Hennepin and Xcel battling over rights to energy credits

The state public utilities commission may soon rule on whether the county or the utility gets to keep credits generated by the garbage burner.

May 19, 2010 at 3:53AM

Hennepin County is engaged in a tug-of-war with Xcel Energy Inc. over who gets to keep renewable energy credits generated by the county's garbage burner.

Those credits might not be especially lucrative now, but they're expected to become increasingly valuable as state and federal governments require utilities to provide more energy from renewable sources in the years ahead.

On Tuesday, the Hennepin County Board Energy and Environment Committee extended the county's contract with a Minneapolis law firm to handle its case against Xcel before the state Public Utilities Commission (PUC).

As renewable energy standards rise in coming years, selling the energy credits could bring Hennepin County up to $1 million annually, Commissioner Peter McLaughlin said.

"This is serious money," he said, especially if cap-and-trade programs to buy and sell emissions permits take hold.

Minnesota requires that by the end of this year, 15 percent of the energy Xcel provides must be from renewable sources such as solar, biomass or wind. That mandate grows to 25 percent by 2016 and 30 percent by 2020.

Xcel argues that it should be able to keep renewable credits associated with energy it buys from the county's garbage burner. The credits, issued by the government to a utility, essentially certify that a specific amount of electricity came from a renewable source. Buying a credit is said to be the same as buying renewable energy.

"We just believe that if we're buying renewable energy, it's appropriate to count that toward the renewable energy standards the state has established," said Jim Alders, Xcel's director of regulatory administration.

It's an issue that also affects 100 other power producers around the state that sell energy to Xcel, county environmental services director Carl Michaud told commissioners.

Xcel agreed to buy energy at a lower rate from Hennepin County in the mid-1980s. There was no pricing for renewable energy then, let alone renewable energy credits; the contract didn't mention them because the concept didn't exist. It was only later that the idea of trading or selling credits as a commodity developed.

Xcel asked the PUC a couple of years ago to rule that it could apply credits from the energy it was buying toward meeting its state mandates. Hennepin County proposed talks to resolve the matter, but "we didn't feel like we were having much success," Michaud said.

So the county has asked the PUC to decide the issue. A meeting will be held in June. Michaud said the commission could decide in a few months.

Renewable energy credits were "never envisioned by the original contract, so it's something new," Michaud said. "And Xcel didn't have any requirements placed upon it by the state at the time."

Alders acknowledged that Xcel might choose to sell renewable credits it doesn't need. He said the market for such credits is still young and that they're of little value right now. "That may change over time," he said.

Xcel has sold energy credits only in Texas and Colorado, Alders said. The utility recently got permission from public utility commissions in North Dakota and South Dakota to start pilot programs to sell renewable credits and use the revenue to reduce energy costs for customers, he said.

Kevin Duchschere • 612-673-4455

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about the writer

about the writer

Kevin Duchschere

Team Leader

Kevin Duchschere, a metro team editor, has worked in the newsroom since 1986 as a general assignment reporter and has covered St. Paul City Hall, the Minnesota Legislature and Hennepin, Ramsey, Washington and Dakota counties. He was St. Paul bureau chief in 2005-07 and Suburbs team leader in 2015-20.

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