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Robinson Meyer:
[1:26] Hi, I’m Robinson Meyer, the founding executive editor of Heatmap News. It is Tuesday, March 31, and I’m in a good mood. It’s the first really nice set of days in New York all year, although I think it might be about to rain for a week. I’m not sure. Today, we’re talking about electricity. Since Democrats won statewide election in New Jersey and Georgia last year by campaigning on high power prices, this question of electricity affordability has been one of the biggest issues in energy politics. But even though Democrats are winning elections on these topics, it’s not always clear what they should actually do about it after they win, and especially what they should do about it at the state and local level. Well, a new report from the Federation of American Scientists tries to change that. It’s called the Clean Electricity for Local and State Government Playbook, or the CELS Playbook, and it’s out this morning on the Federation’s website. We’ll link to it in the show notes. Joining me today to talk about that report is one of its lead authors, Arjun Krishnaswami. Arjun is one of my favorite people to talk about clean energy and climate policy with. He’s now a senior advisor at the Federation of American Scientists, where he focuses on policy to deploy clean energy and accelerate innovation.
Robinson Meyer:
[2:30] Recently, he also served in the Biden administration as the senior policy advisor for clean energy infrastructure in the White House. And before that, he was special advisor to the chief of staff at the U.S. Department of Energy. We have a good conversation. We talk about a lot of the interesting, innovative work that states are doing right now to accelerate clean energy and bring down power prices. We talk about the role of regulation versus markets, kind of how to wrap your brain around the whole problem of electricity politics generally. I learned a lot, had a good time. It’s a great conversation and it’s all coming up on Shift Key after this.
Robinson Meyer:
[3:05] Arjun Krishnaswami, welcome to Shift Key.
Arjun Krishnaswami:
[3:07] Thank you, Robinson. It’s great to be here.
Robinson Meyer:
[3:09] So we talk all the time on this show. Also, I should say you and I talk all the time about electricity prices, the kind of perils of electricity inflation. And it’s reached the status of, boy, we talk about that all the time. Someone should really do something about it. And today, this morning, the Federation of American Scientists has released a new report about how states and local governments can advance the cause of
Robinson Meyer:
[3:31] clean electricity while also lowering electricity costs for ratepayers. Can you tell us, Arjun, what is in this report? What do you think we should do? Like, what’s the playbook?
Arjun Krishnaswami:
[3:41] Absolutely. But before we even do that, I think we should take a step back to something that you and I have talked about a bunch, which is what is driving the fact that prices are going up, because that’s really where we started to get to what we put in the playbook.
Arjun Krishnaswami:
[3:57] And you and I know, I think the two things that are happening all across the country, we saw this in some of the papers that came out last year, including this great paper from the Lawrence Berkeley Lab, the two things that are happening all across the country to increase bills for customers are increased utility spending on the distribution system, which is really the poles and wires, the substations, the stuff that gets the power to customers. And the second one that is also pretty ubiquitous is volatility in gas prices, which across the country is the marginal resource and sets the rate for energy costs. So those things are affecting bills all over the country. There’s a couple of other factors that are really important right now are more state or region specific, but are probably going to come everywhere else in the country. And those are recovery and resilience to natural disasters, particularly right now in the West and in the Gulf Coast states. But that’s something we should expect to happen in more regions across the country. And then in some places, very likely in more places going forward, it’s the increasing cost of supply of actually generating the power due to rising demand. And then there’s other things here and there in some states, compliance with state policy that’s passed on to bills and raises costs. So those are the big things that appear in the research as to what’s driving electricity costs up and are going to run into other issues like electrification of homes and buildings and vehicles that exacerbates some of those issues.
Arjun Krishnaswami:
[5:18] I start there because what we’re seeing, I think, in the conversation about what we do about this issue is organizations and people and leaders taking one of those things and saying, let’s go all in on a solution to that thing. Okay, supply costs, generation costs are going to rise, let’s make it easier to build power plants to reduce the cost of supply.
Arjun Krishnaswami:
[5:41] Okay, utility spending on distribution is going up. Let’s tackle the profit motive for the utility companies, right? Those are good things. What we say in this new playbook is, one, we have to address all those things, all of the factors in order to really get our hands around affordability. And two, those factors actually have something in common. They’re all caused or worsened by a weak administrative state that has failed to properly put the public interest in how we govern utilities. And so what we do with the playbook is we say we should focus on building out the government capacity, building out the administrative state that’s equipped to handle all of these different factors and their solutions, and in fact, is ready for additional issues that come up that are going to raise bills or make it harder to build clean energy. And so we can get into all the different pieces of that, but that’s the thread
Arjun Krishnaswami:
[6:40] across this new resource we put out.
Robinson Meyer:
[6:42] So give us some examples here. I mean, first of all, administrative state, we’re basically talking about the ability of the government to do things, the ability of the government to like follow technical threads so that it can kind of produce the physical outcome in the world that it wants, that it thinks is best for the public. Give us some examples of, what are the concrete steps that at the state and local level, politicians should be taking to build out the administrative state? Because I think often when we think about administrative capacity, we’re thinking at the federal level, which is where the New Deal state was built, right? But at the state and local level, what should be happening?
Arjun Krishnaswami:
[7:19] Yeah, sure. So I think my favorite example to start with is utility commissions.
Arjun Krishnaswami:
[7:24] In every state, you have a public utility commission that regulates the investor-owned utilities, sometimes other types of utilities as well, but definitely investor-owned utilities in those states. So those are the privately owned utilities.
Arjun Krishnaswami:
[7:37] That utility commission is responsible for reviewing the proposals that utilities put in front of them. Proposals for spending, how much is the company going to spend on the poles and wires we just talked about in states where the utilities own the generation, the commission reviews plans for new power plants or new power procurement, and for rate increases. That commission is really the public entity in the process of determining what your bills are, right? It intersects with the state legislature who sets up policy and the governor who might impose their priorities. But really the public entity that is directly involved in your utility bill is the public utility commission. The way we’ve traditionally thought, and I think the way that a lot of commissioners have traditionally thought about their role in that job is to respond to what the utilities put forward. The utilities are in the driver’s seat. They know their system best. And in many places, what happens is the utility puts forward the plan, the commission gets some input from other what we call interveners, say consumer advocates or environmental organizations that submit testimony. And then they make a decision that often looks pretty similar to what the utility has put forward, maybe with some tweaks.
Arjun Krishnaswami:
[8:55] One of the core pillars of this playbook we put out is to say the commissions as the only real public institution that’s part of this process should be main characters in that process in representing the public’s interest, including the interest of regular people who pay bills or small businesses who pay bills in the process of determining what our utility system looks like. Okay, so what does that look like? Some of that, when we talk about government capacity, obviously we’re talking about people, who are the people in those roles, and not just the commissioners themselves, but the people that are staffing the commissions and how well can those institutions attract talent.
Arjun Krishnaswami:
[9:31] We’re also talking about process and mandate. And so one of the recommendations we have in the report is to say, we should expand the mandate of those commissions and make clear that their mandate is to reduce bills or curb bill increases, as well as some states have made clear that the mandate of the regulators is to deploy clean energy or meet climate targets as well.
Arjun Krishnaswami:
[9:53] And that should trigger with a governor’s office working with the commission, processes that go beyond the current flow? What might that look like? In Connecticut, there was this great process in which the commission solicited input on a couple of specific topic areas to say, hey, we’re interested in how we use flexible electrification. We’re interested in how we should better take advantage of distributed resources. We’re interested in all these topics. And rather than saying, hey, utility companies,
Arjun Krishnaswami:
[10:27] we just want your sort of proposal here, and then we’ll get input on that proposal from other entities. We’re actually going to set up a docket through which we want to gather input from all sorts of entities that might have an opinion on how we do this, take those ideas in, and then move forward with the good ideas. And that might seem like, oh, that’s just a little process tweak, but that represents a flipping of the script where you have an entity responsible for representing the public, leading the generation of ideas of what we do with the utility system. So it’s things like that, changing the mandate and the processes to allow for generation of additional ideas and programs. And then on the actual sort of the people capacity, it’s making sure that you’re devoting resources and staff to really fulfill the rigorous interrogation of everything that utility puts in front of a regulator. And that, I think, looks different in different places, depending on how many resources a commission might have. And I think one of the things we talk about in the report is we need governors and state legislatures to look at creative tools to better resource commissions with maybe it’s using a state Department of Energy analytical capacity to provide some independent analysis to a commission, figuring out how to do that rather than solely relying on utility analysis or other intervener analysis. And there’s many ways we You can think about doing that. But the idea is we should be pursuing those sorts of creative approaches.
Robinson Meyer:
[11:55] So it’s a very cool playbook, and I’m just going to run through a number of the other kind of proposals in it. But other ideas in the playbook are kind of increasing permitting certainty, increasing citing certainty, including advanced transmission technologies in planning documents, whether that’s happening at the state legislative level or the public utility commission level. This is basically having state regulators say to utilities, if I’m understanding correctly, you have to consider these new advanced transmission and distribution technologies when you’re making your plans. You have to say, what if we were able to send more power over a certain line or something, then we’re planning. Building state transmission planning authorities, we’re going to get to that. Creating, maybe, creative developmental entities or public enterprises with the legal authority and the staff to pursue new big clean energy projects.
Robinson Meyer:
[12:44] There’s a lot of ideas in there. I want to get to many of them. Like, let’s talk more about this regulatory question, because I think it’s so key to so many of the conversations we have in electricity, where you have these state public utility commissions. If we’re being honest, they are, first of all, to all the state public utility commissioners listening to this podcast, hello, we hear you, we love you, we salute your hard work. However...
Robinson Meyer:
[13:09] As they themselves know, this is often very difficult work. It’s quite anonymous. You know, one of the headings in the report is making state public utility commissioners, giving the main character energy. But in fact, giving the main character energy is like very challenging because these are often quite forbidding and technical aspects of the law. It’s not totally clear to consumers and to residents how even a rate case, which is the bluntest kind of public utility proceeding where utility brings a case to the PUC and says, hey, we want to increase rates for this reason and this reason and this reason. And these are the things it’s going to pay for. Like even when looking at a rate case can be very hard for people to understand like how that’s going to affect them and even where the money from those higher rates will go to. Can I just ask like how on earth will public utility commissions be … how can they be made a more visible part of this process? Because this, to me, seems like one of the key disconnects to any plans to increase the salience or the attention to these fights over different utility plans or lower costs is that it’s just very hard for the public to follow these fights. The public has a lot going on. Most people don’t spend that much time on thinking about their utility bills. How can this actually be practically done?
Arjun Krishnaswami:
[14:29] A couple of things. First, I think we’re in a moment where because bills are rising so fast and there’s so much attention about really rapid spikes in bills, I think people are paying a lot more attention and asking a lot more questions about their utility bills than perhaps ever before, at least in my lifetime. That opens an opportunity to take advantage of that interest, right? People are seeing their bills go up. They’re asking, why am I paying maybe 30%, 40% more than I was in the last couple of years? And for our state leaders, they have to have an answer to that question. And the answer to that question is, obviously, it’s differing across different states. But what we’re arguing here is you should use that question as an opportunity to talk about the ways that your representatives, either people you appointed as a governor or that the state elected in some states, is or isn’t showing up to protect you from those bill increases. So that’s one. I think this is a chance, a sort of communications chance because of the fact that bills are rising so high to open up that system that for so long has been really not transparent.
Robinson Meyer:
[15:48] It’s interesting to bring up Connecticut, because I think Connecticut has been a laboratory for a lot of these ideas. And there was a really innovative head of their Public Utilities Regulatory Authority, which is the same as their public utilities commission there named Marissa Gillett, who tried a lot of experiments, turned herself into a big, a big name in state politics, and ultimately did resign because there was just so much controversy attached to her and to some of these plans that it was just, I think she was tired of dealing with it. That maybe the governor was tired of dealing with it too. And now what we’re seeing in Connecticut, frankly, is there’s gonna be a state election this year. And there are fights about the legacy of this PUC and electricity prices have remained a little high in Connecticut. Now, she was working at a moment when I think the focus was on the cleanliness of the system, not necessarily the affordability.
Robinson Meyer:
[16:35] What do you make of the Connecticut example? Because that is the most recent example, I think, where a state public utility commission did turn themselves into a main character. And there was a lot of excitement about it. But I also think the legacy is maybe slightly mixed.
Arjun Krishnaswami:
[16:48] Absolutely. I think this is a great example to have a conversation about the tradeoffs and strategy. So what she did, I think you can put in, it’s more than this, but two big categories. The first is to say, as we just talked about, hey, what’s our traditional role as regulators? Our traditional role is to really look at what a utility puts forward and ask the questions we’re supposed to ask about what they’re putting forward. Are these proven investments? Are they reasonable? Should we pass them on to customers? Are there places where maybe you should be spending less on this thing or more on that thing? Like those sorts of questions, calling balls and strikes, perhaps. That’s category one. And then category two is some of this longer term, more innovative thinking around, how do we solicit different ideas for what we should do with the system in more creative, expansive ways, change the incentives for the companies in a more wholesale way? On that first category of calling balls and strikes, I think what she did was go further than the utilities were used to on interrogation of their proposals, right? She said, you didn’t properly justify these investments, so therefore we can’t include them in your cost recovery.
Arjun Krishnaswami:
[17:59] And that pissed the utilities off because they were expecting to be able to recover all those costs. I think the problem there, or what we should learn from that is two things. One is that the status quo of not interrogating those programs, it’s not working for customers, right? Because what she identified was, hey, there are places where you’re either just not providing enough justification, or in fact, you’re spending money on the wrong things when you could be spending money on some other things that have more benefits for the system and for customers. That’s one thing I think we learned. The other thing we learned is that the utilities really don’t like that. And so you have this political pushback that results. One interesting thing about that actually is before she resigned, she had written proposed decisions with other commissioners on a couple of cases, one for the gas subsidiary of Eversource and another for an electric subsidiary of Avangrid.
Robinson Meyer:
[18:53] These are two big Connecticut utilities.
Arjun Krishnaswami:
[18:55] Two big utilities in Connecticut. And after she resigned, those decisions got finalized. And it’s interesting to go and look at what happened before with the proposed decision when she was chair, and then afterwards, after she left and the decisions were finalized, the amount in each case, in the electric case, the amount that the utility was approved to recover went up by almost $40 million. And the amount that the gas utility was approved for, I think it was similarly about a $40 million increase in what they were allowed to recover. And I think that’s a reflection of how much are you, what is your vision of calling balls and strikes, right? And I say that because I think it’s actually meaningful for bills, right? Like in the gas case.
Robinson Meyer:
[19:41] Yeah, we’re talking about $80 million across the state. That’s a sizable economic cost.
Arjun Krishnaswami:
[19:45] Yeah. And between those two, the overall rate increases that result from those two decisions, I think it’s like for the gas, it was estimated to be $17 to $20 a month for an average customer. And for the electric, it was a little less, but similar. And so that’s a meaningful amount of money, right? Not from the $40 million, $80 million itself, but from the overall increase. I think what her experience shows us is, one, there’s a way of doing this that actually results in benefits for customers and a bunch of new innovative ideas. And we should learn from that and think about how do we pull those things into other states. And two, I don’t think we’re ready. I mean, broadly, state leaders and the advocacy community to address the backlash to those measures. Part of it is a public communications challenge, right? How are we better selling the benefits of having a commission that’s ready to ask hard questions about the system is part of it. But yeah, I think you’re right to ask, what should we learn from this backlash that ended up causing a resignation?
Robinson Meyer:
[20:51] It kind of illustrates both sides. First, that more aggressive regulation can theoretically lower costs. And she was able to get policies through that I think were not otherwise have been countenanced. On the other hand, she resigned. And like the backlash was significant. And to me, I will say that this illustrates the perils of this approach. I mean, look, we’re talking a lot about electricity affordability.
Robinson Meyer:
[21:12] In the next few days, if not the next few weeks, electricity affordability, if we’re being honest, is about to drop right off the map of energy affordability issues. And it’s going to be all gas prices all the time.
Robinson Meyer:
[21:22] And we’re going to be back in the world of gasoline being the primo energy affordability issue, which I think will have some positive byproducts for electrification of the transport sector in the United States and other countries. However, it does illustrate like, to some degree, the utilities, when you’re regulating them, they can always wait you out. They can always pile you with more documents. They can always take a long time to respond to your requests. They can always overwhelm you with spending because for the utilities, these are life or death issues. Well, for the governor, utility affordability might be a very important issue, but it will never be the primary issue that a governor is trying to manage. They’ll always have lots of different equities that they’re trying to juggle across the state. And it breaks my own heart that i’m saying this but like i understand better why liberals looked at the 1970s and saw the value of markets like looking at this case for instance and maybe lost a little faith in the value of regulation because at least in a market you can introduce some degree of competition between different entities and they can manage theoretically do a little bit more cost management that way, as opposed to regulation, which I think a perfect regulatory scheme will always exceed an average market. The question is, how many states can we achieve that perfect regulatory scheme?
Arjun Krishnaswami:
[22:43] Yeah, it’s super interesting. I think when we talk about markets versus regulation, like the way that our utilities operate, even in the places where we have competitive markets, like in Connecticut, we still have distributions, you still have you still have this model that is so non competitive, right? They’re not the only thing they’re competing against is whether they can get something approved by their regulator, which is, I think, a bad … yeah. Whether or not the system is bad, I think what it requires is to have a regulator who’s going to work in push and pull to make sure that the customers are not losing out. And I think we’re now reopening a conversation about whether generation should
Arjun Krishnaswami:
[23:22] be competitive or vertically integrated, and that’s playing out in all sorts of interesting ways. But even where it’s just the distribution system, I think we’re actually in a less competitive place with the way things are now than if we had regulators who were pushing on, say,
Arjun Krishnaswami:
[23:38] opening up tools like distributed resources, because those are the things that are in competition with our utility companies in those places. One interesting dynamic that I think is coming up here in the distributed resource arena, and when we say distributed resources, small scale, rooftop solar, small scale storage,
Arjun Krishnaswami:
[23:58] Community solar, or things like that, there’s another debate growing here about how exactly we take full advantage of those resources. The promise of those resources is a couple things, but one of the things that’s most, I think, most exciting is maybe you can avoid some bulk investment and therefore reduce bills for all customers if you better strategically use these attributed resources. There’s a fight playing out about who owns and benefits from those resources, and we see that playing out.
Arjun Krishnaswami:
[24:26] Between mandated virtual power plant programs where you mandate the utility or some other entity to pay customers for the benefits of the resources they own, which is great and is bubbling up all over the place and proving effective. There’s another model where the utility itself procures the resources and owns them and gets more benefit by owning them via return on those investments. And in Minnesota, Xcel is launching the first of a kind distributed capacity procurement to that effect, which I think is going to expand distributed resources in the state, but is also creating some enemies who say the utility shouldn’t own those things and profit off of them. And I think where we land and where this playbook lands is a state should take a look at what’s feasible, right? If you’re not going to get distributed resources by trying to fight the utility and that the result there is minimal deployment of rooftop solar and small scale storage, then maybe looking at something like a distributed capacity procurement that brings the utility in on the solution and changes their incentive structure to make sure they’re using this full set of tools, maybe that’s a good approach, right? And I think you have to look at that on a state-by-state basis.
Robinson Meyer:
[27:13] It doesn’t matter if a cat is black or white, or I suppose it doesn’t matter if a cat is venture backed or a fully regulated public utility, as long as it catches mice or builds rooftop solar and residential batteries, as the case may be. We’ve been talking about PUCs. Can you give us a few other examples, things that state governments, governors, legislatures could be doing to bring down costs for consumers and also to deploy more clean energy, like at the particular moment that we’re in?
Arjun Krishnaswami:
[27:41] Absolutely. So one that’s fairly simple is we have a whole section on making government responsive, which is kind of a core pillar of good government capacity, making sure that your government can actually be dynamic and respond to challenges as they come up. One very simple executive action thing that governors can do is improve the ways that agencies and the governor’s office itself collects information from developers of clean projects to figure out where the bottlenecks are. I think you’d be surprised at how little transparency, little communication there is across the state government on and between the private sector developers and the state government on where the actual issues are. We can talk about permitting writ large, but getting down to, hey, this specific mitigation requirement for a solar farm for water impacts is taking a really long time. And so that very simple, I think every state should be doing is collecting that information on where are the actual hangups and then saying, okay,
Arjun Krishnaswami:
[28:43] can we move resources around or change our standard operating procedures or create requirements for regional offices that actually addresses those very specific bottlenecks rather than tackling permitting as this whole big thing that we have to solve all the pieces instead just trying to improve how dynamic the government can be and pennsylvania is doing this the governor’s office has brought together a bunch of solar developers in the state and identified places including with the clean water permitting in the state where you don’t have to sacrifice good permitting outcomes. You just need to make more consistent the modeling and analysis requirements and environmental requirements. So that’s one example. Another example is in that same realm on responsive government is addressing siting rules that are often super inconsistent across different municipalities within a state. That often is going to require legislative change. Michigan and Illinois both have done really cool things here where they’ve either set statewide standards that all municipalities have to adopt for their siting rules, municipalities and counties, or banned ordinances that are too restrictive. So that’s really great, like just increasing consistency for how to site clean energy projects.
Robinson Meyer:
[29:57] And I should say there, we see in the Heatmap Pro data, which we track political risk and the kind of clean energy build out across the country with the heat map pro product. And what we see is that states that do pass those kinds of citing certainty laws like Michigan, like Illinois, see an explosion of clean energy in a way. I mean, in a positive sense, see clean energy get built so many more places than it would otherwise not built. And you can look at neighboring states and look at similar sites in neighboring states. And it is like Michigan is building on those sites and Indiana, for instance, is not.
Arjun Krishnaswami:
[30:28] Yeah, it actually matters. It matters in terms of our ability to build. If your state wants to be a power generator and have lower costs, like that matters, right? Being able to site projects matters as well as being able to reap the rewards of those projects in terms of local economic development. Another pillar of the playbook is on creative and public finance. And this is something we’re increasingly focused on with the rollback of the Inflation Reduction Act and losing those federal financial incentives for wind and solar and not having a federal government that’s investing and financial
Arjun Krishnaswami:
[31:04] support behind clean energy generally. Now there’s this question of, okay, where are the places where we need public finance or creative finance tools to get projects built.
Arjun Krishnaswami:
[31:15] And there’s a bunch of good stuff in there. I think one of the things that I’m really excited about is, how can we use public debt to help finance either transmission or clean energy projects, which has a couple advantages. One is making sure we’re investing in the right things. We want to build a bunch of stuff. We want to make sure we’re building the right, the most strategic things, the clean energy projects and the transmission lines that are best fit to bring that power to sources of demand. That’s one big advantage. The other big advantage is if you use public finance, then you take some amount of capital off of utility equity finance, which then means there’s a whole conversation about reducing the guaranteed return on equity, which we can also have that discussion. But another way of reducing the costs associated with that is by using public finance to say actually less of the capital stack is coming from equity. And instead, we’re using some public finance. California passed a bill last year to do that for some transmission lines. I think that’s going to get a lot more attention. Local governments can play in that arena too, especially if a state can set up a pooled bond bank that can then say, okay, we’ve got all these local bonds. How do we use those for the best sorts of projects? So a lot of really exciting stuff happening in the finance realm as well.
Robinson Meyer:
[32:33] One of the great things about this report, which we’ll link to, of course, in the show notes, is that you’ve linked to, for each of these policies, you have a number of examples of states that have implemented that policy. And then at the end of the report, you have a list of all the states and everything they’ve done. It’s a really great resource to go see what your state is doing, maybe even policies folks didn’t know about, such as Colorado has used public debt to set up a public financing authority for transmission within the state. And it has a special ability to set corridors and to resolve some land use fights that otherwise the state wouldn’t have been able to do or a private developer wouldn’t have been able to do. These are authorities that states, once used a lot more, sometimes still use in quite muscular ways, but are beginning to be applied to this topic. And as you were saying, it gets cost off the rate base off of the electricity base that then has to be assigned to rate payers and onto the tax base, which is more progressive, maybe a little more longer lived.
Arjun Krishnaswami:
[33:26] Can I say one thing about that, Rob, is the other benefit of giving expansive authority to these sorts of state entities, whether it’s a state transmission planning authority, like this Colorado example, or even a public utility commission is you are able to attract talent to those government entities, not just by salary, which is another thing we have to think about of how do we hire good talent with constrained salaries, but by an offer that you can actually change something in that role. And I think that’s something really exciting about providing more expansive authorities is the promise is, hey, you’ve got the tools. You can run, build good stuff, lower costs, provide benefits, do cool things, solve hard problems. And that’s something that I think a lot of people are frustrated about when they go and work for a government agency is when they feel like they’re taking the sacrifice, but they can’t make things work the way they want that they want to and see as needed. So that’s another excitement that intersects, exciting thing that intersects back to the government capacity space.
Robinson Meyer:
[34:28] This is actually something I’ve kind of changed my mind about in some ways compared to the Biden administration. In the other direction, I think back during the Biden administration, early in the Biden administration, my feeling about say interstate transmission was like, look, yes, we should be planning some kind of national grid. But like, let’s just do the work to let private developers kind of knock it out first, because then they can build what finances itself. And then we can go in and kind of clean up the rest. And I have to say now, five years have passed. So in some ways, Congress wasn’t able to put together a legislative package that time. And so to some degree, time has just passed. I feel like the problem is more urgent. But I also feel like if there were to be some kind of national grid authority, of course, existing private transmission projects should be allowed to proceed and proceed under the corridors that were established under the Department of Energy. And we should be looking at ways to get costs from a transmission backbone off the tax base, off the rate base and onto private sector books.
Robinson Meyer:
[35:21] One of the benefits of having a national transmission planning authority would be, first of all, you train transmission planning talent and you’d be able to teach people how they should be thinking here. And second of all, you’d be able to make a promise to people who do want to go out and build these lines that they would be able to do so because they’d have the full faith and support of the federal government behind them. I think we’re kind of dancing around at least one question I want to confront directly, which is you were involved in implementing a lot of different parts of the Inflation Reduction Act in the Energy Department and then in the White House. And I think since its partial repeal last year, there’s been the beginnings of a discussion around what went right with it, what went wrong, kind of what were the lessons learned, what would if there were a next time. And I have to say, I’m very doubtful that there will be a next time in quite the same way.
Robinson Meyer:
[36:07] But if there were to be future federal climate policy or future federal energy
Robinson Meyer:
[36:12] planning policy, what it should do differently. We recently had Alex Gazmararian on the show and the great recent paper finding that even when the Biden policies were successful at building local manufacturing capacity or local clean energy capacity in a region, basically no one living in that area, even though they were benefiting from the growth and benefiting from the economic activity associated that particular facility with the Biden administration or with the Inflation Reduction Act or with the bipartisan infrastructure law. Like, how do you reflect on the IRA? Because you saw it up close. You were trying to get it done. What do you think should be different next time?
Arjun Krishnaswami:
[36:52] One thing that I’ve been thinking about, you know, you and I were there early on as what was in the various campaign plans turned into the Biden campaign plan, turned into Build Back Better, turned into what became the Inflation Reduction Act. And throughout that process, and especially, I think, when we were in the real legislative process, the metrics that we were organizing around, I think broadly between the administration and the advocacy community, were medium to long term around what is the emissions impact of different programs on a 2030 and 2035 timescale and jobs. What is the economic benefit, but in particular, how many jobs different programs create? And I do think there were really good reasons for those to be the metrics. I mean, obviously, we know we have to solve the climate crisis to avoid all sorts of cascading impacts and organizing around and prioritizing around emissions makes a lot of sense. That’s a long term problem. Jobs are super important and were even more important at that time. But both of those metrics, I think, pushed us towards programs whose real benefit was in the long term, one, and two,
Arjun Krishnaswami:
[38:03] avoided asking any big questions about how the programs are traceable in terms of people’s lives. I think we see the result of that in terms of the public knowledge and reception to the Inflation Reduction Act. Hindsight’s 20/20, but I think one thing that I would love to see next time we go, if we have a chance to do some sort of big federal climate policy, is how are we also solving for, in addition to those things, especially long-term emissions, how are we also solving for traceability and near-term benefits. By traceability, I mean near-term benefits that are clearly tied to federal policy change.
Arjun Krishnaswami:
[38:42] And okay, what does that mean? I think one thing that that leads me to, and this came up in your conversation with Alex, is the role of the federal government, at least for some of the programs, has to be very clear and easily communicable and at the center of the program. That really wasn’t true for the vast majority of the money that flowed through the Inflation Reduction Act. As we know, most of the money flew through the tax credits, but even the money that didn’t go through the tax credits, which largely went to companies building projects, the rest of the money went through, a lot of it went to grant programs that went to private companies or went to states for implementation. And with all those things, I think it’s really hard to tell a story about how a federal policy change made your life better. One thing I think we, and this shows up in our playbook, one thing I think we have to do is figure out what are the charismatic programs that can make people’s lives better, that have a clear government role in them. And that’s important, not just, I think, for the politics of climate and energy, but it’s also important because faith in our public institutions is at a historic low. And that’s something that at FAS, at the Federation of American Scientists, we’re also trying to solve is how do we increase faith in these institutions and get the cascading sort of effects of that that allow us to do more good things and solve our problems.
Robinson Meyer:
[40:06] Some of the problems that you’re discussing here, some of the kind of outcomes were related to each other in that I think the laudable fixation on long term emissions decreases and focusing on the tons and the desire to make some of that focus and some of those projects less politically salient were actually twinned in that people were like, okay, we want to eliminate tons, but also climate change is quite a polarizing issue. So we don’t want to make people feel like this is an eat your veggies moment. And so the more we can do this through existing systems, through the tax code, through ways that people might not notice, but then might protect later, the better. I’ll never get over how bizarre it was to be reporting on the IRA to see the entire.
Robinson Meyer:
[40:51] Democratic administration and Congress kind of throw its weight behind a pretty aggressive climate bill, especially I think in context, and basically receive no public recognition for that, not even for the public, not even to fully understand what was happening. Even people who claim to care about climate change, not fully understand what was happening. I think there’s a number of conclusions one can draw from that. One of them is that a lot of people who say they care about climate change might actually care about it in a kind of broader aesthetic sense and less in a long-term technocratic focus on the ton sense, which is a politically meaningful takeaway if that’s true. But also I think the IRA never found its “build the wall” or “freeze the rent” moment. And it was not designed to have one. It was not designed to have something that the president could take to the public and be like, look, we’re doing this thing. And this thing is
Robinson Meyer:
[41:44] small but meaningful, but it actually represents a far larger regulatory push or a far larger governing focus that we’re not going to describe all the parts of, but that by the ardency of this one project, we’re communicating the broader governing philosophy.
Arjun Krishnaswami:
[42:00] Yeah, exactly. And those two slogans you just mentioned, build the wall and freeze the rent. The thing that is interesting about those things to me is they’re both the government is doing those things. The government is building the wall and the government is freezing the rent. And in New York, the promise was the government is making your transit free and your groceries cheap. I don’t think the best policy solution is necessarily only public investments or only public finance or only have government at the center. But I think we over-indexed a little bit on the opposite. Because of all these factors that you just mentioned around what was actually feasible, what could we do in reconciliation? How do we get money out through these pathways? But we need to create some space, I think, at the state, local and federal level for some charismatic policies that are sloganable, that clearly showcase and then execute the ways that government can make your life better.
Robinson Meyer:
[42:54] Arjun, thank you so much for joining us here on Shift Key.
Arjun Krishnaswami:
[42:56] Thank you, Robinson, for having me. This was great.
Robinson Meyer:
[43:01] And that will do it for us today. We’ll be back later this week with another episode of Shift Key, so you’ll hear from us at least one more time this week. Until then, Shift Key is a production of Heatmap News. Our editors are Jillian Goodman and Nico Lauricella. Multimedia editing and audio engineering is by Jacob Lambert and by Nick Woodbury. Our music is by Adam Kromelow. Thanks so much for listening and see you next week.
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The Bipartisan American Affordability and Jobs Act would remove longstanding roadblocks to expanding the power grid and developing new energy infrastructure. Here’s our guide.
It’s taken two presidential administrations, four years, and who-knows-how-many proposals that never saw the light of the Senate floor. But a long-awaited bipartisan deal to streamline the country’s permitting system is here.
On Tuesday, a bipartisan gang of senators — the leaders of the Environment and Public Works and Energy and Natural Resources committees — released an omnibus legislative package meant to streamline many permitting processes across the country.
Dubbing themselves the “Four Corners,” the lawmakers — Shelley Moore Capito of West Virginia, Martin Heinrich of New Mexico, Mike Lee of Utah, and Sheldon Whitehouse of Rhode Island — framed the deal as a way to lower energy costs, stabilize the energy system, and expand the economy.
The Bipartisan American Affordability and Jobs Act, or BAAJA, aims to address a wide-ranging set of complaints that lawmakers have about the energy and permitting system.
It would streamline the often arduous permitting processes that can ensnarl and delay virtually any kind of federal infrastructure project, rewriting a slew of largely procedural laws that have come to frustrate leaders in both parties. And it would limit executive agencies from hemming specific sectors of the energy industry, as President Donald Trump has done to the wind sector and previous Democratic presidents did to oil and gas.
The bill would also encourage a build-out of new long-distance power lines, which could help calm surging power prices and unlock more renewable electricity, and weaken the monopoly power of electricity utilities. The proposal also rewrites federal electricity law to ensure that artificial intelligence data centers cannot drive up power rates for American households.
Not all of the provisions will be easy for environmental groups to accept. The bill strips a Clean Water Act provision that had allowed some Democratic governors to block the expansion of natural gas pipelines, for example.
But the bill reflects, above all, the confidence of its coauthors. Negotiators in both parties believe their favored technologies will win in a more open permitting environment. Democrats contend that solar and batteries, which are now often the cheapest source of new electricity on the grid, will triumph once opponents lose tools to fight them. And Republicans hold that a looser permitting environment will deepen fossil fuels’ dominance.
“We’re motivated by one central shared concern. We want to make it easier in America to build things,” Senator Mike Lee of Utah, the Republican chair of the Senate energy committee, said at a press conference announcing the deal.
“This should lower electricity costs measurably for Americans. This should increase clean power significantly for Americans. This should significantly add construction and jobs across the country, and this should contribute to a lift in America’s overall economy,” Senator Sheldon Whitehouse, the Senate environmental committee’s ranking Democrat, said at the event.
The bill is not guaranteed to become law. The Senate will not vote on it until after the midterm elections in early November, when it will require 60 votes to bypass the filibuster. Senate Democrats also said that they were still waiting for key assurances that the Trump administration would end its blockade against permits for wind farms and some other forms of clean energy. “We have had what I would consider to be a very reasonable opening proposal from the Trump administration,” Whitehouse said, but the issue remained “unresolved.”
Heatmap journalists have spent the day digging into one of the biggest bipartisan changes to federal environmental and energy law in years. Here’s our guide to what the bill would do:
Of the many federal statutes that trigger lengthy, arduous, and often duplicative governmental reviews of proposed infrastructure projects, the National Environmental Policy Act is arguably the most notorious. Current federal law requires an environmental review under NEPA for “major federal actions,” a term that is defined broadly to mean any action subject to “substantial federal control and responsibility.”
BAAJA would narrow that definition so that NEPA review would not be required for federal loans, certain grant programs, and repairs of essential infrastructure, among other actions. Geothermal testing, Federal Energy Regulatory Commission permits for transmission projects, and gas pipeline projects within existing rights-of-way would also be excluded.
The bill borrows a number of provisions from the House-passed SPEED Act designed to quicken the environmental review process and constrain litigation. For example, it would allow agencies to skip the environmental review process when a project has already been reviewed by a state or tribal government. It also allows an agency to ignore scientific or technical information that became available after it published its intent to prepare an environmental document, and prohibits the agency from delaying a decision in order to wait for new scientific research to be completed.
NEPA reviews often give rise to years of litigation. The new bill says that cases will skip the district court system and go straight to the relevant court of appeals. It also limits who can bring a lawsuit to stakeholders who submitted substantial comments during the public comment period or who would be directly harmed by the agency action. Those parties will have just 150 days to file a lawsuit after an agency decision is issued.
Ultimately, if the court finds that the government violated NEPA, it will have to remand the environmental review back to the agency to correct — it cannot vacate the authorization altogether.
The bill applies the same 150-day statute of limitations and similar “remand without vacatur” requirements to legal challenges under the National Historic Preservation Act, the Clean Water Act, and the Endangered Species Act. Ultimately, the bill would make it a lot more difficult if not impossible to stop a project altogether via NEPA litigation.
The National Historic Preservation Act has a process analogous to NEPA’s for evaluating the effect of government actions on areas and objects of cultural significance. Any “undertaking” by the federal government must be reviewed for its effect on “historic properties” (which also have to be inventoried and identified as part of a consultation process). Considering the broad spaces and even broader viewsheds energy and transmission projects often take up, permitting them can be exceptionally difficult. (Just ask the developers behind SunZia.)
BAAJA limits both the scope of the NHPA and the process by which the federal government complies with the law. For instance, it limits the definition of “property of traditional religious or cultural importance” to “an identifiable geographic location or feature at which an event of continuing religious or cultural significance to a living community occurred.” It also limits the duration of the NHPA consultation to the time it takes to complete a NEPA review.
There’s also a new definition of federal actions that qualify for NHPA review that mirrors many of the changes to the definition of “major federal action” under NEPA.
The bill also limits what counts as an “adverse effect of the undertaking” to something that is “reasonably foreseeable” — i.e. directly and immediately caused by the action itself — and “directly alters the characteristics of a historic property in a manner that would diminish the integrity … of the historic property.” It also seeks to exclude any “visual, atmospheric or audible element” — i.e. mere sight or noise — that doesn’t “have a direct impact on a historic property that would significantly diminish” it.
BAAJA would also codify several regulatory changes to Section 401 of the Clean Water Act that Trump’s EPA proposed earlier this year to limit state power. Under current law, a federal agency cannot issue a permit to a project that will discharge pollution into a body of water unless the relevant state or tribe issues a water quality certification or waives that right. The permitting bill would give states and Tribes a maximum of one year to review a project or otherwise waive their right to certify. Senators also proposed that if the state or Tribe waives certification, the matter is settled — the federal government cannot then conduct its own water quality review. If the state or Tribe decide to attach conditions to a certification, or to deny the project altogether, the bill would place a much higher burden of proof on them to back up their decision. States would only be allowed to reject a project based on water quality — they could not cite air pollution or climate impacts.
The bill also creates special rules for interstate transmission lines and pipelines, limiting state and Tribal review to direct discharges from these projects into water bodies and barring them from considering more general, indirect water quality impacts.
Another part of the Clean Water Act, Section 404, instructs the Army Corps of Engineers to establish so-called “general permits” for the discharge of dredged material into U.S. waters. Essentially, if a project will have “minimal adverse environmental effects,” the agency can approve it under the relevant general permit rather than conducting an individual review. The permitting bill explicitly limits the scope of what the Army Corps can consider when determining whether a project qualifies for a general permit to water quality impacts — other environmental impacts must be excluded. It also says that any project that affects less than two acres of “navigable water” shall be deemed to have “minimal adverse environmental effect.”
Finally, the bill would limit project review under the Endangered Species Act to 145 days, tops, and require that it be complete by the time any parallel NEPA review is done. The bill would also exclude certain highway and transit projects from ESA review at all if they are within an existing right-of-way, and create a pathway for states to take over ESA review from the federal government for projects within their borders. — Emily Pontecorvo and Matthew Zeitlin
Transmission lines are essential to the energy transition because they connect the cities and suburbs where people use electricity to the places where cheap and zero-carbon electricity is easy to harvest. The Department of Energy has estimated that the country must boost its long-distance transmission capacity by more than half by 2035 just to meet growing energy demand.
But transmission construction in the United States has long lagged goals, and long-distance transmission is disadvantaged compared to natural gas pipelines or railroads used for coal. Since 1938, for instance, developers that want to build a new interstate natural gas pipeline could go to FERC to get their projects approved. Yet anyone who wanted to build a long-distance power line faced a much more arduous task. Instead of applying to a single federal agency that can approve their proposed line, developers must go hat in hand to every state and local government that their project passes through. States and local governments can then kill a project not even by rejecting its permit, but by sitting on it indefinitely. This means that many transmission lines never even get proposed because developers know they will not get built.
The Senate bill would change that. Under BAAJA, developers could bring a transmission project to FERC at the same time that they propose it to local governments. If the states don’t approve the project within a year, then FERC must step in and approve the line if it deems the project to be in the national interest. (The bill lists several factors — including whether a project cuts bills or improves reliability — that set that standard.)
Under the bill, FERC can also approve who should pay for the new lines. The bill sets out a new national formula that lays out how utilities and customers should divvy up the cost of a new line; only customers who benefit from a project, such as by seeing their energy costs go down, are supposed to pay for it. This provision is meant to overcome another big obstacle to building more transmission lines: Developers haven’t even known which projects might make sense to propose because it was so unclear how to divide the costs of a new line. — Robinson Meyer
For the past 20 years, the federal government has tried to encourage neighboring power grids to connect to each other and build more transmission. But its chosen mechanism — asking the Energy Department to declare specific land corridors where it’s easier to build power lines — hasn’t worked, and little has been built.
BAAJA scraps that mechanism for a new one. Under the bill, the country’s regional grid authorities are required to study whether they could improve their system or reduce customer costs by knitting their own grids more closely together or connecting them to their neighbors. The grids have to use the same forecasts and formulas when studying these interregional connections — something that has never happened before.
If grids decide that they need to build new power lines, then the new law says that local utilities don’t have an automatic monopoly or a federal “right of first refusal” to build those lines. Instead, grid authorities can auction off the right to build those lines.
The bill also tries to keep utilities from building the wrong kind of transmission. Over the past several years, even as utilities have failed to build enough long-distance transmission projects, they have constructed many low-voltage “medium-size” transmission projects that allegedly improve the system’s reliability. In 2023, 90% of transmission spending nationwide went to lower-voltage reliability upgrades, according to data from the Brattle Group collected by the energy nonprofit RMI.
It’s been unclear who is allowed to decide whether these projects are worth it. Because the lines are transmission projects, the federal government is in charge, because it has oversight of utility-scale transmission projects. However, because these projects are often built entirely within state lines (and often entirely within a utility’s service area), the federal government can’t make sure a given project is prudent or needed. The new permitting proposal clarifies that states are allowed to regulate these low-voltage, medium-scale projects. It also says that states can call in the feds, so to speak, and ask FERC for oversight or an investigation if local regulators believe a given utility project is out of line.
BAAJA also overhauls the “interconnection queue” process, an arduous process that has kept new sources of zero-carbon energy from entering the grid. Right now, most of the country’s regional grids require any new power plant to get in the “interconnection queue,” a years-long waiting list, before it can hook up to the grid and sell power to customers. Only upon getting to the front of the queue is a power plant told how much it will have to pay to sell energy to the grid. This process has historically penalized solar, wind, and battery facilities more than fossil fuel facilities, because they are often smaller and less able to pay high interconnection costs.
BAAJA would require regional grids to adopt a particular kind of streamlined interconnection queue that is already used in the Great Plains’ power grid. Instead of waiting in line for years for the right to connect to a grid, power plants could pay a fixed fee under the new model, and the local grid operator could plan its transmission expansion and its interconnection queue in tandem. — Robinson Meyer
Many AI data centers use so much energy that if a utility does not build transmission infrastructure specifically to serve them, then the risk of blackouts or brownouts for everyone on the local grid can increase. Under current federal law, a local utility cannot force a data center to pay for the cost of that new infrastructure and the existing powerlines that it already relies on. This means that ratepayers wind up bearing some of the cost of serving the data center — even if the data center developer has agreed to a ratepayer protection pledge.
BAAJA would change the law so that utilities could charge data centers and other energy-hungry facilities for both the new and the old infrastructure. This would enshrine in federal law the idea that customers should not pay for data centers’ electricity demand — and it would write a form of legal discrimination against data centers and other large energy users into the Federal Power Act. The bill would also require data centers, cloud computing facilities, and crypto miners to report their energy use to the federal government every year.
The bill encourages grid operators to expand the grid’s capacity without building any new infrastructure, encouraging — and sometimes requiring — that utilities and regional grids get the most out of the grid that they have. It forces regional grid operators to allow virtual power plants into their markets, for instance. Virtual power plants let households work together to get paid to use solar panels, batteries, flexible EV charging, or other smart technology to flex their energy use up or down as the grid requires.
The bill also forces utilities to study how they can bolster existing lines or use grid-enhancing technologies to avoid building new infrastructure. It requires that they adopt these technologies when the benefits outweigh the costs or risk losing some of their profit. — Robinson Meyer
The bill says that the federal government is no longer allowed “to take any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a federal authorization or permit in effect on or after” September 16 of this year. It also says that agencies may not “take any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary Federal authorizations and permits.” Crucially, there is a carveout for these steps “if such action is necessary to prevent specific, urgent, substantial, and proximate harm or damage to life, property, national security, or defense that is based on new information.” That justification would be subject to legal challenge.
The legislation would bar federal agencies from taking more than a year to hand down decisions on permitting applications they consider otherwise complete, and prohibits denial or delay that displays a “pattern of disparate treatment” against any specific energy or mineral infrastructure project. It defines this kind of pattern as “a substantial increase” in the previous five calendar years of delay for one “specific type of covered project beyond the applicable timeline” that is “the result of an intentional course of action undertaken by the federal government to create such a pattern.”
This “permitting certainty” provision applies to at least 46 kinds of projects, including all common fuel types, renewables, pipelines, mines, refineries, battery storage, and fossil fuel export terminals. It would also provide relief to project developers if a court found the federal government applied this “pattern of disparate treatment” — damages, including any costs associated with the delay, to be paid out of the same Treasury Department fund used for recent offshore wind settlements buying energy companies out of their leases.
Put together, these provisions sound like a promising remedy to the renewable energy industry’s woes under the Trump administration. Maybe they are! Companies would finally have explicit legal leverage against the president’s permitting pause.
But it’s too soon to tell whether this — or any — permitting deal can really fix everything. The Trump administration has been extraordinarily creative at finding ways to tie up projects with agency reviews and arbitrary requirements, including some on private lands. A good test for whether this bill would truly clear the administrative logjam is whether it ends the Department of Defense’s slowdown for airspace clearances necessary to build new wind turbines. Anything above 200 feet needs federal air approval and almost all wind turbines are that tall. The DOD ground this once-routine process to a halt, and it’s unclear whether the bill would change that.
Wind developers sued DOD and won a judicial injunction on any continued stallout. In response, developers allege the Defense Department simply created a new system for delaying all of these approvals, citing national security — precisely the kind of programmatic extra-legal delay this bill purports to deal with.
On Tuesday, the developers filed a response to the court stating the Trump administration’s willingness to sign off on individual projects as part of permitting talks was evidence that their fight with the administration on this issue stretched the boundaries of what could be decided within the legal system. “If DOD can quickly approve the projects with mitigation agreements awaiting countersignature in a deal on permitting reform legislation, it’s unclear why they can’t quickly approve the projects to comply with the Court’s order staying the freeze,” the filing reads.
Would this deal help the wind companies in this case? It would create a legal remedy developers can pursue should the federal government continue to muck around. And it would give companies a new, clear statute to reference and say to the courts, “See! They’re not following the law!”
The bill would also give the Trump administration room to say, “See! This is precisely the sort of thing we’re allowed to do in the name of national security.” In that light, Energy Secretary Chris Wright’s remarks on the hypothetical risks of drone attacks at Heatmap House last week take on new significance — it’s a quote-unquote new threat.
At the press conference for the bill, Senate Environment and Public Works ranking member Sheldon Whitehouse said there’s still work to be done on this specific part of permitting negotiations and that the four corners in talks will try to resolve this when lawmakers come back after the midterm elections. — Jael Holzman
Any bipartisan energy effort in Washington will touch on geothermal. Long tagged as the energy generation technology most beloved by both Democrats and Republicans due to being a non-greenhouse-gas-emitting, firm power source that borrows techniques and equipment from the oil and gas industry, there are substantial geothermal specific provisions in the BAAJA.
These provisions are largely culled from a series of proposed bipartisan geothermal bills, including the CLEAN Act, HEATS Act, and STEAM Act, that seek to put geothermal on an even playing field with oil and gas development on public lands and to increase the pace and regularity of geothermal leasing.
To the extent geothermal is held back by having a tougher permitting gauntlet than comparable exploration and production activities for oil and gas, these changes would go a long way to eliminating that gap.
The bill sets the stage for excluding some geothermal activities from the most onerous environmental reviews, including carving out a categorical exclusion (which rules out the most onerous forms of environmental review) for “observation test projects,” which essentially means using geothermal technology, including drilling and monitoring, to determine if a geothermal resource is present. Furthermore, so-called “casual use,” which are “activities ordinarily resulting in no or negligible disturbance of public land or resources” and would include activities like mapping or surface surveying, would be excluded from NEPA review entirely.
Other provisions regularize and speed up the leasing process for geothermal projects on public lands, including by mandating that the Department of the Interior hold lease sales ever year for geothermal drilling projects and that cancelled lease sales be promptly filled in by a replacement sale. It also imposes a 30 day deadline for the Secretary of the Interior to act on a request for a geothermal drilling permit by notifying the applicant the request is complete or needs more work and then another 30 day deadline to either issue the permit or deny it, with a final ten day deadline after the applicant has done the requested work.
The bill also junks entirely the need for a federal drilling permit to do geothermal exploration on non-federal land.
For hydropower — another firm, non-emitting source of power popular with Republicans (and some Democrats) — the BAAJA includes a grab bag of encouragement and regulatory relief and certainty. This includes mandating that the Federal Energy Regulatory Commission write a report “describing any market barriers” to the deployment of hydropower.
These provisions are largely based on the FLOWS Act, introduced by Lisa Murkowski and Angus King in the Senate and Nick Langworthy and Kim Schrier in the House.
The bill also waives the necessity of FERC to approve maintenance and other types of work on existing hydropower infrastructure and limits the ability of land management agencies such as the Bureau of Land Management and the Forest Service to impose conditions on hydropower projects to those “reasonably related to the effects of the project.”
For so-called “micro hydrokinetic” projects, i.e. hydropower projects under 5 megawatts, BAAJA lays out a tailored permitting pathway including 10 to 20 year licenses and a new expedited licensing structure.
While we’re talking about energy generation technologies that Republicans like and that don’t emit greenhouse gases, you might be wondering, what about nuclear? The fission and fusion of nuclei get but a few stray mentions. That’s because nuclear has already had its own bipartisan regulatory reform directing the Nuclear Regulatory Commission to make licensing and permitting projects faster and more efficient. The Trump administration is also using its own administrative powers to overhaul the NRC, including by instituting fixed, short deadlines for permitting decisions and reviews. — Matthew Zeitlin
Finally, the bill includes a number of measures aimed at digitizing the permitting process. It gives the key permitting agencies — including FERC, NRC, the Army Corps of Engineers, and the Departments of Energy, Defense, and Interior, among others — a year to create a pilot for a centralized database of ongoing environmental reviews. That includes a single portal where developers can submit documents for review that will become accessible to all the relevant agencies, rather than having to juggle each agency’s review separately. Anyone with access to the portal will be able to see what documents have been submitted, and project statuses and timelines will update automatically. A final version of the portal would be due by December 1, 2028.
That’s easier said than done, so the bill includes a number of interim deadlines for the Council on Environmental Quality, which oversees NEPA compliance, to establish things like shared data standards and “minimum functional requirements” for various digital tools and processes. Notably, it also incorporates artificial intelligence in explicit ways, for instance by requiring automated comment analysis “with artificial intelligence support where appropriate.” It instructs agencies to preserve certain categories of metadata to assist in future AI-assisted analyses.
This all goes further than previous measures designed to digitize the permitting process such as the ePermit Act, though whether any of the deadlines would be enforceable is another matter. It instructs the agencies to undertake these tasks only “to the maximum extent practicable.” — Jillian Goodman
Current conditions: For the first time since 1914, the Atlantic hurricane season may pass without any major hurricanes, per an AccuWeather forecast • From Phoenix to Dallas, flood watches are in effect as the remnants of Hurricane Polo stretch inland from the Pacific through the Southwest • Surigae, now upgraded to a “severe” tropical storm, is set to slam into Japan’s Izu Islands, a partially populated archipelago in the same municipality as Tokyo.
The Department of Energy has ordered the release of 40 million barrels of oil from the Strategic Petroleum Reserve as diesel surpasses $6.50 per gallon and Texas proclaims a statewide “disaster” over soaring prices. The move, which Secretary of Energy Chris Wright said would “stabilize the market,” comes as the Trump administration weighs whether to temporarily ban exports of diesel, a radical step that might only slightly lower American prices while sending Europe’s fuel costs skyrocketing, as the chief executive of the continent’s No. 2 oil company cautioned in a Bloomberg interview this week. The oil is expected to be a loan from the stockpile that would, Wright said, ultimately save Americans more than $3 billion. The transaction follows the same approach the Trump administration has taken since agreeing to distribute 172 million barrels from the Strategic Petroleum Reserve back in March, when the war with Iran began. Had the administration instead sold the barrels through an emergency drawdown instead of a trade, as it did previously, and simultaneously structured the deal to allow it to buy back oil at the lower prices the futures market is trading at presently, the Energy Department could have significantly increased its profits. That’s the finding of a policy memo from the think tank Employ America that I told you about a few weeks ago. The profit could, in turn, be used to invest in America’s fuel stockpile, clearing some of the $230 million backlog of physical repairs needed on the infrastructure that stores the crude. “The choice to deliver more barrels is fraught, but with that decision made, the administration missed an opportunity to set up the SPR for long-term success,” Arnab Datta, Employ America’s managing director of policy implementation, told me in a text message last night. “I hope they consider creative options to do so moving forward.”
Meanwhile, oil is actually flowing through the Strait of Hormuz again. “Iran’s regime has lost control of the Strait of Hormuz,” energy investor Alexander Stahel wrote in a lengthy post on X. The U.S. military’s naval escorts and the United Arab Emirates’ commitment to circumventing Iran’s blockade are returning the critical waterway to “normal,” as my colleague Robinson Meyer wrote. Over text message last night, I asked an energy trader if this meant we were winning. “I’d say we’re losing less than we had been,” they said. “If Iran hadn’t gotten the Houthis to attack Saudi Arabia and seize the Red Sea, we’d definitely be.” Big if!
British Prime Minister Andy Burnham emerged triumphant from the Labour Party’s recent political implosions after he established himself as a pragmatic left-wing populist during his time as mayor of Manchester — drawing frequent comparisons to New York City Mayor Zohran Mamdani. Now Burnham is demonstrating what his brand of “business-friend socialism” means in energy. On Tuesday, Downing Street announced the launch of Great British Grid, a new subsidiary of the state-owned Great British Energy, designed to compete with private companies for investments in the power grid. “We have a cost crisis. We all know it,” Burnham said in a speech, according to The Guardian, which broke news of GB Grid. “The price of energy is crippling for businesses, and British bill payers pay some of the highest energy costs in Europe. We have an energy system where prices are dictated in markets miles away, while families and businesses here shoulder the costs. Once again, the British public has lost control.” His answer? Reverse what he called “40 years of neoliberalism.” Over here on this side of the pond, we are waiting to see what’s in the deal the Senate has brokered to ease federal permitting, one of many hurdles to building new transmission lines in America. The text of the agreement is due out later today.
Down in the South Atlantic, things are heating up in the Falkland Islands, even as temperatures outside remain low. The archipelago has never had a native population — as far as anyone can tell, the longest-lasting settled population has been the mostly British herders and fishers who have voted repeatedly to stay under the British crown. That didn’t stop Argentina, which has claimed what it calls Las Malvinas for centuries, from launching an invasion in 1983, in which the British military won a decisive victory. Now that the sleepy Falklands are preparing to drill oil wells in the offshore economic zone surrounding the islands, Buenos Aires is waging what one Falklander described to the Financial Times as “economic warfare.” Instead of Union Jacked Sea Harriers and Argentinian light cruisers doing the combat, this time Argentina is limiting trade, isolating the Falklands. “We’re just a few thousand people trying not to get blown off a rock,” local radio host Ronnie MacLennan Baird told the newspaper. “We just want to get on with our lives.”

Lots of solar developers are promising to compete with nuclear, geothermal, and hydro plants in generating the type of electricity that matches today’s favored buzzwords of “24/7,” “clean,” and “baseload” by pairing panels with batteries. Few companies, for obvious reasons, actually mean generating solar energy all day and night. Virtus Solis Technology, on the other hand, is promising to pioneer a method for delivering solar power generated from panels affixed to satellites in space, capable of angling at every hour to meet the sun’s rays and beaming wireless power back down to Earth. It’s hardly the only developer reaching for solar in space. But the Troy, Michigan-based startup is the first to get someone to agree to buy that electricity. On Wednesday, the company inked its first power purchase agreement to sell electricity from its debut, 100-megawatt solar satellite to the Chicago-based data center developer Brae Systems over the next 20 years. Virtus Solar called it the “first in a series of commercial offtake agreements” expected in the next several months. As part of the deal, Virtus Solar will build a “dedicated terrestrial receiving station to be constructed in Illinois.” The contract includes an option to increase capacity to 250 megawatts within three years of commercial operations. “Securing a direct 20-year supply of firm, clean power from Virtus Solis ensures our GPU infrastructure operates with predictable power costs and zero carbon emissions, completely insulated from terrestrial grid curtailment,” Brae Systems CEO Vishnu Indukuri said in a statement.
Other frontier energy sources have evolved quickly from plans to deals. Commonwealth Fusion Systems, the current frontrunner in America’s fusion startup race, signed its inaugural power purchase agreement with Google last year. Now the spinout from the Massachusetts Institute of Technology is attracting institutional investors, as my colleague Katie Brigham has written, and inching closer to building out its supply chain. On Wednesday morning, the company announced what it called a “landmark supply agreement” with the Japanese industrial giant Fujikura to buy more than 6,200 miles of high-temperature superconducting tape to help build CFS’ doughnut-shaped ARC fusion reactors.
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As of now, the European Union is set to start forcing foreign oil and gas companies to monitor and submit data on their methane emissions or face financial penalties. But Brussels is now considering delaying the methane reporting rules by as much as a year as tight fuel supplies send prices ever higher amid the twin energy shocks from the wars in Iran and Ukraine. On Tuesday, Reuters and OilPrice.com reported that EU Energy Commissioner Dan Jorgensen had confirmed that officials are examining whether to postpone the provisions. The statement came days after Jorgensen made a similar remark to Bloomberg.
Meanwhile, Jorgensen’s native Denmark is heeding the former U.S. Energy Secretary Ernie Moniz’s call to invest more in clean fuels. On Tuesday, Hydrogen Insight reported that the country planned to increase its budget for building a network of dedicated hydrogen pipelines by $850 million.
One of the more memorable moments of the 2024 vice presidential debate came when JD Vance lashed his Democratic rival, Minnesota Governor Tim Walz, for failing to prioritize manufacturing of solar panels in the U.S. The Democrat shot back that such factories were open in his very state. Among them was Heliene, a producer of high-performance solar modules designed for boutique rooftop units. On Tuesday, the company rolled out a new all-American module at a moment when solar buyers are increasingly seeking technology that won’t be subject to President Donald Trump’s tariffs. “The new module brings together American-made polysilicon, ingots, wafers, and solar cells, reconnecting critical stages of the solar supply chain with U.S. manufacturing after more than a decade,” the company said, calling the module “an important step in reshoring U.S. solar manufacturing, bringing more of the upstream silicon supply chain back to America.”
As my colleague Emily Pontecorvo and I reported last month, the Department of Commerce just threw solar manufacturers a lifeline by slapping new import levies and restrictions on foreign polysilicon, the main ingredient in solar panels. But the agency halted enforcement until early December, giving importers the opportunity to stockpile in advance of the new rules taking effect. Last week, the Commerce Department moved to ban stockpiling. “Protecting against stockpiling is critical to ensure a functionally viable remedy from the Section 232 rules,” Matt Card, president of the U.S. cell manufacturer Suniva, told PV Tech.
A quick letter of recommendation to close out this morning’s newsletter. Back in 2018, I received a galley copy of a forthcoming book by a niche left-wing sociologist with a growing focus on climate change. The title — After Geoengineering: Climate Tragedy, Repair, and Restoration — struck me. Geoengineering and its associated technological ideas to adapt to a hotter world, such as carbon dioxide removal, were at that point very taboo in climate policy circles. The technology, assuming it even worked, posed what many saw as a moral hazard, a Pandora’s box that, if opened, would sap humanity’s collective will to do the hard work of mitigating fossil fuel emissions. At least, that was the dominant mode of thinking at the time. So, you can imagine, I found that book title provocative. Over the course of 288 pages, the author, Holly Jean Buck, bounced between dense but readable chapters of nonfiction explanations of the latest science behind various cutting-edge climate technologies and sections of fictional sci-fi vignettes. The stories painted a picture of life in the not-so-distant future. One that has stuck with me over the years is a vision of an Oklahoma rancher earning passive income by letting a state carbon disposal program pump captured CO2 into the geological formations beneath his property. I offer my sincere congratulations to Holly, who yesterday was named among the 20 recipients of this year’s MacArthur Foundation’s prestigious “genius grant.”
Novele is aiming to smooth out power consumption for commercial buildings, saving tenants money and easing grid strain.
Electricity is more expensive in times of peak demand — that’s simply a universal truth. But for many commercial building owners and tenants, their most energy-intensive minutes of the month can have an especially outsized impact on their electricity bill. That’s because of the “demand charge,” a fee based on a building’s single highest burst of power consumption, which can make up over 50% of a customer’s monthly bill. Likewise, shrinking those bursts would not only ease strain on the grid, but could also dramatically lower commercial users’ costs.
Or at least that’s Novele’s pitch. The startup, which makes 2-inch-thick, fire-safe lithium-ion batteries that mount on the interior walls of commercial spaces such as offices, hospitals, and big box retailers, announced Wednesday that it raised an oversubscribed $17 million Series A led by impact-focused investor Boisei Labs. The funding will help the company scale its AI-powered battery system, which networks batteries placed throughout a building and uses software to predict impending spikes in power demand. Just before the peak hits, the system can automatically switch the building from grid power to battery power, helping the customer avoid those costly demand charges.
“We learn how the building consumes power, but we’re also taking into account other considerations, like what day of the week it is, how the building is occupied, when it’s being used, what’s happening with the weather conditions,” Novele’s co-founder and CEO Charles Conwell told me.
Of course, battery storage for commercial customers is nothing new. Tesla, for one, has long sold large batteries like its Megapack, along with software designed to help businesses manage and reduce peak demand. But unlike these larger outdoor systems, Novele designed its thin panels for installation inside occupied spaces like hospital hallways and offices, distributing the batteries throughout a building while operating them as a single, coordinated system.
The systems are custom designed, so Novele told me it couldn’t provide an overall cost estimate. But Conwell told me the batteries typically have a 20- to 40-month payback period, the timeframe in which a customer’s electricity bill savings should eclipse the system’s upfront cost. (The company also offers financing options that allow customers to spread out that cost over time.) And while customers may sign up for the cost savings, there are major decarbonization benefits, too. So-called peak-shaving can reduce the need for peaker plants — natural gas facilities that only fire up when demand is highest. These plants are typically among the grid’s most carbon-intensive assets, as they’re designed to ramp up quickly rather than operate efficiently for long periods.
These automated batteries could also enable commercial buildings to participate in virtual power plant programs, which ease strain on the grid by cutting energy use during periods of high demand or by tapping assets like batteries to send power back to the grid. Using stored energy when needed, Conwell explained, is better than typical demand response initiatives, which often require tenants to change their routines — e.g. when they run the dishwasher or charge an EV — to accommodate the grid. That approach, he said, is either “ineffective or doesn’t make the tenants very happy.”
As the company scales, it also envisions building a portfolio of properties that, if they have “a dense enough footprint,” could work in concert to form their own virtual power plant of sorts, Conwell said.
In the near term, however, Novele plans to use its Series A to expand its team, install more systems, and further develop its software. It’s particularly focused on markets where electricity costs are already high or climbing fast, such as California, New York, New England, and parts of the PJM power market. In PJM in particular, record-high capacity prices — largely driven by data center demand — are pushing electricity bills to new heights.
The company says it has already installed batteries for several Fortune 50 customers, though it’s keeping the identities of these early adopters under wraps. Conwell told me that there’s also “a bunch of installations that are in progress,” and that in the coming year, the company will be working toward making the process of purchasing, installing, and operating Novele’s system as seamless as possible.
Once that foundation is in place, Conwell sees an opportunity to help usher in a more responsive, intelligent future for the built environment. “If you get the infrastructure right, if you bring in the controls — the mechanical controls, the machine learning controls, and the artificial intelligence-driven controls — you start to be able to set the stage for a dynamic, autonomous building of the future.”