Independence Re-envisioned

american flag waving in wind

250 years after 56 men representing the original 13 colonies added their names to Jefferson’s declaration, we need a declaration of independence from an utility system that is fundamentally failing too many of us. And a utility system that fails some must be deemed a failure by all. 

Disregarding the human rights to the basic essentials of energy and water is an unspoken disregard for all people. Whoever is secure today may, by virtue of injury or illness, unemployment, the loss of a loved one, or any other storm of hard luck, be next in line to have their access to energy or water shut off because utilities have become unaffordable for them. Hundreds of millions of us are a blink away from utility insecurity.

The claim that utility shutoffs are necessary must be debunked. No lives or even livelihoods are at stake when a utility continues to provide essential services, regardless of an individual’s or family’s ability to pay.

Are the $50 billion in excessive profits utility investors enjoy at risk, then, if utilities are required to provide continuous service to all customers? Hardly, as the total cost to prevent shut offs would be just a few percent of these stunning profits. In a pending rate case in Michigan, testimony by Consumers Energy shows that uncollectibles–what people can’t pay–amounts to less than one half of one percent of all revenue. Letting a few crumbs drop from their prize-winning cake would result in a miniscule, imperceptible dip in their portfolios. 


In revisiting the declaration of 1776, I was astonished to learn just how much the signers had sought to capitulate to King George just two years prior, in a 1774 petition that begins: “To the King’s Most Excellent Majesty: Most Gracious Sovereign: We, your Majesty’s faithful subjects…”  “Your Royal authority over us, and our connection with Great Britain, we shall always carefully and zealously endeavour to support and maintain.”

You could surmise that the colonists were submissive to a fault, that it took sustained, egregious breaches of any fair treatment to finally instigate the ultimate declaration.

With a 114-year old “regulatory compact,” originally meant to keep monopoly utilities somewhat in check, we too–the subjects of investor-dominated utilities, face a breaking point. It is time to declare the universality of our human right to energy, shareholder profits be damned. It is time to declare that utilities have broken any accord or public trust, and thus warrant a forfeiture of their claim to monopoly service territories. 


What does this look like practically? In Maine, Rep Seth Berry introduced legislation to create a public “Pine Tree Power” utility if incumbent, investor-owned utilities (IOUs) were found by a commission to be unfit to serve and in violation of at least two of the following criteria in the last 5 years: 

  1. Customer satisfaction. Repeatedly been rated in the lowest decile of utilities of a 25 similar size for customer satisfaction on a reputable national survey of utility business or retail customers
  2. Reliability. Repeatedly reported reliability, with or without major event days, in 28 the lowest decile of utilities of a similar size in the country; and
  3. Cost. Repeatedly charged its customers residential delivery rates in the highest 30 decile among utilities of a similar size in the country.

Pine Tree Power was approved by both chambers of the Maine legislature, only to be vetoed by Gov. Janet Mills. When the people put Pine Tree Power back to the ballot through a voter referendum, both Mills and the dismally performing IOUs in the crosshairs vehemently opposed it. Outspent nearly 40:1 and dogged by a threatening radio address by Mills, the campaign garnered support from 33% of voters, but a second referendum that banned contributions by foreign-owned utilities, which applies to Avangrid in Maine, did pass. 


Like the original petition of the colonists, Pine Tree Power offered a surprisingly low and utterly reasonable bar to retain their monopoly hold. They didn’t demand that investor-owned utilities operate like a B-Corp or become worker-owned co-ops (though that would be nice!) – they asked that they stop continuously scraping the sludgy barrel bottom of utility performance. And offered objective standards for their replacement. The utilities shrugged, drew a handful of cash from under a government relations couch cushion, and did the one thing they actually do exceedingly well–used their money to silence the will of the people. 

Perhaps that first meek petition of 1774, followed by the stronger conviction of the Declaration, will inspire us to take democracy to the utility kings who have ceased to regard the needs of their once loyal subjects. May it be to their peril! Independence from the thumbs of utility kings! 


EEP Statement on Energy As A Human Right

We declare: Utilities are human rights. They must be provided universally and without interruption. Access to energy and water must be unconditional, regardless of how much one can afford to pay. The welfare of the people is more important than the wallets of Wall Street investors. Utilities must come first, without exception. 


As we reflect on America’s 250th, it is a good moment to review the language of the fed up founders and draw inspiration for our fight for utility justice for all.


Quotes from the Declaration of Independence

“When in the Course of Human Events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

“In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”

See the full text of the Declaration here.

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