Several state legislatures within the PJM footprint are considering bills that would mandate public utilities report every vote they cast at the RTO, with some also requiring a description of how those actions would benefit ratepayers.
Maryland Del. Lorig Charkoudian (D) said she believes there is widespread interest in expanding transparency as capacity costs sharply increase and PJM proposes major transmission expansions and costly reliability-must-run (RMR) agreements with generation owners. Charkoudian has proposed legislation in the past three sessions that would require public utilities to submit annual reports detailing their votes.
The Maryland House of Delegates is set to vote on SB0037, with language that mirrors a bill Charkoudian introduced last year, on April 1. Similar legislation has been proposed in Delaware, Illinois, Virginia, Pennsylvania, Indiana, West Virginia and New Jersey.
Charkoudian said when utilities that are granted a monopoly in exchange for acting in the public interest are voting on those topics at PJM, it is imperative that state legislators and regulators have insight to ensure they are upholding their end of the deal.
“I think that for a very long time, most people’s eyes would glaze over when you talked about PJM. It is legitimately hard enough to understand energy policy in the state … and also talking about an RTO with 13 states and a governance process that as far as I can tell is purposely obfuscated,” she said. “I’ve spent a lot of time trying to figure out how we engage … given that PJM acts as a shadow government.”
By requiring that utilities report to the Public Service Commission, Charkoudian said the legislation avoids the jurisdictional issues that would come with trying to put requirements on a federally regulated RTO.
Exelon argued that the legislation could conflict with FERC jurisdiction over PJM and cause administrative burdens, given that PJM holds more than 400 stakeholder meetings annually.
In an announcement of his co-sponsorship of HB-782, Pennsylvania Rep. Christopher Rabb (D) said PJM’s practice of not recording votes taken at its lower committees — those outside of the Markets and Reliability and Members committees — can allow damaging policies to advance before voting becomes public. The legislation would require utilities to disclose their votes to the Public Utility Commission with a description of how that action is in the public interest.
“Decisions by PJM and its members (the utilities) directly impact our commonwealth’s transition to clean energy and the cost of electricity. Allowing these secret votes with no accountability is akin to the fox guarding the hen house,” Rabb said. “The people have a right to know about the decisions that are being made behind closed doors — especially as those decisions impact our policies and people’s paychecks.”
RTO spokesperson Dan Lockwood said “PJM disagrees completely with this assessment and operates an open and transparent stakeholder process.”
He pointed to a fact sheet detailing PJM’s stakeholder process, including how votes taken at the Members Committee are recorded and minutes are taken at all meetings. Aggregated results are posted for lower committees, while task forces and working groups may take nonbinding polls.
