Hundreds to participate in power line case

By Charleston Daily Mail


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The state Public Service Commission has granted 285 county commissions, communities, companies, groups and individuals the right to participate in a case that will decide whether two utilities will be allowed to build a 280-mile electric transmission line across West Virginia.

The Barbour, Braxton, Jefferson, Lewis, Tucker and Upshur county commissions were granted permission to intervene, or participate, in the case, as were the Jefferson County Board of Education, the city of Charles Town, the Sierra Club, the West Virginia Nature Conservancy, the West Virginia State Building and Construction Trades Council, the commission's own Consumer Advocate Division, and the West Virginia Energy Users Group, which represents large industrial electricity customers.

In addition, groups in Kanawha, Putnam and 19 other counties were granted permission to intervene.

Dozens of companies and individuals were granted permission to intervene based on the fact that they are located within 10 miles of the centerline of the proposed transmission line.

American Electric Power and Allegheny Power unveiled their plan to build the $1.8 billion high-voltage electric transmission in May. The project is called the Potomac Appalachian Transmission Highline, or PATH. It would cross 14 counties and run from the John Amos power plant near Winfield to just beyond the Eastern Panhandle.

The utilities say the line is needed to bolster the nation's electrical grid.

Many of the interveners adamantly object to the proposed line.

For example, Flatwoods developer John Skidmore and his wife, Carol, said the proposed route for the power line cuts across their 250-acre farm near Rock Cave in Upshur County and within 300 to 350 feet of their home, which was built in 2008. The Skidmores said their home is worth at least $400,000.

"The proposed PATH route and power line will detrimentally affect, and cause a devaluation of, the Skidmore property," the couple said. In addition, "the proposed power line may expose Skidmore, and their family and guests, to harmful EMF (Electric and Magnetic Field) radiation." Also, "Skidmore is concerned about the environmental impacts of the PATH power line upon a substantial portion of the Skidmore property."

The Skidmores are asking the commission to either deny the PATH application or relocate the route.

Kenna Seal of Sutton also wants the commission to deny the application. Seal is a former Braxton County school superintendent and currently works for the state Department of Education.

"The proposed PATH route crosses in the middle of my farm," Seal said. "The proposed path of the line is about 1,000 feet from my house and will be visible from my back porch and lawn, creating visual pollution as well as noise pollution of hissing, buzzing, popping and crackling sounds. The line will diminish the value of the farm and destroy any crop or forest production permanently.

"The line will constitute a permanent health hazard to me and my descendents or assigns with the emission of EMF and the harmful effects of herbicide spraying for control of brush and trees," Seal said.

"The real need for the line is dubious, given the greener and more environmentally sensitive technologies. Coal-fired power plants pushing electricity to distant places is old technology from the last century that will be viewed in the future as a horrific mistake. Other renewable resources, even nuclear power plants located at the point of need would be cheaper, fairer, and more efficient.

"West Virginia and my farm are not our Northeast neighbor's keeper," Seal wrote. "This is worse than the abandoned railroad going through my farm, but represents the same type of illogical reasoning. It constitutes a new version of the exploitation of West Virginia by outside interests.Â…"

A 31-page order issued by the commission sets out a schedule for proceedings. Public comment hearing dates are yet to be decided but the commission said it expects to hold them in September and October. The deadline for the commission to issue a decision is June 21, 2010.

A status hearing is scheduled to review the current status of the case and issues described in the order. Because of the large number of people expected to attend, it is being held in the Culture Center theater.

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Is Hydrogen The Future For Power Companies?

Hydrogen Energy Transition accelerates green hydrogen, electrolyzers, renewables, and fuel cells, as the EU and US scale decarbonization, NextEra tests hydrogen-to-power, and DOE funds pilots to replace natural gas and cut CO2.

 

Key Points

A shift to deploy green hydrogen tech to decarbonize power, industry, and transport across EU and US energy systems.

✅ EU targets 40 GW electrolyzers plus 40 GW imports by 2030

✅ DOE funds pilots; NextEra trials hydrogen-to-power at Okeechobee

✅ Aims to replace natural gas, enable fuel cells, cut CO2

 

Last month, the European Union set out a comprehensive hydrogen strategy as part of its goal to achieve carbon neutrality for all its industries by 2050. The EU has an ambitious target to build out at least 40 gigawatts of electrolyzers within its borders by 2030 and also support the development of another 40 gigawatts of green hydrogen in nearby countries that can export to the region by the same date. The announcement came as little surprise, given that Europe is regarded as being far ahead of the United States in the shift to renewable energy, even as it looks to catch up on fuel cells with Asian leaders today.

But the hydrogen bug has finally arrived stateside: The U.S. Department of Energy has unveiled the H2@Scale initiative whereby a handful of companies including Cummins Inc. (NYSE: CMI), Caterpillar Inc.(NYSE: CAT), 3M Company (NYSE: MMM), Plug Power Inc.(NASDAQ: PLUG) and EV startup Nikola Corp.(NASDAQ: NKLA), even as the industry faces threats to the EV boom that investors are watching, will receive $64 million in government funding for hydrogen research projects.

Hot on the heels of the DoE initiative: American electric utility and renewable energy giant, NextEra Energy Inc.(NYSE: NEE), has unveiled an equally ambitious plan to start replacing its natural gas-powered plants with hydrogen.

During its latest earnings call, NextEra’s CFO Rebecca Kujawa said the company is “…particularly excited about the long-term potential of hydrogen” and discussed plans to start a pilot hydrogen project at one of its generating stations at Okeechobee Clean Energy Center owned by its subsidiary, Florida Power & Light (FPL). NextEra reported Q2 revenue of $4.2B (-15.5% Y/Y), which fell short of Wall Street’s consensus by $1.12B while GAAP EPS of $2.59 (+1.1% Y/Y) beat estimates by $0.09. The company attributed the big revenue slump to the effects of Covid-19.

Renewable energy and hydrogen stocks have lately become hot property as EV adoption hits an inflection point worldwide, with NEE up 16% in the year-to-date; PLUG +144%, Bloom Energy Corp. (NYSE: BE) +62.8% while Ballard Power Systems (NASDAQ: BLDP) has gained 98.2% over the timeframe.

NextEra’s usual modus operandi involves conducting small experiments with new technologies to establish their cost-effectiveness, a pragmatic approach informed by how electricity changed in 2021 across the grid, before going big if the trials are successful.

CFO Kujawa told analysts:
“Based on our ongoing analysis of the long-term potential of low-cost renewables, we remain confident as ever that wind, solar, and battery storage will be hugely disruptive to the country’s existing generation fleet, while reducing cost for customers and helping to achieve future CO2 emissions reductions. However, to achieve an emissions-free future, we believe that other technologies will be necessary, and we are particularly excited about the long-term potential of hydrogen.”

NextEra plans to test the electricity-to-hydrogen-to-electricity model at its natural gas-powered Okeechobee Clean Energy Center that came online in 2019. Okeechobee is already regarded as one of the cleanest thermal energy facilities anywhere on the globe. However, replacing natural gas with zero emissions hydrogen would be a significant step in helping the company achieve its goal to become 100% emissions-free by 2050.

Kujawa said the company plans to continue evaluating other potential hydrogen opportunities to accelerate the decarbonization of transportation fuel, amid the debate over the future of vehicles between electricity and hydrogen, and industrial feedstock and also support future demand for low-cost renewables.

Another critical milestone: NextEra finished the quarter with a renewables backlog of approximately 14,400 megawatts, its largest in its 20-year development history. To put that backlog into context, NextEra revealed that it is larger than the operating wind and solar portfolios of all but two companies in the world.

Hydrogen Bubble?
That said, not everybody is buying the hydrogen hype.

Barron’s Bill Apton says Wall Street has discovered hydrogen this year and that hydrogen stocks are a bubble, even as hybrid vehicles gain momentum in the U.S. market according to recent reports. Apton says the huge runup by Plug Power, Ballard Energy, and Bloom Energy has left them trading at more than 50x future cash flow, making it hard for them to grow into their steep valuations. He notes that smaller hydrogen companies are up against big players and deep-pocketed manufacturers, including government-backed rivals in China and the likes of Cummins.

According to Apton, it could take a decade or more before environmentally-friendly hydrogen can become competitive with natural gas on a cost-basis, while new ideas like flow battery cars also vie for attention, making hydrogen stocks better long-term picks than the cult stocks they have become.

 

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Disrupting Electricity? This Startup Is Digitizing Our Very Analog Electrical System

Solid-State AC Switching reimagines electrification with silicon-based, firmware-driven controls, smart outlets, programmable circuit breakers, AC-DC conversion, and embedded sensors for IoT, energy monitoring, surge protection, and safer, globally compatible devices.

 

Key Points

Solid-state AC switching replaces mechanical switches with silicon chips for intelligent, programmable power control.

✅ Programmable breakers trip faster and add surge and GFCI protection

✅ Shrinks AC-DC conversion, boosting efficiency and device longevity

✅ Enables sensor-rich, IoT-ready outlets with energy monitoring

 

Electricity is a paradox. On the one hand, it powers our most modern clean cars and miracles of computing like your phone and laptop. On the other hand, it’s one of the least updated, despite efforts to build a smarter electricity infrastructure nationwide, and most ready-for-disruption parts of our homes, offices, and factories.

A startup in Silicon Valley plans to change all that, in California’s energy transition where reliability is top of mind, and has just signed deals with leading global electronics manufacturers to make it happen.

“The end point of the electrification infrastructure of every building out there right now is based on old technology,” Thar Casey, CEO of Amber Solutions, told me recently on the TechFirst podcast. “Basically some was invented ... last century and some came in a little bit later on in the fifties and sixties.”

Ultimately, it’s an almost 18th century part of modern homes.

Even smart homes, with add-ons like the Tesla Powerwall, still rely on legacy switching.

The fuses, breakers, light switches, and electrical outlets in your home are ancient technology that would easily understood by Thomas Edison, who was born in 1847. When you flip a switch and instantly flood your room with light, it feels like a modern right. But you are simply pushing a piece of plastic which physically moves one wire to touch another wire. That completes a circuit, electricity flows, and ... let there be light.

Casey wants to change all that. To transform our hard-wired electrical worlds and make them, in a sense, soft wired. And the addressable market is literally tens of billions of devices.

The core innovation is a transition to solid-state switches.

“Take your table, which is a solid piece of wood,” Casey says. “If you can mimic what an electromechanical switch does, opening and closing, inside that table without any actual moving parts, that means you are now solid state AC switching.”

And solid-state is exactly what Silicon Valley is all about.

“Solid state it means it can be silicon,” Casey says. “It can be a chip, it can be smaller, it can be intelligent, you can have firmware, you can add software ... now you have a mini computer.”

That’s a significant innovation with a huge number of implications. It means that the AC to DC converters attached to every appliance you plug into the wall — the big “bricks” that are part of your power cord, for instance — can now be a tiny fraction of the size. Appliance run on DC, direct current, and the electricity in your walls is AC, alternating current; similar principles underpin advanced smart inverters in solar systems, and it needs to be converted before it’s usable, and that chunk of hardware, with electrolytics, magnetics, transformers and more, can now be replaced, saving space in thermostats, CO2 sensors, coffee machines, hair dryers, smoke detectors ... any small electric device.

(Since those components generally fail before the device does, replacing them is a double win.)

Going solid state also means that you can have dynamic input range: 45 volts all the way up to 600 volts.

So you can standardize one component across many different electric devices, and it’ll work in the U.S., it’ll work in Europe, it’ll work in Japan, and it will work whether it’s getting 100 or 120 or 220 volts.

Building it small and building it solid state has other benefits as well, Casey says, including a much better circuit breaker for power spikes as the U.S. grid faces climate change impacts today.

“This circuit breaker is programmable, it has intelligence, it has WiFi, it has Bluetooth, it has energy monitoring metering, it has surge protection, it has GFCI, and here’s the best part: we trip 3000 times faster than a mechanical circuit breaker.”

What that means is much more ambient intelligence that can be applied all throughout your home. Rather than one CO2 sensor in one location, every power outlet is now a CO2 sensor that can feed virtual power plant programs, too. And a particulate matter sensor and temperature sensor and dampness sensor and ... you name it.

Amber’s next-generation system-on-chip complete replacement for smart outlets
Amber’s next-generation system-on-chip complete replacement for smart outlets JOHN KOETSIER
“We put as many as fifteen functions ... in one single gang box in a wall,” Casey told me.

Solid state is the gift that keeps giving, because now every outlet can be surge-protected. Every outlet can have GFCI — ground fault circuit interruption — not just the ones in your bathroom. And every outlet and light switch in your home can participate in the sensor network that powers your home security system. Oh, and, if you want, Alexa or Siri or the Google Assistant too. Plus energy-efficient dimmers for all lighting appliances that don’t buzz.

So when can you buy Amber switches and outlets?

In a sense, never.

Casey says Amber isn’t trying to be a consumer-facing company and won’t bring these innovations to market themselves. This July, Amber announced a letter of intent with a global manufacturer that includes revenue, plus MOUs with six other major electronics manufacturers. Letters of intent can be a dime a dozen, as can memoranda of understanding, but attaching revenue makes it more serious and significant.

The company has only raised $6.7 million, according to Craft, and has a number of competitors, such as Blixt, which has funding from the European Union, and Atom Power, which is already shipping technology. But since Amber is not trying to be a consumer product and take its innovations to market itself, it needs much less cash to build a brand and a market. You’ll be able to buy Amber’s technology at some point; just not under the Amber name.

“We have over 25 companies that we’re in discussions with,” Casey says. “We’re going to give them a complete solution and back them up and support them toward success. Their success will be our success at the end of the day.”

Ultimately, of course, cost will be a big part of the discussion.

There are literally tens of billions of switches and outlets on the planet, and modernizing all of them won’t happen overnight. And if it’s expensive, it won’t happen quickly either, even as California turns to grid-scale batteries to ease strain.

Casey is a big cagey with costs — there are still a lot of variables, after all. But it seems it won’t cost that much more than current technology.

“This can’t be $1.50 to manufacture, at least not right now, maybe down the road,” he told me. “We’re very competitive, we feel very good. We’re talking to these partners. They recognize that what we’re bringing, it’s a cost that is cost effective.”

 

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Hydro-Quebec begins talks for $185-billion strategy to wean the province off fossil fuels

Hydro-Québec $185-Billion Clean Energy Plan accelerates hydroelectric upgrades, wind power expansion, solar and battery storage, pumped storage, and 5,000 km transmission lines to decarbonize Quebec, boost grid resilience, and attract bond financing and Indigenous partnerships.

 

Key Points

Plan to grow renewables, harden the grid, and fund Quebec's decarbonization with major investments.

✅ $110B new generation, $50B grid resilience by 2035

✅ Triple wind, add solar, batteries, and pumped storage

✅ 5,000 km lines, bond financing, Indigenous partnerships

 

Hydro-Québec is in the preliminary stages of dialogue with various financiers and potential collaborators to strategize the implementation of a $185-billion initiative aimed at transitioning Quebec away from fossil fuel dependency.

As the leading hydroelectric power producer in Canada, Hydro-Québec is set to allocate up to $110 billion by 2035 towards the development of new clean energy facilities, building on its hydropower capacity expansion in recent years, with an additional $50 billion dedicated to enhancing the resilience of its power grid, as revealed in a strategy announced last November. The remainder of the projected expenditure will cover operational costs.

This ambitious initiative has garnered significant interest from the financial sector, with the province's recent electricity for industrial projects also drawing attention, as noted by CEO Michael Sabia during a conference call with journalists where the utility's annual financial outcomes were discussed. Sabia reported receiving various proposals to fund the initiative, though specific partners were not disclosed. He expressed confidence in securing the necessary capital for the project's success.

Sabia highlighted three immediate strategies to increase power output: identifying new sites for hydroelectric projects while upgrading turbines at existing facilities, such as the Carillon Generating Station upgrade now underway for enhanced efficiency, expanding wind energy production threefold, and promoting energy conservation among consumers to optimize current power usage.

Additionally, Hydro-Québec aims to augment its solar and battery energy production and is planning to establish a pumped-storage hydroelectric plant to support peak demand periods. The utility also intends to construct 5,000 kilometers of new transmission lines, address Quebec-to-U.S. transmission constraints where feasible, and is set to double its capital expenditure to $16 billion annually, a significant increase from the investment levels during the James Bay hydropower project construction in the 1970s and 1980s.

To fund part of this expansive plan, Hydro-Québec will continue to access the bond market, having issued $3.7 billion in notes to investors last year despite facing several operational hurdles due to adverse weather conditions.

For the year 2023, Hydro-Québec reported a net income of $3.3 billion, marking a 28% decrease from the previous year's record of $4.56 billion. Factors such as insufficient snow cover, reduced spring runoff, and higher temperatures resulted in lower water levels in reservoirs, leading to a reduction in power exports and a $547-million decrease in external market sales compared to the previous year.

The utility experienced its lowest export volume in a decade but managed to leverage hedging strategies to secure 10.3 cents per kWh for exported power to markets including New Brunswick via recent NB Power agreements that expand interprovincial deliveries, nearly twice the average market rate, through forward contracts that cover up to half of its export volume for about a year in advance.

The success of Sabia's plan will partly depend on the cooperation of First Nations communities, as the proposed infrastructure developments are likely to traverse their ancestral territories. Relationships with some communities are currently tense, exemplified by the Innu of Labrador's $4-billion lawsuit against Hydro-Québec for damages related to land flooding for reservoir construction, and broader regional tensions in Newfoundland and Labrador that persist in the power sector.

Sabia has committed to involving First Nations and Inuit communities as partners in clean energy ventures, offering them ongoing financial benefits rather than one-off settlements, a principle he refers to as "economic reconciliation."

Recently, the Quebec government reached an agreement with the Innu of Pessamit, pledging $45 million to support local community development. This agreement outlines solutions for managing a nearby hydropower reservoir, such as the La Romaine complex in the region, and includes commitments for wind energy development.

Sabia is optimistic about building stronger, more positive relationships with various Indigenous communities, anticipating significant progress in the coming months and viewing this year as a potential milestone in transforming these relationships for the better.

 

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Wind turbine firms close Spanish factories as Coronavirus restrictions tighten

Spain Wind Turbine Factory Shutdowns disrupt manufacturing as Vestas, Siemens Gamesa, and Nordex halt Spanish plants amid COVID-19 lockdowns, straining supply chains and renewables projects across Europe, with partial operations and maintenance continuing.

 

Key Points

COVID-19 lockdowns pause Spanish wind factories by Vestas, Siemens Gamesa, and Nordex, disrupting supply chains.

✅ Vestas, Siemens Gamesa, Nordex halt Spanish manufacturing

✅ Service and maintenance continue under safety protocols

✅ Supply chain and project timelines face delays in Europe

 

Europe’s largest wind turbine makers on Wednesday said they had shut down more factories in Spain, a major hub for the continent’s renewables sector, in response to an almost total lockdown in the country to contain the coronavirus outbreak as the Covid-19 crisis disrupts the sector.

Denmark’s Vestas, the world No.1, has suspended production at its two Spanish plants, a spokesman told Reuters, adding that its service and maintenance business was still working. Vestas has also paused manufacturing and construction in India, which is under a nationwide lockdown too, he said, and similar disruptions could stall U.S. utility solar projects this year.

Top rival Siemens Gamesa, known for its offshore wind turbine lineup, suspended production at six Spanish factories on Monday, bringing total closures there to eight, a spokeswoman said.

Four components factories are still partially up and running, at Reinosa on the north coast, Cuenca near Madrid, Mungia and Siguiero, she added.

Germany’s Nordex, the No.8 globally which is 36% owned by Spain’s Acciona, has now shuttered all of its production in Spain, even as new projects like Enel’s 90MW build move ahead, including two nacelle casing factories in Barasoain and Vall d’Uixo, as well as a rotor blade site in Lumbier.

“Production is no longer active,” a spokeswoman said in response to a Reuters query.

The new closures take the number of idled wind power factories on the continent to 19, all in Spain and Italy, the European countries worst hit by the pandemic, with investments at risk across the sector.

Spain is second only to Italy in terms of numbers of coronavirus-related fatalities and restrictions have become even stricter in the country’s third week of lockdown at a time when renewables surpassed fossil fuels for the first time in Europe.

“Some factories have temporarily paused activity as a precautionary step to strengthen sanitary measures within the sites and guarantee full compliance with government recommendations,” industry association WindEurope said, noting that wind power grows in some markets despite the pandemic.

 

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National Grid warns of short supply of electricity over next few days

National Grid power supply warning highlights electricity shortage risks amid low wind output, generator outages, and cold weather, reducing capacity margins and grid stability; considering demand response and reserve power to avoid blackout risk.

 

Key Points

An alert that reduced capacity from low wind and outages requires actions to maintain UK grid stability.

✅ Low wind output and generator outages reduce capacity margins

✅ ESO exploring demand response and reserve generation options

✅ Aim: maintain grid stability and avoid blackout risk

 

National Grid has warned that Britain’s electricity will be in short supply over the next few days after a string of unplanned power plant outages and unusually low wind speeds this week, as cheap wind power wanes across the system.

The electricity system operator said it will take action to “make sure there is enough generation” during the cold weather spell, including virtual power plants and other demand-side measures, to prevent a second major blackout in as many years.

“Unusually low wind output coinciding with a number of generator outages means the cushion of spare capacity we operate the system with has been reduced,” the company told its Twitter followers.

“We’re exploring measures and actions to make sure there is enough generation available to increase our buffer of capacity.”

A spokeswoman for National Grid said the latest electricity supply squeeze was not expected to be as severe as recorded last month, following reports that the government’s emergency energy plan was not going ahead, and added that the company did not expect to issue an official warning in the next 24 hours.

“We’re monitoring how the situation develops,” she said.

The warning is the second from the electricity system operator in recent weeks. In mid-September the company issued an official warning to the electricity market as peak power prices climbed, that its ‘buffer’ of power reserves had fallen below 500MW and it may need to call on more power plants to help prevent a blackout. The notice was later withdrawn.

Concerns over National Grid’s electricity supplies have been relatively rare in recent years. It was forced in November 2015 to ask businesses to cut their demand as a “last resort” measure to keep the lights on after a string of coal plant breakdowns.

But since then, National Grid’s greater challenge has been an oversupply of electricity, partly due to record wind generation, which has threatened to overwhelm the grid during times of low electricity demand.

National Grid has already spent almost £1bn on extra measures to prevent blackouts over the first half of the year by paying generators to produce less electricity during the coronavirus lockdown, as daily demand fell.

The company paid wind farms to turn off, and EDF Energy to halve the nuclear generation from its Sizewell B nuclear plant, to avoid overwhelming the grid when demand for electricity fell by almost a quarter from last year.

The electricity supply squeeze comes a little over a year after National Grid left large parts of England and Wales without electricity after the biggest blackout in a decade left a million homes in the dark. National Grid blamed a lightning strike for the widespread power failure.

Similar supply strains have recently caused power cuts in China, underscoring how weather and generation mix can trigger blackouts.

 

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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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