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What happens when America’s biggest source of clean energy pivots to hydrogen?
After the Inflation Reduction Act was signed into law, and initial excitement about its historic investment in tackling climate change turned to deeper analysis, researchers made an alarming discovery. One of the IRA’s big ticket items, a tax credit for clean hydrogen, risks underwriting a major increase in emissions if not implemented carefully. That finding has erupted into a high-stakes debate over how the Treasury Department should define “clean hydrogen.”
Treasury’s decision, which is expected in the coming weeks, will have many implications, but one that deserves more scrutiny is what it could mean for nuclear power, still the largest and most reliable source of carbon-free energy in the U.S.
Nuclear reactors are uniquely well-suited to power hydrogen production, which in turn holds great promise to clean up some of the hardest parts of the economy to decarbonize.
But there's a trade-off: If any of the existing nuclear fleet pivots to making hydrogen, coal and natural gas plants are likely to fill in for that lost power on the grid. That would drive up emissions in the near term and make it harder for states to achieve their clean energy goals.
The debate boils down to whether it’s more advantageous to use our existing nuclear fleet to kickstart a hydrogen economy — likely sacrificing near-term emission reductions in the process — or to shore up a carbon-free grid.
This is what the Treasury Department must grapple with as it writes the rules for the new tax credit. In an exclusive interview with Heatmap, officials from the Department of Energy, which is advising the Treasury, said they want to see existing nuclear plants qualify. But as Daniel Esposito, a senior policy analyst at the nonprofit Energy Innovation, told me, “There's just a lot of layers to how bad this can get.”
Hydrogen already plays an essential, yet small role in the global economy as an ingredient in the production of fertilizer and oil refining. But as the world looks for alternatives to fossil fuels, hydrogen, which burns without releasing carbon, could play a much bigger role by powering industries that are proving difficult to decarbonize with renewable electricity, like shipping, aviation, and steelmaking. The challenge is that it takes energy to make hydrogen in the first place. Today the vast majority is made in a carbon-intensive process involving natural gas or coal.
There is an alternative method, called electrolysis, which extracts hydrogen from water using electricity and doesn’t directly release emissions. But it’s too expensive to be competitive with the fossil fuel version right now. The tax credit in the Inflation Reduction Act could change that, but to qualify, hydrogen producers would have to prove their electricity is carbon-free, too.
That’s where nuclear power comes in.
There are many reasons nuclear plants are considered a good fit for this process. Electrolyzers, the enabling technology for electrolysis, are still relatively new and expensive. Nuclear reactors could power them 24/7, maximizing production.
Nuclear plants are also well-located. They sit near bodies of water, which is necessary for electrolysis. They’re often adjacent to rail lines that could transport the resulting hydrogen. And many are close to heavy industrial sites that could become customers.
There’s potential for efficiency gains — a lot of nuclear reactors already require a bit of hydrogen for their operations, so they could produce their own instead of shipping it in.
And perhaps most thrillingly, nuclear reactors produce a lot of heat. With a more nascent version of the technology called high temperature electrolysis, that heat could be harnessed to boil water into steam, reducing the amount of energy required to extract hydrogen from it.
Unfortunately, there’s one big drawback. The nation’s existing nuclear plants already run at more than 90% capacity. They supply nearly 20% of total annual electricity generation. They don’t exactly have more energy to give.
Esposito and others warn that the hydrogen tax credit is so lucrative that if the Treasury’s upcoming rules allow existing reactors to qualify as a zero-emissions source of electricity, it would create a perverse incentive for nuclear companies to start diverting their power to hydrogen production. Nuclear plants currently earn about $30 per megawatt-hour from energy markets, but Esposito estimates they could earn $60 to $70 per megawatt-hour by producing hydrogen. Though indirectly, this would almost certainly increase U.S. emissions in the near term.
“You could see a world where all of the U.S. nukes pivot to supplying electrolyzers and just print money that way,” said Esposito. “Then you're pulling off 20% of U.S. power, and fossil fuels would be what fill in for that, because we just can't build clean energy fast enough to replace it.”
But Constellation Energy, the country’s largest owner of nuclear plants, with big plans to produce hydrogen, argues that letting its reactors qualify under the tax credit rules isn’t about printing money, but about making clean hydrogen cheap enough that customers actually buy it.
“By lowering the cost of the hydrogen, the tax credit is going to increase the ability of manufacturers and other hydrogen users to decarbonize their operations,” Mason Emnett, senior vice president of public policy at Constellation, told me. “Without that support, there's just not going to be a market for clean hydrogen.”
Top Department of Energy officials seem to agree. “We're very hopeful that [the tax credit] will be applicable to existing reactors,” Dr. Kathryn Huff, assistant secretary of the Office of Nuclear Energy, told me in an interview.
The Department of Energy has long been excited by the synergies between nuclear plants and hydrogen production. In fact, just a few years ago, the agency saw hydrogen as a new market that could save the nation’s nuclear plants, which were shutting down left and right as they struggled to compete with the cheap natural gas of the fracking boom.
But today, natural gas prices are up. There’s a bevy of new government grants and subsidies from the Bipartisan Infrastructure Law and the Inflation Reduction Act to keep nuclear plants open. Now hydrogen looks more like a great business opportunity than a savior for the industry.
Last September, not long after the Inflation Reduction Act was signed, Morgan Stanley issued a report noting that Constellation was poised to unlock new opportunities for its nuclear plants and “attractive returns for hydrogen facilities,” according to S&PGlobal. If the company dedicated just 5% of its capacity to hydrogen production, the report said, it could increase its annual earnings before taxes by $300 to $350 million.
Constellation made its first big move in February, announcing plans to build a $900 million hydrogen production facility in the Midwest that will use 250 MW of its existing capacity. That’s only about 1% of the company’s total nuclear fleet. But to Esposito, it’s a worrisome sign.
“It’s very likely we’d see many other similar announcements,” he told me. “And crucially, as these clean energy resources switch from powering the grid to producing hydrogen, we’d be losing our cheapest existing sources of clean electricity.”
It’s also concerning to climate advocates in Illinois, where Constellation owns six nuclear plants. The state has an ambitious clean energy goal, and is counting on those reactors to be a source of always-available, carbon-free electricity as it shuts down coal plants and builds more renewables.
“Even if it's small, that's still headed in the wrong direction in a world where we are fighting as hard as we can to quickly decarbonize the power sector,” said JC Kibbey, a clean energy advocate with the Natural Resources Defense Council in Illinois.
Constellation doesn’t see that as the company’s problem. Emnett said that much of its nuclear generation is already contracted out to local utilities for the benefit of customers for the next several years, meaning it can’t be “diverted” to hydrogen, at least until those contracts are up. The rest is theirs to sell to whomever wants to buy it. “There's no diversion of electricity,” he said. “There's electricity that is available for use, and we can sell electricity to power a shopping center or we can sell electricity to power an electrolyzer for hydrogen production.”
Constellation also makes the case that if one of its reactors are powering a hydrogen plant on-site, without using the grid at all, there should be no question that the process is carbon-free.
But Rachel Fakhry, a senior climate and clean energy advocate at the Natural Resources Defense Council, said it doesn’t matter whether a hydrogen facility is connected directly to a clean power source or whether it gets power through the grid. The issue is when no new, clean resources have been built to support this big new source of demand. In either case, less nuclear power will be flowing to other customers, and more coal or gas-fired generation will ramp up to fill in the gap. Electrolysis is so energy-intensive that those indirect emissions would be higher than emissions from current hydrogen production using natural gas. “Treasury must account for those induced emissions,” Fakhry said.
Many climate and energy policy experts agree that the resulting hydrogen should not be subsidized, or considered “clean.”
The law itself sends mixed messages to the Treasury about what Congress intended. It says the Department must account for “lifecycle” greenhouse gas emissions from hydrogen production, but it also includes a clause that explicitly permits existing nuclear plant operators to claim the tax credit.
Fakhry argued this should not be interpreted to mean nuclear companies are entitled to the credit. She said one way existing plants could qualify is if they are modified to increase their power output.
Some experts see a middle ground. Adam Stein, director of the Nuclear Energy Innovation program at the Breakthrough Institute, said those induced emissions are not the full picture.
He cited a number of other factors to consider, like the fact that one of the main obstacles to building new sources of clean energy right now is a clogged electric grid. If diverting some nuclear power to hydrogen frees up some room on the grid, that could be a good thing. “The question does not become, in my view, whether nuclear power plants should be eligible for this,” he said. “It’s at what point in the sliding scale of percentage of the tax credit they should be eligible for.” The tax credit is tiered, such that companies can earn different amounts depending on the carbon intensity of their production process.
In a sense, the debate is also about short-term and long-term priorities.
When I asked Huff, the assistant secretary in the Office of Nuclear Energy, whether she felt there were any risks of pairing nuclear and hydrogen, she only noted the shortcomings of not doing so. “I think there are risks in terms of whether or not we can successfully scale up a hydrogen economy,” she said. “There is this risk that it never materializes.”
Her colleague Jason Tokey, the team lead for reactor optimization and modernization chimed in. “As a country, we're not seeking to just decarbonize the power grid, we're seeking to decarbonize the entire economy,” he said. “Clean hydrogen has a critical role to play in that economy-wide decarbonization, and using clean energy sources like nuclear to produce hydrogen really enables that.”
The agency is also excited about the prospect of innovations that could help decarbonize both the grid and the rest of the economy. There are already hours of the day in some places where nuclear plants aren’t needed because there’s so much solar power being produced, said Huff. She said the “operational vision” is to have nuclear operators learn how to switch back and forth between serving the grid and offloading their power into hydrogen when it’s not needed, which will enable more renewable resources to come online. “It is absolutely imperative that we make sure nuclear plants can flex with the grid.”
Emnett said Constellation is planning to test this out at Nine Mile Point, a nuclear plant in upstate New York that received $5.8 million from the DOE for a hydrogen production pilot project.
“We are excited about the possibility of creating flexibility for nuclear plants,” he said. “You can start to think about a system where nuclear with flexible hydrogen production is pairing with variable wind and solar and batteries in a decarbonized future world. And so we're at a point now where we're proving out those capabilities.”
But without the tax credit, he said, “there's just not any conversation, there's no ability to explore the innovation, because we never get out of the gate.”
Whether that gate should be swung open or shut is now in the hands of the U.S. Department of Treasury.
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The Republican effort at permitting reform by way of the reconciliation process appears to have failed — or at least gotten washed out in the “Byrd Bath.”
Democrats on the Senate Budget Committee announced late Thursday night that the chamber’s parliamentarian had advised that several provisions of the new reconciliation bill text violated the “Byrd Rule” and thus were subject to a 60-vote threshold instead of simple majority rule. The parliamentarian has been going over the Senate bill for the past week and her rulings on more sections of the bill are expected this weekend.
The permitting reform plan drawn by the Senate Environment and Public Works Committee essentially allowed project developers to prevent environmental reviews from being subject to litigation if they paid an upfront fee of 125% of the review’s expected cost. A similar provision was included in the House bill.
Rhode Island Democrat Sheldon White House, the ranking member on the Committee, described the permitting language as “turning the National Environmental Policy Act into a pay-to-play scheme” and “a scam ripe for Trump-style corruption.”
Clean energy groups have historically supported efforts to streamline and speed up permitting (and many environmental groups have opposed them), although typically bipartisan ones, like the legislation worked out by the Senate Energy and Natural Resources Committee in the previous Congress, that never gained support in the House of Representatives. Environmental groups have long worried that permitting reform, even bipartisan bills, would benefit the fossil fuel industry by disabling checks against massive oil, coal, and gas projects, whereas the renewable energy industry often sees as an opportunity to more quickly and cheaply advance their own projects.
Payment of the fee would also impose a one year timeline for an environmental impact statement, the most extensive type of review, and a six month timeline for an environmental assessment. The timelines were not ruled out by the parliamentarian, according to the Senate Budget Democrats.
The payment aspect of the plan was crucial to give it a shot at surviving the Byrd Rule, because it meant that the provisions decreased the deficit and thus could be argued to be primarily budgetary in nature (the same way, say, a new tax is).
While the parliamentarian or the Budget Committee didn’t disclose the justification for ruling out the judicial review provisions, Bobby Kogan, a former Budget Committee staffer who works at the liberal Center for American Progress, told me that the provision could have tripped up multiple provisions of the Byrd Rule.
“My guess is that judicial review is presumably outside the jurisdiction of EPW and it’s also probably non-budgetary. If it was budgetary, it’s probably merely incidental — it’s fundamentally about permitting,” Kogan said. “Almost certainly, the judicial thing was killed for merely incidental,” Kogan told me.
A Senate Budget spokesperson did not return a request for comment.
Republicans in the Senate could simply drop the provision or force the whole Senate to take a vote on it — but that vote would be subject to the 60-vote threshold to defeat a filibuster.
While the parliamentarian’s ruling probably means that this attempt at meaningful permitting reform is likely dead, the Trump administration and the Supreme Court have taken several whacks at the National Environmental Policy Act, with the Court recently ruling that agencies can limit themselves to the immediately environmental impact of government actions and instructing lower courts to give more deference to agencies’ reviews.
A new “foreign entities of concern” proposal might be just as unworkable as the House version.
In the House’s version of Trump’s One, Big, Beautiful Bill Act Republicans proposed denying tax credits to clean energy companies whose supply chains contained any ties — big or small — to China. The rules were so administratively and logistically difficult, industry leaders said, that they were effectively the same as killing the tax credits altogether.
Now the Senate is out with a different proposal that, at least on its face, seems to be more flexible and easier to comply with. But upon deeper inspection, it may prove just as unworkable.
“It has the veneer of giving more specificity and clarity,” Kristina Costa, a Biden White House official who worked on Inflation Reduction Act implementation, told me. “But a lot of the fundamental issues that were present in the House bill remain.”
The provisions in question are known as the “foreign entities of concern” or FEOC rules. They penalize companies for having financial or material relationships with businesses that are “owned by, controlled by, or subject to the jurisdiction or direction of” any of four countries — Russia, Iran, North Korea, and, most importantly for clean energy technology, China.
The Inflation Reduction Act imposed FEOC restrictions on just one clean energy tax credit — the $7,500 consumer credit for electric vehicles. Starting in 2024, if automakers wanted their cars to qualify, they could not use battery components that were manufactured or assembled by a FEOC. The rules ratcheted up over time, later disallowing critical minerals extracted or processed by a FEOC.
The idea, Costa told me, was to “target the most economically important components and materials for our energy security and economic security.” But now, the GOP is attempting to impose FEOC restrictions liberally to every tax credit and every component, in a world where China is the biggest lithium producer and dominates roughly 80% of the solar supply chain.
Not only would sourcing outside China be challenging, it would also be an administrative nightmare. The way the House’s reconciliation bill was written, a single bolt or screw sourced from a Chinese company, or even a business partially owned by Chinese citizens, could disqualify an entire project. “How in the world are you going to trace five layers down to a subcontractor who’s buying a bolt and a screw?” John Ketchum, the CEO of the energy company NextEra, said at a recent Politico summit. Ketchum deemed the rules “unworkable.”
The Senate proposal would similarly attach FEOC rules to every tax credit, but it has a slightly different approach. Rather than a straight ban on Chinese sourcing, the bill would phase-in supply chain restrictions, requiring project developers and manufacturers to use fewer and fewer Chinese-sourced inputs over time. For example, starting next year, in order for a solar farm to qualify for tax credits, 40% of the value of the materials used to develop the project could not be tied to a FEOC. By 2030, the threshold would rise to 60%. The bill includes a schedule of benchmarks for each tax credit.
“That might be strict, but it’s clearer and more specific, and it’s potentially doable,” Derrick Flakoll, the senior policy associate for North America at BloombergNEF, told me. “It’s not an all or nothing test.”
But how companies should calculate this percentage is not self-evident. The Senate bill instructs the Treasury department to issue guidance for how companies should weigh the various sub-components that make up a project. It references guidance issued by the Biden administration for the purposes of qualifying for a domestic content bonus credit, and says companies can use this for the FEOC rules until new guidance is issued.
Mike Hall, the CEO of a company called Anza that provides supply chain data and analytics to solar developers, told me he felt that the schedule was achievable for solar farm developers. But the Biden-era guidance only contains instructions for wind, solar, and batteries. It’s unclear what a company building a geothermal project or seeking to claim the manufacturing tax credit would need to do.
Costa was skeptical that the Senate bill was, in fact, clearer or more specific than the House version. “They’re not providing the level of precision in their definitions that it would take to be confident that the effect of what they’re doing here will not still require going upstream to every nut, bolt, screw, and wire in a project,” she said.
It’s also hard to tell whether certain parts of the text are intentional or a drafting error. There’s a section that Flakoll had interpreted as a grandfathering clause to allow companies to exempt certain components from the calculation if they had pre-existing procurement contracts for those materials. But Costa said that even though that seems to have been the intent, the way that it’s written does not actually achieve that goal.
In addition to rules on sourcing, the Senate bill would introduce strict ownership rules that could potentially disqualify projects that are already under construction or factories that are already producing eligible components. The text contains a long list defining various relationships with Chinese entities that would disqualify a company from tax credits. Perhaps the simplest one is if a Chinese entity owns just 25% of the company.
BloombergNEF analyzed the pipeline of solar and battery factories that are operational, under construction, or have been announced in the U.S. as of March, and quite a few have links to China. The research firm identified 22 firms “headquartered in China with Chinese parent companies or majority-Chinese shareholders” that are behind more than 100 existing or planned solar or battery factories in the U.S.
One example is AESC, a Japanese battery manufacturer that sold a controlling stake in the business to a Chinese company in 2018. AESC has two gigafactories under construction in Kentucky and South Carolina, both of which are currently paused, and a third operating in Tennessee. Another is Illuminate USA, a joint venture between U.S. renewables developer Invenergy and Chinese solar panel manufacturer LONGi; it began producing solar panels at a new factory in Ohio last year. The sources I reached out to would not comment on whether they thought that Ford, which has a licensing deal with Chinese battery maker CATL, would be affected. Ford did not respond to a request for comment.
Hall told me he would expect to see Chinese companies try to divest from these projects. But even then, if the business is still using Chinese intellectual property, it may not qualify. “It’s just a lot of hurdles for some of these factories that are already in flight to clear,” he said.
In general, the FEOC language in the Senate bill was “still not good,” he said, but “a big improvement from what was in the House language, which just seemed like an insurmountable challenge.”
Albert Gore, the executive director of the Zero Emissions Transportation Association, had a similar assessment. “Of course, the House bill isn’t the only benchmark,” he told me. “Current law is, in my view, the current benchmark, and this is going to have a pretty negative impact on our industry.”
A statement from the League of Conservation Voters’ Vice President of Federal Policy Matthew Davis was more grave, warning that the Trump administration could use the ambiguity in the bill to block projects and revoke credits. “The FEOC language remains a convoluted, barely workable maze that invites regulatory chaos, giving the Trump administration wide-open authority to worsen and weaponize the rules through agency guidance,” he wrote.
On storm damage, the Strait of Hormuz, and Volkswagen’s robotaxi
Current conditions: A dangerous heat dome is forming over central states today and will move progressively eastward over the next week • Wildfire warnings have been issued in London • Typhoon Wutip brought the worst flooding in a century to China’s southern province of Guangdong.
Hurricane Erick made landfall as a Category 3 storm on Mexico’s Pacific coast yesterday with maximum sustained winds around 125 mph. Damages are reported in Oaxaca and Guerrero. The storm is dissipating now, but it could drop up to 6 inches of rain in some parts of Mexico and trigger life-threatening flooding and mudslides, according to the National Hurricane Center. Erick is the earliest major hurricane to make landfall on Mexico's Pacific coast, and one of the fastest-intensifying storms on record: It strengthen from a tropical storm to a Category 4 storm in just 24 hours, a pattern of rapid intensification that is becoming more common as the Earth warms due to human-caused climate change. As meteorologist and hurricane expert Michael Lowry noted, Mexico’s Pacific coast was “previously unfamiliar with strong hurricanes” but has been battered by epic storms over the last two years. Acapulco is still recovering from Category 5 Hurricane Otis, which struck in late 2023.
AccuWeather
An oil tanker collision near the Strait of Hormuz is raising environmental and security concerns. The accident in the Gulf of Oman involved the Adalynn and Front Eagle tankers. It caused a “small oil spill,” according to the Emirati government, but Greenpeace analyzed satellite images and said the oil plume stretches some six square miles from the collision site. “This is just one of many dangerous incidents to take place in the past years,” said Greenpeace campaigner Farah Al Hattab. The Strait of Hormuz is a choke point for oil shipments, with about one-third of the volume of crude exported by sea moving through that route. Oil prices have been on a roller coaster ride since Israel launched airstrikes against Iran on June 13. Ships in the region have been reporting more GPS navigation interference in recent days. “If the conflict continues, we expect these interferences to continue as well,” Jean-Charles Gordon, senior director of ship tracking at research firm Kpler, toldThe New York Times.
North Carolina lawmakers finalized a bill repealing a mandate that directs electric regulators to reduce their carbon dioxide emissions by 70% by 2030. The mandate was part of a landmark 2021 law aimed at dramatically reducing the state’s power plant emissions. While at least 17 other states have similar laws in place, just two – North Carolina and Virginia – are in the Southeast. The new bill’s supporters say that the interim emissions goal would require energy providers to switch to more expensive power sources and that the costs would be passed on to consumers in the form of higher power bills.
Confusingly, regulators would still be asked to work toward carbon neutrality by 2050, even while the short-term emissions goal might be nixed. “Not having any target, even an aspirational target, could mean that we don’t stay on track to get to our 2050 goal,” Democratic Sen. Julie Mayfield said. The bill now goes to Democratic Gov. Josh Stein’s desk. There’s a chance he might veto it, but “with over a dozen House and Senate Democrats voting for the final version, the chances that any Stein veto could be overridden are higher,” The Associated Pressreported.
The United Kingdom issued long-awaited environmental guidance that it will use to determine whether new oil and gas proposals should be approved. The guidance requires that developers estimate and include scope 3 emissions – or the downstream pollution from burning oil and gas – in their drilling applications. This “will ensure the full effects of fossil fuel extraction on the environment are recognized in consenting decisions,” the Department for Energy Security and Net Zero said. The government will consider these emissions, as well as other factors like “the potential economic impact” of a project and a company’s efforts to remove carbon dioxide when granting or denying approval. The guidance will help determine whether major new drilling projects from oil giants Shell and Equinor are approved for the North Sea.
Volkswagen Group unveiled its first fully autonomous production vehicle, the ID. Buzz AD. The electric robotaxis will target corporate customers and mobility services. They “come packed with everything that’s needed to operate them,” explained Iulian Dnistran at InsideEVs. “What makes this solution interesting compared to other ride-hailing platforms is that it enables anybody to start an Uber or Waymo rival without investing hundreds of millions of dollars in research, development, and certification.” The shuttles are slated for launch across Europe and the U.S. next year. Tesla recently announced that its first Robotaxis would hit the streets in Austin, Texas, sometime this month.
Volkswagen
In a new peer-reviewed paper published in the journal Communications Earth & Environment, researchers conclude that offsetting the potential carbon emissions from reserves held by the world’s 200 largest fossil fuel companies would require planting new forests that are larger than the entire continent of North America.