FERC issues 2010 enforcement report

By By Kenneth W. Irvin, Mustafa Ostrander and Elizabeth P. Philpott, McDermott Will & Emery, LLP


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Just recently, the Federal Energy Regulatory Commission FERC Office of Enforcement issued the 2010 Report on Enforcement. The annual report provides an overview of enforcement activities during the fiscal year 2010 FY2010 and statistics on the activities of the three divisions within the Office of Enforcement: Investigations, Audits and Energy Market Oversight.

The report provides an interesting and important window into otherwise non-public enforcement activities. It also identifies the priorities for 2011.

The report first notes FERCÂ’s efforts in FY2010 to further its goal of transparency with the issuance of the guidelines for calculating penalties, the order regarding notices of alleged violations and the announcement of the policy to disclose exculpatory materials to persons and entities under investigation.

One key element is the report describes all the self-reports and investigations over the past year. Enforcement staff received 93 self-reports in FY2010, down from 122 in FY2009. They closed 54 self-reports after an initial review, while 39 self-reports are pending initial review. Staff received self-reports from a variety of market participants, though they received an increasing number of self-reports from regional transmission organizations RTOs and independent system operators ISOs in FY2010.

Enforcement staff expects to see an upward trend in self-reports, especially due to the credit for self-reporting under recently issued penalty guidelines. The largest category of self-reports was for Tariff or Open Access Tariff violations. Self-reports of open access violations decreased, however, because natural gas companies have increased compliance efforts to prevent capacity release violations.

The report also provides some insight into the reasons why enforcement staff decides not to pursue enforcement action for certain self-reports, including these factors:

• Prohibited transactions were not actually executed

• No harm to the market or to any parties

• Violation was isolated, inadvertent or unlikely to reoccur

• Company took remedial action or instituted remedial measures to ensure future compliance action

• Company submitted a prompt self-report

• Company already paid penalties

• No indication of fraudulent behavior by the company, past wrongdoing or senior management involvement

• Compliance program provided adequate training regarding subject matter of violation.

Enforcement staff opened more non-self-reported investigations in FY2010 15 than FY2009 10. Most of the investigations addressed tariff violations, but the suspected violations also involved market manipulation, market-based rate violations and reliability standards violations. The potential misconduct was referred to staff by a variety of sources, including RTO and ISO market-monitoring units, other divisions within the Office of Enforcement, other offices within FERC and a call to the Office of Enforcement Hotline.

One closed investigation of note involved an inquiry by staff into whether certain entities trading natural gas futures contracts on NYMEX manipulated the settlement price through their trading during the 30-minute final settlement period. That shows FERC continues to see its anti-manipulation jurisdiction extend to activities outside of the physical electricity and natural gas markets, which activities affect those markets.

Enforcement staff, however, closed fewer investigations in FY2010 16 than FY2009 36. Similarly, staff concluded fewer investigations in FY2010 through settlement. Yet, it is noted that more investigations resulted in enforcement staff finding a violation and not assessing sanctions.

The report provides illustrations of investigations that were closed in which enforcement staff found a violation, but did not take any enforcement action. Staff explained it took into account the following considerations when deciding not to pursue enforcement action:

• Violations were inadvertent and infrequent

• Substantial compliance by the company

• No unjust profits retained by the company

• Company increased and improved training procedures

• Company modified compliance protocols.

Six investigations were resolved by way of an enforcement settlement in FY2010 compared to 22 in FY2009. According to the report, settlements decreased this year due to an increased focus on reliability and market manipulation cases. Half of the six settlement agreements involved violations of natural gas pipeline open access transportation requirements.

For 2011, the Office of Enforcement intends to maintain its focus on matters involving fraud and market manipulation, serious violations of reliability standards, anticompetitive conduct and conduct that threatens the transparency of regulated markets.

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California lawmakers plan to overturn income-based utility charges

California income-based utility charges face bipartisan pushback as the PUC weighs fixed fees for PG&E, SDG&E, and Southern California Edison, reshaping rate design, electricity affordability, energy equity, and privacy amid proposed per-kWh reductions.

 

Key Points

PUC-approved fixed fees tied to household income for PG&E, SDG&E, and SCE, offset by lower per-kWh rates.

✅ Proposed fixed fees: $51 SCE, $73.31 SDG&E, $50.92 PG&E

✅ Critics warn admin, privacy, legal risks and higher bills for savers

✅ Backers say lower-income pay less; kWh rates cut ~33% in PG&E area

 

Efforts are being made across California's political landscape to derail a legislative initiative that introduced income-based utility charges for customers of Southern California Edison and other major utilities.

Legislators from both the Democratic and Republican parties have proposed bills aimed at nullifying the 2022 legislation that established a sliding scale for utility charges based on customer income, a decision made in a late-hour session and subsequently endorsed by Governor Gavin Newsom.

The plan, pending final approval from the state Public Utilities Commission (PUC) — all of whose current members were appointed by Governor Newsom — would enable utilities like Southern California Edison, San Diego Gas & Electric, and PG&E to apply new income-based charges as early as this July.

Among the state legislators pushing back against the income-based charge scheme are Democrats Jacqui Irwin and Marc Berman, along with Republicans Janet Nguyen, Kelly Seyarto, Rosilicie Ochoa Bogh, Scott Wilk, Brian Dahle, Shannon Grove, and Roger Niello.

A cadre of specialists, including economist Ahmad Faruqui who has advised all three utilities implicated in the fee proposal, have outlined several concerns regarding the PUC's pending decision.

Faruqui and his colleagues argue that the proposed charges are excessively high in comparison to national standards, reflecting soaring electricity prices across the state, potentially leading to administrative challenges, legal disputes, and negative unintended outcomes, such as penalizing energy-conservative consumers.

Advocates for the income-based fee model, including The Utility Reform Network (TURN) and the National Resources Defense Council, argue it would result in higher charges for wealthier consumers and reduced fees for those with lower incomes. They also believe that the utilities plan to decrease per kilowatt-hour rates as part of a broader rate structure review to balance out the new fees.

However, even supporters like TURN and the Natural Resources Defense Council acknowledge that the income-based fee model is not a comprehensive solution to making soaring electricity bills more affordable.

If implemented, California would have the highest income-based utility fees in the country, with averages far surpassing the national average of $11.15, as reported by EQ Research:

  • Southern California Edison would charge $51.
  • San Diego Gas & Electric would levy $73.31.
  • PG&E would set fees at $50.92.

The proposal has raised concerns among state legislators about the additional financial burden on Californians already struggling with high electricity costs.

Critics highlight several practical challenges, including the PUC's task of assessing customers' income levels, a process fraught with privacy concerns, potential errors, and constitutional questions regarding access to tax information.

Economists have pointed out further complications, such as the difficulty in accurately assessing incomes for out-of-state property owners and the variability of customers' incomes over time.

The proposed income-based charges would differ by income bracket within the PG&E service area, for example, with lower-income households facing lower fixed charges and higher-income households facing higher charges, alongside a proposed 33% reduction in electricity rates to help mitigate the fixed charge impact.

Yet, the economists warn that most customers, particularly low-usage customers, could end up paying more, essentially rewarding higher consumption and penalizing efficiency.

This legislative approach, they caution, could inadvertently increase costs for moderate users across all income brackets, a sign of major changes to electric bills that could emerge, challenging the very goals it aims to achieve by promoting energy inefficiency.

 

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Scientists Built a Genius Device That Generates Electricity 'Out of Thin Air'

Air-gen Protein Nanowire Generator delivers clean energy by harvesting ambient humidity via Geobacter-derived conductive nanowires, generating continuous hydrovoltaic electricity through moisture gradients, electrodes, and proton diffusion for sustainable, low-waste power in diverse climates.

 

Key Points

A device using Geobacter protein nanowires to harvest humidity, producing continuous DC power via proton diffusion.

✅ 7 micrometer film between electrodes adsorbs water vapor.

✅ Output: ~0.5 V, 17 uA/cm2; stack units to scale power.

✅ Geobacter optimized via engineered E. coli for mass nanowires.

 

They found it buried in the muddy shores of the Potomac River more than three decades ago: a strange "sediment organism" that could do things nobody had ever seen before in bacteria.

This unusual microbe, belonging to the Geobacter genus, was first noted for its ability to produce magnetite in the absence of oxygen, but with time scientists found it could make other things too, like bacterial nanowires that conduct electricity.

For years, researchers have been trying to figure out ways to usefully exploit that natural gift, and they might have just hit pay-dirt with a device they're calling the Air-gen. According to the team, their device can create electricity out of… well, almost nothing, similar to power from falling snow reported elsewhere.

"We are literally making electricity out of thin air," says electrical engineer Jun Yao from the University of Massachusetts Amherst. "The Air-gen generates clean energy 24/7."

The claim may sound like an overstatement, but a new study by Yao and his team describes how the air-powered generator can indeed create electricity with nothing but the presence of air around it. It's all thanks to the electrically conductive protein nanowires produced by Geobacter (G. sulfurreducens, in this instance).

The Air-gen consists of a thin film of the protein nanowires measuring just 7 micrometres thick, positioned between two electrodes, referencing advances in near light-speed conduction in materials science, but also exposed to the air.

Because of that exposure, the nanowire film is able to adsorb water vapour that exists in the atmosphere, offering a contrast to legacy hydropower models, enabling the device to generate a continuous electrical current conducted between the two electrodes.

The team says the charge is likely created by a moisture gradient that creates a diffusion of protons in the nanowire material.

"This charge diffusion is expected to induce a counterbalancing electrical field or potential analogous to the resting membrane potential in biological systems," the authors explain in their study.

"A maintained moisture gradient, which is fundamentally different to anything seen in previous systems, explains the continuous voltage output from our nanowire device."

The discovery was made almost by accident, when Yao noticed devices he was experimenting with were conducting electricity seemingly all by themselves.

"I saw that when the nanowires were contacted with electrodes in a specific way the devices generated a current," Yao says.

"I found that exposure to atmospheric humidity was essential and that protein nanowires adsorbed water, producing a voltage gradient across the device."

Previous research has demonstrated hydrovoltaic power generation using other kinds of nanomaterials – such as graphene-based systems now under study – but those attempts have largely produced only short bursts of electricity, lasting perhaps only seconds.

By contrast, the Air-gen produces a sustained voltage of around 0.5 volts, with a current density of about 17 microamperes per square centimetre, and complementary fuel cell solutions can help keep batteries energized, with a current density of about 17 microamperes per square centimetre. That's not much energy, but the team says that connecting multiple devices could generate enough power to charge small devices like smartphones and other personal electronics – concepts akin to virtual power plants that aggregate distributed resources – all with no waste, and using nothing but ambient humidity (even in regions as dry as the Sahara Desert).

"The ultimate goal is to make large-scale systems," Yao says, explaining that future efforts could use the technology to power homes via nanowire incorporated into wall paint, supported by energy storage for microgrids to balance supply and demand.

"Once we get to an industrial scale for wire production, I fully expect that we can make large systems that will make a major contribution to sustainable energy production."

If there is a hold-up to realising this seemingly incredible potential, it's the limited amount of nanowire G. sulfurreducens produces.

Related research by one of the team – microbiologist Derek Lovley, who first identified Geobacter microbes back in the 1980s – could have a fix for that: genetically engineering other bugs, like E. coli, to perform the same trick in massive supplies.

"We turned E. coli into a protein nanowire factory," Lovley says.

"With this new scalable process, protein nanowire supply will no longer be a bottleneck to developing these applications."

 

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Australia stuck in the middle of the US and China as tensions rise

Manus Island Naval Base strengthens US-Australia-PNG cooperation at Lombrum, near the South China Sea, bolstering sovereignty, maritime rights, and Pacific security amid APEC talks, infrastructure investment, and Belt and Road competition.

 

Key Points

A US-Australia-PNG facility at Lombrum to bolster Pacific security and protect maritime rights across the region.

✅ Shared by US, Australia, and PNG at Lombrum on Manus Island

✅ Near South China Sea, reinforcing maritime security and access

✅ Counters opaque lending, aligns with free trade and infrastructure

 

Scott Morrison has caught himself bang in the middle of escalating tensions between the United States and China.

The US and Australia will share a naval base in the north end of Papua New Guinea on Manus Island, creating another key staging point close to the contested South China Sea.

“The United States will partner with Papua New Guinea and Australia on their joint initiative at Lombrum Naval Base,” US Vice President Mike Pence said.

“We will work with these two nations to protect sovereignty and maritime rights in the Pacific Islands. ”

At an Asia Pacific Economic Cooperation meeting in Port Moresby on Saturday, Mr Morrison urged nations to embrace free trade and avoid “unsustainable debt”, as the Philippines' clean energy commitment also featured in discussions.

He confirmed the US and Australia will share an expanded naval base on Manus Island, as the US ramped up rhetoric against China.

Mr Pence quoted President Donald Trump in his speech following Chinese President Xi Jinping, even as a Biden energy agenda is seen by some as better for Canada.

“We have great respect for President Xi and respect for China. But in the president’s words, China’s taken advantage of the United States for many, many years,” he said.

“And those days are over.”

His speech was met with stony silence from the Chinese delegation, after President Xi had reassured leaders his Belt and Road Initiative was not a debt trap.

China has also been at loggerheads with the United States over its territorial ambitions in the Pacific, encapsulated by Xi’s Belt and Road Initiative.

Unveiled in 2013, the Belt and Road initiative aims to bolster a sprawling network of land and sea links with Southeast Asia, Central Asia, the Middle East, Europe and Africa.

China’s efforts to win friends in the resource-rich Pacific have been watched warily by the traditionally influential powers in the region — Australia and the United States.

“It is not designed to serve any hidden geopolitical agenda,” President Xi said on Saturday.

“Nor is it a trap, as some people have labelled it.”

But Mr Pence said loans to developing countries were too often opaque and encouraged nations to look to the US instead of China.

“Too often they come with strings attached and lead to staggering debt,” he said in his speech.

“Do not accept foreign debt that could compromise your sovereignty.

“Just like America, always put your country first.”

Mr Morrison committed Australia to look to the Pacific nations and on Sunday he will host an informal BBQ with Pacific leaders, amid domestic moves like Western Australia's electricity bill credit for households.

He also announced a joint partnership with Japan and the US to fund infrastructure around the region, while at home debates over an electricity market overhaul continue.

On the back of Mr Morrison’s defence of free trade at the summit, Australian Trade Minister Simon Birmingham said he was confident the US was interested in an open trading environment in the long run, with parallel discussions such as a U.S.-Canada energy partnership underscoring regional economic ties.

Australia is hoping the US will, in the end, take a similar approach to its trade dispute with China as it did with its tariff threats against Mexico and Canada, as cross-border negotiations like the Columbia River Treaty continue to shape U.S.-Canada ties.

“Ultimately, they laid down arms, they walked away from threats, and they struck a new trade deal that ensures trade continues in that North American bloc,” Mr Birmingham told ABC TV on Sunday.

“We hope the same will happen in relation to China.”

Four countries including the US have signed up to an effort to bring electricity to 70 per cent of Papua New Guinea’s people by 2030.

Australia, Japan, the US and New Zealand on Sunday signed an agreement to work with Papua New Guinea’s government on electrification.

It’s the latest sign of great power rivalry in the South Pacific, where China is vying with the US and its allies for influence.

 

 

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Advocates call for change after $2.9 million surplus revealed for BC Hydro fund

BC Hydro Customer Crisis Fund Surplus highlights unused grants, pilot program imbalance, and calls to reduce fees or expand eligibility. Ratepayers, regulators, and social agencies urge awareness, rebates, and aid for overdue electricity bills.

 

Key Points

A funding carryover from BC Hydro's crisis grants, sparking debate over fee reductions or more aid eligibility.

✅ $2.9M surplus from 25-cent monthly customer fee

✅ Only 2,250 grants issued; awareness and eligibility questioned

✅ Regulator may refund balance or adjust program design

 

BC Hydro is sitting on a surplus of about $2.9 million in its customer crisis fund, even as BC Hydro rates rise 3% across the province, leading to calls for the utility to reduce its take from the average customer or provide more money to those in need.

B.C. Liberal Energy Critic Greg Kyllo said if the imbalance continues in the year-old pilot program, amid a provincial rate freeze announced by the province, it’s time to cut the monthly 25 cent fee in half.

"If the grant requirement or the need in the province is going to remain where it is, they should look at rolling back the contribution level in the fund," he told CTV News Vancouver from Salmon Arm.

But social agencies who were part of the consultation around the fund in the beginning said it’s more likely that people in need don’t know about the fund and more time is necessary to get the word out.

"If they collect the money, then the program’s got to change to make sure more people are able to be helped," said Gudrun Langolf of the Council of Senior Citizens Organizations of BC.

The customer crisis fund was started in spring 2018 to give people short-term relief when they can’t pay their electricity bills, especially as a $2 monthly hike pressures household budgets. Customers can apply to get a grant of up to $500 to keep the lights on, and up to $600 if electricity heats their homes.

The public utility took in about 25 cents per customer per month which added up to a revenue of $4.5 million in the year since the program started, BC Hydro confirmed to CTV News.

But the agency only gave out 2,250 grants totalling $850,000.

Administration costs added up around $750,000 – leaving the $2.9 million remaining.

The news will come as a welcome relief to those who suddenly struggle to pay their hydro bills, particularly as Alberta ratepayers are on the hook under a utility deferral program elsewhere in Canada.

Some people who come into Disability Alliance B.C. are often anxious and emotional when they’re suddenly unable to pay their bills, said Shar Saremi, an advocate there.

"I’ve had people crying. I’ve had people who have experienced a loss in the family," she said. "A lot of the time people are stressed out, anxious, really upset. They are looking for assistance, and they aren’t sure what is available for them."

She said people are only eligible if their bills are under $1,000, which could be cutting out the people who are most in need. And because the program is in its first year, it could be undersubscribed, she said.

"A lot of people don’t know about the program, don’t know how to apply, or what kind of assistance is out there," Saremi said.

The fund was established thanks to an order from the B.C. Utilities Commission, the utilities regulator in the province.

The pilot program is going to be examined by the regulator at the end of its first year.

"Any remaining balance in the account at the end of the pilot would be returned to residential ratepayers," says a BCUC fact sheet, as BC Hydro rates are set to rise 3.75% over two years. The decision on exactly what to do with the money hasn’t yet been made.

In Manitoba, a similar program is by donation, and in Newfoundland and Labrador a lump-sum credit was offered to bill payers in a separate initiative. That program raised about $200,000 from customers and $60,000 in other income. It spent $199,000 on grants to applicants, but lost about $20,000 a year.

In Ontario, private utilities are expected to raise 0.12 per cent of their revenue, and Hydro One reconnections have highlighted the stakes for nonpayment there. Across the province, those utilities gave out about $7.3 million in grants. Any unused funds in one year are rolled over to the following year.

 

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America Going Electric: Dollars And Sense

California Net Zero Grid Investment will fuel electrification, renewable energy buildout, EV adoption, and grid modernization, boosting utilities, solar, and storage, while policy, IRA incentives, and transmission upgrades drive reliability and long-term rate base growth.

 

Key Points

Funding to electrify sectors and modernize the grid, scaling renewables, EVs, and storage to meet 2045 net zero goals.

✅ $370B over 22 years to meet 2045 net zero target

✅ Utilities lead gains via grid modernization and rate base growth

✅ EVs, solar, storage scale; IRA credits offset costs

 

$370 billion: That’s the investment Edison International CEO Pedro Pizarro says is needed for California’s power grid to meet the state’s “net zero” goal for CO2 emissions by 2045.

Getting there will require replacing fossil fuels with electricity in transportation, HVAC systems for buildings and industrial processes. Combined with population growth and data demand potentially augmented by artificial intelligence, that adds up to an 82 percent increase in electricity demand over 22 years, or 3 percent annually, and a potential looming shortage if buildout lags.

California’s plans also call for phasing out fossil fuel generation in the state, despite ongoing dependence on fossil power during peaks. And presumably, its last nuclear plant—PG&E Corp’s (PCG) Diablo Canyon—will be eventually be shuttered as well. So getting there also means trebling the state’s renewable energy generation and doubling usage of rooftop solar.

Assuming this investment is made, it’s relatively easy to put together a list of beneficiaries. Electric vehicles hit 20 percent market share in the state in Q2, even as pandemic-era demand shifts complicate load forecasting. And while competition from manufacturers has increased, leading manufacturers like Tesla TSLA -3% Inc (TSLA) can look forward to rising sales for some time—though that’s more than priced in for Elon Musk’s company at 65 times expected next 12 months earnings.

In the past year, California regulators have dialed back net metering through pricing changes affecting compensation, a subsidy previously paying rooftop solar owners premium prices for power sold back to the grid. That’s hit share prices of SunPower Corp (SPWR) and Sunrun Inc (RUN) quite hard, by further undermining business plans yet to demonstrate consistent profitability.

Nonetheless, these companies too can expect robust sales growth, as global prices for solar components drop and Inflation Reduction Act tax credits at least somewhat offset higher interest rates. And the combination of IRA tax credits and U.S. tariff walls will continue to boost sales at solar manufacturers like JinkoSolar Holding (JKS).

The surest, biggest beneficiaries of California’s drive to Net Zero are the utilities, reflecting broader utility trends in grid modernization, with investment increasing earnings and dividends. And as the state’s largest pure electric company, Edison has the clearest path.

Edison is currently requesting California regulators OK recovery over a 30-year period of $2.4 billion in losses related to 2017 wildfires. Assuming a amicable decision by early next year, management can then turn its attention to upgrading the grid. That investment is expected to generate long-term rate base growth of 8 percent at year, fueling 5 to 7 percent annual earnings growth through 2028 with commensurate dividend increases.

That’s a strong value proposition Edison stock, with trades at just 14 times expected next 12 months earnings. The yield of roughly 4.4 percent at current prices was increased 5.4 percent this year and is headed for a similar boost in December.

When California deregulated electricity in 1996, it required utilities with rare exceptions to divest their power generation. As a result, Edison’s growth opportunity is 100 percent upgrading its transmission and distribution grid. And its projects can typically be proposed, sited, permitted and built in less than a year, limiting risk of cost overruns to ensure regulatory approval and strong investment returns.

Edison’s investment plan is also pretty much immune to an unlikely backtracking on Net Zero goals by the state. And the company has a cost argument as well: Dr Pizarro cites U.S. Department of Energy and Department of Transportation data to project inflation-adjusted savings of 40 percent in California’s total customer energy bills from full electrification.

There’s even a reason to believe 40 percent savings will prove conservative. Mainly, gasoline currently accounts for a bit more than half energy expenditures. And after a more than 10-year global oil and gas investment drought, supplies are likely get tighter and prices possibly much higher in coming years.

Of course, those savings will only show up after significant investment is made. At this point, no major utility system in the world runs on 100 percent renewable energy, and California’s blackout politics underscore how reliability concerns shape deployment. And the magnitude of storage technology needed to overcome intermittency in solar and wind generation is not currently available let alone affordable, though both cost and efficiency are advancing.

Taking EVs from 20 to 100 percent of California’s new vehicle sales calls for a similar leap in efficiency and cost, even with generous federal and state subsidy. And while technology to fully electrify buildings and homes is there, economically retrofitting statewide is almost certainly going to be a slog.

At the end of the day, political will is likely to be as important as future technological advance for how much of Pizarro’s $370 billion actually gets spent. And the same will be true across the U.S., with state governments and regulators still by and large calling the shots for how electricity gets generated, transmitted and distributed—as well as who pays for it and how much, even as California’s exported policies influence Western markets.

Ironically, the one state where investors don’t need to worry about renewable energy’s prospects is one of the currently reddest politically. That’s Florida, where NextEra Energy NEE +2.8% (NEE) and other utilities can dramatically cut costs to customers and boost reliability by deploying solar and energy storage.

You won’t hear management asserting it can run the Sunshine State on 100 percent renewable energy, as utilities and regulators do in some of the bluer parts of the country. But by demonstrating the cost and reliability argument for solar deployment, NextEra is also making the case why its stock is America’s highest percentage bet on renewables’ growth—particularly at a time when all things energy are unfortunately becoming increasingly, intensely political.

 

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States have big hopes for renewable energy. Get ready to pay for it.

New York Climate Transition Costs highlight rising utility bills for ratepayers as the state pursues renewable energy, electrification, and a zero-emissions grid, with Inflation Reduction Act funding to offset consumer burdens while delivering health benefits.

 

Key Points

Ratepayer-funded costs to meet New York's renewable targets and zero-emissions grid, offset by federal incentives.

✅ $48B in projects funded by consumers over two decades

✅ Up to 10% of utility bills already paid by some upstate users

✅ Targets: 70% renewables by 2030; zero-emissions grid by 2040

 

A generational push to tackle climate change in New York that includes its Green New Deal is quickly becoming a pocketbook issue headed into 2024.

Some upstate New York electric customers are already paying 10 percent of their electricity bills to support the state’s effort to move off fossil fuels and into renewable energy. In the coming years, people across the state can expect to give up even bigger chunks of their income to the programs — $48 billion in projects is set to be funded by consumers over the next two decades.

The scenario is creating a headache for New York Democrats grappling with the practical and political risk of the transition.


It’s an early sign of the dangers Democrats across the country will face as they press forward with similar policies at the state and federal level. New Jersey, Maryland and California are also wrestling with the issue and, in some cases, are reconsidering their ambitious plans, including a 100% carbon-free mandate in California.

“This is bad politics. This is politics that are going to hurt all New Yorkers,” said state Sen. Mario Mattera, a Long Island Republican who has repeatedly questioned the costs of the state’s climate law and who will pay for it.

Democrats, Mattera said, have been unable to explain effectively the costs for the state’s goals. “We need to transition into renewable energy at a certain rate, a certain pace,” he said.

Proponents say the switch will ultimately lower energy bills by harnessing the sun and wind, result in significant health benefits and — critically — help stave off the most devastating climate change scenarios. And they hope new money to go green from the Inflation Reduction Act, celebrating its one-year anniversary, can limit costs to consumers.

New York has statutory mandates calling for 70 percent renewable electricity by 2030 and a fully “zero emissions” grid by 2040, among the most aggressive targets in the country, aligning with a broader path to net-zero electricity by mid-century. The grid needs to be greened, while demand for electricity is expected to more than double by 2050 — the same year when state law requires emissions to be cut by 85 percent from 1990 levels.

But some lawmakers in New York, particularly upstate Democrats, and similar moderates across the nation are worried about moving too quickly and sparking a backlash against higher costs, as debates over Minnesota's 2050 carbon-free plan illustrate. The issue is another threat to Democrats heading into the critical 2024 battleground House races in New York, which will be instrumental in determining control of Congress.

Even Gov. Kathy Hochul, a Democrat who is fond of saying that “we’re the last generation to be able to do anything” about climate change, last spring balked at the potential price tag of a policy to achieve New York’s climate targets, a concern echoed in debates over a fully renewable grid by 2030 elsewhere. And she’s not the only top member of her party to say so.

“If it’s all just going to be passed along to the ratepayers — at some point, there’s a breaking point, and we don’t want to lose public support for this agenda,” state Comptroller Tom DiNapoli, a Democrat, warned in an interview.

 

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