HomeMy WebLinkAboutAgenda Report - November 7, 1984 (56)1Yl�y'
OPPOSITION ID
H.R. 4402
I
CITY. COUNCIL MEETING
NQVV4M 7t 1984
City Manager Glaves apprised the Council that Legislation has
been introduced in the U. S. Congress (H.R. 4402 and S 2710)
which will remove the preference clause from the Federal
Power Act. The Federal Power Act, enacted in 1920,
authorizes the federal government to issue licenses, for up
to 50 years, for the construction and operation of
hydroelectric projects using federal waters. The law
provides that state and municipally owned applicants are
preferred over other applicants in the cantpetition for such
licenses, if other relevant public interest factor are equal.
The public preference policy of the Federal Power Act has
been reaffineed by congress more than 30 times since its
enactment in 1920, despite the continuous opposition by the
private utility industry.
7be current effort- to anvnd the Federal Power Act is fueled
by huge amounts of money from the private utilities. The
municipally owned utilities throughout the state of
California, reco&mizing difficulty of counteracting this well
financed canpiign and of the need to get the municipals side
of the issue before the public, have banded together with a
plan to hire a public relations fine to aid in the
infonnstion campaign. In allocating the costs of the effort,
the City of Lodi share will be $6,578.00.
If the multi-million dollar campaign undertaken by the
private utilities is successful, the financial impact on the
citizens of the City of Lodi can be quite substantial in
future years. Our efforts today to protect these long
established rights of our citizens is worthy of City Council
consideration.
T } S
Following discussion, on nrotion of Council Weber Reid,
Hinchman second, Council approved a Special Allocation in the
,nnount of $6,578.00 to join the mnmicipally owned utilities
throughout the State of California to hire a public relations
fine to aid in an information eampaign in opposition to If. R.
440'2.
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dICOUNCIL C0:11111UNICATW
TO THE CITY COUNCIL DATE NO.
FROM THE CITY MANAGER'S OFFICE "krvent)er 2. 1984
SUBJECT mr--sF nm,im Ri (SPP( I'm m 'R) 11. R. 4402
legislation has been introxhtced in the V. S. 0mg-ress (H.R. 4402 and S
2710) which wi I I remove the preference clause from the Federal power
Act. The Federal raver Act, enacted in 1920, authorizes the federal
kr►vernment to issue licenses. for up to 50 years. for the construction
a►txi olxeration of hydroelectric projects using f(Aerul waters. The law
provides that state and municil►nily owned applicants are preferred
over other applicants in the cm;--etition for such licenses, if other
relevant public interest factor are equal.
'Me publ is preference Ix)1 icy of the 1=edertcl P(Aver Act has been
ren f f i mea by congress nx►re t turn a0 t hers since its enactment in 1920,
despite the continuous opposition by the private utility industry.
The current effort to t►meml the Federal Power Act is furled by huge
anv)unts of money frown the privnte ►►t i l i t ies. me nnniicipal1y owned
utilities throughout the state of California, recognizing difficulty
of counteracting this well fim meed e.mimign and of the need to get
the ►ntnicipals side of the issue before the puE►1ir. have banded
together with it plan to hire n puhlir relations firm to aid in the
info►mntion emi4 aipi. in allocating the costs of the effort, the City
of i.cxli share will he $6.578.00.
If the multi -mi Ilion dol lar cau►;mign Lindertaken by the private
utilities is successful. the financial inpact on the citizens of the
Ci tv of Lodi can be quite substantial in future years. Our efforts
today to protect these long established rights of our citizens is
worthy of City Council consideration.
Heyfry GI av s
City Nkinager
1
The Public Preference In Hydro Relicensing
20 Questions
Answered
smolt Y mors: A Xwvpr of ,eotrond eleo-
tric powrr pollry--r1M lick of
emnumer-
ON eketric syuensr to compere with iewes-
tor►ow� utifides wk w lk+n m to operate
by*oekctrfe feudildes we e s pirOT-4s uir-
der sk wp sheer* fit foreVv= rwdthe Federal
EmrV Regulatory Conawissiow. The 20
qutstimis and &% nvers below prestry Me cart
for irsolirte bOM caorrtperitioa in nikesising of
hydroeiectrte projects.
Question: Wbot Is ttteant by the "pubk
pidevem»?
Public preference is a turn which describes
a long-standing federal policy that "prefers"
public control and use of public resources.
such a rivers and :crests, for generation of
electricity. The policy favors puhlicty
owned. nonprofit electric utilities over
profit-making, investorowned utilities
("torn'`) in the use of these resources. The
policy has been included to more than 30
statutes going back as far as 1906.
Qt How does pWWle gr4muice worst in Y-
cartsirtg of hy"llicdrk projeces?
The Federal Power Act. passed by Congress
in 1920. autborinmd the Federal Power Com-
ntission (row the Federal Energy Regula-
tory Commission) to issue licenses for up to
So years for construction and operation of
hydroelectric projects using federal waters.
During consideration of the act Congress
30 rusue ►Owra MarclrApnt 1984
or-aystently rejected the proposition that li-
orrnes to use this public resource sbculd be
perpetual. The law provides -bat, when a
publicly owned utility and an tou oompete
lot a Nestle. and when their license applicr;-
'Rep. Shelby's bill (H -R 4402) terewW
dintinsts couipeddon In rte. -
tions are equally gond. the publicly owned
utility is to be preferred over the tou when
the license is issued.
In other words. the preference only comes
into play as a "tic -breaker." The Federal
Energy Regulatory Commission (FFac). in
the 1980 Bountiful cam. interpreted the law
as providing a similar public preference
when such projects }re Micenscd upon the
expiration of the original tidrrase. The I i th
Circuit Court of Appeals, in 1982 agreed.
and the Supreme Court refused to review
the ease.
Q: Wliat is the curmt controversy OM the
pob& preferenct all abort'
Hydroelectric project licenses began expir-
ing in 1970. The sous would like Congress
to change the law. reversing the Bountiful
decision. w public preference would not ap-
ply in the relicensing of these protects.
Recently. this legal issue became much
murkier. Bountiful was the f arst case raising
the issue of preference in relicensing. All
parties. including the publicly owned utili-
ties and tots. agreed to resolve that issue.
Even the tots thought it was settled after all
of their appeals were exhatasted However.
in a recent case involving the Mervin Dam
on the Lewis River in Washington. the com..
mission refused to follow its decision in the
Bountiful case and. in fact. expressly over-
ruled Bonwtiful.
The publicly owned utilities have ap.
pealed this decision. And the tots — ap-
parently worried that this appeal will be
successful — are seeking lesislation which
would eliminate, once and for all, the prefer-
am
refera m in relicensing. Instead. the sous want
Congr= in effect to guamntes than a per
petual license for use of thhmaa public ro-
sourem a position Congress expressly re-
jected in 1920.
Q: Has hgWadoa Mees isU"icsd?
Yes. On Nov. t 6. 1983. C4r4pvsstnan Rich.
aid C. Shelby of Alabama introduced a bill
(H.R. 4102) that would anumd the Federal
Power Act to diatinate public prmferenoe in
relicensing, in fam the bill g;oes much fur-
ther. It prwAdes that the new lioatae :boll
autonwtk elly be issued to the current li-
cense holder unless the projoct will not unmet
federal standards in such -urea as flood con•
trd and naviguiortal benertst. Mott- utilities
can easily satisfy these standards. thus Shel-
by's bill would eUms0 ata competition en-
tirely. The bill would pmdu& publicly
owned utilities from proposing plans that
would better use public water resources.
Q: Why dY Congress catsup die pulls
'rderrsca intie tint tom?
Preference was included in tin act for many
reasons. Congress was concerned about mo-
nopuly control in the utility industry, and
wanted to provide opportunities for local
communities to establish their own utility
systems as an alternative. Congress was also
concerned about private monopoly control
of a public resource. Finally. Congress felt
public resources should be used directly by
the public. without passing through the toll-
gate of a profit-making utility.
These policies apply with equal force to-
day. In fact, Congress has repeatedly in.
cluded the preference principle in other stat-
utes involving electric power. including the
Tennessee Valley Authority Act of 1933.
the Rural Electrification Administration
Act of 1936. the Reclamation Act of 1939.
the Flood Control Act of 1944. the Riven
and Harbors Act of 1945 and the flood Con-
trol Act of 1962.
9Etry ('n
Ixillos .S He K, 4402
nt Ttstvtt)!+
To sawai thr F.drrsl Power .art to provdr for more protection to recuse
.vmumen.
use of pubite resources This basic reason for
enactment of the public preference remains
valid today.
Moreover. Congress should retain public
preference because it represents a bargain
struck between Congress and the. IOUs back
in 1920. Over the 50 -year term of a license,
an sou receives a hawse rte return on its
investment in the rent -fres public water re-
source. The tous recognized im 1920 that
• they would have to compete agatirou publicly
owned utilities upon expiation of their li-
censes. with a tie going to the nonprofit util-
ity Now the sous are trying to change the
rules.
IN THE HOUSE OF REPRESENTATIVES
Vovia.tr 16. 19"
Mr sNRLef (tor illnWelf. Mf PAaNATAM. Mr CORLHO, Mt MOOtttiRAD, Mr
Banti• Mr. EDwAzw of Alabama, Mr. DowD► ol Mississippi, Mt SHVM•
WAY. Mr CARa. Mn 11031211. Mr Bosco. Mr HAWKtas, Mr MASTtMaR,
Mr PAMRTTA. Mt HAR"RTT, Mr CHArrta. Mr Listheses of Ca►ibrnta
Mt Dixon. Mn VUCAMOVICH, lir BoMton of MiettiVm. Mr. NtsuoM of
vuh. Mt. rurro. Mt FAsio. Mt iswts of California. Mr. RoT1AL, Mr.
CRAIG. Mr. DArts, Mr DTMALLt Mt. BA"ASD. Mt. Lttaastt H. Mt. ;
ties LavtMs of CaMwitia. Mr. UNMAN of Calitorais. Mr LAwt. Mr. W^xXAs.
Mr PATTaattoM, Mr. ALsooTA. Mr. LAoowAIMPOO. Mt. Rat D, Mt.
BaaMAM. Mt. BwaN..M. Mr AMnameoN. Mr. Tons". Mr. L.owsov of
Catilwak. Mr. Tussis..A4 Mr. TooMAs of CaMwv6si isuvtt.eai the tel -
Mw" btll:.#iei was elm to tttt conn tee OR Emew tai r.•aawarea
A BILL
To amsod the Federal Power Act to provide for more protection
to electric corim niers.
Be it enaetad by u4 Senate and Howie o/ Repnesexta-
2 tins o/ Ina United Stataa of Am*rian in Coag,," oasetssbled,
3 That this Act may be cited u the "Electric Consumers Pro -
4 tectioe Act of 1863".
The short d1k q/ Caeyevstttssn AkAww/ C. Shelby s (D -Ala) HA4W2 masks k cowl qb a oar
su wt► ptmmion MIL Howwr, set oa over t.eaM forbid coerpptttfott /6r exp&ft by" Ifcwwe,s
a sate wey to immew xtiompely wd Awrmw conn~ Wwnor own rbrtrk nisei.
Qt Wby has Gapsas bebdad Ile pull
pssto —ca L tbsse stetuw?
public preference; "1 -0191 bealthy oocnpe-
titim between publicly owned utilities and
toile. The tout am on the wbac much
huger thea their ampto(it Counterparts. But
pubbd) owned unijiitles have always filled
an epattial need. Hesltby amp of it utilities
provide a "yardstick" by which perfor-
nwnce Ind rates of private. monopolistic
tots can be measured.
Competition between pubbdy owned util-
itia and Iota tends to improve service and
reduce rata for a@ utility customers. Prefer-
ence also cohw cxs the ability of lual eom-
munitia to have some control and indepew
dence in eioctric service.. Pnttsteteaee eruabiea
direct. democratic control of public to -
sources. Preference also allows publicly
owned resources to be used directly for pub-
lic benefit without private profit and thus
maximizes the return to the public from the
QP How do you know the tots: always ex-
pected that dues pW& prekreow would apply
in ?
The tots themselves stated that public pref-
erence would apply in relicensing. Here, for
instance, is what John Mtton, the vice presi-
dent and general manager of the Pacific Gas
A Ekaric Co., said in 1918. during a bear.
ing on the Federal Power Act:
"1 think that at the (end of the Hawn
period). 30 years from now. we nip find that
the governrn«nt will be very glad t o take ito ei
for the purpose of turning it over to a mttaici•
pality ... I do beliethat most of tbae
plants erected Hader those tic a us. wbes
they are applicable to a gtewift oommumitX
will be taken over by mnakVialitia and oper-
ated
ated by than and not by the lewww"
Q- iwybe dw wear taY slate but times res n
dattge& H7*W-oc&k !rater it.Map oar
KRX are Maw tlr pebiefj► t+wuta w0d s.
Dsaea't tM -pi~ Seri ter iia grwlart
amebas" rsgdm kupitg Ile prtajaets b Its
tui of tM neat?
'batis the tow' basic _srvunent They
claim because thoy ars lamer. they sibnald
have the cheap electric power. Butt their at-
gun1CM !lam agaim the Brost brie precepts
of out nation's policy of eitfs rkky Maea$s-
went — namely. that a pWralistic. diverse
mixture of pubii* privately sad coopera-
tively owned electric atilities provides yard-
sticks and competition that keep rata in tine
and service satidfic:torX
Tie iota ant indeed bigger. and Sang
bigger all the tim in I M (what the Fesi-
eral Pacer Act was pasted) there were
4.000 tote. but today tbare ars only about
200. Carried to its logical exuarne, the tote'
argument would suggest the fakist way of
distributing benefits of hydroelectric power
is with one, astiona 1, privately owned Woo -
tris utility. The result would be Lbs lop of
the comptudw mixtures of stwdeo In this
country.
The relicensing preference, it is important
to remember. is simply one of many prefer-
ence provi•icro for public utilities in markct-
li Puttic rowin March -April 19U
ing and distribution of electricity The "big-
ger is better" argument would require elimi-
nation of all of these preference provisions,
including that for electricity marketing. The
result: the end of public power as a cost-
effective. eonsuawr-otientcd competitor.
Q: Tl at wisada okay in the abstract. But
how asuds sae ton rates going to rise if the
gttH ch owned otill" get their way'
First the publicly owned utility P.pplicant
must demonstrate that its plans for the new
license are at least as good as the plans of
the original licensee. Only then will prefer-
ence apply and the license be issued to the
publicly owned utility. When that occur,
the question of rate impact will vary from
project to project and utility to utility.
'sous claim because they are burger
they should have the cheap electric
---_•
There an no studies which dema'Utrate
reliably that the transfer of a license from an
lou to a publicly owned utility would have
any significant impact on the rates of the
private utilities' customm. Morwea. be.
nue — as the tots themselves empbasine
— they are so hirge. tbo effect an rates per
customer of the transfer of a project is lik*
to be extnmdy small- And whatever the
impacts might be, they would be itniptffl-
cant compered to the fong-tsrm impacts of
Wier factors such as intlatim fuel Coats„
demand for ebctricity and prudent utility
aranagcment. No rate increase w+Atsoever
would be sect ary if the tots reduced their
Mtn of return on invateasnt—__wbieh are
now at exuwrdinwdy high levels — by
wvmt the slightest amounts.
Qt Out won't lolls bare he Wail a lot of
assay far new Power Owft N take dw glace
ed by4F*d &k 111ejacts?
No. Ahhoufh this it one of the tow' fawn
its arguments. it is at odds with dhe facts.
most publicly awned Oubties now oompet-
* for caw term for sating projects do
we have suffreiest generating capacity
tbameelvra and, as a teraait. have to purchase
a comidwahk anwAd of wboiwk power
(tam tour. U the Woo -we an trawfem)d.
they will buy less power (tom the loua, Or
acne at rJL If they mad up baying mora
pow" than they actually need. chert they
an neo it back to abs IOtu on a wkiesak
bow, ills lotw argusnatt implies that. Wade
the liasrss for the peojtrcts are tramferted.
gemmting power somitl ow disappears or
evaporates. That. of oouese. is not the ease.
The owner may change, but the level of
electricity production will remain the same.
Moreover, because sous now have much
unused capacity, loss, of hydroelectric ca-
pacity would not affect them for many
years. Las, ;var. 39 percent of the toui
generating capacity was never used. even on
the hottest ar coldest day of the year. A
utility needs some reserve margin. but 39
percent is far more than necessary. It would
be many years before most sous would have
to pay for new power plants to replace
projects which may be transferred to pub-
licly owned utilities.
Q Is it amts; as the loan ckaim. that these
projects are essential for rraaintainieg their
integrated. coordinated system of decuicity
P
No. it is not at all unusual for more than one
utility to own and operate power plants on
the same river. For example, wv--n power
plants on the mid -Columbia River are owned
by four different utilities. In +dditiov.. dis-
ruption of service could result from intense
transfer — which it most likely would not
— the Fane is prohibited by law from
transferring the project's ownership.
This issue was raised by Pacific Power #
Light Co. (PPst) in the fust oanpetitive
relicensing procoahng to come t afore the
CotnMiasion. ?PAL and the municipal appli-
cant. the Clark/Cowlitz Joint C3peeratiaag
Agency. bad both applied for a new license
to operate Merwin Dam as the Lewis River
in Wasltington.
PPea was the oripnal fiom m for the
Merwin project and bekd hoonses to two
oche. projects on the Lewis River. rc:t. ar-
Sued it maria receive the new )kerne for
Merwin in order to erasure integrated and
coordinated operation of all projects. The
F
g
'The lot s' argument impiks that. y
once the licenses for the projects are
transferred, generating power k
somehow disappears or tupwates.' 1
that a publicly owned utility could succeed
in obtaining a new license for an existing
project licensed to an lou would) be very
slim. It simply would not pay for nonprofit
utilities — most of which are small and do
riot have the sort of cash available to the
sous — to spend the money to oompete for
then licenses. Of course. if ConWvunun
Shelby's bili were enacted. publicly -owned
utilit;cs would be prrcludod frau competing
for these licenses.
Q. is it Issportn" that we aww* alert pub-
licly owned utilities will be elle to coaaPoM?
Yes. Without competition for these projodta
all electricity consumers — tbao served
by both tots and publicly ownedutilities
— would lose- Competition for new Ii -
carnes in and of itself is very baaltlhy.
For etample. when Pacific Cies & Ebo.
tric Co, asked also nac for a new )leers for
the Rock Creek -Grata Project on the
Festhet River is Califcrtra. it told the own -
mission their was no bask for spsudirig airy
money to iu1pr7M the project Later: a aorW
peting appliatim was filed by the sects -
meow Municipal UUHty District (384UD)
and several other California municipautia.
smuD studied the project and datermtined
the project's Saleratioa could be t W#.
'Nonprofit intilities pay local h"m tenet wWcb. Ir IM atsoinoed 10 ti,,71
percent of gross reveames—awe z atn the 6.1 percent tolls paid.•
nate administrative taw judge strwtgly ob-
jectod w ►rat's -veiled thrau of nonco-
operation and noncoocdination." "Resin
tanoe to coordinated opexatiarr" with the
publicly owned appiiam "rraay doom the
charades of ever achieving a sanewhat co.
ordinated operation of the Lewis River
Project" Such a result, the admini.ctrativc
taw judge concluded. would undermine the
law purposes of Cor +gress in passing the
1920 act
Q: If then were as a parbkk preferews, pro.
valve, would the publicly owned militias be
ceagetiaag for theca Ikcwnes?
Na Without public preference, the chances
cantly increased without advw" envier,tt.
mental impacts. Po&a then took another
look at the project. Its conclusion: to file as
"amended" lifters application il wirparst-
ing many of imuws proposal.
Elimination of public pufastaft world
make such eompatium unlilosly m funder
Con$raumn Sbdby'n bill. naartiaut.
Q. Won't (be t wultsr of s o slue* relit In
IM of tax lovulew in taut sad emu be
wkkb acne Projects aro bcatd? •'
Thin is another pa argument of the tout.
but it. too, does rant wash, tots pay very
little money in vocal and state taxas — only
6.1 percent of their gross rcvsrues in 1982.
1) ri st to vow t o March -April 1994
_ A
Nonprofit utilttte%, on the other hand. while
technrwliit taxatempt. pay "in lieu ' ta%c%
which, to 1 02. arn0unted to b 10 percent tit
gruss rcvcrsues -- more than the tot % As
stew owner of the projects. kx al publicly
owned utilities well continue making %uch
payments
Q %kj at effect will a changir of ownership
have on the en.irormwel'
There certainh, will nut be any advcnc ef-
fect The project% will ctntsnue to function
as the% ha•r to the past with the same ca-
pacit. The orth change will be in the owner.
%htp of these fac►Irtrc%
But the process J ornpctition for these
proXcts dots have a beneficial effect on the
environment For example. *her. Santa
Clara. CAI , in 1974 filed a competing apph-
catnxt fix a project operated by rGat. It
'It is not at aU unusual for time than
one utility to own and operate plants
on the same riser.'
proposed to replace wetlands last when the
propct was initially Constructed. era a then
amended its license application to include a
uMilar improvement. In addition, rGAE —
&her ycan of wrangling with the California
Department of Fish and Game — finally
cgreed to implement a fish study on the
viva. Without competition, those environ
mental improvements might never have
been proposed.
Md, we should note, publicly owned utile
ties have proven OwmvJvd to be leading
advocates for environmental protection
among the nation's utilities. One recent ex-
ample Involves the controversy over how to
deal with the problem of acid rain. In btu-
geese 1983 the Amcncan Public Potwa ^xso-
cistion recommended an crtussions tax on all
fol "Ciel sources to Gt>snoe enussion reduc-
tion. The tots continue to oppose cffCru to
Edison Electric Irotitwr, trade auoriatiort Of
the private po"Vr comporws which serk to
deny piibltr po%W tystt+u tAe rirlit to COM'
pea Joe ,. plrtpr hydrotletetrse Uee—. says
-nswitcipahtirs' tun Of the war rraour,nr may
sow be co,"potibir weth the eivitrstornawnrd unh-
ties' iisrs at other prolrrts on the saner river -'
In fart. how~. mrltiplt ownership and lnte-
,role"/ oprroNow of kyho pnn/ecrs an 1Ar stauvw
river is am irpiirud. Felty -opt dam# on die Co-
lumba River and its tributerees how IJ own-
rn—five urorstunow wtlit►es, three public
mighty JtstrraYl, two rites, tune VS Jrderal
areperes and a Canadian peovrnre
MM (•+✓erre ti..wwlH Ain �Ir�Mrr/t..w
cornbat acrd rain Che prt.am;ronmcntal
stance of the wiwn', publtck owned utili.
ties r. another reason it) ensure the etimcricc
of strung, healthy, putli,l% owned contpetr-
tor, of the rut..
Q. Can publicly owned utilities run the
projects efricientt.
The record speaks itir itself Publicly owned
utilities deliver piiwer to their customers at
average Lvmts %ign►ftt.anth lower than thtx.e
charged h. tilt % ane! have done ui for rnanv
.Coir. T'hc%e %atrng% to the Consumer are
attributable in part to the ib%cncc of a profit
factor in the p ubllcl. owned utilities'
hargcs But the% arc also atinbutablc to the
fact. d'icumented by federal government re-
ports for tele past 35 year.. that the unit
casts of public power managenal expenses
-- including administration. accounting.
collet tion, customer service .ind %.ties cit.
pcn.e% - .ire much below those .N im s
l o%t% td production and distribution of ctec-
tncrty also arc lower per- Mh for publicly
owned systems than fix pnvate ultitties.
Q. But aren't the tots more .experienced
than pubtich owned utilities'
•1b%olutcly not Publicly owned utilities
have a long tradition of serving the public
efficiently Manv of them started bustacm
before the pn%ate companies Santa Clara.
for example, has operated utihttes %trice
1914% 1 : vean longer than r(:• t. its pnvate
n%al for erne project to California
Q. Noy do you respond to the tot is' claim
that it would be unfair to transfer the licenses
after they have developed these facilities ltd
run them succemfuih for so many years!
l - NI rt -1w Iit %I V, hArai 19X4
Publicly owned utilities which recei.c new
licenses for these pro)ecu are required to
compensate the tour. The Federal Power
Aa requires payment of the net investment
in the project ami any severance damages.
It should also be remembered that the
tote have made substantial profits off these
projects for 50 years. Preference merely en.
sures publicly owned utilities have a chance
to operate these projects — without mak-
Ing it profit off of tkem.
Q: Woadd the "OdYtt kgiakdow is Cow-
Yes. Congressman Shelby's bill would re-
quire the new licenaee to pay the original
licensee "just compemuon." which would,
in effect, constitute current market v—Cue.
As a result, an lou whose project license is
transferred would likely receive a huge
profit on the project itself. in addition to
profits made over the years tiu.tttgh the
rent-free use of it public resource.
Q;- I am snit not slit puhik grefavam isn't
a b1t "iodtak," b it rae3y fair ors take a
project away ft -an one trtilky and gift k to
awatler?
Abaohutety. Is it unfair for a landlord to
refuse to renew a kale? A federal license to•
use a public resource Is nothing more than n
lease. There was never any guarantee that
the lease would be renewed. The original
licensees understood that in all probability
their leases would not be renewed.
In addition. the tots have had the prorst-
making use of these public resources for 50
years or more. They knew public preference
would apply to relicensing. There is nothing
unfair about giving the nonprofit. publicly
owned-_tilities a preference in obtaining
new licenses.
Moreover. sous am cost-plus monopobes.
They are guaranteed. if tbey operate effi-
ciently, a profit on their investments. Even if
production costs incream- Meir profit mar-
gin probably would not be afreaed.
And although private utilities claim it is
"unfair" for the federal government to assist
publicly owned utilities through a prefer-
ence. they do not mention the direct and
indirect financial assistance they receive.
For instance. sous pay very little in federal
taxes. The reason.- an extraordinary array of
tax bresks, including capital investment tax
credits; deferral of taxes for aceckrated
depro.iation on capital investments, the
ability to sue poilutiun control bonds ex-
empt horn income taxes and the right to sell
stock through a dividend reinvestment pro -
Marshall Lancaster
has joined
Dean Witter Reynolds Inc.
as Senior Vice President
36 RUUf Yt)wtfl %tart! -April 1084
gr: m whereby investors do not pay taxes on
Incon.- Some sous pay no taxes at all. and
accumulate tai credits. despite profit-mak-
ing. because of tax provisk-m
That is not all. tons receive other benefits
such as rightso(-way to construct and oper-
ate their systems across federal lands and
authority to condemn private property.
Congress has been eminendy generous to.
profit-making sous. Preference in relicens-
ing is simply one way of making it possible
for smaller. consumer -owned. nonprofit util-
ities to compete against the much larger
tour. There is nothing the least bit "unfair"
about public preference-
EHLERS .ten ASSK. INC.
INDEPENDENT FINANCIAL
SPECIALISTS Pt
Long-term capital financing for utilities
507 Marquotte Avenue
Minn*apolla. Minnaaota 55402
T*I*phono:1612)x4291