Waxman-Markey giveaways pit consumer protection against climate
protection:Poor design creates zero sum game -Posted 4:16 PM on 26 May
2009  by Gar L Lipow

http://www.grist.org/article/waxman-markey-giveaways-pit-consumer-protection-against-climate-protection
http://tinyurl.com/WaxMarkPassThru

Waxman-Markey supposedly requires a large percent of the savings from
free permits to be passed along to consumers. The intent is that they
act as protection against price increases rather than a source of
profits for large companies. Unfortunately, to the extent this works, it
is likely to dampen the price signals that are supposed to help
emissions. Equally unfortunately, these provisions are much harder to
enforce than appears at first glance.

Let’s focus on free permits for electric utilities for a moment, and how
they would affect consumer incentives for efficiency if passed along.
Electricity generating companies are supposed to rebate their savings
from free permits to consumers, but on some fixed basis rather than per
kWh. As an example of one valid means to comply: utilities receive
permits equal in value to 1 cent per kWh. They use these to continue
polluting, then add 1 cent per kWh to their charges, then subtract the
revenue from that on fixed basis per electric bill. Under this system
the majority of consumers will see their electric bills stay the same or
fall. Very large electricity consumers will see a slight increase, but
much lower than if the full price of permits were being passed along.
Someone stuck in the  Efficient Market paradigm that modern economics
has moved past will reason as follows: consumers will see a lower total
electric bill than without free permits, but the marginal cost per
additional kWh hour rises as much as if they did not exist. So consumers
have the same marginal incentive to save as if permits were not handed
out for free. Tranlated out of economic jargon, that says that buying a
water saving shower head, or an energy efficient light bulb saves
exactly the same as if the free permits had not been handed out.

As consumers we don’t sit around making marginal utility calculations
when we buy light bulbs. Someone not already motivated to buy energy
sippers at current energy prices won’t be motivated by a change in
allocation on their bill if that *total* *bill* *does* *not* *go* *up*.

This is where cap-and-dividend or tax-and-dividend plans that are often
contemptuously dismissed shine.  A plan that increases an electric bill
$35 and give the household with the higher bill $35 in cash  (not tied
to the size of the electric bill), provides almost same price signal as
without the incentive. The way most of us think, the $35 check gets
lumped in with the rest of our income as a not very big change. Whereas
the $35 increase in our electric bill gets compared to the rest of our
electric bill, NOT to our total income - a much bigger change.
So, to the extent that most of savings or revenue from free permits get
passed along to consumers in lower utility bills this dampens the price
signal to consumers to lower their usage.  To the extent utilities pass
revenue from selling permits along to consumers that also dampens the
incentives for them to reduce emissions in order to sell permits,
because they don’t stand to keep much of the profit.

To the extent free permits combined with pass-through requirements
actually work as a back door cap-and-dividend, they undermine the
incentive they are supposed to provide to reduce emissions. Whereas a
real cap-and-dividend (or tax-and-dividend) combines real incentives
with consumer protection by providing cash payments, rather than price
reductions.

That comparison shows how Waxman-Markey reduces incentives to cut
emissions when savings really are passed along. But it is not as obvious
as proponents think that savings will be passed through to consumers.
The language certainly sounds strong to many analysts, including Joe
Romm.  But the pass-through programs are NOT detailed in the bill.
Instead there is a stringent-sounding set of requirements for rate plans
which would be designed in detail by utility companies. Utilities hire
some of the best lawyers and accountants outside of Hollywood and the
Mafia. Analysts are over-confident when they assume utilities and other
recipients of free permits won’t find loopholes that let them legally
keep many of the savings or profits from those free permits.

But suppose Waxman and Markey have done the highly improbable and
designed a loophole-free set of utility requirements. How do we enforce
them? Can we really count on the under-resourced EPA, whose priority is
and should be reducing pollution, to devote much effort to consumer
protection? Will state utility commissions, who are also underfunded,
and often in bed with utilities, outmatch utility lawyers, accountants
and consultants? In the end, utilities will pass along permit savings
and profits to extent lawsuits force them to. Mostly this will be in
settlements for pennies on the dollar. Full compliance with the law is
for little people, not large regulated entities. And that applies to all
recipients of free permits, not just electric utilities.

If money is really expected to be passed through to consumers, then why
is it not done by auctioning the permits, and writing checks to
consumers in the same proportion as utility bills and gas prices will
supposedly be reduced under the current legislation? Every adjustment
for regional impact, and income level done via lower bills could be done
by adjusting the relative size of the checks.  The answer is simple:
under the system actually proposed entities receiving free permits
expect most of the profits and savings to stick to their paws, rather
than being passed along.
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