Wind energy decision carries political impact

By Washington Times


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With a tightlipped President Obama facing both a political dilemma and a critical deadline, the nations offshore wind energy industry is about to find out which way the breezes are blowing.

After nine years in the government regulatory mill, backers of the Cape Wind project off the shores of Massachusetts Cape Cod will learn by April 30 whether Mr. Obama and Interior Secretary Ken Salazar will let them proceed, with potentially farreaching consequences for the industry if the project is quashed.

Mark Rodgers, spokesman for Cape Wind developer Energy Management Inc. of Boston, said that the project is being closely watched because it is the first of its kind in the United States, with a number of other projects being eyed along the Atlantic coastline. Given the length of the regulatory approval process, it will likely be the only one built during the Obama administration.

If it doesnt get approved, it will have a big impact, said Mr. Rodgers.

Beyond being a setback for the industry, Mr. Rodgers said a rejection by the administration will be a real market signal.

Stakeholder investors will really be looking to see whats happening, he said.

Since taking office 16 months ago, Mr. Obama has made renewable energy a top priority — vowing to double the countrys output in three years, supporting wind turbines along the U.S. Outer Continental Shelf, and putting more than $800 million in the American Recovery and Reinvestment Act for such cleanenergy initiatives as solar and geothermal power.

In a move that pleased many conservative critics, the president last month gave his support to expanded offshore exploration and drilling for oil and natural gas. But Mr. Obama has yet to tip his hand on the pending Cape Wind project that would put 130 turbines in the Nantucket Sound within sight of the Cape Cod shoreline.

Cape Wind poses a particular dilemma for the administration. It was bitterly opposed by Mr. Obamas close friend and political mentor, the late Sen. Edward M. Kennedy, even though backers say the completed project could supply well more than half of the capes power needs.

White House spokesman Ben LaBolt declined to discuss Cape Winds place in the administrations renewable energy agenda, and referred questions to the office of Mr. Salazar, who had direct responsibility for approving the Cape Wind application.

Mr. Salazar has vowed to make a final decision by April 30, following a lengthy approval process marked by clashes over environmental issues and questions about the projects impact on historical and cultural landmarks. Two Cape Cod Wampanoag Indian tribes have objected to the project because, they say, it will destroy sacred rituals near the sound and disrupt underwater burial grounds.

Even putting aside the economic and ecological issues, the decision wont be an easy one for the president.

Massachusetts Gov. Deval Patrick, a Democrat and Obama ally, supports Cape Wind, even as Mr. Kennedy worked virtually right up to his death in 2009 to stop it.

The federal Advisory Council on Historic Preservation rejected the project April 2, citing Cape Winds destructive impact on the storied Kennedy family compound in Hyannisport and roughly 30 other historic districts and properties.

Sen. John Kerry, Massachusetts Democrat, has been publicly noncommittal, while newly elected Republican Sen. Scott Brown said he supports wind power in general but does not support Cape Wind.

The Nantucket Sound is a national treasure that should be protected from development, he said.

Mr. Kerry, who has a summer residence on Nantucket, has backed renewable energy efforts but has also raised concerns about Cape Wind, particularly the environmental impact of the 24squaremile project and the precedent it will set for future projects.

China and a number of European nations have been racing ahead with offshore wind energy projects as the U.S. debate has proceeded. There are at least six other major U.S. offshore wind projects in development including ones in the Northeast, the Great Lakes region and one off Texas Galveston coast that is not subject to federal review.

Advocates say the wind energy turbines could provide a new, affordable power source for Northeast states, which are already operating under mandates to have boost the percentage of their power generated from renewable sources. For example, the Delaware legislature approved standards requiring that 20 percent of the states electricity come from renewable sources by 2019.

Landbased wind farms have lower startup costs and present fewer technology and environmental challenges, which results in cheaper energy per megawatt hour. But the Northeastern U.S. in particular lacks sufficient space for major landbased developments.

Though other offshore wind projects are much further behind Cape Wind in the approval process, Princeton, N.J.based NRG Bluewater Wind has signed a 25year deal with Delmarva Power to sell the utility as much as 200 megawatts of power from an offshore wind facility off the Delaware coast.

While the industry will be watching closely the outcome of the Cape Wind process, NRG officials say, it will not be a makeorbreak moment for the offshore wind energy industry as a whole.

The wind industry is actually large and very broadbased, company President Peter Mandelstam said. Its much more than Cape Wind. All projects have forward momentum.

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N.L., Ottawa agree to shield ratepayers from Muskrat Falls cost overruns

Muskrat Falls Financing Restructuring redirects megadam benefits to ratepayers, stabilizes electricity rates, and overhauls federal provincial loan guarantees for the hydro project, addressing cost overruns flagged by the Public Utilities Board in Newfoundland and Labrador.

 

Key Points

A revised funding model shifting benefits to ratepayers to curb rate hikes linked to Muskrat Falls cost overruns.

✅ Shields ratepayers from megadam cost overruns

✅ Revises federal provincial loan guarantees

✅ Targets stable electricity rates by 2021 and beyond

 

Ottawa and Newfoundland and Labrador say they will rewrite the financial structure of the Muskrat Falls hydro project to shield ratepayers from paying for the megadam's cost overruns.

Federal Natural Resources Minister Seamus O'Regan and Premier Dwight Ball announced Monday that their two governments would scrap the financial structure agreed upon in past federal-provincial loan agreements, moving to a model that redirects benefits, such as a lump sum credit, to ratepayers.

Both politicians called the announcement, which was light on dollar figures, a major milestone in easing residents' fears that electricity rates will spike sharply, as seen with Nova Scotia's debated 14% hike, when the over-budget dam comes fully online next year.
"We are in a far better place today thanks to this comprehensive plan," Ball said.

Ball has said the issue of electricity rates is a top priority for his government, and he has pledged to keep rates near existing levels, but rate mitigation talks with Ottawa have dragged on since April.

A report by the province's Public Utilities Board released Friday forecast an "unprecedented" 75 per cent increase in average domestic rates for island residents in 2021, while Nova Scotia's regulator approved a 14% hike, and reported concerns from industrial customers about their ability to remain competitive.

Costs of the Muskrat Falls megadam on Labrador's Lower Churchill River have ballooned to more than $12.7 billion since the project was approved in 2012, according to the latest estimate of Crown corporation Nalcor Energy.

The dam is set to produce more power than the province can sell. Its existing financial structure would have left electricity ratepayers paying for Muskrat Falls to make up the difference starting in 2021, an issue both governments said Monday has been resolved with the relaunch of financing talks.

"Essentially, you won't pay this on your monthly light bills," Ball said.

But details of how the project will meet financing requirements in coming decades to make up the gap in funds are still to be worked out.

Both Ball and O'Regan criticized previous governments for sanctioning the poorly planned development and again pledged their commitment to easing the burden on residents.

"We promised we would be there to help, and we will be," O'Regan said before announcing a "relaunch" of negotiations around the project's financial structure.

He did not say how much the new setup might cost the federal government, despite earlier federal funding commitments, stressing that the new focus will be on the project's long-term sustainability. "There's no single piece of policy ... that can resolve such a large and complicated mess," O'Regan said.

The two governments also said they will work towards electrifying federal buildings to reduce an anticipated power surplus in the province.

In the short term, the federal government said it would allow for "flexibility" in upcoming cash requirements related to debt servicing, allowing deferral of payments if necessary.

Ball said that flexibility was built in to ensure the plan would still be applicable if costs continue to rise before Muskrat Falls is commissioned.

Political opponents criticized Monday's plan as lacking detail.

"What I heard talked about was an agreement that in the future, there's going to be an agreement," said Progressive Conservative Leader Ches Crosbie. "This was an occasion to reassure people that there's a plan in place to make life here affordable, and I didn't see that happen today."

Others addressed the lingering questions about the project's final cost.

Nalcor's latest financial update has remained unchanged since 2017, though the Muskrat Falls project has seen additional delays related to staffing and software issues.

Dennis Browne, the province's consumer advocate, said the switch to a cost of service model is a significant move that will benefit ratepayers, but he said it's impossible to truly restructure the project while it's a work in progress. "We need to know what the figures are, and we don't have them," he said.

 

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Switch from fossil fuels to electricity could cost $1.4 trillion, Canadian Gas Association warns

Canada Electrification Costs: report estimates $580B-$1.4T to scale renewable energy, wind, solar, and storage capacity to 2050, shifting from natural gas toward net-zero emissions and raising average household energy spending by $1,300-$3,200 annually.

 

Key Points

Projected national expense to expand renewables and electrify energy systems by 2050, impacting household energy bills.

✅ $580B-$1.4T forecast for 2020-2050 energy transition

✅ 278-422 GW wind, solar, storage capacity by 2050

✅ Household costs up $1,300-$3,200 per year on average

 

The Canadian Gas Association says building renewable electricity capacity to replace just half of Canada's current fossil fuel-generated energy, a shift with significant policy implications for grids across provinces, could increase national costs by as much as $1.4 trillion over the next 30 years.

In a report, it contends, echoing an IEA report on net-zero, that growing electricity's contribution to Canada's energy mix from its current 19 per cent to about 60 per cent, a step critical to meeting climate pledges that policymakers emphasize, will require an expansion from 141 gigawatts today to between 278 and 422 GW of renewable wind, solar and storage capacity by 2050.

It says that will increase national energy costs by between $580 billion and $1.4 trillion between 2020 and 2050, a projection consistent with recent reports of higher electricity prices in Alberta amid policy shifts, translating into an average increase in Canadian household spending of $1,300 to $3,200 per year.

The study, prepared by consulting firm ICF for the association, assumes electrification begins in 2020 and is applied in all feasible applications by 2050, with investments in the electricity system, guided by the implications of decarbonizing the grid for reliability and cost, proceeding as existing natural gas and electric end use equipment reaches normal end of life.

Association CEO Tim Egan says the numbers are "pretty daunting" and support the integration of natural gas with electric, amid Canada's race to net-zero commitments, instead of using an electric-only option as the most cost-efficient way for Canada to reach environmental policy goals.

But Keith Stewart, senior energy strategist with Greenpeace Canada, says scientists are calling for the world to get to net-zero emissions by 2050, and Canada's net-zero by 2050 target underscores that urgency to avoid "catastrophic" levels of warming, so investing in natural gas infrastructure to then shut it down seems a "very expensive option."

 

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WEC Energy Group to buy 80% stake in Illinois wind farm for $345 million

WEC Energy Blooming Grove Investment underscores Midwest renewable energy growth, with Invenergy, GE turbines, and 250 MW wind power capacity, tax credits, PPAs, and utility-scale generation supplying corporate offtakers via long-term contracts.

 

Key Points

It is WEC Energy's $345M purchase of an 80% stake in Invenergy's 250 MW Blooming Grove wind farm in Illinois.

✅ 94 GE turbines; 250 MW utility-scale wind capacity

✅ Output contracted to two multinational offtakers

✅ Eligible for 100% bonus depreciation and wind tax credits

 

WEC Energy Group, the parent company of We Energies, is buying an 80% stake in a wind farm, as seen with projects like Enel's 450 MW wind farm coming online, in McLean County, Illinois, for $345 million.

The wind farm, known as the Blooming Grove Wind Farm, is being developed by Invenergy, which recently completed the largest North American wind build with GE partners, a company based in Chicago that develops wind, solar and other power projects. WEC Energy has invested in several wind farms developed by Invenergy.

With the agreement announced Monday, WEC Energy will have invested more than $1.2 billion in wind farms in the Midwest, echoing heartland investment growth across the region. The power from the wind farms is sold to other utilities or companies, as federal initiatives like DOE wind awards continue to support innovation, and the projects are separate from the investments made by WEC Energy's regulated utilities, such as We Energies, in wind power.

The project, which will consist of 94 wind turbines from General Electric, is expected to be completed this year, similar to recent project operations in the sector, and will have a capacity of 250 megawatts, WEC said in a news release.

Affiliates of two undisclosed multinational companies akin to EDF's offshore investment activity have contracted to take all of the wind farm's output.

The investment is expected to be eligible for 100% bonus depreciation and, as wind economics help illustrate key trends, the tax credits available for wind projects, WEC Energy said.

 

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Integrating AI Data Centers into Canada's Electricity Grids

Canada AI Data Center Grid Integration aligns AI demand with renewable energy, energy storage, and grid reliability. It emphasizes transmission upgrades, liquid cooling efficiency, and policy incentives to balance economic growth with sustainable power.

 

Key Points

Linking AI data centers to Canada's grid with renewables, storage, and efficiency to ensure reliable, sustainable power.

✅ Diversify supply with wind, solar, hydro, and firm low-carbon resources

✅ Deploy grid-scale batteries to balance peaks and enhance reliability

✅ Upgrade transmission, distribution, and adopt liquid cooling efficiency

 

Artificial intelligence (AI) is revolutionizing various sectors, driving demand for data centers that support AI applications. In Canada, this surge in data center development presents both economic opportunities and challenges for the electricity grid, where utilities using AI to adapt to evolving demand dynamics. Integrating AI-focused data centers into Canada's electricity infrastructure requires strategic planning to balance economic growth with sustainable energy practices.​

Economic and Technological Incentives

Canada has been at the forefront of AI research for over three decades, establishing itself as a global leader in the field. The federal government has invested significantly in AI initiatives, with over $2 billion allocated in 2024 to maintain Canada's competitive edge and to align with a net-zero grid by 2050 target nationwide. Provincial governments are also actively courting data center investments, recognizing the economic and technological benefits these facilities bring. Data centers not only create jobs and stimulate local economies but also enhance technological infrastructure, supporting advancements in AI and related fields.​

Challenges to the Electricity Grid

However, the energy demands of AI data centers pose significant challenges to Canada's electricity grid, mirroring the power challenge for utilities seen in the U.S., as demand rises. The North American Electric Reliability Corporation (NERC) has raised concerns about the growing electricity consumption driven by AI, noting that the current power generation capacity may struggle to meet this increasing demand, while grids are increasingly exposed to harsh weather conditions that threaten reliability as well. This situation could lead to reliability issues, including potential blackouts during peak demand periods, jeopardizing both economic activities and the progress of AI initiatives.​

Strategic Integration Approaches

To effectively integrate AI data centers into Canada's electricity grids, a multifaceted approach is essential:

  1. Diversifying Energy Sources: Relying solely on traditional energy sources may not suffice to meet the heightened demands of AI data centers. Incorporating renewable energy sources, such as wind, solar, and hydroelectric power, can provide sustainable alternatives. For instance, Alberta has emerged as a proactive player in supporting AI-enabled data centers, with the TransAlta data centre agreement expected to advance this momentum, leveraging its renewable energy potential to attract such investments.
     

  2. Implementing Energy Storage Solutions: Integrating large-scale battery storage systems can help manage the intermittent nature of renewable energy. These systems store excess energy generated during low-demand periods, releasing it during peak times to stabilize the grid. In some communities, AI-driven grid upgrades complement storage deployments to optimize operations, which supports data center needs and community reliability.
     

  3. Enhancing Grid Infrastructure: Upgrading transmission and distribution networks is crucial to handle the increased load from AI data centers. Strategic investments in grid infrastructure can prevent bottlenecks and ensure efficient energy delivery, including exploration of macrogrids in Canada to improve regional transfers, supporting both existing and new data center operations.​
     

  4. Adopting Energy-Efficient Data Center Designs: Designing data centers with energy efficiency in mind can significantly reduce their power consumption. Innovations such as liquid cooling systems are being explored to manage the heat generated by high-density AI workloads, offering more efficient alternatives to traditional air cooling methods.

  5. Establishing Collaborative Policies: Collaboration among government entities, utility providers, and data center operators is vital to align energy policies with technological advancements. Developing regulatory frameworks that incentivize sustainable practices can guide the growth of AI data centers in harmony with grid capabilities.​
     

Integrating AI data centers into Canada's electricity grids presents both significant opportunities and challenges. By adopting a comprehensive strategy that includes diversifying energy sources, implementing advanced energy storage, enhancing grid infrastructure, promoting energy-efficient designs, and fostering collaborative policies, Canada can harness the benefits of AI while ensuring a reliable and sustainable energy future. This balanced approach will position Canada as a leader in both AI innovation and sustainable energy practices.

 

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Nova Scotia Premier calls on regulators to reject 14% electricity rate hike agreement

Nova Scotia Power Rate Increase Settlement faces UARB scrutiny as regulators weigh electricity rates, fuel costs, storm rider provisions, Bill 212 limits, and Muskrat Falls impacts on ratepayers and affordability for residential and industrial customers.

 

Key Points

A deal proposing 13.8% electricity hikes for 2023-2024, before the UARB, covering fuel costs, a storm rider, and Bill 212.

✅ UARB review may set different rates than the settlement

✅ Fuel cost prepayment and hedging incentives questioned

✅ Storm rider shifts climate risk onto ratepayers

 

Nova Scotia Premier Tim Houston is calling on provincial regulators to reject a settlement agreement between Nova Scotia Power and customer groups that would see electricity rates rise by nearly 14% electricity rate hike over the next two years.

"It is our shared responsibility to protect ratepayers and I can't state strongly enough how concerned I am that the agreement before you does not do that," Houston wrote in a letter to the Nova Scotia Utility and Review Board late Monday.

Houston urged the three-member panel to "set the agreement aside and reach its own conclusion on the aforementioned application."

"I do not believe, based on what I know, that the proposed agreement is in the best interest of ratepayers," he said.

The letter does not spell out what his Progressive Conservative government would do if the board accepts the settlement reached last week between Nova Scotia Power and lawyers representing residential, small business and large industrial customer classes.

Other groups also endorsed the deal, although Nova Scotia Power's biggest customer — Port Hawkesbury Paper — did not sign on.

'We're protecting the ratepayers'
Natural Resources Minister Tory Rushton said the province was not part of the negotiations leading up to the settlement.

"As a government or department we had no intel on those conversations that were taking place," he said Tuesday. "So, we saw the information the same as the public did late last week, and right now we're protecting the ratepayers of Nova Scotia, even though the province cannot order Nova Scotia Power to lower rates under current law. We want to make sure that that voice is still heard at the UARB level."

Rushton said he didn't want to presuppose what the UARB will say.

"But I think the premier's been very loud and clear and I believe I have been, too. The ratepayers are at the top of our mind. We have different tools at our [disposal] and we'll certainly do what we can and need to [do] to protect those ratepayers."


The settlement agreement
If approved by regulators, rates would rise by 6.9 per cent in 2023 and 6.9 per cent in 2024 — almost the same amount on the table when hearings before the review board ended in September.

The Houston government later intervened with legislation, known as Bill 212, that capped rates to cover non-fuel costs by 1.8 per cent. It did not cap rates to cover fuel costs or energy efficiency programs.

In a statement announcing the agreement, Nova Scotia Power president Peter Gregg claimed the settlement adhered "to the direction provided by the provincial government through Bill 212."

Consumer advocate Bill Mahody, representing residential customers, told CBC News the proposed 13.8 per cent increase was "a reasonable rate increase given the revenue requirement that was testified to at the hearing."

Settlement 'remarkably' similar to NSP application
The premier disagrees, noting that the settlement and rate application that triggered the rate cap are "remarkably consistent."

He objects to the increased amount of fuel costs rolled into rates next year before the annual true up of actual fuel costs, which are automatically passed on to ratepayers.

"If Nova Scotia Power is effectively paid in advance, what motive do they have to hedge and mitigate the adjustment eventually required," Houston asked in his letter.

He also objected to the inclusion of a storm rider in rates to cover extreme weather, which he said pushed the risk of climate change on to ratepayers.

Premier second-guesses Muskrat Falls approval
Houston also second-guessed the board for approving Nova Scotia Power's participation in the Muskrat Falls hydro project in Labrador.

"The fact that Nova Scotians have paid over $500 million for this project with minimal benefit, and no one has been held accountable, is wrong," he said. "It was this board of the day that approved the contracts and entered the final project into rates."

Ratepayers are committed to paying $1.7 billion for the Maritime Link to bring the green source of electricity into the province, while rate mitigation talks in Newfoundland lack public details for their customers.

Although the Maritime Link was built on time and on budget by an affiliated company, only a fraction of Muskrat Falls hydro has been delivered because of ongoing problems in Newfoundland, including an 18% electricity rate hike deemed unacceptable by the province's consumer advocate.

"I find it remarkable that those contracts did not include different risk sharing mechanisms; they should have had provisions for issues in oversight of project management. Nevertheless, it was approved, and is causing significant harm to ratepayers in the form of increased rates."

Houston notes that because of non-delivery from Muskrat Falls, Nova Scotia Power has been forced to buy much more expensive coal to burn to generate electricity.


Opposition reaction
Opposition parties in Nova Scotia reacted to Houston's letter.

NDP Leader Claudia Chender dismissed it as bluster.

"It exposes his Bill 212 as not really helping Nova Scotians in the way that he said it would," she said. "Nothing in the settlement agreement contravenes that bill. But it seems that he's upset that he's been found out. And so here we are with another intervention in an independent regulatory body."

Liberal Leader Zach Churchill said the government should intervene to help ratepayers directly.

"We just think that it makes more sense to do that directly by supporting ratepayers through heating assistance, lump-sum electricity credits, rebate programs and expanding the eligibility for that or to provide funding directly to ratepayers instead of intervening in the energy market in this way," he said.

The premier's office said that no one was available when asked about an interview on Tuesday.

"The letter speaks for itself," the office responded.

Nova Scotia Power issued a statement Tuesday. It did not directly address Houston's claims.

"The settlement agreement is now with the NS Utility and Review Board," the utility said.

"The UARB process is designed to ensure customers are represented with strong advocates and independent oversight. The UARB will determine whether the settlement results in just and reasonable rates and is in the public interest."

 

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Coal, Business Interests Support EPA in Legal Challenge to Affordable Clean Energy Rule

Affordable Clean Energy Rule Lawsuit pits EPA and coal industry allies against health groups over Clean Power Plan repeal, greenhouse gas emissions standards, climate change, public health, and state authority before the D.C. Circuit.

 

Key Points

A legal fight over EPA's ACE rule and CPP repeal, weighing emissions policy, state authority, climate, and public health.

✅ Challenges repeal of Clean Power Plan and adoption of ACE.

✅ EPA backed by coal, utilities; health groups seek stricter limits.

✅ D.C. Circuit to review emissions authority and state roles.

 

The largest trade association representing coal interests in the country has joined other business and electric utility groups in siding with the EPA in a lawsuit challenging the Trump administration's repeal of the Clean Power Plan.

The suit -- filed by the American Lung Association and the American Public Health Association -- seeks to force the U.S. Environmental Protection Agency to drop a new rule-making process that critics claim would allow higher levels of greenhouse gas emissions, further contributing to the climate crisis and negatively impacting public health.

The new rule, which the Trump administration calls the "Affordable Clean Energy rule" (ACE), "would replace the 2015 Clean Power Plan, which EPA has proposed to repeal because it exceeded EPA's authority. The Clean Power Plan was stayed by the U.S. Supreme Court and has never gone into effect," according to an EPA statement.

EPA has also moved to rewrite wastewater limits for coal power plants, signaling a broader rollback of related environmental requirements.

America's Power -- formerly the American Coalition for Clean Coal Electricity -- the U.S. Chamber of Commerce, the National Mining Association, and the National Rural Electric Cooperative Association have filed motions seeking to join the lawsuit. The U.S. Court of Appeals for the District of Columbia Circuit has not yet responded to the motion.

Separately, energy groups warned that President Trump and Energy Secretary Rick Perry were rushing major changes to electricity pricing that could disrupt markets.

"In this rule, the EPA has accomplished what eluded the prior administration: providing a clear, legal pathway to reduce emissions while preserving states' authority over their own grids," Hal Quinn, president and chief executive officer of the mining association, said when the new rule was released last month. "ACE replaces a proposal that was so extreme that the Supreme Court issued an unprecedented stay of the proposal, having recognized the economic havoc the mere suggestion of such overreach was causing in the nation's power grid."

Around the same time, a coal industry CEO blasted a federal agency's decision on the power grid as harmful to reliability.

The trade and business groups have argued that the Clean Power Plan, set by the Obama administration, was an overreach of federal power. Finalized in 2015, the plan was President Obama's signature policy on climate change, rooted in compliance with the Paris Climate Treaty. It would have set state limits on emissions from existing power plants but gave wide latitude for meeting goals, such as allowing plant operators to switch from coal to other electric generating sources to meet targets.

Former EPA Administrator Scott Pruitt argued that the rule exceeded federal statutory limits by imposing "outside the fence" regulations on coal-fired plants instead of regulating "inside the fence" operations that can improve efficiency.

The Clean Power Plan set a goal of reducing carbon emissions from power generators by 32 percent by the year 2030. An analysis from the Rhodium Group found that had states taken full advantage of the CPP's flexibility, emissions would have been reduced by as much as 72 million metric tons per year on average. Still, even absent federal mandates, the group noted that states are taking it upon themselves to enact emission-reducing plans based on market forces.

In its motion, America's Power argues the EPA "acknowledged that the [Best System of Emission Reduction] for a source category must be 'limited to measures that can be implemented ... by the sources themselves.'" If plants couldn't take action, compliance with the new rule would require the owners or operators to buy emission rate credits that would increase investment in electricity from gas-fired or renewable sources. The increase in operating costs plus federal efforts to shift power generation to other sources of energy, thereby increasing costs, would eventually force the coal-fired plants out of business.

In related proceedings, renewable energy advocates told FERC that a DOE proposal to subsidize coal and nuclear plants was unsupported by the record, highlighting concerns about market distortions.

"While we are confident that EPA will prevail in the courts, we also want to help EPA defend the new rule against others who prefer extreme regulation," said Michelle Bloodworth, president and CEO of America's Power.

"Extreme regulation" to one group is environmental and health protections to another, though.

Howard A. Learner, executive director of the Environmental Law & Policy Center of the Midwest, defended the Clean Power Plan in an opinion piece published in June.

"The Midwest still produces more electricity from coal plants than any other region of the country, and Midwesterners bear the full range of pollution harms to public health, the Great Lakes, and overall environmental quality," Learner wrote. "The new [Affordable Clean Energy] Rule is a misguided policy, moves our nation backward in solving climate change problems, and misses opportunities for economic growth and innovation in the global shift to renewable energy. If not reversed by the courts, as it should be, the next administration will have the challenge of doing the right thing for public health, the climate and our clean energy future."

When it initially filed its lawsuit against the Trump administration's Affordable Clean Energy Rule, the American Lung Association accused the EPA of "abdicat[ing] its legal duties and obligations to protect public health." It also referred to the new rule as "dangerous."

 

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