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FERC & DOE Incentives for Renewables
- 1. DOE and FERC Renewable Initiatives Renewable Energy in New England Law Seminars International June 25, 2009 Elaine M. Walsh Kirkland & Ellis LLP 655 15th Street, NW Washington, DC 20005 +1 (202) 879-5044 [email_address]
- 5. Source: AWEA
- 7. Wind Installed Capacity (MW) by ISO-NE State Source: AWEA, as of 3/2009
- 8. ISO-NE: Renewable Generation Year-to-Date through February 2009. (Thousand Megawatt-Hours) Source: EIA - Electric Power Monthly released May 15, 2009.
- 11. Solar Installed Capacity (MW) by State Source: SEIA
- 13. Source: U.S. Geological Survey Source: U.S. Geological Survey
- 14. Geothermal Installed Capacity (MW) by State Source: Geothermal Energy Association
- 48. Chicago Kirkland & Ellis LLP 200 East Randolph Drive Chicago, IL 60601-6636 +1 (312) 861-2000 +1 (312) 861-2200 fax London Kirkland & Ellis International LLP 30 St Mary Axe London EC3A 8AF +44 20 7469 2000 +44 20 7469 2001 fax Los Angeles Kirkland & Ellis LLP 777 South Figueroa Street Los Angeles, CA 90017-5800 +1 (213) 680-8400 +1 (213) 680-8500 fax San Francisco Kirkland & Ellis LLP 555 California Street San Francisco, CA 94104 +1 (415) 439-1400 +1 (415) 439-1500 fax Palo Alto Kirkland & Ellis LLP 950 Page Mill Road Palo Alto, CA 94304 +1 (650) 859-7000 +1 (650) 859-7500 fax Mailing Address: P.O. Box 51827 Palo Alto, CA 94303 Munich Kirkland & Ellis International LLP Maximilianstrasse 11 80539 Munich +49 89 2030 6000 +49 89 2030 6100 fax Washington, D.C. Kirkland & Ellis LLP 655 Fifteenth Street, N.W. Washington, D.C. 20005-5793 +1 (202) 879-5000 +1 (202) 879-5200 fax Hong Kong Kirkland & Ellis International LLP 26th Floor, Gloucester Tower The Landmark 15 Queen's Road Central Hong Kong +852 3761 3300 +852 3761 3301 fax New York Kirkland & Ellis LLP 601 Lexington Avenue New York, NY 10022 +1 (212) 446-4800 +1 (212) 446-4900 fax
Hinweis der Redaktion
- see recent FERC MOUs with Washington and Oregon
- According to NOAA, more than half of the population lives within 50 miles of US coastline
- BLM is siting Concentrated Solar Power. Bottom line: there is a huge backlog at BLM due to lack the resources/experience with rapid siting and is challenged by their obligations under the endangered species act. Because CSP uses large amounts of water to cool the equipment, and there is limited water in the best solar areas, it endangers plants and animals. WSJ article re Devil Hole pupfish.
- Source: Geothermal Energy Association; US Geological Survey Geothermal Fact Sheet 2008
- Source: Energy Information Administration - Renewables & Alternative Fuels Although dispatchable and readily available, biomass fuels create emissions and the low energy density means it is generally not cost effective to transport except very short distances. Several states discount or exclude biomass from RPS.
- Climate bills propose federal standard of 20% by 2020 for House and 15% by 2021 for Senate. Can comply with payment - $25/MWh in House $21/MWh in Senate bill. Senate has broader FM provisions for retail suppliers. Refer back to low participation rates on slide 7.
- Note: the original DOE loan program was started in 2005. The first loan was actually disbursed in February 2009 to Solyndra, a solar manufacturer. The old DOE program used solicitations. Secretary Chu has stated that this ARRA loan program will use a rolling application process in lieu of the solicitation process.
- In Piedmont, FERC authority only when state is unable to act, fails to act timely, or imposes “project-killing” conditions. On June 12, Chairman Wellinghoff testified before Congress that even jurisdiction over tx siting for renewables would be helpful, after states have had an opportunity to address. No project has sought FERC tx siting approval under this law - SCE request for Devers-Palo Verde 2 tx line withdrawn.
- Glebe Mountain (VT), GenPower biomass (NH), Black Nubble (ME) dead
- (i) an analysis of potential sources of renewable energy that are unable to access markets because of a lack of adequate transmission capacity, (ii) an analysis of the reasons for failure to develop adequate transmission capacity, (iii) recommendations for achieving adequate transmission capacity, and (iv) analysis of the effect of legal challenges on delaying construction necessary to access renewables references: ARRA 409 (Renewable Electricity Transmission Study) $3.25 billion in borrowing authority for Bonneville Power Administration to finance the construction, acquisition, and replacement of BPA’s transmission system $3.25 billion in borrowing authority for the Western Area Power Administration for (i) constructing, planning, operating, and maintaining new or upgraded transmission lines with at least one terminus in WAPA’s service area and (ii) delivery or to facilitate delivery of power from new renewables. Loan guarantees ARRA 406 Section
- Order 679 issued July 2006. Codified at 18 C.F.R. § 35.35. Green Power Express (ER09-14-002) April 16, 2009. Expected to move up to 12,000MW. PSE&G Suquehanna Line: The PPL Electric Utilities Corporation and Public Service Electric and Gas Company project, designated the Susquehanna Line, will span 130 miles across northeastern Pennsylvania to northern New Jersey. The PJM Interconnection LLC, the regional transmission operator for the Mid-Atlantic region, called this project a "baseline project" in its 2007 Regional Transmission Expansion Plan. FERC approved a 1.25 percent ROE adder, a reduction from the 1.50 percent that was requested; a one-half percent adder to each utility's base ROE for continued membership in PJM; a 100 percent recovery of prudently incurred expenses for CWIP to be included in rate base; abandonment incentives; and authority to transfer certain incentives to as-yet unidentified affiliates. Includes: a) 1.25 % adder for the utility’s base return on equity. b) ◦ A one-half % adder to each utility’s base return on equity for continued membership in PJM Interconnection. (FERC: EL08-23-000. April 17, 2008) PacifiCorp - Energy Gateway Transmission Expansion Project (involves eight segments covering portions of Nevada, Idaho, Oregon, Utah, Washington and Wyoming and is planned to go on-line between 2010 and 2014). FERC: Approved 2% ROE adder (sponsor requested 2.5%) for all segments except Washington, due to failure to provide sufficient evidence to meet statutory requirements for that one segment. Base ROE to be determined, as stated in order, in future 205 rate filing. (FERC: EL08-75-000 , October 16, 2008) FERC CAISO Order: (Docket: EL07-33-000 ) "Under the LCRI policy, each location-constrained generator pays for its share of transmission facilities on a simple per-MW basis. The cost of transmission capacity not initially subscribed by generators is recovered in general transmission rates until additional new generators come online and pay for that capacity. In order for a transmission project to be eligible for LCRI treatment, FERC-approved thresholds of generator commitment must be demonstrated. The CPUC actively participated in the process that developed this policy, and fully supported the CAISO’s proposal at the FERC."
- As noted in Commr. Kelly’s Mar. 3, 2009 testimony to Congress, FERC has limited authority to enforce smart grid standards. Mainly over public utility rates and reliability. Can provide rate incentives and cost recovery. Stranded costs minimized by open operability standards and upgradeable technology.
- Study has various assumptions from “business as usual” (currently 37 GW, mainly large C&I) to “full participation” (188 GW) which assumes advanced metering infrastructure (AMI) installed everywhere. Study shows large participation in CT, mainly thru ISO-NE FCM market. Regional differences for DR potential in cost-effectiveness b/c of A/C saturation, amount of residential and large C&I load, regional price elasticity (Western US more responsive to price).