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Dominion takes the wrong way on solar

On February 12, Virginia’s State Corporation Commission held a public hearing to decide whether to approve Dominion Virginia Power’s plan to buy 3 megawatts of solar power from Virginia residents and businesses to sell to the company’s voluntary Green Power Program. Sound like a good idea? It’s not.

Yes, Virginians want solar power. Investing in solar means stably priced electricity, cleaner air and lower greenhouse gas emissions. Solar power is now cost-effective in Virginia even in the absence of state incentives, thanks to federal tax credits and a steep decline in the price of solar panels. But a high upfront cost still limits who can afford to install it.

Utilities and the SCC have a role to play in bringing new solar power onto the grid. Dominion’s program to install 30 megawatts of solar on leased rooftops, which the SCC approved this fall, provides an example of how utilities can strengthen the grid, diversify their power sources, supply valuable peak-demand electricity, and contribute to their own learning curve on integrating renewable energy, all while meeting a portion of their customers’ demand for clean power.

The 3-megawatt program, on the other hand, gets nothing right. Under the program, customers who have solar panels would sell all their solar power to Dominion for 15 cents per kilowatt-hour (kWh), and buy regular fossil-fuel electricity (known as “brown power”) from Dominion at the normal retail rate of about 11 cents. Cost to Dominion: 4 cents/kWh.

Dominion would then resell the solar power to the participants in its Green Power Program, not for the 4 cents it costs the company, but for 11 cents. Dominion would keep 7 cents/kWh.

Dominion tells us that the 7 cents would go to its rate base, not its own bottom line. But it’s clear who loses. The do-gooders who pay extra on their utility bills for the Green Power Program would pay 11 cents for something Dominion bought for 4 cents. They are being played for chumps.

Last year the Green Power Program bought Virginia solar power directly for 4 cents/kWh through the purchase of renewable energy certificates. So why should the program pay 11 cents for something it can get for 4?

Since Dominion administers the program, it will be up to the SCC to prevent this misuse of its funds.

This is only part of the problem. The reason Dominion wants to shift the cost of the solar purchase onto the Green Power Program is its insistence that the value of solar energy isn’t the retail rate of electricity, but is the utility’s “avoided cost”—roughly, the price at which it can buy brown power on the wholesale market, which is around 4 cents/kWh.

Of course, if the current wholesale price were the only thing that mattered, you’d have to question why Dominion ever builds its own electric generation, including its new coal-fired plant that delivers power at 9.3 cents/kWh.

The SCC allows Dominion to build its own generation in Virginia for a host of other reasons, all of which apply equally to Virginia solar. Rooftop solar also provides significant additional benefits to the utility and the electric grid that utility-supplied brown power does not. A number of recent studies have quantified these benefits to prove that net-metered solar (where customers sell solar power to the grid at the retail rate) lowers costs for everyone.

Yet Dominion wants to shift costs onto a voluntary program, while keeping the benefits. This is bad for the Green Power Program, and it sets a terrible precedent for valuing solar that could retard its growth in Virginia. And that would be bad for all of us.

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Renewable energy makes small gains in Virginia’s 2013 legislative session

The Virginia General Assembly will soon wrap up its work on the 2013 legislative session. Renewable energy advocates began the session with high hopes for a series of bills that promised to reform our renewable energy law, expand net-metering, and open up new opportunities for financing solar systems and small wind turbines.

So how did we do? Well, this is Virginia. Progress is slow, the utilities are powerful, and half the legislature doesn’t believe in climate change. On the other hand, they do believe in business. Under the circumstances, we did okay.

Renewable Portfolio Standards: bye-bye, bonuses

Readers of this blog already know the long, miserable tale of Virginia’s weak and ineffective, voluntary renewable portfolio standard (RPS), which has enriched utilities with tens of millions of dollars in incentives without bringing any new renewable energy projects to Virginia. This year the legislature went halfway to fixing the problem. Legislation negotiated between the office of the Attorney General and the utilities will deprive utilities of future ill-gotten gains for meeting the RPS law, but won’t change the pathetic nature of the law itself.

Stripping out the RPS incentives was only part of a bigger, more complex bill that sweetens the deal for utilities in other ways, so it’s hard to judge whether the legislation as a whole marks a victory for consumers. Skeptics will note that Dominion’s stock price has actually gone up several percentage points since the deal was announced, which you wouldn’t expect if the AG were correct that the bill will save consumers close to a billion dollars over time.

What is clear is that the RPS remains as voluntary and as crummy as it ever was, but the utilities can no longer use it to rip off ratepayers while pretending to be good citizens. Some environmental groups consider stripping out the incentives a bad thing, on the theory that only by giving utilities a bonus can we expect them to meet the goals. Other groups (including the Sierra Club) believe Dominion, at least, will want to maintain its greenwashed public image by continuing to meet the RPS goals, and that ending the consumer rip-off is worth celebrating.

Sure, if the goals had brought wind and solar to Virginia, the Sierra Club would have considered the incentives a tolerable price to pay. As it happened, Dominion and the other utilities continuously rebuffed efforts over the years to improve the RPS. Had Dominion approached the RPS as an opportunity to bring real renewable energy to Virginia rather than as a cash cow to be milked for its own advantage, the company would have saved itself a public relations fiasco and likely kept its bonuses, too. Surely, someone at HQ should be out of a job right now.

Taking the long view, it is also worth noting that getting rid of the free money is a necessary first step towards a mandatory RPS in Virginia, which would unleash market forces for renewable energy that don’t emerge with a voluntary law. Utilities would oppose such a move more vigorously if they still had incentives to protect that were available only under the voluntary program.

. . . but reform efforts fail again

These views all assume the legislature will someday pass a bill to improve the goals and bring wind and solar projects to Virginia, without which the RPS is meaningless anyway. Surely legislators must recognize how pointless it is to have an RPS that can be met with out-of-state, pre-World War II hydro, plus some trash and wood-burning and a few assorted projects that put no power on the grid. (Even without the performance incentives, utilities remain entitled to pass along to customers the cost of meeting the RPS goals.)

Bills to improve the goals should have passed the legislature this year as part of the reform package. HB 1946 (Lopez) and SB 1269  (McEachin) even received the support of Dominion Power for provisions that would limit most future purchases for the RPS to high-quality projects like wind and solar. What killed the bills seems to have been a combination of opposition from vested interests and sheer cussedness on the part of some Republicans, who were engaged in partisan maneuvers that had nothing at all to do with renewable energy.

As usual, we are left hoping for better luck next year.  Meanwhile, however, a couple of other RPS bills made incremental progress. Most notably, HB 1917 (Surovell) adds solar thermal energy to the definition of renewable energy; as of this writing it has passed the House and is on the Senate floor.

A loss for more honest competition among fuels

There are more ways to support renewable energy than through an RPS, of course. One of my favorite bills would have required utilities and the State Corporation Commission to consider the long-term price stability of fuels used in electric power generation. HB 1943 (Lopez) would have helped price-stable wind and solar compete against notoriously price-volatile natural gas. It’s an idea that should appeal to fair-minded conservatives, so it’s a shame it hasn’t gained traction since first being introduced in 2012. However, it died in committee in the face of opposition from Dominion Power, which doesn’t want any interference with its plans for new natural gas plants.

Power Purchase Agreements get a “pilot”

Two bills passed the legislature to allow some third-party power purchase agreements (PPAs) for wind and solar within Dominion’s territory. Under a PPA, an installer retains ownership of the solar equipment, with the customer buying the electricity that is generated. This arrangement has two primary advantages: the customer can “go solar” with no money down and no responsibility for the equipment; and in the case of a tax-exempt entity like a church or a university, it provides a way to access federal tax credits worth 30% of the system cost.

The bills were designed to prevent a recurrence of a dispute that erupted in 2011 when a Staunton-based solar company, Secure Futures, installed a large solar system at Washington & Lee University under a PPA. Dominion issued “cease and desist” letters insisting that only it could sell electricity in its assigned territory. Although Virginia law is unclear on this point, the university and the solar company capitulated in the face of massive litigation costs. Since then Dominion’s army of lawyers has proven as effective as any statute in stopping further efforts to use PPAs in Virginia.

This year’s bills, SB 1023 (Edwards) and HB 2334 (Yancey), were originally written to allow third-party PPAs wherever customers can currently install renewable energy systems that they own themselves. They were significantly scaled back to win acceptance from Dominion Power. (AEP and the coops wouldn’t play at all, so legal ambiguity remains the rule in their territories.)

The bills allow up to 50 megawatts’ worth of solar and wind installations using PPAs, in Dominion territory only, as a pilot program.  Whether net-metered or not, they will be counted against the current net-metering cap of 1% of the utility’s generation. Tax-exempt entities can have a facility of any size up to 1 megawatt (500 kW if they net meter); taxable entities must have a minimum size of at least 50 kW (so no homeowner need apply). PPAs that do not meet the requirements are expressly prohibited in Dominion territory.

Agricultural net metering, yes; community net metering, no

A bill to allow agricultural net metering also passed this year. HB 1695 (Minchew) allows the electricity from a single solar, wind, or digester gas facility to be attributed to two or more electricity meters as long as they are all on the same property and have the same owner. Thus, for example, a farmhouse, barn and other out-buildings can all share in the benefits of solar panels on one of the buildings, even if each building is separately metered.

Originally the bill would also have enabled community net metering, sometimes known as solar gardens, but the utilities opposed it. Bowing to political reality, Delegate Minchew scaled it back. The bill is notable, however, for making progress without including any provisions that seem capable of doing mischief.

A note about all the bills: In Virginia, the governor can sign a bill, veto it, or send it back to the legislature with amendments of his own, so none of these bills are final as of this writing.

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For electric power generation, the end of fossil fuels is in sight

The rap on renewable energy is that it’s too variable to meet society’s demand for a constant supply of electricity. The answer to the problem turns out to be: More renewables.

111022-N-OH262-322Climate change is acting like an ever-tightening vise on our energy options. Each year that passes without dramatic decreases in our use of carbon-emitting fuels means the cuts we have to make simply get more drastic. By 2030, say experts, we must entirely replace coal with efficiency and renewable energy, or fry. Even the most intrepid environmentalists wonder if it can be done without huge price hikes and wholesale changes in how we live and use energy–changes that society may not accept.

A new study out of the University of Delaware shows it is possible to power the grid 99.9% of the time with only solar and wind energy, at a cost comparable to what we are paying today. This counters the conventional wisdom that we will always need large amounts of fossil fuel as a backup when the wind doesn’t blow and the sun doesn’t shine. It also means the goal of getting largely beyond fossil fuels by 2030 is not just achievable, but practical.

The study focused on a regional transmission grid known as PJM, which encompasses parts or all of fourteen states, mostly in the Mid-Atlantic. Researchers ran 28 billion computer simulations to find the most cost-effective combinations of wind and solar that could power the entire grid, at the least possible cost and with minimal amounts of energy storage. The winning combination relied on natural gas turbines for backup on only five days out of the four years modeled.

The study authors looked for the least cost taking account of carbon and other external costs of fossil fuels, which are not being accounted for today, but they also assumed no technology improvements over time, making their cost estimates conservative overall. All the least-cost combinations used much more storage than we have today, but needed it for only 9 to 72 hours to get through the entire four years modeled.

The secret to dealing with the inherent variability of wind and solar, it turns out, is to build even more wind and solar. One wind turbine is unreliable, but tens of thousands spread across a dozen states greatly reduces the variability problem, and tens of thousands of wind turbines balanced with millions of solar panels is better still. To get to 99.9% renewables, you keep adding wind turbines and solar panels until you are producing three times the electricity that you actually need to meet demand. To power the grid with renewables just 90% of the time, you would have to produce “only” 1.8 times the electricity needed. (And yes, we have the windy sites and the sunny places to support all those projects.)

While it may sound strange to build more generation than you need, that is already the way grid operators ensure reliability. To take one example, if you were in Virginia when the “Big One” struck in 2011, you will recall that the earthquake caused the North Anna nuclear plant to shut down for four months. Nuclear energy provides a third of the electricity in Dominion Virginia Power’s service territory, and yet the lights stayed on. That’s because the grid wizards at PJM simply called on other power sources that had been idle or that had spare capacity.

The other component of reliability is the ability to match demand for power, which rises and falls with the time of day, weather, and other factors. So-called “baseload” plants like nuclear, coal, and some natural gas turbines don’t offer that flexibility and must be supplemented with other sources or stored energy. PJM currently uses more than 1,300 different generating sources, as well as about 4% storage in the form of pumped hydro. The right combination of other sources can replace baseload plants entirely.

wind turbine-wikimedia

Pairing wind and solar improves their ability to meet demand reliably. Onshore wind tends to blow most strongly at night, while solar energy provides power during the peak demand times of the day. Offshore wind power is also expected to match demand well. Combining them all reduces the need for back-up power.

But until now policy makers have assumed that solar and wind won’t be able to power the grid reliably, even when combined and spread out over PJM’s more than 200,000 square miles, and with the addition of wind farms off the coast. Critics have insisted that renewable energy requires lots of back-up generating capacity, especially from some natural gas turbines that can ramp up and down quickly. New gas turbines have even been designed specifically to integrate with renewables in anticipation of increasing amounts of wind and solar coming onto the grid.

This makes the work of the U. Delaware researchers a game-changer by showing that wind and solar can be backed up primarily by more wind and solar. And so we can begin planning for a future entirely without fossil fuels, knowing that when we get there, the lights will still be on.

Unknown's avatar

The trouble with natural gas

Natural gas was supposed to be the answer to all our energy dreams. It’s produced in America, cheap, plentiful, and guilt-free, like the fuel version of Diet Coke. In the dream, it is a lifeline for struggling family farms that can make money leasing their mineral rights. It will wean us off dirty coal for generating electricity, and yet be so cheap that poor people don’t have to be cold at night. It will power the American manufacturing renaissance. It will bring down carbon emissions and stop global warming from happening, making it the savior of the whole world, including Greenland’s glaciers, the coral reefs, the polar bears, and civilization itself.

The new technique of natural gas extraction known as hydraulic fracturing with horizontal drilling, or “fracking,” has unlocked vast supplies of methane trapped in shale formations across the country, driving down the price of natural gas to historic lows and promising a supply that the government estimates will last 92 years at current consumption levels. Electric utilities have been switching from dirty coal to “clean natural gas” at record rates.

But instead of ushering in a future of boundless clean energy, natural gas has been setting off alarm bells all over the country. First, there are those family farmers and other landowners who leased their land for fracking and now say it has contaminated wells and surface water, polluted the air, killed farm animals, ruined crops, and made their lives a living hell with all-day, all-night truck traffic.

The heck with them. They signed contracts. Caveat greedy landowner, right?

Let’s offer a little more sympathy to their neighbors who suffer the consequences without getting lease payments. But keep in mind that the gas industry denies all charges. None of this happened. Or if it did, the ruined water wells were due to naturally-occurring methane or other chemicals in the area, and it is an unlucky coincidence that the pollutants reached hazardous levels in the drinking water aquifer shortly after a gas company drilled down through it en route to the natural gas thousands of feet below, with impenetrable rock layers in between.

I once heard a gas industry lobbyist inform a room full of conference attendees that it was impossible for a fracking operation to contaminate drinking water. I was reminded of the way the computer geeks in college used to insist there was no such thing as a computer error. “I’m sure you’re right,” the rest of us would answer humbly. “Now can you help us recover the data?”

At least the computer geeks would then get busy fixing the bugs so that the next time the system crashed, it was from an entirely different cause. Gas company lobbyists have been stuck at denial, and it has only done them damage with the public. Admitting to a bad well casing seems far preferable to driving a now-widespread belief that methane is migrating up through rock fissures caused by fracking.

As for the other complaints—the 24-7 truck traffic, extra air pollution from operations, polluted wastewater, and occasional surface spills—the response from the gas industry and its friends has been that this is the price of progress. Industry is not pretty. Get over it. Who entitled you to a quiet life in the countryside?

But another alarm bell has been ringing, and it gets progressively louder. This one warns that drilling for natural gas, far from being the answer to climate change, may actually be making it worse. The problem is one of  “fugitive” emissions, which sounds vaguely criminal and exciting, but simply refers to the small percentage of natural gas that escapes into the atmosphere at drilling sites. Methane, the major ingredient of natural gas, is a greenhouse gas that is much shorter-acting than carbon dioxide but twenty-five times more powerful. If recent analyses prove correct, the amount of methane that escapes during the fracking process may be enough to make natural gas worse than coal as a driver of climate change. This is especially unhappy news given that natural gas integrates well with more variable energy sources like wind and solar, and environmentalists had been counting on it to help in the transition to a future powered mainly by renewable energy.

The trillion-dollar question is whether all these problems are inherent in natural gas drilling, or whether the gas companies could solve them if they put their minds to it. After all, wind energy companies have shown they can be responsive to environmental concerns and still grow as an industry. Environmentalists have turned from being the biggest critics of wind energy to its biggest advocates. There’s no rule saying gas drillers have to stonewall, or that the companies with the best operations have to support those drillers whose operations threaten communities and the climate.

Drilling companies don’t want methane to escape, obviously, because that is lost revenue for them. But neither do they seem to be making heroic efforts to monitor and prevent fugitive emissions. A few companies have been using innovative approaches to solve other problems, however. One has developed a method that uses propane as the fracking fluid, saving millions of gallons of fresh water for every well. The propane returns to the surface with the gas to be reused in a virtuous cycle.

Unfortunately, this method turns out to be more expensive than using water, which is often free if you grab it before anyone else realizes they might need it. So while you have to admire the elegance of the propane solution, you can’t really expect any self-respecting capitalist to adopt it just because it is better for society in general.

The same is true of an experimental approach that uses CO2 as the fracking medium. When water is the medium, most of what is injected remains underground permanently. CO2 seems to behave the same way, suggesting that the fracking wells might be able to sequester enough carbon underground to offset much of the CO2 that is emitted when the gas is burned. Coupled with carbon capture technology at plants burning natural gas for electricity, this technique would significantly lower the carbon footprint of natural gas. Whether it is enough to offset the problem of fugitive methane emissions is unclear.

But CO2 is already used in oil extraction, and drilling companies can’t get enough of it as it is, because carbon capture is expensive. Sure, it’s not as expensive as adapting our coastal cities to rising sea levels caused by climate change, but that’s a cost to society; carbon capture is a cost to industry. Any gas company or utility that adopts more expensive methods than its competitors, just because it’s better for society, won’t be around for long.

Capitalism can’t solve this problem alone, or any of the other pollution issues posed by natural gas extraction. Nor are individual states able to regulate practices effectively, because companies that face higher costs in a well-regulated state will move to states with more lax regulations in order to retain their competitive position.

The only effective answer is for the federal government to impose a set of best practices that apply to all members of the industry nationwide, so the good actors aren’t placed at a competitive disadvantage. The requirements would include extraction practices that minimize the risk of groundwater and surface water contamination, reduce air pollution, and prevent the escape of methane into the air. They would provide for monitoring and analysis, so regulators and industry would know where, when and how to take corrective measures. They would also cover the consumption end of the cycle, requiring carbon capture technology for all new fossil-fueled electric generation, and ensuring that the costs to society are borne by the industry.

This isn’t a radical idea, by the way. It is how we used to approach industry-wide problems, back before fossil fuel lobbyists reframed regulation as a dirty word that meant we were no longer a free people. The natural gas industry is now in a hugely dominant position over other fossil fuels. They can afford to implement rigorous best practices across the board and still retain a competitive edge. They should be lobbying to make them universal, not fighting efforts to regulate.

The alarms bells are growing louder. Will the gas industry rise to meet the emergency, or just keep trying to cut the wires?

Unknown's avatar

Greenwashing Virginia’s renewable energy law, part 3: you can’t clean ugly

If you’ve been following the woeful tale of Virginia’s renewable portfolio standard, by now you know it hasn’t produced a single electron of wind or solar power in the commonwealth, nor is it ever likely to. Fellow citizens, what is to be done?

Let’s review what happened in last year’s legislative session, when word got out that Dominion Power was meeting the state’s renewable energy goals by buying cheap renewable energy certificates from decades-old projects involving dams, trash and wood—and collecting tens of millions of dollars annually as a “bonus” for doing so. Outraged environmentalists pushed for a reform bill that would let utilities collect this bonus from their customers only if they invest in new, Virginia-made wind and solar projects—essentially, what we thought the law was about in the first place.

It was a well-crafted, solid, common-sense bill. It died without even a hearing.

But meanwhile, Governor McDonnell got two bills passed that actually made the law worse. The first one said that in addition to energy from old dams, trash and wood, utilities can meet our goals by purchasing renewable energy certificates generated by universities showing they’ve done some research into renewable energy.

Research is an admirable activity. Most of us approve of research. We approve of universities, too. But even when you put universities and research together, not a single electron of energy flows into anyone’s home. Under what possible theory does it qualify as renewable energy?

Also newly qualifying, thanks to the governor, are certificates representing an industrial process used by a Virginia corporation called MeadWestvaco. This also won’t put energy on the grid, but it creates a brand-new income stream for MeadWestvaco, paid for by utility customers—though not by large industrial users like MeadWestvaco itself, which got themselves exempted from paying for the added cost to utilities of renewable energy.

Lobbyists, my friends, are worth every dime of their inflated paychecks.

No doubt this clever bill will stimulate the creative juices of other corporations to figure out how they, too, can feed at the renewable energy trough. As a service to anyone wondering how to get their ideas into law, I note that MeadWestvaco gave $75,000 to Bob McDonnell’s campaign for governor and his inaugural committee. This is what we call the Virginia Way.

After these two bills passed, Governor McDonnell announced he had taken important steps to promote renewable energy. Advocates of renewable energy promptly asked him not to do us any more favors. Heading into the next session, we’re gravely concerned that he wasn’t listening.

Attorney General Ken Cuccinelli offered a different approach: repeal the RPS law, or at least repeal the bonus utilities get. Mr. Cuccinelli is more famous for attacking the credibility of climate scientists than for embracing renewable energy, but with the environmentalists’ reform bill dead, the Sierra Club ended up supporting the AG’s bill rather than see the consumer rip-off continue.

But that bill failed, too, though it got several votes from Cuccinelli allies in the House, some of whom are pretty sure that if renewable energy succeeds, the United States will become a failed socialist state occupied by blue-helmeted U.N. troops. (If you think I am making that up, check out some Virginia Tea Party websites.) It is safe to conclude that votes for the AG’s bill were not votes for renewable energy.

Cuccinelli’s bill shared the same fatal flaw as the reform bill: Dominion Power opposed it. In case you haven’t caught on by now, Dominion almost always gets its way in the legislature, and it sure isn’t going to allow either the AG or the Sierra Club to take away its free money.

The upcoming session could be interesting. Mr. Cuccinelli is running for governor next year, which makes him the leading Republican in the state, with all due respect to Bob “Lame Duck” McDonnell. This fall Cuccinelli issued a report critical of Virginia’s appalling RPS, and has signaled he plans to go after the bonuses again.

Which is more powerful for Republicans, political allegiance or Dominion’s campaign cash? Which matters more to Democrats, renewable energy or Dominion’s campaign cash? Which matters more to Governor McDonnell, his party or his tight relationship with Dominion’s CEO (not to mention the campaign cash)? Not surprisingly, legislators are begging Dominion and the AG’s office to work something out together so they won’t have to pick sides.

Concerned that a “compromise” may serve political ends but leave the public out in the cold, environmental groups plan to bring their own citizen’s army to Richmond in support of reform. They’d like to see a compromise that lets Dominion keep its bonus payments by earning them with Virginia-made wind and solar. It’s so little to ask–yet, based on past years’ experience, it may still be too much to hope for.

Which brings us to the third option for outraged citizens. Buy Dominion stock. Seriously, if the company is going to wind up on top every time, you may as well get in on the profits.

Maybe you can use your dividends to buy solar panels.

Unknown's avatar

Greenwashing Virginia’s renewable energy law, part 2: Check, please!

Maybe not quite what we had in mind.

Maybe not quite what we had in mind.

In our last column, we looked at Virginia’s renewable energy standard, trying to grab hold of its 15% goal as it shrank three sizes in the greenwash. At the end of that discussion, you may have consoled yourself with the thought that 10% or 5% or 3% is, at least, better than nothing. Besides which, the law is only voluntary, so how much harm can it do?

Voluntary” has such a nice ring to it, doesn’t it?  You probably think it has something to do with customers deciding whether to participate. You might think it’s for those virtuous people who sign up to buy “green” power, and the rest of us will just go on burning coal.

That is not what voluntary means at all. “Voluntary” means your utility gets to choose whether to participate, and then you have to go along with it. The law says that if your utility opts in, it will spend some of your money on renewable energy, and then because it did all that work, you have to add a big tip to your utility bill.

I suppose, in theory, a utility like Dominion Power might decide it didn’t want to spend your money, and it could just skip the fat tip. In reality, refusing a tip isn’t part of a corporation’s DNA any more than it is of a waiter’s. Tom Farrell’s momma didn’t bring him up to be a fool who leaves money on the table. So our voluntary RPS is kind of like one of those annoying restaurants where they automatically add the tip to the bill for parties of six or more.

In this case, the tip adds up to more than $38 million per year. Mind you, this is on top of the profit they had already added to your bill. This is a very lucrative line of business.

Well, you might think, at least I got fed. You like renewable energy, after all. It replaces smog-causing fossil fuels. It lowers our carbon footprint. It creates jobs and enhances our national security. A utility shouldn’t have to be bribed into buying it for you, but at least now it’s part of the meal.

But look more closely. If that renewable energy were food, you’d send it back. You assumed you were getting fresh, Virginia-grown electrons, made with the sun and the wind—and what is this stuff they are serving? Energy from dams, trash and wood, most of it fifty years old or more, of such poor quality that no other state will let it be served to their customers. They only call it “green” because it’s practically moldy. (And such small portions!)

You call your utility over and demand an explanation. “Where’s the wind energy? Where’s the solar? Why isn’t this fresh and local?” And your utility looks down its nose at you and answers, “Those things cost more. We have an obligation to be careful of your money. So for you, we go dumpster diving.”

At that point, you might be glad the renewable energy portion of your meal barely amounts to a garnish. The trouble is, you can’t take your business elsewhere. Your utility has a monopoly, and it guards your patronage jealously. So you’re stuck with the meal they serve you. The closest you’re going to get to real renewable energy is the picture of a wind turbine on the cover of the menu.

It’s only now that you notice an asterisk by the wind turbine and fine print that reads: “Coming soon!” And below that, in print so tiny you have to reach for your glasses: “Or not.”

Unknown's avatar

Greenwashing Virginia’s renewable energy law, part 1: Honey, I shrank the goals!

Criticism of Dominion Virginia Power has been steadily mounting over the $76 million dollars the company has been awarded as a “bonus” for complying with Virginia’s voluntary renewable energy law. Last week Attorney General Ken Cuccinelli weighed in with a report echoing the charges environmentalists have been making for the past year: Dominion has succeeded in meeting the letter of the law, and collecting bonus money from its customers, without investing in any new renewable energy projects.

The AG’s office exonerates Dominion, claiming the real failure is the legislature’s for passing a law that allowed this to happen. Silly Mr. Cuccinelli: this is Virginia. Dominion wrote the law.

But it’s worse than you know. The money-for-nothing issue is partly a result of the statute’s failure to require new investments in high-value projects like wind and solar energy as a condition of earning the bonus, but it is also a function of the extremely modest targets set by the statute itself. Virginia’s renewable energy goal is usually stated as 15% renewable energy by 2025, but when 2025 rolls around, the goal will be met with less than half this percentage, possibly much less.

The greenwash works like this: the statute sets a 2025 target for renewable energy to make up 15% of “total electric energy sold.” You probably think you know what “total electric energy sold” means. You don’t. Only if you are whiling away an idle afternoon reading the definitions section of the statute do you learn that “total electric energy sold” is defined as the total amount of electricity sold, minus the amount provided by nuclear power. In the case of Dominion Power, nuclear is about a third of the total. So for Dominion, 15% of “total electric energy sold” actually means only 10% of its electricity sales.

You will rarely see Dominion acknowledge this, though until recently its executives worded their statements carefully so they could not be accused of actually lying to anyone. Lately, however, the company has grown careless with the truth. A press release dated October 4, 2012 includes this fun quiz question and answer: “Is Dominion investing in renewable power sources? (A) Yes, in Virginia Dominion has committed to getting 15 percent of its power from renewable sources by 2025.”

Yet even if this statement said Dominion would get 15% of its “non-nuclear power” from renewable energy by 2025, it would still be wrong. When 2025 arrives, meeting the goal won’t require Dominion to achieve anywhere near 15% of its non-nuclear sales (10% of total) from renewable energy. That’s because the target percentage is measured against 2007 sales, not 2025 sales, and Virginia is growing. Assuming sales increase a little under 2% per year as Dominion projects, by the time 2025 rolls around, meeting the goal will require only about 7% renewables. If Dominion builds the new nuclear plant it wants, that number will shrink further.

Conceivably the number could go even lower. Since 2007, Virginia politicians have twice demonstrated how much they love renewable energy by watering the goal down even further, but doing it in a way that makes it sound awesome. They passed bills that say utilities will get double credit for any wind and solar they use to meet the goal. In fact—what the heck—if they build offshore wind farms, we’ll give them triple credit!

Wow, triple credit! That’s great! Isn’t it?

Come to think of it, no. Combine that with the other sleights-of-hand, and now Dominion could satisfy Virginia’s entire 15% renewable portfolio goal with about 3.5% of our electricity coming from solar energy or wind farms on land. For offshore wind, less than two and a half percent would do it. And that’s thirteen years from now.

Chances are, this doubling and tripling will never matter. Dominion “earned” its $76 million bonus for meeting the letter of the law with electricity from old dams and biomass (i.e., wood-burning), and by buying cheap credits from out of state. Dominion can get enough of this cheap renewable energy that it will be able to meet the goals through 2025 without investing in wind and solar.

Given Dominion’s approach to meeting the goals, it might be just as well that the target is so low. But then you have to wonder: $76 million for that?

Unknown's avatar

Offshore oil drilling in Virginia: undead and ugly

Photo: U.S. Coast Guard

Drilling for oil off Virginia’s coast is once again a possibility, popping up like a zombie when we thought it was dead (again). As the New York Times reported, “Efforts are focusing on Virginia because the public, politicians in both parties and energy companies all favor opening the waters to drilling.”

It will be news to many members of the Virginia public that we favor drilling off our coast, but there’s no doubt that oil companies are itching to open the Atlantic coast to drilling rigs, and plenty of Virginia politicians make it a talking point. Senators Warner and Webb are on board, as is Senator-elect Tim Kaine. Most famously, Governor McDonnell came into office dreaming of the highways he would build when his tanker ship came in.

For oil companies, Virginia is the thin edge of the wedge. Our share of federal waters is quite small because of the odd way that boundary lines are drawn. Virginia is targeted mainly as a means of cracking the line of resistance created by other eastern states. It’s a shame so many of our politicians are eager to help in the cracking.

It used to be that when Democrats and Republicans agreed on something, that improved the odds of it being a good idea. These days, it often just means they are taking money from the same corporations. Money alone may not buy a politician’s votes, but it most certainly buys lobbyists access to politicians, and access has a way of producing votes. So perhaps the surprise is not how many politicians have jumped on the drill-baby-drill bandwagon, but how many have not.

Some naysayers, including Congressman Gerry Connolly (D-Fairfax), point out that drilling off our coast is opposed by the U.S. Navy, which uses most of Virginia’s leasing area for its operations. These include testing air and surface missiles and bombs, which traditionally don’t pair well with oil rigs and tankers. (On the other hand, the Navy supports offshore wind farms, which would be located away from operations.)

Other legislators, like Congressman Bobby Scott (D-Newport News) oppose drilling because of the environmental hazards, and the danger posed to fishing and tourism.

Of course, no politician will admit to being unconcerned about the environment, including the ones who are very obviously unconcerned about the environment. This is why they say they support “environmentally safe offshore oil drilling.” The phrase is so familiar that we have come to take it for granted, but it actually bears some thinking about. Saying he supports “safe oil drilling” suggests a politician has in mind another kind of oil drilling–the unsafe kind–that he would not support.

But you’d be hard-pressed to find any restrictions on the drilling industry that the drill-baby-drill crowd supports. These politicians considered offshore drilling “environmentally safe” right up to the day millions of barrels of oil began gushing into the Gulf of Mexico and causing billions of dollars’ worth of damage. Drilling methods haven’t changed since the Deepwater Horizon disaster, and oil spills have continued to occur in the Gulf and elsewhere.

So let’s put in a plug for Truth in Advertising. Politicians, if you think extra American oil is worth the occasional catastrophic oil spill, then say so. Pretending there will never again be another Deepwater Horizon makes you look out of touch with reality, and the fact that a significant proportion of the voters are also out of touch with reality is not an excuse.

If you’re okay with drilling, tell us your Plan B for Virginia: how you would deal with the effects of a spill that fouls our coastline, kills wildlife, and contaminates everything that lives in the ocean, over an area that could be hundreds or thousands of square miles. If winds and tides spread the contamination onto Assateague Island or into the Chesapeake Bay, what’s your plan?

The folks in our commercial and fishing industries, and all the people who live and work in beach towns, should hear you talk about how confident you are in their ability to get by for a season on government handouts; if there’s longer-lasting damage, how maybe they can move to Northern Virginia and work in retail. I’m sure you can make it sound appealing.

And if you can’t, then maybe it’s time to kill the drilling zombie for good. You may be taking money from oil companies, but your job is to look out for Virginia.

Unknown's avatar

Mother Nature to be sued for copyright infringement

Hurricane Sandy, in an image clearly copied from “The Day After Tomorrow”

To: Mother Nature, d/b/a “Hurricane Sandy”

Re: Copyright infringement

Dear Ms. Nature,

It has come to our attention that you and/or your agents have made unauthorized use of certain intellectual property belonging to our client, Twentieth Century Fox Film Corporation (“Fox”), including images, illustrations, plotlines, audio and video unlawfully appropriated from “The Day After Tomorrow,” a motion picture owned by Fox. This letter is to notify you that we believe your actions constitute a violation of U.S. copyright law, 17 U.S.C. § 101 et seq.

It is clear that the plotline of Hurricane Sandy has been substantially copied from portions of “The Day After Tomorrow.” The motion picture is a dramatization in which a storm of epic proportions bears down on the eastern United States, causing massive destruction and widespread flooding, including in Manhattan. Scientists in the movie say human-induced climate change is the reason for the storm’s unusual size and damaging force.

Your agent, Hurricane Sandy, was a storm of epic proportions that bore down on the eastern United States, causing massive destruction and widespread flooding, including in Manhattan. Scientists in real life say human-induced climate change is the reason for the storm’s unusual size and damaging force.

Certain scenes from Hurricane Sandy appear to be copied directly from portions of the motion picture. Photographs taken during and after your storm depict waves swamping buildings, taxicabs in floodwaters up to the windows, lower Manhattan completely dark, and a flooded subway system—images closely replicating events in “The Day After Tomorrow.” We believe this demonstrates a clear infringement of our client’s copyright.

Moreover, we feel it is incumbent on us to point out that your actions in turning a fictional and hypothetical entertainment into actual fact violate the expectations of the public that climate change is and will remain a matter of mere speculation concerning events that are firmly in the future. The American audience expects the continued burning of fossil fuels to produce entertaining epics like “The Day After Tomorrow,” while having no actual effect whatsoever on their lives. Your insistence on demonstrating that a warming ocean will produce larger and more damaging hurricanes is, frankly, in poor taste.

This letter will serve as notice of our intent to pursue any and all remedies available to our client under applicable law, including an injunction against further infringing activities.

Yours truly,

I.M. Cole

Law Offices of Cole & Oyle, LLC

Unknown's avatar

Coal and the big lie

Hurricane Sandy swept into town this week, reminding Americans that climate change may be the Issue That Cannot Be Talked About, but that doesn’t mean it has gone away. Suddenly the fact that the two presidential candidates have been trying to outdo each other in professing their love for coal comes across as unseemly, if not downright perverse. Surely this would be a good time to acknowledge the impossibility of preventing the catastrophic effects of increasing carbon emissions if we are unwilling to stop burning the things that emit carbon—chief among them, coal.

So a war on coal might be a good idea, although the idea that the Obama Administration has been waging one is nonsense. The reasons for the decline of the coal industry are primarily the flood of cheap natural gas, which is out-competing coal as a fuel for electric generation, and the increasing cost of coal, especially in Appalachia.

Indeed, the Appalachian coal industry has been on the decline for years. The richest and most easily-reached coal has been mined, leaving thin seams that take more effort and expense to extract, pushing the price of Central Appalachian coal well above that of coal from the Powder River Basin further west.

From 1990 to 2006–before the recession, before the Obama presidency, and before the price of natural gas collapsed–Virginia coal mining declined from about 10,000 workers to about 4,500.  The U.S. Energy Information Agency projects that Virginia coal production will continue to decline through the rest of this decade.

But coal executives prefer to lie to workers than admit they can’t compete in the free market, and the politicians who’ve taken hundreds of thousands of dollars from the coal companies would rather parrot their lies than admit they have failed their constituents. Coal companies and their political bedfellows have been exploiting coal miners for two centuries; it’s no surprise to see them using these workers now as pawns in the presidential campaign.

But fingering the real culprits for coalworkers’ distress is the easy part; what’s harder is helping the residents of the coalfields areas find new jobs to replace the ones that are never coming back.

Ironically, in Virginia it has been environmental groups like the Sierra Club and Appalachian Voices that have championed a plan to do just that. For several years they have been urging an end to the approximately $45 million annually in state taxpayer subsidies that currently go to enrich coal companies, and replacing them with incentives to support new jobs in tourism, technology, clean energy and other industries.

This proposal should have gotten traction last year, when a report by the state’s Joint Legislative Audit and Review Commission (JLARC) concluded that the subsidies do not achieve their goal of supporting coal employment, and indeed that  “changes in coal mining activity appear unaffected by the credits.”

One would have thought that Republicans especially might have jumped at the chance to cut $45 million per year of wasteful spending, or that Governor “Bob-for-Jobs” McDonnell would have gladly seized the opportunity to build a jobs program that did not add a new line-item to the budget.

Following the release of the JLARC study, the legislature and the Governor did act—to extend the coal company subsidies for several more years. The message to the residents of southwest Virginia could not have been any clearer: it’s the coal company executives and their money we care about, not the miners and their families.

The presidential election will be over in a few days. Regardless of who wins, the Virginia coal industry will continue its decline. The only question left is how long the miners will accept being lied to.