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Utilities in the Southeast, especially, may have to rethink.
Utilities all over the country have proposed to build a slew of new natural gas-fired power plants in recent months, citing an anticipated surge in electricity demand from data centers, manufacturing, and electric vehicles. But on Thursday, the Environmental Protection Agency finalized new emissions limits on power plants that throw many of those plans into question.
The rules require that newly built natural gas plants that are designed to help meet the grid’s daily, minimum needs, will have to slash their carbon emissions by 90% by 2032, an amount that can only be achieved with the use of carbon capture equipment. But carbon capture will be cost-prohibitive in many cases — especially in the Southeast, where much of that expected demand growth is concentrated, but which lacks the geology necessary to store captured carbon underground.
“With this rule, it’s kind of back to square one,” Tyler Norris, an electric power systems researcher, told me. “I think most likely, you're gonna see the regulators really push back and call upon them to redo all their modeling.”
This is the first federal mandate to curb carbon from the electricity sector since President Obama’s 2015 Clean Power Plan, which never went into effect. Despite growing investment in renewable energy, power generation is responsible for about a quarter of the country’s greenhouse gas emissions.
The Biden administration is guaranteed to face legal challenges from Republican attorneys general and electric utilities. The Edison Electric Institute, the largest trade group for electric utilities, asserted that carbon capture “is not yet ready for full-scale, economy-wide deployment” and expressed worry over the timelines for permitting and financing. Duke Energy, one of the Southeast’s largest utilities, issued a statement after the rule came out saying that it “presents significant challenges to customer reliability and affordability – as well as limits the potential of our ability to be a global leader in chips, artificial intelligence and advanced manufacturing,” echoing concerns from the National Rural Electric Cooperative Association. The EPA, however, maintains that recent federal investments in carbon capture — including an $85 tax credit for every ton of CO2 captured and stored — render it both “technically feasible and cost-reasonable.”
As part of the same announcement on Thursday, the Environmental Protection Agency finalized several additional regulations to rein in air and water pollution from coal-fired power plants, including mercury and toxic metals, wastewater, and coal ash, in addition to carbon emissions. During a call with reporters on Wednesday, EPA administrator Michael Regan argued that by finalizing all of these rules at once, the agency was providing the highest degree of regulatory certainty for the power industry. “This approach is both strategic and innovative,” he said. “We are ensuring that the power sector has the information needed to prepare for the future with confidence, enabling strong investment and planning decisions.”
Initially the EPA was going to require emissions cuts at existing natural gas plants, too, but the agency announced in February that it was delaying that rule in order to develop a “stronger, more durable approach.” EPA officials offered no new details on the timeline on Wednesday.
The two other biggest changes the agency made between the proposed and final rules were to push forward and shorten the timeline for coal plant compliance, and to lower the threshold determining how many natural gas plants have to meet the toughest standard — which means more plants will have to control their emissions.
The agency projects the new standards will prevent a total of nearly 1.4 billion metric tons of carbon emissions through 2047, which is about equal to the amount the power sector emits in a year. That’s significant, but it’s far less than the clean car rules the EPA finalized in March, which are expected to avoid 7.2 billion metric tons of carbon between 2027 and 2055. The EPA also estimates that the power plant rules will produce $370 billion in climate and health benefits over the next two decades, in terms of avoided deaths, hospital visits, and asthma cases.
The new emissions limits for coal plants are tied to how much longer a given coal plant is slated to operate. Those that plan to shut down before 2032 are exempt altogether. Those that plan to retire by 2039 have to reduce the amount of CO2 they emit per megawatt hour by replacing some of the coal they burn with natural gas beginning in 2030. Coal plants with no plans to retire before 2039 are subject to the highest standard, requiring a 90% drop in emissions by 2032 — which would require capturing the emissions and storing them underground.
These standards are certain to lead to more plant closures, but coal plants are already shutting down at a rapid pace purely based on economics and the fact that so many of them are so old. Getting the rules in place is less about tackling coal emissions, per se, and more about “getting utilities thinking more proactive about how they are going to replace these coal plants,” Michelle Solomon, a senior policy advisor at the nonprofit think tank Energy Innovation, told me.
Gas, however, is another story. Utilities have been sounding the alarm about a coming surge in electricity demand. Electric companies throughout the Southeast, as well as Texas, Wisconsin, and elsewhere, have proposed building dozens of new natural gas plants, arguing that renewables and batteries aren’t up to the task of providing a reliable, dispatchable source of power.
Whether that coming demand is real or inflated is a matter of debate. But regardless, clean energy researchers and advocates dispute the idea that gas plants are needed for reliability.
“Utilities are seeing an additional need for peak capacity, not an additional need for capacity throughout the day,” Solomon told me, asserting it was possible to meet those peaks with solar and storage, or even by improving efficiency so that the peaks aren’t as high. The trick is making sure we can bring those resources online fast enough. To that end, the Department of Energy also announced a number of initiatives to boost transmission infrastructure on Thursday.
The EPA’s regulations for new gas plants are tied to how frequently they are intended to operate. Plants that are designed to switch on during times of peak demand — a variety called a “simple cycle” combustion turbine plant — won’t have to do anything differently. Plants that run a bit more often — so-called “intermediate” resources that might run daily from mid-morning till the evening, at 20% to 40% of their annual capacity — will be required to install the most efficient equipment available on the market. Any that operate more frequently than that will be subject to the 90% emissions reduction standard by 2032. This primarily affects “combined cycle” plants, which are more efficient than simple cycle but can’t ramp up and down as quickly or easily.
Utilities with recently hatched plans to build simple cycle plants, including Georgia Power, are unlikely to be affected by the rule at all. “I do think that makes sense, given the focus of these rules, which are on carbon emissions,” Amanda Levin, a director of policy analysis at the Natural Resources Defense Council, told me. “Given the frequency and type of operation for [simple cycle], they’re not as significant as sources of CO2.”
But those utilities that are planning to build combined cycle projects — and many of them are — could be forced to go back to the drawing board. Norris noted that Duke Energy, which serves customers in North and South Carolina and has proposed building more than 6 gigawatts of combined cycle capacity, will be especially exposed.
For combined cycle plants, there are essentially two options to comply: Install carbon capture, or plan to run your plant a lot less frequently. In either case, it “dramatically increases the levelized cost of those units,” Norris told me. “So I think any reasonable regulator would say we've got to go back and do a much more rigorous comparative analysis to other least-cost solutions.”
Solomon has a more cynical view of the recent panic over electricity demand and rush to build new gas plants. “We’ve known that demand is growing, is going to grow, for a long time,” she told me. “The fact that there’s quite a lot of news about this just as the rules are coming out is unlikely to be a total coincidence.”
Editor’s note: This story has been updated to reflect statements from Duke Energy and trade groups.
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A conversation with Mary King, a vice president handling venture strategy at Aligned Capital
Today’s conversation is with Mary King, a vice president handling venture strategy at Aligned Capital, which has invested in developers like Summit Ridge and Brightnight. I reached out to Mary as a part of the broader range of conversations I’ve had with industry professionals since it has become clear Republicans in Congress will be taking a chainsaw to the Inflation Reduction Act. I wanted to ask her about investment philosophies in this trying time and how the landscape for putting capital into renewable energy has shifted. But Mary’s quite open with her view: these technologies aren’t going anywhere.
The following conversation has been lightly edited and abridged for clarity.
How do you approach working in this field given all the macro uncertainties?
It’s a really fair question. One, macro uncertainties aside, when you look at the levelized cost of energy report Lazard releases it is clear that there are forms of clean energy that are by far the cheapest to deploy. There are all kinds of reasons to do decarbonizing projects that aren’t clean energy generation: storage, resiliency, energy efficiency – this is massively cost saving. Like, a lot of the methane industry [exists] because there’s value in not leaking methane. There’s all sorts of stuff you can do that you don’t need policy incentives for.
That said, the policy questions are unavoidable. You can’t really ignore them and I don’t want to say they don’t matter to the industry – they do. It’s just, my belief in this being an investable asset class and incredibly important from a humanity perspective is unwavering. That’s the perspective I’ve been taking. This maybe isn’t going to be the most fun market, investing in decarbonizing things, but the sense of purpose and the belief in the underlying drivers of the industry outweigh that.
With respect to clean energy development, and the investment class working in development, how have things changed since January and the introduction of these bills that would pare back the IRA?
Both investors and companies are worried. There’s a lot more political and policy engagement. We’re seeing a lot of firms and organizations getting involved. I think companies are really trying to find ways to structure around the incentives. Companies and developers, I think everybody is trying to – for lack of a better term – future-proof themselves against the worst eventuality.
One of the things I’ve been personally thinking about is that the way developers generally make money is, you have a financier that’s going to buy a project from them, and the financier is going to have a certain investment rate of return, or IRR. So ITC [investment tax credit] or no ITC, that IRR is going to be the same. And the developer captures the difference.
My guess – and I’m not incredibly confident yet – but I think the industry just focuses on being less ITC dependent. Finding the projects that are juicier regardless of the ITC.
The other thing is that as drafts come out for what we’re expecting to see, it’s gone from bad to terrible to a little bit better. We’ll see what else happens as we see other iterations.
How are you evaluating companies and projects differently today, compared to how you were maybe before it was clear the IRA would be targeted?
Let’s say that we’re looking at a project developer and they have a series of projects. Right now we’re thinking about a few things. First, what assets are these? It’s not all ITC and PTC. A lot of it is other credits. Going through and asking, how at risk are these credits? And then, once we know how at risk those credits are we apply it at a project level.
This also raises a question of whether you’re going to be able to find as many projects. Is there going to be as much demand if you’re not able to get to an IRR? Is the industry going to pay that?
What gives you optimism in this moment?
I’ll just look at the levelized cost of energy and looking at the unsubsidized tables say these are the projects that make sense and will still get built. Utility-scale solar? Really attractive. Some of these next-gen geothermal projects, I think those are going to be cost effective.
The other thing is that the cost of battery storage is just declining so rapidly and it’s continuing to decline. We are as a country expected to compare the current price of these technologies in perpetuity to the current price of oil and gas, which is challenging and where the technologies have not changed materially. So we’re not going to see the cost decline we’re going to see in renewables.
And more news around renewable energy conflicts.
1. Nantucket County, Massachusetts – The SouthCoast offshore wind project will be forced to abandon its existing power purchase agreements with Massachusetts and Rhode Island if the Trump administration’s wind permitting freeze continues, according to court filings submitted last week.
2. Tippacanoe County, Indiana – This county has now passed a full solar moratorium but is looking at grandfathering one large utility-scale project: RWE and Geenex’s Rainbow Trout solar farm.
3. Columbia County, Wisconsin – An Alliant wind farm named after this county is facing its own pushback as the developer begins the state permitting process and is seeking community buy-in through public info hearings.
4. Washington County, Arkansas – It turns out even mere exploration for a wind project out in this stretch of northwest Arkansas can get you in trouble with locals.
5. Wagoner County, Oklahoma – A large NextEra solar project has been blocked by county officials despite support from some Republican politicians in the Sooner state.
6. Skagit County, Washington – If you’re looking for a ray of developer sunshine on a cloudy day, look no further than this Washington State county that’s bucking opposition to a BESS facility.
7. Orange County, California – A progressive Democratic congressman is now opposing a large battery storage project in his district and talking about battery fire risks, the latest sign of a populist revolt in California against BESS facilities.
Permitting delays and missed deadlines are bedeviling solar developers and activist groups alike. What’s going on?
It’s no longer possible to say the Trump administration is moving solar projects along as one of the nation’s largest solar farms is being quietly delayed and even observers fighting the project aren’t sure why.
Months ago, it looked like Trump was going to start greenlighting large-scale solar with an emphasis out West. Agency spokespeople told me Trump’s 60-day pause on permitting solar projects had been lifted and then the Bureau of Land Management formally approved its first utility-scale project under this administration, Leeward Renewable Energy’s Elisabeth solar project in Arizona, and BLM also unveiled other solar projects it “reasonably” expected would be developed in the area surrounding Elisabeth.
But the biggest indicator of Trump’s thinking on solar out west was Esmeralda 7, a compilation of solar project proposals in western Nevada from NextEra, Invenergy, Arevia, ConnectGen, and other developers that would, if constructed, produce at least 6 gigawatts of power. My colleague Matthew Zeitlin was first to report that BLM officials updated the timetable for fully permitting the expansive project to say it would complete its environmental review by late April and be completely finished with the federal bureaucratic process by mid-July. BLM told Matthew that the final environmental impact statement – the official study completing the environmental review – would be published “in the coming days or week or so.”
More than two months later, it’s crickets from BLM on Esmeralda 7. BLM never released the study that its website as of today still says should’ve come out in late April. I asked BLM for comment on this and a spokesperson simply told me the agency “does not have any updates to share on this project at this time.”
This state of quiet stasis is not unique to Esmeralda; for example, Leeward has yet to receive a final environmental impact statement for its 700 mega-watt Copper Rays solar project in Nevada’s Pahrump Valley that BLM records state was to be published in early May. Earlier this month, BLM updated the project timeline for another Nevada solar project – EDF’s Bonanza – to say it would come out imminently, too, but nothing’s been released.
Delays happen in the federal government and timelines aren’t always met. But on its face, it is hard for stakeholders I speak with out in Nevada to take these months-long stutters as simply good faith bureaucratic hold-ups. And it’s even making work fighting solar for activists out in the desert much more confusing.
For Shaaron Netherton, executive director of the conservation group Friends of the Nevada Wilderness, these solar project permitting delays mean an uncertain future. Friends of the Nevada Wilderness is a volunteer group of ecology protection activists that is opposing Esmeralda 7 and filed its first lawsuit against Greenlink West, a transmission project that will connect the massive solar constellation to the energy grid. Netherton told me her group may sue against the approval of Esmeralda 7… but that the next phase of their battle against the project is a hazy unknown.
“It’s just kind of a black hole,” she told me of the Esmeralda 7 permitting process. “We will litigate Esmeralda 7 if we have to, and we were hoping that with this administration there would be a little bit of a pause. There may be. That’s still up in the air.”
I’d like to note that Netherton’s organization has different reasons for opposition than I normally write about in The Fight. Instead of concerns about property values or conspiracies about battery fires, her organization and a multitude of other desert ecosystem advocates are trying to avoid a future where large industries of any type harm or damage one of the nation’s most biodiverse and undeveloped areas.
This concern for nature has historically motivated environmental activism. But it’s also precisely the sort of advocacy that Trump officials have opposed tooth-and-nail, dating back to the president’s previous term, when advocates successfully opposed his rewrite of Endangered Species Act regulations. This reason – a motivation to hippie-punch, so to speak – is a reason why I hardly expect species protection to be enough of a concern to stop solar projects in their tracks under Trump, at least for now. There’s also the whole “energy dominance” thing, though Trump has been wishy-washy on adhering to that goal.
Patrick Donnelly, great basin director at the Center for Biological Diversity, agrees that this is a period of confusion but not necessarily an end to solar permitting on BLM land.
“[Solar] is moving a lot slower than it was six months ago, when it was coming at a breakneck pace,” said Patrick Donnelly of the Center for Biological Diversity. “How much of that is ideological versus 15-20% of the agencies taking early retirement and utter chaos inside the agencies? I’m not sure. But my feeling is it’s less ideological. I really don’t think Trump’s going to just start saying no to these energy projects.”