What the Midterms Mean for Energy & Environment Policy

Big picture – voters rejected policies that would raise energy costs on consumers when put before them on the ballot last night – the carbon tax initiative in Washington state, renewable energy mandate in Arizona and limits on exploration and drilling in Colorado and Alaska. In Arizona, voters overwhelmingly rejected a 50-percent renewable energy mandate. In Washington, voters rejected placing a proposed fee on carbon emissions for a third time. In Nevada, voters approved a 50-percent renewable energy mandate, but rejected a proposal to deregulate the state’s power market. At a local level – House members who signed on to or flirted with carbon tax legislation lost (Curbelo & Love) or barely hung on (Fitzpatrick). Only Rooney – who focused more on a hyper local issue (nutrient driven algae blooms) managed a decisive victory. With the defeat of Leonard Lance in NJ-7, all 8 Republicans who voted for cap and trade in 2009 have been defeated or retired. Democrats lost three members of the climate caucus and Republicans lost thirteen. The climate caucus recruits in pairs to keep the membership bipartisan. Democrats immediate task is to recruit 10 Republican House members into the caucus to give it balance. With a…

Continue reading

End Market Distortions to Keep Energy Sector Competitive

To call U.S. power sector developments of the last couple weeks “interesting” would be an understatement. Two weeks ago, the Department of Energy issued a Notice of Proposed Rulemaking (NOPR) that aims effectively to bring back or keep online some of the less competitive coal and nuclear power plants. That proposed rule was followed this week by the announcement of a proposal to repeal the Clean Power Plan, a centerpiece of President Obama’s climate agenda. Obviously, if one or both of these plans reach the finish line, in one form or another, it will mean big changes for the sector. But for time being, let’s focus on the first item, which has been called by experts a “grenade lobbed into competitive energy markets.” The NOPR to the Federal Regulatory Energy Commission suggests the adoption of a rule that would require utilities in competitive energy markets to pay each eligible resource its fully allocated costs (their fixed investment costs plus their electricity production) and a fair return on equity if these plants have 90 days of fuel supply on-site. On the surface, requiring 90 days of fuel supply favors nuclear and coal, since natural gas plants receive fuel through pipelines. It’s…

Continue reading

Thoughts on the Regulatory Accountability Act

The Regulatory Accountability Act incorporates many bipartisan solutions to problems that have plagued the expansion of the federal regulatory system. The ideas expressed in the bill are certainly worthy of continued analysis and discussion. Read more in the Bloomberg View column by Cass Sustein:   A Regulatory Reform Bill That Everyone Should Like Look! Bipartisanship is alive, and cranking out good ideas.   More stories by Cass R Sunstein June 22, 2017, 8:30 AM EDT The executive branch under President Donald Trump is not issuing a lot of new regulations, but congressional Republicans, joined by some Democrats, have been thinking seriously about regulatory reform. They’ve produced an intelligent, constructive, complex, imperfect bill – the Regulatory Accountability Act of 2017 – that deserves careful attention. Over the last 30 years, Republican and Democratic presidents have converged on three excellent ideas. The first is that before issuing expensive new regulations, agencies should catalogue their costs and benefits, and should proceed if (and only if) the benefits justify the costs. The second is that before issuing new regulations, agencies should allow ample time for public participation, and should pay close attention to what members of the public have to say. The third is…

Continue reading

Only days remain for Senate to repeal methane rule using CRA

Thursday is the final day for the Senate to make use of the Congressional Review Act’s expedited procedures to repeal the Bureau of Land Management’s venting and flaring rule. Members of the Senate are expected to vote Wednesday on a disapproval resolution to nullify the rule. That’s cutting it close for a resolution requiring only a simple majority of those present to pass. Republican leaders have been working for weeks to round up the necessary 51 votes (less if not all Democrats happen to be in town for the vote). The effort has been made more challenging by the early defections of Republican Sens. Susan Collins of Maine and Lindsey Graham of South Carolina. The absence from Washington of Republican Sen. Johnny Isakson of Georgia, who has been recovering from back surgery, has also complicated the logistics of holding a vote. A handful of GOP senators has also kept a close hold on how they would vote on a disapproval resolution. Whether to avoid outside pressures or as leverage in negotiations on other legislative priorities, nearly all Republicans are now expected to support repeal of the methane rule. And then there’s ethanol. Bloomberg reported last week that four Midwest Republicans, led…

Continue reading