2.3 Energy Procurement, Deregulated Markets, Supply Contracts, and Green Tariffs

Key Takeaways

  • In deregulated markets, the Local Distribution Company (LDC) maintains the grid and charges delivery rates, while third-party suppliers provide the actual energy.
  • Fixed-price contracts offer budget certainty but include supplier risk premiums and bandwidth limitations, while index contracts offer lower long-term costs but expose facilities to extreme price spikes.
  • Block and Index (hybrid) contracts blend budget stability for baseload operations with wholesale market exposure for variable consumption.
  • Facilities can meet sustainability goals by purchasing unbundled Renewable Energy Certificates (RECs) or entering into Virtual Power Purchase Agreements (VPPAs) without altering their physical power delivery.
Last updated: July 2026

2.3 Energy Procurement, Deregulated Markets, Supply Contracts, and Green Tariffs

Introduction

For much of the 20th century, electricity and natural gas were provided by vertically integrated monopoly utilities. A single entity owned the power plants (generation), the high-voltage lines (transmission), and the local wires to the facility (distribution). Customers had no choice but to accept the utility's regulated tariff rates. However, starting in the late 1990s, many regions deregulated their energy markets.

Deregulation split the energy supply chain. While transmission and distribution (the wires) remain regulated natural monopolies, generation (the actual energy molecules or electrons) was opened to competition. In deregulated markets, a Certified Energy Manager (CEM) is not restricted to standard utility tariffs; they can shop around and purchase energy from third-party competitive retail suppliers. This process is known as Energy Procurement. Mastering procurement allows facilities to lock in favorable rates, manage budget risk, and achieve sustainability goals.

The Mechanics of Deregulated Markets

In a deregulated (or restructured) market, the local utility company is usually referred to as the Local Distribution Company (LDC). The LDC still owns and maintains the poles, wires, and meters, and they still respond to power outages. They charge a regulated "delivery rate" for this service.

However, the customer can choose a Competitive Retail Energy Supplier (CRES) or an Alternative Retail Electric Supplier (ARES) to provide the actual energy. The supplier buys electricity from wholesale generators and resells it to the facility. The supplier charges a "supply rate." Often, the LDC consolidates both charges into a single monthly bill, but the charges are distinct. If a customer in a deregulated market does not choose a third-party supplier, they are placed on the LDC's default service rate (often called the Provider of Last Resort or Standard Offer Service), which is typically a variable rate reflecting wholesale market averages and is rarely the most cost-effective long-term option.

Types of Supply Contracts

When procuring energy from a third-party supplier, a CEM must evaluate different contract structures based on the facility's risk tolerance, budget certainty requirements, and market forecasts.

1. Fixed-Price Contracts

In a fixed-price contract, the supplier guarantees a single, fixed rate (e.g., $0.065/kWh) for the entire duration of the contract, which can range from 12 to 60 months.

  • Advantages: Absolute budget certainty. If wholesale energy prices spike due to extreme weather or geopolitical events, the facility is protected.
  • Disadvantages: The supplier builds a "risk premium" into the fixed price to protect themselves against market volatility. If market prices drop significantly during the contract term, the facility is locked into the higher rate and misses out on savings. Furthermore, fixed-price contracts often include "bandwidth" or "material deviation" clauses. If the facility's energy usage increases or decreases by more than a specified percentage (e.g., +/- 10%) compared to historical norms, the supplier may penalize the customer or re-price the excess usage at market rates. This makes fixed contracts risky if the facility plans major expansions or deep energy efficiency retrofits.

2. Index (Variable) Contracts

In an index contract, the price paid per kWh floats based on a transparent wholesale market index, such as a localized locational marginal price (LMP) or natural gas hub price, plus an agreed-upon adder for the supplier's margin and fees (e.g., LMP + $0.005/kWh).

  • Advantages: Historically, floating index rates often cost less over the long term because the customer is not paying the supplier's risk premium.
  • Disadvantages: Extreme budget volatility. A sudden polar vortex or fuel shortage can cause monthly bills to double or triple unexpectedly. This requires the facility to have deep cash reserves and a high tolerance for risk. However, index contracts are excellent for facilities that can execute real-time demand response, deliberately shutting down production when the index price spikes, thereby avoiding the pain of market volatility.

3. Block and Index (Hybrid) Contracts

A hybrid approach blends fixed and variable pricing. The facility purchases a "block" of power (e.g., 500 kW continuously) at a fixed price to cover its predictable baseload operations. Any consumption above that block is priced at the floating market index rate. Conversely, if consumption falls below the block, the excess fixed-price power is sold back to the grid at the index rate.

  • Advantages: Balances budget stability for core operations while allowing some participation in market dips.
  • Disadvantages: Requires detailed load forecasting and a deep understanding of the facility's load profile to size the block correctly. Some facilities use a layered purchasing strategy, buying multiple blocks of power at different times (e.g., 25% for next year, 25% the following year) to dollar-cost average their energy supply, similar to building an investment portfolio.

Green Tariffs and Renewable Procurements

As corporations face increasing pressure to meet ESG (Environmental, Social, and Governance) targets and achieve net-zero emissions, energy procurement has evolved beyond mere cost reduction. CEMs are now tasked with sourcing renewable energy.

Green Tariffs: Many regulated utilities and third-party suppliers now offer Green Tariffs. Under these programs, the facility pays a slight premium, and the supplier guarantees that an equivalent amount of electricity is generated from renewable sources (wind, solar, hydro) and injected into the grid.

Renewable Energy Certificates (RECs): The core mechanism of green energy procurement is the REC. One REC represents the environmental attributes of 1 Megawatt-hour (MWh) of renewable generation. A facility can purchase "brown power" (standard grid mix) and separately buy RECs on the open market to offset their consumption. This is called "unbundled" REC purchasing. Alternatively, "bundled" contracts include both the physical electricity and the associated RECs.

Power Purchase Agreements (PPAs): For large-scale renewable commitments, a facility might enter into a PPA. In a physical PPA, a developer builds a solar or wind farm, and the facility agrees to buy the power at a fixed rate for 15-20 years, taking physical delivery on the same grid segment. In a Virtual PPA (VPPA) or Contract for Differences, the facility does not take physical delivery of the electrons. Instead, it acts as a financial hedge: the facility agrees on a strike price with the renewable project. If the wholesale market price is lower than the strike price, the facility pays the developer the difference. If the market price is higher, the developer pays the facility the difference. Throughout the VPPA, the facility retains all the RECs generated by the project, satisfying their corporate sustainability mandates without needing to co-locate with a massive wind or solar farm.

Conclusion

Effective energy procurement requires a nuanced understanding of market structures, regulatory environments, and financial risk management. By strategically choosing between fixed, index, and hybrid supply contracts, and by integrating green tariffs and RECs into the portfolio, a Certified Energy Manager can transform energy purchasing from a passive administrative task into a competitive financial advantage for their organization.

Test Your Knowledge

In a deregulated energy market, what does the Local Distribution Company (LDC) remain responsible for?

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Test Your Knowledge

What type of supply contract allows a facility to purchase a continuous baseload of power at a guaranteed rate while floating the remainder of their consumption on the wholesale market index?

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Test Your Knowledge

What mechanism allows a facility to claim the environmental attributes of renewable energy generation, even if they purchase standard 'brown power' from the grid?

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