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Don’t mess with Texas’ power demand.

Load growth is becoming controversial in Texas, where its isolated, uniquely free market electricity system makes a sometimes awkward fit with the state’s distinctive right-wing politics. They crashed together Wednesday, when the state’s conservative Lieutenant Governor Dan Patrick, who a few weeks ago was attending Donald Trump’s criminal trial in New York City, expressed skepticism of the state’s bitcoin mining industry and the prospect of more data centers coming to Texas.
Responding to “shocking” testimony from the head of ERCOT, which manages about 90% of Texas’s electricity grid, Patrick wrote on X, “We need to take a close look at those two industries [crypto and AI]. They produce very few jobs compared to the incredible demands they place on our grid. Crypto mining may actually make more money selling electricity back to the grid than from their crypto mining operations."
Texas has become a center of the crypto mining industry precisely because of how flexible and market-oriented the state’s grid is. Crypto miners in Texas can take advantage of ERCOT’s “demand response” programs, which pay large users of electricity to be willing to shut down when power is scarce and expensive on the grid, and have a relatively easy time getting onto the grid.
The U.S. Energy Information Administration has estimated that crypto mining makes up about 2% of the country’s electricity demand, and the industry’s power usage has come under scrutiny from politicians before, but typically from Democrats.
Riot Networks, a crypto miner based in Texas, has at times made dramatically more money from its interactions with the grid than by actually generating Bitcoin. Last August, when Texas was setting records for electricity demand, the company made $31.6 million from selling power back to the grid that it had previously bought for a prearranged price, or from incentive payments for being willing to power down in moments of peak demand, compared to $8.6 million from crypto mining. The result, the company’s chief executive said in a statement, “was a landmark month for Riot in showcasing the benefits of our unique power strategy.”
The miners have also been blamed for raising prices for Texas residents and businesses who can’t be as flexible with their power demand, as well as for the greenhouse gas emissions generated by their activity.
Patrick, oddly enough and almost certainly inadvertently, echoed an extensive 2013 New York Times story when he said that “Texans will ultimately pay the price” for high power demand from this crypto and data operations. “I’m more interested in building the grid to service customers in their homes, apartments, and normal businesses and keeping costs as low as possible for them instead of for very niche industries that have massive power demands and produce few jobs. We want data centers, but it can’t be the Wild Wild West of data centers and crypto miners crashing our grid and turning the lights off,” Patrick wrote.
(The New York Times: “Other major energy users, like factories and hospitals, cannot reduce their power use as routinely or dramatically without severe consequences,” and “other industries, including metals and plastics manufacturing, also require large amounts of electricity, causing pollution and raising power prices. But Bitcoin mines bring significantly fewer jobs.”)
At the same time, Trump has been making a concerted play for the crypto community, including miners. He has promised to commute the sentence of Ross Ulbricht, who operated The Silk Road, an online marketplace (for, among other things, illegal drugs) that used crypto. (He’s serving a life sentence for narcotics distribution and a host of conspiracy charges.) On Wednesday, Trump posted to Truth Social, “Bitcoin mining may be our last line of defense against a CBDC,” a.k.a. a central bank digital currency. “Biden’s hatred of Bitcoin only helps China, Russia, and the Radical Communist Left. We want all the remaining Bitcoin to be MADE IN THE USA!!! It will help us be ENERGY DOMINANT!!!”
Trump in the past has sounded the Bitcoin skeptic, having tweeted in 2019, “I am not a fan of Bitcoin and other Cryptocurrencies, which are not money, and whose value is highly volatile and based on thin air. Unregulated Crypto Assets can facilitate unlawful behavior, including drug trade and other illegal activity....,” but has since seemed to have, for now, come around.
While Trump is making a concerted play to win over new constituencies for his election bid, Patrick was responding to testimony from the head of ERCOT that Texas’s power demand will grow faster than previously estimated, and that electricity supply may need to almost double in the next 10 years at the latest.
That will require substantial new supply. While Texas is leading the nation in installation of utility-scale solar and is the number one state for wind thanks to a combination of its large size, growing population and electricity demand, large sunny and windy areas, and a more light-touch approach to regulation and hooking up to the grid, it is also embracing state planning for its fossil energy sector. Texas has established a $5 billion fund to provide low-cost financing to developers of dispatchable power generators that can be turned on and off at any time — largely natural gas.
Patrick had said earlier in a statement, “We must bring new dispatchable generation (primarily new natural gas plants) to Texas to ensure we maintain reliable power under any circumstance.”
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The Secretary of the Interior said he “absolutely” planned to appeal a ruling that lifted blocks on wind and solar approvals.
The Trump administration is not backing down from its discriminatory policies for approving wind and solar projects. Interior Secretary Doug Burgum testified to Congress on Wednesday that his agency would appeal a recent district court ruling blocking it from enforcing these policies.
“We reject the whole premise,” Burgum said during a House Natural Resources Committee hearing.
Since Trump took office, the Interior Department has issued a series of memos and secretarial orders that systematically disadvantage wind and solar projects. Last July, it issued a memo requiring that nearly all approvals in the wind and solar permitting process be subject to additional reviews by the secretary’s office. A subsequent order required the agency to prioritize permitting projects with greater energy density, meaning ones that produce more power per acre of land, and deemed wind and solar “highly inefficient” compared with coal, nuclear, and natural gas projects.
The policies amounted to an effective freeze on wind and solar development on public lands, while also stalling projects on private lands that require federal consultations, affecting hundreds of clean energy projects. By the end of last year, Democrats saw no point in negotiating on permitting reform if the executive branch could simply make up its own permitting rules. They insisted on limits to executive power before they’d agree to a deal.
Around the same time, a coalition of clean energy groups, including the Clean Grid Alliance, Alliance for Clean Energy New York, and the Southern Renewable Energy Association, challenged the agency’s actions in the U.S. District court for the District of Massachusetts. The Interior’s permitting policies “place wind and solar technologies into second-class status without providing any rational justification for such disparate treatment or drastic policy shifts — unlawfully picking winners and losers among energy sources, contrary to Congress’ intent,” the lawsuit claimed. The groups argued the policies were arbitrary and capricious, in violation of the Administrative Procedures Act. In April, Judge Denise Casper sided with the plaintiffs, putting a temporary injunction on the agency’s wind and solar-hobbling memos.
During Wednesday’s hearing, Representative Susie Lee of Nevada told Burgum that his policies have “created a total permitting mess” in her sunny home state, and asked him what the immediate impact of the court’s order was within his agency. When Burgum responded by denigrating the judge’s decision, Lee asked if he was planning to appeal the order.
“Yeah, absolutely,” he said, asserting that “the idea that a single judge could decide” how the agency conducts permitting “is absurd.”
At the end of her questioning, Lee reaffirmed that the July 15 memo was the single thing stalling a permitting reform deal in Congress. “If you would just rescind that memo, we could get permitting reform passed this Congress, and we can start to talk about permitting all forms of energy.”
Later in the hearing, Burgum also defended another of the administration’s controversial actions regarding renewables. California Representative Dave Min questioned Burgum on his deal to pay the French energy company Total nearly $1 billion to walk away from its offshore wind leases. Was that an appropriate use of money, Min asked, considering so many Americans were struggling with high energy bills? Burgum rejected the premise, asserting several times that the agency merely “refunded” Total’s money.
The state has terminated an agreement to develop substations and other necessary grid infrastructure to serve the now-canceled developments.
Crucial transmission for future offshore wind energy in New Jersey is scrapped for now.
The New Jersey Board of Public Utilities on Wednesday canceled the agreement it reached with PJM Interconnection in 2021 to develop wires and substations necessary to send electricity generated by offshore wind across the state. The board terminated this agreement because much of New Jersey’s expected offshore wind capacity has either been canceled by developers or indefinitely stalled by President Donald Trump, including the now-scrapped TotalEnergies projects scrubbed in a settlement with his administration.
“New Jersey is now facing a situation in which there will be no identified, large-scale in-state generation projects under active development that can make use of [the agreement] on the timeline the state and PJM initially envisioned,” the board wrote in a letter to PJM requesting termination of the agreement.
Wind energy backers are not taking this lying down. “We cannot fault the Sherrill Administration for making this decision today, but this must only be a temporary setback,” Robert Freudenberg of the New Jersey and New York-focused environmental advocacy group Regional Plan Association, said in a statement released after the agreement was canceled.
I chronicled the fight over this specific transmission infrastructure before Trump 2.0 entered office and the White House went nuclear on offshore wind. Known as the Larrabee Pre-Built Infrastructure, the proposed BPU-backed network of lines and electrical equipment resulted from years of environmental and sociological study. It was intended to connect wind projects in the Atlantic Ocean to key points on the overall grid onshore.
Activists opposed to putting turbines in the ocean saw stopping the wires as a strategy for delaying the overall construction timelines for offshore wind, intensifying both the costs and permitting headaches for all state and development stakeholders involved. Some of those fighting the wires did so based on fears that electromagnetic radiation from the transmission lines would make them sick.
The only question mark remaining is whether this means the state will try to still proceed with building any of the transmission given rising electricity demand and if these plans may be revisited at a later date. The board’s letter to PJM nods to the future, asserting that new “alternative pathways to coordinated transmission” exist because of new guidance from the Federal Energy Regulatory Commission. These pathways “may serve” future offshore wind projects should they be pursued, stated the letter.
Of course, anything related to offshore wind will still be conditional on the White House.
The opinion covered a host of actions the administration has taken to slow or halt renewables development.
A federal court seems to have struck down a swath of Trump administration moves to paralyze solar and wind permits.
U.S. District Judge Denise Casper on Tuesday enjoined a raft of actions by the Trump administration that delayed federal renewable energy permits, granting a request submitted by regional trade groups. The plaintiffs argued that tactics employed by various executive branch agencies to stall permits violated the Administrative Procedures Act. Casper — an Obama appointee — agreed in a 73-page opinion, asserting that the APA challenge was likely to succeed on the merits.
The ruling is a potentially fatal blow to five key methods the Trump administration has used to stymie federal renewable energy permitting. It appears to strike down the Interior Department memo requiring sign-off from Interior Secretary Doug Burgum on all major approvals, as well as instructions that the Interior and the Army Corps of Engineers prioritize “energy dense” projects in ways likely to benefit fossil fuels. Also struck down: a ban on access to a Fish and Wildlife Service species database and an Interior legal opinion targeting offshore wind leases.
Casper found a litany of reasons the five actions may have violated the Administrative Procedures Act. For example, the memo mandating political reviews was “a significant departure from [Interior] precedent,” and therefore “required a ‘more detailed justification’ than that needed for merely implementing a new policy.” The “energy density” permitting rubric, meanwhile, “conflicts” with federal laws governing federal energy leases so it likely violated the APA, the judge wrote.
What’s next is anyone’s guess. Some cynical readers may wonder whether the Supreme Court will just lift the preliminary injunction at the administration’s request. It’s worth noting Casper had the High Court’s penchant for neutralizing preliminary injunctions in mind, writing in her opinion, “The Court concludes that the scope of this requested injunctive relief is appropriate and consistent with the Supreme Court’s limitations on nationwide injunctions.”