Coal Companies Say Railroad Monopoly Is Driving Up Electric Bills Nationwide

By Courthouse News Service


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Two major railroads profited from deregulation by fixing freight prices for coal and other goods, driving up consumers' electric bills and imposing "broad adverse effects on the national economy," coal and petroleum coke mines say in a federal antitrust complaint.

Oxbow Mining claims that Union Pacific and BNSF Railway colluded with nonparties CSX Transportation and Norfolk Southern Railway to take advantage of a deregulated railroad industry and fix prices for freight.

"Between July 2003 and June 2007, the defendants increased their market capitalization from approximately $40 billion to approximately $105 billion, or an increase of about 160 percent," the complaint states.

Congress deregulated the railroads in 1980 with the intention of introducing competition, but Oxbow says the railroads have "abused the freedoms granted them by deregulation in a number of ways."

One way is through a price-gouging fuel surcharge that is unrelated to actual fuel costs, Oxbow says.

"That surcharge yielded enormous revenues to the Railroads, far in excess of the actual costs for fuel incurred by the Railroads. UP boasted to its shareholders that its revenues from this surcharge were over $1 billion in 2005," according to the complaint.

As a direct purchaser of rail freight services, Oxbow says it has paid more than $30 million in wrongfully imposed fuel surcharges. All six named plaintiffs are Oxbow entities, or operate out of Oxbow's West Palm Beach address.

Oxbow says the defendants also collude to raise prices by controlling where coal is shipped and the route by which it's sent. This drives up the cost of coal and "causes the public to pay inflated prices for electricity and other products," according to the complaint.

Before deregulation, freight rates had to be published in tariffs filed with the Interstate Commerce Commission. The 1980 Staggers Act deregulated the industry, which allowed railroad companies to establish contracts without review by the Commission.

Congress replaced the ICC in 1995 with the Surface Transportation Board, which Oxbow says had even more restricted powers to oversee shipping rates.

Only seven Class I railroads operate in the United States today, and Union Pacific and BNSF, along with CSX and Norfolk Southern Railroad, control the "vast majority" of freight shipments, Oxbow says.

"UP has arrogantly boasted of its monopoly, of its control of shippers and other customers, and of its billions of dollars of excessive profits," Oxbow claims.

United Pacific and BNSF have unjustly profited by the fact that shipping coal by trucks or barges are not economically feasible options, Oxbow says.

"UP's monopoly power in rail shipment and rail shipment of coal in the Western United States is evidenced by its market shares in excess of 70 percent in the Western United States and close to 100 percent in the Western United States in conjunction with BNSF," the complaint states.

Oxbow says that when it ships coal from, for example, the Powder River Basin of Montana and Wyoming, it must choose between United Pacific and BNSF. And it says that United Pacific won't ship Oxbow coal west, so the company does not compete with BSNF customers.

"As a result of defendants' anticompetitive conduct, the defendants received increased profits that were not attributable to any changes in their costs. In fact, by 2008, UP's average revenue per carload had 54.5 percent over what it was in 2004 and its overall revenues for coal shipments from Colorado/Utah increased [by] over $300 million during that period," Oxbow claims.

Oxbow seeks treble damages for violations of the Sherman Act.

Its lead counsel is John Gerstein with Troutman Sanders. Boies, Schiller and Flexner is co-counsel.

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China to build 2,000-MW Lawa hydropower station on Jinsha River

Lawa Hydropower Station approved on the Jinsha River, a Yangtze tributary, delivers 2,000 MW via four units; 784 ft dam, 12 sq mi reservoir, Sichuan-Tibet site, US$4.59b investment, Huadian stake, renewable energy generation.

 

Key Points

A 2,000 MW dam project on the Jinsha River with four units, a 784 ft barrier, and 8.36 billion kWh annual output.

✅ Sichuan-Tibet junction on the Jinsha River

✅ 2,000 MW capacity; four turbine-generator units

✅ 8.36 bn kWh/yr; US$4.59b total; Huadian 48% stake

 

China has approved construction of the 2,000-MW Lawa hydropower station, a Yangtze tributary hydropower project on the Jinsha River, multiple news agencies are reporting.

Lawa, at the junction of Sichuan province and the Tibet autonomous region, will feature a 784-foot-high dam and the reservoir will submerge about 12 square miles of land. The Jinsha River is a tributary of the Yangtze River, and the project aligns with green hydrogen development in China.

The National Development and Reform Commission of the People’s Republic of China, which also guides China's nuclear energy development as part of national planning, is reported to have said that four turbine-generator units will be installed, and the project is expected to produce about 8.36 billion kWh of electricity annually.

Total investment in the project is to be US$4.59 billion, and Huadian Group Co. Ltd. will have a 48% stake in the project, reflecting overseas power infrastructure activity, with minority stakes held by provincial firms, according to China Daily.

In other recent news in China, Andritz received an order in December 2018 to supply four 350-MW reversible pump-turbines and motor-generators, alongside progress in compressed air generation technologies, for the 1,400-MW ZhenAn pumped storage plant in Shaanxi province.

 

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Tunisia invests in major wind farm as part of longterm renewable energy plan

Sidi Mansour Wind Farm Tunisia will deliver 30 MW as an IPP, backed by UPC Renewables and CFM, under a STEG PPA, supporting 2030 renewable energy targets, grid connection, job creation, and CO2 emissions reduction.

 

Key Points

A 30 MW wind IPP by UPC and CFM in Sidi Mansour, supplying STEG and advancing Tunisia's 2030 renewable target.

✅ 30 MW capacity under STEG PPA, first wind IPP in Tunisia

✅ Co-developed by UPC Renewables and Climate Fund Managers

✅ Cuts CO2 by up to 56,645 t and creates about 100 jobs

 

UPC Renewables (UPC) and the Climate Fund Managers (CFM) have partnered to develop a 30 megawatt wind farm in Sidi Mansour, Tunisia, which, amid regional wind expansion efforts, will help the country meet its 30% renewable energy target by 2030.

Tunisia announced the launch of its solar energy plan in 2016, with projects like the 10 MW Tunisian solar park aiming to increase the role of renewables in its electricity generation mix ten-fold to 30%,

This Sidi Mansour Project will help Tunisia meet its goals, reducing its reliance on imported fossil fuels and, mirroring 90 MW Spanish wind build milestones, demonstrating to the world that it is serious about further development of renewable energy investment.

“Chams Enfidha”, the first solar energy station in Tunisia with a capacity of 1 megawatt and located in the Enfidha region. (Ministry of Energy, Mines and Energy Transition Facebook page)

This project will also be among the country’s first Independent Power Producers (IPP). CFM is acting as sponsor, financial adviser and co-developer on the project, in a landscape shaped by IRENA-ADFD funding in developing countries, while UPC will lead the development with its local team. The team will be in charge of permitting, grid connection, land securitisation, assessment of wind resources, contract procurement and engineering.

UPC was selected under the “Authorisation Scheme” tender for the project in 2016, similar to utility-scale developments like a 450 MW U.S. wind farm, and promptly signed a power purchase agreement with Société Tunisienne Electricité et du Gaz (STEG).

Brian Caffyn, chairman of UPC Group, said: “We can start the construction of the Sidi Mansour wind farm in 2020, helping stimulate the Tunisian economy, create local jobs and a social plan for local communities while respecting international environmental protection guidelines.”

Sebastian Surie, CFM’s regional head of Africa, added: “CFM is thrilled to partner with a leading wind developer in the Sidi Mansour Wind Project to assist Tunisia in meeting its renewable energy goals. As potentially the first Wind IPP in Tunisia, this Project will be a testament to how CI1’s full life-cycle financing solution can unlock investment in renewable energy in new markets, as seen in an Irish offshore wind project globally.”

The project will not only provide electricity, but also reduce CO2 emissions by up to 56,645 tonnes and create some 100 new jobs.

Wind turbine in El Haouaria, Tunisia, highlighting advances such as a huge offshore wind turbine that can power 18,000 homes. (Reuters)

Tunisia’s first power station, “Chams Enfidha,” inaugurated at the beginning of July, has a capacity of one megawatt, with an estimated cost of 3.3 million dinars ($1.18 million). The state invested 2.3 million dinars into the project ($820,000), with the remaining 1 million dinars ($360,000) provided by a private investor.

 

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Tracking Progress on 100% Clean Energy Targets

100% Clean Energy Targets drive renewable electricity, decarbonization, and cost savings through state policies, CCAs, RECs, and mandates, with timelines and interim goals that boost jobs, resilience, and public health across cities, counties, and utilities.

 

Key Points

Policies for cities and states to reach 100% clean power by set dates, using mandates, RECs, and interim goals.

✅ Define eligible clean vs renewable resources

✅ Mandate vs goal framework with enforcement

✅ Timelines with interim targets and escape clauses

 

“An enormous amount of authority still rests with the states for determining your energy future. So we can build these policies that will become a postcard from the future for the rest of the country,” said David Hochschild, chair of the California Energy Commission, speaking last week at a UCLA summit on state and local progress toward 100 percent clean energy.

According to a new report from the UCLA Luskin Center for Innovation, 13 states, districts and territories, as well as more than 200 cities and counties, with standout clean energy purchases by Southeast cities helping drive momentum, have committed to a 100 percent clean electricity target — and dozens of cities have already hit it.

This means that one of every three Americans, or roughly 111 million U.S. residents representing 34 percent of the population, live in a community that has committed to or has already achieved 100 percent clean electricity, including communities like Frisco, Colorado that have set ambitious targets.

“We’re going to look back on this moment as the moment when local action and state commitments began to push the entire nation toward this goal,” said J.R. DeShazo, director of the UCLA Luskin Center for Innovation.

Not all 100 percent targets are alike, however. The report notes that these targets vary based on 1) what resources are eligible, 2) how binding the 100 percent target is, and 3) how and when the target will be achieved.

These distinctions will carry a lot of weight as the policy discussion shifts from setting goals to actually meeting targets. They also have implications for communities in terms of health benefits, cost savings and employment opportunities.

 

100% targets come in different forms

One key attribute is whether a target is based on "renewable" or "clean" energy resources. Some 100 percent targets, like Hawaii’s and Rhode Island’s 2030 plan, are focused exclusively on renewable energy, or sources that cannot be depleted, such as wind, solar and geothermal. But most jurisdictions use the broader term “clean energy,” which can also include resources like large hydroelectric generation and nuclear power.

States also vary in their treatment of renewable energy certificates, used to track and assign ownership to renewable energy generation and use. Unbundled RECs allow for the environmental attributes of the renewable energy resource to be purchased separately from the physical electricity delivery.

The binding nature of these targets is also noteworthy. Seven states, as well as Puerto Rico and the District of Columbia, have passed 100 percent clean energy transition laws. Of the jurisdictions that have passed 100 percent legislation, all but one specifies that the target is a “mandate,” according to the report. Nevada is the only state to call the target a “goal.”

Governors in four other states have signed executive orders with 100 percent clean energy goals.

Target timelines also vary. Washington, D.C. has set the most ambitious target date, with a mandate to achieve 100 percent renewable electricity by 2032. Other states and cities have set deadline years between 2040 and 2050. All "100 percent" state laws, and some city and county policies, also include interim targets to keep clean energy deployment on track.

In addition, some locations have included some form of escape clause. For instance, Salt Lake City, which last month passed a resolution establishing a goal of powering the county with 100 percent clean electricity by 2030, included “exit strategies” in its policy in order to encourage stakeholder buy-in, said Mayor Jackie Biskupski, speaking last week at the UCLA summit.

“We don’t think they’ll get used, but they’re there,” she said.

Other locales, meanwhile, have decided to go well beyond 100 percent clean electricity. The State of California and 44 cities have set even more challenging targets to also transition their entire transportation, heating and cooling sectors to 100 percent clean energy sources, and proposals like requiring solar panels on new buildings underscore how policy can accelerate progress across sectors.

Businesses are simultaneously electing to adopt more clean and renewable energy. Six utilities across the United States have set their own 100 percent clean or carbon-free electricity targets. UCLA researchers did not include populations served by these utilities in their analysis of locations with state and city 100 percent clean commitments.

 

“We cannot wait”

All state and local policies that require a certain share of electricity to come from renewable energy resources have contributed to more efficient project development and financing mechanisms, which have supported continued technology cost declines and contributed to a near doubling of renewable energy generation since 2008.

Many communities are switching to clean energy in order to save money, now that the cost calculation is increasingly in favor of renewables over fossil fuels, as more jurisdictions get on the road to 100% renewables worldwide. Additional benefits include local job creation, cleaner air and electricity system resilience due to greater reliance on local energy resources.

Another major motivator is climate change. The electricity sector is responsible for 28 percent of U.S. greenhouse gas emissions, second only to transportation. Decarbonizing the grid also helps to clean up the transportation sector as more vehicles move to electricity as their fuel source.

“The now-constant threat of wildfires, droughts, severe storms and habitat loss driven by climate change signals a crisis we can no longer ignore,” said Carla Peterman, senior vice president of regulatory affairs at investor-owned utility Southern California Edison. “We cannot wait and we should not wait when there are viable solutions to pursue now.”

Prior to joining SCE on October 1, Peterman served as a member of the California Public Utilities Commission, which implements and administers renewable portfolio standard (RPS) compliance rules for California’s retail sellers of electricity. California’s target requires 60 percent of the state’s electricity to come from renewable energy resources by 2030, and all the state's electricity to come from carbon-free resources by 2045.  

 

How CCAs are driving renewable energy deployment

One way California communities are working to meet the state’s ambitious targets is through community-choice aggregation, especially after California's near-100% renewable milestone underscored what's possible, via which cities and counties can take control of their energy procurement decisions to suit their preferences. Investor-owned utilities no longer purchase energy for these jurisdictions, but they continue to operate the transmission and distribution grid for all electricity users.                           

A second paper released by the Luskin Center for Innovation in recent days examines how community-choice aggregators are affecting levels of renewable energy deployment in California and contributing to the state’s 100 percent target.

The paper finds that 19 CCAs have launched in California since 2010, growing to include more than 160 towns, cities and counties. Of those communities, 64 have a 100 percent renewable or clean energy policy as their default energy program.

Because of these policies, the UCLA paper finds that “CCAs have had both direct and indirect effects that have led to increases in the clean energy sold in excess of the state’s RPS.”

From 2011 to 2018, CCAs directly procured 24 terawatt-hours of RPS-eligible electricity, 11 TWh of which have been voluntary or in excess of RPS compliance, according to the paper.

The formation of CCAs has also had an indirect effect on investor-owned utilities. As customers have left investor-owned utilities to join CCAs, the utilities have been left holding contracts for more renewable energy than they need to comply with California’s clean energy targets, amid rising solar and wind curtailments that complicate procurement decisions. UCLA researchers estimate that this indirect effect of CCA formation has left IOUs holding 13 terawatt-hours in excess of RPS requirements.

The paper concludes that CCAs have helped to accelerate California’s ability to meet state renewable energy targets over the past decade. However, the future contributions of CCAs to the RPS are more uncertain as communities make new power-purchasing decisions and utilities seek to reduce their excess renewable energy contracts.

“CCAs offer a way for communities to put their desire for clean energy into action. They're growing fast in California, one of only eight states where this kind of mechanism is allowed," said UCLA's Kelly Trumbull, an author of the report. "State and federal policies could be reformed to better enable communities to meet local demand for renewable energy.”

 

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Cleaning up Canada's electricity is critical to meeting climate pledges

Canada Clean Electricity Standard targets a net-zero grid by 2035, using carbon pricing, CO2 caps, and carbon capture while expanding renewables and interprovincial trade to decarbonize power in Alberta, Saskatchewan, and Ontario.

 

Key Points

A federal plan to reach a net-zero grid by 2035 using CO2 caps, carbon pricing, carbon capture, renewables, and trade.

✅ CO2 caps and rising carbon prices through 2050

✅ Carbon capture required on gas plants in high-emitting provinces

✅ Renewables build-out and interprovincial trade to balance supply

 

A new tool has been proposed in the federal election campaign as a way of eradicating the carbon emissions from Canada’s patchwork electricity system. 

As the country’s need for power grows through the decarbonization of transportation, industry and space heating, the Liberal Party climate plan is proposing a clean energy standard to help Canada achieve a 100% net-zero-electricity system by 2035, aligning with Canada’s net-zero by 2050 target overall. 

The proposal echoes a report released August 19 by the David Suzuki Foundation and a group of environmental NGOs that also calls for a clean electricity standard, capping power-sector emissions, and tighter carbon-pricing regulations. The report, written by Simon Fraser University climate economist Mark Jaccard and data analyst Brad Griffin, asserts that these policies would effectively decarbonize Canada’s electricity system by 2035.

“Fuel switching from dirty fossil fuels to clean electricity is an essential part of any serious pathway to transition to a net-zero energy system by 2050,” writes Tom Green, climate policy advisor to the Suzuki Foundation, in a foreword to the report. The pathway to a net-zero grid is even more important as Canada switches from fossil fuels to electric vehicles, space heating and industrial processes, even as the Canadian Gas Association warns of high transition costs.

Under Jaccard and Griffin’s proposal, a clean electricity standard would be established to regulate CO2 emissions specifically from power plants across Canada. In addition, the plan includes an increase in the carbon price imposed on electricity system releases, combined with tighter regulation to ensure that 100% of the carbon price set by the federal government is charged to electricity producers. The authors propose that the current scheduled carbon price of $170 per tonne of CO2 in 2030 should rise to at least $300 per tonne by 2050.

In Alberta, Saskatchewan, Ontario, New Brunswick and Nova Scotia, the 2030 standard would mean that all fossil-fuel-powered electricity plants would require carbon capture in order to comply with the standard. The provinces would be given until 2035 to drop to zero grams CO2 per kilowatt hour, matching the 2030 standard for low-carbon provinces (Quebec, British Columbia, Manitoba, Newfoundland and Labrador and Prince Edward Island). 

Alberta and Saskatchewan targeted 
Canada has a relatively clean electricity system, as shown by nationwide progress in electricity, with about 80% of the country’s power generated from low- or zero-emission sources. So the biggest impacts of the proposal will be felt in the higher-carbon provinces of Alberta and Saskatchewan. Alberta has a plan to switch from coal-based electric power to natural gas generation by 2023. But Saskatchewan is still working on its plan. Under the Jaccard-Griffin proposal, these provinces would need to install carbon capture on their gas-fired plants by 2030 and carbon-negative technology (biomass with carbon capture, for instance) by 2035. Saskatchewan has been operating carbon capture and storage technology at its Boundary Dam power station since 2014, but large-scale rollout at power plants has not yet been achieved in Canada. 

With its heavy reliance on nuclear and hydro generation, Ontario’s electricity supply is already low carbon. Natural gas now accounts for about 7% of the province’s grid, but the clean electricity standard could pose a big challenge for the province as it ramps up natural-gas-generated power to replace electricity from its aging Pickering station, scheduled to go out of service in 2025, even as a fully renewable grid by 2030 remains a debated goal. Pickering currently supplies about 14% of Ontario’s power. 

Ontario doesn’t have large geological basins for underground CO2 storage, as Alberta and Saskatchewan do, so the report says Ontario will have to build up its solar and wind generation significantly as part of Canada’s renewable energy race, or find a solution to capture CO2 from its gas plants. The Ontario Clean Air Alliance has kicked off a campaign to encourage the Ontario government to phase out gas-fired generation by purchasing power from Quebec or installing new solar or wind power.

As the report points out, the federal government has Supreme Court–sanctioned authority to impose carbon regulations, such as a clean electricity standard, and carbon pricing on the provinces, with significant policy implications for electricity grids nationwide.

The federal government can also mandate a national approach to CO2 reduction regardless of fuel source, encouraging higher-carbon provinces to work with their lower-carbon neighbours. The Atlantic provinces would be encouraged to buy power from hydro-heavy Newfoundland, for example, while Ontario would be encouraged to buy power from Quebec, Saskatchewan from Manitoba, and Alberta from British Columbia.

The Canadian Electricity Association, the umbrella organization for Canada’s power sector, did not respond to a request for comment on the Jaccard-Griffin report or the Liberal net-zero grid proposal.

Just how much more clean power will Canada need? 
The proposal has also kicked off a debate, and an IEA report underscores rising demand, about exactly how much additional electricity Canada will need in coming decades.

In his 2015 report, Pathways to Deep Decarbonization in Canada, energy and climate analyst Chris Bataille estimated that to achieve Canada’s climate net-zero target by 2050 the country will need to double its electricity use by that year.

Jaccard and Griffin agree with this estimate, saying that Canada will need more than 1,200 terawatt hours of electricity per year in 2050, up from about 640 terawatt hours currently.

But energy and climate consultant Ralph Torrie (also director of research at Corporate Knights) disputes this analysis.

He says large-scale programs to make the economy more energy efficient could substantially reduce electricity demand. A major program to install heat pumps and replace inefficient electric heating in homes and businesses could save 50 terawatt hours of consumption on its own, according to a recent report from Torrie and colleague Brendan Haley. 

Put in context, 50 terawatt hours would require generation from 7,500 large wind turbines. Applied to electric vehicle charging, 50 terawatt hours could power 10 million electric vehicles.

While Torrie doesn’t dispute the need to bring the power system to net-zero, he also doesn’t believe the “arm-waving argument that the demand for electricity is necessarily going to double because of the electrification associated with decarbonization.” 

 

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City officials take clean energy message to Georgia Power, PSC

Georgia Cities Clean Energy IRP Coalition unites Savannah, Atlanta, Decatur, and Athens-Clarke to shape Georgia Power's Integrated Resource Plan, accelerating renewables, energy efficiency, community solar, and coal retirements through Georgia Public Service Commission hearings.

 

Key Points

Georgia cities working to steer Georgia Power's IRP toward renewables, energy efficiency, and community solar.

✅ Targets coal retirements and doubling renewables by 2035

✅ Advocates data access, transparency, and energy efficiency

✅ Seeks affordable community solar options for low-income customers

 

Savannah is among several Georgia cities that have led the charge forward in recent years to push for clean energy. Now, several of the state's largest municipalities are banding together to demand action from Georgia's largest energy provider.

Hearings regarding Georgia Power's Integrated Resource Plan (IRP) happen every three years, but this year for the first time the cities of Savannah, Decatur, Atlanta and Athens-Clarke and DeKalb counties were at the table.

"It's pretty unprecedented. It's such an important opportunity to get to represent ourselves and our citizens," said City of Savannah Energy Analyst Alicia Brown, the Savannah representative for the Georgia Coalition for Local Governments.

The IRP, which essentially maps out how the company will use its various forms of energy over the next 20 years was filed with the Georgia Public Service Commission (GPSC) in January, the 200-page IRP outlines Georgia Power's plans to shutter nearly all Georgia Power-controlled coal units, similar to Tucson Electric Power's coal exit timelines elsewhere, which could begin later this year.

The company is also planning to double its renewable energy generation by 2035. The IRP also outlines plans for several programs, including an Income-Qualified Community Solar Pilot, reflecting momentum for community energy programs in other states as well.

During the hearings the coalition, alongside the other groups, had the ability to question Georgia Power officials about the plan to include the proposed increase per kilowatt for the company's Simple Solar program, Behind-the-Meter Solar program study and various other components, amid debates over solar strategy in the South that could impact lower income customers.

"The established and open IRP process is central to effective, long-term energy planning in Georgia and is part of our commitment to 2.7 million customers to deliver clean, safe, reliable and affordable energy. In continuing our longstanding relationship with the City of Savannah, we welcome their interest and participation in the IRP process," John Kraft, Georgia Power spokesman said in an email.

Brown said the coalition's areas of interest fall into three categories: energy efficiency and demand response, data access and transparency and renewable energy for citizens as well as the governments in the coalition.

"We have these renewable goals and just the way the current regulations are set, the way the current laws are on the books, and developments like consumer choice in California show how policy shifts can reshape utility markets, it's very challenging for us to meet those renewable energy goals without Georgia Power setting up programs that are workable for us," she said.

The city of Savannah is already taking action locally to reduce carbon emissions and move toward clean and renewable energy through the 100% Savannah Clean Energy Plan, which was adopted by Savannah City Council in December.

The plan aims to achieve 100% renewable electricity community-wide by 2035 and 100% renewable energy for all energy needs by 2050.

Council previously approved the 100% Clean Energy Resolution needed to develop the plan in March 2020, making Savannah the fifth city in the state to pledge to pursue a lower carbon future to fight climate change.

The final plan includes 45 strategies that fall into five categories: energy efficiency; renewable energy; transportation and mobility; community and economic development; and education and engagement.

Brown said the education and engagement component is central to the plan, but the pandemic has hindered community education and awareness efforts, and utilities have warned customers about pandemic-related scams that complicate outreach, something the city hopes to catapult in the coming weeks.

"With the 100% Savannah resolution passing right before the pandemic, we haven't had as many opportunities to raise awareness about the initiative and to educate the public about clean energy as we would like. This transition will present a lot of opportunities for our communities, but only if people know that they are there to be taken," she said.

"... We also want to engage the community so that they feel like they are developing this vision for a healthy, prosperous, clean community alongside us. It's not just us telling them, 'we're going to have a clean energy future and it's going to look like this,' but really helping them to develop and realize a collective vision for what 100% Savannah should be."

The final round of IRP hearings are scheduled for next month. Those hearings will allow the coalition and other groups to put witnesses on the stand who will make the case for why Georgia Power's IRP should be different, Brown said.

In June, Georgia Power, following a June bill reduction for customers, will have a chance to offer rebuttal testimony and will again be subject to cross examination. Shortly after those hearings, the parties will join together for the settlement process, a sort of compromise on the plan that the commission will vote on toward the beginning of July.

 

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Energy freedom and solar’s strategy for the South

South Carolina Energy Freedom Act lifts net metering caps, reforms PURPA, and overhauls utility planning to boost solar competition, grid resiliency, and consumer choice across the Southeast amid Santee Cooper debt and utility monopoly pressure.

 

Key Points

A bipartisan reform lifting net metering caps, modernizing PURPA, and updating utility planning to expand solar.

✅ Lifts net metering cap to accelerate rooftop and community solar.

✅ Reforms PURPA contracts to enable fair pricing and transparent procurement.

✅ Modernizes utility IRP and opens markets to competition and customer choice.

 

The South Carolina House has approved the latest version of the Energy Freedom Act, a bill that overhauls the state’s electricity policies, including lifting the net metering caps and reforming PURPA implementation and utility planning processes in a way that advocates say levels the playing field for solar at all scales.

With Governor Henry McMaster (R) expected to sign the bill shortly, this is a major coup not just for solar in the state, but the region. This is particularly notable given the struggle that solar has had just to gain footing in many parts of the South, which is dominated by powerful utility monopolies and conservative politicians.

Two days ago when the bill passed the Senate we covered the details of the policy, but today we’re going to take a look at the politics of getting the Energy Freedom Act passed, and what this means for other Southern states and “red” states.

 

Opportunity amid crisis

The first thing to note about this bill is that it comes within a crisis in South Carolina’s electricity sector. This was the first legislative session following state-run utility Santee Cooper’s formal abandonment of a project to build two new reactors at the Virgil C. Sumner nuclear power plant, on which work stopped nearly two years ago.

Santee Cooper still holds $4 billion in construction debt related to the nuclear projects. According to an article in The State, this is costing its customers $5 per month toward the current debt, and this will rise to $13 per month for the next 40 years.

Such costs are particularly unwelcome in South Carolina, which has the highest annual electricity bills in the nation due to a combination of very high electricity usage driven by widespread air conditioning during the hot summers and higher prices per unit of power than other Southern states.

Following this fiasco, Santee Cooper’s CEO has stepped down, and the state government is currently considering selling the utility to a private entity. According to Maggie Clark, southeast state affairs senior manager for Solar Energy Industries Association, all of this set the stage for the bill that passed today.

“South Carolina is in a really ripe state for transformational energy policy in the wake of the VC Sumner nuclear plant cancellation,” Clark told pv magazine. “They were looking for a way forward, and I think this bill really provided them something to champion.”

 

Renewable energy policy for red states

This major win for solar policy comes in a state where the Republican Party holds majorities in both houses of the state’s legislature and sends bills to a Republican governor.

Broadly speaking, Republican politicians seldom show the level of interest in supporting renewable energy that Democrats do either at the state or national level, and show even less inclination to act to address greenhouse gas emissions. In fact, the 100% clean energy mandates that are being implemented in four states and Washington D.C. have only passed with Democratic trifectas, in other words with Republicans controlling neither house of the state legislature nor the governor’s office. (Note: This does not apply to Puerto Rico, which has a different party structure to the rest of the United States)

However, South Carolina shows there are Republican politicians who will support pro-renewable energy policies, and circumstances under which Republican majorities will vote for legislation that aids the adoption of solar. And these specific circumstances speak to both different priorities and ideological differences between the two parties.

SEIA’s Maggie Clark emphasizes that the Energy Freedom Act was about reforming market rules. “This was a way to provide a program that did not provide subsidies or incentives in any way, but to really open the market to competition,” explains Clark. “I think that appealing to conservatives in the South about energy independence and resiliency and ultimately cost savings is the winning message on this issue.”

Such messaging in South Carolina is not an accident. Not only has such messaging been successful in the past, but coalition partner Vote Solar paid for polling to find what messages resounded with the state’s voters, and found that choice and competition were likely to resound.

And all of this happened in the context of what Clark describes as an “extremely well-resourced effort”, with SEIA in particular dedicating national attention and resources to the state – as part of an effort by President and CEO Abigail Hopper to shift attention more towards state-level policy. Maggie Clark is one of two new regional staff who Hopper has hired, and SEIA’s first staff member focused on Southern states.

“Absolutely the South is a prioritized region,” Hopper told pv magazine, noting that three Southern states – the Carolinas and Florida – are among the 12 states that the organization has identified to work on this year. “It became clear that as a region it needed more attention.”

SEIA is not expecting fly-by-night victories, and Hopper attributes the success in South Carolina not only to a broad coalition, but to years of work on the ground in the state.

Nor is SEIA the only organization to grow its presence in the region. Vote Solar now has two full time staff located in the South, whereas two years ago its sole staff member dedicated to the region was located in Washington D.C.

 

Ideology versus reality in the South

The Energy Freedom Act aligns with conservative ideas about small government and competition, but the American right is not monolithic, nor do political ideas and actions always line up neatly, as other successful policies in other states in the region show

By far the largest deployment of renewable energy in the nation has been in Texas, aside from in California which leads overall. Here a system of renewable energy zones in the sparsely populated but windy and sunny west, north and center of the state feed cities to the east with power from wind and more recently solar.

This was enabled by transmission lines whose cost was socialized among the state’s ratepayers – a tremendous irony given that the state’s politicians would be some of the last in the nation to want to be identified with socializing anything.

Another example is Louisiana, which saw a healthy residential solar market over the last decade due to a 50% state rebate. The policy has expired, but when operating it was exactly the sort of outright subsidy that right-wing media and politicians rail against.

Of course there is also North Carolina, which built the 2nd-largest solar market in the nation on the back of successful state-level implementation of PURPA, a federal law. Finally there is Virginia, where large-scale projects are booming following a 2018 law that found that 5 GW of solar is in the public interest.

Furthermore, while conservatives continually expound the virtues of the free market, the reality of the electricity sector in the “deep red” South is anything but that. The region missed out on the wave of deregulation in the 1990s, and remains dominated by monopoly utilities regulated by the state: a union of big business and big government where competition is non-existent.

This has also meant that the solar which has been deployed in the South is mostly not the kind of rooftop solar that many think of as embodying energy independence, but rather large-scale solar built in farms, fields and forests.

 

Where to from here?

With such contradictions between stated ideology and practice, it is less clear what makes for successful renewable energy policy in the South. However, opening up markets appears to be working not only in South Carolina, but also in Florida, where third-party solar companies are making inroads after the state’s voters rejected a well-funded and duplicitous utilities’ campaign to kill distributed solar.

SEIA’s Hopper says that she is “aggressively optimistic” about solar in Florida. As utilities have dominated large-solar deployment in the state, even as the state declined federal solar incentives earlier this year, she says that she sees opening up the state’s booming utility-scale solar market to competition as a priority.

Some parts of the region may be harder than others, and it is notable that SEIA has not had as much to say about Alabama, Mississippi or Louisiana, which are largely controlled by utility giants Southern Company and Entergy, or the area under the thumb of the Tennessee Valley Authority, one of the most anti-solar entities in the power sector.

Abby Hopper says ultimately, demand from customers – both individuals and corporations – is the key to transforming policy. “You replicate these victories by customer demand,” Hopper told pv magazine. “That combination of voices from the customer are what’s going to drive change.”

 

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