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Electric Power Law and Policy: Impacts on Water Resources. John N. Moore Senior Attorney September 8, 2011. Overview - Key Developments and Trends. State : Growth of Renewable Energy and Energy Efficiency standards in last 10 years.
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Electric Power Law and Policy: Impacts on Water Resources John N. Moore Senior Attorney September 8, 2011
Overview - Key Developments and Trends • State: • Growth of Renewable Energy and Energy Efficiency standards in last 10 years. • Some states “restructured” electricity markets to encourage competition. • Federal: • Federal Energy Regulatory Commission (FERC) more assertively promotes regional electric system planning, integration of efficiency and renewables into the grid. • Recent US EPA air and water standards will reduce coal power plant use.
Overview - Key Developments and Trends • Economic: • Sluggish economy leads to excess power generation in region • Increasing efficiency means less direct correlation between economic growth and energy demand. • Natural gas prices are key – low gas prices displaces coal; more coal likely with higher gas prices. • Carbon regulation is a major uncertainty.
New Policies and Low Natural Gas Prices Influence the Resource Mix
Major Federal Drivers • Federal Energy Regulatory Commission • Flexing regulatory muscle to promote more competition, more holistic regional planning, regional cost allocation to pay for expensive lines. • Order 1000 (July 2011): important ruling – requires all utilities and regional transmission organizations to conduct transparent, comprehensive planning processes and to spread costs of high-power lines across broader areas. • Some states fighting cost allocation, don’t want to pay for lines that are perceived to not benefit their states.
U.S. EPA Regulations Chart courtesy PJM Interconnection, LLC
Gaps and Opportunities – Federal • Education – FERC Commissioners and electric policy staff; RTO stakeholders (good opportunities at PJM and MISO). • Data – RTOs should estimate water use and consumption and pollution impacts on water resources. • Lifecycle estimates/factors also desirable to develop (EIPC stakeholder process does not currently include them). • Evaluations – • Incorporate low-water sensitivity analyses into long-term planning. • Include “indirect” water use impacts in transmission line NEPA analyses where they occur.
Major State Drivers • Electric Industry Restructuring (Illinois, Ohio, Michigan, New York, Pennsylvania) • Renewable Energy Standards/Energy Efficiency Standards • Integrated Resource Planning – few states actually do perform IRP
Gaps and Opportunities – State • Education: • Develop state-specific presentations for utility commissioners; present at NARUC/MARC conferences. • Similar for Midwest Governors Association. • Study: • Report on energy-related water impacts (work with state environmental agencies). • Laws: • Require consideration of water and other environmental impacts in generation and transmission siting (e.g., Minnesota’s law). • Annual accounting of energy-related water impacts. • Include water impacts in integrated resource planning (to the extent it exists).