Key Senate committee approves utility re-regulation

By Washington Post


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Legislation backed by Gov. Martin O'Malley (D) to partially re-regulate the production of electricity in Maryland is headed to the Senate floor.

The Senate Finance Committee approved the bill after several marathon work sessions. It would give the Public Service Commission authority to direct utility companies to build new power plants where and when they are needed. Those plants would be regulated, meaning the price their owners charge for electricity would be capped.

The bill, whose lead sponsor is committee Chairman Thomas Middleton (D-Charles) exempts large commercial and industrial customers, which have had success shopping for power from competitive suppliers. A third nuclear reactor that Constellation Energy hopes to build at its Calvert Cliffs plant also would not be regulated.

The move to re-regulate has been debated in Annapolis for several years, since rate caps were lifted. Customers of Baltimore Gas & Electric were hit with a 72 percent rate hike, and their bills have continued to rise. Pepco customers also are paying much more than they did under a regulated system. Competitors to the large utilities have only a tiny slice of the residential market.

High prices have been a political problem for O'Malley and lawmakers. Adding to the problem, gas and electric bills across the state skyrocketed this winter, owing to relatively cold weather, longer billing cycles and locked-in contracts for power signed by utilities when prices peaked last year.

The re-regulation bill is unlikely to effect electricity rates in the short term, since it can take years to build a power plant and any new plants are likely to produce a fraction of the state's electricity load. But politically the vote makes a statement.

The energy industry, led by Baltimore-based Constellation, has heavily lobbied lawmakers to defeat the bill. The Retail Energy Supply Association, a group of suppliers fighting to enter the residential market, issued this statement from state chair Leah Gibbons.

"RESA is very disappointed that the committeee decided to take a step backwards for Maryland electricity consumers. Re-regulation... will end choice for residential and small commercial customers."

Middleton and other supporters of the legislation argue that RESA's members have had years to enter the market.

The Senate is now taking up the legislation. Its chances for passage are better there than in the House of Delegates, where members of the Economic Matters Committee have expressed skepticism about passing it this year.

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Can the Electricity Industry Seize Its Resilience Moment?

Hurricane Grid Resilience examines how utilities manage outages with renewables, microgrids, and robust transmission and distribution systems, balancing solar, wind, and batteries to restore service, harden infrastructure, and improve storm response and recovery.

 

Key Points

Hurricane grid resilience is a utility approach to withstand storms, reduce outages, and speed safe power restoration.

✅ Focus on T&D hardening, vegetation management, remote switching

✅ Balance generation mix; integrate solar, wind, batteries, microgrids

✅ Plan 12-hour shifts; automate forecasting and outage restoration

 

When operators of Duke Energy's control room in Raleigh, North Carolina wait for a hurricane, the mood is often calm in the hours leading up to the storm.

“Things are usually fairly quiet before the activity starts,” said Mark Goettsch, the systems operations manager at Duke. “We’re anxiously awaiting the first operation and the first event. Once that begins, you get into storm mode.”

Then begins a “frenzied pace” that can last for days — like when Hurricane Florence parked over Duke’s service territory in September.

When an event like Florence hits, all eyes are on transmission and distribution. Where it’s available, Duke uses remote switching to reconnect customers quickly. As outages mount, the utility forecasts and balances its generation with electricity demand.

The control center’s four to six operators work 12-hour shifts, while nearby staff members field thousands of calls and alarms on the system. After it’s over, “we still hold our breath a little bit to make sure we’ve operated everything correctly,” said Goettsch. Damage assessment and rebuilding can only begin once a storm passes.

That cycle is becoming increasingly common in utility service areas like Duke's.

A slate of natural disasters that reads like a roll call — Willa, Michael, Harvey, Irma, Maria, Florence and Thomas — has forced a serious conversation about resiliency. And though Goettsch has heard a lot about resiliency as a “hot topic” at industry events and meetings, those conversations are only now entering Duke’s control room.

Resilience discussions come and go in the energy industry. Storms like Hurricane Sandy and Matthew can spur a nationwide focus on resiliency, but change is largely concentrated in local areas that experienced the disaster. After a few news cycles, the topic fades into the background.

However, experts agree that resilience is becoming much more important to year-round utility planning and operations as utilities pursue decarbonization goals across their fleets. It's not a fad.

“If you look at the whole ecosystem of utilities and vendors, there’s a sense that there needs to be a more resilient grid,” said Miki Deric, Accenture’s managing director of utilities, transmission and distribution for North America. “Even if they don’t necessarily agree on everything, they are all working with the same objective.”

Can renewables meet the challenge?

After Hurricane Florence, The Intercept reported on coal ash basins washed out by the storm’s overwhelming waters. In advance of that storm, Duke shut down one nuclear plant to protect it from high winds. The Washington Post also recently reported on a slowly leaking oil spill, which could surpass Deepwater Horizon in size, caused by Hurricane Ivan in 2004.

Clean energy boosters have seized on those vulnerabilities.They say solar and wind, which don’t rely on access to fuel and can often generate power immediately after a storm, provide resilience that other electricity sources do not.

“Clearly, logistics becomes a big issue on fossil plants, much more than renewable,” said Bruce Levy, CEO and president at BMR Energy, which owns and operates clean energy projects in the Caribbean and Latin America. “The ancillaries around it — the fuel delivery, fuel storage, water in, water out — are all as susceptible to damage as a renewable plant.”

Duke, however, dismissed the notion that one generation type could beat out another in a serious storm.

“I don’t think any generation source is immune,” said Duke spokesperson Randy Wheeless. “We’ve always been a big supporter of a balanced energy mix, reflecting why the grid isn't 100% renewable in practice today. That’s going to include nuclear and natural gas and solar and renewables as well. We do that because not every day is a good day for each generation source.”

In regard to performance, Wade Schauer, director of Americas Power & Renewables Research at Wood Mackenzie, said the situation is “complex.” According to him, output of solar and wind during a storm depends heavily on the event and its location.

While comprehensive data on generation performance is sparse, Schauer said coal and gas generators could experience outages at 25 percent while stormy weather might cut 95 percent of output from renewables, underscoring clean energy's dirty secret about variability under stress. Ahead of last year’s “bomb cyclone” in New England, WoodMac data shows that wind dropped to less than 1 percent of the supply mix.

“When it comes to resiliency, ‘average performance’ doesn't cut it,” said Schauer.

In the future, he said high winds could impact all U.S. offshore wind farms, since projects are slated for a small geographic area in the Northeast. He also pointed to anecdotal instances of solar arrays in New England taken out by feet of snow. During Florence, North Carolina’s wind farms escaped the highest winds and continued producing electricity throughout. Cloud cover, on the other hand, pushed solar production below average levels.

After Florence passed, Duke reported that most of its solar came online quickly, although four of its utility-owned facilities remained offline for weeks afterward. Only one was because of damage; the other three remained offline due to substation interconnection issues.

“Solar performed pretty well,” said Wheeless. “But did it come out unscathed? No.”

According to installer reports, solar systems fared relatively well in recent storms, even as the Covid-19 impact on renewables constrained projects worldwide. But the industry has also highlighted potential improvements. Following Hurricanes Maria and Irma, the Federal Emergency Management Agency published guidelines for installing and maintaining storm-resistant solar arrays. The document recommended steps such as annual checks for bolt tightness and using microinverters rather than string inverters.

Rocky Mountain Institute (RMI) also assembled a guide for retrofitting and constructing new installations. It described attributes of solar systems that survived storms, like lateral racking supports, and those that failed, like undersized and under-torqued bolts.

“The hurricanes, as much as no one liked them, [were] a real learning experience for folks in our industry,” said BMR’s Levy. “We saw what worked, and what didn’t.”          

Facing the "800-pound gorilla" on the grid

Advocates believe wind, solar, batteries and microgrids offer the most promise because they often rely less on transmitting electricity long distances and could support peer-to-peer energy models within communities.

Most extreme weather outages arise from transmission and distribution problems, not generation issues. Schauer at WoodMac called storm damage to T&D the “800-pound gorilla.”

“I'd be surprised if a single customer power outage was due to generators being offline, especially since loads where so low due to mild temperatures and people leaving the area ahead of the storm,” he said of Hurricane Florence. “Instead, it was wind [and] tree damage to power lines and blown transformers.”

 

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Ontario explores possibility of new, large scale nuclear plants

Ontario Nuclear Expansion aims to meet rising electricity demand and decarbonization goals, complementing renewables with energy storage, hydroelectric, and SMRs, while reducing natural gas reliance and safeguarding grid reliability across the province.

 

Key Points

A plan to add large nuclear capacity to meet demand, support renewables, cut gas reliance, and maintain grid reliability

✅ Adds firm, low-carbon baseload to complement renewables

✅ Reduces reliance on natural gas during peak and outages

✅ Requires public and Indigenous engagement on siting

 

Ontario is exploring the possibility of building new, large-scale nuclear plants in order to meet increasing demand for electricity and phase out natural gas generation.

A report late last year by the Independent Electricity System Operator found that the province could fully eliminate natural gas from the electricity system by 2050, starting with a moratorium in 2027, but it will require about $400 billion in capital spending and more generation including new, large-scale nuclear plants.

Decarbonizing the grid, in addition to new nuclear, will require more conservation efforts, more renewable energy sources and more wind and solar power sources and more energy storage, the report concluded.

The IESO said work should start now to assess the reliability of new and relatively untested technologies and fuels to replace natural gas, and to set up large, new generation sources such as nuclear plants and hydroelectric facilities.

The province has not committed to a natural gas moratorium or phase-out, or to building new nuclear facilities other than its small modular reactor plans, but it is now consulting on the prospect.

A document recently posted to the government’s environmental registry asks for input on how best to engage the public and Indigenous communities on the planning and location of new generation and storage facilities.

Building new nuclear plants is “one pathway” toward a fully electrified system, Energy Minister Todd Smith said in an interview.

“It’s a possibility, for sure, and that’s why we’re looking for the feedback from Ontarians,” he said. “We’re considering all of the next steps.”

Environmental groups such as Environmental Defence oppose new nuclear builds, as well as the continued reliance on natural gas.

“The IESO’s report is peddling the continued use of natural gas under the guise of a decarbonization plan, and it takes as a given the ramping up of gas generation and continues to rely on gas generated electricity until 2050, which is embarrassingly late,” said Lana Goldberg, Environmental Defence’s Ontario climate program manager.

“Building new nuclear is absurd when we have safe and much cheaper alternatives such as wind and solar power.”

The IESO has said the flexibility natural gas provides, alongside new gas plants, is needed to keep the system stable while new and relatively untested technologies are explored and new infrastructure gets built, but also as an electricity supply crunch looms.

Ontario is facing a shortfall of electricity with the Pickering nuclear station set to be retired, others being refurbished, and increasing demands including from electric vehicles, new electric vehicle and battery manufacturing, electric arc furnaces for steelmaking, and growth in the greenhouse and mining industries.

The government consultation also asks whether “additional investment” should be made in clean energy in the short term in order to decrease reliance on natural gas, “even if this will increase costs to the electricity system and ratepayers.”

But Smith indicated the government isn’t keen on higher costs.

“We’re not going to sacrifice reliability and affordability,” he said. “We have to have a reliable and affordable system, otherwise we won’t have people moving to electrification.”

The former Liberal government faced widespread anger over high hydro bills _ highlighted often by the Progressive Conservatives, then in Opposition — driven up in part by long-term contracts at above-market rates with clean power producers secured to spur a green energy transition.

 

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ABO to build 10MW Tunisian solar park

ABO Wind Tunisia 10MW Solar Project will build a photovoltaic park in Gabes with a STEG PPA, fixed tariff, 2,500 m grid connection, producing 18 million kWh annually, targeted for 2020 commissioning with local partners.

 

Key Points

A 10MW photovoltaic park in Gabes with a 20-year STEG PPA and fixed tariff, slated for 2020 commissioning.

✅ 18 million kWh/year; 2,500 m grid tie, 20-year fixed tariff

✅ Electricity supplied to STEG under PPA; 2020 commissioning

✅ Located in Gabes; built with local partners, 10MW capacity

 

ABO Wind has received a permit and a tariff for a 10MW photovoltaic project in Tunisia, amid global activity such as Spain's 90MW wind project now underway, which it plans to build and commission in 2020.

The solar park, in the governorate of Gabes, is 400km south of the country’s capital Tunis and aligns with renewable funding initiatives seen across developing markets.

The developer said it plans to build the project next year in close cooperation with local partners, as regional markets from North Africa to the Gulf expand, with Saudi Arabia boosting wind capacity as well.

ABO Wind department head Nicolas Konig said: “The solar park will produce more than 18 million kilowatt hours of electricity per year and will feed it into the grid at a distance of 2500 metres.”

The developer will conclude an electricity supply contract with the state-owned energy supplier (Societe tunisienne de l’electricite et du gaz (STEG), which will provide a fixed remuneration over 20 years, a model echoed by Germany's wind-solar tender for the electricity fed into the grid.

Earlier this year, ABO Wind had already secured a tariff for a wind farm with a capacity of 30MW in a tender, 35km south-east of Tunis, underscoring Tunisia's wind investments under its long-term plan.

The company is working on half a dozen Tunisian wind and solar projects, as institutions like the World Bank support wind growth in developing countries.

“We are making good progress on our way to assemble a portfolio of several ready-to-build wind and solar projects attractive to investors, as Saudi clean energy targets continue to expand globally,” said ABO Wind general manager responsible for international business development Patrik Fischer.

 

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27,000 Plus More Clean Energy Jobs Lost in May

U.S. Clean Energy Job Losses highlight COVID-19 impacts on renewable energy, solar, wind, and energy efficiency, with PPP fatigue, unemployment, and calls for Congressional stimulus, per Department of Labor data analyzed by E2.

 

Key Points

Pandemic-driven layoffs across renewable, solar, wind, and efficiency sectors, risking recovery without federal aid.

✅ Over 620,500 clean energy jobs lost in three months

✅ Energy efficiency, solar, and wind hit hardest nationwide

✅ Industry urges Congress for stimulus, tax credit relief

 

As Congress this week begins debating economic stimulus support for the energy industry, a new analysis of unemployment data shows the biggest part of America's energy economy - clean energy - lost another 27,000 jobs in May, bringing the total number of clean energy workers who have lost their jobs in the past three months to more than 620,500.

While May saw an improvement in new unemployment claims over March and April, the findings represent the sector's third straight month of significant job losses across solar, wind, energy efficiency, clean vehicles and other industries. With coronavirus cases once again rising in many states and companies beginning to run out of the Payroll Protection Program (PPP) funding that has helped small businesses keep workers employed, and as households confront pandemic power shut-offs that heighten energy insecurity, the report increases concerns the sector will be unable to resume its economy-leading jobs growth in the short- or long-term without a significant policy response.

Given the size and scope of the clean energy industry, such a sustained loss would cast a pall on the nation's overall economic recovery, as shifting electricity demand during COVID-19 complicates forecasts, according to the analysis of the Department of Labor's May unemployment data from E2 (Environmental Entrepreneurs), E4TheFuture and the American Council on Renewable Energy (ACORE).

Prior to COVID-19, clean energy - including energy efficiency, solar and wind generation, clean vehicles and related sectors - was among the U.S. economy's biggest and fastest-growing employment sectors, growing 10.4% since 2015 to nearly 3.4 million jobs at the end of 2019. That made clean energy by far the biggest employer of workers in all energy occupations, employing nearly three times as many people as the fossil fuel industry. For comparison, coal mining employs about 47,000 workers, even as clean energy projects in coal communities aim to revitalize local economies.

The latest monthly analysis for the groups by BW Research Partnership runs contrary to recent Bureau of Labor Statistics (BLS) reports, which indicated that a more robust economic rebound was underway, even as high fuel prices haven't spurred a green shift in adoption, while also acknowledging misclassifications and serious reporting difficulties in its own data.

Bob Keefe, Executive Director at E2, said:

"May's almost 30,000 clean energy jobs loss is sadly an improvement in the rate of jobs shed but make no mistake: There remains huge uncertainty and volatility ahead. It will be very tough for clean energy to make up these continuing job losses without support from Congress. Lawmakers must act now. If they do, we can get hundreds of thousands of these workers back on the job today and build a better, cleaner, more equitable economy for tomorrow. And who doesn't want that?"

Pat Stanton, Policy Director at E4TheFuture, said:

"Most of the time, energy efficiency workers need to go inside homes, businesses and other buildings to get the job done. Since they couldn't do that during COVID lockdowns, they couldn't work. Now states are opening up. But utilities, contractors and building owners need to protect employees and occupants from possible exposure to the virus and need more clarity about potential liabilities."

Gregory Wetstone, President and CEO of ACORE, said:

"In May, we saw thousands of additional renewable energy workers join the ranks of the unemployed, further underscoring the damage COVID-19 is inflicting on our workforce. Since the pandemic began, nearly 100,000 renewable energy workers have lost their jobs. We need help from Congress to get American clean energy workers back to work. With commonsense measures like temporary refundability and a delay in the phasedown of renewable energy tax credits, Congress can help restore these good-paying jobs so the renewable sector can continue to provide the affordable, pollution-free power American consumers and businesses want and deserve."

Phil Jordan, Vice President and Principal at BW Research Partnership, said:

"We understand the challenges and limitations of data collection for BLS in the middle of a global pandemic. But any suggestion that a strong employment rebound is underway in the United States simply is not reflected in the clean energy sector right now. And with PPP expiring, that only increases uncertainty in the months ahead."

The report comes as both the Senate Committee on Energy and Natural Resources and the House Energy and Commerce Committee are considering clean energy stimulus to restart the U.S. economy, and amid assessments of mixed results from the climate law shaping expectations, and as lawmakers in both the House and Senate are increasing calls for supporting clean energy workers and businesses, including this bicameral letter signed by 57 members of Congress and another signed today by 180 House members.

Industries Hit Hardest

According to the analysis, energy efficiency lost more jobs than any other clean energy sector for the third consecutive month in May, shedding about 18,900 jobs. These workers include electricians, HVAC technicians who work with high-efficiency systems, and manufacturing employees who make Energy Star appliances, LED lighting systems and efficient building materials.

Renewable energy, including solar and wind, lost nearly 4,300 jobs in May.

Clean grid and storage and clean vehicles manufacturing -- including grid modernization, energy storage, car charging and electric and plug-in hybrid vehicle manufacturing -- lost a combined 3,200 jobs in May, as energy crisis impacts electricity, gas, and EVs in several ways.

The clean fuels sector lost more than 650 jobs in May.

States and Localities Hit Across Country

California continues to be the hardest hit state in terms of total job losses, losing 4,313 jobs in May and more than 109,700 since the COVID-19 crisis began. Florida was the second hardest hit state in May, losing an additional 2,563 clean energy jobs, while Georgia, Texas, Washington, and Michigan all suffered more than 1,000 job losses across the sector. An additional 12 states saw at least 500 clean energy unemployment filings, and reports like Pennsylvania's clean energy jobs analysis provide added context, according to the latest analysis.

For a full breakdown of clean energy job losses in each state, along with a list of the hardest hit counties and metro areas, see the full analysis here.

 

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Six key trends that shaped Europe's electricity markets in 2020

European Electricity Market Trends 2020 highlight decarbonisation, rising renewables, EV adoption, shifting energy mix, COVID-19 impacts, fuel switching, hydro, wind and solar growth, gas price dynamics, and wholesale electricity price increases.

 

Key Points

EU power in 2020 saw lower emissions, more renewables, EV growth, demand shifts, and higher wholesale prices.

✅ Power sector CO2 down 14% on higher renewables, lower coal

✅ Renewables 39% vs fossil 36%; hydro, wind, solar expanded

✅ EV share hit 17%; wholesale prices rose with gas, ETS costs

 

According to the Market Observatory for Energy DG Energy report, the COVID-19 pandemic and favorable weather conditions are the two key drivers of the trends experienced within the European electricity market in 2020. However, the two drivers were exceptional or seasonal.

The key trends within Europe’s electricity market include:


1. Decrease in power sector’s carbon emissions

As a result of the increase in renewables generation and decrease in fossil-fueled power generation in 2020, the power sector was able to reduce its carbon footprint by 14% in 2020. The decrease in the sector’s carbon footprint in 2020 is similar to trends witnessed in 2019 when fuel switching was the main factor behind the decarbonisation trend.

However, most of the drivers in 2020 were exceptional or seasonal (the pandemic, warm winter, high
hydro generation). However, the opposite is expected in 2021, with the first months of 2021 having relatively cold weather, lower wind speeds and higher gas prices, with stunted hydro and nuclear output also cited, developments which suggest that the carbon emissions and intensity of the power sector could rise.

The European Union is targeting to completely decarbonise its power sector by 2050 through the introduction of supporting policies such as the EU Emissions Trading Scheme, the Renewable Energy Directive and legislation addressing air pollutant emissions from industrial installations, with expectations that low-emissions sources will cover most demand growth in the coming years.

According to the European Environment Agency, Europe halved its power sector’s carbon emissions in 2019 from 1990 levels.


2. Changes in energy consumption

EU consumption of electricity fell by -4% as majority of industries did not operate at full level during the first half of 2020. Although majority of EU residents stayed at home, meaning an increase in residential energy use, rising demand by households could not reverse falls in other sectors of the economy.

However, as countries renewed COVID-19 restrictions, energy consumption during the 4th quarter was closer to the “normal levels” than in the first three quarters of 2020. 

The increase in energy consumption in the fourth quarter of 2020 was also partly due to colder temperatures compared to 2019 and signs of surging electricity demand in global markets.


3. Increase in demand for EVs

As the electrification of the transport system intensifies, the demand for electric vehicles increased in 2020 with almost half a million new registrations in the fourth quarter of 2020. This was the highest figure on record and translated into an unprecedented 17% market share, more than two times higher than in China and six times higher than in the United States.

However, the European Environment Agency (EEA)argues that the EV registrations were lower in 2020 compared to 2019. EEA states that in 2019, electric car registrations were close to 550 000 units, having reached 300 000 units in 2018.


4. Changes in the region’s energy mix and increase in renewable energy generation

The structure of the region’s energy mix changed in 2020, according to the report.

Owing to favorable weather conditions, hydro energy generation was very high and Europe was able to expand its portfolio of renewable energy generation such that renewables (39%) exceeded the share of fossil fuels (36%) for the first time ever in the EU energy mix.

Rising renewable generation was greatly assisted by 29 GW of wind and solar capacity additions in 2020, which is comparable to 2019 levels. Despite disrupting the supply chains of wind and solar resulting in project delays, the pandemic did not significantly slow down renewables’ expansion.

In fact, coal and lignite energy generation fell by 22% (-87 TWh) and nuclear output dropped by 11% (-79 TWh). On the other hand, gas energy generation was not significantly impacted owing to favorable prices which intensified coal-to-gas and lignite-to-gas switching, even as renewables crowd out gas in parts of the market.


5. Retirement of coal energy generation intensify

 As the outlook for emission-intensive technologies worsens and carbon prices rise, more and more early coal retirements have been announced. Utilities in Europe are expected to continue transitioning from coal energy generation under efforts to meet stringent carbon emissions reduction targets and as they try to prepare themselves for future business models that they anticipate to be entirely low-carbon reliant.

6. Increase in wholesale electricity prices

In recent months, more expensive emission allowances, along with rising gas prices, have driven up wholesale electricity prices on many European markets to levels last seen at the beginning of 2019. The effect was most pronounced in countries that are dependent on coal and lignite. The wholesale electricity prices dynamic is expected to filter through to retail prices.

The rapid sales growth in the EVs sector was accompanied by expanding charging infrastructure. The number of high-power charging points per 100 km of highways rose from 12 to 20 in 2020.

 

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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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