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SALT LAKE CITY — A bevy of political opponents of a massive energy policy bill dealing with Rocky Mountain Power were cautiously jubilant Thursday after the legislation was defeated on a 33 to 40 vote.
They then bemoaned its resurrection and passage a few hours later in the House. SB115 survived on a 46-26 vote.
"They had to lie to do it," said Claire Geddes, a longtime consumer advocate and legislative watchdog.
The measure, sponsored by Senate Majority Whip Stuart Adams, R-Layton, proposes to remove policymaking decisions from the Public Service Commission and give them to the Utah Legislature.
Adams and other supporters said it should be the 104-member elected body directing energy policy, rather than a three-member unelected commission.
Proposed by the utility company, the Utah Sustainable Transportation and Energy Plan establishes a five-year pilot program in which Rocky Mountain Power can make substantial financial investments in programs like clean coal technology, electric vehicle infrastructure and "innovative" utility programs such as battery storage.
"Our customers have told us that they want reasonably priced electricity but also want clean energy options," Rocky Mountain Power president and CEO Cindy A. Crane said in a prepared statement after the bill's passage.
"We worked with legislators and community leaders to refine the STEP bill so we could accomplish that goal."
Critics said SB115 is an ornamental air quality bill only designed to grant the monopoly utility more power and discretion when it came to rates, solar energy and operation of its coal-fired power plants.
This bill is a shareholders' wish list.
–Rep. Earl Tanner
"This bill is a shareholders' wish list," said Rep. Earl Tanner, R-West Jordan, arguing it was not in the best interest of ratepayers.
Rocky Mountain Power and its supporters stressed that the utility company needs the financial flexibility to adopt to a transforming energy landscape by modifying its risks. Those risks — its incurred costs — are in an energy balancing account that currently has it splitting those liabilities with ratepayers at a 70 percent to 30 percent mix.
Under Adams' measure, the company can recover 100 percent of its costs — but with oversight of the expenditures still exercised by the Public Service Commission.
Rep. V. Lowry Snow, R-Santa Clara, said there was "nothing" in the bill that would allow Rocky Mountain Power to set its own rates, and the bill had been modified so net metering solar customers would not be harmed by any of its provisions.
Proponents also stressed that Rocky Mountain Power needs flexibility to adjust to the federal regulations being directed at fossil fuels.
"Do we believe there is a war on coal? Do we believe there is a war on fossil fuels?" said Rep. Ken Ivory, R-West Jordan. "If so, we can do something prospectively. … Do we want to wait and let it hit us in the face?"
Geddes and others insist ratepayers will suffer.
