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November 6, 2024

FERC Doubles down to Deny Killingly Rehearing

FERC on Wednesday issued an order affirming its decision to deny rehearing to NTE Energy on the termination of the company’s capacity supply obligation for its Killingly Energy Center (ER22-355-001).

The decision brings ISO-NE one step closer to being able to move forward with releasing the results of Forward Capacity Auction 16, which have been held in limbo since the auction was held Feb. 7.

In its order, FERC again agreed with ISO-NE that NTE was not on track to meet a May 2024 critical path milestone for commercial operation of Killingly, using previously confidential documents submitted by the RTO to cement its case against the developer of the Connecticut natural gas-fired project.

The order includes the first public discussion of a report from Lummus Consultants International, which concluded that Killingly could achieve construction by 2024 on an “aggressive” schedule, but only by obtaining full notices to proceed without financing in place.

“The record does not support accepting this premise,” FERC wrote, and the Lummus report also concluded that a “realistic scenario” would see Killingly miss the deadline by several months.

Also made public for the first time were details of a letter from Korea Western Power Co. that asserts it was seeking government approval for a financing deal for Killingly, but, as FERC notes, the company “makes no commitment to finance the … project … nor does it indicate the level of financing being considered.”

Despite the resolution of the rehearing request, ISO-NE is still unable to announce the results of FCA 16 because a stay from the D.C. Circuit Court of Appeals remains in effect, an RTO spokesperson said. The grid operator has asked the court to dissolve that stay, given that NTE has also forfeited its financial assurance and therefore was on track to lose its CSO regardless of FERC’s ruling.

The results of FCA 16 as well as the planning timeline for next year’s FCA 17 have been thrown into doubt by the court’s last-minute ruling, which upended the process. (See Killingly Uncertainty Could Delay Capacity Auction Results Another Month.)

CenterPoint Energy Turns in Solid 2021 Performance

CenterPoint Energy (NYSE: CNP) continued its recovery from a disastrous 2020, reporting strong year-end and fourth-quarter earnings on Tuesday.

The Houston-based utility last year earned $1.39 billion ($2.28/diluted share), compared with a loss of $949 million (-$1.79/diluted share) a year earlier.

Fourth-quarter earnings were $641 million ($1.01/diluted share), up sharply from $151 million ($0.27/diluted share) for the same period of 2020.

Earnings adjusted for non-recurring gains came in at $0.36/share, exceeding Zacks Investment Research’s consensus estimate of $0.31/share.

<img src="//www.rtoinsider.com/wp-content/uploads/2023/06/140620231686782180.jpeg" data-first-key="caption" data-second-key="credit" data-caption="

CenterPoint CEO David Lesar 

” data-credit=”CenterPoint Energy” data-id=”3730″ style=”display: block; float: none; vertical-align: top; margin: 5px auto; text-align: left; width: 200px;” alt=”Dave-Lesar-(CenterPoint-Energy)-FI.jpg” data-uuid=”YTAtNjg3Nzg=” align=”left”>CenterPoint CEO David Lesar  | CenterPoint Energy

“2021 was a great year for CenterPoint with quarter after quarter of meeting or exceeding expectations,” CEO Dave Lesar said in a statement. “We have had seven quarters of execution … and are continuing to find ways to increase our capital plan over the course of our 10-year plan to benefit our customers and our investors.”

Central to the utility’s plans is the recently announced regional master energy plan with the city of Houston, labeled Resilient Now. CenterPoint is exploring the use of mobile electric stations that can power 200 to 300 homes while line crews restore damaged facilities and other grid and infrastructure hardening and modernization measures.

Lesar told financial analysts CenterPoint is now enrolling some of Houston’s surrounding communities. “Our focus is, ‘What does the grid need to look like in Houston and surrounding areas, given the fantastic growth we’ve seen in this market?’” he said.

In January, CenterPoint sold gas distribution businesses in Arkansas and Oklahoma for more than $1.6 billion. Future transactions could add to the utility’s ability to complete Resilient Now.

“It’s just a great option to have as we look at our ability to spend more capital here in what is essentially one of the crown jewels of CenterPoint, which is Houston Electric,” Lesar said, referring to the Houston distribution company.

CenterPoint’s share price closed at $26.49 Wednesday, 11 cents off Monday’s pre-earnings close.

Entergy Earnings Down from Year Prior

Entergy (NYSE: ETR) on Wednesday reported fourth-quarter earnings of $259 million ($1.28/share) and year-end earnings of $1.12 billion ($6.02/share) That was down from 2020’s fourth quarter of $388 million ($1.93/share) and the full year of $1.39 billion ($6.90/share).

The company’s results-adjusted non-recurring gains came in at $0.76/share, beating Zack’s consensus estimate of $0.70/share.

“Despite the unique challenges presented in 2021, we continued to deliver on our commitments and exceeded the midpoint of our guidance range,” Entergy CEO Leo Denault said.

The New Orleans-based company set its 2022 EPS guidance at $6.15-$6.45/share.

Entergy’s share price ended the day at $104.74, giving away most of its gains. That was only a 23-cent gain from the day’s previous close.

RI Agency Approves PPL Acquisition of Narragansett Electric

A Rhode Island agency overseeing the acquisition of Narragansett Electric by PPL (NYSE:PPL) provided its official approval on Wednesday, overcoming the last major regulatory hurdle in the $3.8 billion deal with National Grid (NYSE:NGG).

The Rhode Island Division of Public Utilities and Carriers provided its final 334-page report and order on the acquisition after several months of public testimony and filings, determining that the deal would not adversely impact customers in the state.

“The division finds that after a thorough examination of the record in this docket, including the many public comments that were offered, the evidence demonstrates: that the facilities for furnishing service to the public will not thereby be diminished [if the petition is approved], and that the purchase … [and] sale … and the terms thereof are consistent with the public interest,” it said.

The announcement comes just days after PPL’s fourth-quarter earnings call in which the deal was a primary discussion topic among the company’s leadership and stakeholders. (See PPL Announces Losses, Dividend Cut in Q4 Call.)

PPL spokesman Ryan Hill said the company was “pleased” that the division approved the sale of Narragansett. It will announce the completion of the acquisition upon close, which CEO Vince Sorgi said last week could occur as soon as March.

“We appreciate the division’s thoughtful consideration of our petition for approval,” Hill said. “We look forward to the successful close of this transaction and are excited about the opportunity the acquisition will present for PPL to drive significant value for Rhode Island families and businesses and advance a cleaner energy future.”

PPL received FERC approval for the purchase of Narragansett in September, but the utility needed final approval from the division for the deal to go through. (See FERC Approves PPL Acquisition of Narragansett.)

In filings and testimony last year regarding the acquisition, staff from the office of Rhode Island Attorney General Peter Neronha opposing the deal, saying PPL provided insufficient information to ensure ratepayer protection and that more protections needed to be required as part of the approval.

The AG staff also said compliance with Rhode Island’s 2021 Act on Climate should be a condition of approval. The state climate law, signed in April by Gov. Dan McKee, requires a net-zero economy in the state by 2050, but National Grid and Narragansett have claimed the emissions-reduction statute does not apply to public utilities. (See Rhode Island Makes 2050 Net-zero Target Legally Binding.)

During last week’s earnings call, Sorgi said the company was confident it would ultimately win approval for the acquisition. He said PPL has been a “clear leader” in the development and deployment of the kind of smart grid technology Rhode Island will need in achieving its decarbonization goals in the Act on Climate.

The deal was first announced almost a year ago. (See PPL to Sell UK Business, Acquire Narragansett Electric.) It gives Pennsylvania-based PPL its first foothold in ISO-NE after operating in PJM since its inception.

National Grid spokesman Ted Kresse said the sale is a transfer of “ownership of 100% of the outstanding shares of common stock” of Narragansett. Narragansett will continue to own and operate its assets and “maintain all of its franchise rights for the provision of electric and gas distribution service in Rhode Island, under the management and control of PPL Rhode Island.”

“We look forward to completion of the sale,” Kresse said.

Dragos: Electric Industry Cyber Preparations ‘Very Successful’

The cybersecurity landscape in 2021 was marked by an escalation of both known cyber vulnerabilities in U.S. industrial organizations and activity groups seeking to take advantage of those weaknesses, according to an analysis released by cybersecurity firm Dragos on Wednesday.

At the same time, the company said North American electric utilities were “very successful” over the year at taking action to safeguard their industrial control systems (ICS) and operational technology (OT) computer networks from the emerging global threats.

Robert Lee (Dragos) Content.jpgDragos CEO Robert Lee | Dragos

Dragos CEO Robert Lee attributed the sector’s success partially to a history of taking the danger of cyberattacks seriously, but said a more direct cause of its resilience in 2021 was utilities’ positive response to the Biden administration’s “100-day sprints” for a range of critical infrastructure systems.

Biden’s initiative was launched in July for most sectors, but it started in April for the electric industry. (See Biden Reinstates Trump Supply Chain Order.) That effort, led by the Department of Energy’s Office of Cybersecurity, Energy Security and Emergency Response, encouraged utilities to invest in technologies to allow near-real-time situational awareness and response capabilities in ICS and OT networks, deploy procedures and equipment to enhance detection capabilities, and improve the cybersecurity posture of critical infrastructure information technology networks.

“What was very beneficial with the presidential 100-day sprints is they said … ‘We’ve heavily invested in preventative measures, firewalls, segmentation, antivirus passwords, all that kind of stuff, [but] we don’t have a lot of ability to detect and respond to threats,” Lee said in a media call introducing the firm’s 2021 Year in Review. “So we don’t care how you get it done; we just care that you get something in place to start getting insights inside … these OT or ICS networks, to where you can start finding issues, risks, threats, and sharing those insights to the government.”

The report did not directly identify how many cyberattacks in 2021 were directed at particular industries, outside of ransomware. In this area, the firm registered 13 incidents involving the energy sector. By comparison, twice as many incidents affected the transportation sector and nearly three times as many impacted food and beverage companies. Manufacturing was hit hardest, with 211 incidents in 2021; of those, less than three involved goods manufactured for the energy sector.

Threat Landscape Remains Active

This is not to say that electric utilities can rest easy. Two of the three new activity groups Dragos identified last year directly target the energy sector. One, which the firm has dubbed Kostovite — in keeping with its practice of not associating threat actors with nation-states — focuses on North America and Australia, while another, Petrovite, focuses on Central Asia.

Kostovite is seen as the more mature of the two, having reached stage 2 of the ICS kill chain, a model of ICS attacks adapted from Lockheed Martin’s cyber kill chain framework. A 2015 white paper from SANS Institute describes stage 1 of such an attack as “espionage or an intelligence operation.” In stage 2, an attacker must “specifically develop and test a capability that can meaningfully attack the ICS.”

Characteristics of the Kostovite group (Dragos) Content.jpgCharacteristics of the Kostovite group, identified by Dragos last year, which focuses on the renewable energy industry in North America and Australia | Dragos

Dragos first identified Kostovite when responding to an attack on “a major renewable energy operation and maintenance firm” with facilities in North America and Australia. The attackers first gained access to legitimate account credentials, which they then used to gain access to multiple generation facilities. Once inside, Kostovite made its way around the network without using any outside tools or code, which Lee observed denotes a high level of skill. The group was able to hide inside the network undetected “for at least a month.”

The firm also pointed out that some concerning security practices are still often found among electric utilities, with limited visibility into OT and ICS networks rated as “frequent” occurrences; poor maintenance of security perimeters and allowance of external connectivity to secure systems were both considered “common,” and only shared credentials among staff ranked as “uncommon.”

By contrast, in the nuclear industry only limited visibility was rated as “frequent,” while the other three categories were considered “rare,” the lowest rating. On the other hand, the rail and food and beverage industries both saw all four categories listed under “frequent.”

California Sets 6 Million Heat Pump Goal

The California Energy Commission adopted a new goal of installing six million electric heat pumps in the latest version of its Integrated Energy Policy Report (IEPR), which addresses the challenges facing the state’s electricity, natural gas and transportation fuel sectors.

An aggressive effort to electrify buildings is needed for the state to meet its legislatively mandated targets of getting 60% of its energy from renewable resources and reducing greenhouse gases 40% below 1990 levels — both by 2030, the CEC said in one volume of its 2021 IEPR that commissioners approved Feb. 16.

“The year 2030 is just around the corner,” the report said. Replacing most fossil-fueled equipment in that time is impossible, but gas-fired furnaces and water heaters wear out regularly and need replacement. Doing so with electric heat pump appliances could significantly reduce natural gas consumption in a relatively short time, the report said.

“That makes the market transformation of new equipment sales a key priority,” it said.

“Heat pumps are a critical enabling technology for achieving building decarbonization,” it said. “As such, the CEC is recommending a goal of installing at least 6 million heat pumps by 2030. Further, the CEC commits to working with stakeholders — including manufacturers, labor, and environmental advocates — to accelerate the market to meet this goal and to push beyond it toward comprehensive migration to heat pumps for space and water heating.

“Each replacement of major equipment presents a precious opportunity to achieve long-term savings and make additional performance improvements to [a] building. Also, opportunities for energy savings and GHG reductions will be missed if equipment is not installed to meet California Energy Code requirements.”

Commissioners unanimously supported the new goal along with other portions of the IEPR.

“The piece I wanted to call out in this IEPR is the six million heat pump goal,” Chairman David Hochschild said. “I am a big believer in goals. I’m encouraged that we’re doing this.”

He likened the heat pump target to the goal set by Gov. Jerry Brown in 2018 of putting 1.5 million zero-emission vehicles on the road by 2025.

“At the time, there were a lot of people who said that was outlandish [and] it was never going to happen,” Hochschild said. “We’ve now blown by a million electric vehicles, and we’re well on our way to surpassing that goal.”

Setting an official objective for heat pumps will drive investment and innovation, he said.

“I have every confidence that we’re not only going to reach this goal, but that we’re going to surpass it.”

The CEC’s energy efficiency update to the state’s building code in August will help, he said.

It required developers of new single-family homes to install either an electric heat pump water or space heater.

The market share for heat pumps in California is less than 6% in new home construction, but the building code requirement is expected to increase demand and make heat pumps more affordable and widely available.

“This will juice the market for heat pumps,” Commissioner Andrew McAllister said at the time.

The recent launch of the $120 million TECH Clean California program, intended to jumpstart the market for residential heat pumps, could also help the effort. It provides incentives of $3,000 or more to homeowners who replace gas furnaces or water heaters with electric heat pumps. Combined with local incentives, for instance in the San Francisco Bay Area and Sacramento, those amounts can more than double to $6,600.

“TECH represents a milestone in California’s efforts to decarbonize the building sector and combat climate change,” the Natural Resources Defense Council said in a blog post last week.

NYISO Management Committee Briefs: Feb. 23, 2022

In-person Meetings to Resume in March

NYISO plans to resume in-person stakeholder meetings in the second week of March, CEO Rich Dewey told the Management Committee on Wednesday.

“Infection rates for COVID continue to drop regularly both in this area and in the region … so Member Relations Manager Mark Seibert and his team will coordinate with each of the committee chairs to work out individual schedules,” Dewey said.

As usual, the remote option will still be available for individuals who are uncomfortable meeting in person or are not ready to do so, and all visitors to NYISO must demonstrate proof of vaccination.

Dewey also reported that Vice President of Operations Wes Yeomans is retiring in May, and that the Board of Directors has approved Aaron Markham, currently director of grid operations, to succeed him.

“I think everybody who knows Aaron will agree that he’s a very capable replacement,” Dewey said. “We’re lucky to have him, so congratulations to Aaron Markham.”

Survey Metrics Decline Slightly

The ISO’s annual survey of customer satisfaction for 2021 posted a slight decline compared to the previous year, down from 91.5% to 91.1%. Assessment of performance also declined from 77.6% to 77%.

Nonetheless, the survey resulted in the second highest combined score — 85.5%, down from a record 86% last year — since adopting a new survey platform five years earlier, said Don Levy, director of the Siena College Research Institute. The combined score is calculated by combining 60% of the satisfaction score and 40% of the performance score.

Areas with declines in satisfaction included transparent operations; explanation of policies and procedures; and considerations of individuals’ input. In performance, NYISO saw declines in conducting comprehensive long-term planning; advancing the technological infrastructure of the grid; and providing factual information to policymakers, stakeholders and investors.

Areas that showed improvement included satisfaction with the professionalism of NYISO personnel; fair handling of all interactions; and timeliness in communicating key market issues. Performance improvements included reliably operating the grid and administering open and competitive markets.

ISO Staff Get 3% Raise

NYISO has found it difficult to recruit and retain qualified employees in 2021 and 2022. To assist in those efforts, the Management Committee recommended that the board approve a plan to use roughly half the $10.7 million in funds remaining from the 2021 budget cycle to adjust staff salaries to more closely reflect market rates, including an immediate increase of 3%.

The ISO overcollected $7.9 million on 2021 Rate Schedule 1 revenues and underspent the budget by 1.7%, or $2.8 million, CFO Cheryl L. Hussey said.

The MC recommended to the board that the ISO use $5 million for the staff raise and retain the remaining $5.7 million until a comprehensive salary benchmarking process is completed, in the event the results show additional salary actions or retention incentives are needed.

Any remaining funds from the 2021 budget cycle, following potential salary actions informed by the salary benchmarking, will be used to pay down the principal amount of outstanding debt in 2022.

Dewey explained that the ISO is exploring all avenues to recruit and retain qualified employees. “Increasingly it’s not always just about the money; it’s about the work schedule and degrees of flexibility and options that people have,” Dewey said. “We’re paying very careful close attention to what other companies are offering and trying to make sure that we remain competitive.”

The MC last year recommended that if a Rate Schedule 1 overcollection and/or a spending under-run occurred, the related funds should be utilized to pay down the principal amount of outstanding debt or reduce anticipated debt borrowings.

External Outreach Update

NYISO has been promoting its Comprehensive Reliability Plan (CRP), engaging lawmakers in Albany on bills of interest to stakeholders, said Kevin Lanahan, NYISO vice president for external affairs and corporate communications.

Those included outreach to lawmakers on the Pollution Justice Act (S4378), which would require peaker plants to be replaced by renewable resources and/or storage facilities within five years of the renewal of a facility operating permit or retire by the end of 2025.

The bill would allow for one five-year extension of the deadline if the transmission owner and NYISO both attest in writing to the discovery of a reliability need if the plant were to retire or be forced to convert to renewable resources.

The ISO also publicized its CRP, which highlights tightening reliability margins over the next decade.

“The response by and large has been excellent, thoughtful and everything we would have hoped for as we began the promotional program to draw attention to the CRP,” Lanahan said.

The ISO received a lot of good, in-depth questions from U.S. Senate Majority Leader Chuck Schumer’s (D-N.Y.) office, for example. State Senate Energy Committee Chairman Kevin Parker has also invited Dewey to address the committee at an upcoming meeting and go over the CRP findings in detail, Lanahan said.

MISO Adds Web Features to New Meeting Schedule

MISO is debuting more online interactions after scheduling fewer stakeholder committee meetings at the beginning of the year.

During a special Tuesday workshop, MISO’s Alison Lane said the RTO has launched more comprehensive, 18-month rolling workplans for its stakeholder committees and a webpage to review stakeholder feedback on agenda items and the grid operator’s responses.

The features are meant to augment the abbreviated meeting schedule. (See Stakeholders Call for MISO to Rethink Pared-down Meeting Schedule.)

Lane said MISO will continue with consent agenda items at meetings. She said although these post-only documents will not get staff presentations, stakeholders can still pose questions and strike up discussions during meetings. The RTO said the post-only items are meant for “self-explanatory, non-controversial” updates.

Clean Grid Alliance’s Rhonda Peters said some tariff and business practice manual changes have been “inappropriately” relegated to a post-only format when they merited dialogue.

Natalie McIntire, also from Clean Grid Alliance, asked that staff leave sufficient discussion time for post-only agenda items.

Lane said MISO’s stakeholder relations team will begin keeping records on how long it takes to move through agenda items to better plan meetings.

Lane said topics that don’t receive much stakeholder attention on the feedback webpage will be closed out. Topics that draw more responses or disagreement will receive more discussion time at upcoming meetings.

Stakeholders can use the feedback page to receive email notifications on agenda items that they want to closely monitor.

Staff said they have also streamlined the MISO Dashboard, formerly the issues-tracking tool, so it’s easier to keep up with committees’ focus areas.

Lane asked stakeholders to reach out to MISO with their thoughts on the webpage’s features.

Coalition of Midwest Power Producers’ Travis Stewart asked the RTO to consider giving stakeholders longer than the requisite two weeks after meetings to provide written reactions to discussions and presentations. Lane said the grid operator will likely stick with the two-week comment deadline to post “beefier” feedback responses that better explain staff’s reasoning behind their positions.

MISO is resisting stakeholder calls to shelve its new stakeholder committee schedule, which puts fewer meetings on the calendar. Multiple committee chairs have warned that more infrequent meetings won’t give the RTO enough time to flesh out the changes it needs to make to keep up with the energy industry’s rapid transformation.

In May, MISO is due to check in with stakeholders and examine whether the new meeting schedule is working well enough to permanently continue.

During a Wednesday Steering Committee meeting, exiting Market Subcommittee Chair Megan Wisersky said she hopes stakeholders continue to evaluate whether fewer meeting dates are sufficient.

Carbon Capture Needed for ‘Last-mile Decarbonization’

Carbon capture went mainstream in 2021.

According to the Clean Air Task Force (CATF), 51 carbon capture and storage projects were announced in the U.S., more than the total of all projects announced in the previous three years. The industry got a federal stamp of approval as the Department of Energy’s Office of Fossil Fuels became the Office of Fossil Fuels and Carbon Management.

The Infrastructure Investment and Jobs Act (IIJA) provided yet another boost, with more than $12 billion in funding for a range of carbon capture pilot projects, pipelines and research that could help push those 51 projects toward completion and operation.

“We’re really looking at carbon management technologies as part of a system of decarbonization options and a decarbonization portfolio,” said Lee Beck, CATF’s international director for carbon capture. “It’s really an option that we need to be commercialized as soon as possible to have multiple options or technologies available … to enable communities and regions to really choose technology pathways to net zero that are suitable to their individual social, political, economic and resource circumstances.”

Speaking at a Tuesday press briefing sponsored by the Carbon Capture Coalition, Beck was part of a panel of advocates and corporate executives arguing for carbon capture as essential for decarbonizing certain industrial sectors with high emissions, such as steel and cement manufacturing.

Industry accounts for about 23% of U.S. carbon emissions, and “over half of the emissions in the sector are inherent to physical or chemical processes” involved in manufacturing, said Jessie Stolark, public policy and member relations manager for the nonpartisan coalition.

Carbon capture offers “a unique solution to reducing emissions in the sector in a timeframe consistent with midcentury net-zero targets,” she said.

Echoing Stolark, Virgilio Barrera, director of government and public affairs for cement manufacturer LaFargeHolcim, described the particular decarbonization challenges his company faces.

“You can electrify everything, use alternative fuels and you would still be generating 50% of your emissions,” Barrera said. “That’s because it’s a chemical transformation of taking raw material — in this case, limestone — heating it up and converting it to … cement.

“The key for us to reach net zero is really getting carbon capture, utilization and storage projects online,” he said.

The company has received DOE funding to help develop carbon capture projects at two plants, one each in Colorado and Missouri, he said.

Continued Opposition

The strong project pipeline notwithstanding, the U.S. only has about a dozen commercial-scale CCS projects online at this time, according to the Global CCS Institute, and some environmental groups continue to voice strong opposition to the technology, arguing it doesn’t work and is too expensive.

In July, more than 500 environmental organizations published an open letter calling on lawmakers in the U.S. and Canada “to recognize that carbon capture and storage is not a climate solution. It is a dangerous distraction driven by the same big polluters who created the climate emergency.”

But environmental groups in the coalition, such as The Nature Conservancy (TNC), maintain carbon capture technologies are needed to keep climate change under 2 degrees by 2050. New technologies to reduce industrial emissions “are either in the very early stages of research or not broadly deployed in the marketplace,” said Jason Albritton, director of climate and energy policy at TNC.

“If we’re going to reach the ambitious goal of net zero by 2050, we really have to be working now to set the stage on how to address these hard-to-eliminate emissions, the emissions we often call ‘the last-mile decarbonization’ because they are so important, but we don’t yet have the solutions broadly deployed,” he said.

A recent analysis from the General Accounting Office offered further criticism of carbon capture. The GAO found that since 2009, the Department of Energy had invested $1.1 billion in 11 carbon capture projects, only two of which are still operating. Of the others, one ended operation in 2020 and eight were never built. The GAO recommended better oversight and monitoring by the DOE and Congress.

Stolark and others have countered that the difference between then and now is the 45Q tax credit, which provides per-ton credits for CCS. In 2018, Congress expanded the credit, setting it at $50 per ton for carbon sequestered in underground geologic formations. To qualify, projects must begin construction by Jan. 1, 2024, and meet certain capture thresholds. For example, industrial facilities must capture at least 100,000 metric tons per year.

That expansion triggered the growing project pipeline, but the further revisions to 45Q in the stalled Build Back Better Act are needed, Stolark said. The coalition is supporting changes that would increase the credits and slash capture thresholds. For example, carbon stored in geological formations would qualify for credits of $85/MT, and the credits for direct air capture projects would range from $130 to $180/MT and come with a direct-pay option.

In addition, if passed, BBB would decrease capture thresholds to 18,750 MT annually for power plants, 12,500 MT for industrial facilities and 1,000 MT for direct air capture.

These “enhancements” to 45Q “are necessary to close the cost gaps for deployment of carbon capture technologies across sectors including steel, cement and refining,” Stolark said.

Not One-size-fits-all

The global food processing company ADM (NYSE:ADM) is one of CCS’s success stories, said Colin Graves, the company’s vice president for innovation.

The company has been sequestering carbon 1.5 miles underground in Decatur, Ill., for 10 years, Graves said. “To date, we’ve sequestered over 3.5 million tons of CO2, which is the equivalent of removing 750,000 cars from the road for a full year,” he said.

Along with other energy efficiency and renewable energy initiatives, CCS has allowed ADM to reach carbon neutrality for its U.S. flour milling operations, and the company is looking to decarbonize more of its industrial processes, Graves said.

“This is an excellent example of the potential of this technology and the cascading effects that it can have for many different industries and products,” he said.

But part of the challenge going forward is that carbon capture is not a one-size-fits-all technology, said Beck of the CATF, responding to reporters’ questions. “It really comes down to the plant level, to the application level; if you’re producing hydrogen, if you’re decarbonizing a refinery, if you’re decarbonizing a cement or steel plant,” she said.

For emissions produced by ammonia, ethanol or natural gas processing, CCS technologies may include compression and dehydration or the use of membranes or physical solvents, said a report in Chemical and Engineering News. Chemical solvents may be used for carbon emissions from coal or natural gas-fired power plants.

That means the cost per ton of different technologies may also vary widely. A Rhodium Group study found that the $50/MT 45Q tax credit pencils out for CCS technologies used for ammonia and ethanol processing, but the BBB’s $85/MT level is needed for cement, steel or refineries.

Another big question is how much underground sequestration does the U.S. have? Stolark said that the DOE has a carbon storage atlas, originally compiled in 2012, showing the country has the capacity to store at least 2,400 billion MT of carbon dioxide.

Fast-moving Bill Seeks to Win Hydrogen Hub for Wash.

A bill zipping through the Washington State Legislature aims to boost the state’s prospects for landing one of four national “clean” hydrogen hubs to be funded under the federal Infrastructure Investment and Jobs Act (IIJA).

The State Senate unanimously passed Senate Bill 5910 on Feb. 12, advancing it to the House Environment and Energy Committee, which held a hearing on the legislation Tuesday.

Sponsored by Sen. Reuven Carlyle (D), the bill would create an Office of Renewable Fuels within the state’s Department of Commerce to support development of electrolytic hydrogen and other alternative fuels.

According to a bill summary, the new office would collaborate with other state agencies to accelerate market development of renewable fuel and hydrogen projects along their full life cycle, in part by supporting research and development around production, distribution and end uses. It would also identify ways to best deploy the fuels to support the state’s climate change mitigation and adaptation efforts.

The office would also be expected to take a role in boosting job creation and improving “economic vitality” while partnering with “overburdened” communities to ensure they benefit from clean fuels development. It would also review the state’s existing renewable fuels and hydrogen initiatives and support public-private opportunities that encourage adoption of clean fuels.

The office is expected to coordinate efforts with local state and federal governments, the private sector and universities.

The bill would additionally allow proposed hydrogen production projects the choice of applying for permits from the state Energy Facility Site Evaluation Council, rather than local governments. It would also authorize municipal utilities and public utility districts to produce, use, sell and distribute hydrogen and other renewable fuels.

Scoring Federal Funding

But SB 5910’s most significant impact could lie in Washington’s effort to land one of the four hydrogen hubs outlined in the IIJA, enacted last year.

The law allocates $8 billion for the creation of at least four hydrogen hubs across the country, as well as $1 billion for the domestic manufacture of the electrolyzers needed to convert water to green hydrogen. The U.S. Department of Energy will solicit proposals for the hubs until May 15 and select the four sites a year later.

“The legislature finds that Washington state is strongly positioned to develop a regional clean energy hub meeting the criteria of the IIJA and that … state funding assistance may help to promote and strengthen applications to DOE for federal funding,” the bill summary said.

Washington is likely to face stiff competition from other Western states also hoping to score a hydrogen hub. Southern California Gas and the Los Angeles Department of Water and Power are already unrolling some of the most advanced plans for creating such a hub, even without the promise of federal funding. (See related story, SoCalGas Proposes Hydrogen Pipelines.)

But with its ample water supplies and massive network of hydroelectric facilities, Washington is a promising contender. The state currently has one hydrogen production plant under construction near East Wenatchee, which will use Columbia River water as its source. The plant, to be operated by Douglas County Public Utility District near the Wells Dam, is scheduled to go online this spring. A hydrogen fueling station is on the drawing board for near East Wanatchee, and another is in the works for public transit buses in Lewis County, about 25 miles south of Olympia.

On Tuesday, five people testified in favor Carlyle’s bill, and no one testified against it.

“Our region is well positioned to become a hydrogen hub,” said Logan Bahr, state relations manager for Tacoma Public Utilities.

Dave Warren, representing the Washington Green Hydrogen Alliance and the Renewable Hydrogen Alliance, said, “We’re competing with New York and California on being a hydrogen hub. But this is ours to lose.”

He added that while the bill would provide $500,000 to set up the Office of Renewable Fuels, it does not include money to help hydrogen producers apply for the appropriate permits.

The bill “is embracing innovation and opportunity — opening them up instead of restricting them,” said Dan Kirschner, executive director of the Northwest Gas Association.

At an early February hearing before the Senate Ways and Means Committee, some testifiers also contended that the proposed office would help small businesses transition to using hydrogen as a fuel.

Meanwhile, poised for a full House vote is House Bill 1792, which would establish sales and use tax exemptions for the production of electrolytic hydrogen and for the sales of the electricity used to produce the fuel.

Maine Legislators Rethink Electric Utility Accountability in Bill Hearing

Maine’s legislators began the task this week of sorting out how Gov. Janet Mills’ recently proposed utility accountability bill differs from a similar one she vetoed last year and whether it does enough to protect consumer interests.

The bill’s supporters say it would provide enhanced regulatory tools for ensuring that the state’s investor-owned utilities deliver reliable and affordable electricity services. But opponents say the Maine Public Utilities Commission already has the authority to keep utilities in line.

“No matter what party you identify with, or what part of the state you live in, I think we can all agree that more transparency and accountability for the transmission and distribution monopolies is a smart and much needed step forward,” Sen. Stacy Brenner (D) said during a Joint Energy, Utilities and Technology committee public hearing Tuesday.

Brenner, who sponsored the governor’s bill (LD 1959), co-sponsored another utility accountability bill (LD 1708) last year that moved quickly through the legislature in June despite the governor’s concerns. Mills vetoed LD 1708 in July, saying that it was an important but hastily drafted piece of legislation.

While both bills contain a central provision allowing regulators to force the sale of an IOU if it does not meet certain service metrics, they diverge on the metric specifics and other methods of accountability. Mills’ proposal would establish future performance guidelines to determine a utility’s fitness to serve, and the previous bill looked primarily at historical utility performance.

Each bill addresses a potential utility asset sale differently. Mills wants the PUC to consider bids from potential buyers while also looking at a proposal for a consumer-owned utility (COU) from a state-appointed committee. Regulators would decide whether a COU would provide the best service to consumers.

LD 1708, on the other hand, sought to put the assets directly in the public’s hands via a COU, without consideration for outside bids. Supporters of the consumer nonprofit model for Maine want the public to have more say in the business of electricity generation and distribution.

Allowing the PUC to set new performance metrics would only “shelter what should be a public process in a place where the public has very little access or ability to influence the outcome,” said Sen. Nicole Grohoski (D), who co-sponsored LD 1708.

Maine Public Advocate William Howard, who supports the governor’s bill, agreed with Grohoski in hearing testimony.

“There is an element of a closed club that handles most of the litigation before the PUC … and it makes it very difficult for outsiders to understand much less participate,” Howard said. “That is something I’m going to be working on.”

Other Provisions

The governor’s bill would strengthen the PUC’s authority for levying fines for poor service, establish financial audits and expand utility whistleblower protections.

“I think [protections for whistleblowers] may be the sleeper piece of this bill,” Howard said. “I am very confident that the additional protections in this bill will lead to future whistleblowers, and that will help us control costs.”

Under the bill, the PUC could “crack down” on Central Maine Power (CMP) and Versant Power through a provision that doubles current penalties, from $500,000 to $1 million or 5% of revenue to 10%, according to Dan Burgess, director of the Governor’s Energy Office. But regulators already have leeway in setting fines, according to Sen. Steven Foster (R).

The penalty provision, Howard said, would be tied to performance metrics as an administrative procedure rather than hiding within a rate proceeding as set out by current guidelines.

“The headline will not be ‘CMP or Versant rates raise 9%’; the headline will be ‘CMP or Versant penalized for X million dollars for poor service,’” he said. “That will get their attention.”

In Opposition

Our Power, a nonprofit that supports the creation of a COU to replace CMP and Versant, is concerned about the reliance the governor’s bill puts on regulators for utility accountability.

“In crucial decisions, [the commission] too often has to rely on whatever information is selectively provided by utilities,” Andrew Blunt, legislative director at Our Power, said in hearing testimony. “It is simply the wrong body to look to for true accountability.”

The nonprofit is behind a citizen initiative launched last August to force a public vote on LD 1708. By January, the group had collected 60,000 signatures for the initiative, but that was not enough to make the November ballot.

Mills’ proposal, Blunt said, gives the state’s IOUs a “blank slate that they do not deserve.” The performance metrics in the bill, he added, are “astonishingly weak” and would not set minimum standards in statute.

CMP President Joseph Purington opposed the governor’s bill during the hearing, saying that the legislature “already got it right.”

“The PUC has the authority it needs to do its job to ensure safe, adequate service at just and reasonable rates,” he said.

In recent history, he added, the PUC imposed the “largest financial penalty in Maine utility history” for CMP’s poor service quality. CMP responded by reorganizing, and it is now “meeting and exceeding some of the most stringent metrics in the industry,” he said.