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Trump’s attack on offshore wind is hurting Virginia. Why aren’t Republican leaders fighting for us?

On May 5, attorneys general from 17 states and the District of Columbia — not including Virginia, regrettably —  sued the Trump administration over its attacks on the wind industry. The lawsuit challenges an executive order, signed by President Donald J. Trump on his first day in office, stopping all approvals, permits and funding for wind projects across the country and offshore. 

Since the order was signed, the administration hasn’t just blocked new projects, it’s issued a stop-work order for one project under construction in New York and revoked a permit for another. The actions inflict enormous damage on the wind industry and on the economies of states that need the energy and jobs this industry could deliver.

One state that will lose big under Trump’s order is Virginia, which has positioned itself to be a national leader in offshore wind deployment, supply chain and manufacturing. On top of that, Virginia badly needs the electricity from offshore wind to help meet the demand from data centers; it can’t afford to have a major new source of energy strangled in its infancy. Yet Attorney General Jason Miyares did not join the lawsuit.

Sure, Miyares wants to be a good soldier in the Trump putsch. And no doubt he wouldn’t feel at home among all those Democratic AGs (there were no Republicans signing the complaint). But he could at least speak up in his state’s interest. Some well-timed advocacy would go a long way in showing the administration that wind energy is not a partisan matter. 

It doesn’t have to be just our attorney general, either. The silence from Gov. Glen Youngkin has been equally deafening. What are they afraid of? Youngkin can’t run for reelection, and Miyares has already secured his party’s nomination in his bid for reelection this fall.

Any politician who styles himself as pro-business ought to be pushing back on the Trump administration’s interference with contracts, destruction of American jobs and infliction of billions of dollars in damage to a growing domestic industry. Especially when it is happening to their own state, the big risk is in not speaking out.

And let’s face it, attacking wind energy is Trump’s own peculiar hobbyhorse, not his party’s. Though Republican support for wind energy has dropped a bit in recent years, it remains above 50%. Onshore wind is the largest source of electricity in Iowa and South Dakota and a major source in several other Republican strongholds. Wind power is responsible for billions of dollars in economic investment while keeping utility rates low in states that rely on it. 

Offshore wind is more expensive, but states have embraced it for its potential to lower electricity bills over time while relieving grid congestion, creating well-paying jobs and providing clean, zero-carbon power to East Coast cities. Thirteen states have established offshore wind development goals, totaling over 112 gigawatts (GW) by 2050. 

In Virginia, Republican leaders have been among the biggest boosters of offshore wind for more than 15 years. Legislators from both parties supported the creation of the Virginia Offshore Wind Development Authority. With a boost from then-Gov. Bob McDonnell, the Virginia Department of Energy partnered with Dominion Energy on a research project that produced the nation’s first offshore wind turbines in federal waters. Republican support also paved the way for Dominion’s development of the 2.6 GW Coastal Virginia Offshore Wind (CVOW) project, now more than halfway to completion and expected to begin delivering electricity next year. 

Nor is CVOW a one-off; the Virginia Clean Economy Act declares twice as much offshore wind power to be “in the public interest.” At the offshore wind International Partnering Forum held in Virginia Beach last month, Dominion displayed a poster of the projects it has in the works. These include a project off Kitty Hawk, North Carolina, which Dominion acquired last October, as well as a huge lease area east of CVOW, which Dominion secured in a lease auction from the federal government last August. All told, Dominion’s projects could deliver a total of 9 GW of clean, renewable power. 

A poster displaying Dominion Energy’s planned offshore wind projects.

As important as the energy itself is, Virginia leaders believe offshore wind can be a driver of economic development and job creation for the Hampton Roads area. The Virginia Economic Development Partnership touts Virginia’s strategic location, strong maritime industry and ready workforce as draws for businesses up and down the offshore wind supply chain.

Some businesses have already set up shop in Virginia to serve the industry. These include most recently a Korean subsea cable manufacturer that is investing almost $700 million for a facility in Chesapeake. Gov. Glen Youngkin was on hand for the groundbreaking last month, calling it “a proud moment for Virginia.” Attracting the company was only possible because of Virginia’s commitment to the wind industry – as well as the availability of federal tax credits that Trump also intends to eliminate. 

CVOW will likely survive Trump’s attacks (albeit at a higher cost due to his tariffs), but Virginia’s ability to develop an offshore wind workforce and supply chain are very much at risk. The Trump administration’s war on wind power already threatens developers with losses in the billions of dollars. With permitting at a halt, companies are headed for the exits instead of creating the project pipeline necessary for offshore wind to become the powerhouse industry that it is in Europe and Asia.

Trump may have planned his economic sabotage to hurt northeastern states with Democratic governors, but the collateral damage to Virginia is considerable. As it is, our economy has taken a hit from Trump’s mass firings of federal workers, thousands of whom live here. We can’t afford to lose four years of offshore wind progress for no better reason than that Trump wills it. 

Silence is not an acceptable response. Miyares and Youngkin must speak up for Virginia.

Originally published in the Virginia Mercury on May 19, 2025.

Update: On May 20 we learned Trump’s Department of the Interior rescinded its order to shut down the $5 billion Empire Wind project in New York, reportedly after Gov. Kathy Hochul agreed to reverse a decision five years ago denying a permit to a natural gas pipeline. This is being billed as a “compromise,” which is apparently what extortion is called when the Trump administration does it.

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Utility efforts to undermine rooftop solar meet stiff opposition from Virginia customers

Photo courtesy of Solarize Blacksburg

Virginia’s investor-owned utilities thought 2025 would be the year they put an end to net metering – and with it, rooftop solar installers’ modest competition with their monopoly.. The 2020 Virginia Clean Economy Act (VCEA) removed many barriers that residents and businesses installing solar panels under the state’s net metering law had faced, but it also called for the State Corporation Commission to reevaluate the program, beginning right about now. 

 Not surprisingly, Dominion Energy and Appalachian Power are seizing this opportunity to push for changes that would undermine the economic calculus supporting customer-owned solar.  

Since at least 2007, Virginia law has required that customers of Dominion and APCo who have solar panels on their property be credited for surplus electricity they supply to the grid at the same retail rate they pay for electricity. The credit is applied against the cost of the electricity the customer draws from the grid at times when the panels aren’t generating, reducing what they owe on their electric bill. 

But now that they have the chance, both utilities have filed proposals to end net metering. Both essentially propose to charge new solar customers the full retail rate for the electricity they draw from the grid (with Dominion using a more complicated half-hour “netting”), but compensate them for electricity fed to the grid only at the utility’s “avoided cost,” or what it pays to buy electricity from other generators. By law, existing customers and new low-income customers with solar would be unaffected.

APCo calculates avoided cost as the wholesale cost of energy and capacity, plus transmission and ancillary services, for a total of less than 5 cents per kilowatt-hour. Thus, a homeowner with solar panels would now pay the full retail rate of about 17 cents/kWh for electricity drawn from the grid, while being credited at less than one-third that amount for electricity put back on the grid. 

Dominion’s approach instead pegs avoided cost to what it pays for solar generation and associated renewable energy certificates (RECs) bought from certain small producers under power purchase agreements, an average of about 9.5 cents/kWh. Dominion’s residential rate currently averages about 14 cents/kWh, but would go up to more than 16 cents if its latest rate increase request is granted.

The VCEA gave APCo the first swing at the piñata. APCo filed its proposal in September, and the SCC will hold an evidentiary hearing on May 20. Dominion only filed its petition last week, and no hearing date has been set yet. 

Not surprisingly, APCo’s proposal generated fierce opposition from advocates and solar installers. They point out that it’s hard enough to make the economics of home solar work with net metering at the retail rate; slashing the compensation for electricity returned to the grid by more than one-third, as Dominion proposes, or two-thirds, as APCo wants, would make solar a losing proposition for most homeowners. Maybe economies of scale and other factors would allow the market for commercial solar to survive under Dominion’s program, though Dominion’s insistence on confiscating customers’ RECs won’t make anyone happy.

If solar owners definitely lose under APCo’s plan, advocates say other ratepayers don’t necessarily win. A homeowner’s surplus generation travels only the short distance to the nearest neighbor, lessening the need for the utility to generate and transmit power to meet the neighbor’s demand. Since the utility charges that neighbor the regular retail rate for the electricity, without having to bring it from somewhere else, the utility saves on transmission costs. On top of that, the surplus solar comes in during the day, when demand is typically higher than at night and electricity is more costly, making solar more valuable to the utility. Plus, it is clean and renewable, and the customer bears all the cost and risk of the investment.

Utilities do not share this rosy view. By their way of thinking, solar customers use the grid as free energy storage and backup power, without paying their fair share of grid costs. Not only does this deprive the utility of revenue, but those grid costs now have to be spread out among the remaining customers. This, they say, creates a cost shift from solar owners to everyone else. 

More than a decade ago, Virginia took tentative steps towards resolving the dispute, with the Department of Environmental Quality setting up a stakeholder group to work towards a “value of solar” analysis. The process was never completed — the utilities walked away from the table when it appeared the results weren’t going to be what they wanted, and the group’s work product did not include numeric values or policy recommendations. 

Virginia is hardly alone in navigating these clashing narratives. 

Other states and regulators have arrived at very different conclusions as to the “correct” value of distributed solar to utilities, ratepayers, and society as a whole. States like Maryland kept net metering after a value of solar analysis concluded the benefits outweighed the costs. On the other hand, California famously ended its net metering program in 2022 when solar comprised almost 20% of electricity generated in the state and created a mid-day surplus without enough storage to absorb it; at the time, 45% of that solar was distributed. That same year, however, Florida Gov. Ron DeSantis vetoed an unpopular bill that would have phased out net metering in the state.

The experience of other states, combined with an abundance of research and analysis conducted over the years, gives the SCC a lot to work with as it considers the fate of net metering for APCo’s customers this year, and later for Dominion’s.

Countering the arguments of the utility’s hired witnesses, solar industry and environmental organizations have weighed in on the APCo docket with testimony from experts with nationwide experience. The experts pointed out a range of errors and omissions in the utility’s work product. They also presented their own benefit-cost analyses demonstrating a value for distributed solar in excess of the retail price of electricity, using tests often applied to energy efficiency and demand-response programs.

Perhaps even more significantly, SCC staff also filed an analysis that found many of the same problems with APCo’s proposal, including failures to comply with statutory requirements. The staff report did not include a quantitative analysis, but it urged the importance of considering benefits that APCo had ignored. Like the intervenors, staff recommended the commission reject APCo’s plan and retain its net metering program as it is, at least for now.  

Although the staff report would seem likely to carry weight with the commissioners, it’s never easy to predict what the SCC will do in any case before it. But in Virginia, unlike California, distributed solar makes up vanishingly little of total electric generation. Even taking the utilities’ arguments at face value, it seems foolish to upend this small but important market to remedy a perceived harm that is, at least for now, more theoretical than real. 

This article originally appeared in the Virginia Mercury on May 8, 2025.

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Will special rate classes protect Va. residents from the costs of serving data centers?

Data center between housing community and a bike path
A data center in Ashburn, Virginia. Photo by Hugh Kenny, Piedmont Environmental Council.

For the past few years, observers have been warning that the huge surge in demand for electricity to serve data centers will mean higher electricity bills. In its December 2024 report on data centers in Virginia, the Joint Legislative Audit and Review Commission (JLARC) confirmed projections that the increased demand for power and the need for new infrastructure to serve data centers would raise rates for everyone, not just the data centers. 

Right on cue, on March 31 Dominion Energy Virginia filed a request with the State Corporation Commission to increase the rates it charges to all customers. If granted, the increase would amount to an additional $10.50 on the monthly bill of an average resident. In a separate filing on the same day, Dominion asked to increase residents’ bills by another $10.92 per month to pay for higher fuel costs.  

Either out of a monumental failure to read the room, or because Dominion executives feel they might as well be hung for a sheep as a lamb, the rate filing also asks for an increase in the company’s authorized rate of return, from 9.7% currently to 10.4%.

But it’s not all bad news. Along with the rate increase request, Dominion filed a proposal to create a new rate class for large-load customers like data centers. The move coincides with enactment of new legislation requiringthe SCC to examine whether electric utilities should separate data centers into their own rate class to protect other customers, something the SCC was in fact already doing. 

And Dominion is not alone. Virginia’s other major investor-owned utility, Appalachian Power, filed a similar proposal on March 24, following onefrom Rappahannock Electric Cooperative (REC) on March 12. The proposals reflect a growing consensus that ordinary residents should not be forced to bear the cost of building new infrastructure needed only because of data centers. Moreover, if data centers close up shop before the costs of the new infrastructure are fully paid for, residents should not get stuck paying off these now-stranded assets.  

In Dominion’s case, there is good reason to worry. In the first day of testimony at the SCC regarding the company’s 2024 Integrated Resource Plan (IRP), a Dominion witness admitted that of the $7.6 billion worth of planned new transmission infrastructure listed in the IRP, residential customers will pay 55%, including for infrastructure that serves only data centers. 

It’s not immediately clear how much setting up a new rate class for data centers will change that outcome. Dominion proposes creating a new large-load class for customers using at least 25 MW at capacities of 75% or more (meaning that they have a consistently high level of electricity use, as data centers do). These customers would be subject to a number of new requirements, including posting collateral and paying for the substation equipment that supplies them. They would also have to sign 14-year contracts (including an optional 4-year ramp-up period) obligating them to pay for the greater of actual electricity use or 60% of the generation and 85% of the transmission and distribution capacity they sign up for, even if they use less.

Dominion says the proposed generation demand charge is much lower than that for transmission because transmission and distribution assets must be designed for 100% of capacity, while generation is only planned for 85% actual metered load. Based on that, though, you might think the correct demand charges would be set at 100% for transmission and 85% for generation. It’s also not clear whether 14 years is long enough to recover all the costs incurred to build new infrastructure, or whether that’s even the outcome Dominion is striving for. 

There are sure to be a lot more of these kinds of questions when the SCC takes up Dominion’s rate case. The SCC will have to evaluate Dominion’s proposed large-load tariff against a worst-case scenario: an industry-wide disruption that suddenly and dramatically reduces data center demand across the state, leaving a utility with excess generation and transmission capacity that can’t be backfilled and that other customers will be stuck paying for. 

Fortunately, Dominion’s proposal doesn’t have to be considered in isolation, since the SCC will be able to compare it to those from APCo, REC and utilities in other states. According to APCo’s filing, its new rate class would be limited to the largest new customers (those with at least 150 MW in total or 100 MW at a single site). These customers would be required to pay a minimum of 80% of contracted demand even if they use less, which the company says is a significant increase from the demand charge of 60% that applies to existing customers. (You’ll notice it’s also a lot more than the 60% demand charge Dominion is proposing for data centers.) 

APCo’s filing notes that its proposal is consistent with a data center tariff it recently agreed to in settling a case in West Virginia; in both cases, customers would have to sign 12-year contracts, following an optional ramping-up term of up to 4 years, with requirements for posting collateral and stiff exit terms. 

APCo has other experience to go on as well. Its parent company, American Electric Power (AEP), made news when its subsidiary in central Ohio proposed to charge data center customers at least 90% of contracted demand or 90% of their highest demand over the preceding 11 months, whichever is higher, and committing them to contract terms of at least 10 years, after a ramp-up period of up to four years. Data centers pushed back hard on these terms, and the Ohio Public Utilities Commission is considering different settlement proposals with somewhat lower demand charges. 

REC’s filing takes an entirely different approach. REC is the largest of Virginia’s co-ops, serving a territory that stretches from Frederick County in northwest Virginia down through Spotsylvania and as far east as King William County. As data center development pushes outward from Northern Virginia, REC finds itself overwhelmed with new demand. It now expects up to 17 gigawatts of data center demand by 2040, up from near zero in 2023, dwarfing all other customers’ loads.  

Like other utilities, electric cooperatives have an obligation to serve all comers in their territory, so if a new data center moves in, they have to provide the power. But unlike Dominion and other investor-owned utilities, co-ops are customer-owned nonprofits. They are highly motivated to protect their existing customers from the costs – and risks – involved in serving new ones. 

REC is a distribution cooperative only, with no generation of its own. Today, REC gets all its electricity from Old Dominion Electric Cooperative (ODEC), a sort of umbrella organization that owns generating plants and supplements those with power purchased on the PJM wholesale market. But when ODEC learned how much new data center load REC was expecting, it told REC to look elsewhere for the power. 

REC’s solution is to silo off big data centers and other customers with more than 25 megawatts in demand, and keep all the costs and risks involved within that space. According to the proposal the co-op filed with the SCC, data centers that want to get power from REC will have to post collateral, contribute to the cost of new infrastructure and sign two agreements, one for the power supply and one for its delivery. REC (or an affiliate it plans to create for this purpose) will buy electricity from PJM on the open market and pass through the cost. Alternatively, the data centers will be able to buy electricity from competitive service providers, allowing them, for example, to procure renewable energy.  

REC’s proposed delivery contract is similarly designed to ensure the data centers pay all the grid costs the utility will incur in serving them. In addition to contributing to the cost of new infrastructure, data centers will have to sign contracts with terms that must “be structured to recover the full cost of distribution and/or sub-transmission plant investment, maintenance and operation.” This includes payment of a demand charge that isn’t specified but appears to be as high as 100% of peak demand – meaning, there would be no risk that these grid costs would end up on the tab of residents and other customers outside the class.

REC’s approach might be seen as a sort of gold standard for protecting other ratepayers from the costs and risks involved in providing energy to data centers. It’s not a perfect antidote for rate increases, because the tight supply of generating capacity within PJM is already pushing up costs of electricity even for existing customers. And buying electricity on the open market may cost data center customers more than buying it from a utility that owns its own generation, as Dominion and APCo do. But that isn’t a concern that will keep REC’s other customers up at night. 

The very different approaches proposed by REC, on the one hand, and Dominion and APCo, on the other, reflect the difference between a nonprofit distribution cooperative and investor-owned utilities that build and own generation. Building stuff is how investor-owned utilities earn a profit. The bigger their customer base and the more electricity those customers demand, the more the profit. The data center industry looks to them like a big, fat golden goose. 

It isn’t surprising, then, that neither Dominion nor APCo are proposing solutions that put all the risks involved with serving data centers onto the industry, the way REC’s proposal does. As a new Harvard Law School reportdetails, the utility profit motive and the political muscle of Big Tech inevitably lead to a cost shift onto other customers.  

Maybe there is something different about data centers in Virginia that justifies involving ordinary residential customers in this risk. Dominion will surely make that pitch when the SCC takes up the case. 

It will be interesting to observe, but color me skeptical.

Originally published on April 25, 2025 in the Virginia Mercury.

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Distributed solar bills move forward, while progress on siting utility solar stalls out

Photo credit Norfolk Solar.

Virginia’s desire to be a leader on clean energy has faced numerous challenges over the past few years, coming from many different directions. Landowners who want utility-scale solar on their rural property face increasingly hostile county boards, with no provisions for relief. 

School systems, local governments and commercial customers that want solar on their buildings have been blocked by expensive new interconnection requirements imposed by Dominion Energy. And the clock is ticking on net metering, the program that gives customers with solar panels a one-for-one credit on surplus electricity they feed back into the grid. 

The solar industry is used to struggling for every foothold it gets in Virginia, but these new challenges come at a particularly bad time. With data center growth creating huge pressures on our electricity supply, Virginia needs more clean energy in every size range, and needs it now. Any coherent approach to meeting demand has to include removing unnecessary barriers to both utility-scale and distributed solar. That both are facing more barriers, rather than less, suggests the state still hasn’t figured out what it takes to be an energy leader.  

None of the legislation at the General Assembly this year addresses this fundamental failing head-on, but several bills took on some of the barriers. In particular, bills focused on rooftop solar and other distributed generation have made it to halftime in decent shape.

Sadly, the same cannot be said of bills designed to bring more utility-scale solar to Virginia, including siting legislation developed by the Commission on Electric Utility Regulation (CEUR) and carried by Del. Rip Sullivan, D-Fairfax, and Sen. Creigh Deeds, D-Charlottesville. The legislation sought to tackle the biggest obstacle to unleashing gigawatts of clean, low-cost energy across Virginia: local governments that deny permits to solar and energy storage facilities, acceding to neighbors who don’t want to have to look at solar panels where they once saw fields and forests. (Anti-solar fossil fuel front groups don’t help matters either.)  

On the House side, Sullivan’s HB2126 was killed in a subcommittee vote. Senate Bill 1190 made it to the Senate Floor but was defeated when two Democrats, Senators Russet Perry and Lashrecse Aird, joined with all Republicans in siding with localities that did not want to cede any part of their authority over land use. The bill would have pressured local governments, but it did not strip them of authority. They would have been required to include in their comprehensive plans targets for energy production and energy efficiency (the latter an interesting addition). In evaluating specific projects, localities would have had to consider advisory opinions that would be issued by a new interagency panel of experts recruited from Virginia universities. Perhaps of greatest import, localities would no longer have been allowed to adopt ordinances that ban all projects outright or place unreasonable restrictions on them, or deny permits “without a reasonable basis.”

The Senate bill “incorporated” (by which is meant, it jettisoned the provisions of) another solar siting bill from Sen. Jeremy McPike, D-Woodbridge, and a separate piece of legislation from Sen. Schuyler VanValkenburg, D-Richmond, that would have prescribed rigorous best practices for utility solar projects.

Over in the House, however, a companion to VanValkenburg’s bill from Del. Candi Munyon King, D-Dumfries, HB2438, passed the chamber 48-46. The bill came from the solar industry itself, proposing to adopt the highest standards for itself. So why wasn’t the vote unanimous? Go figure.

Bills advancing small-scale solar move forward

Legislation promoting distributed generation did not go through the CEUR pipe, but these bills show some wear and tear of their own.  A loose-knit group of advocates under the banner of the Equitable Solar Alliance came in with a package of three bills, all of which remain alive after favorable committee votes. 

HB1883, from Del. Katrina Callsen, D-Charlottesville, increases the tiny carve-out for distributed solar that is part of Dominion’s obligation to buy renewable energy certificates in compliance with Virginia’s renewable portfolio standard. The bill has been pared down since it was introduced but still makes several changes benefiting behind-the-meter solar and battery storage systems under 3 MW.  The distributed generation carve-out, currently 1% of the renewable standard target, will get bumped to 3% in 2026 and 5% in 2028, with further changes possible later if the the State Corporation Commission (SCC) decides on it. Third-party power purchase agreements, which had been restricted to commercial projects, will now be available to residential customers. And whereas currently only projects smaller than 1 MW can earn up to $75 per renewable energy certificate, the bill now makes that amount available for projects up to 3 MW. (Certificates for larger solar projects are effectively capped at $45 per certificate.) 

Callsen’s bill also raises to 600 MW, from 200 MW currently, the target for solar on previously developed sites. It also specifies that 65% of distributed projects qualifying for the Virginia Clean Economy Act’s 1,100 MW target for solar under 3 MW should be developed by non-utility providers.  

HB1883 passed the House unanimously. Its Senate companion, SB1040from Valkenburg, made it through committee without Republican support but passed the Senate 26-14. 

Two other bills, HB2346 from Del. Phil Hernandez, D-Norfolk, and SB1100 from Sen. Ghazala Hashmi, D-Richmond, establish a pilot program for virtual power plants (VPPs), which aggregate customer solar and storage resources and demand response capabilities. In concept, a VPP allows a utility to pay customers to let it make use of these capabilities, enabling it to meet peak demand without having to increase generation. (If you are familiar with programs in which your utility pays you to let it cycle your air conditioner off for a few minutes at a time on hot summer days, you have the idea.) VPPs are becoming popular in other states as a way to subsidize customers’ investments in things like battery storage, while reducing utility costs and saving money for all ratepayers. 

The original hope for this legislation was ambitious: a vision of energy democracy that would reshape the way utilities interact with residential and commercial customers and make the most efficient use of new technologies like electric vehicle charging and smart appliances. The financial benefits to customers could even be enough to offset the costs of investments like home batteries, potentially offering a way for rooftop solar to remain affordable even if the SCC guts Virginia’s net metering program. 

But, this being Virginia, the legislation making its way through committee calls only for pilot programs that utilities design and largely control, although they will be voluntary for participants. After 2028, however, the SCC may create permanent programs. SB1100 passed the Senate 22-18. HB2346 passed the House 71-27.

The third bill in the package, HB2356 from Del. Candi Munyon King, establishes an apprenticeship program to help develop a clean energy workforce, and requires participants to be paid prevailing wages. This bill is more politically divisive than the first two, and it passed the House only on a party-line vote. A companion bill passed the Senate on a party-line vote as well. With Republicans unified in opposition, we are likely to see amendments or a veto from the governor. 

A couple of other bills seek to address the costs of interconnecting small-scale solar facilities, including those on schools and government buildings. After Dominion Energy changed its rules in late 2022, customers found the cost of connecting solar facilities to the distribution grid was suddenly so high as to make it impossible to pursue projects in the affected size range.

HB2266 from Del. Kathy Tran, D-Springfield, requires the SCC to approve upgrades to the distribution system that are needed to accommodate grid-connected solar — a safeguard designed to prevent the utility from larding on costs. The utility must then spread the costs across all projects that benefit from the expanded capacity. This strikes me as a pretty elegant solution to the interconnection muddle. HB2266 passed the House 57-41. 

 SB1058 from Sen. Adam Ebbin, D-Alexandria, originally would have simply exempted public schools from interconnection costs. It was amended to look like Tran’s bill and then passed the Senate 21-18.

Finally, a bill from Del. David Bulova, D-Fairfax, would allow local governments to include in their land development ordinances a requirement that certain non-residential applicants install solar on a portion of a parking lot. HB2037 passed the House on a 64-32 vote and will now go to the Senate Committee on Local Government. 

This article was originally published in the Virginia Mercury on February 3, 2025. It has been updated to reflect the most recent General Assembly votes.

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Under pressure from the SCC, Dominion reveals the true cost of data centers

New filing shows electricity demand would be flat without the industry

Data center between housing community and a bike path
A data center in Ashburn, Virginia. Photo by Hugh Kenny, Piedmont Environmental Council.

Ever since data centers started spreading across the Virginia landscape like an invasive pest, one important question has remained unanswered: How much does the industry’s insatiable demand for energy impact other utility customers? Under pressure from the SCC, this month Dominion Energy Virginia finally provided the answer we feared: Ordinary Virginia customers are subsidizing Big Tech with both their money and their health.

Dominion previously hid data centers among the rest of its customer base, making it impossible to figure out if residents were paying more than their fair share of the costs of building new generation and transmission lines. Worse, if data centers are the reason for burning more fossil fuels, then they are also responsible for residents being subjected to pollution that is supposed to be eliminated under the 2020 Virginia Clean Economy Act (VCEA). The VCEA calls for most coal plants in the state to be closed by the end of this year – which is not happening – and sets rigorous conditions before utilities can build any new fossil fuel plants. 

Dominion’s 2023 Integrated Resource Plan (IRP), filed a year and a half ago, projected steep increases in energy demand and the cost of electricity. The utility asserted that for reliability purposes it needed to keep coal plants operating, build new methane gas generating units without meeting the VCEA’s conditions, and add small nuclear reactors beginning in 2034.

Dominion’s failure to file a plan that complied with the VCEA led to an unusual stalemate at the SCC, with the IRP neither approved nor rejected. Ignoring the foul-weather warning, Dominion filed a similarly-flawed 2024 IRP in October.  None of the modeled scenarios showed coal plants closing, none met the energy efficiency requirements set by law, and all proposed building new gas and nuclear reactors, with the first small nuclear plant now pushed off to 2035.

Neither of the two filings separated out the role of data centers in driving the changes. 

Even before the 2024 IRP was filed, though, the SCC directed the utility to file a supplement. It was obvious the IRP would project higher costs and increased use of fossil fuels. How much of that, the SCC demanded to know, is attributable to data centers? 

A lot, as it turns out. Though Dominion continues to obfuscate key facts, the document it filed on November 15 shows future data center growth will drive up utility spending by about 20%. Dominion did not take the analysis further to show the effect on residential rates.  

The filing also shows that but for new data centers, peak demand would actually decrease slightly over the next few years, from 17,353 MW this year to 17,280 MW in 2027, before beginning a gentle rise to 17,818 MW in 2034 and 18,608 MW in 2039. 

In other words, without data centers, electricity use in Dominion territory would scarcely budge over the next decade. Indeed, the slight decrease over the next three years is especially interesting because near-term numbers tend to be the most reliable, with projections getting more speculative the further out you look.  

Surprised? You’re not alone. We’ve heard for years that electric vehicles and building electrification will drive large increases in energy demand. When Dominion talks about the challenges of load growth, it cites these factors along with data centers, suggesting that ordinary people are part of the problem. We’re not. 

Decreasing demand is a testament to the profound effect of energy efficiency, as advances in things like lighting, heat pumps and other appliances allow consumers to do more with less. Presumably, the electrification of transportation and buildings will eventually outpace gains in efficiency – no doubt reflected in the projections for slightly increasing demand over the 2030s – but the effect is still modest. Electrification is not to blame for demand growth; data centers are.

In a future without new data centers, there should be no reason for Virginia’s energy transition to get off track. Solar, offshore wind and battery storage could increasingly displace fossil fuels, clean our air and bring down greenhouse gas emissions at an orderly pace. 

At least, that’s the intuitive result, though Dominion fights hard to counter it. The new filing is supposed to show what a VCEA-compliant plan would look like without data centers, but it retains assumptions from its IRPs that skew the results in favor of fossil fuels. These include limiting energy efficiency and artificially capping the amounts of solar and storage that its computer model could select. Obviously, if you won’t invest in low-cost energy efficiency and solar, you need more of something else. 

Dominion’s computer model also doesn’t choose offshore wind in spite of the fact that the 2,600-MW Virginia Coastal Offshore Wind project is under construction. No doubt the higher cost of offshore wind is responsible for this counter-factual omission, but again, leaving it out requires that something else be selected. Nuclear similarly doesn’t make the cut due to cost. 

By limiting or eliminating all zero-carbon options, Dominion would like you to conclude that, with or without data centers, it “needs” more gas plants.

There are other reasons to be skeptical of this manufactured result. As with the 2024 IRP itself, Dominion does not appear to have incorporated the social cost of carbon in its supposedly-VCEA-compliant plan, a mandatory consideration for any new fossil fuel generation. It’s also worth noting that Dominion will once again have to buy carbon emission allowances to run its coal and gas plants now that a court has nullified Gov. Glenn Youngkin’s illegal withdrawal of Virginia from the Regional Greenhouse Gas Initiative (RGGI). (Youngkin has vowed to appeal.) 

On the other hand, President-elect Donald Trump and Republicans in Congress seem likely to overturn new EPA regulations tightening pollution standards for fossil fuel plants. That would make fossil fuels appear cheaper by shifting costs onto residents in the form of worse health outcomes and climate-related weather disasters. 

In addition to showing what the energy mix might look like without data centers, the SCC directed Dominion to identify which of its approximately 200 planned transmission projects were needed solely because of data centers. The 4-page table in Dominion’s supplemental filing reveals that about half of the projects are solely data center-driven, with two or three dozen more serving a mix of customers that includes data centers. I tried to add up the numbers but lost track at a billion dollars’ worth of projects needed solely for data centers – and I was still on the second page. 

There is one more caveat to keep in mind. Since the SCC’s order applied only to future growth, Dominion’s new numbers don’t show the cost and energy impact of data centers in operation today. Data centers already make up a quarter of Dominion’s sales, and that growth was the main reason the utility pivoted back to fossil fuels in its 2023 IRP. 

Still, most of the data center growth lies ahead of us, as does Dominion’s plans for new fossil fuel and nuclear generation. With state leaders avidly chasing more data centers in the name of economic development, ordinary Virginians are left to watch the assault on their energy supply, their water, and their environment and wonder: Is anyone going to fix this?

This article was originally published in the Virginia Mercury on November 26, 2024.

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Geothermal energy is having a moment. Could it power Virginia’s data centers?

National Renewable Energy Laboratory

Drill down far enough into the earth, and you will hit hot rocks. Energy companies have used this heat to generate carbon-free electricity for more than a century. It’s an elegant concept, but it worked only where pockets of heat lay close to the surface, accompanied by steam ready-made to turn turbines. Those limitations confined geothermal power plants to geologically active areas like Iceland, parts of Indonesia, and a few locations in the American West. As of 2023, geothermal energy made up less than half of 1% of U.S. electricity generation. 

Suddenly, that is changing. New technology derived from oil and gas fracking methods is allowing energy companies to drill deep into the earth in places far from geologic activity. Wells can reach miles beneath the surface before branching out horizontally and creating fissures in hard, hot rock. Water injected into the wells comes back to the surface as steam to generate electricity. The steam is recaptured and re-injected to take up heat again, in a virtuous cycle powered by the earth itself. 

The benefits

These “enhanced geothermal” systems can produce 24/7 baseload electricity or fill in around variable sources like wind and solar. They can even be used like batteries to store energy, including for long durations.   

Unlike drilling for fossil fuels, geothermal companies avoid the shale formations that hold hydrocarbons, instead targeting non-porous rock. And since the product is not fossil fuel but steam, the technology produces zero-carbon energy without toxic or radioactive waste. 

Freed from geographic limitations and using the same technology and workforce as the oil and gas industry, geothermal energy is ready to take off fast. The U.S. Department of Energy (DOE) sees it spreading across the country to provide as much as 125 gigawatts (GW) of electricity by 2050. A global estimate suggests the industry could eventually produce 4,600 GW of electricity at a cost of 50 euros (around $55) per megawatt-hour or less.

In 2022 DOE launched an “Earthshot Initiative” to reduce the cost of enhanced geothermal energy in the U.S. to $45 per megawatt-hour (MWh) by 2035. If successful, that would put it at or below the cost of any other new, dispatchable energy source. 

Is this technology the answer to the surging demand for electricity from data centers and artificial intelligence? And could it allow Virginia to keep adding data centers without blowing up its climate goals?

The challenges

We do have to keep in mind that not all silver bullets prove to be sterling. Small modular nuclear reactors (SMRs) are evidence that some highly-anticipated technologies don’t follow the rosy timelines and price projections their boosters promise. 

Unlike SMRs, though, enhanced geothermal systems have already achieved commercial deployment. After successfully demonstrating the technology with a 3.5 MW pilot facility,  Fervo Energy signed a contract last year with Google to provide electricity for its data centers from a 115-MW enhanced geothermal power plant in Nevada. Fervo will deliver the power to the local utility, NV Energy, which will then charge a slightly higher price to Google via a proposed new “clean transition tariff.” Fervo has also signed a deal for an even bigger project that will deliver 400 MW to California utilities. 

Using a different fracking-based technology it calls a “Geopressured Geothermal System,” Houston-based Sage Geosystems recently agreed to supply 150 MW of power for Meta’s data centers beginning in 2027. Sage says it can make electricity not just by extracting heat but also by using pressure, an add-on technology that allows it to offer energy storage independent of steam production. 

Both Fervo and Sage say their methods can be used almost anywhere, and both cite advantages over established energy sources. Like wind and solar, geothermal is renewable and carbon-free, but it isn’t dependent on weather. It also doesn’t require fuel sources like coal and gas that are highly polluting and sometimes unreliable in extreme weather

Finally, with a small physical footprint relative to the energy produced, geothermal facilities could be located in urban areas or next to data centers and other large customers without the need for major new transmission lines. 

But of course, the fact that geothermal technology can be used anywhere does not mean it can be deployed profitably everywhere, or at least not yet. A map compiled by the National Renewable Energy Laboratory shows the most ideal areas are still in the West, where hot rocks lie within a few kilometers of the Earth’s surface. In most of the eastern U.S., deeper wells would be needed to reach the same temperatures. For this reason, DOE sees the technology proving out in the West first before spreading east.

But favorability is not purely a function of geology, according to Ben Serrurier, manager of government affairs and policy at Fervo. I wanted to know how soon geothermal systems could start providing electricity to the world’s largest concentration of data centers, in Northern Virginia. He said the biggest impediment for the industry is not location, but the high cost of capital and the paucity of government support compared to SMRs, hydrogen, and other new technologies. 

In spite of these challenges, Serrurier predicted geothermal would be deployed in Virginia by the latter part of the 2030s, noting that his company is already ahead of DOE’s projected timeline for the technology’s maturation. Eastern data centers present an especially attractive market, he said, because demand is increasing so quickly, and utilities have limited options for carbon-free energy. 

Alas, observers of the data center industry know that while renewable energy is nice to have, cheap energy is even nicer. So I wanted to talk about cost.

Serrurier told me Fervo’s first project will deliver power to NV Energy at a price of $107 per MWh, and Google will pay slightly more than that to the utility. That is twice DOE’s target cost for 2035, yet it still puts the price below the U.S average of 13.1 cents per kilowatt-hour ($131 per MWh) for commercial customers, and competitive with the average Nevada commercial rate of 10.92 cents, according to Energy Information Agency data.

That price is, however, more than the 9.54 cents/kWh that the average commercial customer in Virginia pays for electricity derived primarily from fossil fuels. And Fervo’s price is for drilling in the West, not in the less favorable geology of the East.

But heck, anywhere in the country, 10.7 cents for zero-carbon baseload power — with no waste to be cleaned up and no added healthcare costs from pollution — still sounds compelling. Google may have chosen to be a first mover in order to show leadership and promote a new technology, but it is also locking in a solid deal.

Sage does not make its costs public, but Lance Cook, the company’s chief technical officer, told me their process is competitive with combined cycle gas plants when the cost of fossil gas is above $6 per thousand cubic feet. (According to the Energy Information Agency, the price of gas is currently below that level in most states, though gas prices are famously volatile.)  

An additional benefit, said Cook, is that a geothermal plant could be co-located with a data center, foregoing a grid connection and obviating the need for transmission lines. “We can turn electricity into data,” he told me. “It is much easier to connect data than to wait for a grid connection.” 

Both Cook and Serrurier are confident that geothermal will beat new nuclear  price-wise, which today sounds like a safe bet. Analysts warn that cost continues to be a significant issue for the nuclear industry. Current projections for the cost of electricity from SMRs start at $142/MWh. 

Cook noted that Sage’s technology can also provide long-duration energy storage that isn’t dependent on the heat of the earth. This approach can be used anywhere to turn solar and wind power into baseload energy. Sage’s website claims it can achieve this for less than the cost of batteries or pumped hydro.  

With all this promise, enhanced geothermal has been slow to catch the attention of Virginia utilities and policy-makers. The Virginia Code includes geothermal energy in its definition of renewable energy, but enhanced geothermal is not on the list of energy sources that qualify for the state’s renewable portfolio standard (RPS). 

The General Assembly did pass legislation this year from Senate Majority Leader Scott Surovell, D-Fairfax, to include a similarly-named, but quite different, kind of geothermal energy – geothermal heating and cooling systems, also known as ground-source heat pumps – in the RPS. Geothermal heat pumps use the near-constant temperature of the ground just a few feet under our feet to help heat and cool buildings, much as air-source heat pumps do but with greater efficiency. A working group under the auspices of the State Corporation Commission is currently trying to figure out how to award renewable energy certificates (RECs) for a technology that does not produce electricity. 

But drilling down two miles or more and generating electricity at the utility level is quite another thing. Making enhanced geothermal systems eligible for the RPS would be essential to putting the technology on an even footing with other renewables for use in Virginia.

In an email, Surovell told me, “I have read about the Google geothermal project and believe there is significant potential in Virginia.I understand it is different, but we need to do all we can to try to meet the demand for energy created by data centers without upsetting the carbon-free goals we set with the Virginia Clean Energy Act.” He added, “Geothermal also has the potential to create thousands of well-paying trade jobs in drilling and pipefitting in the Commonwealth.”   

I also contacted Dominion Energy Virginia to gauge the utility’s level of interest. Dominion is facing an enormous challenge to meet the explosion of demand from data centers. Its 2023 integrated resource plan (IRP) proposed building new gas plants as early as 2028 and an SMR in 2034, but no geothermal energy. The plan failed to meet the carbon-cutting requirements of Virginia law, so the company ought to see the need to up its game for its 2024 IRP, due in October. 

Dominion’s answer was not encouraging. Aaron Ruby, Dominion’s director of Virginia and offshore wind media, responded with an email that made reference to the working group for geothermal heat pump RECs.

 “We’re certainly looking at the potential for geothermal in Virginia. The SCC is leading a geothermal working group, and there are lots of knowledgeable experts taking a close look. Most of the potential in Virginia appears to be geothermal heat pumps, with maybe less potential for power generation. The process is ongoing, so still more to learn.”

Echoing Gov. Glenn Youngkin’s rhetoric on energy, he added, “As you know, we’re experiencing an unprecedented growth in power demand. Reliably serving that growth requires an ‘all of the above’ approach, including offshore wind, solar, battery storage, next generation nuclear and natural gas. Emerging technologies like clean hydrogen, longer-duration storage and geothermal could also play a role.”

It’s not a great sign that Dominion ranks geothermal dead last. The company seems quite content to keep adding data centers to its customer base with no plan to meet its climate commitments. 

Data center developers, on the other hand, could vote with their metaphorical feet. If Dominion will not bring geothermal technology to Virginia data centers, maybe the data centers will go to the geothermal technology. Some data center operators say they need to be in Virginia to be close to customers in the East, but the industry’s rapid spread into other states shows many have flexibility. So why should they face public opposition and rising electricity rates in Virginia when they can go to Utah, Nevada or Texas to access low-cost, zero-carbon energy delivered 24/7 from a source that might even be located onsite? 

Especially since, in so doing, they would provide the capital and demand required for enhanced geothermal to achieve DOE’s goals ahead of time, and hasten the day when Dominion presents an IRP with a real zero-carbon plan.  

This article was previously published in the Virginia Mercury on September 10, 2024.

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AI could usher in a golden age of technological breakthroughs – if it doesn’t kill us first

Data center between housing community and a bike path
A data center in Ashburn, Virginia. Photo by Hugh Kenny, Piedmont Environmental Council.

Somehow, we were not prepared for this. Artificial intelligence was in development for decades, during which time we fantasized about all the wonderful things it was going to do for us. And then the bots launched almost fully formed like Athena springing from the forehead of Zeus with her sword in hand, and only then did we have our epiphany: Oh man, this is not going to go well.

What happened to the AI utopia? We were expecting self-driving cars that would let us drink too much on nights out while eliminating highway fatalities. We anticipated the seamless integration of all our devices and appliances, maybe even without cords! We imagined an unlocking of efficiencies at home and at work; medical breakthroughs; scientific innovation on steroids. We’d have three-day workweeks and go hiking on the weekends while the robots cooked and cleaned. 

Maybe these things are still there in our future, along with world peace, but so far what we’ve got is a new way for kids to cheat on homework, a lot of derivative art, pernicious deepfakes and raging arguments over intellectual property theft. Oh, and an unprecedented increase in the demand for electricity that threatens to overwhelm the grid and make it impossible for us to stop burning fossil fuels before global warming destabilizes societies worldwide. 

The wonder is why we thought this would go well. Shouldn’t we have known ourselves better?

In my view, the biggest problem with AI is that either humans are in charge, or the robots are. If it’s the robots, there is a good chance they will decide to kill us all, and we won’t see it coming. So we need to root for the humans, who could use the powerful new tools of AI to address hunger and climate change but so far mostly use it for financial fraudchild pornography and adding to the absurd percentage of the internet devoted to cat memes

And instead of helping to lower CO2 emissions, right now the effect of AI is to increase the burning of fossil fuels. U.S. electricity consumption had flatlined after the mid-2000s, but AI is pushing it up again, and sharply. Data centers, where AI “lives,” could consume as much as 9% of U.S. electricity generation by 2030, double that of today. 

We have a close-up view of this in Virginia, the data center capital of the world. In 2022, when I first tried to quantify Virginia’s data center problem, industry sources put the state’s data center demand at 1,688 megawatts (MW) — equivalent to about 1.6 million homes. With the advent of AI and its enormous appetite for power, the industry added 4,000 MW of new data centers in 2023. By the end of last year, data centers commanded fully 24%of the total electricity generated by Dominion Energy Virginia, the state’s largest utility. Over the next 15 years, Virginia’s data center demand is expected to quadruple.  

Citing the need to supply data centers with power, Dominion did an about-face on its plan to achieve net zero carbon emissions by 2050. It now proposes to keep coal plants running past their previous retirement dates, and to build new gas-powered generation. 

The problem is not confined to Virginia. Across the country, utilities are struggling to meet AI’s increased energy demand, and looking to fossil fuels to fill the gap. 

And while tech companies talk a good game about meeting their power demand sustainably, the evidence says otherwise. Tech companies conspicuously did not push back on Dominion Energy’s plan, and their own efforts fall woefully short. Even Google, which has taken its carbon-cutting obligations more seriously than most companies, just reported a 13% rise in its greenhouse gas emissions in 2023, thanks to its investments in AI and data centers.   

Apparently, Google and its competitors in the race to dominate AI think meeting climate goals is like getting a loan from a bank; you emit more today, grow your business and use the profits to clear the debt by emitting a lot less tomorrow. 

But Mother Earth is not a bank. She is a loan shark, and she has started breaking fingers.

If we can’t rely on the inventors of AI to restrain their energy appetites, we have to turn to our politicians (sigh). Our leaders have to make and enforce limits on the growth of AI commensurate with the world’s ability to provide the resources without baking the planet. Admittedly, mustering that kind of willpower is hard to do in a country that has elevated corporations to personhood and defines the First Amendment to include both spreading lies and spending money to influence elections. 

And that gets us to the second-biggest concern I have about AI, but the one that might upend society soonest: the unleashing of deepfakes in this fall’s elections, and the threat that the reins of government will go not to those most dedicated to tackling hard problems, but to those who prove themselves the biggest scoundrels.

The American Bar Association (ABA) defines deepfakes as “hoax images, sounds and videos that convincingly depict people saying or doing things that they did not actually say or do.” Noting that they have already been used in election campaigns in the U.S. and abroad, the ABA is promoting model state legislation to criminalize the creation of malicious deepfakes. Meanwhile, tech companies including Google and Meta have adopted advertising policies to require disclosures of altered content. 

Both approaches are good as far as they go; websites should police content, and states should act swiftly to outlaw the deepfakes (though the ABA lists very few that have done so yet). But in a high-stakes situation like an election, punishing violators after the fact – if you can catch them at all – is very much a case of closing the barn door after the horses are out. Once voters have been exposed to “evidence” of a candidate’s unfitness for office, especially when media coverage has primed them to believe the lies, the damage is done. 

Many voters, especially younger ones, are savvy enough to be wary of campaign-related materials generally, and of unattributed images that float around the internet in particular. But older people who came of age in the pre-internet-memes era are vulnerable to believing what they see and hear, and a lot of us won’t put ourselves to the trouble of questioning what feels true. A deepfake only has to fool some of the people some of the time to alter the results of an election. 

But maybe I’m being needlessly alarmist about the dangers of AI, even if I have a lot of company. So I did the obvious thing: I asked a bot if AI would save humanity or kill us all. 

ChatGPT responded with a list of pros and cons of AI, including the familiar benefits and concerns that have spawned a thousand op-eds. You can try this at home, so I won’t reiterate them here. But I will note the curious fact that the bot didn’t mention either carbon emissions or election-altering deepfakes.

Maybe that’s an oversight, or maybe it means my fears are unwarranted. But maybe it shows something even scarier than AI itself: It’s AI pretending it isn’t trying to take over.  

We urgently need action from U.S. and corporate leaders. Stiff new taxes on data center energy use would lead to greater efficiencies and nudge companies to price data storage and AI use appropriately. New laws should put the onus on internet platforms to stop deepfakes before they can spread. Tech companies should prioritize what is good for human beings over what is good for corporate profit. If they can’t ensure AI is used only for good, they should pull the plug until they can.

If all this doesn’t happen, and soon – well, let’s just hope the robots are kind.

This article first appeared in the Virginia Mercury on July 11, 2024.

If you’d like to hear a deeper discussion about the climate challenge posed by data centers and AI, I’ll be addressing this topic tonight at a meeting of the IEEE Society on Social Implications of Technology (SSIT) Chapter of Northern Virginia/Washington/Baltimore in Oakton, Virginia, which you can also attend remotely. The presentation will be recorded.. https://events.vtools.ieee.org/m/424609

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Will Virginia’s residential solar market survive the coming year?

Installation of solar panels on the roof of a house.
Virginia utilities finally have an opportunity to attack net metering. Photo by Don Crawford.

When the Virginia Clean Economy Act became law in 2020, solar advocates celebrated. In addition to creating a framework for a transition to a zero carbon electricity sector by 2050, the VCEA and sister legislation known as Solar Freedom swept away multiple barriers to installing solar in Virginia. Among the new provisions were some that strengthened net metering, the program that allows residents, businesses and local governments who install solar onsite to be credited for excess electricity they feed back to the grid. 

Currently, the law requires that customers of Dominion Energy and Appalachian Power be credited for the electricity they supply to the grid at the full retail rate for electricity. The credit is applied against the cost of the electricity they draw from the grid at night. The policy makes solar affordable and supports small businesses across Virginia. 

However, the VCEA came with a ticking time bomb. It provided that in 2024 for Appalachian Power, and 2025 for Dominion, the State Corporation Commission would hold proceedings to determine the fate of net metering, and in particular the terms for compensating new net metering customers. 

Well, it’s 2024, and the bomb just went off. On May 6, the SCC issued an order directing the two utilities to file their suggested changes. Appalachian’s proposal is due by September 2; Dominion’s is due by May 1, 2025. The SCC will establish a schedule for each case that will include provisions for the public and interested parties to participate.

There are two important protections to note. First, low-income customers will have their choice of installing solar under either the existing rules or the new ones. Second, customers who install solar panels and interconnect to the grid before the SCC issues its final order will continue to be covered by the existing provisions for retail net metering. 

For anyone who’s been on the fence about installing solar, I can’t overstate the urgency of acting now. Nonprofits Solar United Neighbors and Solarize Virginia can help you get the best deal. Also check out the excellent advice and sample quotes from HR Climate Hub.

Make no mistake, utilities hate net metering and will destroy it if they can. The more customers who install solar, the less control the utility can exercise over them — and, even more critically, the less money the company makes for its shareholders from building new generation and transmission. 

That’s not what our utilities tell legislators and the SCC, though. Instead, they promote a narrative that net metering customers impose extra costs on other ratepayers, creating a “cost shift.” The idea is that residents who go solar are making everyone else pay more of the costs of the grid while they themselves rake in money with their free electricity from the sun.  

This argument has raged across the country for years. Utilities often argue that solar customers should be paid for their surplus electricity only the amount of money the utility would otherwise have had to spend to generate or buy that same amount of electricity from somewhere else. This “avoided cost” can be less than one-third of the retail rate for residential electricity. (The net metering changes would also affect commercial and non-profit properties, which pay a lower rate than residential – but still well above avoided cost.)

With a payback period of nine to 15 years in Virginia, residential solar is a reasonable investment with retail rate net metering, but it’s hardly a get-rich-quick scheme. Brandon Praileau, the Virginia program director for Solar United Neighbors, said in an email that lowering the net metering rate would eliminate the energy savings that homeowners see from solar today. 

“It is the full retail 1:1 value of solar that allows solar to not be a boutique purchase that only fits a certain demographic but something that every homeowner can benefit from,” he noted. 

Praileau added that the loss of net metering would also hit Virginia’s solar installers hard and lead to job losses, something I confirmed with industry members. Russ Edwards, president of Charlottesville-based Tiger Solar, says any devaluation of solar would have a “significantly adverse” impact on local companies like his that serve the residential market.

But the “cost shift” argument doesn’t actually depend on whether rooftop solar is affordable for customers or profitable for installers. The way utilities think about net metering, a homeowner could even lose money on solar and still be guilty of shifting the costs of maintaining the grid onto other customers.

Net metering supporters counter that rooftop solar provides valuable benefits to the grid and to other customers that the utilities overlook, like relieving grid congestion and lessening the need for utility investments in new generation and transmission. Solar also has larger societal benefits like increased energy security, local resilience, clean air and carbon reduction.

Over the years this dispute has spawned literally dozens of studies estimating the value of solar. A Michigan study found that rather than being subsidized by other ratepayers, residents who install solar actually subsidize their non-solar-owning neighbors. Closer to home, a Maryland study also concluded that distributed solar provided a value greater than the retail cost of energy. 

But every state is different. California’s public utility commission recently slashed the net metering rate all the way down to a so-called avoided cost, in part because the huge growth of solar in the state has led to a power glut in the middle of the day. The residential solar market cratered as a result of the PUC’s action, with an estimated 17,000 jobs lost in the solar industry.  

Virginia does not have California’s problem. With only about 6.5% of our electricity generated by solar and the world’s largest energy storage facility in the form of Bath County’s pumped hydro plant, rooftop solar still helps Virginia utilities meet peak demand. We also face a skyrocketing demand for electricity from data centers, which militates in favor of all the clean energy we can generate. 

Ten years ago, Virginia set out to do a study on the value of solar, led by the Department of Environmental Quality. Unfortunately, our utilities pulled out when they didn’t like what they were seeing, so the study never progressed beyond a framing of the issues. 

Since then, Dominion and APCo have often repeated the “cost shift” narrative but have never backed it up with evidence. Their efforts have had some effect with legislators, most recently with passage of a bill instructing the SCC to “make all reasonable efforts to ensure that the net energy metering program does not result in unreasonable cost-shifting to nonparticipating electric utility customers.”

But of course, that simply begs the question of whether a cost shift is actually occurring. Under the VCEA, the SCC will now have to “evaluate and establish” the amount a net metering customer should pay for “the cost of using the utility’s infrastructure,” and the amount the utility should compensate the customer for the “total benefits” the customer’s solar panels provide. The SCC is also instructed to evaluate and establish the “direct and indirect economic impact of net metering” and consider “any other information the Commission deems relevant.” 

Presumably, this other information should include the state’s energy policy. The policy specifically supports distributed solar, including “enhancing the ability of private property owners to generate their own renewable energy for their own personal use from renewable energy sources on their property.” 

The SCC will now have to navigate these opposing positions in what are certain to be contentious proceedings. Meanwhile, residents and businesses would be well advised to get their solar panels up this year.

This article was originally published in the Virginia Mercury on May 21, 2024.

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Data centers be damned, Virginia can still meet its climate goals

Virginia's capitol building in Richmond.

Following the General Assembly’s failure either to rein in the explosive growth of power-hungry data centers or to remove obstacles to increasing the supply of renewable energy in Virginia, a lot of people are wondering where we go from here.  

Dominion Energy Virginia’s answer, as described in its 2023 Integrated Resource Plan (IRP), is “build more fossil fuels.” The utility is pushing forward plans to build new methane gas generating units in Chesterfield. Dominion argues that although its IRP calls for dramatically increased carbon emissions, it sort of complies with the Virginia Clean Economy Act anyway because the VCEA has an escape clause when reliability is at risk. 

Dominion does not acknowledge that its own actions contribute to the problem. To be fair, though, it’s a huge problem, and even if our utilities were on board with the VCEA’s carbon-cutting agenda, we would need stronger legislative policy than we have now. Rejoining the Regional Greenhouse Gas Initiative is an important priority that Democrats are rightly pursuing, but the need for action goes much further. 

Sen. Dave Marsden, D-Fairfax, convened meetings the week before last to hear from utilities, industry members, environmental groups and others to get suggestions on ways to reform the VCEA. The interest groups met separately, and members of one group were not allowed to attend other group sessions to hear what those stakeholders had to say. The meetings were closed-door and confidential, with the express purpose of preventing a nosy public from learning anything through Freedom of Information Act requests. 

That secrecy makes me queasy, so I declined the invitation to attend the environmentalists’ session. I’d have cheerfully jettisoned my scruples, though, if I could have been in the utility session to hear what Dominion’s lobbyists were whispering in the senator’s ear. Alas, that was not on offer. 

But Marsden is asking the right questions, and of course, I always have answers, even when no one is asking. In my view, Virginia can stay on track to carbon neutrality by adopting four basic principles: data centers must pay their own way, both literally and carbon-wise; solar must be easy to build and interconnect; utilities must not build new fossil generation for “reliability” before exhausting non-carbon solutions; and efficient buildings must be added to the strategy.

Let’s start with the elephant outgrowing the room.

Data centers are sucking up all the energy

Without action, data centers will soon overtake residential customers to become Dominion’s largest category of customer. Already, they are driving the utility’s decision-making, as we saw from Dominion’s IRP. This year, the General Assembly deferred action to address the energy crisis until it sees the results of a study being undertaken by the Joint Legislative Audit and Review Commission (JLARC). 

It now appears that study won’t be published before the 2025 session convenes, and in fact there does not appear to be a deadline of any kind. Yet we already know enough about data center energy demand and its consequences for everyone else that legislators will be derelict in their duty if they put off all action until 2026.

The General Assembly must choose from three options if it still cares about the energy transition: stop the growth of the data center industry in Virginia, put the onus on data centers to source their own clean energy from the grid, or dramatically increase renewable energy generation and power line construction.  

Lawmakers show no desire to stop all data center growth, but as I’ve urged before, they can and should establish a joint state-local task force to choose appropriate sites for growth based on energy and transmission availability, water resource adequacy and good-neighbor factors, like distance from residential communities and parkland. 

Legislators should also require data centers to meet industry-best standards for energy efficiency, use alternatives to diesel generators for backup power and source carbon-free energy from facilities located on the grid that serves Virginia. They could buy this power either on their own or through a specially-designed utility tariff, as long as it meets all of their needs on a 24/7, hourly basis. In no case should other customers see higher electricity bills for infrastructure that’s only needed because of data centers.

These measures will take time to put in place, yet data center development is proceeding apace while the General Assembly takes its nap. There is no avoiding Virginia’s need for a lot more carbon-free generation, pretty much right away. A couple of small modular nuclear reactors ten years from now aren’t a solution.

Don’t expect climate leadership from Dominion

Dominion’s fossil-heavy IRP marked a sharp break away from the climate report that the company released just months before, which projected solar dominating the grid by 2040. Whether the IRP should be dismissed as political pandering to a conservative governor, or taken in earnest to mean the utility has thrown in the towel on renewable energy, is something of a Rorschach test for Virginia leaders. 

When Dominion releases its 2024 IRP this fall, we may get more clarity about what the company really thinks. More likely, we will still be left guessing. Dominion has a long history of playing to both sides to get what it wants, and what it wants is profit.   

There’s nothing wrong with a company making a profit, of course, as long as the company isn’t also allowed to make the rules it plays by. Asking Dominion’s lobbyists to help make energy policy is like recruiting burglars for a task force on crime prevention. 

Make it easier to build solar

While Virginia counties vie with each other to attract data centers, some are notably less keen on solar farms. Sprawling developments of windowless warehouses that suck power? Yes, they say. Grassy fields lined with rows of solar panels that produce power? No. Such is the horror with which some people view solar that localities have adopted moratoriums, acreage caps and other limits designed to keep projects at bay. The result is that an already-slow process for siting solar projects is getting even slower, more unpredictable and more expensive. 

Lawmakers rejected legislation this year that would have allowed the State Corporation Commission to overrule local permit denials. Yet it seems doubtful whether, in a Dillon Rule state like ours, local governments actually have the authority to enact blanket prohibitions and caps on specific kinds of land use. Legislators may want to ask the attorney general to clarify this point rather than waiting for landowners to challenge in court a locality’s refusal to let them put solar panels on their property. 

If the AG (or a court) rules these barriers illegal, localities would have to go back to evaluating the merits of project applications on a case-by-case basis — hardly a bad result. But it would be wiser and more orderly to pass legislation spelling out under what circumstances a local government may reject a solar project, and what the landowner’s recourse should be. 

New gas plants are the wrong solution for reliability

Though Dominion’s 2023 IRP didn’t win approval from the SCC, Dominion is going ahead with plans to build new methane gas combustion turbines in Chesterfield. Given that these “peaker” plants generate dirty power at a high price, Dominion should not be permitted to build gas combustion turbines if other alternatives are available. 

Which they are. Demand-response programs, advanced grid technologies and batteries charged by renewable energy are superior to gas peakers for reasons of cost, air quality and climate impact. 

Dominion is building some large batteries and testing long-duration battery storage technologies (and of course, Virginia already has the largest pumped storage facility in the world), but our utilities have not even begun to tap the potential of batteries in homes and businesses. Subsidizing the purchase of batteries by homeowners and businesses in exchange for the ability to draw on the batteries for peaking power, as some utilities do, would also build resilience into the grid and address power outages more cheaply than burying lines.

Imagine: If data centers had installed batteries instead of the 11 gigawatts of diesel generators at Loudoun and Fairfax County data centers, Virginia would already have more battery storage capacity than any country in the world.

Let everyone build solar 

The VCEA calls for 35% of its solar target to be satisfied by third-party developers. The purpose of this set-aside is two-fold: to attract more private capital, and to use competition to keep a lid on prices. Unfortunately, the SCC accepted Dominion’s argument that 35% should be read as a ceiling as well as a floor, to the detriment of ratepayers and solar developers. With Dominion now reneging on its solar commitments, it’s more important than ever that private developers be allowed to step in. One bill in the 2024 session would have corrected this problem by explicitly making 35% the minimum. The General Assembly should adopt that measure. 

Fix interconnection

Possibly the most inexplicable failure of the General Assembly this year was failing to pass legislation to resolve the dispute between Dominion and commercial customers over interconnection requirements. The onerous requirements that Dominion adopted in December of 2022  — imposed even in the face of a contrary SCC ruling — have wreaked havoc on plans by local governments to put solar on public buildings and schools. That is fine with Dominion; though the goal of the new requirements was to acquire upgraded distribution infrastructure at no cost to itself, its monopolistic lizard brain is equally satisfied with the result of shutting down competition from small solar companies. 

Legislators should not accept this result, though. The General Assembly adopted net metering years ago because encouraging residents and businesses to go solar is good for the economy and makes communities more resilient. Support for distributed renewable energy is even written into the Virginia Code as official policy

And distributed solar is hugely popular. Indeed, the very people who oppose utility-scale solar projects almost inevitably argue that society should maximize rooftop solar instead. In this they are at least half right: If we are really going to meet the energy challenge ahead of us, the very least we can do is milk every kilowatt-hour from sunshine falling on rooftops.

Customers have always paid to interconnect their solar to the utility’s grid. The dispute between Dominion and its customers is about whether Dominion can insist they pay the entire cost of expensive new fiber-optic wire and other cool technology that could make the distribution grid better for everyone, but which any one customer can’t afford. These upgrades could enable not just more solar but also electric vehicle charging in our communities, vehicle-to-grid technology and programs allowing utilities to make use of customers’ battery storage. But if the technology really is that valuable (a determination that should be made by the SCC, not Dominion), then getting it shouldn’t depend on how deep a customer’s pocket is — especially when that customer is a local government and, therefore, effectively, the Virginia taxpayer.

This year’s interconnection bill would have allowed a utility to recover the costs of these grid upgrades from ratepayers, with SCC oversight. Even Dominion would have been better off with the bill, something it would have recognized if its lizard brain weren’t in charge at the time. The General Assembly should pass the bill.

An untapped three gigawatts of energy are waiting off our coast

Dominion’s 2,600 megawatt Virginia offshore wind project is due to begin construction this year, but it is not the only game in town. The Kitty Hawk offshore wind area situated off North Carolina can deliver up to 3,500 megawatts of energy through a cable that will come ashore at Virginia Beach. All that is holding up the project is the lack of a customer.  Offshore wind is more expensive than solar, but we have a lot of power-hungry data centers who could pay a clean energy tariff that would include Kitty Hawk wind. 

Maximize efficiency in buildings 

Possibly the best piece of energy legislation to pass this year was the bill that directs local governments and schools to build to higher efficiency standards and incorporate renewable energy, as appropriate. The language could have been even stronger, but as it is, it will deliver significant cost savings for taxpayers.

In fact, local governments will now build to better standards than most homeowners get for themselves when they buy a house.  That’s because Virginia’s residential building code is pathetically behind the times when it comes to energy efficiency. Home buyers and renters would save more than enough money on utility bills to cover the upfront cost of better housing construction, but builders won’t voluntarily meet higher standards because it reduces profits. That should not be acceptable. 

Legislation passed in 2021 directed the Board of Housing and Community Development to consider amendments that would strengthen the building code. BHCD, which is dominated by builder and real estate interests, simply ignored the law. The matter is now in litigation (and the governor is trying to weaken the code even further), but the General Assembly could resolve the matter by directing BHCD to adopt efficiency measures at least as strong as the national standards set by the International Building Code Council (itself under fire for allowing builder interests to weaken efficiency standards), and to allow local governments to adopt stronger “stretch codes” to help residents save even more money and energy.

Going further, new and renovated buildings should be required to use electricity in place of methane gas, oil or propane for heating, cooling and appliances wherever practicable. Though building electrification increases electricity consumption, electricity is a more efficient technology than burning fossil fuels in the home, so it contributes to lower energy costs for residents and a smaller carbon footprint for the state overall. 

It’s a shame the General Assembly settled for simply not going backwards this year, but it is a good sign that Marsden and others are not waiting for next year to consider ways to get us back on the carbon-cutting wagon. With the climate clock ticking, we have no more time to lose.

A version of this article appeared in the Virginia Mercury on April 29, 2024.

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Virginia climate advocates find progress requires more than a Democratic majority

Virginia's capitol building in Richmond.

Climate advocates felt hopeful last fall when Democrats won control of both the Senate and House with promises to protect the commonwealth’s climate laws, including the Virginia Clean Economy Act (VCEA) and the Clean Car Standard. It seemed possible the General Assembly might pass much-needed initiatives modest enough to avoid a veto from a Republican governor.   

Apparently not. Democrats did fend off attacks on the VCEA and Clean Cars, and killed a lot of terrible bills. Through the budget process, they’re trying to require Virginia’s renewed participation in the carbon-cutting Regional Greenhouse Gas Initiative. But Gov. Youngkin won’t even get his shot at most of the priority bills from the environmental community. Of the bills that did pass, most were so watered down as to make their usefulness questionable. A few bills died even when they went unopposed. Some successful bills seem likely to add to Virginia’s energy problems rather than help solve them.

A lot of the blame can be laid at the feet of Dominion Energy, which took a bipartisan drubbing in the 2023 session, but was back this year stronger than ever like a plague that surges when we let our guard down.

But that’s only half the story. As a party, Democrats seemed to have simply lost interest in the fight. Climate change may be an urgent issue in the rest of the world, but in Virginia, a lot of lawmakers seem to think they already checked that box. 

Two steps forward

In the spirit of optimism, let’s start with the positive highlights of the session, though admittedly they were more like flashlight beams than floodlights.

Most consequential for the energy transition is legislation establishing a statewide green bank, a requirement for accepting hundreds of millions of dollars in federal funding for clean energy projects. The House and Senate versions are different and will go to a conference committee. A show of opposition from Republicans in both chambers could attract a veto, but most governors welcome free money.

Similarly, new legislation directs the Department of Energy to identify federal funding available to further the commonwealth’s energy efficiency goals. 

Another encouraging piece of legislation updates and expands on existing energy efficiency requirements for new and renovated public buildings, a category that would now include schools. Provisions for EV charging capabilities, resilience measures, and onsite renewable energy and storage are included. The measure attracted only a couple of Republican votes, so it may be at risk of a veto.

Another change will bring sales of residential rooftop solar within the consumer protections that apply to other contractors. Virginia’s Board for Contractors will be required to issue regulations requiring relevant disclosures.

The net metering law that supports customer-sited solar will now include provisions for the leasing of solar panels and the use of batteries under a measure that is not expected to draw a veto. A solar facility paired with a battery of equal capacity will be exempt from standby charges, and the customer may use the batteries in demand-response and peak-shaving programs. Though none of the bill’s provisions were controversial, Dominion exacted a price in the form of a line directing the SCC to “make all reasonable efforts to ensure that the net energy metering program does not result in unreasonable cost-shifting to nonparticipating electric utility customers.” Our utilities hope this will undermine the current full retail value for net metered solar when the SCC considers the future of net metering in proceedings later this year and next year. 

bill to require the Board of Education to develop materials for teaching students about climate change passed mainly along party lines. 

Another bill allows, but does not require, local governments to create their own “local environmental impact funds,” to assist residents and businesses with the purchase of energy efficient lawn care and landscaping equipment, home appliances, HVAC equipment, or micro mobility devices (like electric scooters). Almost all Republicans voted against it, so modest as it is, it may draw a veto.

Both chambers have agreed to request the SCC form a work group to consider a program of on-bill financing for customer energy projects such as renewable energy, storage and energy efficiency improvements. The SCC will also be asked to study performance-based regulation and the impact of competitive service providers. Dominion will now also have to assess the usefulness of various grid enhancing technologies in its Integrated Resource Planning at the SCC.

Efficiency advocates had high hopes for a bipartisan measure they dubbed the SAVE Act to strengthen requirements for Dominion and APCo to achieve energy efficiency savings and to make it easier for efficiency programs to pass SCC scrutiny. Unfortunately, the final legislation does almost nothing, with most improvements pushed off to 2029.  

bill passed that designates each October 4 as Energy Efficiency Day. (I said these were small victories.)

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Finally, in a rejection of one of the more inane initiatives of the governor’s regulation-gutting agenda, both Houses overwhelmingly passed legislation preventing changes to the building code before the next regular code review cycle. I imagine the governor will have to veto the bill, and Republican legislators will then be caught between party loyalty and a duty to govern intelligently, but any way you look at it, eggs are meeting faces.

Two steps back 

Failure to pass a bill might seem to leave matters where they are, with no winners or losers. Inaction in the face of climate change, however, means we lose time we can’t afford to waste.

Inaction can also have devastating consequences in the here and now. Solar projects on public schools and other commercial properties in Dominion Energy’s territory have been delayed or outright canceled for more than a year due to new rules imposed by Dominion in December of 2022 that raised the cost of connecting these projects to the grid exponentially. Legislation promoted by the solar industry and its customers would have divided responsibility for grid upgrades between the customer and the utility, while giving Dominion the ability to recover costs it incurred. Through its lobbyists’ influence on legislators, Dominion killed the bills not for any compelling reason, but because it could. 

Dominion’s obfuscations and half-truths often work magic when the subject is technical. But of all the votes taken this year on energy bills, this one actually shocks me. No one listening to the committee testimony could have misunderstood the significance of the legislation, affecting dozens of school districts and local governments. In desperation, the solar industry offered amendments that (in my opinion) would have given away the store, to no avail.  

A cross-check of votes and campaign contributions shows the legislation failed due to the votes of committee members who happen to accept large campaign contributions from Dominion. This dynamic tanked a number of other climate and energy bills as well, and underlines why utilities must be barred from making campaign contributions.  

Dominion’s influence also killed a priority bill for the environmental community that would have required the SCC to implement the Commonwealth Energy Policy, slimmed down SCC review of efficiency programs to a single test, increased the percentage of RPS program requirements that Dominion must meet from projects of less than 1 megawatt, and increased the percentage of renewable energy projects reserved for third-party developers. Two other bills that were limited to the Commonwealth Energy Policy provision also failed.

Dominion’s opposition was also enough to kill a bill designed to expand EV charging infrastructure statewide, especially in rural areas, in part by protecting gas station owners who install electric vehicle charging from competition by public utilities. Sheetz and other fuel retailers testified that they want to invest in charging infrastructure but won’t take the risk as long as Dominion can install its own chargers nearby. The reason is that using ratepayer money allows a public utility to undercut private business. Other states have dealt with this by prohibiting utilities from getting into the EV charging business. Here, the retailers asked for 12 miles between themselves and any utility-owned chargers. Dominion opposed the bill, and the fuel retailers lost in subcommittee. A second bill that would have created an EV rural infrastructure fund passed the House but could not get funding in the Senate. 

Bills in both the House and Senate would have required most new local government buildings to include renewable energy infrastructure, especially solar. The House bill, though unopposed, was killed by Democrats in Appropriations because a fiscal impact statement erroneously said it might cost something, in spite of bill language exempting situations where the improvements would not be cost-effective. Then the same committee felt tradition-bound to kill the Senate bill when it came over, although that bill carried no fiscal impact concerns and it was by then clear that killing the House bill had been a mistake. A foolish consistency is the hobgoblin of little minds, but also of mindless rules.  

Moving along: all of the bills that would have put limits on the ability of localities to bar solar projects in their jurisdictions failed, as did legislation that would have given solar developers essentially a right to appeal an adverse decision to the SCC.

None of the many bills supporting customer choice in electricity purchasing passed. Legislation to allow localities to regulate or ban gas-powered leaf blowers also failed, as did a bill that would have required Dominion and APCo to reveal how they voted in working groups advising grid operator PJM. This bill passed the House but, like so many others, it died in the heavily pro-utility Senate Commerce and Labor committee.

Two steps sideways?

Community solar, known as shared solar in Virginia, staggered a few steps forward, or maybe just sideways. Readers will recall that the Dominion program authorized in 2020 has proven a success only for low-income customers who don’t have to pay the high minimum bill Dominion secured in the SCC proceeding that followed enactment.  

Trying to make the program work for the general public was the goal of legislation that advanced this year but may or may not help. As passed, the compromise language offers an opportunity to expand the program a little bit and to take the argument about the minimum bill back to the SCC with a different set of parameters.  

In addition to modifying the program in Dominion territory, shared solar now has a modest opening in Appalachian Power territory under a similar bill. Again, the final bill offers far less than advocates hoped, and it lacks even the special provisions for low-income subscribers that make the original Dominion program work at all. Like Dominion, APCo fought the bill, though unlike Dominion, APCo’s rate base has been shrinking, so losing customers to alternative suppliers is a more legitimate concern. 

(At least for now. All APCo needs to do to reverse the decline is to lure a couple of data centers from up north. Data centers are such energy hogs that they would swamp any losses from shared solar, and residents of NoVa would be glad to forgo a few. Or for that matter, a few dozen.) 

Other new measures garnered support from many in the environmental community, but don’t really move the needle. One allows geothermal heat pumps, which reduce a building’s energy demand but don’t generate electricity, to qualify under Virginia’s renewable portfolio standard (RPS). Another allows an old hydroelectric plant to qualify for the RPS, a move that adds no new renewable energy to the grid but means the electric cooperative that gets the electricity from the plant can now sell the renewable energy certificates to Dominion and APCo.

Lying down and rolling over

In the face of the single greatest threat to Virginia’s — and the nation’s — energy security and climate goals, the General Assembly’s leaders chose to do nothing. In fact, doing nothing was their actual game plan for data centers. A quick death was decreed for legislation requiring data centers to meet energy efficiency and renewable energy procurement requirements as a condition of receiving state tax subsidies. Also killed were a bill that sought to protect other ratepayers from bearing the costs of serving data centers, and more than a dozen bills dealing with siting impacts, water resources, noise abatement, undergrounding of transmission lines and other location-specific issues. 

The excuse for inaction is that the Joint Legislative Audit and Review Committee is undertaking a study to examine the energy and environmental effects of data centers. However, legislators did not impose a concomitant pause in data center development while the study is ongoing. Instead, for at least another year, Virginia’s leaders decreed that there will be no restraints or conditions on the growth of the industry, even as ever more new data center developments are announced and community opposition increases. 

And falling for the boondoggle

Nuclear energy has always had its true believers at the General Assembly, and the prospect of small modular reactors (SMRs) has excited them again. Many of the same legislators who busied themselves killing climate and energy bills this year insist Virginia needs SMRs to address climate change. They are more than happy to let utilities charge ratepayers today for a nuclear plant tomorrow — or rather, ten years from now, or maybe never if things go as badly here as they did in South CarolinaGeorgia and Idaho.

More cautious lawmakers say if Dominion or APCo wants to go all in on an unproven and risky technology like small modular reactors, they should shoulder the expense themselves and only then make the case for selling the power to customers. 

Dominion has achieved a terrific success rate with boondoggles over the years. (See, e.g. its coal plant in Wise County, spending on a North Anna 3 reactor that was never built, and the so-called rate freeze, followed by the also-lucrative legislation undoing the rate freeze.) By now you’d think more legislators would have joined Team Skeptic. But as always, utility donations and lobbyists’ promises are the great memory erasers. So once again, the General Assembly voted to allow ratepayer money to be spent on projects that may never come to fruition. 

This year APCo is in on the act as well. Two bills, one for APCo and the other for Dominion, will allow the utilities to charge ratepayers for initial work on nuclear plants of up to 500 MW. The final language of both bills requires SCC oversight and imposes limits on spending. That is, for now.

Will the real climate champions please step forward?

This round-up might leave readers thinking there aren’t many lawmakers in Richmond who take climate change seriously. Fortunately, this is not the case. Close to two dozen legislators introduced bills targeting stronger measures on energy efficiency, renewable energy, electric vehicles and utility reform. Del. Rip Sullivan, D-Fairfax, led the pack both in the sheer number of initiatives he introduced and the tenacity with which he pursued them, but he was not alone. 

A few Republicans also supported good energy legislation, and even, in the case of Del. Michael Webert, R-Fauquier, sponsored priority bills like the SAVE Act. With groups like Energy Right and Conservatives for Clean Energy making the case from a conservative perspective, maybe we will see progress towards a bipartisan climate caucus to build on Virginia’s energy transition. 

If that sounds too optimistic, consider that the alternative right now is the near-total inaction that marked this year’s session; we just don’t have time for that.