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The Climate Post: Court Ruling Could Affect Nation's Electric Grid

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Editor's Note: While Tim Profeta is on vacation, Jeremy Tarr, policy associate in the Climate and Energy Program at Duke's Nicholas Institute for Environmental Policy Solutions, will author The Climate Post. Tim will post again August 28.

A unanimous ruling by the U.S. Court of Appeals for the District of Columbia Circuit could change the way utilities and regulators consider electricity transmission and open pathways for new renewable energy facilities.

The Federal Energy Regulatory Commission's (FERC) Order 1000 rule, issued in 2011, requires participation by public utility transmission providers in regional planning processes, establishes methods to clarify who will pay for new transmission projects, and includes procedures to consider the effects of energy-related policies on the grid. In the lawsuit petitioners challenged FERC's authority to adopt these reforms and whether they are supported by sufficient evidence

In its decision, a three-judge panel upheld Order 1000 and explained that "The Commission reasonably determined that regional planning must include consideration of transmission needs driven by public policy requirements." The decision noted that "The Commission expects that many states will require construction of new transmission infrastructure to integrate sources of renewable energy, such as wind farms, into the grid and that new federal environmental regulations will shape utilities' decisions about when to retire old coal-based generators. Plans that fail to account for such laws and regulations, the Commissioned reasoned, would not adequately reflect future needs."

Some experts viewed the ruling as "progress"; others felt the decision sets the stage for future appeals.

Report Analyzes Wind Power Trends

A new report by the U.S. Department of Energy and the Lawrence Berkley National Laboratory highlights trends in the wind industry during 2013. It found that the wind industry remains strong in the United States, which ranked second only to China in installed wind power. The United States, however, represented only 3 percent of global wind additions in 2013.

Other key findings from the report:

  • Wind power purchase agreement prices reached all-time lows in the United States in 2013 thanks to 20-40 percent lower wind turbine prices (compared to 2008) and lower installed project costs, which are down more than600/kW from 2009 and 2010 levels. The average price stream of wind power purchase agreements executed last year (25 per megawatt hour) compares favorably with a range of projections of the fuel costs of gas-fired generation extending into 2040.
  • New wind installations are expected to increase in 2014 and 2015. Projections for 2016 and beyond are less certain.
  • A growing percentage of equipment used in U.S. wind projects is sourced domestically.

Arctic Drilling Subject of Interagency Review

No current regulations specifically govern Arctic oil development, but a draft proposal on drilling safety rules by the U.S. Department of Interior made its way to the White House's Office of Management and Budget (OMB) for review Friday.

Details of the proposal remain undisclosed. According to the OMB website, the rules are designed to "promote safe, responsible, and effective drilling activities ... while also ensuring the protection of Alaska's coastal communities and marine environment."

Some speculate the rules--which may be under review for months--could require oil companies to obtain leak containment equipment before beginning drilling activities. Federal rules may not be in place before Shell resumes a three-year break from drilling in the region.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University's Nicholas Institute for Environmental Policy Solutions.

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