NY Steps Back from OSW, Halts Offshore Tx Planning Process

New York is pausing its ambitions and halting the planning of an underwater transmission network as President Donald Trump strangles the offshore wind sector. 

It is the latest of several states and developers to step back from such efforts since fall 2024. 

New York’s most recent solicitation for wind turbines remains in play, but it is behind schedule, and the finances of the proposals submitted in 2024 might be altered by the recent loss of tax credits. 

And of course, any of the proposals that rely on the planned underwater grid will need a different strategy. 

The New York Public Service Commission on July 17 shut down the process to build an underwater transmission network to bring electricity to shore from the hundreds of wind turbines the state hopes to see spinning off its coastline. 

With the Trump administration actively thwarting offshore wind development, the goal of 9 GW of offshore wind capacity by 2035 is out of reach, the PSC said. 

It became necessary to stop the planning of a transmission network to serve wind turbines that will not soon be built, lest New York ratepayers be liable for unknown and potentially large expenses. 

Unlike wind turbine developers, who begin to collect their ratepayer-funded subsidies only when their project enters commercial operation, the transmission developer would be eligible for cost recovery immediately — even if the wind turbines the wires were to connect to were delayed or never built, even if the wires themselves never were built, only planned. 

PSC Chair Rory Christian lamented the pause being placed on the state’s offshore wind program, which has been in the works for more than a decade. He blamed the Trump administration’s “deliberate and systematic action” to block offshore wind in New York and in other states. 

“We at the commission cannot in good conscience ask New York ratepayers to shoulder the cost and risk of a project where we know we’ll be stymied going forward,” he said. 

The early projects — South Fork Wind, Empire Wind 1 and Sunrise Wind — rely on radial lines, each sending their own export cable ashore in different locations. There is limited space for routing and landing such cables in the crowded downstate region, however, so the strategizing turned to a meshed design where multiple wind projects would use a single export line built through a separate transmission project. 

The now-withdrawn Public Policy Transmission Need (PPTN) was formally identified by the Department of Public Service in June 2023 (22-E-0633). It called for NYISO to solicit and evaluate proposals for a transmission project that could deliver 4.8 to 8 GW from multiple wind farms to NYISO Zone J (New York City). 

At the time, it seemed like New York had a good chance of achieving its 9-GW goal. But since then, little in the offshore wind sector has proceeded as state planners had hoped. 

Developers canceled contracts that no longer were viable and rebid them at much higher prices. An entire solicitation had to be canceled due to the specified turbine not being available. Proposals were withdrawn ahead of the 2024 presidential election and paused afterward. Trump’s Day One directive froze some development in U.S. waters outright and cast paralyzing uncertainty over other efforts. A federal stop-work order was slapped on Empire Wind 1 for a time. 

Most recently, the budget reconciliation bill throws future projects’ finances into turmoil by eliminating tax credits and introducing new challenges with foreign components. 

Against this backdrop, NYISO issued the PPTN solicitation in April 2024. NYISO reported in October 2024 that all 28 proposals received from four developers were eligible for evaluation. 

On June 25, NYISO presented an analysis to stakeholders showing that preliminary independent estimates of the cost of those projects ranged from $7.9 billion to $23.9 billion. 

NYISO was on track to potentially select a project later in 2025 under terms of the PPTN, which would result in costs beginning to accrue for ratepayers. 

DPS staff looked for ways to pause, modify or break the PPTN down into phases but found none. They recommended the PSC withdraw the PPTN. 

The commissioners voted 6-0 for this move July 17, and each expressed worry, frustration or even anger beforehand. 

“We live at a moment when a philosophical battle is going on between those vying to wield the levers of governmental power at all levels. The battle is not between right and left, but between empiricism and magical thinking,” Commissioner John Maggiore said, adding: 

“But we should not respond with our own form of magical thinking — sustaining a zombie process that could result in transmission lines to nowhere will not help us achieve our 9 GW legal mandate. It will just end up costing already-stressed ratepayers more money for which they will get nothing in return.” 

Christian said the state remains convinced of the importance and value of offshore wind but must defer it to a future where federal policy is more supportive. 

Offshore wind has been a centerpiece of New York’s decarbonization strategy, but it is only one piece, he said: “In the meantime, we have to focus our attention on building the clean energy infrastructure we can, to advance to completion while remaining focused on progress toward meeting the state’s goals.” 

The New York State Energy Research and Development Authority, a lead agency in the energy transition and manager of the offshore wind solicitations, said later July 17 that it will use this pause to refine its efforts to support the industry in New York State and engage with stakeholders and the supply chain. 

It also said it’s continuing to process its fifth wind solicitation, which attracted four developers in 2024 and is lagging behind the expected timeline for completion. 

Many stakeholders and interested parties who submitted comments to the DPS about the PPTN earlier in 2025 had urged that the PSC not give up on it. 

Some expressed regret that it did. 

“Now is not the time for us to hold back the potential contribution of any energy source,” Turn Forward Executive Director Hillary Bright said. 

The New York League of Conservation Voters said it was deeply disappointed. “While the federal government continues to undermine progress on clean energy, New York should be doubling down on our commitment to become energy independent, not stalling it.” 

The Alliance for Clean Energy New York and its New York Offshore Wind Alliance said: “Offshore wind projects can take more than a decade to develop, spanning far beyond state and federal election cycles. We encourage New York State to continue developing infrastructure in the near-term that will enable new generation to come online, addressing reliability and affordability for New Yorkers.” 

Christian acknowledged these sentiments before the vote but said ignoring the Trump administration’s hostility to offshore wind would be “incredibly risky” for ratepayers: “Offshore wind is unique in that the federal government has a direct permitting and financial role, and the federal government has repeatedly and deliberately withdrawn its support.” 

SPP Adds OG&E’s Shuart to External Affairs Leadership

SPP has bolstered its external affairs group in the face of massive industry changes by plucking Emily Shuart from Oklahoma Gas & Electric, where she compiled more than 20 years of experience in federal and state regulatory and legislative affairs, energy policy and stakeholder relations.

Shuart will take over as the RTO’s senior director of external affairs and stakeholder relations, effective Sept. 2. She is expected to work closely with Mike Ross, senior vice president of external affairs, in leading SPP’s engagement with government officials, legislators, industry organizations and stakeholders.

“Emily brings an outstanding track record of leadership in energy policy and stakeholder engagement,” Chief Strategy Officer Kevin Bryant said in a July 17 press release. “Her expertise will be instrumental in helping SPP foster productive dialogue with our partners and communicate the value we bring to the region.”

Carrie Dixon | SPP

Shuart, who will report directly to Bryant, most recently served as director of federal, RTO and environmental affairs for OG&E and represented the company on SPP’s Members Committee. She holds a bachelor’s degree from Baylor University and a law degree from the University of Oklahoma.

The grid operator also promoted Carrie Dixon as technical director, market policy and operations. She will help align the coordination and development of market policies with SPP’s goals, tariff and other governing documents amid the evolving national regulatory and industry landscape. The move is effective Aug. 4.

Dixon joined SPP in 2024 and currently serves as market policy principal in support of Markets+. She has more than 15 years of electric utility experience, holding leadership positions at NextEra Energy and Xcel Energy. She represented both companies in various SPP stakeholder groups.

CAISO Suggests CPUC Consider New Procurement Order for 2028

CAISO is asking the California Public Utilities Commission to consider issuing a new procurement order to meet the state’s electricity reliability needs from 2028 to 2032, citing significant forecasted load growth in those years. 

New resources could be needed over the period in addition to existing procurement orders and load-serving entity resources, CAISO said in its filing

The California Energy Commission’s most recent demand forecast shows more load growth in those years than prior forecasts, CAISO said. CPUC’s existing procurement orders provide resource requirements up to 2028. 

Without explicit new procurement orders, LSEs might not schedule new development projects with sufficient lead time, risking capacity shortfalls when options to cure shortfalls may be limited, CAISO said.  

“This outcome not only creates reliability concerns but could also result in a tight resource adequacy market and high RA prices in nearer-term years where new development is not an option,” CAISO said. 

CAISO asked CPUC to conduct a near-term needs assessment for 2028-2032, which could lead to a new procurement order issued as soon as the end of 2025, and develop a comprehensive Reliable and Clean Power Procurement Program (RCPPP) framework over a longer period. 

CPUC’s RCPPP proposal, published in April 2025, will develop long-term procurement requirements to allow LSEs to plan and implement their procurement of reliable and clean electric resources, the proposal says. CAISO supports the RCPPP goal to shift procurement away from emergency-based or “just in time” orders to more proactive procurement approaches, the ISO said in its filing. 

CAISO is concerned about relying on the state’s RA program to meet demand from 2028-2032. In previous CPUC decisions, the agency set planning reserve margin (PRM) levels and thus RA requirements below levels needed to meet a 0.1 loss-of-load expectation (LOLE) because of the risk of project delays and tight supply conditions, CAISO said in the filing. 

Concerns about tight supply conditions persist, so CPUC should seek to minimize risks of supply shortfalls that result in the CPUC setting binding RA requirements below levels needed to meet a 0.1 LOLE reliability target, CAISO said. 

CAISO’s Cluster 14 interconnection queue contains significant potential new capacity, which could come online between 2028 and 2032 if CPUC determines new resources are needed, the ISO said. Many of these projects do not currently have power purchase agreements. 

In 2021, Cluster 14 had 373 interconnection requests for a total of about 150,000 MW of proposed generating capacity, CAISO said in a 2021 staff proposal. In total, CAISO’s generator interconnection queue contains 246,000 MW of potential generating capacity. 

CAISO’s 2024 peak demand was 48,323 MW. Even with robust procurement in the future, the potential generation available in the region exceeds demand by a significant margin, CAISO said in the proposal. 

IESO Planners Using ‘Adaptive Pathways’ to Address Load Growth Uncertainty

IESO planners are using “adaptive pathways” to account for uncertainty over future load growth, the ISO told stakeholders. 

“It’s not let’s wait and see what happens and then … react to that, and … if there’s a data center that pops up here, let’s completely build the system around that,” IESO planner Nikola Dimiskovski said in a July 16 webinar on planning for Greater Toronto Area (GTA) East.  

“Adaptive planning is identifying in this region, what is the next logical step for expansion? What do we want the system to look like overall? … [We] develop a couple of different pathways for that, and then through iterative processes … every year, we can kind of revisit the plan in terms of where are we on this timeline.” 

The ISO predicts electric demand in GTA East will increase by 98% in summer and 126% in winter by 2044 from electrification and growth in residential, commercial and industrial loads. That’s above the projection for all of Ontario, which is expected to see a 75% increase in demand by 2050. 

The GTA East Integrated Regional Resource Plan (IRRP) is one of 11 regional plans IESO is developing, along with its Central and South Bulk Study, to deliver the increased power through wires and non-wires solutions. The infrastructure needed to address local electric system needs is planned by local distribution companies, which are the main sources for the province’s demand forecasts.  

Status of regional planning projects | IESO

IESO is considering several options for new transmission in GTA East, including an underwater cable, two overland options using existing corridors, and an underground line crossing the city, said Bev Nollert, director of transmission planning. 

Three Scenarios

The GTA East plan will consider three scenarios, including a reference case based on current trends and policies in electrification of transportation, space heating, industry and other areas, along with high- and low-demand scenarios bracketing the reference case.  

IESO’s recommendations will be driven mostly by the reference demand forecast, with the low and high forecasts used to “test the robustness of the plan, identify signposts to monitor forecast changes and contemplate additional actions required if lower or higher demand growth materializes,” the ISO said. 

IESO planner Nikola Dimiskovski | IESO

Under adaptive pathways, planners calculate how much increased load would trigger the need for a new transmission line, Dimiskovski said. “Or instead of a new line … what would be the equivalent to a new line? That might be something like a 300-hectare wind farm with battery storage. So those are your two pathways. You can either build the solar panels and the wind and all those things, or you can build the lines. And then, of course, you can do kind of a hybrid of those two.” 

The result will be a “subway-style” map listing “no regret” investments, he said. 

“You might think 2034 is really, really far away. But if this current system cannot meet that load [in] 2034, that means we have to start building a transmission line about seven to eight years before that,” he said. “Two years from now, we have to start building something if we think the load is going to come.” 

Uncertainty

Unlike other parts of Ontario, which are starting to shift to winter-peaking regions due to electric heating, GTA is projected to remain summer peaking, Dimiskovski said, adding, “I don’t think we’ve 100% captured a full electrification of electric heating.” 

Dimiskovski mentioned uncertainty over load growth increases in the second half of IESO’s 20-year projections. “In the first five to 10 years, we have a pretty good amount of certainty for what’s going to come onto the system. So that’s things like customer connections, large projects that you can see, community development plans, things like that. But then beyond the 10 years, governments change, new technologies come up, electrification is going to intensify.” 

Demand growth is predicted to become increasingly steep beyond the first 10 years. “Electrification is going to really start to manifest there,” Dimiskovski said. “Whether it’s 2044 or 2034 or 2064 or whatever it might be, eventually, it seems like the trend is that the lowest-hanging fruit of what can be electrified will be electrified.” 

Dimiskovski said he is more confident in projections for GTA than for Ottawa, where “we’re seeing tripling or quadrupling of the load — so 3,000 additional megawatts.” 

What’s Next

Written feedback on the GTA webinar should be emailed to engagement@ieso.ca by Aug. 6. 

The ISO will share needs and “screened-in options” in the fourth quarter, with an analysis of the options in Q2 2026 and completion of the IRRP set for Q4 2026. 

Incumbent transmission companies will lead development of wired solutions. “For non-wire solutions, implementation mechanisms for new resources and energy efficiency programs will be determined following plan publication,” the ISO said.  

Industry Experts Find Faults in DOE’s Resource Adequacy Analysis

With over a week to digest it, grid planning experts in interviews said the U.S. Department of Energy’s recent report on grid reliability overestimates demand growth and underestimates likely supply additions with the goal of preventing power plant retirements. (See DOE Reliability Report Argues Changes Required to Avoid Outages Past 2030.)

The report includes 50 GW of data centers, which likely exceeds the supply of chips that would be needed to build them, Grid Strategies Vice President Michael Goggin said. (See Doubt Cast from Different Angle on Data Center Load Demand.)

“They also assume 51 GW of non-data center load growth, and that’s pretty high, much higher than other projections that are out there, and particularly after the recent bill gutted incentives for electrification as well as for cleantech manufacturing in this country,” Goggin said.

A DOE spokesperson said its load growth assumptions are based on NERC’s Interregional Transfer Capability Study, with the addition of 50 GW of data center load picked as a midpoint from 2024 studies by the Electric Power Research Institute and the Lawrence Berkeley National Laboratory.

“Using a single planning midpoint addresses concerns of double counting and enables consistent load allocation across national transmission and resource adequacy models,” the spokesperson said.

The report’s prediction of 104 GW in generator retirements comes from NERC’s Long-Term Reliability Assessment released in December and the Energy Information Administration’s Annual Energy Outlook earlier this year. Both assumed that EPA regulations such as the greenhouse gas rules under Clean Air Act Section 111(d), which the Trump administration is actively working to overturn, will stay in place, Goggin said.

It also assumes additions of 20 GW of natural gas, 31 GW of four-hour batteries, 124 GW of new solar and 32 GW of new wind. It based them on NERC’s projections of “Tier 1” assets — those in development most likely to be completed. But Goggin and others said more capacity than that will be built by 2030.

“It also doesn’t appear to account for the contributions of renewables to providing output during peak demand periods,” Goggin said. “Wind and solar — solar more in the summer, wind more in the winter — provide dependable capacity value, just like other resources.”

Overall, it seems like the report assumes that markets and states’ integrated resource plans are not going to respond to load growth in the next five years beyond what is already in place, GridLab Executive Director Ric O’Connell said.

“It assumes NERC Tier 1 capacity additions, which is basically, as the report says, projects built in 2025 that are going to come online in the next two years,” O’Connell said. “And, so, it essentially assumes that nothing’s going to get built in 2027, 2028, 2029 and 2030, which is just not realistic.”

A DOE spokesperson said the report’s use of Tier 1 generation additions was grounded in reliability planning principles.

“DOE aimed to model a conservative yet realistic baseline. This approach is consistent with how NERC and planning authorities assess near-term reliability risks,” they said. “While we recognize that many additional resources are advancing through utility IRPs and interconnection queues, we also note that there is considerable risk and supply chain delays when it comes to dispatchable generation with lead times in many cases as far out as 2030.”

Even before the report came out, it was clear the administration was focused on keeping old fossil fuel power plants online.

“They’re retiring for a reason,” O’Connell said. “They’re uneconomic. They’re old. And instead of thinking about building new, they’re thinking that the only way to save the grid is to keep old stuff online. And I just think that’s not really what most utilities and markets are thinking about.”

PJM, MISO and SPP all have enacted rule changes to speed up new capacity additions, while utilities outside of the markets are actively addressing load growth through state regulations, he added.

“I think that’s one of the things the report also misses … [the] self-correcting, inherent nature of both power markets as well as the regulatory constructs … around resource adequacy,” Goggin said.

Higher prices from narrowing reserve margins are helping to bring new resources online and keep existing power plants that would have otherwise retired, he added. Vertically integrated utilities have their own mechanism addressing the same issue with state oversight and IRPs.

“State commissioners are certainly aware of the load growth and are making plans accordingly,” Goggin said.

O’Connell said that ultimately, the answer to DOE’s concerns is to get new resources online.

“We’ve got terawatts of capacity sitting in interconnection queues that haven’t been coming online,” he said. “Let’s get that capacity online. Let’s focus on streamlining the interconnection process, building new transmission, getting permitting reform right — clear the roadblocks for getting new capacity online. I feel like that the administration’s answer — ‘Let’s just keep these 60-year-old plants online’ — is just not the right answer.”

What Will DOE Do with its Report?

“It was fairly underwhelming,” Advanced Energy United’s Mike Haugh said. “It didn’t give any recommendations. It felt like the whole idea of this is a setup to basically issue more of the [Federal Power Act Section] 202(c) emergency filings.”

DOE recently used its power under the section to order the Campbell coal plant in Michigan and the Eddystone plant in Pennsylvania, which can burn natural gas or oil, to remain online. The Campbell order is being appealed. (See Order to Keep Campbell Plant Running Challenged at DOE and FERC.)

The report includes different scenarios, but the one with the highest reliability has no power plants closing for the next five years, which is why Haugh thinks DOE could use it to issue more such orders. That could happen with the Campbell and Eddystone plants because 202(c) orders are limited to 90 days.

Demand growth is contributing to tighter reserve margins around the country, which in organized markets are leading to higher prices that send the signal that more power plants are needed, but it is running into the fact that new plants take time to build.

“There’s a little bit of a lag,” Haugh said. “But it should incentivize some of these units to stay open a little bit longer. The problem is, some of these are so inefficient and they’re getting the capacity prices. … They’re not actually running the plant very often.”

So, while the natural market reaction will be to keep some power plants running longer than they otherwise would, others are too old and inefficient to bring in enough energy market revenue to stay open, and it will make economic sense to shut them down even with higher prices, he added.

The solution to the issue is clearing out the interconnection queues, Haugh said, which FERC and the industry already were working on before the new wave of demand growth came to dominate planning efforts. But that still can take up to five years, which is a snag in the process.

“You have projects that are ready to put steel on the ground,” Haugh said. “And you can get these combined advanced resources that can be built a lot faster than a gas plant.”

The industry already has regulatory mechanisms in place that have been working, and continue to work, to reliably meet the growing levels of demand, said Ari Peskoe, director of Harvard Law School’s Electricity Law Initiative.

“DOE has never played this role before, and it doesn’t need to try to play this role now, as sort of a master centralized planner,” Peskoe said. “It was sort of ironic from an apolitical faction that has historically kind of respected states’ rights on some of these issues.”

Peskoe noted that the report has a major disclaimer under the “Acknowledgements” section saying its analysis “could benefit greatly from the in-depth engineering assessments which occur at the regional and utility level,” where grid planners have access to better data.

DOE’s spokesperson explained that point further, saying: “The intent of the report is to complement, not override, the more granular, region-specific planning processes that incorporate a broader range of resources.”

“The bottom line is that the DOE team that wrote this paper acknowledges that its usefulness is very limited, and it should not supplant what happens at the regional level,” Peskoe said. “Because the utilities, RTOs, states and other entities involved in those decisions have better, more detailed information. So, I think that’s the most important takeaway from this paper.”

DOE’s main tool for addressing resource adequacy is Section 202(c), but its impact is limited to just 90 days and specific plants. The department also could try to get FERC to make some rule changes to stem retirements as it did in President Donald Trump’s first term, but that is just speculation, Peskoe said. And its main ability is to analyze the issues, which contributes to understanding the problem and developing solutions.

“If you look at the Biden administration, there was a lot of focus on transmission, and DOE put out a few reports about the country’s transmission needs, but they put those reports out after years of work, detailed consultation with industry and affected parties, and they were carefully done reports, whether you agree with them or not,” Peskoe said. “This was done in 90 days.”

Americans for a Clean Energy Grid Director Christina Hayes praised DOE for taking on the issue of load growth, which has dominated industry discussions for the past 18 months in part because of the uncertainty about how much of potential data center load will materialize.

“Generally, the way that this paper looks at the big challenges ahead of us is positive,” Hayes said. “What concerns me is that it tends to look backwards to the solutions. So, it’s thinking about it in terms of plants that are on the system, rather than how to plan going forward.”

That new planning will involve new generation coming onto the system, but it also will require more transmission to move power around a bigger power system. Winning the “AI race” is a bipartisan goal, and Hayes noted the U.S.’ competitors are investing in their grids.

“I think there was a statistic to something like in 2022, China invested $168 billion in their grid,” Hayes said. “The United States invested $22 billion in its transmission system. So, just on an apples-to-apples investment in the wires needed to support all of this new load and all of the new generation, we are far behind.”

Infrastructure investment is starting to ramp up, Congress could take another crack at permitting legislation in Trump’s term after the Manchin-Barrasso bill failed to advance last year, and some of the regions are moving forward with more transmission investment.

“We’re seeing it on the ground, with 765-kV lines being proposed in Texas to support the oil and gas industry and their needs for power,” Hayes said. “SPP, PJM and MISO are all looking at 765-kV lines to help support their greater electrification needs as well. So, we’re seeing the region start to move on it, not because it’s a partisan idea, but because it’s a good idea.”

Lines at 765 kV have rarely been used in the U.S., but they can help move more power and can avoid building out multiple lines at lower voltages. Another option for getting more electrons around is to use advanced conductors at lower voltages, Hayes said.

LaCerte Nominated to Complete Phillips’ Term at FERC

The White House has nominated David LaCerte to be a FERC commissioner for the remainder of the term expiring June 30, 2026. The position became open when Willie Phillips resigned April 22.

LaCerte is the principal White House liaison and a senior adviser to the director of the Office of Personnel Management. Before joining the Trump administration, he was an attorney at Baker Botts. He was among hundreds of contributors to the Heritage Foundation’s Project 2025, a road map for advancing conservative principles.

LaCerte served in the Marine Corps and is a graduate of Nicholls State University and Louisiana State University’s Paul M. Hebert Law Center. He fought criticism of his time at the Louisiana Department of Veterans Affairs, which was marred by controversy. He also served with the U.S. Chemical Safety and Hazard Investigation Board.

According to his LinkedIn profile, LaCerte doesn’t have the typical energy regulatory background of most FERC nominees. But in his last two years at Baker Botts, he specialized in “Energy Litigation/Environmental, Safety, Incident Response (ESIR).” (See his full resume.)

In June, the White House nominated Laura Swett to replace Chair Mark Christie, whose term is expiring. (See Trump Replacing FERC Chair Christie with Laura Swett.) If the nominations of Swett and LaCerte are confirmed by the Senate, FERC would have a Republican majority of commissioners.

Politico first reported LaCerte’s pending nomination July 15. Reaction was swift to the official nomination July 17.

Advanced Energy United issued the following statement from Managing Director Caitlin Marquis:

“As LaCerte goes through the confirmation process, we hope senators focus on the importance of competition, innovation and regulatory certainty when making their decision. Maintaining FERC’s mission of ensuring a reliable, safe, secure and economically efficient energy system requires an independent body able to set appropriate regulatory market rules that promote confidence in the system and investment from energy resource providers.”

Americans for a Clean Energy Grid Executive Director Christina Hayes congratulated LaCerte on the nomination. “As a bipartisan coalition of transmission policy advocates, we look forward to engaging with LaCerte as he approaches important issues before the commission related to transmission’s role in the American energy dominance agenda through a reliable, affordable and resilient energy grid.”

The White House also nominated Arthur Graham, a commissioner on the Florida Public Service Commission, to be on the Board of Directors of the Tennessee Valley Authority for the remainder of the term expiring May 18, 2026. Graham is a member of the National Association of Regulatory Utility Commissioners (NARUC) and served on the Jacksonville City Council.

Calif. Lawmakers Seek More Accountability from CPUC

A California State Senate committee has advanced a bill aimed at increasing transparency and accountability of the state’s Public Utilities Commission (CPUC), as consumers grow increasingly irate over utility rate hikes.

Assembly Bill 13, introduced by Assemblymember Rhodesia Ransom (D), passed the Senate Energy, Utilities and Communications Committee on July 15 on a 16-0 vote, with one abstention. The bill now heads to the Senate Appropriations Committee.

And with a July 18 deadline looming for legislative policy committees to move bills, the committee considered a number of additional bills. Those included Assembly Bill 1408, which aims to make better use of surplus interconnection service, the unused portion of interconnection capacity at a power generator’s point of interconnection.

Geographic Diversity

AB 13 asks the governor and Senate to consider geographic diversity when selecting members of the California Public Utilities Commission. Currently, all five commissioners are from Northern California, in Pacific Gas and Electric territory, Ransom said.

The bill would require the CPUC to submit a report to the legislature within 15 days of issuing a decision in a ratemaking case, summarizing evidence used to support any rate increases and detailing the commission’s rationale for its decision.

“We are often blindsided and confused about some of these rate-setting cases,” Ransom told the committee. “And we want to have an ample opportunity to respond.”

Under AB 13, the CPUC president would be required to discuss rate affordability and recent rate-making cases during annual appearances before legislative committees, which already are mandated.

And the CPUC would be required to include in its annual report to the legislature the number of cases in which it failed to issue a decision within the statutory deadline. The provision could apply pressure to resolve rate cases faster instead of allowing them to drag on for years, according to San Diego Gas & Electric, which supports the bill.

“There’s no question in my mind that the PUC needs a little change in direction,” said Sen. Jerry McNerney (D), who serves on the committee.

McNerney said he’d like to see more Central Valley representation on the CPUC as well as other state commissions. He’d also like the CPUC president to appear before lawmakers more than once a year.

District Representation?

An earlier version of AB 13 would have required four of the five commissioners to represent different zones within the state, based on the four State Board of Equalization districts. The fifth commissioner would be an at-large consumer advocate.

But instead of a requirement for geographic representation, a committee amendment asks the governor and Senate to consider geographic diversity when selecting commissioners.

In 2022, lawmakers passed a similar bill, AB 1960, which said the governor and Senate “should consider” regional diversity in choosing commissioners.

But Gov. Gavin Newsom vetoed it, calling it “unnecessary.”

“There are other factors that must also be considered in making CPUC commissioner appointments, such as professional experience, knowledge and subject matter expertise, as well as diversity,” Newsom said in his veto message.

“Further, I am already deeply committed to boards and commissions that represent California’s diversity, including regional representation.”

Surplus Interconnection Service

AB 1408 by Assemblymember Jacqui Irwin (D) pertains to surplus interconnection service.

The unused interconnection capacity creates an opportunity to add renewable energy resources or battery storage at or near fossil plants, proponents said. It also may encourage the use of federal clean energy tax credits that will expire soon.

Irwin cited as an example the Ormond Beach generating station in Oxnard, which has a “huge” transmission infrastructure but is used only as a backup power source.

“That’s an example of an incredible opportunity to place renewable energy close by,” she said.

AB 1408 would require CAISO to consider surplus interconnection service in its long-term transmission planning. It also would require utilities to evaluate and consider surplus interconnection options in their integrated resource plans.

The committee’s final vote on the bill was 16-0, with one abstention.

The legislature begins its summer recess July 19, returning on Aug. 18. The last day for each house to pass bills is Sept. 12.

Georgia Power to Add at Least 6 GW of Generation

Georgia Power will add at least 6 GW of new generation capacity by 2031 under the integrated resource plan approved July 15.

The IRP reflects heavy anticipated increases in demand. The utility had projected up to 8.2 GW of load growth when it submitted the plan to the Georgia Public Service Commission in January. (See Georgia Power Proposes Nuclear Uprate, Delay in Fossil Retirement.)

The final IRP approved by the PSC (56002) directs the 6-GW increase to meet that need and allows a maximum 8.5 GW, if the additional need can be proven.

The IRP also includes:

    • a $161 million budget for demand-side energy efficiency programs to help ease the strain on the grid;
    • a 10-year transmission plan to include upgrades across more than 1,000 miles of lines;
    • nuclear plant uprates;
    • modernization of the hydropower fleet;
    • upgrades and operating extensions for existing coal and natural gas power plants; and
    • a formal process to evaluate new grid-enhancing technologies, both to increase grid capacity and to better integrate solar and storage resources.

The PSC vote to approve the IRP was unanimous. Opinions about the details of the IRP were not.

Environmental advocates and clean energy supporters are unhappy about Georgia Power increasing its reliance on natural gas and coal through upgrades and retirement delays for existing plants.

The Southern Alliance for Clean Energy called the IRP “dangerously short-sighted,” locking Georgia into a future use of coal and gas that will further burden ratepayers to the benefit of Big Tech — whose data center predictions are speculative and have “significant potential for overestimation of both energy and peak load.”

“The strides made in solar, storage, and customer programs for clean energy are sadly blunted by the continued investment in fossil fuel infrastructure in the approved IRP,” the alliance said. “On top of that, the fact that Georgia Power is authorized to seek certification for up to 8,500 MW of resource capacity after the IRP means there’s potential for even more spending on brand-new gas plants on the horizon.”

The Clean Energy Buyers Association was more complimentary toward the IRP, thanks to the inclusion of a new subscription option allowing commercial and industrial customers to work with developers to bring clean-energy projects into Georgia Power’s system. The association and the utility collaborated for more than a year on the measure.

“This is a meaningful step forward in helping customers match their growing energy needs with clean, customer-funded energy resources,” the association said.

Renewables are part of the IRP, just not as large a part as some would like.

Georgia Power plans to procure up to 4 GW of renewable resources by 2035, the first 1.1 GW through its competitive Utility Scale and Distributed Generation procurements, and it plans to raise its battery energy storage target above the current 1.5 GW.

The 4 GW of new capacity would bring the utility’s renewable portfolio to about 11 GW.

In a July 15 news release, Georgia Power said its projection of load growth by 2030 now is 8.5 GW, compared with a January projection of 8.2 GW and a 2023 projection of 5.9 GW.

In its own news release, the PSC noted the internal disagreements over load growth that led to the 6-GW/8.5-GW stipulation: “Georgia Power and the PSC’s Public Interest Advocacy Staff disagreed over the amount of new energy large-load customers were expected to consume over the next several years — although both sides did agree it would be significant.”

PSC Chair Jason Shaw said: “As data center construction continues in Georgia, this IRP puts us in a safe and secure spot to meet that energy need. This long-term plan continues to strike a balance between reliability and affordability.”

Commissioner Tim Echols said: “With unprecedented grid growth ahead for Georgia, this integrated resource plan puts us on the right path to meet everyone’s needs. I wish it had more solar, more storage, more energy efficiency — but it strikes a good compromise in the spirit of collaboration.”

In the IRP, Georgia Power said components of its generation mix for retail needs in 2024 included natural gas (40%), nuclear (29%), coal (16%), solar (6%), hydro (2%) and wind (1%).

FERC Proposes to Eliminate Western ‘Soft’ Price Cap

FERC is moving to rescind the West-wide wholesale electricity price cap mechanism it instituted in 2002 in response to widespread price manipulation during the Western energy crisis of 2000/01, which resulted in rolling blackouts in California and famously led to prison sentences for leaders at energy trading company Enron. 

The commission on July 14 opened a Section 206 proceeding to examine discontinuing its policy of maintaining a “soft” price cap for short-term electricity sales in the West to prevent the exercise of market power in areas outside CAISO (EL10-56).  

Under the policy, any electricity sales exceeding the cap — currently set at $1,000/MWh — are subject to cost justification and refund upon review by FERC.  

(While the policy is referred to as the “WECC soft price cap,” WECC is not involved with it or any regional market operations.) 

“We preliminarily conclude that the requirement is no longer necessary to ensure just and reasonable rates and propose to eliminate it,” the commission wrote in the order establishing the proceeding. 

The proceeding comes a year after the D.C. Circuit Court of Appeals ruled the commission must apply the Mobile-Sierra doctrine when reconsidering a series of 2022 orders requiring electricity sellers to refund a portion of the high prices they earned during an August 2020 heat wave. (See FERC Must Apply Mobile-Sierra to Western Soft Cap Refunds, Court Finds.) 

That case dealt with the surging prices associated with tight electricity supplies stemming from soaring temperatures over Aug. 18-19, 2020, as CAISO scrambled to prevent a repeat of the rolling blackouts it was forced to order Aug. 14-15 — the first such blackouts in California in 20 years. 

During the heat wave, wholesale prices at Arizona’s Palo Verde hub on the Intercontinental Exchange (ICE) hit records of $1,515/MWh on Aug. 18 and $1,750 on Aug. 19, compared with average prices that summer of $52/MWh, according to filings Southern California Edison and Pacific Gas and Electric submitted with FERC to contest the prices. 

In 2022, FERC issued a series of decisions rejecting the justifications of sellers who sold electricity at those price levels during the event, having found that the ICE index prices reflected scarcity conditions and that the selling companies had failed to justify their premiums based on costs, as required under the soft cap framework. 

The commission also rejected the sellers’ contention that it must apply the Mobile-Sierra standard to the transactions because the contracts had been freely negotiated between the buyers and sellers and had not harmed the public interest. 

The commission held that it had the authority to enforce the soft cap through refunds without conducting a Mobile-Sierra public-interest analysis because the soft cap was part of the sellers’ filed rate — a finding the D.C. Circuit rejected when it said FERC was required to conduct such an analysis before ordering refunds. 

“Even assuming that the soft-cap order was incorporated into sellers’ tariffs and contracts, the commission did not displace the Mobile-Sierra presumption in the soft-cap order itself, and so that presumption continues to apply to the sellers’ contracts,” the court found.  

‘Substantially Different’ Market Landscape

In the July 14 order instituting the soft cap proceeding, the commission recounted the D.C. Circuit’s findings and noted that, while FERC has over time revised the soft offer cap to reflect increases in CAISO’s caps, it has never reassessed whether the framework is necessary to ensure just and reasonable rates in the West. 

The commission wrote that the region’s wholesale market landscape in 2025 is “substantially different than in 2002,” when it created the soft cap.  

“At that time, the commission sought to address the widespread effects of the Western energy crisis and establish robust, stable and competitive bulk power markets across CAISO and WECC outside of CAISO’s footprint,” it wrote. “As part of that effort, the commission recognized the interdependency of the CAISO and WECC markets and adopted the soft price cap outside of CAISO while the commission, CAISO, market participants and stakeholders pursued holistic reforms to CAISO’s organized wholesale markets.” 

Regional market changes since then “call into question the need for” the soft cap, FERC said. 

“In addition to the continued development and refinement of the CAISO market, the West now features widespread adoption of centralized real-time energy imbalance markets,” the commission wrote, referring to CAISO’s Western Energy Imbalance Market (WEIM) and SPP’s Western Energy Imbalance Service (WEIS). 

The commission also noted it has approved tariffs for two day-ahead markets expected to go live in the next two years — CAISO’s Extended Day-Ahead Market (EDAM) and SPP’s Markets+ — as well as authorizing expansion of the SPP RTO footprint into the Western Interconnection. 

“Notably, these real-time and day-ahead markets encompass transactions over the majority of the same spot markets to which the WECC soft price cap applies. These markets also include robust market monitoring and mitigation that addresses the potential exercise of market power in those constructs,” FERC said, adding that market monitoring and mitigation in the more centralized markets “also has a disciplining effect on associated bilateral markets.” 

“Given these developments, we preliminarily conclude that the WECC soft price cap is no longer needed to discipline WECC spot market sales activity,” the commission said. 

The commission also pointed out that the Energy Policy Act of 2005 has given it “more robust legal authority and monitoring capabilities to address wholesale market misconduct” and greater authority to pursue allegations of price manipulation in its jurisdictional markets than it had when it established the soft cap in 2002. 

Furthermore, the commission said it “preliminarily” concluded that the “filing burden” associated with the soft price cap “is no longer warranted, given the limited monitoring benefits that it provides.” It said the requirement “imposes costs on market participants and the commission and creates uncertainty for individual transactions while those filings are pending review at the commission.”   

“Given the developments noted above, and the D.C. Circuit’s clarification of how the currently effective soft cap operates, we question the benefit of requiring individual sellers to submit an informational filing for spot market transactions above the $1,000/MWh threshold simply to facilitate the commission’s review of those sales through the Mobile-Sierra framework,” FERC wrote. 

Calif. Pathways Bill Delayed After Orgs Withdraw Support, While Newsom Signals Backing for Effort

The author behind the bill that would allow CAISO to relinquish market governance to an independent “regional organization” (RO) delayed a hearing scheduled for July 16 after several organizations withdrew support for the proposed legislation.

SB 540, which passed in the California State Senate in June, was set for a first hearing in the State Assembly’s Utilities and Energy Committee but was delayed until after the Legislature’s summer break at the request of the bill’s author, Sen. Josh Becker (D). (See ‘Pathways’ Bill Passes California Senate on 36-0 Vote.)

Meantime, Gov. Gavin Newsom and Assembly Speaker Robert Rivas on July 16 both signaled their support for efforts to expand California’s involvement in regional electricity markets, although spokespersons for each pointed out they were not necessarily backing SB 540.

SB 540 is part of the West-Wide Governance Pathways Initiative, an effort to create an independent RO to govern CAISO’s Western Energy Imbalance Market and the soon-to-be-launched Extended Day-Ahead Market (EDAM). The effort aims to assuage concerns that the ISO — whose Board of Governors are appointed by California’s governor — would act solely in the state’s interest.

“The hearing was delayed with the support of the Senate and Assembly in order to have more time to iron out some details with the bill,” Becker’s press secretary, Charles Lawlor, told RTO Insider. “There is a huge, diverse coalition behind this bill. Conversations are active and ongoing. Our collective work is going to continue over the summer, and our goal is to move the legislation when we’re back in August or September.”

The move comes after 21 organizations, including the Environmental Defense Fund, PacifiCorp, Advanced Energy United, Amazon and Portland General Electric, changed their position to “oppose unless amended” on SB 540.

In a July 11 letter, the coalition said it opposed an amendment creating a new Regional Energy Market Oversight Council responsible for ensuring CAISO’s participation in the regional energy market “serves the interests of the state.” (See Amended ‘Pathways’ Bill Boosts — and Complicates — Calif. Protections.) The new council would be authorized to mandate withdrawal if those interests are compromised.

The coalition requested lawmakers remove the amendment, stating “the language in this section mandates the withdrawal of California entities from the market without exception or discretion, which is unacceptable.”

“Market rules should be established based on facts, evidence and reliable data rather than fear,” it wrote. “Even if withdrawal from the market were to be a prudent action, the mandated 120-day time frame is far too short and exposes California customers to serious reliability concerns, especially during periods of peak demand. Lastly, this language inadvertently asserts new [California Public Utilities Commission] jurisdiction over the state’s publicly owned utilities, which is inappropriate and must be removed.”

The coalition also argued lawmakers should remove revisions to California’s Renewables Portfolio Standard Program and restrictions on a future market. It noted that some entities in Colorado, New Mexico and Idaho are at a crossroads on whether to join EDAM or SPP’s Markets+.

“A smaller market for California means less cost savings, a less reliable grid and more climate-harming emissions,” the coalition wrote.

Leah Rubin Shen, managing director at Advanced Energy United, commended the legislature for delaying the hearing to “ensure a productive path forward that preserves the widely supported core purpose of the bill: to facilitate California’s participation in an expanded Western electricity market that provides robust state policy and consumer protections.”

“The stakes are too high for California to walk away, especially as trading partners across the West weigh their options,” Rubin Shen said. “Our shared vision remains clear: A strong regional electricity market that includes California will benefit the entire West by lowering costs, increasing reliability and delivering clean energy across the region. With continued commitment to passing a workable bill this year, we can achieve this goal.”

Meanwhile, The Utility Reform Network (TURN) has changed its opposition to neutral after the bill was amended to address the organization’s concerns that handing over governance to an RO could lead to increased federal intervention and undermine the state’s clean energy goals. (See California Lawmakers Seek to Trump-proof Pathways Initiative Bill.)

“We need a very enhanced level of protection and guarantees that this entire experiment is voluntary and that the state of California has … full control over whether we would continue to participate over time,” Matthew Freedman, staff attorney at TURN, said in an interview.

“We’re mindful of the [Trump] administration’s threat to force utilities throughout the West to subsidize legacy coal-fired generation that might be at risk of retirement, either under Section 202 of the Federal Power Act, or sent through some other mechanism that they invent,” Freedman added. “We want to make sure that this regional market is not weaponized against California.”

But Katelyn Roedner Sutter, California state director at the Environmental Defense Fund, said in an interview that fears the federal government will get involved are overblown, and that the bill makes clear California’s existing climate or clean electricity policy will not change.

“None of this … is going to impact our renewable portfolio standard. And the same is true for other states. Other states get to uphold their existing policy as well,” Roedner Sutter said.

“Where the real concern seems to come from is our relationship with FERC,” Roedner Sutter noted. “And I think what people who raise that are not understanding is that CAISO [tariff revisions] … already have to go before FERC. That is the case right now; … that relationship does not change in any way with this bill or with California entities being part of a regional electricity market. So, nothing is actually changing about our relationship with FERC.”

In separate statements released July 16, Gov. Newsom and Speaker Rivas both pointed to California’s “opportunity” to improve electric reliability and affordability through increased regional coordination.

“We have the opportunity to expand regional power markets that help drive down energy costs and increase grid reliability — or we can turn our backs on this proven model and opt for higher costs and power outages,” Newsom said. “The answer is clear: California must further enable continued cooperation with Western partners to secure our clean, reliable and affordable energy future. This is our best shot at lowering energy costs. Now the legislature must take action this year and deliver for the people of California.”

“There is an urgent opportunity now — this year — to lower energy costs for California families and businesses, and we can help achieve this by expanding regional collaboration,” Rivas said. “California must continue to lead and step up, or others will. We need to continue to facilitate cooperation with our Western neighbors through a voluntary, regional power market, because that is our best path toward driving-down costs and delivering a sustainable, reliable, affordable energy future for Californians. Let’s get this done now.”

Robert Mullin contributed to this article.