February 5, 2025

Wash. Governor Orders Study to Explore Data Center Impact

Washington Gov. Bob Ferguson signed an executive order Feb. 3 to explore the impact of data center growth on the Evergreen State, in a move that comes as the Northwest grapples with the mounting challenges and opportunities the centers could bring.

The order specifically establishes a workgroup that will publish a report by Dec. 1, 2025, to “recommend policies and actions for addressing energy use and impacts on the economy and job market,” according to a news release.

The group will include representatives from Washington’s Department of Commerce, the Utilities and Transportation Commission, the Department of Ecology, electric utilities, environmental advocacy groups, labor organizations and industry stakeholders, according to the release.

“We must ensure Washington remains a leader in technology and sustainability — these experts will help us do that,” Ferguson said in a statement. “This group will help us balance industry growth, tax revenue needs, energy constraints and sustainability.”

Fred Heutte, a senior policy analyst at the Northwest Energy Coalition, welcomed Ferguson’s initiative, telling RTO Insider that other Northwest states should launch their own studies in collaboration with their neighbors.

“The new data center development is already posing major and rapid increases in our local, state and regional electricity use,” Heutte said.

Ferguson’s order follows a report published by WECC forecasting “staggering” growth in electricity demand in the Western Interconnection over the next decade.

Washington Gov. Bob Ferguson | Washington state government

WECC predicted annual demand in the Western Interconnection will grow from 942 TWh in 2025 to 1,134 TWh in 2034. That 20.4% increase is more than four times the 4.5% growth rate from 2013 to 2022 and double the 9.6% growth forecast in 2022 resource plans.

Similarly, the Pacific Northwest Utilities Conference Committee’s Northwest regional forecast for 2024 found that electricity demand will increase from approximately 23,700 average MW in 2024 to about 31,100 aMW in 2033, an increase of over 30% in the next 10 years.

Heutte said it is important that the Washington workgroup get input from local communities and tribes that have data centers nearby. The question of cost allocation is similarly crucial, he said, especially if data centers don’t fully cover costs related to their use or if utilities will not pay for new equipment and energy supplies.

“There is a risk that significant cost shifting could happen for all other power customers at a time when a lot of people are having … trouble with high bills, energy burden, struggling to pay their bills,” Heutte said.

Heutte also argued the workgroup should focus on grid flexibility and ensuring that companies behind the data centers work with the community.

“We want them to be good community partners, continue to support and expand clean energy, reliability and affordable energy costs for everyone,” Heutte said.

Neo-Nazi Convicted in Baltimore Grid Attack Conspiracy

A federal jury has convicted neo-Nazi leader Brandon Russell of planning to attack electric substations in Baltimore in hopes of sparking a cascading failure that would “completely destroy [the] whole city.” 

Brandon Russell was found guilty of conspiracy to damage an energy facility after a six-day trial. The jury’s verdict form was filed Feb. 4, according to court records, although a statement from the U.S. Department of Justice said the verdict was returned Feb. 3.  

Russell was charged in February 2023 along with his accomplice, Sarah Beth Clendaniel. (See Feds Charge Two in Alleged Conspiracy to Attack BGE Grid.)  

Clendaniel pleaded guilty to the conspiracy charge and being a felon in possession of a firearm in September 2024 and was sentenced to concurrently serve 18 years for conspiracy and 15 years for the firearm charge, plus three years of supervised release for the latter charge. The conspiracy conviction also includes a lifetime of supervised release for Clendaniel after her prison term. 

Brandon Russell | Pinellas County Sheriff’s Office

Russell — the founder of Atomwaffen Division, which DOJ considers a “racially or ethnically motivated violent extremist” group inspired by Nazi beliefs — first became acquainted with Clendaniel in 2018 while both were incarcerated at separate facilities, according to the criminal complaint. Russell, a resident of Orlando, Fla., was in prison for possessing explosive material that he intended to use to attack electric infrastructure in his home state. 

Prosecutors said the two began actively conspiring no later than November 2022, working with a third person who was an informant for the FBI. Clendaniel identified five substations she planned to target, all operated by Baltimore Gas and Electric, a subsidiary of Exelon.  

She and Russell hoped to cause “a significant interruption and impairment of the … regional power grid,” DOJ said. The department calculated that the monetary loss from their planned attacks “would have exceeded $75 million.” 

Russell compared the planned attack to the rifle attacks in Moore County, N.C., when unknown perpetrators damaged two Duke Energy substations and caused more than 54,000 customers to lose power, DOJ said. (See Duke Completes Power Restoration After NC Substation Attack.) Clendaniel hoped that the cascading failure resulting from the destruction of the substations “would be legendary” and “completely destroy” Baltimore. 

“Today’s verdict reinforces [that] there is no tolerance for those who seek to harm our communities and use violence to further hate-filled beliefs,” FBI Special Agent William DelBagno said in the DOJ statement. “I am proud of the tremendous work by FBI Baltimore’s Joint Terrorism Task Force which led this investigation.” 

Russell’s sentencing date has not been scheduled. He faces a maximum sentence of 20 years in prison. 

Electric utilities have become increasingly concerned about defending their facilities from violence as the incidence of attacks has risen in recent years. 

A common thread is politically motivated assaults on power stations. FBI agents arrested a 24-year-old from Tennessee in November 2024 for plotting to rig a drone with explosives and fly it into a substation near Nashville to disrupt power, cause civil unrest and spark a civil war; the defendant in that case has also claimed to have ties to Atomwaffen. (See Feds Accuse Tenn. Man of Substation Attack Plot.)  

Similarly, three men with neo-Nazi associations pleaded guilty in 2022 to conspiring to damage substations with rifles after being arrested in Ohio. The men admitted they planned to damage the grid in order to cause racial unrest and were sentenced to 12, 60 and 92 months in prison. 

North American Trade War Averted as Canada, Mexico Strike Deals

President Donald Trump has, at least temporarily, pulled back from starting a trade war with Canada and Mexico, issuing updated executive orders delaying the imposition of tariffs on both until March so additional talks on fentanyl, immigration and other trade issues can continue. 

Trump had threatened over the weekend to impose 25% tariffs on most imports from the two countries and a 10% tariff on energy imports from Canada. (See Uncertainty Remains Around Energy Tariffs amid Last-minute Deals.) 

“The challenges at our southern border are foremost in the public consciousness, but our northern border is not exempt from these issues,” Trump said in an executive order. “Criminal networks are implicated in human trafficking and smuggling operations, enabling unvetted illegal migration across our northern border. There is also a growing presence of Mexican cartels operating fentanyl and nitazene synthesis labs in Canada.” 

Both Canadian Prime Minister Justin Trudeau and Mexican President Claudia Sheinbaum Pardo struck deals with Trump on Feb. 3 that averted the tariffs for another month at least, with another pair of executive orders issued delaying them until March 4. 

“I firmly believe that collaboration is what makes this continent great, and it is what will enable our conversation to move from one about tariffs, which in my mind is a lose-lose conversation, to one about prosperity and security, which offers a win-win,” Canadian Energy and Natural Resources Minister Jonathan Wilkinson said in remarks to the Atlantic Council on Feb. 4. 

Wilkinson is a member of the current governing Liberal Party. Trudeau announced plans to step down in early January, which will likely lead to a new election in the coming months. According to the average of polls from the Canadian Broadcasting Corp., the Conservative Party is likely to return to power for the first time in 12 years. 

While Wilkinson discussed the longstanding partnership the U.S. and Canada have had, he noted that Trump’s tariff threats generated a patriotic response. 

“When all of a sudden Canada is treated more like an adversary than a partner, it did shake every Canadian, and I think you saw that in some of the patriotic expressions that came out in the aftermath of the decision to impose tariffs,” Wilkinson said. 

The movement of drugs and illegal immigrants is a smaller issue along the Canadian border than that of Mexico, but Wilkinson said his government is just as opposed to illegal smuggling and border crossings as the U.S. government. Canada recently announced an investment of $1 billion in border security, and Trudeau said he would appoint a “fentanyl czar” and list drug cartels as terrorists to work with the Trump administration, Wilkinson said. 

“Our respective economies are so integrated that I would say the partnership is effectively hard-wired,” Wilkinson said. “Nearly $2.7 billion worth of goods and services cross the border each day in 2023. Thirty-six U.S. states rely on Canada as their No. 1 export market. Canadian consumers and businesses purchased more goods from the United States than China, Japan and Germany combined.” 

The two economies are so intertwined that in the auto industry, parts will go back and forth across the border half a dozen times or more before a product is completed, he added. 

“But there is no area where the integrated nature of our economies is clearer than in energy and key resources, such as critical minerals,” Wilkinson said. “For example, Canada supplies significant quantities of low-cost hydroelectricity to several U.S. states via fixed transmission lines. Canadian electricity powers the equivalent of 6 million American homes.” 

In general, Canadian provinces are more economically linked, with energy and other sectors, to their neighboring U.S. states than they are to each other, Brattle Group Principal Johannes Pfeifenberger said in an interview. 

“British Columbia and Quebec, in particular, have vast amount of hydropower and hydro storage,” Pfeiffenberger said. “So, in some ways, British Columbia would be the ideal battery for the West, and Quebec would be the ideal battery for the Northeast.” 

Excess renewables from the U.S. could be shipped up to Canada when that makes sense, and then the Canadian firms would sell it back south when American power demand is higher, he added. 

Wilkinson ran off other beneficial trading arrangements, from U.S. farmers importing pot ash, to the two countries working together on uranium supply so that the next generation of small modular reactors does not need to rely on supplies from more antagonistic countries like Russia. 

“I am suggesting that we should instead build upon current success by developing a U.S.-Canada alliance in energy and minerals,” he said. “Such an alliance would enable the United States and Canada to achieve our shared vision for affordable energy bills for families, strong and secure economies and North America as the world’s dominant energy supplier.” 

Electricity trading is a bigger deal between Canada and the U.S. than is trade with Mexico, where a few connections with Arizona, California and Texas are smaller and used less often, Pfeffeinberger said. 

Kinetic Movement of Flowing Water

It is unclear whether trades in electricity will be covered by the laws that Trump’s executive orders cite, but he did single out electric generation and its fuels, including “the kinetic movement of flowing water,” in the order declaring a National Energy Emergency. The order imposing a 10% tariff on Canadian energy cited the energy emergency order. (See What is and isn’t in Trump’s National Energy Emergency Order.) 

Energy economist Robert McCullough, who has been working around hydroelectricity issues for decades, has an archive with 150 million files from the industry. None of them referenced the “kinetic movement of flowing water,” he said. A Google search of the phrase returns an “Energy 101” explainer video that the Department of Energy posted almost two years ago. 

“I think what we’re seeing is a bluff, and that this will fade away,” McCullough said. “But we do know that if it’s serious, they certainly didn’t prepare the paperwork seriously. The kindest word for it is that it’s ‘muddled.’ Now we are going to see a Federal Register notice, and hopefully that’ll be more operational.” 

If the talks for the next month or more between Canada and the U.S. are serious, there is plenty on electricity markets that the two sides could work to improve, he added. 

The Columbia River Treaty, which has been in effect since the 1960s, could benefit from some updates, McCullough said. While British Columbia, Ontario and Quebec are well plugged into the U.S. grid, other provinces are not. 

“Manitoba Hydro has always been isolated and confused and has never actually had the involvement in the energy markets that BC Hydro has,” McCullough said. 

On the East Coast, Newfoundland has effectively been blocked from shipping its hydropower to the U.S. by Hydro-Quebec. McCullough said that even FERC could weigh in there. Hydro-Quebec had to agree to FERC regulations, such as Order 888, when it entered into the U.S. markets. 

“Theoretically, Hydro-Quebec has signed on to 888 and has to open it up for open access, but practically, that never happens,” McCullough said. “And obviously they could go to FERC and demand that FERC penalize Hydro-Quebec and Canada for violating 888, but that apparently has never been seriously considered.” 

Normally it would be a hard case to make that a foreign, provincially owned corporation could be dinged for not following FERC’s rules on its Canadian grid, he added. But with Trump in the White House, who knows? 

PJM Network Upgrades Boost Cost of Dominion OSW Project 9%

Dominion Energy reported that its Coastal Virginia Offshore Wind project will cost 9% more than initially expected, thanks to higher-than-expected PJM network upgrade costs.

In an update issued Feb. 3, the utility said the largest offshore wind project in the U.S. is otherwise roughly in line with the budget submitted 39 months ago. It is 50% complete and still on track to be commissioned in late 2026.

The project is in a very different situation than most other wind projects off the Northeast coast, which have suffered a litany of delays, cost increases, offtake contract cancellations, pauses on development or even outright cancellations in the past two years.

And as a fully permitted project already under construction, Coastal Virginia Offshore Wind (CVOW) also is not immediately affected by the freeze on offshore wind leasing ordered by President Donald Trump.

In its update, Dominion indicated there were decreases in offshore construction and equipment costs because of currency hedging as well as some increases such as unexploded ordnance removal, undersea cable protection enhancements and transportation fuel.

But these were far eclipsed by the onshore network upgrades and electrical interconnection cost increases.

In its quarterly report submitted Feb. 3 to the Virginia State Corporation Commission (PUR-2024-0026), Dominion said the increase stemmed from the Phase II Study results for Transition Cycle 1 that PJM published in late December.

Based on its conversations with PJM, Dominion expects the network and interconnection costs to be $882 million higher than in the original budget estimate submitted to the SCC in November 2021. The offshore adjustments are expected to raise the price tag by $30 million.

That boosts CVOW’s anticipated total cost from $9.8 billion to $10.7 billion. Part of this will be borne by ratepayers, and part by Dominion and its partner, Stonepeak.

The levelized cost of energy is now projected to be $62/MWh, once $29/MWh in renewable energy credits are factored in. That translates to an expected net impact over project lifetime of $1.01/month for a residential customer using 1,000 kWh/month.

This compares with an average all-in development cost of $150/MWh and a residential ratepayer impact of $2.02/month for Empire Wind and Sunrise Wind, the two mature projects awarded contracts by New York state in 2024.

Empire and Sunrise are among the few offshore wind projects on the East Coast still on track; most others have been canceled, paused or are far off in the future.

Transition pieces for the Coastal Virginia Offshore Wind project are loaded on the MS Sunrise in January in Aalborg Port in Denmark. | CS Wind Offshore

What makes CVOW different beyond its sheer size — 2.6 GW, which is 50% more than Empire and Sunrise combined — is that it is being developed by a regulated utility with a regulated return on its investment.

Importantly, Dominion locked in its costs for components and contractors before supply chain constraints, inflation and interest rate hikes wreaked havoc on an industry just starting to gain momentum in the U.S. market.

Dominion is optimistic CVOW’s value proposition will carry it through the latest challenge: election of a president with a longstanding antipathy toward wind turbines, particularly the 800-foot ocean variety.

Trump’s Day 1 executive order freezing new leases does not immediately affect projects that already hold leases — except by creating an uncertainty that can scare away investors who already were looking at a long and uncertain path for cost recovery during the supportive years of the Biden administration.

The order directed “a comprehensive review of the ecological, economic and environmental necessity of terminating or amending any existing wind energy leases, identifying any legal bases for such removal.”

Dominion told RTO Insider in late 2024 that CVOW has enjoyed bipartisan support through multiple state and federal administrations in its yearslong progression from concept to plan to two-turbine pilot project to full-scale steel in the water.

“Bipartisan leaders agree it has been an economic boom for Virginia, creating thousands of jobs and stimulating billions in economic growth, while providing consumers with reliable and affordable energy,” a spokesperson said in December. “Leaders from both parties also agree on the importance of American energy dominance, maintaining our technological superiority and creating good-paying jobs for Americans.”

In its Feb. 3 update, Dominion repeated this message and noted CVOW will advance one of Trump’s stated priorities — dominance in artificial intelligence — by helping power the world’s largest concentration of data centers.

Senate Wildfire Bills Address Tx Corridor Clearing, Other Measures

A bipartisan bill in the U.S. Senate would make it easier for utilities to clear trees around power lines on U.S. Forest Service land by not requiring a timber sale for the cut-down material. 

Senate Bill 349, also known as the Fire-Safe Electrical Corridors Act, is one in a package of three bipartisan fire-safety bills that Sen. Alex Padilla (D-Calif.) announced Feb. 3.  

Another bill in the package is the wide-ranging Wildfire Emergency Act, or SB 350. Among its provisions are creating a prescribed fire training center in the West and speeding up the installation of wildfire detection equipment on the ground and in space. 

The third bill, SB 336, would give homeowners a tax exemption on money they receive through state programs to protect their homes from natural disasters. 

The bills come as the Los Angeles area starts to recover from last month’s severe wildfires that have been called the worst natural disaster in the city’s history.  

But California is not alone in facing wildfire threats. Wildfires burned 8.8 million acres across the U.S. last year, with about 1 million acres of that land in California. 

“Montanans see firsthand the effects that catastrophic wildfires have on our communities,” Sen. Steve Daines (R-Mont.) said in a statement. Daines and Padilla are cosponsors of the Wildfire Emergency Act and the Fire-Safe Electrical Corridors Act. 

Among the 11 sponsors of SB 336, the Disaster Mitigation and Tax Parity Act, are Padilla and Sens. Adam Schiff (D-Calif.), Thom Tillis (R-N.C.) and Bill Cassidy (R-La.). California, North Carolina and Louisiana are states that offer grants to homeowners to take steps such as removing fire-prone vegetation around their homes or strengthening roofs or foundations. 

“Homeowners should not face additional taxes for wanting to protect their homes,” Schiff said in a statement. 

All three bills were introduced Jan. 30 and referred to committee. 

Tree Removal Targeted

Under SB 349, the Forest Service could give electric utilities standing permission to remove hazardous trees near power lines within existing rights-of-way. A timber sale would not be required as part of the tree removal. But if a utility opts to sell the cut-down trees, the proceeds — minus transportation costs — must be given to the Forest Service. 

Although the USFS now allows utilities to cut down and trim trees in utility corridors, some forest managers view the law as forbidding removal of the material, Padilla’s office said in a release. As a result, dry fuels can build up beneath utility lines. 

“This bill would help reduce the risk of wildfires on forest lands by ensuring the clearing of existing corridors and give certainty to utilities,” Padilla’s office said. 

Three of California’s largest or most destructive fires were started by electrical equipment, the release noted. Those include the 2021 Dixie Fire, which burned 963,309 acres, making it the second-largest wildfire in state history. The blaze started when a tree fell onto a PG&E distribution line. 

Powerlines were also blamed for the 2017 Thomas Fire, which charred 281,893 acres, and the 2018 Camp Fire, which destroyed 18,804 buildings and killed 85 people, according to California Department of Forestry and Fire Protection (Cal Fire) statistics. 

The wildfire crisis “demands more proactive responses from the federal government,” Padilla’s office said in a fact sheet on SB 350. 

The Wildfire Emergency Act would create an energy resilience program at the Department of Energy to ensure that critical facilities, such as hospitals, schools, utility stations and police stations, can keep operating during wildfires. The bill would authorize $100 million for retrofits. 

The bill would expand a Department of Energy weatherization grant program to give low-income households up to $13,000 for wildfire-hardening measures, such as ember resistant roofs or gutters. 

The bill also would allow the Forest Service to pilot the use of private financing to restore wildfire-damaged forests. And the bill would allow the expansion of up to 20 existing collaborative forest restoration projects. 

FERC Approves ISO-NE Capacity Market Collateral Requirements

FERC accepted ISO-NE’s proposal to increase collateral requirements for generators participating in its capacity market, rejecting the New England Power Generators Association’s (NEPGA’s) arguments that the changes violate the filed rate doctrine. 

The changes to the RTO’s financial assurance policy (FAP) are intended to reduce the risks of generators defaulting on pay-for-performance charges incurred during capacity scarcity events (ER24-3071). 

The commission ruled Jan. 31 that the updates “will better protect the market against the risks of socialized defaults and failure to pay non-performance penalties resulting from capacity sellers with insufficient corporate liquidity.” 

The policy revisions will create a corporate liquidity assessment, which will evaluate each generator’s “ability to pay potential penalty payment obligations associated with its CSO [capacity supply obligation] within the applicable Capacity Commitment Period (CCP), over a forward-looking rolling six months.” 

This assessment will categorize participants as low, medium and high risk, and the categories will be used to determine the generators’ collateral requirements. 

The changes took effect Feb. 1, 2025, and will impact CSOs beginning June 1, the start of 2025/26 CCP, which corresponds to Forward Capacity Auction 16.  

The implementation of the revisions will coincide with a major increase in non-performance penalty rates, which also take effect the same date. The penalty rate, which increased from $3,500/MWh to $5,455/MWh for the 2024/2025 CCP, will increase to $9,337/MWh on June 1, 2025. 

Pay-for-performance penalties can pose significant risks to resources with CSOs. Non-performance charges totaled $62.7 million across two scarcity events during summer 2024. Oil resources and non-combined-cycle dual-fuel resources took large penalties during these events, while imports took in nearly $29 million in performance credits. (See NEPOOL Markets Committee Briefs: Dec. 10, 2024.) 

ISO-NE estimated that the new collateral requirements will increase the total financial assurance obligations for CSOs in the 2025/26 CCP by about $72 million to $90 million. Generators that meet the “low risk” classification will not be subject to the higher collateral requirements. 

“By requiring CSO holders deemed as medium risk and high risk to provide increased collateral, the FAP Revisions can reduce the risk of socialized defaults,” FERC ruled. 

‘Post Hoc Tinkering’

In its protest of ISO-NE’s proposal, NEPGA argued that applying the updated requirements to existing CSOs would violate FERC’s filed rate doctrine, which prohibits retroactive changes to rates. 

“The FAP changes, if applied to CSOs beginning with the FCA 16 Capacity Commitment Period, would change the financial assurance requirements (the legal consequences) of assuming a CSO in FCAs 16-18 held in 2022 – 2024,” NEPGA wrote. 

“The doctrine forbids ‘post hoc tinkering’ to correct or otherwise alter prior rates, terms and conditions, such as the CSO obligations and entitlements offered and agreed to in FCAs 16-18,” the association added. 

NEPGA argued also that, even if the revisions do not violate the filed rate doctrine, increasing the collateral requirements for existing CSOs could decrease investor confidence in market stability, potentially accelerating retirements and reducing system reliability.  

FERC rejected NEPGA’s argument regarding the filed rate doctrine, noting the commission has “previously found that the terms and conditions of performance and other obligations that are a part of forward capacity markets may be revised, even after a forward auction for a future delivery year is completed, if the changes are made prospectively and after notice.” 

The commission added that the financial assurance requirements for the upcoming CCP “have not been calculated or posted,” and the changes to the policy accepted by FERC “will only alter future data inputs to these formulas.” 

Responding to NEPGA’s concerns that the revisions would still have negative effects on the market even in the absence of a filed rate violation, FERC wrote that “capacity suppliers had no reasonable expectation that the FAP provisions would remain unchanged, and to the extent that NEPGA members considered existing FAP provisions in formulating their offers, they did so at their own financial risk.” 

NEPGA expressed disappointment with FERCs ruling, saying in a statement that the changes will impose “new, higher costs on generators well after they assumed a Capacity Supply Obligation, and, therefore, have no way of reflecting these increases in market offers.” 

The group added that it is reviewing the order and “assessing potential next steps.” 

FERC Sets Missouri Co-op’s Tx Rate for Hearing

FERC has ordered hearing and settlement proceedings over a Missouri electric distribution cooperative’s effort to split from the Wabash Valley Power Association and earn rates on its own as a transmission owner in MISO.

Citizens Electric Corporation, currently a member of the Wabash Valley Power Association, is striking out on its own and has purchased two planned transmission assets from the association while still taking service as a third-party customer through mid-2028. Citizens hopes to exit Wabash by June.

But FERC in a Jan. 31 order said the rates Citizens proposed might not be just and reasonable, singling out a proposed depreciation rate and one of the lines for not being proven to be beneficial (ER25-324). While FERC gave the go-ahead for rates to become effective Feb. 1, it subjected them to refund.

Citizens is member-owned and borrows from the U.S. Department of Agriculture’s Rural Utilities Service. While not a public utility and exempted from FERC regulation, the cooperative agreed to a commission review of rate recovery. The MISO Board of Directors on Jan. 23 approved Citizens as a transmission owner.

Citizens bought a $117.5 million portion of the jointly planned, 138-kV Grand Tower Project line and substation rebuild, a baseline reliability project approved under MISO’s 2023 Transmission Expansion Plan (MTEP 23). It also purchased the Salem Bulk Project, a new 69-kV line approved as an “other” reliability project in MTEP 23.

FERC decided that one of the transmission projects didn’t meet the threshold for rate incentives.

FERC said Citizens did not prove that Salem Bulk Project ensures reliability or reduces congestion costs because of its status as an “other” project under MTEP. In MISO, “other” reliability projects aren’t held to the same level of review as baseline reliability projects, which are built to meet NERC criteria. FERC said the project lacks “a fair and open regional transmission planning process that considers and evaluates projects for reliability or congestion.”

FERC also said it wasn’t convinced Citizens’ proposed 2.75% depreciation rate in the formula is fair. The Rural Utilities Service uses a 2.75% depreciation rate, and Citizens borrowed it, explaining it didn’t conduct its own depreciation study.

Citizens agreed ahead of FERC’s decision that its rate formula would be subject to refund with interest.

Otherwise, FERC granted Citizens’ request for the Construction Work in Progress (CWIP) Incentive and Abandoned Plant Incentive on the Grand Tower Project. FERC agreed the project presents a “cash flow risk” that the CWIP can alleviate while helping avoid rate shocks to Citizens’ transmission customers. Finally, the commission allowed Citizens’ proposed return on equity of 9.98% and the 50-basis-point adder for RTO participation.

Christie Faults ‘Check-the-box’ Tx Incentives

As he has with past orders on rate incentives, Chairman Mark Christie dissented in part from the order, blasting FERC’s incentives approval as a “check-the-box” exercise.

Christie took issue with approval of the CWIP and Abandoned Plant incentives, saying the commission eschewed a “fact-specific, careful evaluation of balancing the needs of consumers and the benefits to investors based on the nature of the transmission projects at issue.” He added that “every transmission developer seems to cite the same” financial and regulatory risks for projects.

Christie also said the RTO participation adder “increases the transmission owner’s ROE above the market cost of equity capital” and is “an involuntary gift from consumers.”

“There has been and continues to be something really wrong with this picture,” he said, calling again to limit the adder to the three years following initial RTO membership.

Christie additionally pointed out that FERC approved incentives for a transmission project that doesn’t yet have state approval for construction.

“No state CPCN [certificate of public convenience and necessity] proceeding has been conducted reviewing both need and prudence, yet the commission grants the incentive anyway,” he wrote. “Although the regional transmission planning process is only one rebuttable presumption … allowing qualification for incentive rate treatment, reliance on regional transmission planning in lieu of state approval to construct is one of the major problems with FERC’s policy. This practice is indefensible and always has been.”

He said MISO’s transmission planning is “not remotely the equivalent of a serious, litigated” CPCN.

Christie repeated concerns that the CWIP Incentive “effectively makes consumers the bank for transmission developers,” and the Abandoned Plant Incentive “effectively makes them the insurer of last resort” — all without the benefits of interest or premiums.

Christie said the case “graphically illustrates the fundamental unfairness of the commission’s practices regarding incentives” and demanded a revisit of FERC Order 679, which makes any transmission project designed to increase reliability or reduce congestion eligible for incentive ratemaking.

Federal Briefs

TVA Names Rice CFO

The Tennessee Valley Authority has named Tom Rice as its chief financial officer, effective Jan. 27. 

Rice joined TVA in 2002 and has served in a variety of leadership roles, including senior vice president for finance, treasurer and chief risk officer, and vice president of financial operations and performance.   

Rice will succeed John Thomas, who announced his intent to retire in December. 

More: TVA 

USDA Ordered to Scrub Climate Change from Websites

Agriculture Department employees have been ordered to delete landing pages discussing climate change across agency websites and document climate change references for further review, according to an internal email obtained by POLITICO. 

The email calls on website managers to “Identify and archive or unpublish any landing pages focused on climate change” and “Identify all web content related to climate change and document it in a spreadsheet” for the office to review. 

More: POLITICO 

State Briefs

CALIFORNIA 

PUC Approves SCE Rate Hike to Cover Wildfire Victim Payments

The Public Utilities Commission last week unanimously voted to allow Southern California Edison to raise rates to cover payments it made to victims of the devastating 2017 Thomas wildfire. 

The PUC approved the rate hike without discussion. The vote means that more than $1.6 billion of the $2.7 billion Edison paid to more than 5,000 fire victims will be covered by customers. The rest will be paid by shareholders. Most customers will see an increase to their monthly bill of about $1, the company said. 

SCE also asked the PUC to approve a second rate increase for $5.4 billion in payments to victims of the 2018 Woolsey fire, which it will consider later. 

More: Los Angeles Times 

CONNECTICUT 

Eversource, Avangrid Sue PURA over Decision-making Process

Eversource Energy and Avangrid last week sued the Public Utilities Regulatory Authority, saying Chair Marissa Gillett has frozen the agency’s other commissioners out of the decision-making process since the start of 2020. 

As a result, the lawsuit states hundreds of decisions involving the utilities and their subsidiaries have been affected. Last month, some Democratic lawmakers accused the utilities of trying to intimidate public officials. Meanwhile, Republican leaders said the litigation signifies problems with the regulatory system. 

Gov. Ned Lamont later responded to the lawsuit, publicly accusing the utilities of waging a campaign to oust Gillett, whom he appointed. 

More: CT Insider; CT Mirror 

INDIANA 

URC Approves Duke Rate Increase

The Utility Regulatory Commission last week approved a $395 million rate increase for Duke Energy. 

Duke originally requested an increase of $491.5 million, which would have raised average residential bills by as much as $27.63/month in two phases. 

More: WXIN 

MARYLAND 

Talen, PJM Reach Agreement to Keep Coal, Oil Generation Online

Talen Energy last week reached an agreement with PJM and the Public Service Commission to extend operations at its 1.3-GW coal-fired Brandon Shores power plant and 774-MW oil-fired H.A. Wagner units until May 31, 2029. 

Talen on Jan. 27 said the agreement is “intended to provide the power necessary to maintain grid and transmission reliability in and around the City of Baltimore until necessary transmission upgrades to provide reliable power to the area from other sources are complete.” 

If approved by FERC, the settlement will allow Talen to run the plants well beyond their May 2025 retirement dates. 

More: POWER Magazine 

MINNESOTA 

Gov. Walz Appoints Partridge to PUC

Gov. Tim Walz last week appointed Audrey Partridge to a six-year term on the Public Utilities Commission. 

Partridge was the policy director at the Center for Energy and Environment. Before joining CEE in 2017, she spent five years at CenterPoint Energy. 

Partridge is replacing Valerie Means, who did not apply for reappointment. 

More: The Minnesota Star Tribune 

MISSOURI 

Utilities Push Legislation to Charge Customers Upfront to Build Gas Plants

Evergy and Ameren last week asked the House Utilities Committee to support legislation that would allow them to charge customers for natural gas power plants before they’re completed. 

The utilities say the state is losing out on attracting major employers because it doesn’t have enough power supply. However, environmental and consumer advocates say the legislation, known as “construction work in progress,” just allows more profit for monopoly companies at the expense of consumers.  

More: Missouri Independent 

NORTH CAROLINA

Gov. Stein Announces Interim Utilities Commission Appointments

Gov. Josh Stein last week appointed Commissioner Floyd McKissick Jr. as chair of the Utilities Commission. 

McKissick will replace Chair Charlotte Mitchell, who resigned, and carry out the remainder of her term through June 2029. He has served on the commission since 2019.  

Stein also appointed Steve Levitas, a solar industry veteran and expert on energy policy, to fill McKissick’s seat. Levitas will serve through this June. 

More: Office of the Governor 

OKLAHOMA 

AG Files 3rd Lawsuit over 2021 Winter Storm Utility Rates

Attorney General Gentner Drummond filed a lawsuit on Jan. 9 in Osage County alleging artificially inflated natural gas prices during Winter Storm Uri in February 2021. 

Drummond initially filed two lawsuits last April. The lawsuits claimed the state’s gas companies violated the Oklahoma Antitrust Reform Act, the Oklahoma Common Carrier statute, breach of contract, unjust enrichment, fraud, constructive fraud, bad faith breach of contract, civil conspiracy and negligence with their actions during the storm. Drummond claims some companies had counted on higher demand with the arrival of the storm and schemed to artificially reduce supply. 

As of Jan. 24, court records show no new filings in the case, and no actions are currently scheduled. 

More: The Oklahoman 

SOUTH DAKOTA

Eminent Domain Ban Passes House, Heads to Senate

The House of Representatives last week voted 49–19 to advance a bill that would ban the use of eminent domain for carbon dioxide pipelines. 

Summit Carbon Solutions, who is vying to build a $9 billion CO2 pipeline through the state, has voluntary easement agreements with some landowners to cross their land but needs eminent domain to gain access from those who are unwilling to sign easements. 

The bill now heads to the Senate. 

More: South Dakota Searchlight 

TEXAS 

Xcel Energy Amarillo Coal Plant to Switch to Natural Gas

Xcel Energy’s Harrington Station, which opened its first unit in 1976 in Amarillo, will burn primarily locally produced natural gas beginning in May. 

Xcel said it looked into other alternatives to reduce sulfur dioxide emissions, but shifting to natural gas was the most efficient option due to the aging units and costs. 

More: Amarillo Globe-News 

VERMONT 

State Enacts EV Registration Fee

The state’s Department of Motor Vehicles has notified drivers they will have to pay $178 a year to register their EVs beginning Jan. 1. 

The fee is said to be twice as much as owners of internal combustion engine vehicles. 

At least 39 states charge such annual fees. 

More: The New York Times 

VIRGINIA 

Lawmakers’ Proposal to ‘Significantly’ Cut Appalachian Power Bills Moves Forward

A House of Delegates subcommittee last week voted 9-0 to advance a bill that lawmakers say would lower Appalachian Power customers’ bills by “substantially” cutting the utility’s profits and “significantly” reducing its rates. 

The bill would require regulators to evaluate Appalachian’s rates more often, prohibit rate increases from taking effect during the winter, and create a financing mechanism to shield customers from bearing the costs associated with storm-related repairs and power generation facilities. The average Appalachian residential bill has risen about $50 in the last three years. 

The legislation now heads to the full House Labor and Commerce committee. 

More: Cardinal News 

Possum Point Power Plant to Expand, Modernize for Data Centers

Dominion Energy announced it will expand its Possum Point Power Station to meet rapidly ascending data center power needs. 

Dominion will add 44 MW to the 660-MW facility via modernized gas and steam turbines. 

The plant stopped burning coal in 2003 and has since burned oil and natural gas. 

More: InsideNoVa.com 

WYOMING 

Lawmakers Kill Bill to Store Nuclear Waste

The House Minerals, Business and Economic Development Committee last week denied a bill that would have created a temporary nuclear waste storage facility. 

Several lawmakers were not convinced that the “temporary” storage facility would be temporary. They noted the federal government has tried and failed for decades to establish a permanent nuclear waste repository that would give some legitimacy to the “temporary” storage concept. 

More: WyoFile 

Company Briefs

GE Vernova to Build Utility-scale Inverters at US Plant

GE Vernova announced plans to manufacture utility-scale inverters at a facility in Pittsburgh. 

GE debuted the 2,000-V DC inverter last September in a multi-megawatt solar park as part of a pilot installation in North America, which is expected to be operational early this year. The facility will start production with its 1,500-V DC model, although the manufacturing line is ready to accommodate both its 1,500-V DC and its 2,000-V DC models. 

The investment is part of a broader investment of more than $560 million the company plans to infuse into its U.S. operations over the next two years. 

More: pv magazine 

KORE Power Abandons Planned $1B Battery Plant

KORE Power last week announced it is abandoning plans for a $1 billion lithium-ion battery plant in Arizona. 

The decision, which was attributed to the company “restructuring,” comes more than two years after KORE broke ground on the facility. 

More: Arizona Republic 

Vesper Energy Completes 600-MW Texas Solar Project

Vesper Energy last week announced it has completed its 600-MW Hornet Solar project in Texas. 

The project is composed of more than 1.36 million PV panels on 6 square miles of land. It remains on track to be operational by spring. 

More: Vesper Energy 

Microsoft, Chestnut Carbon Reach Removal Credit Deal

Chestnut Carbon, a nature-based carbon removal company, last week announced it has agreed to a 25-year deal with Microsoft to provide the tech giant with removal credits from its projects in Arkansas, Texas and Louisiana. 

The deal, the financials of which were not publicly disclosed, would deliver more than 7 million tons of carbon removal credits to Microsoft. It involves the restoration of 60,000 acres of land by planting more than 35 million native, biodiverse hardwood and softwood trees. 

More: Axios