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19 th Annual National Low Income Energy Conference Energy Advocacy and Intervention:

19 th Annual National Low Income Energy Conference Energy Advocacy and Intervention: Basic Skills June 14, 2005 - Phoenix, AZ. Energy Advocacy: Why Community Groups?. Energy policy effects all aspects of life, especially for low-income

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19 th Annual National Low Income Energy Conference Energy Advocacy and Intervention:

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  1. 19th Annual National Low Income Energy Conference Energy Advocacy and Intervention: Basic Skills June 14, 2005 - Phoenix, AZ Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  2. Energy Advocacy: Why Community Groups? • Energy policy effects all aspects of life, especially for low-income • Decisions effecting low-income often left to business and utilities or neglected altogether • Community Action Agencies and other community-based organizations are uniquely situated to contribute to energy policy debates in a meaningful way Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  3. Community Groups’ Unique Advocacy Perspective • Contact with low-income populations • Delivery of programs • Often politically connected and involved • Ability to bring both policy analysis and actual human experience to the debate Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  4. Common Community Organization Misperceptions • Intervening before the regulatory commission is for utilities and expert lawyers only • I can’t win in that forum • My organization is better off focusing on what we do best: program delivery Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  5. State Level Advocacy Opportunities: Regulated Utilities • Low-Income Energy Programs • Energy Efficiency • Payment Assistance • Regulatory Consumer Protections • Termination and Restoration of Service • Payment Plan Requirements • Deposit and Late Payment Fee Requirements • Dispute Resolution Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  6. State Level Advocacy Opportunities: Regulated Utilities • Prices • Rate Cases • Fuel Charges, Cost of Gas Adjustments • Power of Gas Purchase for Captive Customers • Resource Planning/Procurement; Portfolio Management Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  7. Public Utility Commission Proceedings • Adjudicatory • Rate Cases, Fuel Charges, Cost of Gas Adjustments • Rulemaking • Adoption of New or Revised Regulations • Individual consumer • billing disputes • Generic proceedings • Policies and Practice Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  8. How to Join the Debate • First: Decide What You Want • Plan How to Get What You Want • Begin to Develop the Materials Needed to Engage in the Debate • Begin Working with Others Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  9. How to Join the Debate – Regulatory Informational Basics • Rules of Practice • Key Players • Schedule of Docketed Cases Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  10. How to Join the Debate – Obtaining Basic Information Obtain information about your state commission, open cases, and utility companies that are regulated by the commission State Regulatory Commission Website • National Association of Regulatory Utility Commissions • http://www.naruc.org/resources/state.shtml Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  11. How to Join the Debate • Meet and Greet • Identify key regulatory officials • Schedule meetings to get to know key players • Convey concerns about low-income energy security and indicate interest in working with officials to address these concerns • Get to know regulatory staff; they can be indispensable resources Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  12. How to Join the Debate • Materials • Create a unique state low-income energy plan and affordability analysis • Plan components may be used to produce • legislative and regulatory testimony • media materials • community organizing materials Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  13. How to Join the Debate • Components of Low Income Energy Plan and Analysis • Population, poverty, self-sufficiency (Census Bureau) • Energy costs, expenditures and burdens (Energy Information Administration) • Terminations and Disconnections (PUC, if available) Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  14. How to Join the Debate • Components of Low Income Energy Plan and Analysis • Existing Energy Programs and Resources • Federal • State/Utility • Fuel Funds/Voluntary Contributions • Existing Regulatory Consumer Protections Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  15. How to Join the Debate • Components of Low Income Energy Plan and Analysis • What is Needed to Address Threats to Low-Income Energy Security • Model Program Designs (NCLC, LIHEAP Clearinghouse) • Model Consumer Protections (NCLC) Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  16. Joining the Debate • Pro-active Approach • Draft a petition and file with your regulatory commission • Recruit one or more Commissioners to open a proceeding that will address your concerns Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  17. Joining the Debate • Let the Debate Come to You • Get on the Utility Commission Service List to find out about new cases as they are filed • File a petition to participate in a case as a full intervener or “interested party” • Participate in public hearings; involve clients Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  18. What You Need to be in Those Cases • Time • Money • Legal • Experts Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  19. Time • Be cautious of jumping in the water if you can’t swim! • Can take a year (or longer!) from start to finish. • Actual hours: probably 100 to 200 hours (can be lower or higher) Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  20. Money • Let’s be real: our side usually doesn’t have much. • Bare minimum: copying/postage - can be hundreds of dollars. • Plan long-term, think about funding for experts and lawyers well in advance. • Possible Sources: • Grants, Foundations • LIHEAP, WAP Leveraging Funds Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  21. Legal • Make legal services your ally. • Meet/work with AG/Consumer Advocate/other intervenors. • Pool resources with other groups Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  22. Experts • Make allies in academia, the AG’s office, etc. • Think of non-traditional experts: staff at energy assistance programs, state agencies. • Think long-term - grants, foundation support, etc. Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  23. The PUC is NOT the only game in town • Get legislators to file your proposals/ideas as bills. • Get the Governor or state agencies on your side. • Use the press. • Look for allies in strange places: Small businesses? Companies that deliver energy efficiency products/services? Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  24. The Utility as your friend? • Many low income discounts came out of utilities (with a small nudge from us) • Many utilities will get on board with energy efficiency programs. • Learn to see where utility interests overlap your own • Find special allies within utility companies Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  25. Thinking strategically • What is you highest priority (discounts; energy efficiency programs; etc.) • How can you find funding to support your priority? • How can you get help: from other states, non-profits, etc? • What are the strengths/weaknesses of your agency & other players? • Who will be on team (lawyers/experts). Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  26. What types of proceedings happen at a PUC? • Adjudicatory • Rulemaking • Generic proceedings (can cross “adjudicatory” & “rulemaking” lines) • Individual consumer (e.g., billing disputes) Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  27. Adjudicatory proceedings • Parties have more formal rights: discovery, evidence, cross-exam, briefs. • Parties have more formal responsibilities: file testimony, conduct discovery, • attend hearings, write briefs. • Formal decisions/right to appeal • Can be most expensive and burdensome (but not always) Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  28. Rulemaking proceedings • Can be most effective way to raise low-income issues • In many states, can be started by petition of consumers. • Can be less expensive and time-consuming. • Easier to draw in supporters: public hearings open to all. Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  29. Generic Proceedings • Generally less formal than adjudicatory proceedings • May be initiated by consumers’ petition in many states • Scope can span broad policy areas • Great organizing opportunity Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  30. Individual consumer cases • Often far less time consuming and burdensome. • Can be helpful in organizing: often lead to obvious wins. • Can set useful precedents: e.g., on payment plan terms. • However, may have very limited (even if good) impact. Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  31. Doing your homework • Find out what type of proceeding it is • Find out the standard of review • Review PUC’s general/procedural regulations and specific regulations that apply to your case. • Review prior relevant decisions. • Get a mentor: AG, Consumer Advocate, legal services, NCLC, etc. Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  32. Focus, focus, focus • Identify your issues early on. • Use discovery to gather info on your issues. • Avoid taking on “interesting” but extraneous issues. • Prepare thoroughly for cross exam/public hearings/etc. • Less can be more! Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

  33. Some big picture suggestions • Cultivate your commission. Get at least 1 commissioner who you speak to frequently. • Build your grassroots. • Tell your clients’ stories wherever you can. • Find press allies. • Cultivate funding. Headquarter: 77 Summer St, 10th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Email: consumerlaw@nclc.org Website: consumerlaw.org

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