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DISCLAIMER: This blog is published for general information only - it is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our authors, the submission of a comment or question does not create an attorney-client relationship between the Firm and you.

Entries in Renewables (80)

Wednesday
Apr202016

Hughes v. Talen Energy: Supreme Court Strikes Down Maryland Generation Subsidy on Narrow Grounds

On Tuesday, the Supreme Court issued its decision (8-0) in Hughes v. Talen Energy striking down a Maryland program that encouraged additional in-state generation. Hughes is the second decision of the term, following FERC v. Electric Power Supply Association, in which the Court has struggled to clarify the increasingly blurry boundary between state and federal jurisdiction over energy policy. In this case, the Court focused on the precise mechanism of the Maryland program which required load serving entities (LSEs) in Maryland to enter into a 20-year pricing contract with a new gas-fired generator owned by CPV Maryland, LLC (CPV). To understand the Court’s holding, it is necessary to understand a bit about FERC’s capacity auctions.

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Tuesday
Mar152016

Maine Solar Bill Proposes to Expand Capacity Without Net Metering

On March 10, the Maine Legislature’s Energy, Utilities & Technology Committee reported out a bill that is the culmination of the solar stakeholder process at the Public Utilities Commission (PUC). The bill sets a target of developing 248 MW of new solar capacity over a five-year period beginning in 2017. The bill defines four categories of solar power development in Maine: grid-scale, large-scale community, commercial and industrial, and residential and small business.

As previously explained here, the most controversial aspect of the new legislation is that it would end net metering (AKA “net energy billing”) for rooftop solar. During the solar stakeholder process at the PUC, a compromise consensus emerged among the utilities, the solar industry, environmental groups, and the Office of the Public Advocate, which represents ratepayers in Maine.

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Wednesday
Dec302015

Beyond Net Metering: Solar Stakeholders Seek Common Ground

Since September, solar stakeholders have been participating in regular work sessions at the Maine Public Utilities Commission (PUC) to develop an alternative to Maine’s current net metering rules. Net metering or “net energy billing” allows utility customers who also generate some of their own power (with solar panels, for example) to pay only for the difference between the energy they generate and the energy they consume. This straightforward concept exists in some form in more than 40 states. But as rooftop solar continues to expand, utilities are beginning to seek alternatives to net metering rules around the country.

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Wednesday
Apr152015

Halleluja: The Clean, Green Renewable Future Is Upon Us!!!

The American Wind Energy Association released its annual market report for 2014 today.  As expected, most of the report’s findings are quite positive, with “more wind power capacity under construction at the end of 2014 than at the end of any other year.”  Over 100 U.S. wind power projects totalling 12,700 MW were built last year.  There are now over 65,000 MW of installed wind energy capacity in the United States.

The AWEA report was not all sunshine and daisies however, noting that development-chilling uncertainty about the production tax credit continues: “The lapse of the PTC at the end of 2012 drove a 92% drop in installations in 2013” and “PTC uncertainty continues with an extension through the end of 2014 that came only two weeks before the end of the year.”    

Among the report’s other optimistic findings were that the cost of onshore wind energy has dropped by over 50 percent between 2009 and 2013, and that wind energy was the largest source of new electricity generation in the United States in 2014.

The AWEA report is grounded in graphic analysis based on concrete wind energy development figures, which sets it apart from predictive renewable energy studies that are sometimes promoted under strikingly upbeat headlines.  In general though, the renewable news is good.  Here is just a sampling of rosy headlines from the renewable energy news media that came out in the past few days:

 Take that Pat Sajak!

Monday
Apr062015

New Misguided Opponent of Renewables: Famous Novelist Jonathan Franzen

In a lapse of fact checking and logic, the normally rigorous New Yorker magazine published a lengthy essay by noted novelist and bird watcher Jonathan Franzen that, among other things, called wind and solar power “blights on the landscape” that should be abandoned in favor of bird sanctuaries because “drastic planetary overheating is a done deal.”

The crux of Franzen’s argument is summed up about halfway through his piece: “The Earth as we now know it resembles a patient whose terminal cancer we can choose to treat either with disfiguring aggression or with palliation and sympathy. We can dam every river and blight every landscape with biofuel agriculture, solar farms, and wind turbines, to buy some extra years of moderated warming. Or we can settle for a shorter life of higher quality, protecting the areas where wild animals and plants are hanging on, at the cost of slightly hastening the human catastrophe.”

As was immediately pointed out in several incredulous critiques of Franzen’s article, he mistakenly thinks that renewable energy and other strategies for fighting climate change preclude conservation of current animals and ecosystems

In particular, Franzen lashed out at Audubon based on his belief that the organization has lost its way by preferencing the the fight against climate change over protecting birds.  Audubon CEO David Yarnold’s excellent response is nicely encapsulated by his line that “our members can walk and chew gum at the same time.” 

Franzen also wants to give up on climate change because the problem is too big for any one person’s actions to have any effect: “The scale of greenhouse-gas emissions is so vast, the mechanisms by which these emissions affect the climate so nonlinear, and the effects so widely dispersed in time and space that no specific instance of harm could ever be traced back to my 0.0000001-per-cent contribution to emissions.”

He probably thinks voting is a waste of time too.

For more thoughtful and hilarious takedowns of Franzen’s “thinkpiece,” read Climate Progress and Get Energy Smart Now

 

Friday
Oct112013

Energy News Roundup: October 5-October 11

This week in regional energy news …

Friday
Sep202013

Energy News Roundup: September 14-September 20

This week in regional energy news …