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Freezing temperatures plus late sunrises have led to some close calls in Texas.
The Texas grid has had two close calls already this week, leading ERCOT, the electricity market that covers about 90% of the state, to ask households, businesses, and government agencies to conserve energy due to high demand. These calls for moderation are nothing new — ERCOT issued several of them issued this summer, when temperatures were over 100 degrees Fahrenheit in much of the state. What’s new is that these calls weren’t coming on sweltering afternoons, but rather on freezing mornings.
Traditionally, we start to get nervous about the electric grid in the summertime around sunset. With air conditioners running and people getting home from work, demand for electricity goes up just as a major source of it (that is, solar power) starts to taper off. This effect is known in California as the “duck curve,” and in Texas as the “dead armadillo curve,” referring to the shape of graphs showing hourly demand on the grid.
The basic issue on very cold days like the ones Texas has been experiencing is that people wake up and start consuming electricity — especially heat, which is largely electric in Texas — before the sun comes up. Solar power provides around a fifth of the state’s electricity in the afternoon, even in winter. But at 7 a.m. on a January morning in Austin, the sun is nowhere to be found. Add on the fact that the rest of the system, especially its natural gas production system and power plants, is at risk of weather-related issues — sometimes literally freezing — and winter, especially winter mornings, become very touch-and-go.
While the Texas grid is unique in its relatively free-market organization and isolation from the rest of the country, it is certainly not unique in experiencing winter — if anything, more of the country may start to look like Texas. Not every decarbonized energy system would be at the mercy of very cold mornings, and batteries for storing excess electricity on the grid can help fill gaps when solar is unavailable. But decarbonization nationwide will necessarily lead to load growth, which means that making it so you can get out of bed and keep your toes warm will put pressure on electricity systems everywhere.
New England’s grid is forecasting that its winter peak demand will increase around 3% per year, three times faster than the summer peak, with some 3,000 megawatts of that 6,000 to 9,000 MW projected increase coming from electrification of home heating. In New York, grid planners expect heating-related demand to double over 30 years, and even surpass summer demand by around 2040 thanks to a combination of electric vehicle adoption and the use of heat pumps for home heating. In Quebec, which features a unique combination of extremely cold winter temperatures and plentiful green energy in the form of hydropower from its massive dams, plus home heating systems that are mostly electric already, demand tends to peak on very cold winter days.
While Texas is unlikely to pursue climate policy as aggressive as New England, New York, or (shudders) Canada, it does have a burgeoning renewables sector and an incumbent electrified home heating system that leaves it vulnerable to weather-dictated swings in demand.
And Texas has been uncommonly cold lately. In Austin, temperatures have remained below freezing since very early Sunday morning, dipping as low as 18 degrees on Monday and Tuesday mornings. In Houston, temperatures got as low as 20 on Tuesday morning. The system burst through its January demand record by 5,000 megawatts early this week, breaking a record set in late 2022 during Winter Storm Elliott.
This time, the grid was able to meet the high winter demand without malfunctioning, unlike during 2021’s Winter Storm Uri, when much of the state’s generation system tripped offline for days, resulting in prolonged blackouts and hundreds of deaths.
Since Winter Storm Uri, advocates and analysts have bemoaned that while Texas does have electrified heating, it tends to be inefficient resistance heat (think electric furnaces and baseboard heating) instead of more efficient heat pumps, which is then called upon to heat homes built with little or sometimes no insulation. At very low temperatures, according to one expert report on Winter Storm Uri, “uninsulated homes cannot be heated effectively.” Texas only adopted a mandatory building code in 2001; last year, the state’s Governor Greg Abbott vetoed a bill that would have updated codes for new buildings in the course of a fight with the state legislature over property taxes.
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On tax credit deadlines, America’s nuclear export hopes, and data center flexibility
Current conditions: Hurricane Erin’s riptides continue lashing the Atlantic Coast, bringing 15-foot waves to the eastern end of New York’s Long Island • In Colorado, the Derby fire tripled in size to more than 2,600 acres, prompting evacuations in the county north of the ski enclave of Aspen • Heavy rain in Sydney set a new 18-year record.
Trump is preparing to onshore turbines, likely shrinking their numbers. Scott Olson/Getty Images
The Trump administration launched an investigation into imported wind turbines and parts, teeing up what Bloomberg called a “potential precursor to adding more tariffs on the clean-energy components.” The Department of Commerce started a national security probe on August 13 to query whether the imports undermine domestic production and put the country at risk from foreign opponents, according to a notice posted Thursday on the agency’s website. The agency already said this week that it would include wind turbines and related parts on the list of products facing 50% steel and aluminum tariffs. As of 2023, at least 41% of wind-related equipment to the U.S. came from Mexico, Canada, and China, according to figures Bloomberg cited from the consultancy Wood Mackenzie.
Also on Thursday, the Treasury Department published an FAQ document outlining the phaseout dates for eight key energy efficiency tax credits repealed under the One Big Beautiful Bill Act. The rules all deal with zero-carbon vehicles or energy efficiency rebates for home improvements.
As Heatmap’s Emily Pontecorvo and Robinson Meyer wrote when the first tranche of data on the programs came out around this time last year, millions of Americans had already taken advantage of at least one of the credits. But the uptake was largely concentrated among households earning $100,000 per year or more.
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For years, Westinghouse has been locked in an intellectual property dispute with South Korea’s two state-owned nuclear companies, as the American atomic energy giant accused the Korea Electric Power Corporation and its subsidiary, Korea Hydro & Nuclear Power, of ripping off its reactor technology. This week, the companies brokered a settlement that would keep the Korean giants from bidding on projects in North America, Europe, Japan, the United Kingdom, and Ukraine, effectively eliminating what is arguably the United States’ most capable rival outside of Russia and China from the key markets Washington wants to dominate. That could spur a lot more bids for Westinghouse’s flagship gigawatt-sized AP1000 reactor, projects for which are already underway in Poland, Slovakia, and Ukraine. But KoreaPro reported on Thursday that South Korea is pushing back on a deal Seoul fears infringes on its sovereignty.
In Sweden, meanwhile, the U.S.-Japanese joint venture GE Vernova-Hitachi Nuclear Energy secured a new deal to build its 300-megawatt small modular reactor that the government in Stockholm explicitly pitched as a bid to strengthen its trans-Atlantic security ties. “This is the beginning of something bigger, in many ways,” Ebba Busch, Sweden’s deputy prime minister, wrote in a post on LinkedIn. “As in the NATO process, Sweden is part of a larger movement.”
The Department of Energy extended its emergency order directing the J.H. Campbell Generating Plant in Michigan to remain open past its planned retirement. Secretary of Energy Chris Wright initially ordered the 1,420-megawatt coal station to stay online three months past its May 31 shutdown date, citing risks of electricity shortages in the Midcontinent Independent System Operator, the electrical grid that runs from the Upper Midwest down to Louisiana. Starting Thursday, the latest order directs the plant’s owners to keep the station running November 19. The consultancy Grid Strategies estimated last week that if the Trump administration expands the effort to cover all 54 aging fossil fuel plants slated for closure between now and 2028, the program will cost upward of $6 billion. Last week, the Federal Energy Regulatory Commission approved a framework for the utilities that own the affected plants to recoup the costs of operating the power stations past the closure dates from ratepayers, despite surging electricity prices.
The Data Center Coalition, a leading trade association representing the burgeoning server farm industry, has endorsed adopting programs to curb electricity demand when the grid is under stress. In a filing Thursday with the North Carolina Utility Commission, the industry group said it “supports exploring well-structured, voluntary demand-response and load flexibility programs for large load customers that allocates risk appropriately, provides clear incentives and compensation, and allows customers to meet their sustainability commitments.”
Researchers at Duke University put out an influential paper in February that found the U.S. could add gigawatts of additional demand from new data centers without building out an equivalent amount of generating plants if those facilities could curtail power usage when demand was particularly high. Heatmap’s Matthew Zeitlin described the strategy as “one weird trick for getting more data centers on the grid,” boiling down the approach simply as: “Just turn them off sometimes.” When I interviewed Tyler Norris, the study’s lead author, he pitched the idea as a way “to buy us some time” to figure out exactly how much electricity the artificial intelligence boom requires before we build out a bunch of gas plants that are even more expensive than usual due to the years-long backorder of turbines.
Researchers at the University of Houston claim to have made two major breakthroughs in carbon capture technology. The first breakthrough, published in the journal Nature Communications, introduces a new electrochemical process for filtering out carbon dioxide that avoids using a membrane like traditional carbon capture technology. The second, featured on the cover of the journal ES&T Engineering, demonstrates a new vanadium-based flow battery that could be used both to capture carbon and to store renewable energy. “We need solutions, and we wanted to be part of the solution. The biggest suspect out there is CO2 emissions, so the low-hanging fruit would be to eliminate those emissions,” Mim Rahimi, a professor at the University of Houston’s Cullen College of Engineering, said in a statement. “From membraneless systems to scalable flow systems, we’re charting pathways to decarbonize hard-to-abate sectors and support the transition to a low-carbon economy.”
A conversation with Scott Cockerham of Latham and Watkins.
This week’s conversation is with Scott Cockerham, a partner with the law firm Latham and Watkins whose expertise I sought to help me best understand the Treasury Department’s recent guidance on the federal solar and wind tax credits. We focused on something you’ve probably been thinking about a lot: how to qualify for the “start construction” part of the new tax regime, which is the primary hurdle for anyone still in the thicket of a fight with local opposition.
The following is our chat lightly edited for clarity. Enjoy.
So can you explain what we’re looking at here with the guidance and its approach to what it considers the beginning of construction?
One of the reasons for the guidance was a distinction in the final version of the bill that treated wind and solar differently for purposes of tax credit phase-outs. They landed on those types of assets being placed in service by the end of 2027, or construction having to begin within 12 months of enactment – by July 4th, 2026. But as part of the final package, the Trump administration promised the House Freedom Caucus members they would tighten up what it means to ‘start construction’ for solar and wind assets in particular.
In terms of changes, probably the biggest difference is that for projects over 1.5 megawatts of output, you can no longer use a “5% safe harbor” to qualify projects. The 5% safe harbor was a construct in prior start of construction guidance saying you could begin construction by incurring 5% of your project cost. That will no longer be available for larger projects. Residential projects and other smaller solar projects will still have that available to them. But that is probably the biggest change.
The other avenue to start construction is called the “physical work test,” which requires the commencement of physical work of a significant nature. The work can either be performed on-site or it can be performed off-site by a vendor. The new guidance largely parrotted those rules from prior guidance and in many cases transferred the concepts word-for-word. So on the physical work side, not much changed.
Significantly, there’s another aspect of these rules that say you have to continue work once you start. It’s like asking if you really ran a race if you didn’t keep going to the finish line. Helpfully, the new guidance retains an old rule saying that you’re assumed to have worked continuously if you place in service within four calendar years after the year work began. So if you begin in 2025 you have until the end of 2029 to place in service without having to prove continuous work. There had been rumors about that four-year window being shortened, so the fact that it was retained is very helpful to project pipelines.
The other major point I’d highlight is that the effective date of the new guidance is September 2. There’s still a limited window between now and then to continue to access the old rules. This also provides greater certainty for developers who attempted to start construction under the old rules after July 4, 2025. They can be confident that what they did still works assuming it was consistent with the prior guidance.
On the construction start – what kinds of projects would’ve maybe opted to use the 5% cost metric before?
Generally speaking it has mostly been distributed generation and residential solar projects. On the utility scale side it had recently tended to be projects buying domestic modules where there might have been an angle to access the domestic content tax credit bonus as well.
For larger projects, the 5% test can be quite expensive. If you’re a 200-megawatt project, 5% of your project is not nothing – that actually can be quite high. I would say probably the majority of utility scale projects in recent years had relied on the manufacturing of transformers as the primary strategy.
So now that option is not available to utility scale projects anymore?
The domestic content bonus is still available, but prior to September 2 you can procure modules for a large project and potentially both begin construction and qualify for the domestic content bonus at the same time. Beginning September 2 the module procurement wouldn’t help that same project begin construction.
Okay, so help me understand what kinds of work will developers need to do in order to pass the physical work test here?
A lot of it is market-driven by preferences from tax equity investors and tax credit buyers and their tax counsel. Over the last 8 years or so transformer manufacturing has become quite popular. I expect that to continue to be an avenue people will pursue. Another avenue we see quite often is on-site physical work, so for a wind project for example that can involve digging foundations for your wind turbines, covering them with concrete slabs, and doing work for something called string roads – roads that go between your turbines primarily for operations and maintenance. On the solar side, it would be similar kinds of on-site work: foundation work, road work, driving piles, putting things up at the site.
One of the things that is more difficult about the physical work test as opposed to the 5% test is that it is subjective. I always tell people that more work is always better. In the first instance it’s likely up to whatever your financing party thinks is enough and that’s going to be a project-specific determination, typically.
Okay, and how much will permitting be a factor in passing the physical work test?
It depends. It can certainly affect on-site work if you don’t have access to the site yet. That is obviously problematic.
But it wouldn’t prevent you from doing an off-site physical work strategy. That would involve procuring a non-inventory item like a transformer for the project. So there are still different things you can do depending on the facts.
What’s your ultimate takeaway on the Treasury guidance overall?
It certainly makes beginning construction on wind and solar more difficult, but I think the overall reaction that I and others in the market have mostly had is that the guidance came out much better than people feared. There were a lot of rumors going around about things that could have been really problematic, but for the most part, other than the 5% test option going away, the sense is that not a whole lot changed. This is a positive result on the development side.
And more of the week’s most important news around renewable energy conflicts.
1. Carroll County, Arkansas – The head of an influential national right-wing advocacy group is now targeting a wind project in Arkansas, seeking federal intervention to block something that looked like it would be built.
2. Suffolk County, New York – EPA Administrator Lee Zeldin this week endorsed efforts by activists on Long Island to oppose energy storage in their neighborhoods.
3. Multiple counties, Indiana – This has been a very bad week for renewables in the Sooner state.
4. Brunswick County, North Carolina – Duke Energy is pouring cold water on anyone still interested in developing offshore wind off the coast of North Carolina.
5. Bell County, Texas – We have a solar transmission stand-off brewing in Texas, of all places.