Florida PSC orders utilities to disclose execs' pay

By Associated Press


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Florida's two biggest electric utilities must disclose how much they pay their executives and other top employees, state utility regulators decided.

Florida Power & Light Co. immediately said it would appeal the Public Service Commission's ruling. A Progress Energy Florida spokesman said his company has not yet decided if it will take the issue to court.

The five commissioners unanimously ordered the companies to disclose the compensation of those making more than $165,000, saying that information is vital to helping them decide whether to raise customers' rates in January.

"We are the only policeman on the block," said Commissioner Nancy Argenziano, who participated by telephone. "That's crucial in determining efficiencies."

FPL, which provides power to South Florida and much of the state's east coast, wants a $1.3 billion annual increase. Progress Energy, which serves central and north Florida, is asking for $500 million.

The utilities argued compensation data should remain confidential to protect the privacy of executives and highly trained employees such as nuclear and electrical engineers and to keep other companies from using that information to hire them away. They also contended it would and help those top employees bargain for higher pay.

"There's no doubt that this is inevitably going to lead to higher costs, lower productivity, poor employee morale and employee turnover," said Progress Energy lawyer Alex Glenn.

FPL has 463 executives and employees making more than $165,000, while the number for Progress Energy is 132.

The commissioners accepted a staff recommendation saying compensation data is a public record because it is specifically excluded from a state law granting confidentiality to other proprietary business information.

Utility lawyers argued the law is unclear and cited the Florida Constitution's privacy provision, which gives people "the right to be let alone and free from governmental intrusion" into their private lives.

Argenziano, a former state senator, said the public's right to know what it's paying for trumps privacy rights.

The constitution also says the privacy provision cannot be used to limit the public's access to public records as provided by law, she pointed out. She noted other electric utilities have not requested confidentiality.

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Nine EU countries oppose electricity market reforms as fix for energy price spike

EU Electricity Market Reform Opposition highlights nine states resisting an overhaul of the wholesale power market amid gas price spikes, urging energy efficiency, interconnection targets, and EU caution rather than redesigns affecting renewables.

 

Key Points

Nine EU states reject overhauling wholesale power pricing, favoring efficiency and prudent policy over redesigns.

✅ Nine states oppose redesign of wholesale power market.

✅ Call for efficiency and 15% interconnection by 2030.

✅ Ministers to debate responses amid gas-driven price spikes.

 

Germany, Denmark, Ireland and six other European countries said on Monday they would not support a reform of the EU electricity market, ahead of an emergency meeting of energy ministers to discuss emergency measures and the recent price spike.

European gas and power prices soared to record high levels in autumn and have remained high, prompting countries including Spain and France to urge Brussels to redesign its electricity market rules.

Nine countries on Monday poured cold water on those proposals, in a joint statement that said they "cannot support any measure that conflicts with the internal gas and electricity market" such as an overhaul of the wholesale power market altogether.

"As the price spikes have global drivers, we should be very careful before interfering in the design of internal energy markets," the statement said.

"This will not be a remedy to mitigate the current rising energy prices linked to fossil fuels markets across Europe."

Austria, Germany, Denmark, Estonia, Finland, Ireland, Luxembourg, Latvia and the Netherlands signed the statement, which called instead for more measures to save energy and a target for a 15% interconnection of the EU electricity market by 2030.

European energy ministers meet tomorrow to discuss their response to the price spike, including gas price cap strategies under consideration. Most countries are using tax cuts, subsidies and other national measures to shield consumers against the impact higher gas prices are having on energy bills, but EU governments are struggling to agree on a longer term response.

Spain has led calls for a revamp of the wholesale power market in response to the price spike, amid tensions between France and Germany over reform, arguing that the system is not supporting the EU's green transition.

Under the current system, the wholesale electricity price is set by the last power plant needed to meet overall demand for power. Gas plants often set the price in this system, which Spain said was unfair as it results in cheap renewable energy being sold for the same price as costlier fossil fuel-based power.

The European Commission has said it will investigate whether the EU power market is functioning well, but that there is no evidence to suggest a different system would have better protected countries against the surge in energy costs, and that rolling back electricity prices is tougher than it appears during such spikes.

 

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PG&E says power lines may have started 2 California fires

PG&E Wildfire Blackouts highlight California power shutoffs as high winds and suspected transmission line faults trigger evacuations, CPUC investigations, and grid safety reviews, with utilities weighing risk, compliance, and resilience during Santa Ana conditions.

 

Key Points

PG&E Wildfire Blackouts are outages during wind-driven fire threats linked to power lines, spurring CPUC investigations.

✅ Wind and line faults suspected amid Lafayette evacuations

✅ CPUC to probe shutoffs, notifications, and compliance

✅ Utilities plan more outages as Santa Ana winds return

 

Pacific Gas & Electric Co. power lines may have started two wildfires over the weekend in the San Francisco Bay Area, the utility said Monday, even though widespread blackouts were in place to prevent downed lines from starting fires during dangerously windy weather.

The fires described in PG&E reports to state regulators match blazes that destroyed a tennis club and forced evacuations in Lafayette, about 20 miles (32 kilometres) east of San Francisco.

The fires began in a section of town where PG&E had opted to keep the lights on. The sites were not designated as a high fire risk, the company said.

Powerful winds were driving multiple fires across California and forcing power shut-offs intended to prevent blazes, even as electricity prices are soaring across the state as well.

More than 900,000 power customers -- an estimated 2.5 million people -- were in the dark at the height of the latest planned blackout, nearly all of them in PG&E's territory in Northern and central California. By Monday evening a little less than half of those had their service back. But some 1.5 million people in 29 counties will be hit with more shut-offs starting Tuesday because another round of strong winds is expected, a reminder of grid stress during heat waves that test capacity, the utility said.

Southern California Edison had cut off power to 25,000 customers and warned that it was considering disconnecting about 350,000 more as power supply lapses and Santa Ana winds return midweek.

PG&E is under severe financial pressure after its equipment was blamed for a series of destructive wildfires and its 2018 Camp Fire guilty plea compounded liabilities during the past three years. Its stock dropped 24% Monday to close at $3.80 and was down more than 50% since Thursday.

The company reported last week that a transmission tower may have caused a Sonoma County fire that has forced 156,000 people to evacuate.

PG&E told the California Public Utilities Commission that a worker responded to a fire in Lafayette late Sunday afternoon and was told firefighters believed contact between a power line and a communication line may have caused it.

A worker went to another fire about an hour later and saw a fallen pole and transformer. Contra Costa Fire Department personnel on site told the worker they were looking at the transformer as a potential ignition source, a company official wrote.

Separately, the company told regulators that it had failed to notify 23,000 customers, including 500 with medical conditions, before shutting off their power earlier this month during windy weather.

Before a planned blackout, power companies are required to notify customers and take extra care to get in touch with those with medical problems who may not be able to handle extended periods without air conditioning or may need power to run medical devices.

PG&E said some customers had no contact information on file. Others were incorrectly thought to be getting electricity.

After that outage, workers discovered 43 cases of wind-related damage to power lines, transformers and other equipment.

Jennifer Robison, a PG&E spokeswoman, said the company is working with independent living centres to determine how best to serve people with disabilities.

The company faced a growing backlash from regulators and lawmakers, and a judge's order on wildfire risk spending added pressure as well.

U.S. Rep. Josh Harder, a Democrat from Modesto, said he plans to introduce legislation that would raise PG&E's taxes if it pays bonuses to executives while engaging in blackouts.

The Public Utilities Commission plans to open a formal investigation into the blackouts and the broader climate policy debate surrounding reliability within the next month, allowing regulators to gather evidence and question utility officials. If rules are found to be broken, they can impose fines up to $100,000 per violation per day, said Terrie Prosper, a spokeswoman for the commission.

The commission said Monday it also plans to review the rules governing blackouts, will look to prevent utilities from charging customers when the power is off and will convene experts to find grid improvements that might lessen blackouts during next year's fire season, as debates over rate stability in 2025 continue across PG&E's service area.

The state can't continue experiencing such widespread blackouts, "nor should Californians be subject to the poor execution that PG&E in particular has exhibited," Marybel Batjer, president of the California Public Utilities Commission, said in a statement.

 

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Calgary electricity retailer urges government to scrap overhaul of power market

Alberta Capacity Market Overhaul faces scrutiny over electricity costs, reliability targets, investor certainty, and AESO design, as UCP reviews NDP reforms, renewables integration, and deregulated energy-only alternatives impacting generators, ratepayers, and future power price volatility.

 

Key Points

A shift paying generators for capacity and energy to improve reliability; critics warn of higher electricity costs.

✅ UCP reviewing NDP plan and subsidies amid market uncertainty

✅ AESO cites reliability needs as coal retires, renewables grow

✅ Critics predict overprocurement and premature launch cost spikes

 

Jason Kenney's government is facing renewed pressure to cancel a massive overhaul of Alberta's power market that one player says will needlessly spike costs by hundreds of millions of dollars, amid an electricity sector in profound change today.

Nick Clark, who owns the Calgary-based electricity retailer Spot Power, has sent the Alberta government an open letter urging it to walk away from the electricity market changes proposed by the former NDP government.

"How can you encourage new industry to open up when one of their raw material costs will increase so dramatically?" Clark said. "The capacity market will add more costs to the consumer and it will be a spiral downwards."

But NDP Leader Rachel Notley, whose government ushered in the changes, said fears over dramatic cost increases are unfounded.

"There are some players within the current electricity regime who have a vested interest in maintaining the current situation," Notley said

Kenney's UCP vowed during the recent election to review the current and proposed electricity market options, as the electricity market heads for a reshuffle, with plans to report on its findings within 90 days.

The party also promised to scrap subsidies for renewable power, while ensuring "a market-based electricity system" that emphasizes competition in Alberta's electricity market for consumers.

The New Democrats had opted to scrap the current deregulated power market — in place since the Klein era — after phasing out coal-fired generation and ushering in new renewable power as part of changes in how Alberta produces and pays for electricity under their climate change strategy.

The Alberta Electric System Operator, which oversees the grid, says the province will need new sources of electricity to replace shuttered coal plants and backstop wind and solar generators, while meeting new consumer demand.

After consulting with power companies and investors, the AESO concluded in late 2016 the electricity market couldn't attract enough investment to build the needed power generation under the current model.

The AESO said at the time investors were concerned their revenues would be uncertain once new plants are running. It recommended what's known as a capacity market, which compensates power generators for having the ability to produce electricity, even when they're not producing it.

In other words, producers would collect revenue for selling electricity into the grid and, separately, for having the capacity to produce power as a backstop, ensuring the lights stay on. Power generators would use this second source of income to help cover plant construction costs.

Clark said the complex system introduces unnecessary costs, which he believes would hurt consumers in the end. He said what's preventing investment in the power market is uncertainty over how the market will be structured in the future.

"What investors need to see in this market is price certainty, regulatory ease, and where the money they're putting into the marketplace is not at risk," he said.

"They can risk their own money, but if in fact the government comes in and changes the policy as it was doing, then money stayed away from the province."

Notley said a capacity market would not increase power bills but would avoid big price swings, with protections like a consumer price cap on power bills also debated, while bringing greener sources of energy into Alberta's grid.

"Moving back to the [deregulated] energy-only market would make a lot of money for a few people, and put consumers, both industrial and residential, at great risk."

Clark disagrees, citing Enmax's recent submissions to the Alberta Utilities Commission, in which the utility argues the proposed design of the capacity market is flawed.

In its submissions to the commission, which is considering the future of Alberta's power market, Enmax says the proposed system would overestimate the amount of generation capacity the province will need in the future. It says the calculation could result in Alberta procuring too much capacity.

The City of Calgary-owned utility says this could drive up costs by anywhere from $147 million to $849 million a year. It says a more conservative calculation of future electricity demand could avoid the extra expense.

An analysis by a Calgary energy consulting firm suggests a different feature of the proposed power market overhaul could also lead to a massive spike in costs.

EDC Associates, hired by the Consumers' Coalition of Alberta, argues the proposal to launch the new system in November 2021 may be premature, because it could bring in additional supplies of electricity before they're needed.

The consultant's report, also filed with the Alberta Utilities Commission, estimates the early launch date could require customers to pay 40 per cent more for electricity amid rising electricity prices in the province — potentially an extra $1.4 billion — in 2021/22.

"The target implementation date is politically driven by the previous government," said Duane Reid-Carlson, president of EDC Associates.

Reid-Carlson recommends delaying the launch date by several years and making another tweak: reducing the proposed target for system reliability, which would scale back the amount of power generation needed to backstop renewable sources.

"You could get a result in the capacity market that would give a similar cost to consumers that the [deregulated] energy-only market design would have done otherwise," he said.

"You could have a better risk profile associated with the capacity market that would serve consumers better through lower cost, lower price volatility, and it would serve generators better by giving them better access to capital at lower costs."

The UCP government did not respond to a request for comment.

 

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Energy minister unveils Ontario's plan to address growing energy needs

Powering Ontario's Growth accelerates clean electricity, pairing solar, wind, and hydro with energy storage, efficiency investments, and new nuclear, including SMRs, to meet rising demand and net-zero goals while addressing supply planning across the province.

 

Key Points

Ontario's clean energy plan adds renewables, storage, efficiency, and nuclear to meet rising electricity demand.

✅ Over $1B for energy-efficiency programs through 2030+

✅ Largest clean power procurement in Canadian history

✅ Mix of solar, wind, hydro, storage, nuclear, and SMRs

 

Energy Minister Todd Smith has announced a new plan that outlines the actions the government is taking to address the province's growing demand for electricity.

The government is investing over a billion dollars in "energy-efficiency programs" through 2030 and beyond, Smith said in Windsor.

Experts at Ontario's Independent Electricity System recommended the planning start early to meet demand they predict will require the province to be able to generate 88,000 megawatts (MW) in 20 years.

"That means all of our current supply ... would need to double to meet the anticipated demand by 2050," he said during the announcement.

"While we may not need to start building today, government and those in the energy sector need to start planning immediately, so we have new clean, zero emissions projects ready to go when we need them."

The project is called Powering Ontario's Growth and will advance new clean energy generation from a number of sources, including solar, hydroelectric and wind.

He said this would be the biggest acquisition of clean energy in Canada's history.

Smith made the announcement at Hydro One's Keith Transmission Station.

He said the new planned procurement of green power will pair well with recent energy storage procurements, so that power generated by solar panels, for example, can be stored and injected into the system when needed.

NDP Opposition Leader Marit Stiles said Monday's announcement lacks specifics.

"It's light on details, including key questions of cost, climate impact, waste management and financial risk," said Stiles.

"Ford's Conservatives should be playing catch-up after undermining clean energy in their first term. Instead, they're offering generalities and a vague sense of what they might do."

The Green Party criticized the move Monday afternoon, noting that clean, affordable electricity remains a key Ontario election issue today.

"Ontario is facing an energy crunch – and the Ford government is making it worse by choosing more expensive, dirtier options," said MPP for Guelph Mike Schreiner in the statement.

He said Premier Doug Ford has "grossly" mismanaged the province's energy supply by cancelling 750 renewable energy projects and slashing efficiency programs.

"Now, faced with an opportunity to become a leader in a world that's rapidly embracing renewable energy, this government has chosen to funnel taxpayer dollars into polluting fossil gas plants and expensive new nuclear that will take decades to come online," said Schreiner.

Smith announced last week the plan for three more small modular reactors at the site of the Darlington nuclear power plant. The province also shared its intention to add a third nuclear generating station to Bruce Power near Kincardine. 

"With this backwards approach, the Ford government is squandering a once-in-a-generation opportunity to make Ontario a global leader in attracting investment dollars and creating better jobs in the trillion-dollar clean energy sector," said Schreiner.

 

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Covid-19 crisis hits solar and wind energy industry

COVID-19 Impact on US Renewable Energy disrupts solar and wind projects, dries up tax equity financing, strains supply chains, delays construction, and slows jobs growth amid limited federal stimulus and uncertain investor appetite.

 

Key Points

COVID-19 has slowed US clean energy growth by curbing tax equity, disrupting supply chains, and delaying projects.

✅ Tax equity dries up as investor profits fall

✅ Supply chain and construction face pandemic delays

✅ Policy aid and credit extensions sought by industry

 

Swinerton Renewable Energy had everything it needed to build a promising new solar farm in Texas. It lined up more than 2,000 acres for the $109 million project estimated to generate 400 jobs while under construction. By its completion date, the solar farm was expected to produce 200 megawatts of energy — enough to power about 25,000 homes — and generate big tax breaks for its investors as part of a government program to incentivize clean energy.

But the coronavirus pandemic put everything on hold. The solar farm’s backers aren’t sure they will make enough money from other investments during the pandemic-fueled downturn for those tax breaks to be worth it. So the project has been delayed at least six months.

“This is not a shortage of materials. It is not a pricing issue,” said George Hershman, president of Swinerton Renewable Energy. “Everything was pointing to successful projects.”

The coronavirus crisis is not only battering the oil and gas industry. It’s drying up capital and disrupting supply chains for businesses trying to move the country toward cleaner sources of energy.

While President Trump has promised lifelines for airlines and oil companies struggling with a drastic decrease in demand as Americans remain under stay-at-home orders, there is little focus in Washington on economic relief for this sector, despite a power coalition's call for action to address the pandemic — unlike during the Great Recession a decade ago, when Congress and the Obama administration earmarked an unprecedented sum for renewable energy and more efficient automobiles in a stimulus bill.

“We don’t want to lose our great oil companies,” Trump said during an April 1 news briefing. He so far has not made a similar promise to help wind and solar firms, and none of the four economic rescue and stimulus packages that Congress has passed to respond to the coronavirus crisis set aside any money for renewable energy specifically.

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The impact of the crisis is already clear: About 106,000 clean-energy workers have already filed for unemployment in March alone, according to an analysis of Bureau of Labor Statistics data by Environmental Entrepreneurs, an advocacy group.

The layoffs are a blow to a sector that has prided itself on official projections that solar installers and wind turbine technicians would be the two fastest growing occupations over the next decade.

The job losses include not just wind and solar construction workers, but also those assembling electric cars and installing energy-efficient appliances, lighting, heating and air conditioning.

“These aren’t left-wing coastal hippies,” said Bob Keefe, executive director of Environmental Entrepreneurs. “These are construction workers who get up every day and lace up their boots and pull on their gloves and go to work putting insulation in our attics.”

Despite the economic turmoil, climate experts say the coronavirus pandemic could be an opportunity to make drastic shifts in the energy landscape, with green investments potentially driving a robust recovery. They say governments around the world should help fund renewable energy and use the turmoil in energy markets to remake the industry and slash carbon dioxide emissions, which will tumble 8 percent this year, according to the International Energy Agency.

The agency said that while global energy demand fell 3.8 percent in the first quarter, renewables were the only source to post an increase in demand, rising 1.5 percent thanks to new renewable power plants, low operating costs and priority on some electricity grids.

But many investors, who rely on a broad mix of investments, are spooked. “Everything is quiet because people want to see where we land with the current crisis, and people are holding on to cash,” said Daniel Klier, the global head of sustainable finance at HSBC bank. “As soon as people have a bit of confidence that the market is recovering, they can get projects going.”

Social distancing and the country’s stay-at-home orders are also having a deep effect on daily operations. The areas hardest hit are installing solar panels on rooftops and adding energy-efficiency measures inside homes — work that often requires face-to-face interactions. Sungevity, once one of the nation’s leading solar-installation companies, laid off 377 workers, most of its workforce, in late March, according to filings with California’s Employment Development Department. The company, which had emerged from a 2017 bankruptcy, cited economic conditions.

The push to promote a more fuel-efficient automobile fleet has also veered off track. The electric car maker Tesla was forced to shut down its factory in Fremont, Calif., just as it was turning up production on its new crossover vehicle, the Model Y.

Lockdown orders across the country led Tesla’s outspoken chief executive, Elon Musk, to launch into an expletive-laden rant during an earnings call last week in which Tesla posted a lukewarm profit of $16 million.

“To say that they cannot leave their house and they will be arrested if they do,” Musk said, “this is fascist.”

Sungevity and Tesla represent only a sliver of the economic pain in this sector across the country. The Solar Energy Industries Association had anticipated a growth in solar jobs, from 250,000 to 300,000, over the course of the year, said the group’s president, Abigail Ross Hopper. Now, she said, half the workforce is at risk.

“Shelter in place puts limitations on how people can work,” she said. “Literally, people don’t want other people inside their houses to fix electrical boxes. And there are no door-to-door sales.”

Bigger projects are also grappling with the pandemic economy, though not as severely. Hopper said the industry was geared up to increase the number of new solar farms, in part to take advantage of federal tax credits. “We were on track to do almost 20 gigawatts, which would have been the highest year yet,” Hopper said. That would have been enough to power about 3.7 million homes. Now she expects new projects will come closer to last year’s 13.27 gigawatts’ worth of new construction, after a report on utility-scale solar delays warned of widespread slowdowns, enough to run approximately 2.5 million homes.

Wind energy companies, too, are bracing for lost progress unless the federal government steps in. The American Wind Energy Association said projects that would add 25 gigawatts of wind power to the U.S. grid are at risk of being scaled back or canceled outright over the next two years because of the pandemic. Altogether, that work represents about 35,000 jobs.

“2019 was a good year for the wind industry,” said Tom Kiernan, the association’s chief executive. “We were expecting 2020 to be an even stronger year.”

One project put on the back burner: an enormous 9 gigawatt offshore wind venture led by the New York State Energy Research and Development Authority set to be completed by 2035.

With New York City besieged by coronavirus cases, the authority said it would comply with an executive order from Gov. Andrew M. Cuomo (D), “pausing” all on-site work on clean-energy projects until at least May 15. Michigan, New Jersey and Pennsylvania also delayed wind turbine projects by deeming construction on them nonessential.

The Danish offshore wind firm Orsted said that plans for offshore U.S. wind installations would move “at a slower pace than originally expected due to a combination of the Bureau of Ocean Energy Management’s prolonged analysis of the cumulative impacts from the build-out of US offshore wind projects, and now also COVID-19 effects.” The company told investors it expects delays on projects off the coasts of New York, New Jersey and Rhode Island totaling almost 3 gigawatts.

The supply chains have also taken a hit during the pandemic: Even if contractors can get the money to erect wind turbines or lay solar arrays, that doesn’t mean they will have the parts. At least two factories that make wind turbine parts — one in North Dakota and another in Iowa — were forced to pause production because of coronavirus outbreaks. Factory shutdowns in China have constrained solar supplies, too.

The key reason for delaying most big solar and wind projects is the use of tax credits known as “tax equity.” These allow investors, such as banks, to use the credits to directly offset their overall tax burdens. But if an investor doesn’t have enough profit to offset the credits, the tax equity could become worthless.

“If your profitability is going down, you don’t have the same appetite,” Hopper said.

Solar and wind industry leaders are pressing Congress and the Trump administration to extend the eligibility period for tax credits that are due to expire, with senators urging support for clean energy in relief packages, and to make the tax credits refundable, meaning the government would issue a check to investors who do not have enough profit to justify their investments.

Currently, big wind turbines get a 1.5 cents per kilowatt hour tax credit if construction begins before the end of this year. Tax credits for residential renewable energy — solar panels and small wind — phase out by the end of 2021, and debate over a potential solar ITC extension continues to shape expectations in the wind market.

The lack of attention to renewables in Congress’s relief efforts so far is in stark contrast to 2009, when the United States spent $112 billion to boost “green” energy, according to the World Resources Institute. The government’s package then provided a mixture of grants and loans for a variety of renewable energy ventures — including a $465 million loan Tesla used to get its Fremont factory off the ground.

This year, a handful of clean-energy firms, including a Connecticut-based manufacturer of fuel cells and an Ohio-based maker of energy-efficient lighting systems, took money from a federal small-business lending program, before funds ran dry in the middle of last month. Broadwind Energy, a maker of steel wind energy towers based outside Chicago, received $9.5 million in small-business loans, one of the biggest totals in the program.

So far, the Trump administration has shown far more eagerness to help American petroleum producers that the president said were “ravaged” by a sharp drop in energy demand. Last month, Trump met with oil executives at the White House, and Energy Secretary Dan Brouillette has floated the idea of bridge loans for struggling oil firms.

During negotiations for the last relief package, congressional Democrats tried to strike a deal to refill the nation’s Strategic Petroleum Reserve in exchange for extending the clean-energy incentives, but Senate Majority Leader Mitch McConnell (R-Ky.) rebuffed those calls.

“Democrats won’t let us fund hospitals or save small businesses unless they get to dust off the Green New Deal,” McConnell said in March.

Already, Democrats are signaling they will make a push again in the next round of stimulus spending.

“Relief and recovery legislation will shape our society for years to come,” said Rep. A. Donald McEachin (D-Va.), vice chair of the House Sustainable Energy and Environment Coalition, a caucus that supports renewable energy resources. “We must use these bills to build in a climate-smart way.”

But it remains unclear how much appetite the GOP will have for a deal. “I just don’t know how to handicap that at this point,” said Grant Carlisle, an analyst at the Natural Resources Defense Council, a major environmental group.

Kiernan, the head of the American Wind Energy Association, said his group has “gotten a very good reception with the administration and with the Hill” when it comes to coronavirus relief, but he declined to go into specifics.

In other parts of the world, governments have been providing support for renewables. The European Union has its own Green New Deal, and China is expected to support wind and solar to get the economy moving more quickly.

Some energy analysts note that big oil companies don’t have to wait for government stimulus. The price of oil is so low that they would be better off investing in wind and solar, they say.

“For all these oil companies, the returns on these renewable projects are better than what they can do in the oil and gas industry,” said Sarah Ladislaw, director of the energy program at the Center for Strategic and International Studies. “Now is a good time to do that and tell their investors.”

This fits in with their broader goals, analysts contend. After all, Royal Dutch Shell recently matched BP’s earlier promise to aim to be net-zero for carbon emissions by 2050.

Shell’s chief executive Ben van Beurden has said the company would try to protect its low-carbon Integrated Gas and New Energies division from the largest spending cuts as it sought to weather the pandemic. “We must maintain focus on the long term,” he said in a video message. “Society expects nothing less.”

 

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Trump unveils landmark rewrite of NEPA rules

Trump NEPA Overhaul streamlines environmental reviews, tightening 'reasonably foreseeable' effects, curbing cumulative impacts, codifying CEQ greenhouse gas guidance, expediting permits for pipelines, highways, and wind projects with two-year EIS limits and one lead agency.

 

Key Points

Trump NEPA Overhaul streamlines reviews, trims cumulative impacts, keeps GHG analysis for foreseeable effects.

✅ Limits cumulative and indirect impacts; emphasizes foreseeable effects

✅ Caps EIS at two years; one-year environmental assessments

✅ One lead agency; narrower NEPA triggers for low federal funding

 

President Trump has announced plans for overhauling rules surrounding the nation’s bedrock environmental law, and administration officials refuted claims they were downplaying greenhouse gas emissions, as the administration also pursues replacement power plant rules in related areas.

The president, during remarks at the White House with supporters and Cabinet officials, said he wanted to fix the nation’s “regulatory nightmare” through new guidelines for implementing the National Environmental Policy Act.

“America is a nation of builders,” he said. But it takes too long to get a permit, and that’s “big government at its absolute worst.”

The president said, “We’re maintaining America’s world-class standards of environmental protection.” He added, “We’re going to have very strong regulation, but it’s going to go very quickly.”

NEPA says the federal government must consider alternatives to major projects like oil pipelines, highways and bridges that could inflict environmental harm. The law also gives communities input.

The Council on Environmental Quality has not updated the implementing rules in decades, and both energy companies and environmentalists want them reworked, even as some industry groups warned against rushing electricity pricing changes under related policy debates.

But they patently disagree on how to change the rules.

A central fight surrounds whether the government considers climate change concerns when analyzing a project.

Environmentalists want agencies to look more at “cumulative” or “indirect” impacts of projects. The Trump plan shuts the door on that.

“Analysis of cumulative effects is not required,” the plan states, adding that CEQ “proposes to make amendments to simplify the definition of effects by consolidating the definition into a single paragraph.”

CEQ Chairwoman Mary Neumayr told reporters during a conference call that definitions in the current rules were the “subject of confusion.”

The proposed changes, she said, do in fact eliminate the terms “cumulative” and “indirect,” in favor of more simplified language.

Effects must be “reasonably foreseeable” and require a “reasonably close causal relationship” to the proposed action, she added. “It does not exclude considerations of greenhouse gas emissions,” she said, pointing to parallel EPA proposals for new pollution limits on coal and gas power plants as context.

Last summer, CEQ issued proposed guidance on greenhouse gas reviews in project permitting. The nonbinding document gave agencies broad authority when considering emissions (Greenwire, June 21, 2019).

Environmentalists scoffed and said the proposed guidance failed to incorporate the latest climate science and look at how projects could be more resilient in the face of severe weather and sea-level rise.

The proposed NEPA rules released today include provisions to codify the proposed guidance, which has also been years in the making.

Other provisions

Senior administration officials sought to downplay the effect of the proposed NEPA rules by noting the underlying statute will remain the same.

“If it required NEPA yesterday, it will require NEPA under the new proposal,” an official said when asked how the changes might apply to pipelines like Keystone XL.

And yet the proposed changes could alter the “threshold consideration” that triggers NEPA review. The proposal would exclude projects with minimal federal funding or “participation.”

The Trump plan also proposes restricting an environmental impact statement to two years and an environmental assessment to one.

Neumayr said the average EIS takes 4 ½ years and in some cases longer. Democrats have disputed those timelines. Further, just 1% of all federal actions require an EIS, they argue.

The proposal would also require one agency to take the lead on permitting and require agency officials to “timely resolve disputes that may result in delays.”

In general, the plan calls for environmental documents to be “concise” and “serve their purpose of informing decision makers.”

Both Interior Secretary David Bernhardt and EPA Administrator Andrew Wheeler, whose agency moved to rewrite coal power plant wastewater limits in separate actions, were at the White House for the announcement.

Reaction

An onslaught of critics have said changes to NEPA rules could be the administration’s most far-reaching environmental rollback, and state attorneys general have mounted a legal challenge to related energy actions as well.

The League of Conservation Voters declared the administration was again trying to “sell out the health and well-being of our children and families to corporate polluters.”

On Capitol Hill, House Speaker Nancy Pelosi (D-Calif.) said during a news conference the administration would “no longer enforce NEPA.”

“This means more polluters will be right there, next to the water supply of our children,” she said. “That’s a public health issue. Their denial of climate, they are going to not use the climate issue as anything to do with environmental decisionmaking.”

Sen. Sheldon Whitehouse (D-R.I.) echoed the sentiment, saying he didn’t need any more proof that the fossil fuel industry had hardwired the Trump administration “but we got it anyway.”

Energy companies, including firms focused on renewable energy development, are welcoming the “clarity” of the proposed NEPA rules, even as debates continue over a clean electricity standard in federal climate policy.

“The lack of clarity in the existing NEPA regulations has led courts to fill the gaps, spurring costly litigation across the sector, and has led to unclear expectations, which has caused significant and unnecessary delays for infrastructure projects across the country,” the Interstate Natural Gas Association of America said in a statement.

Last night, the American Wind Energy Association said NEPA rules have caused “unreasonable and unnecessary costs and long project delays” for land-based and offshore wind energy and transmission development.

Trump has famously attacked the wind energy industry for decades, dating back to his opposition to a Scottish wind turbine near his golf course.

The president today said he won’t stop until “gleaming new infrastructure has made America the envy of the world again.”

When asked whether he thought climate change was a “hoax,” as he once tweeted, he said no. “Nothing’s a hoax about that,” he said.

The president said there’s a book about climate he’s planning to read. He said, “It’s a very serious subject.”

 

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