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Warren Buffet, the chairman of Berkshire Hathaway and investing folk hero, has long had a rule for picking which companies to invest in.
“The most important thing [is] trying to find a business with a wide and long-lasting moat around it … protecting a terrific economic castle with an honest lord in charge of the castle,” he told a CNBC crowd in 1995. He has embellished the metaphor over the years — in some versions, sharks populate the moat — but the idea is the same. Seek out companies with a natural competitive advantage, even an inherent monopoly, and prosperity will follow.
For decades, investor-owned gas and electricity utilities have struck Buffett as businesses with a good moat. Over the years, Buffett has bought up a handful of utilities, including MidAmerican Energy Company in the Great Plains, NV Energy in Nevada, and PacifiCorp in the Mountain West and Pacific Northwest. Their climate record is mixed: The Berkshire utilities generate more power from renewables than the national average, but still operate several coal plants in Utah and Wyoming. Berkshire Hathaway says its utilities and pipeline companies serve about 12 million end customers in North America and the United Kingdom.
But Buffett’s faith in for-profit utilities as a sound and stable business is failing. In his latest letter to investors — an annual tradition known for its plain writing and folksy anecdotes — Buffett says that the future of for-profit utilities looks more ominous. Climate change and what he sees as higher regulatory standards are making it harder for utilities to make money, he says.
He’s speaking in part from personal experience. Last year, an Oregon jury found PacifiCorp liable for negligence that resulted in the start of four wildfires during Labor Day weekend in 2020. A series of “mini-trials” have since awarded at least $175 million to the fires’ victims, with more trials yet to come. These results didn’t take Berkshire Energy into the red — Berkshire’s utility businesses earned $2.3 billion last year — but it did result in much worse financial performance than 2022.
In his letter, Buffett says that “most” of the company’s utility businesses have done as expected. But he adds:
[T]he regulatory climate in a few states has raised the specter of zero profitability or even bankruptcy (an actual outcome at California’s largest utility and a current threat in Hawaii). In such jurisdictions, it is difficult to project both earnings and asset values in what was once regarded as among the most stable industries in America.
For more than a century, electric utilities raised huge sums to finance their growth through a state-by-state promise of a fixed return on equity (sometimes with a small bonus for superior performance). With this approach, massive investments were made for capacity that would likely be required a few years down the road. That forward-looking regulation reflected the reality that utilities build generating and transmission assets that often take many years to construct. BHE’s extensive multi-state transmission project in the West was initiated in 2006 and remains some years from completion. Eventually, it will serve 10 states comprising 30% of the acreage in the continental United States.
With this model employed by both private and public-power systems, the lights stayed on, even if population growth or industrial demand exceeded expectations. The “margin of safety” approach seemed sensible to regulators, investors and the public. Now, the fixed-but-satisfactory return pact has been broken in a few states, and investors are becoming apprehensive that such ruptures may spread. Climate change adds to their worries. Underground transmission may be required but who, a few decades ago, wanted to pay the staggering costs for such construction?
At Berkshire, we have made a best estimate for the amount of losses that have occurred. These costs arose from forest fires, whose frequency and intensity have increased – and will likely continue to increase – if convective storms become more frequent.
He later continues:
Whatever the case at Berkshire, the final result for the utility industry may be ominous: Certain utilities might no longer attract the savings of American citizens and will be forced to adopt the public-power model. Nebraska made this choice in the 1930s and there are many public-power operations throughout the country. Eventually, voters, taxpayers and users will decide which model they prefer. When the dust settles, America’s power needs and the consequent capital expenditure will be staggering. I did not anticipate or even consider the adverse developments in regulatory returns and, along with Berkshire’s two partners at BHE, I made a costly mistake in not doing so.
As has been noted elsewhere, Buffett is criticizing government regulation in this letter. But even if he has reached his conclusion spitefully, it is not necessarily wrong. In the coming years, America’s utilities will have to overhaul their infrastructure to decarbonize their power plants while also girding themselves against climate change’s effects. Both projects are expensive.
For years, most public officials have more or less assumed that the for-profit model is the best way to ensure such maintenance and upgrading get done in a timely and efficient fashion. But that may no longer be feasible or desirable.
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The Trump administration just did something surprising: It paved the way for a transmission line to a solar energy project.
On Friday, the Bureau of Land Management approved the Gen-Tie transmission line and associated facilities for the Sapphire Solar project, a solar farm sited on private lands in Riverside County, California, that will provide an estimated 117 megawatts to the Southern California Public Power Authority.
It is the first sign so far that some renewable energy requiring federal lands may be allowed to develop during the next four years, and is an about-face from the first weeks of Trump’s presidency.
BLM notably said the solar project’s transmission line will help “Unleash American Energy” (the bureau’s capitalization, not mine). And it said the move “aligns with” Trump’s executive order declaring a national energy emergency — which discussed only fossil fuels, nuclear, and hydropower — because it was “supporting the integrity of the electric grid while creating jobs and economic prosperity for Americans.”
“The Bureau of Land Management supports American Energy Dominance that prioritizes needs of American families and businesses,” BLM California State Director Joe Stout said in a statement provided via press release.
Another executive order Trump issued on his first day back in office paused solar and wind project permitting for at least 60 days, leading to a halt on government activities required to construct and operate renewable energy projects. It’s unclear whether these actions to move Sapphire’s transmission line through agency review means the federal permitting pipes are finally unstuck for the solar industry, or if this is an exception to the rule — especially because the pause Trump ordered has yet to hit the expiration date he set on the calendar.
For those keeping score, that’s three more than wanted to preserve them last year.
Those who drew hope from the letter 18 House Republicans sent to Speaker Mike Johnson last August calling for the preservation of energy tax credits under the Inflation Reduction Act must be jubilant this morning. On Sunday, 21 House Republicans sent a similar letter to House Ways and Means Chairman Jason Smith. Those with sharp eyes will have noticed: That’s three more people than signed the letter last time, indicating that this is a coalition with teeth.
As Heatmap reported in the aftermath of November’s election, four of the original signatories were out of a job as of January, meaning that the new letter features a total of seven new recruits. So who are they?
The new letter is different from the old one in a few key ways. First, it mentions neither the Inflation Reduction Act nor its slightly older cousin, the Infrastructure Investment and Jobs Act, by name. Instead, it emphasizes “the importance of prioritizing energy affordability for American families and keeping on our current path to energy dominance amid efforts to repeal or reform current energy tax credits.” The letter also advocates for an “all-of-the-above” approach to energy development that has long been popular among conservatives but has seemed to fall out of vogue under Trump 2.0.
Lastly, while the new letter repeats the previous version’s emphasis on policy stability for businesses, it adds a new plea on behalf of ratepayers. “As our conference works to make energy prices more affordable, tax reforms that would raise energy costs for hard working Americans would be contrary to this goal,” it reads. “Further, affordable and abundant energy will be critical as the President works to onshore domestic manufacturing, supply chains, and good paying jobs, particularly in Republican run states due to their business-friendly environments. Pro-energy growth policies will directly support these objectives.”
As my colleagues Robinson Meyer and Emily Pontecorvo have written, tariffs on Canadian fuel would raise energy prices in markets across the U.S. That includes some particularly swingy states, e.g. Michigan, which perhaps explains Rep. James’ seeming about-face.
Republicans’ House majority currently stands at all of four votes, so although 21 members might not be huge on the scale of the full House, they still represent a significant problem for Speaker Johnson.
Editor’s note: This story has been updated to reflect the fact that Rep. James did not unseat Democrat Carl Marlinga in 2022 as the district had been newly created following the 2020 census.
Three companies are joining forces to add at least a gigawatt of new generation by 2029. The question is whether they can actually do it.
Two of the biggest electricity markets in the country — the 13-state PJM Interconnection, which spans the Mid-Atlantic and the Midwest, and ERCOT, which covers nearly all of Texas — want more natural gas. Both are projecting immense increases in electricity demand thanks to data centers and electrification. And both have had bouts of market weirdness and dysfunction, with ERCOT experiencing spiky prices and even blackouts during extreme weather and PJM making enormous payouts largely to gas and coal operators to lock in their “capacity,” i.e. their ability to provide power when most needed.
Now a trio of companies, including the independent power producer NRG, the turbine manufacturer GE Vernova, and a subsidiary of the construction firm Kiewit Corporation, are teaming up with a plan to bring gas-powered plants to PJM and ERCOT, the companies announced today.
The three companies said that the new joint venture “will work to advance four projects totaling over 5 gigawatts” of natural gas combined cycle plants to the two power markets, with over a gigawatt coming by 2029. The companies said that they could eventually build 10 to 15 gigawatts “and expand to other areas across the U.S.”
So far, PJM and Texas’ call for new gas has been more widely heard than answered. The power producer Calpine said last year that it would look into developing more gas in PJM, but actual investment announcements have been scarce, although at least one gas plant scheduled to close has said it would stay open.
So far, across the country, planned new additions to the grid are still overwhelmingly solar and battery storage, according to the Energy Information Administration, whose data shows some 63 gigawatts of planned capacity scheduled to be added this year, with more than half being solar and over 80% being storage.
Texas established a fund in 2023 to provide low-cost loans to new gas plants, but has had trouble finding viable projects. Engie pulled an 885 megawatt project from the program earlier this week, citing “equipment procurement constraints” and delays.
But PJM is working actively with a friendly administration in Washington to bring more natural gas to its grid. The Federal Energy Regulatory Commission recently blessed a PJM plan to accelerate interconnection approvals for large generators — largely natural gas — so that it can bring them online more quickly.
But many developers and large power consumers are less than optimistic about the ability to bring new natural gas onto the grid at a pace that will keep up with demand growth, and are instead looking at “behind-the-meter” approaches to meet rising energy needs, especially from data centers. The asset manager Fortress said earlier this year that it had acquired 850 megawatts of generation capacity from APR Energy and formed a new company, fittingly named New APR Energy, which said this week that it was “deploying four mobile gas turbines providing 100MW+ of dedicated behind-the-meter power to a major U.S.-based AI hyperscaler.”
And all gas developers, whether they’re building on the grid or behind-the-meter, have to get their hands on turbines, which are in short supply. The NRG consortium called this out specifically, noting that it had secured the rights to two 7HA gas turbines by 2029. These kinds of announcements of agreements for specific turbines have become standard for companies showing their seriousness about gas development. When Chevron announced a joint venture with GE Vernova for co-located gas plants for data centers, it also noted that it had a reservation agreement for seven 7HA turbines. But until these turbines are made and installed, these announcements may all just be spin.