Local governments can participate in state energy regulatory processes by formally joining proceedings or by submitting comments, testimony, or formal filings to participate in the regulatory process. Local governments most commonly use this approach to provide input on pending customer programs, describe how utility resource plans do or do not support city energy goals, or make suggestions on how utility plans are evaluated and how they align with local energy goals.
Engaging with State Energy Regulators
Applicability:
Local governments served by regulated (vertically integrated) utilities. In states with retail choice, engagement with regulators may still matter, but utilities and market rules function differently.
What?
Why?
State regulators make key decisions that directly affect local project costs and timelines, including approval of Integrated Resource Plans (IRPs), rate design, cost recovery mechanisms, interconnection rules, and new customer program structures. These regulatory bodies, often called Public Service Commissions (PSCs) or Public Utility Commissions (PUCs), implement state energy legislation and establish rules and oversight that guide utility planning and investment decisions. They are also responsible for approving utility actions such as the creation of Integrated Resource Plans (IRPs), requests to procure new capacity or resources, and the development of new customer programs.
How?
Once a commission opens a docket on a certain issue, local governments may participate formally by filing petitions with the commission to become intervenors and submitting testimony, usually through an attorney.
Local governments may also participate through more informal pathways. These can include submitting written comments, participating in public workshops or technical conferences, meeting with commission staff, coordinating with peer cities, or providing input ahead of formal hearings.
Early engagement before key decisions are finalized can help local governments better understand planning timelines and provide input during important decision points in utility and regulatory planning processes.
Resources
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This Renewables Accelerator resource provides local governments with a foundational understanding of integrated resource plan (IRP) processes and key considerations to help local governments evaluate their engagement plans and craft an initial engagement strategy.
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This World Resources Institute report details key ways customers, like cities, can engage with their utilities on the ways solar energy is considered in their integrated resource planning.
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The National Association of Regulatory Utility Commissioners (NARUC) maintains a database with key information about all state regulatory commissions and relevant federal organizations.
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As part of the National Council on Electricity Policy’s (NCEP) mini-guide series on engagement between state regulatory commissions and decision makers at different levels of government, this NCEP and Institute for Market Transformation guide identifies key areas where local governments may engage with PUCs, the potential impacts of local government engagement at PUCs, and opportunities to make regulatory processes more accessible for city and county staff.
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Emerging resources from NARUC and NASEO outline how integrated planning processes such as IRPs, distribution, and transmission planning are structured across states, including process maps that help clarify engagement points.
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Examples of Formal Letters and Testimonies Filed by Local Governments:
- The City of St. Petersburg filed comments on the Florida Energy Efficiency and Conservation Act (FEECA).
- The City of Boulder filed comments to the Colorado Public Utilities Commission on the Public Service Company of Colorado’s 2016 resource plan.
- The City of Boulder provided input in Xcel Energy’s IRP proceeding to support stronger emissions reductions and clean energy outcomes.
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This report outlines key elements of modern resource planning and provides a framework (“the wheel”) for evaluating how utilities incorporate clean energy, reliability, and cost considerations into IRPs.
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This guide provides practical steps for understanding and engaging in IRP processes, including how to review utility plans and participate effectively in regulatory proceedings.
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This ACCC Renewables Accelerator case study examines a coordinated effort by local governments in North Carolina to provide insight into how and why local governments are increasingly getting involved in utility Integrated Resource Plan (IRP) processes. It shares details and takeaways from this leading example of local government collaboration to inform other local governments’ efforts to advance a cleaner, more sustainable energy future.