Giant power line planned

By Knight Ridder Tribune


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Delmarva Power unveiled a plan for a proposed interstate electric transmission line.

The mid-Atlantic Power Pathway, utility representatives told the state Public Service Commission, is the first interstate transmission line in the region to come along in 25 years.

The last new line connected New York to Washington, D.C.

The proposed $1.2 billion, 230-mile line is designed to ease power congestion on the Delmarva Peninsula, in the Washington-Baltimore area and in southern New Jersey. Power Pathway lines would create what Bill Gausman, vice president of asset management for Delmarva's parent company Pepco Holdings, called a continuous loop through the Maryland, Delaware, New Jersey and Pennsylvania region.

For the first time, the Delmarva Peninsula would be connected to electric sources from the south and west. "It would significantly enhance the reliability of the electric system on the Delmarva Peninsula," Delmarva spokesman Bill Yingling said. Mr. Gausman and Delmarva Power regional president Gary Stockbridge said it's time to expand the transmission grid for more reliable electric supply.

"Although we're excited about this, we recognize it's one piece of the puzzle," Mr. Stockbridge told the PSC and representatives from various state agencies. "We believe it is important to get additional power to the Delmarva Peninsula, since a PJM report indicates that the peninsula will experience a 2.5 percent annual growth in electricity demand over the next decade," Delmarva spokesman Matt Likovich said.

The transmission line would have a Dover connection. Power Pathway lines would serve utilities up and down the peninsula, Mr. Yingling said, and therefore could travel along the existing Delmarva Power rights of way in Delaware.

Since Delmarva has power lines that run through the Dover area, Mr. Yingling said, the vast majority of the new lines would run through these existing rights of way. The transmission line would increase power import capability onto the peninsula by more than 1,000 megawatts, or 1 million homes. Some of the power sources placed on the grid would be from coal-fired and nuclear power plants.

PSC executive director Bruce H. Burcat said Delaware already receives some of its electricity from nuclear sources, such as New Jersey-based plants. Because Delmarva Power still has to acquire various permits in multiple states, the utility isn't sure when it will be able to start construction on the project, although it hopes to begin next year and finish by 2014.

"They still have a long way to go," Mr. Burcat said. "They have to get a lot of things done by 2014."

Delmarva has a proposed memorandum of understanding between Eastern Shore Natural Gas Corp. and Maryland Broadband Cooperative to identify and select a utility corridor crossing the Chesapeake Bay, minimize environmental impacts from construction and perform joint environmental studies.

It must establish agreements with environmental and engineering consulting firms, review existing easement agreements and determine where additions are needed and new agreements are required. It has letters of support from Gov. Ruth Ann Minner, the Delmarva Peninsula Planning Association, Delaware Municipal Electric Corp. and Delaware Electric Cooperative.

Mr. Gausman said the cost of the project would be shared throughout the region. The Delmarva Peninsula customer share would be less than 10 percent, he said.

Mr. Stockbridge said members of PJM Interconnection, one of the world's largest power grids, approved the project in October.

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Duke solar solicitation nearly 6x over-subscribed

Duke Energy Carolinas Solar RFP draws 3.9 GW of utility-scale bids, oversubscribed in DEP and DEC, below avoided cost rates, minimal battery storage, strict PPA terms, and interconnection challenges across North and South Carolina.

 

Key Points

Utility-scale solar procurement in DEC and DEP, evaluated against avoided cost, with few storage bids and PPA terms.

✅ 3.9 GW bids for 680 MW; DEP most oversubscribed

✅ Most projects 7-80 MWac; few include battery storage

✅ Bids must price below 20-year avoided cost estimate

 

Last week the independent administrator for Duke’s 680 MW solar solicitation revealed data about the projects which have bid in response to the offer, showing a massive amount of interest in the opportunity.

Overall, 18 individuals submitted bids for projects in Duke Energy Carolinas (DEC) territory and 10 in Duke Energy Progress (DEP), with a total of more than 3.9 GW of proposals – more nearly 6x the available volume. DEP was relatively more over-subscribed, with 1.2 GWac of projects vying for only 80 MW of available capacity.

This is despite a requirement that such projects come in below the estimate of Duke’s avoided cost for the next 20 years, and amid changes in solar compensation that could affect project economics. Individual projects varied in capacity from 7-80 MWac, with most coming within the upper portion of that range.

These bids will be evaluated in the spring of 2019, and as Duke Energy Renewables continues to expand its portfolio, Duke Energy Communications Manager Randy Wheeless says he expects the plants to come online in a year or two.

 

Lack of storage

Despite recent trends in affordable batteries, of the 78 bids that came in only four included integrated battery storage. Tyler Norris, Cypress Creek Renewables’ market lead for North Carolina, says that this reflects that the methodology used is not properly valuing storage.

“The lack of storage in these bids is a missed opportunity for the state, and it reflects a poorly designed avoided cost rate structure that improperly values storage resources, commercially unreasonable PPA provisions, and unfavorable interconnection treatment toward independent storage,” Norris told pv magazine.

“We’re hopeful that these issues will be addressed in the second RFP tranche and in the current regulatory proceedings on avoided cost and state interconnection standards and grid upgrades across the region.”

 

Limited volume for North Carolina?

Another curious feature of the bids is that nearly the same volume of solar has been proposed for South Carolina as North Carolina – despite this solicitation being in response to a North Carolina law and ongoing legal disputes such as a church solar case that challenged the state’s monopoly model.

 

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Ontario's electricity operator kept quiet about phantom demand that cost customers millions

IESO Fictitious Demand Error inflated HOEP in the Ontario electricity market, after embedded generation was mis-modeled; the OEB says double-counted load lifted wholesale prices and shifted costs via the Global Adjustment.

 

Key Points

An IESO modeling flaw that double-counted load, inflating HOEP and charges in Ontario's wholesale market.

✅ Double-counted unmetered load from embedded generation

✅ Inflated HOEP; shifted costs via Global Adjustment

✅ OEB flagged transparency; exporters paid more

 

For almost a year, the operator of Ontario’s electricity system erroneously counted enough phantom demand to power a small city, causing prices to spike and hundreds of millions of dollars in extra charges to consumers, according to the provincial energy regulator.

The Independent Electricity System Operator (IESO) also failed to tell anyone about the error once it noticed and fixed it.

The error likely added between $450 million and $560 million to hourly rates and other charges before it was fixed in April 2017, according to a report released this month by the Ontario Energy Board’s Market Surveillance Panel.

It did this by adding as much as 220 MW of “fictitious demand” to the market starting in May 2016, when the IESO started paying consumers who reduced their demand for power during peak periods. This involved the integration of small-scale embedded generation (largely made up of solar) into its wholesale model for the first time.

The mistake assumed maximum consumption at such sites without meters, and double-counted that consumption.

The OEB said the mistake particularly hurt exporters and some end-users, who did not benefit from a related reduction of a global adjustment rate applicable to other customers.

“The most direct impact of the increase in HOEP (Hourly Ontario Energy Price) was felt by Ontario consumers and exporters of electricity, who paid an artificially high HOEP, to the benefit of generators and importers,” the OEB said.

The mix-up did not result in an equivalent increase in total system costs, because changes to the HOEP are offset by inverse changes to a electricity cost allocation mechanism such as the Global Adjustment rate, the OEB noted.


A chart from the OEB's report shows the time of day when fictitious demand was added to the system, and its influence on hourly rates.

Peak time spikes
The OEB said that the fictitious demand “regularly inflated” the hourly price of energy and other costs calculated as a direct function of it.

For almost a year, Ontario's electricity system operator @IESO_Tweets erroneously counted enough phantom demand to power a small city, causing price spikes and hundreds of millions in charges to consumers, @OntEnergyBoard says. @5thEstate reports.

It estimated the average increase to the HOEP was as much as $4.50/MWh, but that price spikes, compounded by scheduled OEB rate changes, would have been much higher during busier times, such as the mid-morning and early evening.

“In times of tight supply, the addition of fictitious demand often had a dramatic inflationary impact on the HOEP,” the report said.

That meant on one summer evening in 2016 the hourly rate jumped to $1,619/MWh, it said, which was the fourth highest in the history of the Ontario wholesale electricity market.

“Additional demand is met by scheduling increasingly expensive supply, thus increasing the market price. In instances where supply is tight and the supply stack is steep, small increases in demand can cause significant increases in the market price.

The OEB questioned why, as of September this year, the IESO had failed to notify its customers or the broader public, amid a broader auditor-regulator dispute that drew political attention, about the mistake and its effect on prices.

“It's time for greater transparency on where electricity costs are really coming from,” said Sarah Buchanan, clean energy program manager at Environmental Defence.

“Ontario will be making big decisions in the coming years about whether to keep our electricity grid clean, or burn more fossil fuels to keep the lights on,” she added. “These decisions need to be informed by the best possible evidence, and that can't happen if critical information is hidden.”

In a response to the OEB report on Monday, the IESO said its own initial analysis found that the error likely pushed wholesale electricity payments up by $225 million. That calculation assumed that the higher prices would have changed consumer behaviour, while upcoming electricity auctions were cited as a way to lower costs, it said.

In response to questions, a spokesperson said residential and small commercial consumers would have saved $11 million in electricity costs over the 11-month period, even as a typical bill increase loomed province-wide, while larger consumers would have paid an extra $14 million.

That is because residential and small commercial customers pay some costs via time-of-use rates, including a temporary recovery rate framework, the IESO said, while larger customers pay them in a way that reflects their share of overall electricity use during the five highest demand hours of the year.

The IESO said it could not compensate those that had paid too much, given the complexity of the system, and that the modelling error did not have a significant impact on ratepayers.

While acknowledging the effects of the mistake would vary among its customers, the IESO said the net market impact was less than $10 million, amid ongoing legislation to lower electricity rates in Ontario.

It said it would improve testing of its processes prior to deployment and agreed to publicly disclose errors that significantly affect the wholesale market in the future.

 

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Purdue: As Ransomware Attacks Increase, New Algorithm May Help Prevent Power Blackouts

Infrastructure Security Algorithm prioritizes cyber defense for power grids and critical infrastructure, mitigating ransomware, blackout risks, and cascading failures by guiding utilities, regulators, and cyber insurers on optimal security investment allocation.

 

Key Points

An algorithm that optimizes security spending to cut ransomware and blackout risks across critical infrastructure.

✅ Guides utilities on optimal security allocation

✅ Uses incentives to correct human risk biases

✅ Prioritizes assets to prevent cascading outages

 

Millions of people could suddenly lose electricity if a ransomware attack just slightly tweaked energy flow onto the U.S. power grid, as past US utility intrusions have shown.

No single power utility company has enough resources to protect the entire grid, but maybe all 3,000 of the grid's utilities could fill in the most crucial security gaps if there were a map showing where to prioritize their security investments.

Purdue University researchers have developed an algorithm to create that map. Using this tool, regulatory authorities or cyber insurance companies could establish a framework for protecting the U.S. power grid that guides the security investments of power utility companies to parts of the grid at greatest risk of causing a blackout if hacked.

Power grids are a type of critical infrastructure, which is any network - whether physical like water systems or virtual like health care record keeping - considered essential to a country's function and safety. The biggest ransomware attacks in history have happened in the past year, affecting most sectors of critical infrastructure in the U.S. such as grain distribution systems in the food and agriculture sector and the Colonial Pipeline, which carries fuel throughout the East Coast, prompting increased military preparation for grid hacks in the U.S.

With this trend in mind, Purdue researchers evaluated the algorithm in the context of various types of critical infrastructure in addition to the power sector, including electricity-sector IoT devices that interface with grid operations. The goal is that the algorithm would help secure any large and complex infrastructure system against cyberattacks.

"Multiple companies own different parts of infrastructure. When ransomware hits, it affects lots of different pieces of technology owned by different providers, so that's what makes ransomware a problem at the state, national and even global level," said Saurabh Bagchi, a professor in the Elmore Family School of Electrical and Computer Engineering and Center for Education and Research in Information Assurance and Security at Purdue. "When you are investing security money on large-scale infrastructures, bad investment decisions can mean your power grid goes out, or your telecommunications network goes out for a few days."

Protecting infrastructure from hacks by improving security investment decisions

The researchers tested the algorithm in simulations of previously reported hacks to four infrastructure systems: a smart grid, industrial control system, e-commerce platform and web-based telecommunications network. They found that use of this algorithm results in the most optimal allocation of security investments for reducing the impact of a cyberattack.

The team's findings appear in a paper presented at this year's IEEE Symposium on Security and Privacy, the premier conference in the area of computer security. The team comprises Purdue professors Shreyas Sundaram and Timothy Cason and former PhD students Mustafa Abdallah and Daniel Woods.

"No one has an infinite security budget. You must decide how much to invest in each of your assets so that you gain a bump in the security of the overall system," Bagchi said.

The power grid, for example, is so interconnected that the security decisions of one power utility company can greatly impact the operations of other electrical plants. If the computers controlling one area's generators don't have adequate security protection, as seen when Russian hackers accessed control rooms at U.S. utilities, then a hack to those computers would disrupt energy flow to another area's generators, forcing them to shut down.

Since not all of the grid's utilities have the same security budget, it can be hard to ensure that critical points of entry to the grid's controls get the most investment in security protection.

The algorithm that Purdue researchers developed would incentivize each security decision maker to allocate security investments in a way that limits the cumulative damage a ransomware attack could cause. An attack on a single generator, for instance, would have less impact than an attack on the controls for a network of generators, which sophisticated grid-disruption malware can target at scale, rather than for the protection of a single generator.

Building an algorithm that considers the effects of human behavior

Bagchi's research shows how to increase cybersecurity in ways that address the interconnected nature of critical infrastructure but don't require an overhaul of the entire infrastructure system to be implemented.

As director of Purdue's Center for Resilient Infrastructures, Systems, and Processes, Bagchi has worked with the U.S. Department of Defense, Northrop Grumman Corp., Intel Corp., Adobe Inc., Google LLC and IBM Corp. on adopting solutions from his research. Bagchi's work has revealed the advantages of establishing an automatic response to attacks, and analyses like Symantec's Dragonfly report highlight energy-sector risks, leading to key innovations against ransomware threats, such as more effective ways to make decisions about backing up data.

There's a compelling reason why incentivizing good security decisions would work, Bagchi said. He and his team designed the algorithm based on findings from the field of behavioral economics, which studies how people make decisions with money.

"Before our work, not much computer security research had been done on how behaviors and biases affect the best defense mechanisms in a system. That's partly because humans are terrible at evaluating risk and an algorithm doesn't have any human biases," Bagchi said. "But for any system of reasonable complexity, decisions about security investments are almost always made with humans in the loop. For our algorithm, we explicitly consider the fact that different participants in an infrastructure system have different biases."

To develop the algorithm, Bagchi's team started by playing a game. They ran a series of experiments analyzing how groups of students chose to protect fake assets with fake investments. As in past studies in behavioral economics, they found that most study participants guessed poorly which assets were the most valuable and should be protected from security attacks. Most study participants also tended to spread out their investments instead of allocating them to one asset even when they were told which asset is the most vulnerable to an attack.

Using these findings, the researchers designed an algorithm that could work two ways: Either security decision makers pay a tax or fine when they make decisions that are less than optimal for the overall security of the system, or security decision makers receive a payment for investing in the most optimal manner.

"Right now, fines are levied as a reactive measure if there is a security incident. Fines or taxes don't have any relationship to the security investments or data of the different operators in critical infrastructure," Bagchi said.

In the researchers' simulations of real-world infrastructure systems, the algorithm successfully minimized the likelihood of losing assets to an attack that would decrease the overall security of the infrastructure system.

Bagchi's research group is working to make the algorithm more scalable and able to adapt to an attacker who may make multiple attempts to hack into a system. The researchers' work on the algorithm is funded by the National Science Foundation, the Wabash Heartland Innovation Network and the Army Research Lab.

Cybersecurity is an area of focus through Purdue's Next Moves, a set of initiatives that works to address some of the greatest technology challenges facing the U.S. Purdue's cybersecurity experts offer insights and assistance to improve the protection of power plants, electrical grids and other critical infrastructure.

 

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Energy UK - Switching surge continues

UK Energy Switching Surge sees 600,000 customers change suppliers in October, driven by competition, the Energy Switch Guarantee, and better tariffs, with Electralink's DTN supporting customer switching and Ofgem oversight.

 

Key Points

A rise in UK customers switching electricity suppliers in October, driven by competition and the Energy Switch Guarantee.

✅ 600,000 switches recorded in October

✅ 32% moved to small and mid-tier suppliers

✅ Energy Switch Guarantee assures simple, safe transfers

 

More than 600,000 customers took steps to save on their energy bills this winter by switching electricity provider in October, as forecasts such as a 16% bill decrease in April offer further encouragement, the latest figures from Energy UK reveal.

A third (32 per cent) of those changing providers in October moved to small and mid-tier suppliers.

Regional markets have seen changes too, including Irish electricity price increases that highlight wider cost pressures.

With recent research showing that that nine in ten energy switchers were happy with the process of changing suppliers and with the reassurance provided by the Energy Switch Guarantee - a series of commitments ensuring switches are simple, speedy and safe - and amid MPs proposing price restrictions to protect consumers, more and more customers are now confident when looking to move.

Lawrence Slade, chief executive of Energy UK said: 'Switching continues to surge with over 600,000 customers changing supplier to find a better deal last month. Many more will have made savings by checking they are on the best deal with their current supplier. It only takes a few minutes to do this and with over 55 suppliers across the market, there's never been more competition or choice.'

Around 75 per cent of the market are signatories of the Guarantee. This includes: British Gas, Bulb Energy, E.ON, EDF Energy, First Utility, Flow Energy, npower, Octopus Energy, Pure Planet, Sainsbury's Energy, Scottish Power, So Energy and Tonik Energy.

The switching data is supplied by Electralink who provides a secure service to transfer data between the electricity market participants. The company operates the Data Transfer Network (DTN) which underpins customer switching, meter interoperability and other business processes critical to a competitive electricity market, where knowing where your electricity comes from can support informed choices.

The data referenced in these reports is since our collection of data only and is for electricity only.

These figures do not include internal electricity switching, and statistics on this from the larger suppliers and on Standard Variable Tariffs can be viewed on the Ofgem website, while ministers consider ending the gas-electricity price link to reduce bills.

 

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Trump Tariff Threat Delays Quebec's Green Energy Bill

Quebec Energy Bill Tariff Delay disrupts Canada-U.S. trade, renewable energy investment, hydroelectric expansion, and clean technology projects, as Trump tariffs on aluminum and steel raise costs, threatening climate targets and green infrastructure timelines.

 

Key Points

A policy pause in Quebec from U.S. tariff threats, disrupting clean investment, hydro expansion, and climate targets.

✅ Tariff risk inflates aluminum and steel project costs.

✅ Quebec delays clean energy legislation amid trade uncertainty.

✅ Hydroelectric reliance complicates emissions reduction timelines.

 

The Trump administration's tariff threat has had a significant impact on Quebec's energy sector, with tariff threats boosting support for projects even as the uncertainty resulted in the delay of a critical energy bill. Originally introduced to streamline energy development and tackle climate change, the bill was meant to help transition Quebec towards greener alternatives while fostering economic growth. However, the U.S. threat to impose tariffs on Canadian goods, including energy products, introduced a wave of uncertainty that led to a pause in the bill's legislative process.

Quebec’s energy bill had ambitious goals of transitioning to renewable sources like wind, solar, and hydroelectric power. It sought to support investments in clean technologies and the expansion of the province's clean energy infrastructure, as the U.S. demand for Canadian green power continues to grow across the border. Moreover, it emphasized the reduction of carbon emissions, an important step towards meeting Quebec's climate targets. At its core, the bill aimed to position the province as a leader in green energy development in Canada and globally.

The interruption caused by President Donald Trump's tariff rhetoric has, however, cast a shadow over the legislation. Tariffs, if enacted, would disproportionately affect Canada's energy exports, with electricity exports at risk under growing tensions, particularly in sectors like aluminum and steel, which are integral to energy infrastructure development. These tariffs could increase the cost of energy-related projects, thereby hindering Quebec's ability to achieve its renewable energy goals and reduce carbon emissions in a timely manner.

The tariff threat was seen as a part of the broader trade tensions between the U.S. and Canada, a continuation of the trade war that had escalated under Trump’s presidency. In this context, the Quebec government was forced to reconsider its legislative priorities, with policymakers citing concerns over the potential long-term consequences on the energy industry, as leaders elsewhere threatened to cut U.S.-bound electricity to exert leverage. With the uncertainty around tariffs and trade relations, the government opted to delay the bill until the geopolitical situation stabilized.

This delay underscores the vulnerability of Quebec’s energy agenda to external pressures. While the provincial government had set its sights on an ambitious green energy future, it now faces significant challenges in ensuring that its projects remain economically viable under the cloud of potential tariffs, even as experts warn against curbing Quebec's exports during the dispute. The delay in the energy bill also reflects broader challenges faced by the Canadian energy sector, which is highly integrated with the U.S. market.

The situation is further complicated by the province's reliance on hydroelectric power, a cornerstone of its energy strategy that supplies markets like New York, where tariffs could spike New York energy prices if cross-border flows are disrupted. While hydroelectric power is a clean and renewable source of energy, there are concerns about the environmental impact of large-scale dams, and these concerns have been growing in recent years. The tariff threat may prompt a reevaluation of Quebec’s energy mix and force the government to balance its environmental goals with economic realities.

The potential imposition of tariffs also raises questions about the future of North American energy cooperation. Historically, Canada and the U.S. have enjoyed a symbiotic energy relationship, with significant energy trade flowing across the border. The energy bill in Quebec was designed with the understanding that cross-border energy trade would continue to thrive. The Trump administration's tariff threat, however, casts doubt on this stability, forcing Quebec lawmakers to reconsider how they proceed with energy policy in a more uncertain trade environment.

Looking forward, Quebec's energy sector will likely need to adjust its strategies to account for the possibility of tariffs, while still pushing for a sustainable energy future, especially if Biden outlook for Canada's energy proves more favorable for the sector in the medium term. It may also open the door for deeper discussions about diversification, both in terms of energy sources and trade partnerships, as Quebec seeks to mitigate the impact of external threats. The delay in the energy bill, though unfortunate, may serve as a wake-up call for Canadian lawmakers to rethink how they balance environmental goals with global trade realities.

Ultimately, the Trump tariff threat highlights the delicate balance between regional energy ambitions and international trade dynamics. For Quebec, the delay in the energy bill could prove to be a pivotal moment in shaping the future of its energy policy.

 

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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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