December 3, 2024

Federal Briefs

Commerce Department Announces New Solar Tariffs on Southeast Asia

The Commerce Department last week announced a new round of solar tariffs on Southeast Asian producers. 

The new duties extend the United States’ anti-dumping regime in Southeast Asia to solar cells, from just finished modules previously. The determination is the second in a trade case brought by a group of companies, including South Korea’s Hanwha Qcells and First Solar, accusing Chinese companies of unfairly selling below-cost solar components into the U.S. 

The department’s final order will be released on April 18. 

More: Reuters 

DOE to Deploy AI on Grid Backlog

The Department of Energy’s Grid Deployment Office has opened an initial funding opportunity for up to $30 million to accelerate the interconnection process for new energy generation through the introduction of artificial intelligence techniques. 

Projects will apply AI algorithms to parse interconnection applications, more quickly identify deficient applications and rapidly notify project developers, the DOE said. AI software trained on a library of accurate documentation and application materials can review interconnection applications for the required documentation and flag any errors. An estimated 90% of interconnection applications are deficient, and the work required to correct those errors causes major delays. 

Nearly 2,600 GW of active projects were in U.S. grid interconnection queues at the end of 2023, up 27% from the end of 2022, according to a Lawrence Berkeley National Lab report. 

More: Axios 

US Utility-scale Solar to Add Record 32 GW in 2024

The U.S. is expected to install over 32 GW of utility-scale solar in 2024, marking another record year after 2023, according to the American Clean Power Association’s inaugural Solar Market Monitor report. 

The report projects a dip in 2025, with a 16% drop in installations compared to 2024. 

More: Renewables Now 

BLM Reserves Public Land for Utah Solar Project

The Department of Interior last week announced the Bureau of Land Management has temporarily reserved 5,159 acres of public land for the 600-MW Star Range solar project in Utah’s Beaver County. 

The land will be withdrawn from the public land laws for two years, including location under the Mining Law. During this period, BLM said it will review potential environmental impacts of the proposed project. 

More: Renewables Now 

State Briefs

CALIFORNIA 

PG&E Says it May Have Started Sites Fire

PG&E told the Public Utilities Commission that its equipment may have ignited the Sites Fire in Colusa County that burned more than 19,000 acres in June. 

In a filing, PG&E said its system experienced an outage around 1:26 p.m. June 17 near where the fire started. Cal Fire said the blaze began around 19 minutes later. A worker sent to the scene found part of a tree had fallen on what was then a de-energized power line. 

The fire burned for more than a week and was the state’s ninth-largest wildfire this year. 

More: KQED 

MAINE 

AG Sues Oil Giants over Climate Change

Attorney General Aaron Frey last week announced a lawsuit against major oil companies Exxon, Shell, Chevron, BP and Sunoco, and lobbying group American Petroleum Institute, alleging they knowingly concealed the role of fossil fuels in climate change for decades. 

The state said it is seeking a jury trial and damages compensating the state for both future mitigation efforts and the costs of earlier impacts. 

Maine is the ninth state to sue to hold oil companies responsible for the effects of climate change, none of which have gone to trial. 

More: The Hill; The New York Times 

SOUTH DAKOTA

Pennington County Enacts 1-year Moratorium on Solar, Wind

The Pennington County Commission voted 4-0 to place a one-year moratorium on all conditional use permits for “utility-scale alternative energy.” 

More than 450 citizens petitioned for the moratorium after the county’s planning commission issued conditional use permits on Oct. 28 for the Cheyenne River Ranch Wind and Solar Farm. 

The moratorium will go into effect Dec. 12 and will expire Dec. 12, 2025, unless it is extended. 

More: Rapid City Journal 

TENNESSEE 

Chattanooga’s EPB to Buy 33 MW of Solar Power

Chattanooga’s electric utility, EPB, will purchase up to 33 MW of solar power from a Nashville-based supplier starting in 2028. 

EPB CEO David Wade said the utility reached a 30-year agreement with Silicon Ranch to buy power at a price lower than the Tennessee Valley Authority’s average wholesale rate, resulting in yearly savings of $1.6 million once the solar installation is complete. 

Silicon Ranch plans to begin construction in 2027 and have the facility operational by the middle of 2028. 

More: Chattanooga Times Free Press 

VIRGINIA 

Assembly Proposes Board to Advise Localities on Large Solar Projects

The General Assembly’s Commission on Electric Utility Regulation recently proposed the creation of a new state-level board to advise local governments on large solar projects. 

Under the draft plan, the Solar Energy and Energy Storage Siting Advisory Board would offer its opinion to any local government evaluating a solar project that is more than 20 MW and considered of statewide significance. If a local government rejects a proposal, the developer could appeal to the State Corporation Commission or perhaps a circuit court. And if the state falls behind on meeting its goals for adding new renewable energy, the state could eventually turn the board’s opinions into binding approvals. 

The Legislature will continue to discuss the proposal. 

More: Cardinal News; Richmond Times-Dispatch  

Company Briefs

TotalEnergies SE to Halt OSW Farm in Mid-Atlantic

TotalEnergies SE, a Paris-based oil and gas conglomerate, last week said it is halting its plan to build an offshore wind farm near the New York-New Jersey coastline following President-elect Donald Trump’s victory. 

TotalEnergies CEO Patrick Pouyanne said the company plans to revisit the project in four years when political winds in the U.S. could shift once again. 

Total’s subsidiary, Attentive Energy, was one of six companies that committed a total of $4.37 billion in 2022 to build offshore wind farms in New York Bight. The project is still in the early stages, as the companies recently obtained leasing rights from the Bureau of Ocean Energy Management. 

More: New York Post 

Blackstone Buys EQT Pipeline Stakes for $3.5B

Natural gas producer EQT said alternative asset manager Blackstone would buy minority stakes in some of its pipelines for $3.5 billion. 

The sale will help EQT reduce the debt it accumulated after its $14 billion purchase of pipeline operator Equitrans Midstream in July. 

The transaction is expected to close this quarter. 

More: Reuters 

$11B Transmission + Generation Plan Canceled in NY

An $11 billion package of transmission and renewable energy investments planned in New York has been canceled. 

The Clean Path New York (CPNY) renewable energy certificate (REC) contract with the state was terminated Nov. 27, and one of the partners in the venture said Dec. 2 the project itself has been abandoned. 

No reason was stated for the cancellation, but CPNY likely encountered the same delays and cost escalations that have bedeviled other energy projects in New York. 

CPNY was envisioned as a way to break the densely populated New York City region’s heavy reliance on aging fossil fuel power generation. 

It was to transmit 3.8 GW of power from 23 new solar and onshore wind projects in rural upstate New York south to the New York City area via a 175-mile underground HVDC line. 

Public- and private-sector officials announced in November 2021 that CPNY and the Champlain Hudson Power Express had been chosen for the new Tier 4 RECs designed to help decarbonize the downstate grid. 

After more than a decade in development, and with a sharply higher price tag, Champlain Hudson is under construction. (See Champlain Hudson Power Project Receives Landmark Delivery.) CPNY, which had expected to start construction in 2024 and enter service in 2027, had not yet been approved. 

CPNY was a public-private collaboration of the New York Power Authority (NYPA) and Forward Power, which is a joint venture of energyRe and Invenergy. 

New York State Energy Research and Development Authority (NYSERDA) notified the Department of Public Service on Nov. 27 that it and CPNY by mutual agreement had terminated the Tier 4 REC contract (Case 15-E-0302). 

The three-sentence notice provided no details, and neither did NYPA or Forward. 

NYPA Vice President of Corporate Communications Lindsay Kryzak said Dec. 2 via email: “The Clean Path project was a public-private collaboration in response to the Tier 4 RFP by NYSERDA. We worked alongside energyRE and Invenergy to continue moving Clean Path forward in the face of changing conditions related to the economics of the project. NYPA will continue to work on modernizing the grid and addressing New York State’s transmission needs to support its long-term goals.” 

Forward Power spokesperson Amy Varghese said via email: “energyRe and Invenergy remain committed to New York’s energy transition. As we continue to advance our portfolio of renewable energy projects across the state, we will evaluate solutions for addressing the largest transmission bottlenecks facing New York’s electric grid in order to deliver reliable and affordable power, good-paying jobs and clean air for the Empire State.” 

CPNY is the latest in a long series of casualties in New York’s legally mandated effort to green its grid. 

In June 2023, the developers of most of New York’s large-scale onshore and offshore renewable energy proposals sought to renegotiate their REC contracts because the cost of construction had soared after they locked in their compensation with the contracts. (See OSW Developers Seeking More Money from New York.) 

CPNY followed up with a petition for more money as well, arguing that it was facing the same economic pinch: 14 of the proposals that made up the generation side of the portfolio already held Tier 1 REC contracts, and the other nine were Tier 1-eligible. (See Clean Path NY Joins Calls for Inflation Adjustment.) 

The Public Service Commission rejected the developers’ request to renegotiate the contracts in October 2023 and CPNY subsequently withdrew its petition. (See NY Rejects Inflation Adjustment for Renewable Projects.)

Developers soon canceled the bulk of the REC contracts New York had signed. They were allowed to rebid their projects into subsequent solicitations, but the state’s portfolio of contracted renewables remains stunted a year later, and state officials expect to miss the 70% renewables by 2030 mandate, perhaps by a wide margin. (See NY Expects to Miss 2030 Renewable Energy Target.) 

Varghese did not provide a requested update on the status of the 23 generation proposals. 

They were not a batch of new proposals drawn up for CPNY. Rather, they were a collection of pre-existing proposals gathered into the CPNY portfolio. And cancellation of a REC contract does not mean cancellation of the project itself, though it almost certainly pushes back the timeline. 

Meanwhile, the complex Tier 4 mechanism itself is gradually taking shape. NYSERDA submitted an implementation plan Oct. 11, four years after Tier 4 was added to the state’s Clean Energy Standard. 

And a new state law gave NYPA a new role as a renewable energy developer in mid-2023, more than a year after its CPNY collaboration was chosen for a Tier 4 contract. 

NYPA is finalizing a strategic plan for 3.5 GW of wind, solar and storage capacity that it would develop on its own or in collaboration with the private sector. It has said the 40 proposals in the plan likely would suffer the same attrition rate as seen in the industry — 80 to 85% for early stage proposals and 30 to 60% for more mature projects. (See NYPA Enters Renewable Development with 3.5-GW Plan and NYPA Urged to Do More in New Renewables Role.) 

LBNL Report Quantifies Resilience Benefit of Distributed Storage Systems

Installing solar-and-storage systems at customer homes can improve grid resilience, according to a new study from Lawrence Berkeley National Laboratory, which found they cut loss of load by a mean of 96%.

The study crunched the numbers on the value of mitigating loss of load and regional differences in outages that last more than 24 hours from around the country. It calculated a benefit-to-cost ratio (BCR) using those data against the cost of solar-and-storage systems, which found the resilience benefits alone justify an average of 14% of the costs of storage.

The actual resilience benefit to adding storage to solar varies significantly around the U.S., ranging from zero to 58% of the costs. Roughly half of the 2,519 counties studied have a BCR under 0.1, and just 12% of counties have a ratio greater than 0.3, the study says.

Those benefits grow with the frequency of extreme weather events leading to significant outages, a higher value of lost load (VOLL) and in scenarios with lower costs of storage, whether from tax credits or cheaper technology.

“The results demonstrate that, in most counties, resilience benefits alone are insufficient to justify the economic addition of storage to existing PV systems,” the study says. “The coinciding occurrence of higher frequency of resilience events, higher VOLL and lower cost can substantially increase average BCR, but these conditions apply to a smaller set of customers.”

Customers get more than just resilience from solar-plus-storage systems, such as cutting utility bills and leveraging grid services, the paper notes.

VOLL can vary significantly among individual customers, with residents that have medical devices that need electricity, vulnerable household members or sensitive equipment placing a higher value on it than others. The paper accounts for those varying needs with a sensitivity analysis.

The findings indicate that solar plus storage can alleviate the impact of resilience events on customers, especially in areas with a high number of such events.

“In the future, we expect climate change to increase the frequency of extreme weather events and potentially the frequency of interruptions,” the paper says. “Increased electrification of end uses intuitively suggests that customers’ average VOLL will increase: Fulfilling any needs will require electricity, with few substitutes available.”

With the regional disparity of areas more prone to outages and relatively higher VOLLs seeing more benefits from solar plus storage, the paper says customers in those areas should have affordable options to mitigate those impacts.

Utilities can maximize the grid and customer benefits of distributed solar plus storage by offering more granular outage information: detailing specific locations, durations and customer impacts, and making anonymized data public. They can also improve the quantification of VOLL, with the paper suggesting that utilities at least break down the value by customer class and location.

“Hosting capacity analyses and publicly available maps allow developers to target specific areas of the distribution system with value-adding resources,” the report says. “A similar approach could be developed for resilience value, in which a utility would integrate its outage management system data and granular VOLL estimates to quantify areas of the grid in which storage may have a high resilience value.”

Stakeholders Skeptical of NYISO Performance Penalty Proposal

NYISO stakeholders Nov. 21 expressed skepticism of an ISO proposal to levy financial penalties against underperforming generators, saying it was not developed enough to be voted upon by the end of the year. 

While nonperforming generators must buy out the energy they did not provide in the real-time market based on its day-ahead operating reserves schedule, there is no penalty for nonperformance, NYISO said in presenting its proposed Operating Reserves Performance Penalty to the Installed Capacity Working Group meeting.  

Under the proposal, NYISO would use three metrics to identify consistently underperforming providers of operating reserves: 

    • resource response frequency during emergency conditions and audits;  
    • frequency of underperformance after being scheduled in the day-ahead market to provide operating reserves; and  
    • the real-time energy provided compared to the real-time energy requested, covering generators that are infrequently dispatched. 

“We heard feedback from a number of folks that poor performers should be removed from the market and that folks would like to see us put some additional provisions on how we will effectuate removal from the market for poor performers,” said Nathaniel Gilbraith, NYISO’s manager of energy market design. “What we wanted to do … is lay out some illustrative metrics here today to start the discussion.” 

While no one at the meeting was opposed to the idea of penalties, some said that because the thresholds for the metrics were not well defined, it was hard for them to evaluate if they were fair assessments of poor performance. 

“I think you would want to provide some criteria so that people could understand at what level someone would be disqualified,” said Howard Fromer, director of regulatory affairs for Bayonne Energy Center. “I understand you have the authority today to do it, but there needs to be some distinction.” 

The proposal will be discussed again Dec. 11, with a final draft for stakeholders to vote on before the end of the year, Gilbraith said. 

“I’m struggling to understand why we’re moving forward with a vote on this in December when there seems to be a lot of outstanding questions that may or may not be answered during the manual revision discussions. … It sounds like we’re going to be working on this project next year. What’s the rush?” asked Matthew Schwall, director of regulatory affairs at AlphaGen. “As things stand, I’m inclined to vote ‘no.’” 

Another stakeholder chimed in that they also thought the proposal was “under-baked” and that while they appreciated that NYISO was “under the gun” to get a vote in by the end of the year, it was hard to support a proposal that was not clearly laid out. 

NYISO Publishes Final RNA Showing Reliability Need for NYC

NYISO announced Nov. 21 that it has published the final, approved version of the 2024 Reliability Needs Assessment, which identifies a reliability need in New York City beginning in 2033. 

The declaration of a reliability need triggers a process in which NYISO solicits solutions, including transmission-based from the local transmission owners, and generation and demand response from market participants. 

The NYISO Board of Directors had approved the final draft several days earlier. (See NYISO Board Approves RNA, 2025 Budget.) The RNA’s assumptions changed throughout the stakeholder process. It initially identified a statewide need, but staff revised their concerns downward after they identified “flexible” loads in the cryptocurrency sector. (See NYISO: Large Load Flexibility Eliminates 2034 Shortfall Concern.) 

Zach Smith, senior vice president of system and resource planning, elaborated on this shift with Kevin Lanahan, vice president of external affairs and corporate communications, on the ISO’s “Power Trends” podcast. 

“We learned partway through this process more details, more operational characteristics of some of these facilities such that we were able to make what we believe is a reasonable assumption that some of these facilities will reduce their demand during these peak demand periods,” Smith said. 

“The statewide reliability need was avoided, but it’s looming, fair to say?” Lanahan prompted. “It still kind of looms in the future.” 

“It sure does. … On a statewide level, we determined that we do not officially have a reliability need on a statewide basis over the next 10 years. … That’s the good news,” Smith said. “However, in 2034, our calculations show that on a statewide basis … we have a surplus of only 50 MW. That’s very small on a system that’s over 30,000 MW of peak demand.” 

With such a small surplus, any small changes in the assumptions about what generation is coming online, and the way that industries draw power, could lead to an official declaration in the short term, Smith said. 

Load Forecasting Task Force Updates

The Load Forecasting Task Force presented preliminary updates to its 2024 weather-normalized peak load for the 2025 ICAP forecast at its meeting Nov. 22. These included both the preliminary weather-normalized peak loads for this year and updated growth factors for each transmission zone based on economic data from Moody’s Analytics. 

This year’s weather-normalized peak load was 31,292.7 MW, which will be factored into next year’s ICAP forecast. It occurred July 8 during the 5 to 6 p.m. hour.  

Max Schuler, a demand forecasting analyst for NYISO, went over the economic indicators for the transmission zones, showing that across the board, real income, GDP, number of households and employment were trending upward, but population was trending downward in each, except in the Orange & Rockland Utilities zone. 

“If households are increasing but population is going down, what does that mean?” asked Howard Fromer, director of regulatory affairs for Bayonne Energy Center. 

“These are all very slight changes for household and population,” Schuler said. “But it’s a continuing trend of fewer people per household … as younger people move out without their parents to start their own house.” 

New York State Reliability Council Installed Capacity Subcommittee

The New York State Reliability Council’s Installed Capacity Subcommittee reviewed and approved updates to the Tan45 Methodology Review Whitepaper and the Installed Capacity Requirement Study technical report. 

The ICAP study shows an increase in required capacity from last year, from 23.1 to 24.4%. Most of this increase was driven by the limit on Emergency Operating Procedure calls. The rest was driven by increases in renewables and Special Case Resources. 

The white paper investigated how the method the NYSRC uses to help set the installed reserve margin will function as new transmission projects come online to serve offshore wind resources. (See NYISO Studying How to Update IRM Calculation to Account for Offshore Wind.) 

It found that under cases in which there are 9,000 MW of new offshore wind resources, the complex method for setting the IRM — known as “Tan45” — is unable to establish an IRM. 

The NYSRC in 2025 will continue to investigate alternative methods, or improvements to the current method, to figure out how to calculate the IRM under evolving conditions. 

Both studies will be sent to the NYSRC Executive Committee for approval in December.  

MISO Records Comparatively Smaller Peak in October Operations

MISO experienced an 84-GW peak load during an unseasonably warm early October; still, the peak was no match for October 2023’s 99-GW peak.

Despite MISO registering a smaller year-over-year monthly peak, its average October 2024 load remained unchanged from last year at 69 GW, according to the RTO’s monthly operations report. Ahead of the fall, MISO predicted a 95-GW peak during the month.

The system appeared unaffected by an 872-MW capacity deficit for the fall season in Missouri’s Zone 5 due to the permanent closure of Ameren’s Rush Island coal plant Oct. 15. MISO wasn’t forced to issue an alert or warning throughout October. (See MISO Predicts Painless Fall Despite Missouri Capacity Shortfall.)

MISO averaged a $26/MWh real-time locational marginal price during October, less than October 2023’s $31/MWh and half of October 2022’s $52/MWh average. Average coal and gas prices stayed static year-over-year, at $2/MMBtu.

MISO said it fell short of its self-imposed standard on price divergence between its day-ahead and real-time markets over the month. System-wide, the average day-ahead price was $26.71/MWh while the average real-time price was $25.80/MWh.

The RTO usually tries to keep its absolute day-ahead to real-time price difference divided by a day-ahead locational marginal price at or below 22.2%. In October, MISO said the deviation reached 27%.

MISO said congestion and real-time ancillary service product scarcity worsened the divergence. It added that “ramp-up continues to be a challenge, particularly in the evening hours as generation is coming offline.”

The grid operator said day-ahead to real-time price deviation this year also has been poor enough to review in January, April, May, June and July, in addition to October.

For October, real-time congestion cost the footprint about $118 million, lower than October 2023’s $186 million.

Daily average generation outages for the typically maintenance-heavy October climbed to 61 GW this year, compared to 53 GW in October 2023.

As it’s been doing on a nearly monthly basis, MISO set an all-time peak solar supply record Oct. 16, when solar briefly served a little more than 8 GW, or 16% of load at the time. Solar contributions were significant enough to register on MISO’s total 49-TWh energy fuel mix for the month, where they supplied 2 TWh.

Environmental Nonprofits Argue MISO’s New Capacity Accreditation Missing Key Detail

Four environmental nonprofits insist MISO’s recently approved capacity accreditation is incomplete unless the RTO details how it will conduct its loss of load modeling the new approach relies upon. 

The Sierra Club, Natural Resources Defense Council, Sustainable FERC Project and Fresh Energy on Nov. 25 sought rehearing of MISO’s accreditation, saying FERC seemed to miss a key piece of the puzzle when it authorized MISO’s new capacity accreditation method without forcing the RTO to codify and then update its loss of load expectation modeling process in its tariff (ER24-1638). 

FERC in late October approved MISO’s capacity accreditation, which blends the historical performance of individual generators with a probabilistic performance during simulated loss-of-load events. (See FERC Approves New MISO Probabilistic Capacity Accreditation.) The RTO plans to draw on its loss of load expectation (LOLE) analysis to estimate the hours across a year that the system is likely to experience a deficit or dwindling margins and compare those to when its resource classes are expected to be available.  

The four nonprofits contend that FERC failed to appreciate how significant MISO’s LOLE modeling will be to the accreditation.  

“The key inputs and assumptions that MISO uses for the LOLE model have major effects on accreditation outcomes and rates. Neither the commission nor stakeholders can determine whether the RTO’s accreditation scheme will actually produce just and reasonable rates without reviewing those significant modeling choices,” the groups argued.  

They also said the consequences of not vetting LOLE modeling stand to be “severe,” with FERC potentially “abdicating” its responsibility to ensure reasonable rates and MISO wielding “unchecked discretion to alter … key components to change rate outcomes without commission scrutiny.” 

The groups disagreed with FERC that MISO including a description of its LOLE modeling process is merely an “implementation detail.” They said the RTO’s LOLE modeling process contains “several discretionary judgments” and could alter accreditation and significantly affect rates. 

For instance, MISO’s LOLE modeling at present includes a cold weather outage adder, they said, which attempts to capture thermal resources’ outage risks in winter and could dent those resources’ accreditation values. They also said it is working on a new LOLE model for its storage resources, and staff so far in public stakeholder meetings have presented modeling approaches that produce wildly different outcomes.  

The four further argued that the inputs and assumptions to MISO’s LOLE model “are not generally understood in any contractual arrangement such that recitation would be superfluous.” They pointed to the RTO’s existing reference to its LOLE modeling in its tariff and said that “barebones” description “implies nothing about how MISO generates probability distributions for variables such as demand, generator performance, storage availability or external import availability.” They also said MISO doesn’t specify how it assesses “potential load growth or expected changes in the installed resource mix prior to a given delivery year” to influence the modeling.  

“As a direct result of its accreditation choices, MISO has ensured that LOLE modeling choices are specifiable practices that significantly affect rates. Yet MISO’s tariff implies almost nothing about what discretionary modeling methods MISO will adopt within the very complex LOLE analytical space,” the groups summed up. “To facilitate just and reasonable rates, FERC should ensure that stakeholders have full visibility into MISO’s LOLE model as soon as possible so that they can work with MISO to refine the model toward optimized predictive power.”  

Pennsylvania PUC Examines PJM’s Tightening Reserve Margin

Pennsylvania is a net exporter of electricity, but the narrowing reserve margin in PJM led the state’s Public Utility Commission to hold an all-day technical conference Nov. 25 to discuss resource adequacy.

While this past summer’s capacity auction showed spiking prices amid rising demand and retiring power plants, PUC Vice Chair Kimberly Barrow said she started focusing more on resource adequacy during winter weather events like the polar vortex a decade ago and Winter Storm Elliott in December 2022. (See PJM Capacity Prices Spike 10-fold in 2025/26 Auction.)

“What I’m very worried about now is those challenges occurred at a time when we were not facing the kind of load growth that we’re facing right now,” Barrow said. “The load growth we’re facing is unprecedented, and I do not know if we are bringing resources on quick enough to face that load growth.”

Pennsylvania is a restructured state, so the PUC has limited authority over power generation, but it is still responsible for ensuring reliability and affordability on the distribution system, she added.

Demand growth, driven mostly by large data centers coming online, is working alongside retiring power plants and a slow pace of adding new supplies to cut into what for years was a healthy reserve margin, PJM Executive Vice President Stu Bresler said.

“PJM really started in an enviable position, from the standpoint of the reserves that we had available in the system than we do today, but these trends that we are seeing, obviously, are causing that to change and change significantly,” Bresler said. “Overall, we believe that the structure of our wholesale electricity markets remains sound. We believe that those markets will continue to stimulate resource development and resource additions.”

But there is going to be a transitional period with narrow reserve margins, as evidenced by the last capacity auction, he added. PJM’s adoption of effective load-carrying capability (ELCC) to measure resources’ capacity also contributed to the last auction’s outcome, but Bresler said that method should encourage the kind of firmer resources the grid needs going forward.

PJM Independent Market Monitor Joe Bowring said properly designed ELCC rules would help the region maintain reliability, but it and other rules should be changed.

“I don’t think the current design will get us there, but I think that we need to move forward and do a rethink of ELCC and make it more sophisticated at the point where it really will reflect supply and demand,” Bowring said.

ELCC has an “excessive” focus on natural gas plants’ performance during several historical hours in winters when PJM was still learning about gas notification periods, Bowring said. The rule understates the value of thermal resources, especially combined cycle natural gas plants and combustion turbines.

While Pennsylvania has restructured, that does not mean the industry relies entirely on PJM’s wholesale power markets for its revenue, said Travis Kavulla, NRG Energy vice president of regulatory affairs.

NRG owns generation and a competitive retail business that serves about 10% of the demand in the Eastern restructured markets, which means it must hedge the latter with bilateral contracts with generators, he said.

“NRG, when it signs up a retail customer, engages in a policy called back-to-back hedging. On Day 1 of our service under that contract, we estimate a customer’s load, make adjustments for extreme weather and then bilaterally buy energy supply that covers that estimated load on the part of the customer,” Kavulla said. “These bilateral contracts are a major source of revenue to our counterparties, the power plants of PJM.”

Sometimes those bilateral contracts can be more important to generators — though less visible to the public — than income from PJM’s markets, he added.

“These markets were designed with the idea that the bulk of trades would be bilateral transactions and self-supply,” Bresler said. “It was not intended that either suppliers would invest, or consumers would ride the spot market based on spot market prices. The fact of the matter is, though, these markets are unforgiving.”

PJM’s goal is not for prices to be high, but to signal the market that supply is needed, which will encourage suppliers and customers to enter into new long-term contracts, he added.

Kavulla said one thing the PUC could do under its authority would be to encourage longer-term contracts in the retail market. Even residential customers can get prices locked in for five years, at lower rates than default service.

One major recent example of those bilateral deals directly leading to new supply on the grid was the contract Constellation Energy struck with Microsoft to bring Three Mile Island’s recently retired reactor back to service to supply a new data center, said Adrien Ford, Constellation’s director of wholesale market development.

“It’s our partnership with Microsoft that’s bringing the Crane Clean Energy Center back online,” she said, referring to TMI’s new name, “not the PJM one-year print.”

Another way Constellation hedges its generation is by participating in the default service auctions that restructured states run, which secure supply for most small customers that do not shop for competitive supply, she said.

Policy Changes and the Supply Chain

With a new political party taking over the White House and EPA, some of the retirements that PJM has been forecasting could be significantly delayed, said Calpine’s Joe Kerecman.

EPA’s plans to regulate carbon dioxide will certainly change with the new administration, and other rules could also be tossed out, which will mean existing coal plants stay running longer.

That could help because Kerecman and other representatives of independent power producers noted that building new natural gas plants takes longer than it used to.

“I think you can get gas turbine deliveries by 2027 certainly. … You got to write some big checks, which differentiates a company like Calpine, because we have 27,000 MW,” Kerecman said. “We have well established relationships with [original equipment manufacturers] and EPC [engineering, procurement and construction] contractors as well.”

The domestic industry has to compete with growing demand for power plant equipment from the Middle East, along with generally stressed supply chains, he added.

If a developer sent the first milestone payments to an OEM now, they would not get delivery of equipment until mid- to late 2028, and then it would need to spend an additional 12 to 18 months actually building a power plant, Talen Energy Chief Development Officer Darren Olagues said.

“It’s obviously a global queue, but it’s one of the reasons we need to get this right now and inspire the confidence for developers to start to put down the milestone payments,” Olagues said. “You’re talking tens of millions of dollars per turbine.”

It’s also hard to plan for a power plant with continuous discussions about changing PJM’s capacity market, he added.

The industry’s bankers would “love a steadier signal,” LS Power Senior Vice President Marjorie Philips said.

“But I think there’s a couple of things to think about,” Philips said. “One is, the data centers are ignoring the capacity markets. They are paying astronomically more. There’s a reason why we are all looking to supply them. They value the electricity a lot more than we’re valuing it in the capacity market.”

The other factor is that constant regulatory interventions in the market do not help build investor confidence, she added.

“The commodity fluctuations are less troubling than the regulatory interventions,” Philips said. “But I think long term, if we let the market work and understanding that it’s very unpalatable that we’re going to have to deal with high prices, and that, candidly, falls on your shoulders, how to manage the retail rates, and we are not unsympathetic to it, but that is the political reality.”

It takes “two or three” price signals for developers to invest in new supply as they have in the past, she added.

Potential State Responses

While Pennsylvania is a restructured state, Consumer Advocate Patrick Cicero said it was still the PUC’s responsibility to ensure resource adequacy.

“I would just submit that I think that no one should question that is the job of the Public Utility Commission,” Cicero said.

State law requires the PUC to ensure reliable, affordable electricity, and part of that includes the generation issue facing the PJM region, he added.

“The fact that we’re a restructured state means that generation is no longer rate regulated, but it does not mean that the Public Utility Commission does not have the authority and tools necessary to ensure continued reliability,” Cicero said. “I assure you that if something happens, you will be blamed, and so consequently, if you will be blamed, then you should have the tools necessary to fix this problem.”

PJM’s market is not a failure, but it is leading to resource adequacy problems for Pennsylvania right now, PPL Electric Utilities President Christine Martin said.

“I really do think that we need to keep an open mind [and] not let the past dictate the future; not let a law passed almost 30 years ago define our future,” Martin said.

PPL supports changing the law to allow utilities to invest in generation, but Martin said that would not have to completely upturn Pennsylvania’s history with the markets. It is mainly focused on getting new resources online in the commonwealth.

“We are not insulated from Maryland or New Jersey or Delaware or D.C.,” Martin said. “We don’t have that luxury. So, when we think about resource adequacy and economic development and keeping the lights on, the type of generation [and] the location of generation does matter.”

GT Power Group President Glen Thomas, a former Pennsylvania PUC chair, cautioned commissioners from turning away from the markets too quickly. Given that generation investments are lumpy, PJM has faced these kinds of debates in the past — including 15 years ago when Maryland and New Jersey tried to get new natural gas built with state-backed contracts, which were ultimately found unconstitutional by the U.S. Supreme Court.

One of the contracts that New Jersey signed would have paid a plant $286 to $432/MW-day, well above the $270/MW-day the last auction capacity auction cleared at, Thomas said. It would have added over $1 billion over the term of the contract, which proved unneeded as the three plants New Jersey tried to support are all still operating today without any subsidies.

“They made a very critical mistake that would have cost their consumers a lot of money, but for the fact it was litigated and determined to be unconstitutional,” Thomas said. “So, it’s great to think about these plans. It’s great to think about the future, but it’s very hard to predict the future with these markets. These markets are cyclical.”