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APPA Washington Report
Time to Get Serious
By Robert Varela, Editor, APPA’s Public Power Weekly
The Public Utility Regulatory Policies Act was enacted in 1978.
Fourteen years later, Congress passed the Energy Policy Act of 1992.
After that, Congress didn’t feel the need to pass a comprehensive
energy bill for another 13 years—the Energy Policy Act of 2005.
Congress then waited only two years before passing another energy
bill, the Energy Independence and Security Act of 2007.
Having been at APPA for the 1992, 2005 and 2007 energy bills, I can
attest that none of them came easy. In 1992, the legislation was
considered dead before an 11th hour compromise resulted in its
passage. In 2005, the Republican-controlled Senate at one point
passed a Democratic version of the legislation.
And in 2007, the House and Senate engaged in a game of legislative
ping-pong before finally passing a stripped-down version of the
bill. In two separate cloture votes, the House-passed version failed
to garner the 60 Senate votes needed to cut off a threatened
filibuster. The first cloture vote amounted to a referendum on the
bill’s renewable portfolio standard and $21 billion tax package. It
wasn’t close. After the RPS was dropped and senators tweaked the tax
title, the second cloture vote was only one vote short. The
backbreaker issue was repeal of tax breaks for the oil and gas
industry. However, without both the RPS and the tax package, the
final vote in the Senate was overwhelming: 86-8.
Democratic leaders have vowed to take up both the renewable
portfolio standard and the tax package again next year. The RPS is
likely to be the heavier lift, although Senate Energy and Natural
Resources Committee Chairman Jeff Bingaman, D-N.M., has indicated he
is open to compromise on the language. The proliferation of state
RPS requirements and the opposition to a federal RPS in the
Southeast (no wind) are factors working against a federal standard.
The tax package provisions boosting renewables are politically
popular and also enjoy support from industry. The only obstacle to
their enactment is finding an acceptable source of revenue to pay
for them. “Given the popularity of renewables and the expiration of
the renewables production tax credit, I think congressional
Democrats will find a way to pass those portions of the energy tax
package that promote renewables,” said APPA Senior Vice
President-Government Relations Joe Nipper. “The reforms to the Clean
Renewable Energy Bonds program fit that criteria and APPA will work
to ensure that they are included in any energy tax legislation.”
The other energy-related issue awaiting Congress next year is the
real monster—climate change. The Warner-Lieberman bill moved faster
and smoother than most observers expected—but only at the committee
level in the Senate. Most observers think that Congress won’t pass a
climate change bill until 2009 or 2010.
However, decisions have already been made on discrete issues. For
example, the emissions credit allocation provisions include a
carve-out of credits for rural electric cooperatives and a further
carve-out for cooperatives in Montana and Virginia. Also, in a
compromise with senators who said all emission credits should be
auctioned, the Environment and Public Works Committee trimmed the
percentage of free credits given to industry at the outset and
accelerated the phaseout of free emission credits for utilities and
other emitters.
Some of these provisions will be dropped or revised—but some won’t.
With so many tough decisions to make on climate change legislation,
lawmakers won’t want to revisit decisions. So, this is not a
situation where you can sit back and say, ‘call me when they get
serious.’ Congress is serious about drafting climate change
legislation right now.
One of APPA’s strengths has been its ability to call on a nationwide
network of local elected officials (who share a political connection
with members of Congress) and the willingness of those officials to
lobby for the interests of the customer-owners of their local public
power utility.
It is time to use that strength again. Discussions in public power
communities about climate change and its impacts on electric
utilities need to begin to focus on what Congress is doing or about
to do. APPA can provide information on the issues; our Web site,
www.APPAnet.org, is a good place to start. APPA staff can also help
arrange and coordinate visits with members of Congress. If you
haven’t made plans to attend the 2008 Legislative Rally, Feb. 25-27,
do so now and mark your calendar for the 2009 Rally.
Given what’s at stake, public power needs many voices sending a
consistent message to Congress.
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2008 Joint
Superintendents Conference Highlights
The 2008 Joint MEUW/REC Superintendents Conference was held at the
Stevens Point Holiday Inn on January 9-11, 2008.
Wednesday, the day set aside for MEUW sessions, featured a special
update on APPA’s RP3 program given by Michael Hyland, APPA’s Vice
President-Engineering Services, and presentations on electric
distribution automation, mobile/ GIS applications, and an update on the
MEUW Safety & Job Training Program and the MEUW Regional Safety Group
Program. The MEUW Outstanding Award was presented in the afternoon, to
New Holstein Utilities Lineman Tom Pafford.
Thursday’s very full schedule included presentations on automatic
external defibrillators, theft prevention, stray voltage, utility
excavation, fire retardant clothing, supervisor leadership training, PSC
Chapter 119 interconnection procedures and forms, and the Wisconsin
Linerepairer Apprentice Program.
Once again, members of the Wisconsin Utility Suppliers Association
sponsored the Thursday afternoon trade show & reception. There were
plenty of indoor tables to visit and plenty of space for the crowd.
The WUSA reception was followed by the Graduation Banquet for the “Class
of 2007” Journeyman Lineman. This year’s class totaled 29, of whom 15
were from municipal utilities. We are very proud that so many MEUW
Members continue to invest in the future of our industry.
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Crew Leadership Seminar and Employee Evaluations & Performance Review
Seminar
Two Upcoming MEUW Spring Training Sessions
We are providing MEUW Member utilities and their staff with early notice
for both of these upcoming training sessions since we have not
traditionally offered such programs, they may not be repeated in future
years, and we want to make sure that there is ample time to accommodate
personnel schedules. Both sessions focus around the theme of providing
training for the current and future leaders of your utility. What better
way to invest in the well being of your utility than to invest in your
employees?
Crew Leadership Seminar (March 25-27, 2008, in Marshfield)
This is an intensive three-day session intended for line
superintendents, foremen, lead linemen or crew leaders who are
responsible for the day-to-day management of field operations of public
power utilities, including job planning, job safety, employee training,
evaluation and crew productivity. The instructor is Wyn Braun, a
Northeast Public Power Association trainer with over 30 years of
experience in the electric utility industry. We offered this same course
last Spring, and the attendees gave the course and the instructor rave
reviews – here are a sampling of the comments from MEUW Member employees
who attended the course:
• “This is the best class I’ve ever taken. Wyn was phenomenal. The
knowledge he imparted to me will be invaluable to me in my career as a
new foreman.”
• “Excellent, best course I have ever had with MEUW.”
• “Maybe ask all companies to send their crew leaders to this program.”
Your utility should have received a brochure in late January with
complete details about the Crew Leadership Seminar (it is also
available on our website at www.meuw.org/events.htm).
The course fee will be $425 per person, and the registration deadline
is March 14, 2008. We will need a minimum of 18 registrations and
there is a cap of 30, so please register early!
The course will take place at the Holiday Inn & Conference Center in
Marshfield, WI (750 South Central Avenue; 715-486-1500). For those who
wish to stay overnight, we have reserved a block of rooms ($62 per night
for March 24-26). Call 715/486-1500 and be sure to ask for the “MEUW”
block. Hotel reservations must be made by March 3, 2008. While
this seminar is provided for MEUW personnel, registrations from
non-member utilities are welcome. However, MEUW member registrations
received before the March 14 deadline will have priority in filling the
limited spaces available.
Employee Evaluations & Performance Review Seminar (April 8, 2008,
in Wisconsin Dells)
This one-day Seminar is intended for MEUW Member utility employees who
evaluate and give performance reviews for employees. The instructor for
this course will be Jeff Russell, who taught MEUW Management
Certification Program Session “B” (Leadership – Managing People)
in February 2007.
Since Russell fielded so many questions from attendees at Session “B”
last year on this particular topic, and since the attendees in that
session evaluated his presentation very highly, we decided to retain
Russell again and offer a one-time Seminar for MEUW Members based solely
on this topic. Conducting the performance review is one of the most
challenging (and often avoided) responsibilities of a supervisor.
Participants will leave this Seminar with a new set of tools for
understanding employees’ performance and a “personal plan for action”
for conducting more effective employee-centered performance reviews in
the future.
The course fee will be $225, which includes all breaks, lunch and
materials. The course will be held at Glacier Canyon Lodge in Wisconsin
Dells. Watch for complete registration materials in mid-February.
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New OSHA Rule Requires Employers to Pay for Personal Protective
Equipment
By Leo J. Diehl, MEUW Northwestern Regional Safety Coordinator
On February 13, 2008, a new U.S. Department of Labor/Occupational Safety
and Health Administration (OSHA) rule governing Personal Protective
Equipment (PPE) will take effect that could impact every municipal
electric utility in Wisconsin.
In an effort to reduce work related injuries by insuring employees are
protected by having and wearing proper PPE, OSHA has issued a new rule
which is meant to clarify the often confusing and muddied topic of who
must supply and pay for PPE. A detailed memo explaining this new rule
was sent to MEUW Members in late January.
Under the rule, effective May 15, 2008, all PPE must be provided at NO
cost to the employees with few exceptions. The rule contains some
exceptions to the employer payment requirement. Here is a brief summary
of those exceptions.
Safety-Toe Footwear, Prescription Eyewear
The employer is NOT required to pay for non-specialty
safety-toe protective footwear (including steel-toe shoes or steel-toe
boots) and non-specialty prescription eyewear, if that employer permits
them to be worn away from work. However, if the employer requires
employees to keep this particular item at the work-place, the employer
must pay for the item.
Metatarsal Guards
The final rule clarifies that as long as the employer provides and pays
for metatarsal guards that attach to shoes, they are not required to pay
for shoes with integrated metatarsal protection.
Logging Boots
The final rule makes clear that logging boots required by
1910.266(d)(1)(v) will continue to be excepted from the employer payment
rule.
Everyday Clothing and Weather Issues
Under the final rule, the employer is not required to pay for everyday
clothing, such as long-sleeved shirts, street shoes, pants, and normal
work boots. Similarly, the employer is not required to pay for ordinary
clothing, skin creams, or other items, used solely for protection from
weather. Clothing used to protect employees from artificial heat or cold
is not part of this exception. For example, employees working in a
freezer warehouse may need heavy coats. In this situation, the employer
is required to pay for the protection.
Uniforms/Sanitary Clothing
The rule does not require payment for uniforms, caps, or other clothing
that are worn for purposes unrelated to safety and health (including
rain suits).
Replacement PPE
The employer must pay for replacement PPE, except when the employee has
lost or intentionally damaged the PPE.
Employee-Owned Equipment
The rule acknowledges that employees may wish to use PPE they own, and
if the employer allows them to do so, the employer will not need to
reimburse employees for the PPE. However, employers cannot require
employees to provide their own PPE or to pay for their own PPE.
There is more extensive information in the full memorandum from MEUW,
including tables outlining more requirements and exceptions. You can
learn more about the rule from the OSHA website:
www.osha.gov/briefing.html.
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Stoughton Utilities
Harnesses Sun’s Power
Stoughton Utilities recently installed 34 photovoltaic solar panels in
an awning configuration on the south side of the building. The system
cost approximately $60,000 and will provide approximately 8,500 kWh of
emissions-free electricity each year, or enough energy to power three
energy-conscious homes.
Utilities Director Bob Kardasz says the system is intended to serve
educational and demonstration purposes as well as to help offset the
utility’s energy usage. “Not only does Stoughton Utilities’ new solar
installation help power our building with clean, renewable energy,” says
Kardasz, “it also demonstrates the use of solar energy as a simple step
anyone can take to help create a cleaner energy future.”
Other efforts to conserve at Stoughton Utilities include the purchase of
additional green power to help offset the building’s energy needs.
Employees have worked hard to conserve energy in the Stoughton Utilities
building, the wastewater treatment facility and water production wells
through behavioral changes and by installing energy efficient equipment.
A neighborhood electric vehicle and an electric hybrid vehicle were also
added to the Stoughton Utilities fleet. “As a community-owned utility,
we’re committed to helping make Stoughton a better place to live and
work,” says Kardasz. “One way we’re doing so is by setting a local
example for environmental stewardship.”
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