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Legislative Commission on the Future of the Long Island Power Authority

Photo courtesy Peter Gollon
By Peter Gollon

I commend this newspaper for its thorough and balanced Sept. 14 and Sept. 21 articles on the proposed conversion of the Long Island Power Authority into a fully municipal utility that would directly operate the electrical transmission and distribution system that it has owned for decades.

LIPA, which is the country’s third largest municipal utility, is legally required now to outsource its operation to another entity. Right now that is PSEG Long Island. Before that, it was National Grid.

LIPA’s staff of 60 experienced utility professionals supervises PSEGLI’s performance according to metrics taking 207 pages to outline. Each year, LIPA pays PSEGLI $80 million for just 18 executives to plan and direct the 2,500-line call center and other workers whose pay is provided by LIPA. That’s more than $4 million for each PSEGLI-supplied executive.

There is considerable overlap between the top PSEGLI staff and the LIPA staff that supervises and grades PSEGLI’s performance. Both the Legislative Commission on the Future of the Long Island Power Authority and LIPA agree that if LIPA hired a dozen more staffers, it could run the system itself, dispensing with PSEGLI’s management and saving about $75 million each year.

This savings would be real, even if PSEGLI were doing a good job. But it hasn’t been. Their performance in storm restoration after Tropical Storm Isaias in 2020 was so bad, and their reports on the causes of the failure of the outage management system were so dishonest, that LIPA considered PSEGLI to be in default of their contract.

Beyond PSEGLI’s shortcomings, the problem is the structure of the unique and convoluted “hybrid” system itself. Besides the extra cost, the inefficiency of this two-headed structure is why LIPA is the only large municipal utility in the country to be operated this way.

As a LIPA trustee for five years, I saw the difficulties, delays and expense that this structure results in. For example, it required three months and a resolution voted by the LIPA Board directing PSEGLI to develop and implement an accurate and modern asset management system for the billions of dollars of LIPA-owned assets before PSEGLI would take such action.

The delays and inefficiency of this management structure do not show up as a specific dollar cost in LIPA’s budget, but they are there and impede LIPA’s adaptation to the new reality of stronger storms and a faster transition to a renewable energy system.

LIPA needs the simple, common municipal utility structure recommended by the state’s Legislative Commission. The Board of Trustees should be reorganized so some trustees are appointed by both Suffolk and Nassau County executives, rather than now where all the trustees are appointed by the state’s political leadership in Albany.

Locally appointed trustees should give LIPA needed credibility with its Long Island customer base and might make it more responsive to local concerns. In recent years, there has been significant hostility resulting from inadequate understanding by both PSEGLI and LIPA of the impact of changes in tariffs, and from the location and details of new facilities or even just taller and thicker poles.

Finally, one trustee should be named by the union — IBEW Local 1049 — representing the utility’s workforce to ensure that their interests are represented at the highest level.

The legal structure in which the workforce is actually housed is critical. Their transfer from PSEGLI to LIPA must be done in a way that continues their employment under federal labor jurisdiction and preserves their well-earned pension rights. Any proposal that might put them under weaker state labor jurisdiction and possibly jeopardize their pensions has no chance of passing the Legislature, nor should it.

Long Islanders should support this once-in-a-generation opportunity to fix a broken utility structure.

The writer served on the Long Island Power Authority Board of Trustees from 2016 to 2021.

The LIPA Power Station. Photo by Kyle Barr

In recent years, Long Islanders have grown increasingly frustrated and alienated by our state government in Albany. This dynamic must change to move our region forward.

New York State has failed to meet our needs or fulfill our aspirations on various local issues. From stonewalling modernization of the Port Jefferson Branch of the Long Island Rail Road to lackluster maintenance of our state roadways to blatant negligence in protecting nursing homes during the COVID-19 pandemic, our state government has come up short constantly.

While geographical proximity may make it difficult for Albany to be attuned to all of our needs, the state government has not made a proper effort to listen to and address our concerns.

Though the connection between Albany and Long Island remains decidedly frayed, one 2022 development should give our citizens hope: the Legislative Commission on the Future of the Long Island Power Authority.

Given the complexity of restructuring LIPA as its contract with PSEG-LI nears expiration in December 2025, a team of state legislators has moved around our Island to gather public feedback on the matter — and the people are speaking up.

At TBR News Media, we are committed to a bottom-up policymaking approach. The citizens of our communities should be guiding our state government toward representative policy outcomes — not the other way around, as is currently practiced. And our elected representatives in the state Legislature are the necessary agents to convert our collective will into sound policy.

This legislative commission on LIPA is a rare opportunity to see our state officials at work, generating local feedback that they will then share with the remainder of the Legislature. This commission is opening up meaningful conversations about a critical state policy that affects all of us.

Questions surrounding our electrical grid are complicated, and many of them will likely remain unresolved regardless of the commission’s final recommendations. Yet, for once, our citizens have been given a voice.

The promise of this legislative commission is its ability to give our residents a platform to help guide state policy. We need such legislative commissions to explore better relationships with the Metropolitan Transportation Authority, the NYS Department of Transportation and various other state agencies.

With this style of bottom-up democracy, we can begin to decentralize the power of Albany, restoring a connection between Long Island and New York State that has for years been severed.

We ask our state delegation to begin holding more commissions, and may we all start participating in a more representative legislative process moving forward. If we make our voices heard, we cannot be ignored.

Public domain photo

The debate over the future of Long Island’s electrical grid picked up last week, Sept. 14, at the Nassau County legislative building, with officials, utility staff and members of the public offering competing visions.

The Legislative Commission on the Future of the Long Island Power Authority is a bipartisan panel of state legislators from Long Island and the Rockaways formed in 2022 to consider the potential municipalization of LIPA after its management agreement with PSEG Long Island expires in December 2025.

Accountability

Chief among the concerns outlined during the hearing was public accountability by members of the LIPA Board.

Under the existing appointment structure, the New York State governor appoints five of the nine members, with the Legislature selecting the remaining four.

New York State Assemblyman Fred Thiele (D-Sag Harbor) suggested this appointment structure could change. “All of those appointments are made by individuals that don’t live on Long Island,” he said. “There has always been the consideration that there should be more local say about the governance of LIPA.”

But achieving that degree of local oversight remains an open question. Michael Menser, associate professor in the Department of Earth and Environmental Sciences at the CUNY Graduate Center, proposed creating a stakeholder advisory committee to make recommendations to the LIPA Board.

“We think a committee stakeholder board — possibly working with an independent research institute or observatory, supporting a fully public utility — could make this transition happen in a way that is speedy, democratic and beneficial both economically and ecologically,” he said.

Ryan Madden, sustainability organizer of the Long Island Progressive Coalition, suggested that the county and city governments within LIPA’s service area should make appointments to the board.

“In some ways, there is an argument that some state appointments make sense as it’s a state entity,” Madden said. “But there should be more input or appointments from local jurisdictions.”

“There could be a situation where the governor gets appointments, the Senate and Assembly get appointments, the Nassau County executive working with the Legislature gets appointments, and the same with Suffolk,” he added.

Governance/management

Thiele said the commission had explored an elective LIPA Board in its first round of hearings but backtracked on this idea, favoring an appointed board instead.

“Especially when you’re talking about [the] National Labor Relations Act,” an appointed board “would better serve to protect labor,” the assemblyman said.

Madden nonetheless supported greater local oversight over the appointment process.

“Our recommendations are just to ensure that there is robust community participation and more local decision-making in whatever appointment process that we determine,” he said.

Tom Falcone, LIPA’s CEO, had attended the Nassau meeting and pushed back on earlier testimony from PSEGLI vice president of external affairs Christopher Hahn, who suggested that the friction between the two utilities creates checks and balances. [See story, “LIPA and PSEGLI wrestle for control over Long Island’s electrical grid,” Sept. 14, TBR News Media website.]

“There aren’t supposed to be checks and balances in management,” Falcone said. “Checks and balances at the management level means a lack of accountability of the vendor. It means the vendor can check what the board wants,” adding, “I think, fundamentally, the problem is that you have one vendor, and they can’t be fired.”

Other input

Luis Vazquez, president and CEO of the Long Island Hispanic Chamber of Commerce, said the chamber does not support the municipalization proposal due to the commission’s perceived lack of public outreach and education.

“Half of the problem is educating our communities and chambers,” he said. “So, if we don’t get the message and we don’t know what we’re voting on, I’d rather just not take a position.”

Guy Jacob, an at-large delegate of the Sierra Club, said his organization’s national, state and Long Island chapters all support municipalization.

“This so-called public-private partnership is unique among municipal electric utilities in the U.S., and the time is now at hand to terminate this decades-long, failed anomaly,” he said. “The moment has come to terminate the tyranny of shareholders over ratepayers.”

Jacob pointed to a perceived lack of alignment between the profit interests of the electric service provider and the LIPA customers, adding that “redundant” management positions within LIPA and PSEGLI add unnecessary costs for utility power.

Conversations over the restructuring of LIPA remain ongoing. To view the commission’s meetings, visit totalwebcasting.com/live/nylipa. Written testimony can be submitted at nylipa.gov/public-input.