Monday, August 22, 2011

High Electricity Rates for Electricities NC Towns.

Representative Leo Daughtry at the start of the recent North Carolina legislative session placed a bill for consideration in the NC Legislature that would limit members of Electricities group to using electricity payments for just that electricity purposes. With the reaction from these towns you would have thought he entered a bill to eliminate the towns entirely. Frankly it might have felt that way if you were a town commissioner or elected representative in one of those towns. How did we come to this, and why is this a topic for small town investor?
 
Let's first say how the Electricities group got started. About three decades ago Carolina Power and Light, the predecessor to Progress Energy, and Duke Energy were having trouble financing new power plants as the costs of building those plants got higher and higher due to the increasingly regulatory atmosphere, as well as the very high interest rates during this period. The state government in North Carolina was also concerned by the prospect of not having enough electricity for the smaller towns in the state . So legislation was passed that allowed these towns to buy into the new power plants and become power plant owners. Enter public power agencies, one in the eastern part of NC and one in the western part of NC. These power agencies thought buying into the new power plants being built by Carolina Power and Duke Energy would give them a leg up on cheaper power costs for their respective towns. Not only could they help the privately owned power companies with financing, but they could do it cheaply by offering municipal bonds at a lower interest rate. So Electricities was created with the issuance of Eastern Municipal Power Agency bonds and North Carolina Municipal Power Agency bonds for the western part of NC.  Most of these bonds were 30 year bonds that would be essentially start being paid off about right now in 2011. 
 
Now as interest rates decreased during the mid 1980's from a double digit percentage to mid single digit percentages these power agencies took the opportunity to call these higher interest rate bonds and issue bonds with a lower rate. Refunding if you will, but with a twist the sinking fund that normally accompanies bonds and offers a timely payoff was not included. The new bonds and any called from that point on were reissued as 30 year bonds extending the maturity date. The towns in the compact used the sinking funds for other expenses, anything that could be tied in any way to power expenses. They also transferred funds from the power fund to keep tax rates down in some towns. If this does not seem kosher to you it isn't.  As in any case when you place a pot of money in front of a politician they find other uses for it.  If you were thinking your local politician was less prone to such temptation than say your Congressperson to the Social Security money pot then you are thinking silly.  Another quirk in this scenario is that with lower interest rates on the new bonds going forward versus the initial cost structure and prevailing rates now offered excess funds from already set electric rates flowing into the pot, money that should be put towards debt became available for other uses. Of course other uses won out.
 
 
At this point in the original bonded debt cycle the bonds should have been begun being paid off and electricity rates begin dropping due to less revenue needed for bond debt service. Instead we got lots of new bonds that if I read correctly will not get paid off until the late 2020's.  I should say, if then, since who knows what the politicians might do next. One other note just like any government bureau the Electricities organization wants to perpetuate their existence, so they are in no hurry for the bonds to be paid off either and those agencies are another cost added into the mix of electrical rates for the agency's towns.
 
Now frankly I welcome Representative Daughtry's bill as needed long ago. Unfortunately  there are too many , read city council, municipal power workers, and the other agencies involved,  who have access to political power who would get hurt if the bill actually became law.  Unfortunately Representatives Daughtry's bill got watered down considerably and ended up only applying to towns in his district. So the taxpayers and ratepayers in all these towns will continue to bear the brunt of higher power costs and the towns in Rep. Daughtry's district have already found a way around the watered down version of the new law.
 
 My opinion is that the state should step in and require as part of the proposed merger of Duke and Progress Energy the ending of the current municipal systems and power agencies. That would involve the new Duke Energy to assume the bonds and assume the assets of the town power systems. Yes, it would be an added expense to the utility, but the added expense could be spread over a much larger group of power consumers and make the monopoly power system fair. The NC Utility commission could grant some additional rate adjustments to compensate Duke for the added cost structure. Of course this idea is too common sense and again hurts the people and agencies with vested interest so it would never be considered.
 
Full Disclosure I own Eastern Municipal and Municipal Power Agency bonds.
 
 

1 comment:

  1. The story on failure to properly place money into the sinking for the Electricities bonds seems to  be a poor fit for why our utility bills are so high.  I am only raising a question about the excuse which is so often given for our plight.  The excuse is hard for me to settle down with as being an adequate cause for our problems.

    A) bonds with a sinking fund
    Imagine $1 billion in bonds sold in tranches of $200 million from 1981 to 1985 with maturities of 30 years and rates of 10%.  Normally, with a sinking fund clause, the first payment of the interest on the entire outstanding balance would be paid out and portion of the principal would be set into the sinking fund.  Then in year two we would have the same interest payment, but the earnings on the sinking fund balance would help to pay that expense.  

    As each tranche moved toward maturity, it would be closer and closer to being fully funded by the sinking fund.

    Then as each tranche was "called" and replaced with lower yielding securities the interest rates would fall.  While the sinking fund would be earning an ever increasing portion of the dept service.

    The falling interest rate environment would result in the entire cost of financing being significantly lower than any expectation which might have existed when the project began...thus utility rates would have had no pressure to rise in order to earn aditional money to fund bond service.  Utility rates would have initially been set higher than actually needed to fund the lower interest rates actually encountered.

    At maturity the sinking fund is surrendered to bondholders to fully satisfy redemption value.
    No further financing required.

    B) Bonds with no sinking fund.
    The interest rate dynamic works the same way, resulting in lower bond serivce than the initial utility rates would have been set to fund.

    But without a sinking fund, the utility company or the municipalities would be forced to undertake another bond offering to fund the redemption obligation of the maturing bonds.  This new offering of debt would occur in an historically low interest rate environment.

    Basically, contributions directed to the General Fund rather than the sinking fund have been an unsecured full faith and credit loan to municipalities by bondholders which is now being funded by a new bond sale to raise the money to pay off that loan.  We are again in debt to the full amount of the 1981/85 issue but at much lower rates.

    So why are we being told that the abuse of the General Fund has resulted in our utility rates being 2.5 times greater than other communities?

    I am asking a question, not making a point.

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