ABRAMS ENVIRONMENTAL LAW CLINIC OF THE UNIVERSITY OF CHICAGO LAW SCHOOL July 18, 2018 Ms. Kavita Kale Via E-Filing Michigan Public Service Commission 7109 W. Saginaw Hwy. P. O. Box 30221 Lansing, MI 48909 RE: MPSC Case No. U-18232 Dear Ms. Kale: The following is attached for paperless electronic filing: Direct Testimony and Exhibits of Jackson Koeppel on behalf of Soulardarity. Proof of Service. Sincerely, Mark N. Templeton [email protected] xc: Parties to Case No. U-18232 Robert Weinstock, Counsel for Soulardarity – Pro Hac Vice Christopher M. Bzdok, Counsel for Soulardarity Lydia Barbash-Riley, Counsel for Soulardarity Jackson Koeppel, Soulardarity THE ARTHUR O. KANE CENTER FOR CLINICAL LEGAL EDUCATION 6020 SOUTH UNIVERSITY AVENUE / CHICAGO, ILLINOIS 60637-2786 (773) 702-9611 / FAX: (773) 702-2063 / www.law.uchicago.edu/mandel STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In the matter, on the Commission’s own motion regarding the regulatory reviews, revisions, determinations, and/or approvals Case No. U-18232 necessary for DTE ELECTRIC COMPANY to fully comply with Public Act 295 of 2008 DIRECT TESTIMONY OF JACKSON KOEPPEL ON BEHALF OF SOULARDARITY 1 I. Introduction and Summary 2 3 Q: Please state your name, occupation, and business address. 4 A: My name is Jackson Koeppel. I am the Executive Director of Soulardarity, 21 Highland 5 Street, Highland Park, Michigan, 48203. 6 7 Q: Please describe your work experience. 8 A: I studied climate change and social inequity at Oberlin College in Oberlin, Ohio, until I 9 transferred to Wayne State University to pursue my work on community solar advocacy. 10 I moved to Highland Park, Michigan in 2012 and co-founded Soulardarity, an 11 organization rooted in the Highland Park community, to organize community-owned 12 solar streetlights and improve weatherization to reduce home energy usage. I am 13 presently co-directing and growing Soulardarity, as well as organizing regionally and 14 nationally to democratize and decarbonize our energy economy. I am also working on 15 wealth redistribution, democratization of land ownership, local development, and other 16 projects to build community control and local assets. I have been part of the LeadNow 17 Fellowship organized by SustainUS and the Will Steger Foundation's Intergenerational 18 Co-Mentorship fellowship, and I recently received the Brower Youth Award for my 19 work. 20 21 Q: For what purpose was Soulardarity created? 22 A: In 2011, DTE Energy (“DTE”) repossessed more than 1,000 streetlights from Highland 23 Park, Michigan, a predominantly minority and low-income city, after its municipal 1 1 government defaulted on its utility payments. Soulardarity was formed in 2012 by a 2 coalition of Highland Park residents who wanted to help alleviate the crisis by installing 3 community-owned solar-powered streetlights in Highland Park. Soulardarity’s mission 4 has subsequently broadened to include community energy education and advocacy for 5 community solar and greater equity in Michigan’s energy generation and delivery system. 6 Through activism and advocacy, Soulardarity seeks to emphasize the particular needs, 7 experiences, and perspectives of low-income and people of color communities. 8 9 Q: What is Soulardarity’s focus? 10 A: Soulardarity’s goal is to improve access to affordable, clean energy for low-income and 11 people of color communities. As such, Soulardarity promotes solar street lighting, solar 12 bulk purchasing, energy education, and expanding access to clean energy to improve the 13 economic condition of low-income communities, especially low-income communities of 14 color, in southeast Michigan. Soulardarity has developed a partnership with other 15 Michigan stakeholders interested in energy justice and affordability, including 16 experienced solar installers and developers. 17 18 Q: Has Soulardarity previously intervened in or commented on an MPSC matter? 19 A: Yes, I filed a comment on behalf of Soulardarity in MPSC matter U-18418 regarding the 20 proposed Integrated Resource Planning process, in which I advocated that the process 21 include more robust engagement with diverse stakeholders. Soulardarity also commented 22 during the MPSC staff’s development of the Distributed Generation Tariff in MPSC 23 matter U-18383, advocating for changes that would increase transparency and access to 2 1 solar energy by low-income and people of color communities. Finally, Soulardarity 2 joined a Response to Prior Comments in U-18076 concerning DTE’s application for 3 approval of a previous amended Renewable Energy Plan. 4 5 Q: What is the purpose of your testimony? 6 A: I am presenting Soulardarity’s objections to DTE’s proposed amended Renewable 7 Energy Plan in U-18232 (“REP” or “plan”). DTE’s plan insufficiently addresses the 8 particular needs of many of its low-income and people of color ratepayers and ignores the 9 potential value of investments in community solar as a renewable energy source. I believe 10 it is in the interests of both ratepayers and DTE that DTE reconsider its lack of 11 commitment to community solar in this plan. 12 13 Q: Please provide an overview of the topics you will discuss in your testimony. 14 A: I will first discuss Soulardarity’s concerns about the lack of participation by people of 15 color and low-income ratepayers in DTE’s planning process, which has yielded a plan 16 that ignores particular needs and concerns of many of DTE’s most vulnerable ratepayers. 17 I will then discuss our concerns with the plan itself, while offering proposals for ways the 18 plan could be improved. 19 20 Q: Are you sponsoring any exhibits? 21 A: Yes. I will sponsor “Get Free,” a report authored by the University of Michigan’s Dow 22 Sustainability Fellows Program (Exhibit 1), “Community Solar Program Design Models” 23 by the Smart Electric Power Alliance (Exhibit 2), and “A Guide to Community Solar: 3 1 Utility, Private, and Non-profit Project Development,” commissioned by the National 2 Renewable Energy Lab (Exhibit 3). 3 4 II. Fair Representation of Diverse Stakeholders in DTE’s Proposed Plan 5 6 Q: What are your concerns about fair representation in the formation of DTE’s 7 proposed plan? 8 A: The need for clean, reliable, and community-based energy is particularly critical for low- 9 income and people of color customers. These ratepayers’ communities have historically 10 borne a disproportionate share of the harms of fossil fuel-based energy systems, from 11 localized public health impacts to economic dependence on obsolescing coal-based 12 energy facilities that many communities were built around. These concerns are especially 13 salient to the residents of Highland Park, who felt firsthand their dependence on others 14 when DTE repossessed the city’s streetlights. 15 16 The lack of any allocation to community-based clean energy projects in DTE’s proposed 17 plan reflects inadequate consideration of the needs of DTE’s low-income and people of 18 color ratepayers. DTE’s reliance on industrial wind farms and renewable energy credits 19 (“RECs”) fails to address the concerns these ratepayers have about the safety and 20 reliability of their energy sources. 21 22 Q: Why is this proceeding before the MPSC an adequate forum for the participation of 23 all ratepayers in the development of DTE’s REP? 4 1 A: The procedural and financial requirements to participate in such a proceeding make 2 participation by ordinary ratepayers almost prohibitively difficult. As a consequence, 3 only established organizations with access to legal resources can hope to present their 4 views in an administrative proceeding of this nature. DTE should proactively seek out the 5 views of its ratepayers, including its low-income and people of color ratepayers, in order 6 to make its REP inclusive and broadly representative. 7 8 Q: How could DTE ensure better representation of the diverse needs and concerns of 9 its ratepayers? 10 A: DTE can take a number of steps to make its REP more responsive to the needs of its low- 11 income and people of color ratepayers. DTE should hold both public meetings and 12 meetings with members of and leaders from diverse communities, working to solicit and 13 consider ratepayer needs, preferences, and concerns. DTE should also conduct and 14 provide to the public an analysis of the impact of different energy sources on low-income 15 and people of color ratepayers. 16 17 The concerns we have now mirror those we addressed in our previous intervention 18 against DTE in matter U-18418. There, we offered recommendations that apply with 19 equal force to the present proceeding. Those recommendations included a specific focus 20 on the demographics most impacted by energy decisions; DTE-provided education to 21 communities who will be affected by DTE’s decisions; engagement opportunities at 22 multiple venues, times, and formats; and clear articulation of how stakeholder input will 5 1 impact the process and set binding requirements around that impact. The complete list of 2 recommendations can be found at U-18418-0060. 3 4 III. DTE’s Proposed Plan and Community Solar 5 Q: What are your primary concerns with DTE’s proposed plan? 6 A: Along with our concerns about the lack of participation of a diverse group of DTE 7 ratepayers, we believe DTE is making a mistake in neglecting to invest in community 8 solar projects at all and particularly in those kinds of projects in areas comprised of low- 9 income and community of color ratepayers. 10 11 Q: What is community solar? 12 A: According to the National Renewal Energy Laboratory, community solar is “a solar- 13 electric system that, through a voluntary program, provides power and/or financial 14 benefit to, or is owned by, multiple community members.” See Exhibit 3, page 2.