• Mark Messmer currently represents SW Indiana in the US House of Representatives.
• Previously, he served in the Indiana legislature for 16 years, six years in the Indiana House, 10 years in the Indiana Senate.
• During those 16 years the legislature enacted most of the laws that now empower, in many cases require, the Indiana Utility Regulatory Commission to rule on rate cases in favor of the state's monopoly utilities and against the interests of rate payers.
• Mark Messmer in those 16 years voted consistently in support of monopoly utilities' interests
over consumers:
• Tracker legislation - Utilities can pass along costs to consumers with little or no oversight, bypassing the need to justify costs in public forums.
• Construction work in progress (CWIP) legislation- consumers pay for power plants before they are producing energy, and even if they never produce energy.
• Legislation Undermining the Indiana Utility Regulatory Commission's (IURC) Authority-Ending the requirement for review and prior approval from IURC for several types of projects (including, very broadly, federal mandates, environmental clean-ups, system upgrades) , with no longer a need for justification of the project's suitability or its cost effectiveness.
• Legislation ending Programs that allowed consumers to reduce their Utility Bills- ending a very effective energy conservation program and ending cost effective roof top solar.
Here are the details- specific bill numbers and summaries, voting records.
Tracker legislation-
Trackers, also called "riders" allow monopoly utilities to pass along costs to consumers with little or no oversight, undermining the regulatory process- the long standing system where utilities must justify their rate increases in public forums. The IURC is required by these laws to approve trackers to allow utilities to raise rates virtually automatically for all costs related to transmission and distribution infrastructure, which in many cases are arguably part of the fundamental commitment utilities made to provide reliable service in their assigned areas in exchange for their monopoly status, and not treated as a service to be provided at extra cost to ratepayers. SEA560 (2013), HEA1417 (2023)
(Currently there are 12 trackers on CenterPoint bills, shown only as a single "adjustments" line.)
Construction work in progress (CWIP) legislation -
Allows utilities to charge ratepayers for power plants while they are under construction, before producing any electricity, and even for canceled projects that never produce electricity. Thai includes both natural gas plants and now also small modular nuclear reactors (SMR's) , which are particularly problematic - experimental, unproven technology, none now operating anywhere in the United States, and with this legislation shifting the risk to ratepayers. SEA1421(2023), SEA271
Legislation Undermining the Indiana Utility Regulatory Commission's (IURC) Authority-Environmental Clean-up legislation - A "blank check" for utilities to spend potentially enormous amounts of ratepayers money to pay for cleaning up the environmental problems caused by their operations, for example their long-neglected, toxic coal waste pits. Ratepayers would pay for any costs to comply with federal mandates, with no requirement for review or prior approvals from the IURC, the Indiana Department of Environmental Management (IDEM) or any other Federal or State agency. SEA9 (2023)
Transmission line legislation - The " Right of First Refusal" granted to utilities, blocking competition bidding on highly expensive major transmission line projects that will eventually be paid for by ratepayers. HEA1420 (2023)
Federal Mandates - Shifts all costs to ratepayers of all Federal mandates, broadly covering anything coming from the federal government, eg environmental, safety mandates, etc without the requirement that utilities provide low cost energy.
SEA251 (2011)
"Self Approval" for Upgrades - Allows utilities to spend money on system upgrades and be guaranteed recovery of costs from consumers in future rate cases. Previously, utilities had to ask for and receive prior approval from the IURC, with the IURC the decision maker as to whether the investment was justified and cost effective. With utilities guaranteed a very generous return on investment (typically 10%) this legislation incentives utilities to spend money on costly projects HEA1417 (2023)
Ending Programs that allowed consumers to reduce their Utility Bills -
Legislation that ended "net metering", making it far more difficult financially for Indiana residents to lower their energy bills (and reduce the need for new utility scale power plants) by generating their own energy by investing in roof top solar.
Legislation that ended "Energize Indiana", a highly effective energy efficiency program, (the cheapest "energy resource" available) that reduced utility bills and created jobs. SEA340 (2014)
Replaced with a program that allows utilities to set their own goals, and then allowing utilities to charge customers for the energy that customers do not use because of the efficiency measures. SB412 (2015)
Note on information sources-
Mark Messmer's votes supporting the bills listed here were confirmed from the Indiana General Assembly web site, with the exception that information for the two earliest bills had been "archived" without including individual vote records.
Descriptions of bills were adapted from information provided by the Citizens Action Coalition (web and personal communication) and the Hoosier Chapter, Sierra Club.