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The Last Time America Tried to Legislate Its Way to Energy Affordability
Lawmakers today should study the Energy Security Act of 1980.
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Lawmakers today should study the Energy Security Act of 1980.
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Current conditions: New Orleans is expecting light rain with temperatures climbing near 90 degrees Fahrenheit as the city marks the 20th anniversary of Hurricane Katrina • Torrential rains could dump anywhere from 8 to 12 inches on the Mississippi Valley and the Ozarks • Japan is sweltering in temperatures as high as 104 degrees.
In a Mad Libs of a merger story, President Donald Trump’s social media company inked a $6 billion deal Thursday to combine with fusion energy company TAE Technologies in a bid to start construction on “the world’s first utility-scale fusion power plant” next year. It’s a lofty claim, to put it minimally. Once the darling of private fusion investors, TAE has since fallen behind rivals pursuing technological approaches that are considered easier and better studied, such as Commonwealth Fusion Systems. A key difference between the two technologies is the fuel. While TAE's deuterium-fueled reactor has to get as hot as 1 billion degrees Celsius, Commonwealth Fusion’s tritium-deuterium fuel needs to reach only — I almost want to put “only” in quotes since we’re talking about a temperature nearly seven times hotter than the center of the sun — 100 million degrees. The more than two dozen private fusion companies racing to build the first power plant aren’t just competing against each other. China, as I have written in this newsletter recently, is outspending the rest of the world combined on fusion investments.
But the all-stock deal between TAE and Trump Media and Technology Group, the parent company of Truth Social, could capture more money from retail investors eager to get in on the fusion game. After all, the next-generation nuclear fission industry has a growing stable of startups whose stocks generate billions of dollars but whose businesses have no revenue. The merger shows “both the Trump administration’s commitment and investor appetite for clean, scalable fusion energy,” Greg Piefer, the chief executive of the rival fusion company SHINE Technologies, wrote in a LinkedIn post. Still, he said his startup, which Heatmap’s Katie Brigham wrote recently is already generating revenue selling medical isotopes, will be able “to scale faster than any other fusion company.” That’s a diplomatic way of analyzing a deal involving the president. When I called up Chris Gadomski, the lead nuclear analyst at the consultancy BloombergNEF yesterday morning, he told me, “I’m just flabbergasted.”
The House voted 221-196 Thursday to pass the SPEED Act, a bipartisan permitting reform bill to overhaul the National Environmental Policy Act. Eleven Democrats supported the bill, and just one Republican voted no. But GOP lawmakers made last-minute changes to appease right-wing critics of offshore wind, causing some Democrats who planned to vote yes to defect, Politico reported. That provision will almost certainly make passage in the Senate a challenge. As Heatmap’s Jael Holzman reported last week, top Senate Democrats vowed to oppose the legislation unless the bill barred executive branch agencies from yanking already-granted permits, a move designed to halt the Trump administration’s assault on offshore wind. As our colleague Emily Pontecorvo wrote yesterday, passing the House was one thing, “but now comes the hard part.”
Easing federal environmental assessments isn’t the only approach to speeding up energy deployment. As our other colleague Matthew Zeitlin explained yesterday, the Federal Energy Regulatory Commission is pushing to make it easier to plug data centers directly into power plants.
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The Department of Energy’s independent watchdog is opening an investigation into the agency’s decision to cancel $8 billion in funding for clean energy projects in California and other Democratic-leaning states. The bulk of the projects, including a $1.2 billion regional hydrogen hub, were located in California, the Los Angeles Times noted. The audit by the Energy Department’s Office of the Inspector General came in response to a plea from nearly 30 California lawmakers raising concern that the states were illegally targeted “for their perceived lack of support for President Trump.”
At the same time, a coalition of cities, consumer advocates, and green groups sued the Internal Revenue Service on Thursday over new Treasury Department rules “that unfairly and illegally discriminate against wind and solar projects.”
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The Swedish nuclear startup Blykalla raised $50 million in a fresh round of funding to hasten its work on building small modular reactors. The most interesting name among the investors? The American nuclear startup Oklo. In a statement to NucNet, the companies said that by aligning two of the fastest-moving reactor developers in the world, the companies could shorten “critical paths to development, reducing schedule risks and unlocking supply chain efficiencies.” While Oklo’s as-yet-unbuilt microreactors would use liquid metal as a coolant, Blykalla’s design uses lead. But both models qualify as fourth-generation reactors.
General Motors CEO Mary Barra may have identified her heir apparent, but first she plans to put him through a “tough test” in his new role as chief product officer. Sterling Anderson, the former head of Tesla’s self-driving Autopilot division, first joined the Detroit giant in May, in what the electric vehicle site Electrek called “a surprising move that put a tech executive in charge of the legacy automaker’s entire vehicle development program.” Now a new report from Bloomberg stated that Barra sees Anderson as a frontrunner to replace her when she eventually steps down.
Flying drones over whales to collect samples of exhaled breath from blowholes is considered a breakthrough in non-invasive health monitoring for marine giants in Arctic regions. Now, however, a study of wild humpback, sperm and fin whales in northern Norway has revealed for the first time a potentially deadly virus known as cetacean morbillivirus circulating above the Arctic Circle. The upside is that the new use of drones could support conservation by detecting the virus, which is connected to mass strandings, early before major death events. “Drone blow sampling is a game-changer,” Terry Dawson, a co-author of the study and a professor at King’s College London, said in a statement. “It allows us to monitor pathogens in live whales without stress or harm, providing critical insights into diseases in rapidly changing Arctic ecosystems.”
The SPEED Act faces near-certain opposition in the Senate.
The House of Representatives has approved the SPEED Act, a bill that would bring sweeping changes to the nation’s environmental review process. It passed Thursday afternoon on a bipartisan vote of 221 to 196, with 11 Democrats in favor and just one Republican, Brian Fitzpatrick of Pennsylvania, against.
Thursday’s vote followed a late change to the bill on Wednesday that would safeguard the Trump administration’s recent actions to pull already-approved permits from offshore wind farms and other renewable energy projects.
Prior to that tweak, the bill would have limited the Trump administration’s ability to alter or revoke a federal permitting decision after the fact. The new version, adopted to secure votes from Republican representatives in Maryland and New Jersey, carves out an exception for agency actions taken between January 20 and the day the law takes effect.
"Last-minute changes to the SPEED Act undercut the bill’s intent to provide certainty to American business,” Rich Powell, the CEO of the Clean Energy Buyers Association said in a press release after the bill passed. “We hope the Senate will now take this language and strengthen those protections for existing and new projects needed to maintain grid reliability and meet growing electricity demand.”
At a high level, the SPEED Act would hasten federal permitting by restricting the evidence that federal agencies consider during the environmental review process and limiting the amount of time a court can deliberate over challenges to federal decisions. It would also disallow courts from vacating permits or issuing injunctions against projects if it finds that a federal agency violated NEPA. The changes would apply to permits of all kinds, including for oil and gas drilling, solar and wind farms, power lines, and data centers.
Environmental groups were generally against the bill. “Far from helping build the clean energy projects of the future, the SPEED Act will only result in an abundance of contaminated air and water, dirty projects, and chronic illnesses with fewer opportunities to hold polluters accountable in court,” Stephen Sciama, senior legislative council for Earthjustice Action, said in a press release on Thursday.
But proponents, such as the conservative energy group Clearpath Action, argue the bill will enable American industry to “invest and build with confidence” by cutting unnecessary red tape, improving coordination across agencies, and setting clearer rules and timelines for judicial review.
In House floor testimony on Thursday morning, Republican Bruce Westerman of Arkansas, the SPEED Act’s lead sponsor, said the bill had the backing of more than 375 industry groups and businesses, and bipartisan support in both the House and Senate. “The SPEED act will deliver the energy and infrastructure Americans need,” he said.
The bill lost at least one significant industry supporter after Wednesday’s changes, however. The American Clean Power Association, which had previously joined the American Petroleum Institute and others in a letter urging the House to pass the bill, withdrew its support, calling the new language a “poison pill” that “injects permit uncertainty, and creates a pathway for fully permitted projects to be canceled even after the Act’s passage.”
The Solar Energy Industries Association also denounced the bill’s passage.
Contrary to Westerman’s assertion, the bill’s fate in the Senate is far from certain. “Even if the House passes this bill today, it is going nowhere in the Senate,” Democratic Representative Jared Huffman of California asserted on the floor on Thursday. “What a missed opportunity to tackle a serious issue that Democrats were very interested in working on in good faith.”
Some Senate Democrats came out in opposition of the bill even before the late-breaking amendments. Senators Brian Schatz of Hawaii, Sheldon Whitehouse of Rhode Island, and Martin Heinrich of New Mexico told my colleague Jael Holzman that the bill did not do enough to ensure the buildout of transmission and affordable clean energy, but that they “will continue working to pass comprehensive permitting reform that takes real steps to bring down electricity costs.”
Some see getting the SPEED Act through the House as merely a starting point for a more comprehensive and fair permitting deal. Democratic Representative Adam Gray of California told Politico’s Joshua Siegel Thursday that he was voting in favor of the bill despite the last minute changes due to his faith that the Senate will hammer out a version that provides developers of all energy stripes the certainty they need.
His Californian colleague Representative Scott Peters, on the other hand, voted against the bill, but committed to getting a deal done with the Senate. “We need to get permitting reform done in this Congress,” he said on the House floor Thursday.