Demand Response and Smart Metering Policy Actions Since the Energy Policy Act of 2005: a Summary for State Offi Cials
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National Council on Electricity Policy: Electric Transmission Series for State Offi cials Demand Response and Smart Metering Policy Actions Since the Energy Policy Act of 2005: A Summary for State Offi cials Prepared by the U.S. Demand Response Coordinating Committee for The National Council on Electricity Policy Fall 2008 Demand Response and Smart Metering Policy Actions Since the Energy Policy Act of 2005: A Summary for State Offi cials 1 National Council on Electricity Policy: Electric Transmission Series for State Offi cials Acknowledgements Demand Response and Smart Metering Policy Actions Since the Energy Policy Act of 2005: A Summary for State Offi cials was prepared with the fi nancial assistance of a grant from the U.S. Department of Energy (DOE) Offi ce of Electricity Delivery and Energy Reliability (OE). This publication is the third in series of practical resources State offi cials to bett er understand, manage and coordinate electricity transmission and distribution issues. The National Council on Electricity Policy Electric Transmission Series: Electricity Transmission: A Primer (June 2004) Coordinating Interstate Electric Transmission Siting: An Introduction to the Debate (July 2008) Demand Response and Smart Metering Policy Actions Since the Energy Policy Act of 2005: A Summary for State Offi cials (November 2008) Examining Alternatives to Electric Transmission: A Guide for State Offi cials (to be released in 2008) The Smart Grid: Policy and Practical Essentials for State Offi cials (to be released in early 2009) The primary authors of this report were Dan Delurey and Paul Pietsch of the Demand Response Coordinating Committ ee. Their persistence allowed for multiple points of views to be expressed in one comprehensive document. The authors are grateful to several members of the National Council on Electricity Policywho helped to develop, guide and review the many versions of this document: Commissioner Jeanne Fox, New Jersey Board of Public Utilities; Commissioner Phil Giudice, Division of Energy Resources, Commonwealth of Massachusett s; Jeff Genzer, General Counsel, NASEO; Charles Gray, Executive Director, NARUC; Kate Marks, Energy Program Director, NCSL; Sue Gander, Director of Energy, Environment & Natural Resources Division, NGA Center for Best Practices; Chris Haun of the New Jersey Board of Public Utilities; Miles Keogh, Director of Grants and Research, NARUC; and Andrew Spahn, Executive Director, National Council on Electricity Policy. Finally, we owe a special thanks to Larry Mansueti from DOE who provided technical insight, patience and good judgment. The National Council on Electricity Policy is funded by the U.S. Department of Energy and the U.S. Environmental Protection Agency. The views and opinions expressed herein are strictly those of the authors and may not necessarily agree with the positions of the National Council on Electricity Policy, its committ ee members or the organizations they represent, the National Council funders, or those who commented on the paper during its draft ing. Demand Response and Smart Metering Policy Actions Since the Energy Policy Act of 2005: A Summary for State Offi cials i National Council on Electricity Policy: Electric Transmission Series for State Offi cials National Council on Electricity Policy Member Organizations The National Council on Electricity Policy (National Council) NATIONAL COUNCIL is a unique venture between the National Association of ON ELECTRICITY POLICY Regulatory Utility Commissioners (NARUC), the National Association of State Energy Offi cials (NASEO), the National Conference of State Legislatures (NCSL), National Association of Clean Air Agencies (NACAA) and the National Governors Association (NGA). The National Council also includes participation by the Federal Energy Regulatory Commission (FERC), U.S. Department of Energy (DOE), and the U.S. Environment Protection Agency (EPA). Established in 1994, the National Council enables bett er coordination between federal and state entities responsible for electricity policy and programs. Our members understand that improved intrastate, regional and federal coordination can result in more informed electricity policy decisions. The National Association of State Energy Offi cials (NASEO) is the only nonprofi t organization whose membership includes the Governor-designated energy offi cials from each state and territory. The organization was created to improve the eff ectiveness and quality of state energy programs and policies, provide policy input and analysis where requested, share successes among the states, and to be a repository of information on issues of particular concern to the states and all their citizens. The National Association of Clean Air Agencies (NACAA) represents air pollution control agencies in 53 states and territories and over 165 major metropolitan areas across the United States. State and local air pollution control offi cials formed NACAA (formerly STAPPA/ALAPCO) over 30 years ago to improve their eff ectiveness as managers of air quality programs. The associations serve to encourage the exchange of information among air pollution control offi cials, to enhance communication and cooperation among federal, state, and local regulatory agencies, and to promote good management of our air resources. National Association of Regulatory Utility Commissioners is the association that represents State public service commissioners who regulate essential utility services, such as electricity, gas, telecommunications, water, and transportation. As regulators, our members are charged with protecting the public and ensuring that rates charged by regulated utilities are fair, just, and reasonable. The National Governors Association Center for Best Practices develops innovative solutions to today’s most pressing public policy challenges including analysis of state and federal policies aff ecting environmental protection, air quality and greenhouse gases, energy infrastructure, energy effi ciency and renewable energy. The National Conference of State Legislatures (NCSL) is the bipartisan organization that serves the legislators and staff s of the states, commonwealths and territories. NCSL provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an eff ective and respected advocate for the interests of the states in the American NCSL federal system. Demand Response and Smart Metering Policy Actions Since the Energy Policy Act of 2005: A Summary for State Offi cials ii National Council on Electricity Policy: Electric Transmission Series for State Offi cials Table of Contents Acknowledgements .................................................................................................................................................i Acronyms Used in This Report ............................................................................................................................iv Overview .................................................................................................................................................................. 1 Federal Demand Response and Smart Metering Activities .............................................................................. 3 The United States Congress ...................................................................................................................... 3 Federal Energy Regulatory Commission (FERC) ..................................................................................8 Department of Energy (DOE) ................................................................................................................ 10 State Demand Response and Smart Metering Regulatory and Legislative Activities ................................11 Alabama - Delaware ................................................................................................................................ 11 District of Columbia - Maryland ........................................................................................................... 22 Massachusett s - New Jersey ................................................................................................................... 37 New York - Pennsylvania ........................................................................................................................ 50 Rhode Island - Wyoming ........................................................................................................................ 61 Appendix A – Resources Used for this Report ................................................................................................. 72 Appendix B – Terminology Used in This Report ............................................................................................. 73 Discussion of Additional Terms .......................................................................................................................... 73 Appendix C – Members of the National Council on Electricity Policy ........................................................77 Appendix D – Demand Response Coordinating Committ ee .........................................................................78 Demand Response and Smart Metering Policy Actions Since the Energy Policy Act of 2005: A Summary for State Offi cials iii National Council on Electricity Policy: Electric Transmission Series for State Offi cials Acronyms Used in This Report AMI = Advanced Metering Infrastructure CAISO = California ISO C&I = Commercial and Industrial