Legislature works to make deadline

By Sen. Greg Jergeson D-Chinook

The 2001 session of the Montana Legislature will reach its

midpoint of 45 days by the end of this week. The

Legislature will recess for four days at the close of

business on Friday, Feb. 23 and reconvene the following

Wednesday, Feb. 28. The 45th day includes a major

transmittal deadline in that all non-revenue and

non-appropriation bills that are going to pass must be

transmitted by the originating house by that legislative

day. Both the House and Senate have been working very hard

to meet that deadline.

In my first column for this session, I mentioned that

dealing with the consequences of utility deregulation passed

by the 1997 session would consume a major portion of this

session's attention. That has come to pass. Both the House

and Senate have appointed select committees to work on the

issue. The governor has appointed a special task force to

work on the issue. In an interesting reflection of the truth

of an old fable, all the Queen's horses and all the Queen's

men seem unable to put Humpty Dumpty together again.

The Senate Energy and Telecommunications committee has

reported out SB 243, the major Republican bill to deal with

electricity costs predicted to begin soaring for residential

and small business consumers in July, 2002. Heavily amended

in committee, the bill would make Montana Power Company the

state's default supplier. The Public Service Commission

would be required to set prices, not on a "cost basis" as

they have in the past, but rather on a "market basis." With

markets driven by California and other urban markets, this

scenario assures that energy prices will be uncontrollable.

I, along with other Democrats, am reluctant to support the

SB 243 on the floor of the Senate this week. Even the

sponsor of the bill, Senator Royal Johnson, R-Billings, is

unhappy about the condition of SB 243 as it has been amended

by the committee. His willingness to continue support for

the bill is only to maintain it as a vehicle for solutions

later in the session.

Another emerging idea this session is to increase the

wholesale electricity tax in order to subsidize utility

rates for Montana consumers. One version has that subsidy

being returned to residential and small business consumers.

The other would make that subsidy available to the large

industrial consumers, many of whom supported deregulation in

1997 and have now found it to be unbearably expensive.

Unfortunately, the latter approach still leaves residential

and small business consumers vulnerable.

Building new generating capacity has been touted as a means

to deal with the problem in the long term. The theory is

that greater supplies will ease the pressure on prices. That

ignores the fact the Montana already generates much more

electricity than we consume. Therefore, that supply should

already ensure reasonable rates in Montana. It doesn't

because the 1997 deregulation scheme threw us into the

condition of markets beyond our borders. In my mind,

additional generating capacity can only serve Montana

electricity consumers if it is dedicated to them at

reasonable rates based on "cost." However, SB 243 would

price that additional generating capacity on "markets,"

leaving us vulnerable to conditions beyond Montana's

borders.

Obviously, we are not "there" yet on dealing with this

complex issue. The last hal