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A conversation with Wil Gehl at the Solar Energy Industries Association

This week I chatted with Wil Gehl, the InterMountain West senior manager at the Solar Energy Industries Association. I reached out in the hopes we could chat candidly about the impacts of the current national policy regime on solar development in the American West, where a pause on federal permits risks jeopardizing immense development in Nevada. To my delight, Wil was (pun intended) willing to get into the hot seat with me and get into the mix.
The following conversation was lightly edited for clarity.
So for starters, walk me through how solar development out west has changed since the start of this year.
Certainly been a lot of changes. I think there’s sort of a confluence of lots of uncertainty and change in the industry. The impending tax credit deadlines and safe harbor and commence construction deadlines, all of that combined with the sort of things that have been ongoing in the West for a while — public lands, siting issues — I think those have made a relatively difficult development environment for folks.
But that said, we’re also seeing unprecedented load growth across the West, and Nevada’s a really good example of that. So the demand for solar and storage remains super high. But I think now we’re navigating even more difficulty in getting projects both sited and also over the finish line.
How has the pause on federal permitting impacted projects in this area of the country?
Nevada is 80% public land, give or take, so those changes at the federal level, particularly, the Department of Interior … it’s pretty difficult if you’re looking at utility-scale solar in the state to avoid a sort of federal lands nexus. Those policy changes are really being felt on the ground in Nevada.
We don’t do a ton of engagement at the county level but I’ve been tracking those developments across the state, in Nevada, and others around the West. Whether they’re moratoriums or consideration on moratoriums, or new siting restrictions… in most states in the West, the land use decisions rest at the local level, either the county or the municipal jurisdiction. The patchwork of changing ordinances, that [has a] pace that has intensified a little bit this year as well.
How is SEIA trying to get those projects unstuck? I think about Esmeralda 7 for example, which hasn’t seen its permitting timeline updated online in half a year. What’s the process for trying to get these projects to move forward at this juncture?
I guess I don’t have project by project specific information but in general, I think the example with Nevada Gov. Joe Lombardo’s letter is how we’ve been approaching this issue. Trying to make the case for states like Nevada with really high load growth that projects like this are critical to meeting energy demand and serving customers reliably. Trying to tie the really near-term challenge of serving load together with these issues of federal land so that people on the ground at the state level are aware of it and can use the influence they have with federal officials and other folks to make this situation known, that this has real practical effects with states and their economic development.
When it comes to transmission for these solar projects, what’s the status? Is the scope of the pause just limited to the scope of solar generation or also transmission lines connected to them?
I think the kind of more recent challenges have been more focused on the generation side. The pace of the transmission and associated queue bottlenecks, I feel like that situation has not improved by any means but I don’t get the sense there’s any near-term changes that have impacted that. I’d be curious if other folks who work more closely on the transmission side have a different perspective, but that’s kind of what I’m seeing.
Is there from your vantage point a clip or an end here? If these projects are unable to be unstuck, do you expect developers to try and wait out this limbo with public lands? Or do you expect developers to rethink how they site their projects?
I think in general for projects already under the development process, folks have already invested a lot of time, energy, and capital to get those projects to this point. Particularly those in the West really necessary to serve as growing load, I would expect folks to really be pursuing every angle they can to get those projects over the finish line.
That said, I’m sure there is some point. I just don’t have a good sense of when this becomes totally unpalatable or you’re not able to move forward.
NV Energy recently had a filing at the Federal Energy Regulatory Commission that allowed projects previously in their queue an escape route out if they were not able to maintain their queue position. I do think that’s a sign of the siting difficulties, the people re-evaluating their project portfolio. I’m not a developer but if you’re looking on private land or federal land, signs are pointing to a smoother path forward on private land but in states like Nevada where 80% plus is public land, even for a project fully sited on private land, it’s really difficult to avoid interconnection or transmission. There are pretty much always going to be federal impacts. That’s just going to be a challenge that industry’s facing at this point.
What’s your message to developers who are anxious in this moment?
That’s a good question. I share the anxiety.
I also think there’s a lot of effort being undertaken by developers to explain the situation on the ground to their elected officials and I really think that’s the kind of message that needs to get out there. These real tangible impacts of projects that were already invested in, in some cases already under construction, that are being hindered by these policy decisions that I don’t think are serving the public interests and are going to limit economic development if they don’t come online in time. Ultimately energy is needed to meet the growing demand. There’s not a great alternative to these projects not getting done.
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Much of California’s biggest county is now off limits to energy storage.
Residents of a tiny unincorporated community outside of Los Angeles have trounced a giant battery project in court — and in the process seem to have blocked energy storage projects in more than half of L.A. County, the biggest county in California.
A band of frustrated homeowners and businesses have for years aggressively fought a Hecate battery storage project proposed in Acton, California, a rural unincorporated community of about 7,000 residents, miles east of the L.A. metro area. As I wrote in my first feature for The Fight over a year ago, this effort was largely motivated by concerns about Acton as a high wildfire risk area. Residents worried that in the event of a large fire, a major battery installation would make an already difficult emergency response situation more dangerous. Acton leaders expressly opposed the project in deliberations before L.A. County planning officials, arguing that BESS facilities in general were not allowed under the existing zoning code in unincorporated areas.
On the other side, county officials maintained that the code was silent on battery storage as such, but said that in their view, these projects were comparable to distribution infrastructure from a land use perspective, and therefore would be allowable under the code.
Last week, the residents of Acton won, getting the courts to toss out the county’s 2021 memorandum allowing battery storage facilities in unincorporated areas – which make up more than 65% of L.A. County.
Judge Curtis Kin wrote in his October 14 ruling that “such expansive use of the interpretation runs contrary to the Zoning Code itself,” and that the “exclusion” of permission for battery storage in the code means it isn’t allowed, plain and simple.
“Consequently, respondents and real parties’ reliance on the existence of other interpretive memos and guidance by the [Planning] Director is beside the point,” Kin stated. “There is no dispute the Director has the authority to issue memos and interpretations for Zoning code provisions subject to interpretation, but, as discussed above, such authority cannot be used in such a way as to violate the provisions of the Zoning Code.”
The court also declared the Hecate project approval void and ordered the company to seek permits under the California Environmental Quality Act if it still wants to build. This will halt the project’s development for the foreseeable future. Alene Taber, the attorney representing Acton residents, told me she has received no indication from Hecate’s legal team about whether they will appeal the ruling.
Hecate declined to comment on the outcome.
Taber’s perspective is unique as a self-described “rural rights” attorney who largely represents unincorporated communities with various legal disputes. She told me this ruling demonstrates a serious risk regulators face in moving too fast for a host community, especially given rising opposition to battery storage in California. Since the Moss Landing fire, opposition to storage projects has escalated rapidly across the state – despite profound tech differences between more modern designs proposed today and the antiquated system that burned up in that incident.
I asked Taber if she thought California enacting a new law last week to beef up battery fire safety oversight could stem the tide of concerns about battery storage. In response, she railed against a separate statute giving energy companies – including battery developers – the ability to work around town ordinances and moratoria targeting their industry.
“Even though the county didn’t consider the community input — which it should’ve — the county process at least still allowed for communities to appeal the project. And they’re also at least supposed to consider what the local zoning code said,” Taber told me. “Local communities are now sidelined all together. They’re saying they don’t care what the concerns are. Where’s the consideration for how these projects are now being sited in high fire zones?”
I was unable to reach Los Angeles County officials before press time for The Fight, but it’s worth noting that, amid the battle over Hecate’s approval, L.A. County planning officials began preparing to update their renewable energy ordinance to include battery storage development regulation – an indication they may need new methods to site and build more battery storage. There’s no timeline for when those changes will take place.
And more of the week’s top news about renewable energy conflicts.
1. Benton County, Washington – A state permitting board has overridden Governor Bob Ferguson to limit the size of what would’ve been Washington’s largest wind project over concerns about hawks.
2. Adams County, Colorado – This is a new one: Solar project opponents here are making calls to residents impersonating the developer to collect payments.
3. Lander County, Nevada – Trump’s move to kill the Esmeralda 7 solar mega-project has prompted incredible backlash in Congress, as almost all of Nevada’s congressional delegation claims that not a single renewables project in the U.S. has gotten a federal permit since July.
A conversation with David Gahl of SI2
This week I spoke with David Gahl, executive director of the Solar and Storage Industries Institute, or SI2, which is the Solar Energy Industries Association’s independent industry research arm. Usually I’d chat with Gahl about the many different studies and social science efforts they undertake to try and better understand siting conflicts in the U.S.. But SI2 reached out first this time, hoping to talk about how all of that work could be undermined by the Trump administration’s grant funding cuts tied to the government shutdown. (The Energy Department did not immediately get back to me with a request for comment for this story, citing the shutdown.)
The following conversation was edited lightly for clarity.
So what SI2 funding could be cut because of the federal shutdown, and what has it been put toward?
On October 1, the Energy Department put out a list of about $7.5 billion in grants they were terminating. Approximately a week later, another larger list of grants that were slated for termination found its way into the press. There’s an outstanding question about what this other list floating around means, and only DOE can verify the document’s accuracy, but we have two projects that were on that bigger list.
The first was $2.5 million supporting research into how power companies engage communities. We were coming up with a list of community engagement innovations — the idea was to actually test, through rigorous social science research at project sites, which of these innovations produces the best outcomes. We were going to have empirical data that said, If you approach communities in this way you’re more likely to get support, and if you approach communities this other way you wouldn’t.
The second was $3 million to bring diverse stakeholders together to talk about siting and permitting reform, best practices, guidance to make development smoother. The concept there was to bring traditionally warring parties to come up with a framework and tools to help the siting process. If you can get people together to come up with best practices, you can typically move things faster.
This was an “uncommon dialogue” – there was “uncommon dialogue” before on hydropower resources – and this was related to large-scale solar facilities and conservation. It’s not location-specific, more bringing the groups together to talk about a higher level set of issues, not specific projects. Keep in mind, this is relatively small potatoes.
What was the status of that work?
It started earlier in the year and it’s been rolling along. There’s been a lot of progress made so far. People have developed work plans and are working through the issues.
If the funding is canceled, there’s also opportunity for private money to potentially step in, but it puts both initiatives in a precarious place. But to the broader point, the administration has talked about how it wants energy “abundance” and more electrons on the grid to meet growing demand. And these projects funded by the department are addressing key problems to putting electrons onto the grid. Cancellation of these grants is just a complete reversal of what they’re talking about in other forums.
How so? Help me understand how this work actually trickles down to individual project decisions.
One of the challenges with siting any kind of large-scale energy project is getting community buy-in and ensuring the permitting process moves smoothly, that parties aren’t going to be litigating against each other. So if you can come up with ways to make sure the communities feel heard and are designed according to what communities want, you can probably avoid some litigation down the road.
Do you have any indication this government supports the work you’re describing?
What they’ve made clear is they want more electrons to come onto the grid to support data centers and the advancement of artificial intelligence. Canceling grants like these … I mean, we’re talking about potentially canceling projects that make it harder to meet the goal of putting more electricity onto the grid.