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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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A new letter sent Friday asks for reams of documentation on developers’ compliance with the Bald and Golden Eagle Protection Act.
The Fish and Wildlife Service is sending letters to wind developers across the U.S. asking for volumes of records about eagle deaths, indicating an imminent crackdown on wind farms in the name of bird protection laws.
The Service on Friday sent developers a request for records related to their permits under the Bald and Golden Eagle Protection Act, which compels companies to obtain permission for “incidental take,” i.e. the documented disturbance of eagle species protected under the statute, whether said disturbance happens by accident or by happenstance due to the migration of the species. Developers who received the letter — a copy of which was reviewed by Heatmap — must provide a laundry list of documents to the Service within 30 days, including “information collected on each dead or injured eagle discovered.” The Service did not immediately respond to a request for comment.
These letters represent the rapid execution of an announcement made just a week ago by Interior Secretary Doug Burgum, who released a memo directing department staff to increase enforcement of the Bald and Golden Eagle Protection Act “to ensure that our national bird is not sacrificed for unreliable wind facilities.” The memo stated that all permitted wind facilities would receive records requests related to the eagle law by August 11 — so, based on what we’ve now seen and confirmed, they’re definitely doing that.
There’s cause for wind developers, renewables advocates, and climate activists to be alarmed here given the expanding horizon of enforcement of wildlife statutes, which have become a weapon for the administration against zero-carbon energy generation.
The August 4 memo directed the Service to refer “violations” of the Bald and Golden Eagle Protection Act to the agency solicitor’s office, with potential further referral to the Justice Department for criminal or civil charges. Violating this particular law can result in a fine of at least $100,000 per infraction, a year in prison, or both, and penalties increase if a company, organization, or individual breaks the law more than once. It’s worth noting at this point that according to FWS’s data, oil pits historically kill far more birds per year than wind turbines.
In a statement to Heatmap News, the American Clean Power Association defended the existing federal framework around protecting eagles from wind turbines, noted the nation’s bald eagle population has risen significantly overall in the past two decades, and claimed golden eagle populations are “stable, at the same time wind energy has been growing.”
“This is clear evidence that strong protections and reasonable permitting rules work. Wind and eagles are successfully co-existing,” ACP spokesperson Jason Ryan said.
The $7 billion program had been the only part of the Greenhouse Gas Reduction Fund not targeted for elimination by the Trump administration.
The Environmental Protection Agency plans to cancel grants awarded from the $7 billion Solar for All program, the final surviving grants from the Greenhouse Gas Reduction Fund, by the end of this week, The New York Times is reporting. Two sources also told the same to Heatmap.
Solar for All awarded funds to 60 nonprofits, tribes, state energy offices, and municipalities to deliver the benefits of solar energy — namely, utility bill savings — to low-income communities. Some of the programs are focused on rooftop solar, while others are building community solar, which enable residents that don’t own their homes to access cheaper power.
The EPA is drafting termination letters to all 60 grantees, the Times reported. An EPA spokesperson equivocated in response to emailed questions from Heatmap about the fate of the program. “With the passage of the One Big Beautiful Bill, EPA is working to ensure Congressional intent is fully implemented in accordance with the law,” the person said.
Although Solar for All was one of the programs affected by the Trump administration’s initial freeze on Inflation Reduction Act funding, EPA had resumed processing payments for recipients after a federal judge placed an injunction on the pause. But in mid-March, the EPA Office of the Inspector General announced its intent to audit Solar for All. The results of that audit have not yet been published.
The Solar for All grants are a subset of the $27 billion Greenhouse Gas Reduction Fund, most of which had been designated to set up a series of green lending programs. In March, Administrator Lee Zeldin accused the program of fraud, waste, and abuse — the so-called “gold bar” scandal — and attempted to claw back all $20 billion. Recipients of that funding are fighting the termination in an ongoing court case.
State attorneys generals are likely to challenge the Solar for All terminations in court, should they go through, a source familiar with the state programs told me.
All $7 billion under the program has been obligated to grantees, but the money is not yet fully out the door, as recipients must request reimbursements from the EPA as they spend down their grants. Very little has been spent so far, as many grantees opted to use the first year of the five-year program as a planning period.
Along with Senator John Curtis of Utah, the Iowa senator is aiming to preserve the definition of “begin construction” as it applies to tax credits.
Iowa Senator Chuck Grassley wants “begin construction” to mean what it means.
To that end, Grassley has placed a “hold” on three nominees to the Treasury Department, the agency tasked with writing the rules and guidance for implementing the tax provisions of the One Big Beautiful Bill Act, many of which depend on that all-important definition.
Grassley and other Republican senators had negotiated a “glidepath for the orderly phaseout” of tax credits for renewables, the senator in a statement announcing the hold, giving developers until July 2026 to start construction on projects (or complete the projects and have them operating by the end of 2027) to qualify for tax credits.
Days after signing the law, however, President Trump signed an executive order calling for new guidance on what exactly starting construction means. The title of that order, “Ending Market Distorting Subsidies for Unreliable, Foreign Controlled Energy Sources,” has generated understandable concern within the renewables industry that, as part of a deal to get conservative House members to support the bill, the Treasury Department will write new guidance making it much more difficult for wind and solar projects to qualify for tax credits.
“What it means for a project to ‘begin construction'’ has been well established by Treasury guidance for more than a decade,” Grassley said. Under these longstanding definitions, “beginning construction” can mean undertaking “physical work of a significant nature,” which can include or buying certain long-lead equipment or components like transformers. Another way to qualify for the credits is to spend 5% of the total cost of the project.
A more restrictive interpretation of “begin construction,” however, could turn the tax credit language into a dead letter, especially when combined with the rest of the administration’s full-spectrum legal assault on renewable energy.
Grassley said that new guidance is expected within two weeks, and that “until I can be certain that such rules and regulations adhere to the law and congressional intent, I intend to continue to object to the consideration of these Treasury nominees.”Grassley has a long history with production tax credits for wind energy, playing a pivotal role in their extension in 2015. “As the father of the first wind energy tax credit in 1992, I can say that the tax credit was never meant to be permanent,” Grassley said at the time. “The five-year extension for wind energy brings about the best possible long-term outcome that provides certainty, predictability and a responsible phase-down of a tax incentive for a renewable energy source.”
Almost 60% of Iowa’s electricity is generated by wind turbines, the highest proportion of any state, according to Energy Information Administration data.
Utah Senator John Curtis has joined Grassley in placing a hold on nominees, delaying their vote before the whole Senate, according to Politico’s Joshua Siegel. Grassley and Curtis, alongside Lisa Murkowski of Alaska and Thom Tillis of North Carolina, were unable to get a meeting with the Treasury Department to discuss the guidance, Siegel reported.