Lege Trend. Anatomy of a Wind Turbine Setback Bill and Rule in the Red Midwest.

  • February 23, 2018

State:  Ohio

The current wind turbine setback: 110% the height of the turbine + available variances

The 2018 legislative proposal:  Ohio SB 238   increases the setback to 120% the height of the turbine

What rule change is being implemented at the Ohio Public Utility Commission? including a windturbine requirement that notice be provided to “all property owners” including adjacent property owners oustide the 120% line.

What’s a Repulican negotiating tactic in the House? That any setback bill needs to include Ohio HB 114 that effectively makes Ohio’s renewable standards voluntary

Energy News Network | Ohio bill would relax wind setbacks, but rule change could derail process

Regulatory TREND. Grid Operators New Storage Rules. Wholesale Market. 5 Requirements for Rules.

  • February 23, 2018

Federal Energy Regulatory Commission unanimously approved an order for each grid to develop rules for energy storage in the wholesale market. 

5 Things the Rules Must Include:

  • Ensure that a storage resource can provide all the services it is technically capable of providing,
  • Ensure that an energy storage resource can be dispatched and can set market clearing prices as both a buyer and a seller,
  • Account for the physical and operational characteristics of storage resources through bidding parameters or other means,
  • Establish a minimum size for participation in RTO/ISO markets that does not exceed 100 kW, and
  • Specify that the sale of electricity from the RTO/ISO markets to a storage resource that the resource resells must be at the wholesale locational marginal price.”

Are there state examples of these rules in place? yes, in California and New York

FERC ORder 841 (February 2018)

 Utility Dive | FERC order opens ‘floodgates’ for energy storage in wholesale markets

Business TREND. 3 Parts to a hybrid service model for large microgrid. Could it becomes a standard?

  • February 22, 2018

 Consolidated Edison has a hybrud service model for large microgrids.

What does this hybrid model look like?

  • Consolidated Edison is working with property developers to:
    • offer unique service connection architectures to facilitate a microgrid
    • accommodating requests as to where the power is delivered
    • eliminating complicated equipment to simplify reconnecting to the grid
  • Consolidated Edison utilized “microgrid breakers” that supply  13 kV service
    • this allows “the customer to isolate and reconnect to the utility service seamlessly while a new means of communications allows the utility to continuously monitor our transformation equipment even when the customer is isolated”
  • Mixed Energy Facility that includes:
    • cogeneration
    • gas-fired combined heat and power
    • diesel 
    •  service from Consolidated Edison

Utility Dive | ConEd’s hybrid service model for large microgrid could become standard

New Kids on the Block. Speed Read to Meet the New TXWDB members and chair.

  • February 22, 2018

New appointee and new chair at the Texas Water Development Board include:

  • Brooke Paup
    • BA TAMU
    • JD Texas Tech
    • certified sommelier
    • formerly with Comptroller Hegar as director of legislative affairs
    • formerly with Gov. Perry’s Federal State Relations Office during Hurricanes Rita and Katrina
    • formerly the deputy division chief of intergovernmental relations and former special assistant for policy and research for the Office of the Attorney General
  • Peter Lake (CHAIR)
    • Tyler, TX
    • former head of business development at Lake Ronel Oil Company
    • formerly director of special projects for VantageCap Partners, Gambit Trading 
    •  member of the Edmund Burke Society at the University of Chicago School of Law
    • Stanford University Graduate School of Business

Governor Abbott | Governor Abbott Names Lake Chair And Appoints Paup To Texas Water Development Board

Regulatory TREND. Mapping Pipelines in the Blue Columbine State.

  • February 22, 2018

The catalyst to mapping pipelines: The 2017 fatal Firestone house explosion

The Governor’s Order: find and test all pipelines within 1,000 feet of homes

The Oil and Gas Regulator Response Rules will:

  • require companies to report to regulators where pipelines installed after May 2018 will be
  • require known pipelines be reported to regulators by October 2019
    • any additional knowledge about pipelines has to be reported
  • Major leaks must be reported within 24 hours

There’s a new task force for leak detection that will:

  • consider required inspection technology

Governing | To Prevent More House Explosions, Colorado Toughens Oil and Gas Rules

Public Private Partnership TREND. 3 Ways an Innovation HUB addresses electricity demands

  • February 22, 2018

The Innovation HUB: Monash Grid Innovation Hub is  “a unique research, training and teaching platform for digital energy”

Innovation HUBs goals: “collaborative industry partnership approach towards a secure, affordable, smart, reliable and environmentally responsible energy sector”

Where is the innovation hub housed? Monash University and it “features a Future Control Room equipped with specialist software to view, control and manage big data, distributed energy systems and network security”

PACE TODAY | Innovation hub addresses changing electricity needs

A Grid Security and Modernization Bill in the Midwest. Help Utilities w/ a Carrot for Consumers.

  • February 16, 2018

State: Missouri

Legislation: Senate Bill 564 

5 Points from Missouri’s SB564:

  • cap rate increases at 2.85% for utility companies that file a 5 year capital investment plan
  •  utility companies will be able to replace, modernize & secure infrastructure while the Public Service Commission retains  authority & oversight
  • modernizing the grid will improve security of the grid
  • CARROT: consumers maximize the benefits of the recently passed federal tax cut by cutting electric rates and returning money to consumers
  • Not only will consumers, Missouri families, benefit but so will Missouri’s small businesses 

West Plains Daily Quill | Capitol Report

Activist Group Alliance Pushes Renewable Standards + A State Official. What you need to know in this Red State.

  • February 15, 2018

Arizona advocates in  environmental, clean energy and public health are joiing forces to require Arizona utilities to reach 50% renewable energy by 2030.

What’s the legislative approach? A ballot proposition

Who is funding this? backed by billionaire Tom Steyer | NextGen America

Is this push being felt elsewhere?  Yes, Arizona Corporation Commissioner Andy Tobin is calling for raising the Renewable Portfolio Standard to 80% of clean energy by 2050 + deploy 3,000 MW of energy storage by 2030

Arizona Corporation Commissioner Andy Tobin’s proposal 

Utility Dive | New Arizona renewable ballot initiative could spark utility opposition

New Study. George Mitchell Foundation. 3 Reasons why Texas Needs New Water Management Approach.

  • February 15, 2018

Study: Advancing One Water in Texas

Study Conducted by: Cynthia and George Mitchell Foundation

Study prepared for: Dallas Morning News

3 Reasons Texas Needs a New Way to handle Water Management:

  • Holistic Water Decisions. Not Utility Decisions. 
    • All water needs should be considered together, including:
      •  drinking water, wastewater, stormwater and grey water 
  • Collaborative Process for Water Management.
    • The current system compartmentalizes decision making.
    • Collaborative decision making would be in the best interest for water management
  • Texas agencies and cities are already engaing in this thanks to the leadership and tenacity of a few innovators
    • Texas is the national leader in water reuse.
    • State Water Implementation Fund of Texas sets aside 20% for  conservation 
    • Arlington & Mesquite are embracing green infrastructure in new and innovative way

Dallas Morning News | Texas needs a new approach to water management before it’s too late

Lege Trend. Non meandered waters on private property are public waters for this purpose.

  • February 14, 2018

South Dakota is extending a law that protects recreational use of water on non-meandered waters that lay over privately owned lands

Legislation: SB 24 

Policy goal in South Dakota:  affirmatively state that  the waters belong to the public

Private property exception: nearly any private landowner could ask the state Game, Fish & Parks Commission to close all or part of the person’s water to recreational use

What is the impact to recreational use in South Dakota? More than two dozen waters to automatically be open because of their historical use.

 

New Regulatory Oversight. Grid Security. Meet the New Kid.

  • February 14, 2018

The new oversight:  Office of Cybersecurity, Energy Security, and Emergency Response at the Energy Department

Head of the new office:   will be led by an Assistant Secretary

Policy Goals of the new office:

  • energy infrastructure security
  •  support the expanded national security responsibilities
  • coordination and focus on protecting energy infrastructure, like the electric grid, from cyber and foreign attacks & natural threats

Funding: $96 million

Department of Energy | Secretary of Energy Rick Perry Forms New Office of Cybersecurity, Energy Security, and Emergency Response

The Hill | Energy Department creates new office for cyber, energy security

Lege Trend. Keep Profits. Invest in Grid & Renewables. Grid Security Carrot and Stick. + Opposite Arguments.

  • February 9, 2018

SB 966 in Virginia offers electric companies the aility to retain more profit in exchange for invesgtment in:

  • grid security upgrades
  • renewable energy investments

Opposition arguments were voiced by:

  • attorney general’s office consumer counsel
  • State Corporation Commission
  • Southern Environmental Law Center
  • the Sierra Club
  • a few large industrial electric customers

The opposition arguments were:

  •  the bill will effectively charge customers twice for the same spending because utilities will be using customer refunds to pay for grid and renewable spending and that becomes part of the utility rate base

What groups support the bill?

  • environmental groups
  • business groups
  • energy-efficiency advocates

Richmond Times Dispatch | Electric utility regulation bill advances in both chambers

 

Lege Trend. Curbing Eminent Domain by Electric Companies for 3rd Parties. 3 Steps to this bill.

  • February 9, 2018

Nebraska Senator Tom Brewer looks to stop  Nebraska electric utilities from using eminent domain authority to obtain right of way “on behalf of a third party accessing the infrastructure to sell electric energy.”

How does LB 752 work?

  • LB 752 applies to all entities engaged in generation or transmission
  • LB 752 stops right of way aquisition
  • LB752 prohibits right of way acquisition if the right of way is to be used by 3rd party accessing infrastructure to sell electricity

The author’s goal? Eminent Domain should not be used by private parties.

Omaha World Herals | Nebraska State Sen. Tom Brewer aims to restrict electric utilities’ eminent domain authority

 

Read the Bill: Tax Cap. Power Generation Tax Credits.

  • February 8, 2018

Oklahoma is considering HB 1035 that will cap the amount of tax credits for power generation from zero-emmission facilities to $18 million per year. 

Supporters Say: the state was too generous with the tax credits

Opponents Say:   Wind facilities relied on these credits and if OKlahoma goes back on its word, it establises itself as a bad state for business

News OK | Legislative committees to consider tax bills supported by Step Up Oklahoma

 

 

Anatomy of Solar Energy Compromise in the West.

  • February 8, 2018

Utah legislators reached a compromise on SB141 for rooftop solar.

What’s in the compromise?

  • Purchasers of rooftop solar systems between Jan. 1, 2007, and Dec. 31, 2017, will receive the $2,000 state tax credit
  • tax credit decreases to $1,600 for systems purchased after Jan. 1, 2018, and on or before December 2020
  • By 2023 the tax credit is reduced to $400
  • The net metering compromise preserves status quo rates for thousands of rooftop solar customers in the state for their solar production through 2035

KSL.com | Utah lawmakers approve rooftop solar compromise bill

 

State with Highest Energy Storage goal is…

  • February 7, 2018

New York Governor Cuomo is hinting the state will set its energy storage goal at above 1.5 GW by 2030.

Above 1.5 GW by 2030 would make NY’s standard the nation’s highest followed by:

  • California at  1,300 MW by 2020

Is there money behind 1.5GW by 2030? Yes, 

  •  $200 million from the New York Green Bank
  • $60 million from NYSERDA 

Utility Dive | New York could be headed for the country’s most ambitious energy storage goal

2 Policy Requirements for EV Charging Station Regulations…

  • February 5, 2018

As regulators fine tune EV charging station policies, 2 security issues with EV charging stations have been spotted by tech experts:

  • EV charging stations are not required to transmit charging authorization information in an encrypted format
  • EV charging stations are not required to prohibit duplicates of the same numbered card

Tech Crunch | Electric car charge-station payment systems may lack basic security measures

Lege Trend. Well Capping. Fund Dedication. New Allies. What you need to know:

  • February 5, 2018

Ohio is considering HB225 (2018) that will require:

  • 45% of a state fund used for oil and gas programs will be dedicated to capping idle & abandoned wells
    • 14% increase in funding
  • Ohio Oil and Gas Association & the Ohio Environmental Council both support the cause

The Blade | Oil and gas association, environmental group team up on capping idle, abandoned wells

 

Pipeline Financier Protest at Super Bowl. Who. What. Where.

  • February 1, 2018

Who: Opponents to the Dakota Access Pipeline from Iowa + Indigenous Iowans and others from across the Midwest

Why: to protest the four-state pipeline eminent domain

Where: Protesting eminent domain at the Super Bowl in Minneapolis at the US Bank Stadium.  U.S. Bank has a banking relationship with the pipeline company

Des Moines Register  | Iowa environmentalists heading to Super Bowl to protest Dakota Access pipeline

Moody's Sets out Impacts to Utilities from Federal Tax Cuts

  • February 1, 2018

As Governors, Legislators and regulators look to cut utility rates to reflect the federal tax cut, Moody’s makes these points about the impact of federal tax cuts on utilities:

  • tax reform is credit negative for utilities
  • creates a short term cash flow problem
  • will dilute a utility’s ratio of cash flow before changes in working capital to debt by approximately 150 to 250 basis points on average

What other impacts will the federal tax c uts have on unitlities?

  • 24 states are conducting regulatory proceedings on the impact of accumulated deferred income taxes from past years
  • The Brattle Group says “Returning tax savings to customers does not poses a “threat to the fundamental value” of a utility and will not necessarily affect “book return on equity or the present value of future cash flows, but it does create a near-term cash flow problem,”

 

Utility Dive | For utilities, the new corporate tax cuts are a double-edged sword

Lege Trend. Criminal Penalties for Pipeline & Electric Facility Protests. Read the Bill.

  • January 31, 2018

Iowa is considering SSB 3062 which would criminalize protesting critical infrastructure, including:

  • pipelines
  • electrical critical infrastructure
  • chemical critical infrastructure 
  • Telecommunications or broadband critical infrastructure 
  • Water & Wastewater critical infrastructure 

What’s the new crime’s name?  critical infrastructure sabotage. 

The criminal penalty: class “B” felony, up to 25 years and a $100,000 fine

Eco Watch | As Trump Unfurls Infrastructure Plan, Iowa Bill Seeks to Criminalize Pipeline Protests 

+ 1 City Installs EV Charging Stations. Just the facts 7 the numbers so you can duplicate it.

  • January 31, 2018

City: Seattle

Seattle installed which EV charging stations? 2 fast-charging stations for electric vehicles
 

What is Seattle charging for use of the super charging stations? 

  • 43 cents per kilowatt-hour to charge
  • This is about $10.70 to fully charge a Nissan Leaf

Other numbers to know about Seattle’s super charger stations?

  • 80 miles of range per 20 minutes of charge time
  • Seattle will install 18 additional supercharging stations in 2018

Geekwire | Seattle City Light installs first city-owned electric vehicle fast-charging stations

Regulatory TREND. Texas Electric Rate Reduction Due to Federal Tax Savings. PUC + RRC.

  • January 29, 2018

The Texas Pulic Utilities Chair joins the refrain calling for reduced elecrtric rates base don the federal income tax savings.

3 things to know:

  • The PUC Chair calls for rate case in light of federal tax savings
  • The PUC will take the matter up on 2/15
  • PUC has asked all utilities to track their rates under current system & under the tax cut

Quote from PUC CHair Walker: “People today are paying something that they shouldn’t be, in my mind,” 

Houston Chronicle | PUC chairman raises concerns about CenterPoint’s rates

Study. Best Fee Structure for EV Charging to Shift Load Off Peak. 3 Key Points.

  • January 24, 2018

What entity conducted the study? Salt River Project in Arizona + the  Electric Power Research Institute

What were the parameters of the Study? 100 EV drivers charging habits were studied by  installing Fleetcarma data loggers in their vehicles

What did the study show?

  • time-of-use (TOU) rates were effective at helping push those loads off peak
  • TOU rates will allow the electric provider to meet customer demand without needing to add power plants
  • The utility is concerned whether the TOU will withstanding increased scale, backed by concerns that new EV drivers may not be “as sophisticated”

What’s the game plan for the provider? outreach programs for new EV drivers

Electric Light & Power | Salt River Project provides results of electric vehicles study

Utility Dive | Time-of-use rates can manage EV charging, new report says 

Republican State Rep Takes on Power Line Eminent Domain. 3 Things Land Agents Said to Anger Land Owners.

  • January 24, 2018

Why did a Pennsylvania Republican State Representative took on transmission line agents? Constituents say line agents were pressuring land owners

What bad acts by line agents triggered constituent unrest?

  • Agents said they would  “call the sheriff’s office and arrest residents who did not sign letters”
  • Agents were seeking pre-condemnation access before the transmission line project was approved by the requisite state agency
  • Agents gave land owners a letter that misrepresented state eminent domain laws

York Dispatch | State rep takes on power line agents who pressured residents

 

 

Regulatory Trend. + TX RRC. 3 Quotes. Reduce Gas Utility Rates. Pass Along Federal Taxes.

  • January 24, 2018

Add the Texas Railroad Commission to list of regulators wanting gas utilities to pass along federal tax benefits to ratepayers.

RRC Chair Craddick’s statement:

  • “We will look at the effect on gas rates to guarantee companies share their savings with their customers, allowing Texans to keep more of their paycheck as (the new tax law) intended,”

RRC spokesperson statements:

  • “I can just tell you without question that (Texas gas utility customers) will see the impact of it at some point soon,”
  • “We want to make sure that (gas utility) companies have a directive from this agency to set aside the cost-savings for the purpose of giving those dollars saved back to the consumer” one way or another

Statesman | Texas regulators want gas utility customers to see tax-cut savings

Refreshing your informed:intel recollection on January 16, 2018:

Texas Attorney General Paxton is joining the chorus to pass along federal tax savings by lower utility rates. Here’s what you need to know:

  • General Paxton joins 17 other states in asking FERC to allow for lower utility rates
  • FERC must take action to ” adjust the public utilities’ revenue requirements to reflect this federal corporate income tax reduction”
  • The FERC revenue change would bring lower rates faster than an after-the-fact “true-up” 

Southeast Texas Record | Paxton part of coalition asking Federal Energy Regulatory Commission to reduce utility rates

Refreshing your informed:intel recollection, on January 11, 2018: 

Where: New York

What are regulators doing to lower utility rates? At the behest of the Governor, regulators are analyzing how much utility companies will save from the federal tax cuts and transfering that savings to lower utility rates

How much of a savings is esgtimated? $80 million statewide savings, translating to a 2% reduction in utility bills.

Albany Times Union | PSC, Cuomo want Trump utility tax cuts to benefit ratepayers

2 Reasons. Small TX Utilities. Not Clean Water. 2019 Prep Work.

  • January 23, 2018

Background: 

  • A 2018 study by  Environmental Working Group found 37 small Texas water utilities violate federal standards for radium
  • A 2016 study that founf 34 rural Texas drinking water systems violatr arsenic standards
  • A 2016 study found that 53 of the 100 community water systems with the most violations are int Texas

2 Reasons we got here:

  • Lack of resources for small water utilities
  • A skeptism of federal water standards

Tyler Morning Telegraph | Why are Texas’ smaller utilities not cleaning up drinking water?

Electric Power Company + State Government + Ride Share = EV Charging Station Project. Anatomy of Live Electric

  • January 22, 2018

The business entity behind the LIVE ELECTRIC campaign: Rocky Mountain Power

Goals of the LIVE ELECTRIC campaign: 

  •  incentivize the move toward electric vehicles
  • by installing new DC fast-charging stations 
  • to support 50,000 more electric cars on Utah roads in the next 10 years

The benefit to ride share: improved accessibility for EV ride share drivers

Rocky Mountain Power’s partners in LIVE ELECTRIC:b

  •  Department of Energy
  • Utah Clean Cities
  • State of Utah
  • Local community partners

http://www.liveelectric.org

NASDAQ Global News Wire | Rocky Mountain Power, Summit County and Salt Lake City Partner With Uber and Lyft to Reduce Emissions

Lege TREND. Water Planning Bill Exempts Private Wells. Let this Bill be your drafting Guide.

  • January 18, 2018

New Hampshire Legislature is considering House Bill 1226 (2018) that exempts from drought restrictions private wells.

What supporters say:

  • This is basic Property Rights
  • This is the legal tradition for riparian rights
  • If opponents want to stop private wells from use during drought, then private wells should be reimbursed for the property rights loss

What opponents say:

  • private wells still draw down water reserves 

Concord Monitor | Homes with private wells would be exempt from drought restrictions

Regulatory Trend. + 1. TX AG: Reduce Utility Rates. Pass Along Federal Taxes. 3 Key Points.

  • January 17, 2018

Texas Attorney General Paxton is joining the chorus to pass along federal tax savings by lower utility rates. Here’s what you need to know:

  • General Paxton joins 17 other states in asking FERC to allow for lower utility rates
  • FERC must take action to ” adjust the public utilities’ revenue requirements to reflect this federal corporate income tax reduction”
  • The FERC revenue change would bring lower rates faster than an after-the-fact “true-up” 

Southeast Texas Record | Paxton part of coalition asking Federal Energy Regulatory Commission to reduce utility rates

 

 

refreshing your informed:intel recollection, on January 11, 2018: 

Where: New York

What are regulators doing to lower utility rates? At the behest of the Governor, regulators are analyzing how much utility companies will save from the federal tax cuts and transfering that savings to lower utility rates

How much of a savings is esgtimated? $80 million statewide savings, translating to a 2% reduction in utility bills.

Albany Times Union | PSC, Cuomo want Trump utility tax cuts to benefit ratepayers

Lege Trend. New Bond Posting for Pipelines in a Swing State.

  • January 16, 2018

Virginia’s HB 1294 requires a natural gas company to post a performance bond, a water quality impact bond, to be accessed for a pipeline project that damages water quality.

 

Roanoke Times | Roanoke, Blacksburg Democrats roll out pipeline-related bills

Lege Trend. Purple State Bill Penalties for Pipeline Leaks & Clean Water Testing

  • January 15, 2018

Virginia’s HB 1188 will: 

  • Require independent water quality tests before pipeline operations begin
  • Provides for annual groundwater testing
  • Prohibits pipeline leaks
  • Requires daily checks of pipeline operations
  • Establishes financial penalties for gas leaks

Roanoke Times | Roanoke, Blacksburg Democrats roll out pipeline-related bills

Lege Trend. Pipeline Limitations in a Swing State. Pipeline Surveying has 3 Hurdles.

  • January 15, 2018

Virginia’s HB 1187 (SB 324) will:

  • Prohibit the surveying of land until a a public use certification has been issued
  • Requires notification to landowners about surveying timelines and locations
  • $500/day damages to landwoners if surveyers fail to meet the bill’s standards

Roanoke Times | Roanoke, Blacksburg Democrats roll out pipeline-related bills

Regulatory TREND. New Drinking Water Standards in MI. 4 Revisions for Chemical Industry.

  • January 15, 2018

  • State remediation required if per- and polyfluoroalkyl levels that meet or exceed 70 parts per trillion
  • Applies to both commercial and residential drinking water
  • New regulatory standards backed by Governor
  • This new standard mirrors the EPA guidelines

What was the catalyst for the new standards:

  • legacy pollution from a former chemical dumping site that’s impacting at least 14 communities
  • A December 2017 supplmental spending bill that provides $23.2 million in state money for clean up

The Detroit News | Michigan sets limit for chemical contaminants in water

Lege Trend. Clean Drinking Water Bill Hits Surface Water, Public Drinking Water & Bottle Water. 4 Key Points.

  • January 12, 2018

New Hampshire’s HB 485 (2018 Session), calls for clean drinking water by:

New Hampshire Public Radio | N.H. Legislature To Take Up Several Bills On Water Contamination, Health Hazards 

Regulatory Trend. Federal Tax Cut Bill Leads to Regulatory Slashing Utility Rates. Where. What. How.

  • January 11, 2018

Where: New York

What are regulators doing to lower utility rates? At the behest of the Governor, regulators are analyzing how much utility companies will save from the federal tax cuts and transfering that savings to lower utility rates

How much of a savings is esgtimated? $80 million statewide savings, translating to a 2% reduction in utility bills.

Albany Times Union | PSC, Cuomo want Trump utility tax cuts to benefit ratepayers 

TRENDs. CEOs list 5 energy market trends for 2018. Regulatory & legislative plans write themselves with this list.

  • January 10, 2018

  • Consumer Facing products compete with Utilities. 
    • ​CEO: Adrian Tuck, CEO of Tendril
    • 4 Ways retailers can smartly react:
      •  All-digital offerings
      • Laser-focused data analytics
      • DERs bundled with smart home applications
      • Advanced software that manages supply risk and reduces customer turnover.
  • EVs
    • ​C-Suite: AEE Matt Stanberry, vice president of market development
    • What to watch: Utility Commissions opening an EV docket
      • Michigan did it already
  • Millenials
    • ​CEO: Patty Durand, CEO of Smart Energy Consumer Collaborative
    • 10 energy hot topics that Millenials want:
      • energy usage reports
      • app-based savings suggestions
      • prepaid billing
      • energy usage tracking
      • community solar
      • electric vehicles
      • energy storage
      • smart appliances
      • smart home
      • utilities that invest heavily in smart grid infrastructure upgrades and renewable energy generation 
  • Residential Customers Control More Energy
    • ​CEO: Sue Kelly, CEO of American Public Power Association
    • electricity consumption could increase due to new uses such as transportation & heating
  • DER aggregation picks up the pace- even more
    • CEO: Jon Wellinghoff, former chairman of the Federal Energy Regulatory Commission.
    • DERs will provide more transmission services
    • The benefit of DER aggregation: additional revenue opportunities during other hours of the year when the need is not there

Utility Dive | Predictions 2018: Customer engagement, smart energy platforms key DR trends this year

Mexico Deregulation. The transportation winner has 3 advantages

  • January 10, 2018

Trains are leading the way to transport fuel to meet Mexico’s demand.

3 Advantages to trains:

  • Train tracks already exist
  • Building pipelines take time to acquire land and build
  • Purchasing additional trains is quick and gives trains a 3-5 year head start

Kallanish Energy | Rail wins race to supply Mexico with U.S. fuel

Lege TREND. Solar + Storage = Disaster Recovery Go-To Energy Source. Read the Bill. 3 Key Points.

  • January 8, 2018

Florida Legislature is considering HB 1133 would make solar and energy storage the go-to solution for disaster recovery by:

  • Offsets emergency facilities’ power needs
  • Lessens the need for diesel generators
  • Aims to improve security after disasters

Florida HB 1133 (2018) 

Utility Dive | Florida lawmaker proposes to study solar+storage for grid recovery

Regulatory TREND. 5 Key Elements. Proposed Flow Line Rules for Pipelines. Post explosion.

  • January 8, 2018

Colorado Oil and Gas Conservation Commission proposes new rules for flow lines after a gas line explosion in 2017.

5 Key points from the proposed rules:

  • Flow lines that are permanently taken out of service must be disconnected, drained and sealed at both ends
  • Any above-ground portion of the flow lines must be removed
  • Energy companies may remove the lines
  • Required disclosure of flow line locations by energy companies
  • Adds requirements for designing, installing, testing and documenting flow lines

AP | Colorado debates new gas line rules after fatal explosion

Lege Trend. 2 Limits on Eminent Domain for Cross State Border Electric Projects. Read the Bill.

  • January 5, 2018

State: New York

2 limits on eminent domain: In the statutes that grant electric transmission lines and electric generators eminent domain authority, Assembly Bill 5463  prohibits eminent domain authority to be used for:

  • cannot build or expand a line that extends outside the US
  • cannot build or expand lines to conenct to electric generation outside the US

AB5463 (2018 NY)

New York Transportation Corporation Code Section 11

Data Security TREND. Power Plant Control System Hacked for 1st Time. Where. What. How.

  • December 28, 2017

Where: An undisclosed power plant in the Middle East

What was the hackers way into the system? a workstation running Triconex, a safety system developed by Schneider Electric

What did hackers do? Attempted to reprogram the control system, triggering a plant shutdown

Reuters | Hackers halt plant operations in watershed cyber attack

3 Reasons to Invest in Grid Security via GRID Institute

  • December 27, 2017

A Professor at the GRID Institute at the  University of Pittsburgh Swanson School of Engineering spells out 3 reasons to invest in grid infrastructure:

  • infrastructure is aging
    • Look to the Atlanta airport blackout to see the decay of the grid is a larger problem than hackers
  • our economy  is critically reliant on a reliable supply of electricity
  • today’s demands on the grid, see solar uploading energy, forces the grid to operate in a way for which it was never intended

The solution:

  • smaller regional “microgrids,”  that will offer a method of building greater resiliency, reliability, and security in our power infrastructure +
  • A national high voltage direct current (HVDC) system

The Hill | A vulnerable power grid: Let’s invest in critical national infrastructure

Campaign Trend. TX HD 54- Water issue on campaign trail.

  • December 27, 2017

A 3 way Republican primary in HD-54 (Cosper) has one candidate making comment about water policy.

Challenger Republican Larry Smith, described as “a firebrand with a history of being loose with his words on the election trail” says:

  • Water rights is 1 of 2 key issues for him (the other is property taxes)
  • He favors simplifying water control in rural areas for farmers and landowners

Kileen Daily Herald | A glance at Texas District 54 candidates

Regulatory Future TREND. High Speed Internet over Power Lines. The Future is Coming.

  • December 26, 2017

AT&T began testing high speed intenet delivery over power lines.

The first 2 tests are occuring in the State of Georgia and a non-U.S. location.

Reuters | AT&T begins testing high-speed internet over power lines

Lege Trend. EV Charging Station Building by Cities vs. by Energy Companies. +1 for Cities. Read the Bill.

  • December 26, 2017

New Jersey is considering S3470S3471 that would rest the ability to build EV cganging stations with cities rather than energy companies.

What reasons do supporters have for wanting cities to be repsonsible for EV charging station planning?

  • EV charging stations should exist in all parts of NJ, not just prosperous areas
  • Universal service is essenbtial to EV charging station growth

Concern raised during the debate include:

  • Giving energy companies the ability to trigger underserved provisions of existing law when operating an EV station in an underserved area

NJ Spotlight | DEBATE OVER EV CHARGING INFRASTRUCTURE STARTS TO POWER UP

Regulatory Trend. New Transmission Line Requirements in California to Prevent Wildfire. A carrot & a stick.

  • December 15, 2017

The California PUC adopted rules to avert wildfires that require transmission line companies to:

  • increase the “clearances between vegetation and power lines” in high-risk zones

The rules also give transmission line companies new authority to:

  • disconnect customers who refuse to allow crews to come onto their property to remove trees that pose a fire risk

Business Trend. Battery Energy Storage Moves Offshore

  • December 15, 2017

Australia’s Woodside Energy is the first in the world to install  a microgrid with a 1MW lithium-ion PowerStore Battery energy storage system on an offshore platform.

Bonjour, Gulf Coast- oil platforms await energy sotrage systems.

Offshore Engineer | Woodside, ABB plan offshore battery first

New Study: Utility Savings are Regressive. 5 Easy Steps to be informed:

  • December 15, 2017

Who Conducted The Study: The University of Michigan’s Urban Energy Justice Lab 

Show me how utility savings benefit the wealthy? 

  • For every kilowatt-hour efficiency programs saved for low-income residents, up to 22 kilowatt-hours were saved for higher-income customers

Where’s the legislative/regulatory issue in all this?  Michigan’s Energy Waste Reduction requires that utilities seek “the most cost-effective programs which will benefit all Michigan residents and businesses.” But, the policy doesn’t account for the fact that low-income programs generally cost a lot more per-kilowatt-hour savings
 

What’s the hook from the study? That utilities underspent on low-income electric programs by around $74 million

What 3 factors increase KW costs for low income residents?

  • outreach can be more challenging
  • customers often aren’t asked to contribute as much money
  • housing conditions can increase the cost of improvements.

Midwest Energy News| In Michigan, study shows utility energy savings mostly benefit wealthier customers

Texas Eastern Neighbor Is Studying Selling Water to Texas. 2 Policy Concerns for the Buyer.

  • December 14, 2017

Louisiana’s Water Resources Commission has established a group to study the feasibility of selling water to Texas.

2 Policy issues for Texas Buying Water:

  • Is the water price affordable?
  • Is it reliable future source of water?

How does Louisiana’s action fit into Texas water policy? Texas passed legislation to create an interstate water commission to search for states willing to sell water

The Future Policy Issue for interstate water sale to Texas: pipeline infrastructure- how does Texas move the water from its borders to the cities that need the water supply?

Texas Public Radio | Louisiana To Study Interstate Water Sales To Parched Texas Communities

5 Ways Tulsa Became a Model for Development and Flood Prevention

  • December 11, 2017

  • Tulsa began aggressive flood planning began in 1984
  • Tulsa’s flood plan accounts for urban growth 
  • Development plans must include a network of drainage systems, creating green spaces that double as flood basins
  • Tulsa adopted strict rules, stricter than the national standards, on where and how homes and buildings are constructed
  • Tulsa paid for the program, that incudes buying flood zone properties, with a  fee to utility bills
    • The utility fee is offset by cheaper flood insurance prices because of the city’s strict flood plan

NPR | How Tulsa Became A Model For Preventing Floods

Data Security Trend. Energy Co. Customers Hit by Hackers Looking for Customer Data. The legislative issue.

  • December 8, 2017

The power company: Gulf Power Customer Data Breach is estimated to impact 22,000 customers.

The Hack:  Attacked bill payment centers that accept checks for various bill payments.

The legislative issue: Data Security policy issues for energy companies are 3 fold:

  • security of the the grid  +
  • security of customer data +
  • security of business data

3WEARTV | Data breach could impact 22K Gulf Power customers

 

Business Trend. 3 Points from a EV Charging Station in a Town of 1500

  • December 7, 2017

Midway, Kentucky,  has a new EV Charging Station. Midway has a population of 1500.

So, how did this quaint commuity end up as a location of an EV charging station?

  • Location, location, Location.  Midway is near I-64 and is near Frankfort, Louisville and Lexington
  • Community support.  The community looks forward to the potential for economic growth
  • Installed by Kentucky Utilities

Lexington Herald Leader | Electric cars sales are soaring. And now this small Kentucky city can charge them.

 

Legal Trend. Eminent Domain. Transmission. Native American Lands.

  • December 7, 2017

The 10th Circuit said NO, a utility cannot condemn tribal lands.

The utilities say- the 10th Circuit ruling “threatens the national power grid by effectively blocking Congress’ authorization of condemnation of allotted tribal lands”

What could this mean for Texas? The tribal lands between the Permian Basin and the border could impact pipelines and transmission lines for growth related to Mexico deregulation.

Eminent Domain and Real Estate Evaluation | Fox Rothschild | SCOTUS Asked To Hear Tribal Land Condemnation Case

2 Reasons States Cannot bar efficiency technologies from wholesale electricity markets

  • December 6, 2017

A December 1 order by Federal Energy Regulatory Commission requires:

  • states to not block energy efficiency from competing in regional electricity markets
  • there’s an exception for projects that are approved

3 Reasons Supporters Say the Order is crucial:

  • critical for maintaining free and open competition
  • permits all technologies competing on price and performance
  • allows  the best electric power services be delivered at the most reasonable cost to businesses and households

Utility Dive | States can’t bar efficiency technologies from wholesale electricity markets, FERC rules

3 Benefits from a Great Lake State Energy Job Law

  • December 6, 2017

Illinois Legislature enacted the Future Energy Jobs Act along with a requirement that 25% of the state’s power green by 2025 which has led to job growth by:

  • Building the 1st community solar project in the state
  • Attracted outside investors for projects that not-for-profit entities can’t individually afford
  • “onslaught of renewable energy development will create construction, engineering and other positions that directly or indirectly support new installations”

Journal Star | One year later, Illinois energy jobs law bearing fruit

3 Reasons Visitors Bureau Opposes a Transmission Line

  • December 5, 2017

The transmission line: Transource Independent Energy Connection Project

The visitor’s bureau: The Franklin County Visitors Bureau (Pennsylvania)

The opposition to the transmission line: 

  •  long-term and far-reaching negative impact on the entire tourism industry of Franklin County for perpetuity
  • distinctly uninviting and counter to what attracts visitors to the beauty of the county’s open spaces
  • Ag tourism is the backbone of the county’s fall tourism market

WITF | Franklin County Visitors Bureau opposes Transource power line

 

How many states do not tax drilling? 1

  • November 30, 2017

Pennsylvania is the only state that does not tax drilling.

5 Facts about oil and gas in Pennsylvania:

  • 1st state to drill for oil in the 1850s
  • 2nd-leading producer of natural gas
  • Industry has spent $60M to oppose a severance tax
  • It has an impact fee on drillers that generated $173 million last year
  • The severance tax is a big campaign issue

Governing | The Only Oil-and-Gas State Not Taxing Drilling

3 Differences between #1 & #50 state in privately developed community solar

  • November 30, 2017

Which state has 0MW privately developed community solar? California

Which is the top state for privately developed community solar? Massachusetts

3 Reasons Massachusetts is in the lead?

  • overall rate of compensation in Massachusetts is much higher
  • compensation in Massachusetts is easily understood and stable
  • the Massachusetts regulations are “manageable and rational.”

Utility Dive | A tale of 2 states: Massachusetts and California provide different lessons on growing community solar 

New Report. Grid Modernization Index. 3 Best States for Grid Modernization + 3 Takeaways.

  • November 27, 2017

Top 3 states for grid modernization:

  • California
  • Illinois
  • Texas

3 Takeaways from the new Grid Modernization Index:

  • California ended up on top because of its:
    • rapid acceleration to non-carbon energy sources is pushing California’s grid to modernize more quickly than any other state to accommodate higher penetrations of solar, energy storage and other demand-side resources
  • Illinois gets kudos for its  Future Energy Jobs Act (FEJA) and participation in the Illinois Commerce Commission’s (ICC) NextGrid initiative
  • Texas grid modernized because of its  booming solar and wind markets

PV Magazine | California, Illinois and Texas lead grid modernization efforts

4 lessons on Grid Security from Department of Energy’s Pacific Northwest National Laboratory

  • November 27, 2017

How to best protect an electric grid from hackers brought to you by the Department of Energy’s Pacific Northwest National Laboratory:

  • Information sharing. Voluntary information-sharing program among industry and the government to protect the entire grid system
  • Use the Data. Analyzing the collective data to  alert utilities of potential vulnerabilities
  • Improve situational awareness. develop an integrated, real-time view of utilities’ cyber risks
  • Use Tehcnology to Protect Technology. enable a shift from digital signatures and encryption to a “keyless” solution

Tri City Herald | PNNL protecting electric grid from cyberattack

Lege Trend. Tax Farmers to Save Water. 3 Lessons from the Rockies.

  • November 20, 2017

Colorado farmers supported a tax on farmers to promote water conservation.

What 3 things happened after the farmers were taxed for water use?

  • Agriculture water pumping fell by 30%
  • Farms did not close up shop
  • Aquifers are recharging by a reduction in groundwater pumping by farmers

Texas Public Radio | To Save Their Water Supply, Colorado Farmers Taxed Themselves

EV Charging Trend. Do Utilities Need Rate Design? 3 Reasons why the answer is YES!

  • November 15, 2017

According to Utility Dive the answer to whether utilities need rate design for EV charging stations are:

  • YES for  investor-owned utilities
  • YES if utilities or sttes have policies to put more EVs on the road 

3 Reasons why  proactive rate design necessary for EV charging stations?

  • to harness the flexibility of charging stations for grid services
  • to target when customers charge the vehicles (hello marketing!)
  • to avoid overloading the grid during peak demand

Utility Dive | Do utilities need rate design for electric vehicle charging?

What Government Permitted Infrastructure Reduces Flaring in the Permian Basin?

  • November 15, 2017

Pipeline infrastructure has reduced flaring in the Permian Basin.

What is an estimate of the flared gas in the Permian Basin? 

  • 9% of produced gas
  • that is 45.5 billion cubic feet of natural gas
  • and that is enough to provide electricty for 2.5 years for all the Permian Basin Counties

Dallas Morning News | Natural gas wasted by Permian Basin drillers could fuel a few Texas counties for over 2 years 

 

Refreshing Recollection. Wave Energy Hits Stateside.

  • November 15, 2017

Remember the wave energy project in Europe? Well, the The Department of Energy is spending up to $40 million to build a wave energy test facility on the Oregon Coast.

Which entities are partnering? US Department of Energy + Oregon State University

What type of contractors will they need? contractors that can connect the project  to the power grid by underwater cables

What’s the energy potential from the ocean? 10% according to the  Oregon Wave Energy Trust

Texas Public Radio |  Oceans May Host Next Wave Of Renewable Energy

Energy Saving Buildings. Cost Effective? The Results from a Western State.

  • November 15, 2017

Background: In 2012 Governor Jerry Brown executive order to require energy efficient new buildings. 

The new California state building standard: “zero net energy” projects

The new report found an increase of: adds 17 to 29% to the projected cost of some new buildings

Report recommendation: A cost-benefit analysis before proceeding with zero net energy projects.

 

2 Take Aways. 4 Bad Acting Utility Districts. Texas Editorial.

  • November 10, 2017

The Houston Chronicle editorial ” MUD Morass” lays out the following 2 problems with municipal utility districts:

  • TRANSPARENCY. MUD ballot propositions are announced in “secret and concealed in silence by special districts”‘
    • 10 special districts in Harris County asked for  $826 million worth of bonds on the November 2017 ballot
  • BAD ACTORS. Examples of utility district practices:
    •  Mount Houston Road MUD  lacked even a basic website to explain the ballot proposition & MUD refused to release phone numbers for its board of directors
    • Crosby MUD board of directors president refused questions about the bond proposition and referred people to the Crosby D.A.
    • The Woodlands’ neighborhood Timarron Lakes MUD “failed to warn that their property existed in the flood pool behind the Barker Reservoir.”
    • Cinco Ranch MUD president lives 20 miles away and didn’t go near the MUD during Harvey flooding

Regulatory Trend. Swing State Regulators Cap Net Metering. 2 Policy Goals. Read the Rules.

  • November 9, 2017

Where:  Ohio  PUC

The net metering cap for residential customers:  120% annual energy use

Additional regulatory changes by Ohio’s PUC will: reduce net metering credits for residential customers by 30+%

2 Policy Goals of the Ohio PUC:

  • establish consistent, state-wide parameters for net metering
  • foster a competitive marketplace for innovative products and services

OHIO PUC November 8 2017 Net Metering Rules 

Utility Dive | Ohio regulators trim credits, limit system size in new net metering update

Lege Trend. Keystone State Bill Requires In State Solar Credits. Read the Bill.

  • November 9, 2017

Pennsylvania Governor Tom Wolf signed HB 118 (2017) to tablize the state’s solar renewable energy credits.

Why was this bill necessary? The state’s solar renewable energy credits had a depressed value from being able to be purchased from out of state to meet renewables goals, but the credits could not be sold outside Pennsylvania. This created a glut of solar energy

The bill’s goals:

  •  balance the solar energy market in PA
  • grandfather in  systems already certified

PV Magazine | Pennsylvania requires solar SRECs to come from within the state

Utility Dive | New Pennsylvania bill requires solar credits to come from in-state

 

City + Chamber of Commerce + EV Charging Stations

  • November 9, 2017

The city of Barrie has received fiscal support from the Downtown Barrie Business Association (BIA) Board of Management to support Electric Vehicle Charging Stations throughout the city.

The Chamber of Commerce fiscal support is in the form of a “sponsorship/partnership for the hydro operational costs”

The pro-business support of EV stations:

  • potential economic benefit for businesses
  • EV stations require consumers to stay in the area for a longer time than a traditional gas station

Barrie Today | Downtown Barrie BIA offers to help pay for EV stations

Lege Trend. Bill Authorizing Reservoir Calls for NO Eminent Domain

  • November 7, 2017

In 2017 Florida Legislature passed legislation to create a reservoir south of Lake Okeechobee.

The kicker in the legislation: the project cannot use eminent domain becuase it requires land to be purchased from “willing sellers.”

TC Palm | Lake Okeechobee reservoir: Willing sellers contact SFWMD to offer more land

Energy Project Needs Easements. Cities Say No.

  • November 7, 2017

A city in Ohio is refusing to agree to easements for a proposed pipeline. 

How far is the city willing to go? 

  • The city rejected a $146,000 offer for the easements over city lands and right of ways
  • The city is making its case in federal court for an alternate route through less populated areas

What is the city’s policy argument? it is protecting the economic future. A study says the pipeline will cause the city to lose millions in economic development.

ABC News | Ohio city refuses to give up fight against gas pipeline

Regulatory Rate Trend. Separate Rate Classes for Solar. Largest Nationwide Request.

  • November 2, 2017

The North Carolina Clean Energy Technology Center quarterly report tallies solar policy actions.

The most common utility proposal: a separate Distributed Generation (DG) customer class but without a rate increase or rate change.

Why? 2 OPTIONS:

  • The new rate class would test regulators
  • The new rate class sets the stage for later rate changes

Is there regulatory or legislative precedent? Yes:

  • Montana & North Carolina have new laws that allow separate rate class as part of a comprehensive DG proceeding
  • Kansas Corporation Commission approved a separate solar rate class

How do these porposals compare historically:

  • solar policy change requests have increases 21% for Q3 2017
  • the largest portion of these solar policy requests relate to residential fixed charge and minimum bill increases

Utility Dive | In new trend, utilities propose separate rate classes for solar customers without rate increase

 

4 Part Policy Plan of Grid Security Supporters.

  • October 31, 2017

 Protect Our Power, a not-for-profit organization whose mission is to strengthen the reliability and resilience of the U.S. electric grid, supports a 4 part policy plan to strengthen grid security that includes:

  • Independent, thorough and candid assessment of exactly where improvements and upgrades are needed, in order of priority
  • Development of a collective national plan based on the independent assessment and codified by Congress, with oversight from the federal regulatory agencies
  • Regulatory reform, including the “development of improved, uniform standards for the North American bulk power system that rise to the level of detail and rigor required to meet the threats we face” ; 
  • Public and private funding mechanisms like  tax-exempt government bonds

The Hill Op-Ed | Escalating threats to infrastructure confirm our need to harden the electric grid

Legal Trend. Buckeye State Courts Join TX and PA on "at well" costs

  • October 30, 2017

A district court in Ohio has followed in the footsteps of Texas nad Pennsylvania to issue the first decision in OH to allow at well costs to be born by royalty owner.

Contractual language that includes “at the well” provisions” has been interpreted by courts in Texas and Pennsylvania to  “allow[s] energy companies to assign costs to royalty holders.”

Lutz v Chesapeake Appalachia, U.S. District Court, Northeast District of Ohio, Eastern Division, No. 4:09-cv2256.

Reuters | Court decision settles long-standing Ohio energy royalty dispute

Regulatory Trend. Building EV Charging Station Pilot Programs. 5 Policy Points from the Apple Blossom State.

  • October 30, 2017

Michigan Public Utility Commission is working on building a EV charing station program.

3 Steps the Utility Regulator Took to make it happen:

  • Solicited input from experts
  • Solicited input from stakeholders like:
    • utilities
    • automakers
    • charging equipment companies
    • environmental groups
  • 5 Regulatory policy questions MI wants to answer:
    • how to encourage charging during periods when rates are lower
    • impact on the electrical grid
    • where charging stations should be located
    • how to educate customers
    • the role of public utilities

Detroit Free Press | Got ideas for electric vehicle charging projects in Michigan? 

Anatomy of a Utility Settlement Agreement. 500 EV Charging Stations Included.

  • October 30, 2017

Duke Energy Florida settlement agreement was approved by the Florida Public Service Commission and includes:

  • $6 billion investment over 4 years
  • smart meters
  • grid modernization projects
  • optional billing programs
  • 700 MW of solar power facilities over the next four years
  • installation of more than 500 EV charging stations
  • up to 50 MW of energy storage under a pilot battery storage program
  • residential rate will be $123.88 per 1,000 kWh
    • includes a reduction of $4.65 per 1,000 kWh as a settlement benefit
  • commercial & industrial customer bills  will increase approximately 1% to 3% from 2019-2021

Next Gen Transportation News | Fla. Utility to Add 500 EV Charging Stations Under Settlement Agreement 

Lege Trend. Noise Limitations on Wind Power.

  • October 30, 2017

Vermont Legislators have imposed noise standards on wind energy projects.

Supports of wind energy say: the noise restrictions will chill wind energy in Vermont

Legislators say: the goal is to prevent sound from disturbing neighbors’ health and sleep

The Noise Limits:

  • Large wind projects limited to 42 dBA during the day and 39 dBA at night
    • Noise is measured 100 feet from the residence of a homeowner who isn’t participating in the project
  • Small and medium wind projects would be limited to 42 dBA
  • The new Vermont wind energy noise limits are not the lowest in the country 

Burlington Free Press | Lawmakers approve tighter sound rules on wind power

New Report. Link Between Failure to Map Transmission Lines & Wild Fires

  • October 26, 2017

The report is by: Bay Area News Group

What is the causal link between transmission line mapping and wildfires? California Department of Forestry and Fire Protection is investigating whether a utility’s equipment caused the fire

What’s the background on transmission line mapping in California? Transmission line mapping was sparked by a 2007 San Diego Fire and required by the California Public Utility Commission in 2008. The project has been delayed and has not been completed.

Mercury News | PG&E helped stall effort to map risky power lines prone to wildfires

TEXAS INTERIM CHARGES. 14 Water Charges. 5 Committees.

  • October 26, 2017

House Committee on Environmental Regulation 

#1. Harvey, TCEQ Rules & The Public.  Examine the Texas Commission on Environmental Quality’s (TCEQ) response and clean-up efforts related to Hurricane Harvey. Study whether current air, water, waste, and wastewater rules and regulations adequately protect the public, natural resources, environment, infrastructure, residential areas, and industrial facilities from damage caused by natural disasters. Evaluate the debris cleanup and removal process and whether current rules and regulations are effective in expediting cleanup efforts. Make recommendations on how natural disaster responses can be improved. 

House Committee on Natural Resources 

#1 Harvey & Flood Control. Examine the following issues within the Committee’s jurisdiction regarding Hurricane Harvey and flooding in general: the role of regional entities in developing projects to control flooding, both through new infrastructure and enhancing existing infrastructure; mitigation efforts that would reduce the impact of future flood events, and strategies to fund those efforts; and the response of public entities that own or operate dams to large-scale rain events, including how such entities make decisions regarding dam and reservoir operations during such events, coordinate with state and local emergency management officials, and communicate with the public. (Issued September 14, 2017) 

#2. More Harvey. Funding. Data. TWDB. In conjunction with Charge 1, study the following additional issues related to Hurricane Harvey and flooding in general:

    1. The development of the initial State Flood Plan by the Texas Water Development Board, and how the plan might be enhanced or focused in light of Harvey;

    2. Science and data availability and needs related to flood risk and to responding to flood events;

    3. The best methods of providing state financial assistance for flood infrastructure needs;

    4. Opportunities for improved collection and storage of flood flows for future supply

      needs; and

    5. The role of voluntary land conservation efforts, including conservation easements, in

      preventing and mitigating flooding. 

#3 Groundwater Deep Dive. Evaluate the status of groundwater policy in Texas, including the following issues:

    1. Progress and challenges in encouraging coordination and consistency in aquifer-wide

      management and permitting practices;

    2. Developments in case law regarding groundwater ownership and regulation;

    3. Potential improvements to the existing groundwater permitting process, including those

      contemplated in H.B. 31 (85R);

    4. The appropriate consideration of the service area of a water supplier when groundwater

      resources are allocated based on surface ownership;

    5. The designation of brackish groundwater production zones and related research;

    6. Groundwater data and science needs; and

    7. Emerging issues in groundwater and surface water interaction, in particular in areas of

      increasing competition for scarce resources. 

#4 Water Markets.  Examine the status of water markets in Texas and the potential benefits of and challenges to expanded markets for water. 

#5 Water Issue Outreach.  Examine the potential value, the necessary elements, and the implications of a broad-based information and awareness campaign regarding water issues in Texas. Consider input from water stakeholders, educators, and communications experts. 

#6 Utility Decretification. Evaluate the results of the expedited decertification process created under S.B. 573 (82R). Include an evaluation of the process for resolving disputes around this process and assessing compensation for utilities whose service areas are decertified. 

#7 Water Availability Models. Analyze the need to update Water Availability Models for the river basins in this state. 

#8 Abandonded Groundwater Wells. Study the hazards presented by abandoned and deteriorated groundwater wells, and make recommendations to address the contamination and other concerns these wells may represent. 

#9 Water from our Neighbors. Examine opportunities to enhance water development opportunities involving neighboring states and Mexico. Evaluate lessons from previous attempts to import new water supplies, as well as the impacts of noncompliance with the 1944 treaty with Mexico on the Rio Grande Valley region. 

House Committee on Special Purpose Districts 

#2 Water District Bonds. Review the statutes and procedures related to state approval and oversight of water district bonds that finance utility, infrastructure, and other projects. Identify opportunities for improving the state’s oversight of bond issuance and make recommendations for statutory changes. 

 

Agriculture, Water and Rural Affairs Committee 

Streamlining Water Permitting: Study and recommend changes that promote streamlining of water right permit issuance and the amendment process by the TCEQ for surface water, and that promote uniform and streamline permitting by groundwater conservation districts for groundwater. Evaluate more transparent process needs and proper valuation of water. 

 

Regulatory Framework of Groundwater Conservation Districts and River Authorities: Study and make recommendations on the regulatory framework for managing groundwater in Texas to ensure that private property rights are being sufficiently protected. Study the role of river authorities and groundwater conservation districts including the state’s oversight role of their operations and fees imposed. 

Intergovernmental Relations Committee 

Special Purpose Districts Bond Reform: Study the state agency review of tax exempt bonds issued by special purpose districts and public improvement districts used to finance water and sewer infrastructure in new residential and commercial developments. Examine the disparities that exist between the feasibility review of water and sewer bonds backed by property- based assessments and those backed by ad valorem taxes, and make recommendations that ensure the continued stability of the Texas tax- exempt bond market by requiring all districts to undergo appropriate reviews prior to issuance. 

85th Texas Legislature Interim Studies | Texas House | Texas Senate

TEXAS INTERIM. 5 Oil and Gas Interim Studies. Ratemaking. Reactivation. Frac Sand. Roads.

  • October 26, 2017

House Committee on Energy Resources 

#1 Harvey. RRC Rules & the Public. Examine the Railroad Commission of Texas’ (RRC) response to Hurricane Harvey. Study whether current state rules and regulations are sufficient to protect the public, natural resources, environment, infrastructure, and industrial facilities from damage caused by natural disasters. Evaluate options to ensure the availability of fuel reserves for first responders during natural disasters. 

#2 Gas ratemaking. Study the Gas Reliability Infrastructure Program and its effect on gas utility ratemaking and ratepayers. 

#3 Reactivation.  Examine whether current statutes are adequate to encourage reactivation of non-producing oil and gas wells. Consider the potential economic impact of programs designed to reactivate non- producing oil and gas wells. 

#4 New Kid on the block: Frac Sand Mining.  Evaluate the evolution of frac sand mining in the Permian Basin and how it may impact county infrastructure and oil and gas development. Develop possible recommendations that could assist counties with frac sand mining to better prepare the area for the entrance of this new industry. 

#6 Energy impacting roads? Evaluate the impact energy exploration and production have on state and county roads and make recommendations on how to improve road quality in areas impacted by these activities. (Joint charge with the House Committee on Transportation) 

 

House Committee Transportation

#8 Energy impacting roads? Evaluate the impact energy exploration and production have on state and county roads and make recommendations on how to improve road quality in areas impacted by these activities. (Joint charge with the House Committee on Energy Resources) 

 

85th Texas Legislature Interim Studies | Texas House | Texas Senate

 

TEXAS INTERIM. Wind Energy Interim Studies. Wind + Property Rights.

  • October 26, 2017

House Committee on Energy Resources 

#5  Decommissioning & Property Rights. Examine how commercial wind energy facilities are decommissioned and whether current statutes adequately protect the rights of wind facility landowners. 

TEXAS INTERIM. 5 Electric Utility Interim Charges.

  • October 25, 2017

House Committee on Land & Resource Management 

#4   State Power Program  Study the State Power Program operated by the GLO, and interlocal agreements authorized under Government Code Chapter 791, to ensure accountability and transparency in program administration. Evaluate program offerings to public customers as compared to those available in the retail electric market, as well as the State Power Program’s contribution to other state programs. Make reform recommendations and analyze potential impacts to program beneficiaries. 

House Committee on State Affairs 

#1 Harvey & Electric Providers.  Evaluate the response of the electric utility industry to Hurricane Harvey. Determine whether current rules and regulations hinder effective responses to natural disasters in areas within the Electric Reliability Council of Texas (ERCOT) and outside ERCOT. Evaluate policy initiatives, best practices, and the effects of expanding distributed generation in order to restore electrical power, critical services, and infrastructure in areas impacted by a natural disaster. Study the impact of expanded distributed generation and advanced technology deployment on wholesale electric power prices and their impact on ratepayers. 

#2 Energy Efficient Buildings & Natural Disaster  Evaluate the durability and reliability of energy efficient buildings and facilities during natural disasters. 

#4 Electric utilities & recreational land use. Examine the liability of certain electric utilities that allow the public recreational access to land they own, occupy, or lease. 

 

Business and Commerce Committee 

Free Market Electricity: Examine the competitive nature of the Texas retail electric system and what government competitive intrusions in the free energy markets may have in distorting those markets. Review the impact of competitive versus noncompetitive retail electricity markets across the state in terms of price and reliability. Consider the projected impact of establishing competitive electric retail markets statewide. 

 

85th Texas Legislature Interim Studies | Texas House | Texas Senate

Business Trend. Amazon adds its largest Texas Wind Farm. By the Numbers.

  • October 23, 2017

Amazon launched a wind farm in Snyder TX on October 20th. 

Amazon’s Snyder TX windfarm details details:

  •  1,000,000+ MWh of clean energy
  • 100 turbines
  • 300 feet tall turbines with a rotor diameter more than twice the wingspan of a Boeing 787

Amazon’s foray into renewables throughout the US:

  • 18 wind and solar installations
  • 35 more in the works
  • Goal is to power 330,000 homes annually & support 100s of jobs

Amazon Press Release | Amazon Launches Biggest Wind Farm Yet – Company’s Renewable Energy Projects Will Together Generate Enough Clean Energy to Power More Than 330,000 Homes

5 Ways Utility and EV Chargers Are Linked by Policymakers.

  • October 17, 2017

  • Cost of EV Chargers.
    •  Will regulators/legislators allow utilities to rate-base infrastructure costs?
    • Will regulators/legislators permit a shift in costs from private installers and owners onto the general rate base?
    • Can investments be recovered through performance-based regulations?
    • How to incentivize investments by rewarding social benefits without exposing ratepayers to undue risk?
    • Will regulators and utilities adopt the free and open-source Open Charge Point Protocol to support interoperable information exchange for transactions and charger operations?

Forbes | Five Ways Utilities Can Gain From Building Electric Vehicle Charging Infrastructure 

Pipeline Capacity Battle Moves to Attorney General Office. 3 Key Pieces informed:intel

  • October 17, 2017

The Pipeline Capacity Battle: Massachusetts Attorney General Maura Healey is reviewing whether a pipeline is artificially constraining capacity.

What triggered the MA A.G. review of the pipeline? Environmental Defense Fund

What do opponents of the review say? That state regulators are not properly equipped for this review, it is more properly a review for FERC

Utility Dive | Massachusetts AG reviewing report on Eversource, Avangrid constraining pipelines

Red State Legislature Takes 2nd Shot at Nuclear Subsidy Bill. See the bill.

  • October 17, 2017

State: Ohio

The nuclear subsidy bill would be funded with:

  • A $2.50 monthly fee on residential customers
  • A fee of the lesser of 55 the monthly bill opr $3500 for commercial customers

The revisions in bill version #2:

  • lower fees (above)
  • shorter subsidy length. 12 years, instead of 16 years

Ohio HB 381 (2017)

Utility Dive | New Ohio bill reintroduces nuclear subsidy program as DOE pushes cost recovery NOPR

Business Trend. Big Oil Buys 80,000 Electric Charging Stations. Big Oil. Big Move. Big Regulation.

  • October 16, 2017

The Oil Company: Shell

The Charging Station Company: NewMotion that has more than 30,000 private charging stations and 50,000 public stations throughout Europe

Bloomberg New Energy Finance analysists predict by 2040 1/3 of cars worldwide will be EV that reduces oil need sby 8 million barrels per day.

The Hill | Oil giant Shell buys leading operator of electric vehicle charging stations

2 Issues When Oklahoma looks to sell Water to Texas

  • October 14, 2017

Oklahoma legislators are considering selling water from Northeastern Oklahoma to either Western Oklahoma or Texas.

What 2 issues are arising over the potential legislative approval of the water sale?

  • There is no way to guarantee how much water can be sold
  • Pipelines will have to be constructed to move the water to the buyer

Tulsa Public Radio | Lawmakers Discuss Selling Oklahoma Water

Lege TREND. Grid Innovation Caucus. 3 Ways to Modernize the Grid Legislatively.

  • October 12, 2017

The Grid Innovation Caucus: Congressional. Chairs are Robert E. Latta (R- OH) & Jerry McNerney (D- CA)

Why does grid security matter? Grid Security is fundamental to National Security & Clean Energy future

What bipartisan goals are there for grid security in legislative action?

  • Encourage and enable innovative advancements that improve security & reliability of the energy grid
    • Like encouraging new partnerships between companies whose cutting-edge technologies complement and enhance electric companies’ efforts.
  • Requires that legislators actively engage with industry leaders
  • Requires that consumers  consumers have  more customer choice, enhanced integration of all energy sources, & improved reliability and security

Does the Grid Innovation Caucus have Partners? Yes:

  • Edison Electric Institute
  • National Electrical Manufacturers Association
  • GridWise Alliance
  • + they hosted the House Grid Innovation Expo

Utility Dive | Op-Ed the Grid Innovation Caucus | A bipartisan view on modernizing the US electric grid

Business TREND. Land Based Wave Energy Project. Get Up to Speed in 8 seconds.

  • October 10, 2017

PHI Group, Inc. and AQuarius Power, Inc. , a Texas Company, to exclusively sublicense, sell, build, own and/or operate the AQuarius wave energy systems in Eastern Europe and the European Region.

What do I need to know about wave energy?

  • Land-based wave energy system using a combination of gravity and “buoyancy” (the interaction between air and water) to produce power
  • The power from wave based energy can generate electricity and / or produce potable water.
  • It is a baseload zero carbon footprint
  • Potential to instal virtually anywhere
  • cost effective (operating cost is comparably low as hydroelectric systems.)
  • can be built turn-key within 6 months of obtaining permits
  • operating life of over 60 years
  • clean, scalable, reliable, and extremely flexible. 

Business Insider | PHI Group and AQuarius Power Provide Breakthrough Land-based Wave Energy Technology to EuropeFirst system to be built in Romania in coming months

Energy Alliance in this State Calls for More Taxes on Itself. Part of the budget solution.

  • October 9, 2017

Oklahoma’s Alliance of Energy producers called on the Oklahoma Legislature to retore a 7% tax rate on oil and natural gas production.

Why is industry asking to be taxed? To help fix the OKlahoma budget deficit

The Ada News | Speaker calls for restoring 7 percent tax rate for oil and gas production

New Accenture Report: Utilities & Grid Security. What did Utilities say?

  • October 6, 2017

  • 63% of utility executives believe “their country faces at least a moderate risk of electricity supply interruption from a cyber attack on electric distribution grids in the next 5 years”
  • If you look at North American utility executives its 76%
  • 57% of world wide utility executives say power disruptions from hacks is the most serious concern
    • 53% say employee/consumer safety is the most serious concern
    • 43% say destruction of physical assets is the most serious concern
  • 77% of utility executives say the Internet of Things is a great threat to utility safety
  • Utilities executives in Europe and Asia think hackers are the greatest cyber threat, while North American utility executives say its cyber threats from foreign governments

Electric Light & Power | Cyber attacks could bring down power grid, many utilities think

 

6 Ways Farmers Say Wind Farms Are a Nuisance

  • October 6, 2017

Farmer in Iowa opines 6 reasons wind farms are a nuisance:

  • Wind Farms are LOUD. Wind lobby in Iowa wants to increase the noise level to 45 and 60 dBA from the current level of 25dBA
  • Wind Farms Create pressure wakes and turbulance impacting humans and animals.
  • Wind Farms shadows impact crops.
  • Wind Farms decrease farming efficiency and complicate farming.
  • Wind turbine blades fall off at a rate of 1 per 61 turbines. Danger. Danger. 
  • Wind turbines kill birds.

Wallaces Farmer | Industrial wind farms a horrible nuisance

Water Project Begets Private Property Rights Lawsuit Over Mineral Rights. Legislative Lessons from the North.

  • October 5, 2017

State: North Dakota

What happened with this land to trigger this bill? The landowners say that the state took their oil and gas mineral rights from property acquired by the federal government for the construction of the Garrison Dam. The State Supreme Court agreed.

What was the Legislative fix? To except mineral rights from land transactions by the state as it relates to the dam project

The Bill: North Dakota SB 2134 (2017)

Bismark Tribune via Dickinson Press | Family ‘elated’ over ND Supreme Court ruling in mineral dispute

3 Points from Federal Grid Security Legislation Filed This Week

  • October 5, 2017

A House Companion to the Senate’s, Securing Energy Infrastructure Act of 2017 by Senator Angus King (I-ME) and Senator James E. Risch (R-ID), has been filed by Congressman C.A. Dutch Ruppersberger (MD-02) and Congressman John R. Carter (TX-31). The legislation will:

  • “establishes a two-year pilot program to study covered entities and identify new classes of security vulnerabilities and research and test technology – like analog devices – that could be used to isolate the most critical systems of covered entities from cyber-attacks
  • develops a working group to evaluate the technology solutions proposed and develop a national cyber-informed strategy to isolate the energy grid from attacks
  • requires the Secretary of Energy to submit a report to Congress describing the results of the program, assessing the feasibility of the techniques considered, and outlining the results of the working group’s evaluations.”

 

Congressman Rup[ersberger | RUPPERSBERGER INTRODUCES HOUSE COMPANION TO SENATE ENERGY GRID SECURITY MEASURE

Business Trend. 28 Utilities Join RESTORE to boost grid resilience

  • October 4, 2017

The 28 utilities: Ameren Missouri, Ameren Illinois, Ameren Transmission Company of Illinois, American Transmission Company LLC, Associated Electric Cooperative, Inc., six Duke Energy utilities, Duquesne Light Company, East Kentucky Power Cooperative, Entergy Corporation, Florida Power and Light Company, ITC Midwest, ITC Transmission, METC, Santee Cooper, and South Carolina Electric & Gas Company.

What is RESTORE?  Regional Equipment Sharing for Transmission Outage Restoration – was founded in 2016 by Louisville Gas and Electric and Kentucky Utilities, PPL Electric Utilities, Tennessee Valley Authority and Southern Company.

What is the Goal of RESTORE?

  • address the threats outlined earlier this year in the Department of Energy’s Strategic Transformer Reserve Report
  • Utility cooperation
  • Increase ability to call on additional resources among utilities

Utility Dive | 28 utilities join RESTORE program to boost grid resilience, reliability

 

Legal Trend. Delegating Eminent Domain to an Energy Company is Constitutional.

  • October 4, 2017

The 5th circuit is chiming in on whether Texas delegation of eminent domain authority to a pipeline is a violation of the constitution.

The 5th circuit’s opinion- Probably Constitutional.

Why just probably Constitutiona? Because the ruling related to an injunction not the issue of constitutionality itself. 

Boerschig v. Trans-Pecos Pipeline, L.L.C. , No.  16-50931 (Oct. 3, 2017)

Reuters | 5th Circuit rebuffs Texas rancher’s challenge to pipeline

 

TREND. Right & Left Joining Forces Against Energy Projects.

  • October 2, 2017

How is eminent domain bringing together “gun toting conservatives” & “liberal envrionmentalists”? Eminent Domain use for pipelines

Tell me where this is happening…? In Virgina & North Carolina with opposition to the Atlantic Coast Pipeline, which is set to bring natural gas from West Virginia, Pennsylvania, and Ohio to electric power plants in Virginia and North Carolina

(it also happened in Keystone XL)

Duke University  | The Chronicle | They’ll be singing Kumbaya

TREND: Reverse Demand Response. 3 Key Points

  • September 28, 2017

Arizona  Public Service is going to start using reverse demand response.

What is reverse demand response?

  • Its definitely not load shifting.  “Reverse demand response is very different than load shifting.”
  • It definitely is flexible & open to ” all non-residential dispatchable loads with at least 30 kW of demand.”
    • the key phrasing: specific to dispatchable non-essential load
  • it means free energy for the customer and Load serving entities can make money by having more load

Utility Dive  | Arizona utility will use ‘reverse demand response’ to avoid renewables curtailment