and that this rate adjustment was done in an underhanded fashion.

Wade cited her time as a member of City Council in this era, which was also when the city tried to double sewer and water rates. These measures were carried out in the light of day, and as such were defeated by Wade and other members of council. Wade alleges the PCA was not done in such open circumstances and this is how it got through.

‘We know the PCA overcharged you,’ Wade said, ‘You’re owed a refund for that money you were overcharged, it’s that simple.’…..

Flock is a city council member in Painesville, and AMP customer; Leontis is a professor at Bowling Green State University, and Bowling Green is an AMP customer; and Buchanan is an executive director with the Institute for Energy Economics and Financial Analysis. Flock and Leontis outlined how their respective communities have dealt with similar situations in regard to their power. Buchanan spoke of other constituent communities who have begun to take action against the group.

Of particular encouragement was the story of Marceline, Mo. This city had a mayor that swore, ‘I’m not going to let this destroy our community.’ This mayor was able to work a deal with AMP to settle out of the contract. This apparently was enough to inspire Paducah, Ky, to attempt something similar.

‘If they succeed in making a deal, every other city should make a deal,’ Buchanan said.

The meeting ended with plans for another meeting after the first of the year, tentatively for Jan. 20. Wade reiterated her commitment to the proposed ballot issue regarding the PCA funds, as well as an allusion to ‘other’ ballot initiatives. Wade stated that she has received feedback from the community that all they do is talk. She made it quite clear that the time for action has now come.”

by Gary Ogle & Andrew Walsh, Crawford County Now

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Batavia calls for investigation into energy plant

Batavia, IL – “The city of Batavia formally requested that Attorney General Lisa Madigan investigate whether there was anything “inappropriate” about its deal with Prairie State Energy, the city’s energy provider.

In a unanimous vote, and to a round of applause from the audience, the council approved Monday night a resolution that reads:

‘… The City respectfully requests the Illinois Attorney General to conduct an investigation and audit of the Prairie State Project agreements and contracts and the communities currently obligated under them to determine the following: 1. whether the City of Batavia was given full and accurate information about the Prairie State Project prior to the time it entered into the agreements, 2. whether any affirmative, material misrepresentations or material omissions were made in the presentation of information to the City of Batavia with respect to the Prairie State Project …’

The letter to Madigan states that Batavia, as a member of the Northern Illinois Municipal Power Agency, was not given as much time to consider signing on to the project as other partners elsewhere. Batavia, along with Geneva and Rochelle, belong to the agency, which has a long-term deal to purchase power from Prairie State, a Southern Illinois coal plant.

…”

— ALEXA AGUILAR, CHICAGO TRIBUNE

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Batavia residents renew call for investigation into electric project

BATAVIA – “Residents at Monday’s Batavia City Council meeting repeated their call for the city to ask Attorney General Lisa Madigan to investigate Prairie State Energy Campus.

“The details of who knew what [and] when is still not known today,” said resident Betsy Zinser, in addressing aldermen. Zinser and others presented a letter to aldermen signed by more than 1,000 residents calling for an investigation.

Aldermen at a Joint Committee of the Whole meeting in September unanimously recommended the city should ask Madigan to conduct an investigation. Mayor Jeff Schielke said the city attorney is in the process of drafting the language for the request for an investigation. He said the full City Council is set to vote on the request for an investigation at its next meeting in November.

“We expect that this action will be taken in the very near term,” Schielke said. That statement received loud applause from audience members.

…”

— ERIC SCHELKOPF, KANE COUNTY CHRONICLE

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Geneva OKs resolution on Prairie State lawsuit

GENEVA – “Aldermen unanimously approved a resolution for a common interest agreement between Geneva, Batavia, Rochelle and the Northern Illinois Power Agency.

Monday’s vote followed a half-hour closed session, which authorized city attorney Charles Radovich execute the agreement on Geneva’s behalf.

Batavia, Geneva and Rochelle are named respondents in discovery in a lawsuit filed in August by Batavia businessman Joe Marconi over the city’s investment in the downstate Prairie State Energy Campus.

In 2005, the Northern Illinois Municipal Power Agency, of which Batavia, Geneva and Rochelle are members, agreed to a long-term contract to purchase electricity from Prairie State.

Radovich said the defendants petitioned the Seventh Circuit Federal Court to take the case instead of having it heard in Kane County. The request is pending, he said.

“The common interest agreement … will really help the city attorneys that are members of NIMPA coordinate and discuss any discovery requests that they may make if the case comes back to state court – and there is no certainty that it would come back,” Radovich said.

The resolution states that any party can withdraw from the agreement at any time.”

– BRENDA SCHORY, KANE COUNTY CHRONICLE

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Prairie State project topic of Batavia event

 

kane co chronicle

BATAVIA – “The city’s investment in the downstate Prairie State Energy campus will be the topic of discussion in a presentation at 7 p.m. Oct. 13 at the Batavia Public Library, 10 S. Batavia Ave., Batavia.

Batavia resident Betsy Zinser will speak at the presentation, which is being sponsored by the Sierra Club. Earlier this year, Zinser spoke at a similar meeting. Zinser said she supported a recent recommendation by aldermen that the city should ask Attorney General Lisa Madigan to investigate Prairie State Energy Campus.

‘I feel an investigation needs to happen,’ Zinser said.

The action follows on the heels of Batavia businessman Joe Marconi recently filing a class-action lawsuit in Kane County Circuit Court over the city’s investment in the downstate campus.

In 2005, the Northern Illinois Municipal Power Agency, of which Batavia is a member, agreed to a long-term power contract to buy electricity from Prairie State. Geneva and Rochelle are other members…

Zinser noted the group Batavians for Clean Energy and Conservation had raised financial concerns about the project in 2007 as it was moving forward. Zinser was a member of the group at the time…”

 

Chicago Suburb Will Seek Legal Review of Prairie State Deal

By Yvette Shields, Bond  Buyer  – CHICAGO – “Batavia, Ill., officials plan to ask state Attorney General Lisa Madigan’s office to examine the city’s 2007 decision to purchase power from the controversial bond-financed, coal-fired Prairie State Energy Campus.

A committee-of-the-whole of the council voted this week to draft a letter requesting the probe and once final it will go before the council for approval, said city administrator Bill McGrath.

The action comes after a group of ratepayers from the Chicago suburb filed suit in the summer, seeking compensation for steep energy rate hikes and other taxes they’ve paid beginning in 2012 due to construction delays and cost overruns that drove up the cost of the project by more than $1 billion to $5 billion.

The Washington County, Ill. campus includes a coal-fired plant that generates 1600 megawatts of electricity, and an adjacent mine to provide the coal. Public utilities in Illinois, Indiana, Kentucky, Missouri, and Ohio issued $4.5 billion of debt to finance their ownership.

Peabody Energy Inc. initially sponsored the project and still owns a small stake along with two rural power cooperatives. As the costs for the project rose so did the costs passed along to local government users.

Batavia administrators recommended the probe and council members, many of whom were elected after the decision on Prairie State was made, agreed….

City officials are hampered somewhat in publicly releasing all information related to the agreement because of confidentiality agreements. While the city must answer to ratepayers and residents who elect its council members, it is a participant in the project with a fiscal stake should any wrongdoing be uncovered that impacts the plant’s status or bonds. Documents from one of the joint power agencies previously disclosed that the Securities and Exchange Commission had launched its own probe.

The complaint filed by Batavia ratepayers in Kane County, Ill. Circuit Court alleges negligent misrepresentation by five consultants and advisors Batavia used to assess whether to enter into a 28-year take-or-pay contract.”

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Report cites continued operating issues, expensive electricity at Prairie State

snlfinanciallogo“An environmental research group on Sept. 26 pounced on recent operating performance data for the coal-­fueled 1,600-­MW Prairie State Energy Campus, saying the plant continues to underachieve and produce expensive electricity.

The Institute for Energy Economics and Financial Analysis, or IEEFA, which frequently supplies economic testimony against coal projects, said in a report dated Sept. 22 that the Illinois plant achieved a 64.1% capacity factor through the first eight months of the year, below the 78.5% capacity factor that the owners projected. The performance did represent an increase compared to the 58% capacity factor in 2012 and the 60% capacity factor in 2013.

IEEFA cited data from American Municipal Power Inc., or AMP, and the Northern Illinois Municipal Power Agency, two co-­owners of the plant. IEEFA said AMP’s average cost of power from Prairie State during the first eight months of 2014 was $76.07 per MWh, not including transmission or congestion costs. IEEFA said that total is 40% more than it would have cost AMP to purchase the same amount of energy and capacity from the competitive PJM Interconnection LLC wholesale markets. The disparity is even larger for the Northern Illinois Municipal Power Agency through July, IEEFA said.

IEEFA said a Prairie State executive told the Paducah (Ky.) City Commission that it will take at least three more years to stabilize operations at the plant. The executive also cited a series of problems caused by the characteristics of the coal produced at the Lively Grove mine for the plant, IEEFA said. Coal producer Peabody Energy Corp. owns a 5% interest in the plant.

‘There is no evidence that Prairie State has made or is on the verge of making a significant turnabout in terms of operating performance or costs or that the cost of power will be below market prices at any time in the foreseeable future,’ IEEFA said in the report. ‘Instead, the cost of power from Prairie State will continue to be much more expensive than buying power from the competitive wholesale markets for many years.’

Prairie State, one of the last coal-­fired plants built before federal greenhouse gas regulations made coal plants much more difficult to pursue, is the target of a class action lawsuit alleging Indiana Municipal Power Agency, another plant co-­owner, and various consultants misrepresented the cost of the plant’s power….”

By Darren Epps, SNL Financial

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