Intermediate Liability Rule with No Apology: An Economic Prescription for Social Costs of Electricity Akim M. Rahman, Ph.D. * *Contact author: Office of Strategic Research, Ohio Department of Development, 77 S. High Street, 27 th Floor, Columbus, OH 43215, USA, Phone 614-466-4151, Email: [email protected] or The Ohio State University, 1735 Neil Avenue, Room no. 10, Columbus, OH 43210, Phone 614-292-3786, Email: [email protected] Clive A. Edwards, D.Sc. Environmental Science Graduate Program, The Ohio State University, 1735 Neil Avenue, Columbus, OH 43210, US, Phone: 614292-3786, Email: [email protected] Abstract Traditional law and economic theory suggest that electric companies can be made to pay the costs of the pollution through assignment and enforcement of full liability and then pass these incurred costs on to the end-users by charging higher rates per kWh of electricity used. Questioning this conventional theory in this study, with implicit weighting of welfare gains and losses to society, consisting of a three-groups, consumers, producers and victims of the emission, supply-demand models are developed, and the net welfare effects of the policy are analyzed. Calculating welfare effects to each group, the liability share parallel to zero net welfare effects is used to single out end-user's optimal liabilities. With a plausible parameter value used, this analysis shows that the intermediate liability(s) are preferable on both economic efficiency and equity grounds. However, the model is very sensitive to changes in the parameter values. Keywords: Climate policy, coal combustion, electricity generation and emission liability. The objective of this paper is to debate the controversy surrounding intermediate liability rule in assigning taxes on externality evolved from production processes where producer and consumer both have joint interest in profit maximization but they may have dichotomy in their approaches. Like few other commercial sectors, utilities, especially, electric utilities where a company generates electricity through coal combustion either to compete in market and to generate targeted revenue (deregulated-market) or to reduce the costs of electricity generation where market prices along with investors' rate of return are set by regulators (regulated-market). By contrast, modern technology, especially, time-saving opportunities or appliances likely encourage consumers to change the pattern of their approaches, because expending energy use allows them to increase their overall productivity and personal comfort. These changes cause additional demands on energy supplies and; it could cause the downfall of our environment where externalities are not internalized in market. At the economic status quo, we plan to show that intermediate liability(s) over a full or a zero liability is preferable in terms of economic efficiency, equity, and ethical grounds. Moreover, by taking the approach, we plan to review two reasons why the full liability rules -- Polluter Pays Principles (PPP) will not produce an allocation of resources that maximize social welfare. (a) Full liability creates an enhanced incentive for the electricity generation through coal combustion and thereby changing the costs and benefits associated with electricity generation. (b) The breakdown of assignment of liability affects the distribution of costs and benefits among affected parties. Firstly, we derive relationships between the assignment of liability for pollution abatement costs and the level of CO2 emitted from power plants, using a supply-demand model where people’s willingness to pay (principles of new welfare economics) are financial measures of welfare gains and losses. Secondly, we calculate end-users' optimal liabilities using principles of compensation and equivalent variation and use this liability share to maximize the social welfare function. Consequently, we define liability assignments that maximize (taking derivatives of the model) economic welfare where all parties, end-user(s) and generating company(s) both favor profit maximization in order to reach their goals but they may dichotomize in their activities. 1. Some Background Recent environmental concerns in many countries are likely to contribute to reduction domestic CO2 emissions to levels matching the ongoing environmental campaign internationally 2 under the Kyoto Protocol that has entered in its first step based on the resolutions of recent Conference of Parties on Climate Change (COP7) in Marrakech. In spite of the recent outcome of the COP7, policy practitioners in many countries are obligated currently to react to perceived domestic environmental damages. This may result from externality issues in relation to policies, which favor domestic political maneuvers. Like few other sectors, energy utilities such as coalbased electric companies (producers) are often identified as a major source. The debate over these issues is likely to center on determining the appropriate allocations of liability. Such liabilities must be aimed to internalize the costs incurred, so that it becomes most appealing to parties and ensure preserving equity aspects. To address these issues, institutions often attempt to identify fully liable parties, instead of questioning the roles of various parties' involved in causing the problem. This is often called the Polluter Pays Principle (PPP). Under the PPP the generating companies could be made to pay all environmental costs through the assignment and enforcement of full liability and then the companies would pass these costs incurred on to end-users by charging a higher rate per kWh of electricity usage. Alternatively, the companies may charge the endusers as emission compliance costs per kWh of electricity usage. Laws and regulations are not the only means of accounting for liability for this problem. Economists have long advocated different options to define liability rules in externalities. A. C. Piguo (1932) made a seminal suggestion of the adoption of a system of unit taxes or subsidies to curb pollution where taxes on a particular activity are equal to the marginal social damages caused which in term is equal to the marginal divergences between private and social costs. This proposition has attracted considerable attention among policy practitioners in relation to many externality issues (Lands and Posner 1980; Sullivan 1986). It remained unchallenged until 1965 when Ronald Coase (1965) published his key article where he argued that regardless of the liability principle in practice, all gains from the business would be exhausted in efficiency perspectives. The Coasian theory of externality has been preserved in the economic literature although a group of academic economists (Davis and Whinston 1965; Calabresi 1968) this group first attacked Coasian's zero transaction cost assumption and extended their analyses to the case where both parties were consumers. The second group (Dolbear 1967; Mishan 1971; Randall 1972) accepted Coase's static-perfect competition assumptions for the sake of argument but rejected Coase's rules of liability neutrality. Mishan and Randall used two different active party cases (producers and consumers) instead of two homogeneously active parties (producers or consumers) that were 3 used by Dolbear under the same the assumptions. They have theoretically supported the full liability rules. The primary author of this article has investigated their suggestions in a case where both consumers and producers have joint interest in profit maximization but they may have dichotomy in their approaches. With plausible parameter values, using supply-demand models, he singled out intermediate liability(s) over a full or a zero liability rule on both economic efficiency and equity grounds (Rahman 2000). 2. Liability Rules In this section, we provide a technical assessment of probable liability rules cognate to aforementioned problem. Full liability rule It puts responsibility on the party who uses electricity in his or her daily activities. The magnitudes of this liability depend on the volume of electricity usage in kWh. In this case, the electricity generating company does not bear externality costs but passes it on to the enduser by raising the price of electricity per kWh or collecting the incurred costs of emission compliance per kWh of electricity usage. Under this rule, the company is liable to meet the emission standards or domestic emission targets and faces the consequences if it fails. Zero liability rule This liability rule puts responsibility on to the electricity generating company. The magnitude of this liability depends on the volume of electricity in kWh generated through coal combustion. In the case of a regulated industry, the company tries to pass on these costs as production costs to the end-users. In this case, companies are solely responsible for meeting the overall emission targets. Intermediate liability rule It puts responsibility on the end-user as well as on the generating company and an infinite number of shared burdening scenarios can be contemplated. Here the company can collect the compliance costs from end-users based on its responsibility, which can be calculated from its total electricity usage in every electricity-billing period. 3. Cursory Investigation of Liabilities In this section, we discuss supply-demand models, which were developed by the author of this article to investigate efficiency and equity trade-off of several different liability rules for externality issues (Rahman 2000). In practice, the generating companies are free to 4 choose a range of various fuels to generate electricity such as electricity from coal combustion, electricity from nuclear power plant, electricity from oil, etc. or use of a combination of fuels. For our study, we have chosen American Electric Power-Ohio (AEPOhio), a solely coal based electricity generating company in the State of Ohio, USA, which transmits electricity to other electricity markets using transmission grids after meeting local electricity demands. Traditional law and economic theory suggest that public policy determines the price of electricity per kWh in a regulated retail market and the price of electricity per kWh in a competitive retail market depends indirectly on the prevailing environmental enforcement policy. In general, environmental enforcement will increase the anticipated cost of electricity generation, thereby decreasing the over all volume of electricity generation under coal combustion, and increasing the amount of electricity generation from nuclear power plants. In aiming to maximize extra profits, in practice, a company may wish to use the environment as a waste disposal medium (illegal operation) and, by so doing, it may decrease its generation cost. In other words, electricity generation in the market where environmental enforcement is fully enforced i.e. where a company pays compliance costs, if it fails to match the level of emissions required (legal operation) is a substitute to illegal electricity generation where company pays fines or penalties if it is convicted for pollution. Underpinning the above assumptions, Cp, (Figure 1), represents a private cost curve of electricity generation where the rate of return is included when the market is regulated, C s is the marginal social cost of electricity generation and E(D) is the demand for electricity. Point X (Figure 1) is the market equilibrium only if the company covers the marginal private costs (MPC) of electricity generation and passes it on to the end-users in terms of electricity price per MWh. The equilibrium price and volume of electricity generation under coal fired are P2 and D2, respectively. But if the full marginal externality costs are covered by the enduser together with the marginal private costs, then a market equilibrium occurs at point K (where MPC = MSC) with an equilibrium price P1 and a volume of electricity generation under coal combustion D1. An intermediate situation can also arise in the market (Figure1). It is possible that the end-users will pay all of the marginal private costs of electricity but only a fraction of marginal externality costs. This possibility can be represented by the C n schedule (Figure1). The market equilibrium occurs now at point G, with any equilibrium price of P, and an equilibrium volume of electricity generation using coal-fired D. It is assumed in the remaining discussion that point X represents the initial equilibrium and point G describes the 5 equilibrium point of electricity generation in legal operations responding to environmental enforcement policies. Considering equity trades off aspect in liability assignments, three groups are represented (Figure1). They are (i) electricity users, (ii) the electricity generating company and (iii) individuals (excluded or included the above two) impacted adversely by the marginal externality costs resulted from electricity generation under coal combustion i.e. victims of emissions. The effects on each of these groups will be examined in detail in the following discussion. Consider first the impacts on the end-user that has a requirement for electricity. Increasing the market price from P2 to P means that the end-user suffers a loss in consumer surpluses equal to the area P2PG X. In contrast, the generating company now provide D units of electricity from coal-fired and charge a price of P. This results in a revenue transfer from consumers to producers that is equal to the area P2PGL. However, these generating companies experience a reduction of electricity generation using coal combustion provided in market-one equal to the distance D2D. This, in turn, implies a loss to the producers' surplus equal to area - BPG + AP2X. The third impact is concerned with externality costs. If the total electricity generation using coal fired is equal to D2 the associated levels of externality costs is equal to the area CNXA. But if the level of electricity generation under coal combustion is D, then the associated level of externality cost is CFYA. A net impact on the external costs of reducing the volume of electricity generation using coal-fired from D2 to D is equal to the area FYXN. Despite any environmental enforcement policy in practice, the generating companies' needs to dispose CO2 into air depend on two factors: the policy costs of its acts, and policy costs (Cs - Cn,) in the market where some companies do not choose to pass the waste into air. The consequences of changes in demand of electricity generation using coal-fired in a case where the company chooses to use the air as waste disposal medium are shown in Figure 2. PI, the policy costs of electricity generation per MWh are assumed constant in the prevailing market. Increasing the costs of electricity generation in to a generating company in market-one means that the demands for electricity generation in market-two increases from I' to I". When the demands for electricity generation using coal-fired in market-two is I (C'n, PI), the total benefits for the consumers are equal to the area OI'MP' I, while the total costs in market-two are equal to the area OI'MPI. This implies a net benefit equal to PIMP'I. But if the demand is I (C"n, PI), then the total benefit is OI"NP"I and total cost is OI"NPI. This implies a net benefit 6 equal to PINP"I. Thus, increasing the demand in market-two from I' to I", implies that the generating company may receive a net benefit equal to the area (P INP"I - PIMP'I) that ultimately passes on to the end-users. Activities in market-two also imply that there is a possibility of environmental damage associated with marginal externality costs. Discussion and measurement of such costs are based on another model (Figure 3). The marginal externality costs of electricity generation using coal-fired in market-two consist of two components. The first is the quantity of electricity generation under coal fired allowing the permitted levels of emission. There are two sizes: I' (Figure 3) associated with P2 and I" associated with P (Figure 1). The second component is the cost of the resources that would be required to make the external effects of CO2 emission harmless to any third parties that are affected by markettwo. These costs are assumed to be a single value per unit; i.e. per unit cost is assumed to be Cs, where quantifies the electricity costs in market-two as a fraction of electricity costs in market-one; note can be greater than one. The < 1 situation indicates that impact on market-two is cost-effective and this option scheme then becomes appealing to the generating company; otherwise it becomes a disincentive. The exact relationships between Cs and PI are not known on a priori basis. Moreover, whether the bargaining outcome under market-one or market-two leads to decreased gaseous emissions or to improved social welfare depends crucially on the model parameters. Since the price rises from P2 to P in market-one, the welfare losses, associated with total electricity generation under coal combustion, is shown by the area I'I"AB in Figure 3. This area is a relatively accurate measure of minimum welfare losses, provided the third parties in market-one, value a cleaner environment more than the cost of cleanup. To quantify parties' behavior aforementioned in a geometrical explanation, we begin to construct a mathematical model defining the symbolic terms that are used in the model. R1: Net welfare effects to electricity end-users. R2: Net welfare effects to companies who produce electricity under coal combustion. R3: Net welfare effects to victims of emission. To analyze welfare effects, we calculate each group's net effect separately. Following Figures 1 and 2, the net welfare effects for end-users can be stated as follows: R1 = - P2PGX + P'IMNP"I (1) Note that P2PGX has a negative sign representing a loss in consumers' surplus. From Figure 1 7 P2PGX = P2PGL + GLX (2) GLX = G DD2X - L DD2X (3) P2PGL = E(D) * D - P2D (4) GLX = [ D2 E (d )dD - P2(D2 - D)] D (5) Substituting equations (4) and (5) into equation (1) yields: P2PGX = [E (D) * D - P2 D] + [ D2 D E ( D)dD - P2(D2 - D)] (6) From Figure 2 P'IMNP"I = PI N P"I - PI M P'I (7) Where PI N P"I = PI PI MP'I = P 'I P "I PI I (C" n, PI )dPI (8) I (C ' n, PI )dPI (9) Substituting expressions (9) and (8) into expression (7) yields: P'I MNP"I = P 'I PI I (C" n, PI )dPI - P "I PI I (C ' n, PI )dPI (10) We add expression (6) and (10) in order to obtain R1 R1 = [E (D) * D - P2D] + [ P 'I PI D2 D I (C" n, PI )dPI - E ( D)dD - P2(D2 - D)] + P "I PI I (C ' n, PI )dPI (11) To calculate R2, the initial equilibrium in market-one, prior to any policy action is P2 and D2 (Figure 1). The area P2XA, therefore, shows the initial producer's surplus. Next, we calculate shared liability instead of full liability imposed on end-users. In other words, we presume that generating company shares a portion of liability, which is equal to (C n - Cp) in Figure 1. A new equilibrium in market-one is reached at point G. Thus, after the policy action the market price is P and equilibrium total electricity generation under coal fired is D. The producers' surplus in this case is the area PGB (Figure 1). The net welfare effects for the electricity generating company can be defined as the net changes in the producer's surplus that occurs when a generating company shares social costs of electricity generation through coal combustion. Thus we can state changes in producers’ surpluses resulting from an increase in the share from zero to (Cp - Cn) can be stated as: R2 = - BPG + AP2X. (12) 8 From Figure 1 R2 = -BPG + AP2X (13) BPG = OPGD - OBGD (14) AP2X = AP2LY + LYX (15) AP2 LY = OP2LD - OAYD (16) LYX = LDD2 X - DYXD2 (17) Substituting expression (14) to (17) into expression (13) yields: R2 = - OPGD + OBGD + OP2 LD - OAYD + LYX (18) Let us define the schedules for Cp and Cn in Figure 1 as Cp(D) and Cn(D) respectively. Using these functions, we can convert the geometric areas of expression (18) and obtain R2. R2 = - Cn(D)D + D 0 Cn( D)dD + P2 D + P2(D2- D) - D2 D Cp( D)dD (19) Following from Figures 1 and 3, the net welfare effects for victims of CO 2 emission from generating company under coal combustion can be stated as follows: R3 = FNXY - I' I"AB (20) From Figure 1 FNXY = D2 D [Cs( D) Cp( D)]dD ; (21) From Figure 2 and 3 I'I"AB = ΦCs [I(C"n, PI)] - I(C'n, PI) (22) Where ΦCs represents the externality cost per unit of electricity generation under coal combustion in market-two. [I(C"nPI) - I(C'n, PI)] represents the change in demand of electricity generation under coal combustion in market-two for a fixed unit price of electricity (PI). Subtracting expression (22) from (21) we obtain R3. R3 = D2 D [Cs( D) Cp( D)]dD + ΦCs[I(C"n, PI) - I(C'n, PI)] (23) Since the determination of CO2 emission policy (Liability Rule Program) involves implicit weighting to three-group, our social welfare function can be written as follows; W = ω1R1 + ω2R2 + ω3R3 (24) Where ω1, ω2, ω3 are weights for end-users, generators and victims of CO2 emission due to coal combustion respectively. Since the ultimate goal of this calculation is to determine the optimal liability share for end-users, we define optimal liability share ( λ) as the portion Cs(D) - Cp(D) which, if paid by the 9 liable party (s), will maximize the value of expression (24). This determination has two steps. Firstly, an expression for the optimal quantity of electricity generation under coal combustion D is established. Second, the optimal D is substituted into the expression [E(D) - Cp(D)] [Cs(D) - Cp(D)] to determine the optimal liability share for the end-users. The calculation of the optimal electricity generation through coal combustion begins with the substitution of expression (11), (19) and (23) into expression (24). This substitution yields: W = - ω1[{E(D) * D - P2D} + { + ω1 [ P 'I PI + P"(D2- D) - D2 D D2 D E ( D)dD - P2(D2 - D)}] I (C" n, PI )dPI - + ω2[- Cn(D)D + + ω3 [ D2 D D 0 P 'I PI I (C ' n, PI )dPI ] Cn( D)dD + P"De - D 0 Cp( D)dD Cp( D)dD ] {Cs( D) Cp( D)}dD - ΦCs {I(C"n, PI) - I(C'n, PI)}] (25) Expression (25) is the optimal social welfare function for the problem outlined in introduction section. We postulate that the total electricity generation D under coal combustion is determined so as to maximize expression (24). Taking first derivative of expression (25), the optimal total electricity generation under coal combustion yields: P "I 1 [ PI I C " n (C"n,PI) C " n D + 3 {-[Cs(D) - Cp(D)] - - I(C'n(D),PI)] - Cs(D)[ P 'I PI I C ' n (C'n,PI) dPI C ' n D dCs( D) [I[C"n(D),PI) dD I C " n (C"n(D),PI) C " n D I C ' n (C ' n( D), PI D D = ---------------------------- C ' n dE ( D) dCn( D) 1 2 dD dD Adding the calculated values of R1, R2 and R3 yields: W = - ω1[{E(D) * D - P2D} + { D2 D E ( D)dD - P2(D2 - D)}] 10 (26) + ω1 [ D 0 P 'I PI I (C" n, PI )dPI - Cp( D)dD + P"(D2- D) - P 'I I (C ' n, PI )dPI ] + ω2[- Cn(D)D + PI D2 D D 0 Cn( D)dD + P"De - D2 Cp( D)dD ] + ω3 [ {Cs( D) Cp( D)}dD - ΦCs {I(C"n, PI) D I(C'n, PI)}] (27) Taking first derivative W dE ( D ) = - ω1[{ * D + E(D) - P2} + {- E(D) + P2}] dD De + ω1 [ P 'I PI + ω 2[ - I C " n (C"n, PI) dPI C" n De P 'I PI I C ' n ('n, UI) dPI ] C ' n De dCnD * D - Cn(D) +Cn(D) + P2 - Cp(D) - P" + Cp(D)] dD + ω3[-{Cs(D)-Cp(D)} - Cs(D){ dCs( D) {I[C"n(D), PI] - I(C'n(D2), PI)} dD I C " n I C ' n (C"n(D),U'I) (C'n(D),PI) }] D C " n D C ' n (28) Simplifying expression (28) yields: P ' I I W dE ( D ) C " n = - ω1 [ * D] + ω1 [ (C"n, PI) dPI PI C " D dD De P "I I C ' n dCn( D ) (C'n, PI) dPI] - ω2[ * D] + ω3 [ - {Cs(D) - Cp(D)} C ' n D dD - -Ф dCs( D) I C " n {I(C"n(D), PI) - I(C'n(D), PI)} - ФCs(D){ (C"n(D) dD C " n D - I C ' (C'n(D), U'I) }] C ' D PI (29) Solving expression (29) provides optimal electricity generation (D) under coal combustion. To make the model simple, we work with linear versions of the demand and cost functions. E(D) = E - δD (30) Cp = A + αD (31) Cs = C + γD (32) Subtracting expression (30) from (31) and rearranging the terms, yields: E(D) - Cp = (E - A) - (δ + α)D (33) Subtracting expression (11) from (10) yields: 11 Cs - Cp = C + γD - A - αD = C - A When α = γ (34) The optimal liability share (λ) that maximizes social welfare is determined by noting that the following condition holds: From Figure 1 λ= E ( D) Cp( D) Cs( D) Cp( D) (from Figure 1) (35) Substituting expressions (33) and (34) into expressions (35) and remaining terms, yields: P "I 1 [ PI I C " n (C"n,PI) dPI C " n D + 3 {-[Cs(D) - Cp(D)] - -I(C"n(D),PI) - Cs(D)[ P 'I PI I C ' n (C'n,PI) dPI] C ' n D dCs( D) [I(C"n(D),PI) dD I C " n (C"n(D),UI) C " n D I C ' n (C ' n( D), PI EA D λ=[ ]-[ ] * ------------------ C ' n dE ( D) dCn( D) CA CA 1 2 dD dD (36) The second-order condition for maximization is: ω1 dE ( D ) dCn( D ) - ω2 < 0 dD dD (37) Model Parameterization It is clear from expression (16) that the optimal liability share depends on the values of a number of parameters. Parameters' values can be determined by a search of literature on emission issues in electric companies, public policy related to externality problems, especially, the Clean Air Act Amendment (CAAA). Here a policy of using an SO 2 permit market is utilized to facilitate use of a CO2 permit market in our models. Electricity rates per kWh, volumes of electricity produced by coal combustion and other related information can be obtained from relevant reports compiled and or published by related agencies at both state and federal levels. Costs of damages due to CO2 emission as well as prices of CO2 permits can be obtained from articles in the popular press and the environmental scientific literatures. The dollar amount of penalties or fines for violation can be determined by a search of CAAA cognate to SO2 emission regulations. 12 Sensitivity Analysis Whether directly or indirectly related to the issue discussed, it is certain that a range of plausible parameter values are available in the relevant literature. Thus, it is necessary to make a thorough sensitivity analysis to determine a plausible range of values for λ. This analysis is summarized in the following section, for non-marginal changes in λ. The effects of increasing or decreasing key parameters on marginal changes in λ can be determined by inspecting equation (16). The results of this inspection are summarized in Table I. Most of the effects on λ of larger values for the parameters in Table I are straightforward. The exceptions are The larger I , PI and ω3 . Cn I , the larger the amount of electricity generation demanded under coal Cn combustion. The larger I results a larger the consumer's surplus from electricity generation through coal combustion (the term multiplied by 1 in the numerator of equation 16) and the larger external cost of electricity generation through coal combustion (the term multiplied by 3 in the numerator of equation 16). The larger values for a consumer's surplus in markettwo increase λ; larger values for external costs in market-two reduce λ. Therefore, the net effect on λ is ambiguous, a priori. Larger values for PI have just the opposite effects to larger values for I / Cn ; they reduce the consumer's surplus from electricity generation under coal combustion and reduce the external costs from market-two. Smaller values for the consumer's surplus in market-two reduce λ; smaller values for external costs in market-two increases λ. The net effect on λ is once again ambiguous. If ω3 increases, it increases the external costs in both markets. Neither of these results is desirable. However, the avoidance of the higher external costs in market-one requires an increase in λ, and the avoidance of higher external costs in market-two requires a lower λ. Whether the optimal λ should rise or fall can not be determined, a priori. 4. The Market for Electric Utility in Ohio, USA In this section, we summarize the information that we have derived from different sources mentioned with the subheading Model Parameterization in Section 3. Since the State of Ohio is the fourth largest coal-burning state in the United States and is the largest coal burning state in the Midwest region, we chose Ohio in our model to explore the potential contributions of all power plants to CO2 emission scenarios. In the forth of 1999 quarter, 13 Ohio electricity generation was 36.92 million MWh of which 87.49 percent of overall generation was generated through coal combustion system. American Electric Power Company (AEP) has a number of power plants in many states in the United States and in few other countries. American Electric Power in Ohio (AEP-Ohio) is one of five investor-owned parent electric companies in Ohio. In Table II, the ratios of AEP -Ohio electricity generation through coal combustion from 1994 to 1999 were between 93 percent and 100 percent. Since the AEP-Ohio is the largest generating company in Ohio and is the most coal-based production system in Ohio (AEP 2000; PUCO 1992), we choose AEP-Ohio as paradigm of a coal-based generating unit to incorporate the available information in our models. Like few other companies, the AEP-Ohio provides services to residential, commercial, municipal, and other customers where they charge different rates for different group of customers. In 1999, AEP-Ohio generated MWh of 54,908,135 of electricity in which 99 percent of the electricity was generated under coal combustion (AEP, 1999). Electricity usage charges in Ohio per MWh in 1999 to residential, commercial and industrial were $ 88.43, $85.23 and $ 43.85 respectively (PUCO 2000). By contrast, the First Energy Company (FE) generated electricity mainly through the combination of nuclear power plants, steam and oil production in 1999 and its estimated usage charge per MWh was $118.89 and the estimated fixed cost was $83.69 (FE 1999). Electricity generating companies in the United States are subject to regulations concerning the effects of their operations on air and water quality, hazardous and solid waste disposal, and other environmental matters, by related Federal, State and local agencies. To deal with climate change issues, the US government introduced an Energy Policy Act in 1992. Energy Policy Act-1992, Section 1605(b) requires that U.S. electric utilities and other manufacturers record the results of voluntary measures taken by the companies to reduce, avoid, or sequester GHG emissions in essence to mitigate potential environmental impacts. Therefore, in 1998, they had adopted 1,507 projects that achieved GHG emission reductions equivalent to 212 million metric tons of CO2 (EIA 1998). In 1997, the Clinton Administration announced that it favored offering "credit for early reductions" as a means to limit future U.S. GHG emissions (EIA 1998). On July 27, 2000, a group of U.S. Senators led by Senator Sam Brownback introduced a bill entitled: Carbon Sequestration Investment Credit. The short title is Investment Tax Credit. Under this bill, the eligible projects could receive funding at a rate of $ 2.50 per verified ton of carbon stored or sequestered up to 50 percent of the total project cost. The minimum time length of these projects must be 30 years and the Implementing 14 Panel can only approve $ 200 million tax credits each year. Despite an international outcry along with domestic likely concerns for sound environmental policies, in March 2000, the Republican Administration, US President George W. Bush balked at supporting the Kyoto Protocol. The COP7 took place in 2001 in Marrakech where the United States stayed on the sidelines. Despite the US President's position into Kyoto Protocol Agreement, the Protocol has entered in its first step based on the resolution of the COP7. Under current environmental regulations, each company can use its own strategies to comply with the regulations. Since these regulations do not control the levels of CO2 emission, the generating units can easily compete in the market by minimizing the cost of electricity generation through practices that often emit huge amount of CO 2 into the atmosphere. The transmission grid systems becomes an impetus to these activities and; therefore it imposes additional emission burden on any State like Ohio where AEP-Ohio transmits surplus electricity to other state(s) after meeting their local electricity demands. The recent deregulation policy can be an incentive to their practices related to CO 2 emission if there are no specified and strict regulations related to the issues. 5. Application of the Model We begin with a benchmark case that was established from observed data and assumed parameters for the supply-demand and external cost functions. Using a procedure for determining changes in economic welfare, we calculated the optimal , then assumed different values for these parameters and calculated a series of additional values for . We found that varied widely over the assumed range of values. The Benchmark Case The model underlying the benchmark case was the same as that depicted in Figures 1 to 3. Here we have assigned values to the parameters of the linear functions. The parameters' values are incorporated below. The model can be specified as a system of 6 equations: (1) E(D) = E - δD (2) Cp = A + αD (3) Cs = C + αD (4) I = K - g(dD) - βPI (5) PI = P"I (6) ФCs = Ф Cs 15 E (D) is the demand for total electricity generation under coal combustion. Here each unit of electricity demand estimates how much the end-user is willing to pay for an additional unit of electricity usage. Cp = MPC and Cs = MSC are marginal private costs and marginal social costs respectively for electricity generation under coal combustion in market-one. Here the marginal social cost is equivalent to the sum of the marginal private costs as well as external costs in market-one. I is the demand for electricity generation in market-two. UI is the price of electricity per kWh and ФCs is the per unit value of the external cost in market-two. Solution of the model also requires the assignment of welfare weighting to the gains or losses experienced by the end-users, the generating company and the pollutees. In terms of the models developed in Section 3 of this article, we have assigned values for ω1, ω2 and ω3. The parameters in Table III are consistent with the initial prices and quantity in market-one and with assumed values for the elasticity of demand and supply for electricity generation through coal combustion. The initial prices and quantity in market-one was $72.50 per MWh and 54,908,135 MWh respectively (AEP 2000). To assess the economic welfare losses by end-users, due to a particular increase in the price of electricity, we have used residential price elasticity, ranging from -0.4 to -0.5 (PUCO 1992). Long-run price responses to the commercial and industrial customers' range were -0.9 to -1.2. (PUCO 1992). With this data, an average price response of -0.75 for end-users was chosen to incorporate in our benchmark case study. Since the externality costs associated with CO 2 emissions are excluded from the generating costs per MWh of electricity generation, we have assumed that the response of electricity generation under coal combustion is 2.0 (responsive). The crossprice elasticity (EI) for electricity generation through coal in market-two is assigned to 1.0. This means that if the cost of electricity generation under coal-fired system in market-one rises by 10 percent then the demand for electricity generation under coal-fired systems in market-two rises by 10 percent. Since the electricity transmission grid facilitates a generating company transmitting its excess electricity to other states after meeting local demands, the assumptions cognate to elasticity are palatable. Here the external costs causing harm to the third party is assigned initially to $200 per metric ton of CO2. Since Americans, in general, prefer a safe and comfortable life style at any costs; therefore, the assigned external costs should be self-defensible at least for the near future. The value for ф is assumed to be 0.20, which indicates that the one fifth of the total electricity generation through coal combustion takes place in market-two in our imaginary world. This value is derived from CAAA cognate to SO2 emission compliance policy likely CO2 emission policy in our hypothesized statutes. 16 Incorporating aforementioned values, and CO2 emission tax $2.50 per ton (Lee 2000) in supply-demand models, market-one is in equilibrium at P = $ 74.21 per MWh and demand for electricity generation under coal fired is D = 54,120,712.00 MWh. Market-two is in equilibrium, initially I = 10,824,142.40 MWh and PI = $ 40 per MWh. The first step in the determination of the optimal is to compute the hypothetical equilibrium when full liability ( = 1) is imposed on electricity generating companies that they pass on to customer in full in terms electricity prices. This is the level of total electricity generation under a coal-fired system in market-one where E (D) = Cs. Given the above parameters, this equilibrium occurred at 2,044,017.92 MWh. The simultaneous equilibrium in market-two occurred at I = 593,378.40 MWh. With these starting points, the technique for determining the optimum was to specify smaller or larger values for and then to calculate their net effects on economic welfare. To examine the direction of optimal , smaller and larger values of were tested as long as W was positive. An optimal was found when W reached zero. As is reduced, full liability shifted to a lower liability, over the range between 1 and 0, the quantity of electricity generation under coal-fired systems in market-one increased and the quantity of electricity generation under coal fired in market-two decreased. Thus, economic welfare increases due to increased for consumer and producer surpluses and there was a reduction in the deadweight losses in market-one. On the other hand, it reduced external costs in market-two (ECI). Following the same argument, however, economic welfare would fall, due to increased external costs in market-one (ECL), and to loss of consumer's surplus in market-two (CSI). With Cs = $200, PI = $40 and other given parameters values, as reported as case 1 in Table IV, the optimal = 0.92. At = -1, the generating company would face all the liability, so the net gain in CSL plus PSL would be maximized, and consumers would continue to reap gains. It would be necessary, however, to subsidize electricity producers because the price per MWh of electricity in market-one would be less than the marginal private cost (Cp). In this case, in the absence of subsidies, investing capital in other businesses becomes an incentive to the generating company. On the other hand, the subsidies required for producers are a loss to the taxpayers that exceeds the gain to the consumer. Neither scenario satisfies the Pareto optimality condition. Again, at = 1, the generating company faces the liability and passes it on to customer in full so that the net gain in PS L is maximized, and the company continues to reap 17 financial gains. It becomes appealing to the company to produce excess electricity through coal combustion and to transfer the excess supply to customers in other states where competitive markets are facilitated with transmission grids. Consequently, this may create an extra gaseous emission burden for the end-users in the state where the company's plants are located. In any case, the optimal can be negative i.e. only the generating company faces the liability; if the reduction in ECI is large enough and policy-makers prefer to prevent illegal operations related to emission issues. If there are no net gains from lowering , then it is necessary to check if should be raised above 1. With >1, the demand for electricity becomes sensitive. End-users, especially, the commercial and industrial customers may switch to other competitive price energy sources such as natural gas. Electricity generating companies may reap the economic gains. Application of these procedures in the benchmark case produced an optimal of 1.23 as was reported as case 5 in Table IV. In this case, the assumed value of Cs is very large. To implement = 1.23, it would be necessary to pay a huge subsidy or provide a tax break in some fashion to the end-users and this may creates budget deficits. On the other hand, in the absence of subsidies, the policy maneuver may stand against policy-makers. Other Cases In practice, the benchmark case would be constructed upon econometric estimates of the parameters of the demand, supply and external cost functions and the optimal estimated would be close to the true . Since our supply-demand models are developed based on hypothesized statutes, there are good reasons at this stage to question some of the values assigned to these parameters in the benchmark case. Thus, we calculated the optimal for a few more cases, characterized by different sets of parameter values. Since the optimal in the benchmark case depends on heavily upon Cs, it is necessary to look at Cs carefully. There might be different ways to look at the Cs. We chose a measure that deals with people's willingness to pay either to accept gaseous emissions or to get rid of them. In this scenario, willingness to pay for eliminating emissions is equal to the apparent risks of damage (natural environment) multiplied by the hypothetical value that people place on this damage. It is entirely possible that the risks associated with CO2 emissions are quite small. To allow for this possibility, we constructed two cases, where Cs = $200 and Cs = $100. As expected the optimal rose in these cases. = 0.92 when Cs = $ 200 and = 0.95 when Cs = $100. The new optimal = 0.95 is reported as case 2 in Table IV. 18 The next parameter that we can examine is PI. If the CO2 emissions were regulated and if the necessary data were available, then, PI could be estimated as follows PI = p (prosecution) x p(conviction if prosecuted) x present value of any expected fine, if convicted. Here p represents probability. Since CO2 emissions are not currently regulated, we assumed PI values for two different cases. In case 3, that is reported in Table IV of this section, we combined PI = $80 with a value of Cs = $200. This produced, corresponding data are in Table IV, a value for of 0.88, compared with = 0.92 when PI = $40 and Cs = $200. In other words, raising PI from $40 to $ 80 (100 percent increase) that means a strict emission regulation has a little impact on . First of all, implementation of strict regulations requires higher monitoring costs. Secondly, as electricity is an essential commodity, it may cause undesirable political maneuvers. So far, we have put same weight on all parties involved regardless of who gained or lost from the outcomes of the policy. However, the history of social policy suggests, however, that policy-makers may want to attach a higher weight to the gains and losses of lower-income individuals than to gains and losses of higher-income individuals. Examining this phenomenon closer, we developed case 4, where Cs = $200 and 3 = 2, the liability dropped by 0.12024. 6. Conclusions The results of this investigation suggest a critique of the mainstream view, in both economic theory and public policy, that: party (s) should be liable for the externality or should share the economic externality burdens that they create as results of their own acts. In the power plant case, the pivotal theme is that the generating companies produce electricity as a commodity in a cost-effective manner in order to achieve their business goals and ensure reliable and safety utility services. On the other hand, consumers use electricity to ensure their basic needs and obtain a safe and comfortable life style cost effectively. Here both parties are rational and they attempt to maximize their budgets. Relying on this prototype, it warrants a set of rules that place both parties as responsible for internalizing CO2 emission costs. Since there is no current law that directly controls CO2 emissions, we incorporate SO2 emission regulation in our model, we find that full liability of external costs is in place where both consumers and producers are involved, especially in the case of electric utilities. The 19 generating company meets the emission standards in different fashions under the CAAA and passes on the incurred costs to the end-users, in terms of compliance cost or emission fees. Under the umbrella of CAAA, each state can be authorized to implement its strategies to meet the federal requirements. The State of Ohio is no different in this way from other states. Under the Ohio Revised Code, Section 4905.31(B)(2) and (B)(3), the State of Ohio allows electricity companies to charge emission rider fees to all retail customers and it will continue to increase until the emission fees levied pursuant to 3745.111, Revised Code, is recovered. The company produces excess electricity through coal combustion and transfers it to competitive markets only after meeting local demands. Consequently, this transferable full liability law creates extra gaseous emission burdens on the local end-users. The feature of this law reflects the view that the application of full liability, in a two-party case where both consumers and producers are involved, does not follow efficiency principles in resource allocation, or fairness in the distribution of external costs. However, it results in a greater degree of abatement of CO2 emissions than intermediate liability rules. According to this model, the potential inefficiency of our assumed CO2 regulation and Pigouvian taxes is implied in all cases, where optimal liability is less than 1, but approaches to it when the weights assigned to gains or losses of victims, 3 = 1. 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