Market restructuring report ‘constructive’ but ‘inconclusive’

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In response to a September 2008 report by the U.S. Government Accountability Office entitled “Electricity Restructuring: FERC Could Take Additional Steps to Analyze Regional Transmission Organizations’ Benefits and Performance,” the American Public Power Association said the report was constructive in pointing out the lack of evidence on the benefits of Regional Transmission Organizations (RTOs).

APPA supports the GAOÂ’s recommendation that the Federal Energy Regulatory Commission provide stronger oversight of RTO budgets and expenses and initiate performance measures to better quantify the benefits of RTO markets to consumers.

APPA believes, however, that the report itself is inconclusive in that it does not answer the fundamental question of whether consumers are better off as a result of RTO operation of electricity markets. APPA has commissioned a series of studies of these wholesale markets and these studies suggest evidence of undue market power, market manipulation, and higher electricity prices for consumers already reeling from a slumping U.S. economy. APPA recommends that the GAO conduct additional in-depth investigations into the design features of RTO markets.

APPA noted the report indicates that the broad disagreement about whether RTOs are in fact producing their expected consumer benefits remains unresolved because FERC “has not developed… comprehensive, standardized measures that Congress and the public could use to identify and track RTO performance.”

APPA pointed to the GAO statement that “FERC officials share the view that RTOs have resulted in benefits to the economy, such as new efficiencies in operating the regional transmission grid, but FERC has not conducted an empirical analysis to measure whether these benefits were realized or developed a comprehensive set of publicly available, standardized measures that can be used to evaluate RTO performance.”

APPA agrees and shares the concern raised by the GAO finding that FERC assumes RTO markets are competitive and consumers are benefiting without providing the necessary data to support that assumption.

While many observers find that implementation of RTOs has resulted in some efficiencies in the operation of generation facilities, GAO pointed out that it has not been demonstrated that these savings have been passed on to consumers. As the GAO report states, “Lowering the cost of electricity production can result in lower electricity prices, higher profits for generators and others that sell electric power, or a combination of both effects.”

APPA has previously raised serious questions about the level of generatorsÂ’ profits and believes this would be a useful subject to pursue in further studies.

APPA applauded the reportÂ’s conclusions that FERC needs to conduct more stringent oversight of RTO performance, including budgets and expenses, and establish the metrics against which consumer benefits can accurately be measured. Until such analysis is conducted, no conclusions can be drawn about whether RTO-run electricity markets are successfully benefiting consumers.

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Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

 

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

 

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

 

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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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Philippines Reaffirms Clean Energy Commitment at APEC Summit

Philippines Clean Energy Commitment underscores APEC-aligned renewables, energy transition, and climate resilience, backed by policy incentives, streamlined regulation, technology transfer, and public-private investments to boost energy security, jobs, and sustainable growth.

 

Key Points

It is the nation's pledge to scale renewables and build climate resilience through APEC-aligned energy policy.

✅ Policy incentives, PPPs, and streamlined permits

✅ Grid upgrades, storage, and smart infrastructure

✅ Regional cooperation on tech transfer and capacity building

 

At the recent Indo-Pacific Economic Cooperation (APEC) Summit, the Philippines reiterated its dedication to advancing clean energy initiatives as part of its sustainable development agenda. This reaffirmation underscores the country's commitment to mitigating climate change impacts, promoting energy security, and fostering economic resilience through renewable energy solutions, with insights from an IRENA study on the power crisis informing policy direction.

Strategic Goals and Initiatives

During the summit, Philippine representatives highlighted strategic goals aimed at enhancing clean energy adoption and sustainability practices. These include expanding renewable energy infrastructure, accelerating energy transition efforts toward 100% renewables targets, and integrating climate resilience into national development plans.

Policy Framework and Regulatory Support

The Philippines has implemented a robust policy framework to support clean energy investments and initiatives. This includes incentives for renewable energy projects, streamlined regulatory processes, and partnerships with international stakeholders, such as ADFD-IRENA funding initiatives, to leverage expertise and resources in advancing sustainable energy solutions.

Role in Regional Cooperation

As an active participant in regional economic cooperation, the Philippines collaborates with APEC member economies to promote knowledge sharing, technology transfer, and capacity building in renewable energy development, as over 30% of global electricity is now generated from renewables, reinforcing the momentum. These partnerships facilitate collective efforts to address energy challenges and achieve mutual sustainability goals.

Economic and Environmental Benefits

Investing in clean energy not only reduces greenhouse gas emissions but also stimulates economic growth and creates job opportunities in the renewable energy sector. The Philippines recognizes the dual benefits of transitioning to cleaner energy sources, with projects like the Aboitiz geothermal financing award illustrating private-sector momentum, contributing to long-term economic stability and environmental stewardship.

Challenges and Opportunities

Despite progress, the Philippines faces challenges such as energy access disparities, infrastructure limitations, and financing constraints in scaling up clean energy projects, amid regional signals like India's solar slowdown and coal resurgence that underscore transition risks. Addressing these challenges requires innovative financing mechanisms, public-private partnerships, and community engagement to ensure inclusive and sustainable development.

Future Outlook

Moving forward, the Philippines aims to accelerate clean energy deployment through strategic investments, technology innovation, and policy coherence, aligning with the U.S. clean energy market trajectory toward majority share to capture emerging opportunities. Embracing renewable energy as a cornerstone of its economic strategy positions the country to attract investments, enhance energy security, and achieve resilience against global energy market fluctuations.

Conclusion

The Philippines' reaffirmation of its commitment to clean energy at the APEC Summit underscores its leadership in promoting sustainable development and addressing climate change challenges. By prioritizing renewable energy investments and fostering regional cooperation, the Philippines aims to build a resilient energy infrastructure that supports economic growth and environmental sustainability. As the country continues to navigate its energy transition journey, collaboration and innovation will be key in realizing a clean energy future that benefits present and future generations.

 

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OpenAI Expands Washington Effort to Shape AI Policy

OpenAI Washington Policy Expansion spotlights AI policy, energy infrastructure, data centers, and national security, advocating AI economic zones and a national transmission grid to advance U.S. competitiveness and align with pro-tech administration priorities.

 

Key Points

OpenAI's D.C. push to scale policy outreach and AI infrastructure across energy, data centers, and national security.

✅ Triples D.C. policy team to expand bipartisan engagement

✅ Advocates AI economic zones and transmission grid build-out

✅ Aligns with pro-tech leadership, prioritizing national security

 

OpenAI, the creator of ChatGPT, is significantly expanding its presence in Washington, D.C., aiming to influence policy decisions that will shape the future of artificial intelligence (AI) and its integration into critical sectors like energy and national security. This strategic move comes as the company seeks to position itself as a key player in the U.S. economic and security landscape, particularly in the context of global competition with China in strategic industries.

Expansion of Policy Team

To enhance its influence, OpenAI is tripling the size of its Washington policy team. While the 12-person team is still smaller compared to tech giants like Amazon and Meta, it reflects OpenAI's commitment to engaging more actively with policymakers, as debates over Biden's climate law shape the regulatory landscape. The company has recruited individuals from across the political spectrum, including former aides to President Bill Clinton and Vice President Al Gore, to ensure a diverse and comprehensive approach to policy advocacy.

Strategic Initiatives

OpenAI is promoting an ambitious plan to develop tech and energy infrastructure tailored for AI development. This initiative aims to deliver more affordable energy to data centers and reduce corporate electricity bills, which are essential for AI operations. The company is advocating for the establishment of AI economic zones and a national transmission highway to support the growing energy demands of AI technologies. By aligning these proposals with the incoming Trump administration's pro-tech stance, OpenAI seeks to secure federal support for its projects.

Engagement with the Trump Administration

The transition from the Biden administration to the incoming Trump administration presents new opportunities for OpenAI, even as state legal challenges shape early energy policy moves. The Trump administration is perceived as more favorable toward the tech industry, with appointments of Silicon Valley figures like Elon Musk and David Sacks to key positions. OpenAI is leveraging this environment to advocate for policies that support AI development and infrastructure expansion, positioning itself as a strategic asset in the U.S.-China economic and security competition.

The AI industry is increasingly viewed as a critical component of national security and economic competitiveness. OpenAI's efforts to engage with policymakers reflect a broader industry push to be recognized as a vital player in the U.S. economic and security landscape. By promoting AI as a strategic asset, OpenAI aims to secure support for its initiatives, including clean-energy projects in coal communities, and ensure that the U.S. remains at the forefront of AI innovation.

OpenAI's strategic expansion in Washington, D.C., underscores its commitment to influencing policy decisions that will shape the future of AI and its integration into critical sectors. By enhancing its policy team, advocating for infrastructure development, where Alberta's data center boom illustrates rising demand, and aligning with the incoming administration's priorities, even as energy dominance goals face real-world constraints, OpenAI aims to position itself as a key player in the evolving landscape of artificial intelligence. This proactive approach reflects the company's recognition of the importance of policy engagement in driving innovation and securing a competitive edge in the global AI arena.

 

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California Halts Energy Rebate Program Amid Trump Freeze

California energy rebate freeze disrupts heat pump incentives, HVAC upgrades, and climate funding, as federal uncertainty stalls Inflation Reduction Act support, delaying home electrification, energy efficiency gains, and greenhouse gas emissions reductions statewide.

 

Key Points

A statewide pause on $290M incentives for heat pumps and HVAC upgrades due to federal climate funding uncertainty.

✅ $290M program paused amid federal funding freeze

✅ Heat pump, HVAC, electrification upgrades delayed

✅ Previously approved rebates honored; new apps halted

 

California’s push for a more energy-efficient future has hit a significant roadblock as the state pauses a $290 million rebate program aimed at helping homeowners replace inefficient heating and cooling systems with more energy-efficient alternatives. The California Energy Commission announced the suspension of the program, citing uncertainty stemming from President Donald Trump’s decision to freeze funding for various climate-related initiatives.

The Halted Program

The energy rebate program, which utilizes federal funding to encourage the use of energy-efficient appliances such as heat pumps, was a crucial part of California’s efforts to reduce energy consumption and greenhouse gas emissions. By providing financial incentives for homeowners to upgrade to more efficient heating and cooling systems, the program aimed to make green energy solutions more accessible and affordable to residents. The rebate program had been popular, with many homeowners eager to participate in the initiative to lower their energy costs and improve the sustainability of their homes.

However, due to the uncertainty surrounding federal funding, the California Energy Commission announced on Monday that it would no longer be accepting new applications for the program. The agency did clarify that it would continue to honor rebates for applications that had already been approved. The pause will remain in effect until the Trump administration provides more clarity regarding the program's future funding.

The Trump Administration’s Role

This move highlights a broader issue regarding access to federal funding for state-level energy programs. The Trump administration’s decision to freeze funding for climate-related initiatives has left many states in limbo, as previously approved federal money has not been distributed as expected. Despite federal court rulings directing the Trump administration to restore these funds, states like California are still struggling to navigate the uncertainty of climate-related financial support from the federal government.

California’s decision to pause the rebate program comes after similar actions by other states. Arizona paused a similar program just a week prior, and Rhode Island had already paused new applications earlier this year. These states are all recipients of funding from a larger $4.3 billion initiative under the Inflation Reduction Act, which is designed to help homeowners purchase energy-efficient appliances like heat pumps, water heaters, and electric cooktops.

Impact of the Freeze

The pause of California's rebate program has serious implications for both consumers and the state’s energy goals. For residents, the halt means delays in the ability to upgrade to more energy-efficient home systems, which could lead to higher energy costs in the short term, a concern amid soaring electricity prices across the state.

The $290 million program was a significant step in encouraging homeowners to invest in energy efficiency, and its suspension leaves a gap in the availability of resources for those who were hoping to make energy-saving upgrades. Many of these upgrades are not just beneficial to homeowners, but they also contribute to the state’s overall energy efficiency goals, helping to reduce reliance on non-renewable energy sources, even as California's dependence on fossil fuels persists, and decrease greenhouse gas emissions.

Federal and State Tensions

The freeze in funding is just one of many points of tension between the Trump administration and states like California, which have pursued aggressive environmental policies aimed at reducing emissions and combating climate change. California has often found itself at odds with the federal government on environmental issues, especially under the leadership of President Trump. The state’s ambitious environmental policies have sometimes clashed with the federal government's approach, including efforts to wind down its fossil fuel industry in line with climate goals.

In this case, the freeze on climate-related funding appears to be part of a broader strategy by the Trump administration to limit federal spending on environmental programs, and as regulators weigh whether the state may need more power plants, planning remains complex. While the freeze impacts states that are working to transition to clean energy, critics argue that such moves undermine efforts to tackle climate change and could slow down progress toward a greener future.

The Path Forward

For California, the next steps will depend heavily on the actions of the federal government. While the state can continue to push for climate funding in the courts, the lack of clarity around the release of federal funds creates uncertainty for state programs that rely on these resources. As California continues to navigate this funding freeze, it will need to explore alternative solutions to keep its energy efficiency programs on track, such as efforts to revamp electricity rates to clean the grid, even in the face of federal challenges.

In the meantime, California residents and homeowners who were hoping to take advantage of the rebate program may have to wait until further clarification from the federal government is provided, even as officials warn of a looming electricity shortage in coming years. Whether the program can be restored or expanded in the future remains to be seen, but for now, the pause serves as a reminder of the ongoing struggles that states face when dealing with shifting federal priorities.

As the issue unfolds, other states facing similar challenges may take cues from California’s actions, and with California exporting energy policies to Western states, broader conversations about how federal and state governments can collaborate to ensure that energy efficiency initiatives and climate goals are not sidelined due to political or budgetary differences.

California’s decision to pause its $290 million energy rebate program is a significant development in the ongoing struggle between state and federal governments over climate-related funding. The uncertainty created by the Trump administration’s freeze on energy efficiency programs has led to disruptions in state-level efforts to promote sustainability and reduce emissions. As the situation continues to evolve, both California and other states will need to consider how to move forward without relying on federal funding that may or may not be available in the future.

 

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Should California classify nuclear power as renewable?

California Nuclear Renewable Bill AB 2898 seeks to add nuclear to the Renewables Portfolio Standard, impacting Diablo Canyon, PG&E compliance, carbon-free targets, and potential license extensions while addressing climate goals and natural gas reliance.

 

Key Points

A bill to add nuclear to California's RPS, influencing Diablo Canyon, PG&E planning, and carbon-free climate targets.

✅ Reclassifies nuclear as renewable in California's RPS.

✅ Could influence Diablo Canyon license extension and ownership.

✅ Targets carbon-free goals while limiting natural gas reliance.

 

Although he admits it's a long shot, a member of the California Legislature from the district that includes the Diablo Canyon nuclear plant has introduced a bill that would add nuclear power to the state's list of renewable energy sources.

"I think that nuclear power is an important component of generating large-scale electricity that's good for the environment," said Jordan Cunningham, R-San Luis Obispo. "Without nuclear as part of the renewable portfolio, we're going to have tremendous difficulty meeting the state's climate goals without a significant cost increase on electricity ratepayers."

Established in 2002, California's Renewables Portfolio Standard spells out the power sources eligible to count toward the state's goals to wean itself of fossil fuels. The list includes solar, wind, biomass, geothermal, small hydroelectric facilities and even tidal currents. The standard has been updated, currently calling for 60 percent of California's electricity to come from renewables by 2030 and 100 percent from carbon-free sources by 2045, even as some analyses argue net-zero emissions may be difficult to achieve without nuclear power.

Nuclear power is not part of the portfolio standard and Diablo Canyon — the only remaining nuclear plant in California — is scheduled to stop producing electricity by 2025, even as some Southern California plant closures face postponement to maintain grid reliability.

Pacific Gas & Electric, the operators of Diablo Canyon, announced in 2016 an agreement with a collection of environmental and labor groups to shut down the plant, often framed as part of a just transition for workers and communities. PG&E said Diablo will become uneconomical to run due to changes in California's power grid — such as growth of renewable energy sources, increased energy efficiency measures and the migration of customers from traditional utilities to community choice energy programs.

But Cunningham thinks the passage of Assembly Bill 2898, which he introduced last week, — as innovators like Bill Gates' mini-reactor venture tout new designs — could give the plant literally a new lease on life.

"If PG&E were able to count the power produced (at Diablo) toward its renewable goals, it might — I'm not saying it will or would, but it might — cause them to reconsider applying to extend the operating license at Diablo," Cunningham said.

Passing the bill, supporters say, could also make Diablo Canyon attractive to an outside investor to purchase and then apply to the Nuclear Regulatory Commission for a license extension.

But nuclear power has long generated opposition in California and AB 2898 will face long odds in Sacramento, and similar efforts elsewhere have drawn opposition from power producers as well. The Legislature is dominated by Democrats, who have expressed more interest in further developing wind and solar energy projects than offering a lifeline to nuclear.

And if the bill managed to generate momentum, anti-nuclear groups will certainly be quick to mobilize, reflecting a national energy debate over Three Mile Island and whether to save struggling plants.

When told of Cunningham's bill, David Weisman, outreach coordinator for the Alliance for Nuclear Responsibility, said flatly, "Diablo Canyon has become a burdensome, costly nuclear white elephant."

Critics say nuclear power by definition cannot be considered renewable because it leaves behind waste in the form of spent nuclear fuel that then has to be stored, while supporters point to next-gen nuclear designs that aim to improve safety and costs. The federal government has not found a site to deposit the waste that has built up over decades from commercial nuclear power plants.

Even though Diablo Canyon is the only nuclear plant left in the Golden State, it accounts for 9 percent of California's power mix. Cunningham says if the plant closes, the state's reliance on natural gas — a fossil fuel — will increase, pointing to what happened when the San Onofre Nuclear Generating Station closed.

In 2011, the final full year operations for San Onofre, nuclear accounted for 18.2 percent of in-state generation and natural gas made up 45.4 percent. The following year, nuclear dropped to 9.3 percent and gas shot up to 61.1 percent of in-state generation.

"If we're going to get serious about being a national leader as California has been on dealing with climate change, I think nuclear is part of the answer," Cunningham said.

But judging from the response to an email from the Union-Tribune, PG&E isn't exactly embracing Cunningham's bill.

"We remain focused on safely and reliably operating Diablo Canyon Power Plant until the end of its current operating licenses and planning for a successful decommissioning," said Suzanne Hosn, a PG&E senior manager at Diablo Canyon. "The Assemblyman's proposal does not change any of PG&E's plans for the plant."

Cunningham concedes AB 2898 is "a Hail Mary pass" but said "it's an important conversation that needs to be had."

The second-term assemblyman introduced a similar measure late last year that sought to have the Legislature bring the question before voters as an amendment to the state constitution. But the legislation, which would require a two-thirds majority vote in the Assembly and the Senate, is still waiting for a committee assignment.

AB 2898, on the other hand, requires a simple majority to move through the Legislature. Cunningham said he hopes the bill will receive a committee assignment by the end of next month.
 

 

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