Tag Archives: Dominion Power

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APCo wants higher bills for homeowners who go solar

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Workers installing solar on a roof. Photo credit: Dennis Schroeder, NREL

Workers installing solar on a roof. Photo credit: Dennis Schroeder, NREL

Update: The SCC approved APCo’s standby charges with a small modification. As it had when considering Dominion’s standby charge, the SCC declined to consider the benefits of solar to APCo. See http://www.scc.virginia.gov/docketsearch/DOCS/303%2301!.PDF at page 36-37.

Appalachian Power Company (APCo) is seeking permission from utility regulators to impose new “standby” charges on residential customers who install solar systems over 10 kilowatts (kW). The fee is included in the company’s latest rate proposal, now before the State Corporation Commission.

According to the filing, the transmission and distribution charges would add $3.77 per kW to the monthly bill of a customer who goes solar with a large residential system. That means homeowners with 10 kW systems would pay an added $37.70 per month. Charges would escalate to $75.40 per month for homes with 20 kW systems, the largest size allowed under net-metering rules.

So the potential is there for a solar homeowner to owe over $900 per year in new charges on his electric bill. But according to APCo, only three customers in all of its Virginia territory have systems large enough to qualify for a standby charge, with no additional big systems in the queue.

That’s right: APCo is spending many, many thousands of dollars on lawyers and consultants so it can change rules that affect three people.

Ahem. Lest anyone think APCo is worried about cost. APCo’s decision to move now proves this is not about freeloaders on the grid. This is about protecting the corporate monopoly on electric power by shutting down the independent solar industry while it is still small.

In this, APCo is following the lead of Dominion Power, which got the SCC to approve similarly onerous standby charges on its own large residential solar customers in 2011. The utility’s ability to do so was authorized that year by a bill amending section 56-594 of the Virginia Code. The statute leaves it up to utilities and the SCC to determine the amount.

The Virginia solar industry acquiesced to the standby charge language as part of a deal that raised the residential net metering limit from 10 kW to 20 kW. Industry members assumed any charges the SCC approved under the law would be modest, given the many benefits solar brings to the grid.

Their assumption proved spectacularly wrong. The SCC bought Dominion’s arguments about solar homeowners not paying their “fair share,” dismissing expert testimony and findings from other states that solar enhances grid security and offsets peak demand.

The result has been a clear setback for the solar industry’s ability to sell larger home systems. Dominion’s steep standby charges “are forcing the solar industry to take a step backward when we’ve worked so hard to make positive steps forward,” says Andrew Skinner, Project Manager with Prospect Solar in Sterling, Virginia. “Working with several small farms and residences in rural VA, we have had to design right up to the threshold of the standby charge to make the economic case most compelling.”

Dominion and APCo are following the playbook of the American Legislative Exchange Council (ALEC), a secretive corporate lobbying organization that seeks to roll back pro-renewable energy laws across the country. The parent companies of both Dominion and APCo are members of ALEC, and Dominion’s president, Bob Blue, served on ALEC’s energy and environment task force with representatives from the American Petroleum Institute, the American Coalition for Clean Coal Electricity, the science-obfuscation shop Heartland Institute, and other champions of all things fossil. (Greenpeace recently announced that six utilities have resigned from ALEC; unfortunately our guys were not among them.)

Given that APCo’s proposed standby charges are so similar to Dominion’s, APCo probably figures its request is a slam-dunk at the SCC. And given how few people are affected, it may be tempting to ignore it. But just last summer Dominion signaled its intent to try to extend its own standby charges to more solar customers, which makes the issue relevant to everyone who owns a solar system, wants one, or supports the rights of others to buy them.

Whether utilities should be loading up their solar customers with added fees is also at the heart of two studies getting underway in Virginia this year examining the costs and benefits of solar, one of them under the auspices of the Department of Mines, Minerals and Energy and the Department of Environmental Quality, and the other by the SCC itself. With a consumer backlash growing nationwide against utility efforts to “tax the sun,” APCo’s move looks like a way to lock in a rate increase on solar owners before the data is in—and before its customers catch on.

It’s especially unfortunate that the utilities’ push against net metered solar comes at a time when we are beginning to see a flourishing of the solar market. Total installed solar in Virginia has leapt from under 5 megawatts just a couple of years ago to perhaps 18 megawatts today. Okay, that’s a paltry figure compared to, say, North Carolina’s 557 megawatts or New Jersey’s more than 1200 megawatts, but starting from next to nothing gives us a really fantastic growth curve.

The rapid drop in solar prices has been a major factor driving Virginia sales. Says Skinner, “With the advancements in the solar market over the past couple years, even here in Virginia, we have been inching closer to the 10 year or less payback period. We talk to people every day that tell us they’ll go solar here when the payback is less than 10 years. A standby charge reverses that trend based on an argument with flawed economics. While other states are making progress on the true value of solar, we’re here with our head held under water.”

He concludes, “Even while holding our breath we are still creating jobs and installing solar arrays all over our beautiful state. I was born and raised here, and I’m proud to work for a VA based company; we just need to get rid of these backward policies so we can keep moving forward.”

APCo’s rate case is PUE-2014-00026, which can be found on the SCC website. For a discussion of the standby charge proposal, look for the exhibit containing the testimony of Jennifer Sebastian. The deadline for submitting comments on APCo’s application is September 9, 2014, and a public hearing will be held on September 16 at the SCC offices in Richmond.

 

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Dominion won’t explain ties to anti-clean energy “bill mill” ALEC

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Dominion Resources, the parent of Dominion Virginia Power, held its shareholder meeting today in Cleveland, Ohio. Unhappy Dominion shareholders have introduced many resolutions over the years seeking to reform aspects of the company’s business practices, from buying mountaintop-removal-mined coal to exposing investors to risks from climate disruption. Although Dominion routinely challenges the resolutions, seeking to keep them off the ballot, this year half a dozen resolutions made it through the legal obstacle course to be voted on. One of the resolutions, submitted by the New York State Common Retirement Fund, called on Dominion to disclose its financial support for the secretive American Legislative Exchange Council, which works to defeat and roll back renewable energy and climate initiatives across the country. The resolution prompted guest blogger Seth Heald, in Cleveland today for the shareholder meeting, to offer this commentary.  

Dominion's coal-fired Chesterfield Power Station, on the James River, has been driving climate change since 1952. Photo credit Ed Brown, Wikimedia Commons.

Dominion’s coal-fired Chesterfield Power Station, on the James River, has been driving climate change since 1952. Photo credit Ed Brown, Wikimedia Commons.

In the past week or so communities across Virginia staged Earth Day festivals and other events to raise environmental awareness and support environmental protection. Virginia’s largest electric utility, Dominion Virginia Power, had tables or booths at a number of these events, touting the company’s environmental record.

The utility’s parent corporation—Dominion Resources, Inc.—attempts to defend the company’s environmental practices on its website. Chief environmental officer Pamela F. Faggert explains “[e]nvironmental awareness is the responsibility of each Dominion employee. It is woven into the fabric of our culture ….”

What you won’t find on Dominion’s website or in its Earth Day handouts is any mention of its work to undermine environmental protections through its financial contributions to the American Legislative Exchange Council, widely known as “ALEC.” ALEC has been described as “a corporate bill mill.” It brings together corporations and state legislators and comes up with “model legislation” for the legislators to introduce back home. Sometimes state legislatures pitch in with their own additional financial support. A report on ALEC’s influence in Virginia, issued by the group Progress VA, states that between 2001 and 2010, Virginia spent over $230,000 of taxpayers’ money to send legislators to ALEC conferences “to meet with corporate lobbyists behind closed doors.” The report notes that more than 50 bills drawn from ALEC sources have been introduced in the Virginia General Assembly in recent years.

ALEC gained notoriety recently because of its sponsorship of “stand your ground” laws, such as the one in Florida connected to the Trayvon Martin shooting death. According to The Guardian, more than 60 corporations withdrew from ALEC after that connection was publicized.

ALEC’s proposed energy and environmental legislation reliably favors corporate polluters’ interests over the environment. An ALEC model resolution intended to stymie efforts to address climate change expressed the goal of “prohibiting EPA by any means necessary from regulating greenhouse gas emissions, including if necessary defunding EPA greenhouse gas regulatory activities.” As reported in the Virginian-Pilot, a Virginia delegate introduced this resolution in the House of Delegates after it was presented to him by the coal industry. A different ALEC resolution called for opposition to “all Federal and state efforts to establish a carbon tax on fuels for electricity and transportation.” A list of ALEC model legislation is available at http://www.alecexposed.org/.

The nonprofit watchdog Center for Media and Democracy reports that Dominion Resources has participated on ALEC’s energy, environment and agriculture task force. A 2010 “roster” of people on that task force (obtained by the group Common Cause and posted online) includes Dominion executive Robert Blue, who currently is Dominion Virginia Power’s president. Blue and other Dominion executives served alongside Joseph Bast, president of the Heartland Institute—an extremist group notorious for its support of climate-science denial and comparing those who “still believe” in climate science to mass murderers.

Also on ALEC’s environment task force roster serving alongside Dominion executives were representatives of the American Petroleum Institute, Koch Companies Public Sector LLC (affiliated with Koch Industries and the Koch brothers), the American Coalition for Clean Coal Electricity (a coal-industry group that lobbies against carbon-emission restrictions), and the Koch-backed right-wing, anti-environment group Americans for Prosperity.

ALEC has been linked to sponsorship of recent efforts to block or roll back state legislation that promotes renewable energy. ALEC has also backed efforts to water down laws requiring disclosure of fracking chemicals, and efforts to block federal regulation of toxic coal-ash storage sites. (Federal regulation, had there been any, might have served to prevent the recent Duke Energy coal-ash spill in North Carolina, which flowed downstream into Danville, Virginia.)

You simply can’t square these anti-environment positions with Dominion’s professed corporate culture of environmental awareness, supposedly woven into the company’s very fabric. No wonder Dominion keeps quiet about its ALEC involvement.

At Dominion’s May 7 shareholder meeting I asked the company’s chairman and CEO, Thomas Farrell, II, why Dominion participates in ALEC and what the company gets from that participation. Farrell clearly didn’t want to say much. His entire answer was “We see value in it and that’s why we participate.”

EPA records reveal that Dominion is the largest emitter of carbon-dioxide pollution in Virginia. Meanwhile Virginia’s Hampton Roads area, where many Dominion customers live, is one of the most vulnerable places in the nation to harm from climate change caused by carbon emissions. Virginia continues to suffer from the recent Duke Energy spill of toxic coal ash into the Dan River.

ALEC’s efforts to block environmental protections harm all Virginians, indeed all Americans. The people of Virginia—Dominion’s customers—should press Dominion to work to reduce its carbon emissions sharply rather than waxing poetic about its environmental “culture” while quietly supporting groups like ALEC that seek to block efforts to address climate change.

Seth Heald is vice chair of the Sierra Club Virginia Chapter, and is also a Dominion Resources shareholder. He is a graduate student in the Master of Science in Energy Policy and Climate program at Johns Hopkins University.

 

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Dominion Power buys California solar, and Virginians wonder, “Why not us?”

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solar installation public domainThe news broke on April Fools’ Day, making Virginians feel we were the victims of a bad joke: Dominion Power announced it had bought six California solar projects, for a total capacity of 139 megawatts (MW). “This investment is another important step forward for Dominion as we expand our renewable energy portfolio,” said Dominion Chairman, President and Chief Executive Officer Thomas F. Farrell II. “These projects fit well within our portfolio of regulated and long-term contracted assets,” which also include 41 MW of solar in Georgia, Connecticut and Indiana.

Don’t get excited, Virginia: this solar investor is not Dominion Virginia Power but Dominion Resources, the parent company. You can be sure executives will take every opportunity to brag about the company’s stake in the national solar market, but none of this power will reach us here in the Commonwealth.

Here, Dominion owns a grand total of one solar array at a university, all of 132 kilowatts. That’s about 14 houses’ worth, out of a customer base of 2.4 million. A 500-kilowatt array on an industrial building is set to deploy soon. That will bring the grand total to maybe 70 houses’ worth, if the owners don’t leave the lights on too much. Dominion is supposed to be developing a total of 30 MW of solar under a law passed in 2012, but the glacial pace of deployment is discouraging. Oh, and neither of its first two projects employed Virginia solar companies, further minimizing their impact in the state.

Why isn’t Dominion investing in Virginia? “The cost of large solar projects such as this are still too high for a regulated market in Virginia,” Dominion spokesman Dan Genest told the Richmond Times-Dispatch.

You might ask, if the costs of solar power are too high for a regulated market, perhaps it is time to deregulate the market? Somehow I don’t think that’s what Genest meant. More likely he meant that Virginia’s regulatory scheme is so skewed in favor of fossil fuels that there’s no space for utility-scale solar. Not that he would put it quite so bluntly—or admit to his employer’s role in creating this problem.

But let’s review the facts: Dominion has lavished $6.6 million over the last ten years on Virginia lawmakers, ensuring the company’s dominance in our political process. Dominion writes our energy laws and shepherds them through the legislative committees it controls. It has molded both the rules of the game and the way Virginia regulators apply them: favoring fossil fuel generation such as the expensive Wise County coal plant, ignoring costs to the public from air and water pollution, and blocking all attempts at reform.

Dominion has so shaped Virginia’s energy policy that it wouldn’t get permission from the State Corporation Commission to add a utility-scale solar project to its generation mix today. The company now finds itself a captive within the very walls it built to protect its profit and defend itself from competition, and just at a time when the world outside its walls is offering all kinds of interesting opportunities.

But there are ways out. Dominion could support a solar mandate in the General Assembly, on grounds that range from energy security to fuel diversity to preparing for a major natural disaster. Solar on gas station roofs can keep the pumps working when the electric grid fails; solar on hospitals and police stations can power essential services even when supply disruptions idle fossil-fueled generators. The more legislators understand the unique potential of solar, the easier it will be for Dominion to overcome the bias against renewable energy that it helped instill in the first place.

Or Dominion could support the value-of-solar methodology recently adopted in Minnesota that rewards solar development instead of penalizing it. Minnesota is not much known for sunshine, but its analysis of the costs and benefits of solar energy demonstrated a value for solar that exceeds even the full retail price of fossil-fired electricity. Adopting this analysis would be an about-face for Dominion; the company only recently won the right to levy punitive standby charges on some solar customers, and it has signalled a desire to impose them on the rest of the solar market as well, all on the theory that solar is of no more value than dirty power bought wholesale off the grid.

So okay, my suggestion has Tom Farrell spitting out his coffee, but bear with me. There is money to be made here.

Solar energy is no longer a marginal energy source for niche markets. Its price is going down; its market share is going up. Dominion’s own forays into solar show the company knows it has to play in this market or get left behind. So it makes more sense for Dominion to support a market in Virginia, where its influence will ensure the company profits handsomely, than to try to hold back the tide, as it is doing now. Sure, success would also mean independent rooftop solar installers would flourish in Virginia, but that’s a small price to pay for creating a whole new market in utility-scale solar that Dominion would own.

And then there’s the attraction of a carbon-free energy source in a climate-change world. A major foray into the Virginia solar market will help Dominion comply with the federal carbon rule the EPA is expected to announce in June. After all, no matter how you feel about federal rules, there are only two ways to deal with them: comply, or throw a tantrum and then comply.

It’s a fact that Dominion’s initial forays into developing solar have not inspired confidence. Dominion spends too much and takes too long to do something the private sector does better and cheaper. But Virginia has a solar industry that is champing at the bit to develop these projects and put Virginians to work in the process. Dominion may as well take advantage of other companies’ expertise here, the way it has in California.

As the saying goes: Lead, follow or get out of the way. I would settle for any one of the three. And any of them are better than what we have now in Virginia, with Dominion standing in the middle of the road, going nowhere, and blocking progress.

.   .   .   .   .

UPDATE: Installation of Dominion’s second solar array is now complete, reports the Associated Press. The story says that the more than 2,000 panels on the Canon Environmental Technology plant in Gloucester, VA make this the biggest rooftop array in Virginia. However, that honor would seem to remain with the Ikea store in Woodbridge, which has 2,100 panels providing 504 kW. The Ikea array, dedicated in 2012, is outside of Dominion’s territory, so the Dominion array may be the largest in its own territory.

Alert readers will notice that Ikea uses a government calculator to compute that its 504 kW is enough to power 55 homes, while Dominion claims its 500 kW could power 125 homes. Ikea’s calculation fits with normal industry assumptions. But perhaps Dominion is predicting 120% more sunshine?

 

 

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A new business model for non-profits brings solar into hostile territory

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Solar panels over the entrance to the First Congregational Christian United Church of Christ. Photo credit: Matt Ruscio

Solar panels over the entrance to the First Congregational Christian United Church of Christ. Photo credit: Matt Ruscio

Fourteen solar panels crown the entrance to the First Congregational Christian United Church of Christ in Chesterfield, Virginia. The small array generates 10% or so of the church’s electricity, but the project is notable for a different reason: it was the first solar system installed anywhere under a new kind of contract called a Customer Self-Generation Agreement. The agreement allowed the church go solar with no money down, and without increasing its electricity costs.

The Customer Self-Generation Agreement (CSGA) is the brainchild of Tony Smith, founder and CEO of Secure Futures LLC, a solar developer based in Staunton, Virginia. Under its agreement with the church, Secure Futures owns the solar panels and reaps the federal tax benefits that make solar affordable. The church gets the electrical output of the system over the twenty-year life of the contract. Neither a lease (which would bar the church from getting the tax benefits) nor a third-party power purchase agreement (which the incumbent utility would have opposed), the CSGA occupies a financing niche all of its own.

For Secure Futures, the CSGA was born of necessity. In 2011, the company was blocked from completing a solar array at Washington and Lee University when Dominion Virginia Power sent “cease and desist” letters claiming the parties’ use of a third-party power purchase agreement (PPA) violated the utility’s monopoly on the sale of electricity. Although convinced it had the law on its side, Secure Futures backed down in the face of expensive litigation. The solar installation was only completed by turning the PPA into a lease and losing some of the tax benefits.

Tony Smith. Courtesy of Secure Futures.

Tony Smith. Courtesy of Secure Futures.

Secure Futures had been building a place for itself in the nonprofit world, appealing especially to colleges and universities that want solar power as part of their sustainability goals. The company’s 104-kW solar array at Eastern Mennonite University in Harrisonburg, Virginia, completed in 2010, was the first PPA in Virginia and, at the time, the largest solar array in the state. But that project was not in Dominion’s territory.

For a state like Virginia with few policies to support solar, accessing the federal tax credits is critical to financing a solar project. Tax-exempt entities like municipalities, schools and churches are a natural customer base for solar, but because they cannot use the federal tax credits themselves, they must partner with a tax-paying company that can own the project. Third-party PPAs have been the answer in states that allow them. PPAs also frequently offer a no-money-down option, which has proven a huge market driver in recent years for homes and businesses as well as non-profits.

Solar array installed by Secure Futures for the Harrisonburg Redevelopment and Housing Authority using a CSGA. Photo courtesy of Secure Futures.

Solar array installed by Secure Futures for the Harrisonburg Redevelopment and Housing Authority using a CSGA. Photo courtesy of Secure Futures.

But after the Washington and Lee experience demonstrated both Dominion’s hostility to PPAs and its willingness to use its legal firepower, Tony Smith decided to seek another way through the legal thicket. Working with regulatory lawyer Eric Hurlocker and tax specialists at Hunton and Williams, Secure Futures developed an innovative contract model that could provide the tax benefits of a PPA without running afoul of utility monopoly claims. CSGAs are contracts for solar services but, crucially, don’t involve the sale of electricity.

Although Dominion Power eventually relented enough to cooperate on a bill passed in 2013 that allows a small number of PPAs within its territory on a “pilot project” basis, Secure Futures has continued to use the CSGA model in subsequent projects because it offers features that a standard PPA does not.

Perhaps more importantly, neither Dominion nor any other utility has signaled opposition to CSGAs. Suddenly, Secure Futures’ niche looks huge. The ability to use CSGAs wherever PPAs would make financial sense opens up new opportunities among non-profits not just in Virginia, but in all of the 28 states where PPAs are currently either illegal or of uncertain status. As Smith notes, no state bars customers from generating electricity for their own use.

While Smith is eager to see his company grow, he says his larger goal has always been to open the floodgates for solar projects across the country where they are held back now only by outdated laws and flawed policies. He hopes to license the CSGA approach, ideally to a non-profit that could work with developers across the South to make this contract model widely available.

Virginia has always been a hard place to do business for solar companies, so much so that Smith refers to it as a ”dark state.” Knocking down the PPA barrier won’t bring the sunshine in all by itself, but it does create an opening.

 

 

 

 

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2014 legislative session ends with modest progress on solar, not much else to brag about

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photo credit: Amadeus

photo credit: Amadeus

The 2014 Virginia legislative session wrapped up this weekend, sort of. Legislators still have to return to work out a budget deal, and in six weeks they will be back again to consider any bills vetoed or amended by the governor. But it’s still a good time to survey the battlefield.

Advocates of enlightened energy policy march into session every January bright-eyed and optimistic, only to become mired in the slough of despond. We watch the best bills die, while bills we thought too backward to survive the light of day flourish like an invasive species. Yet even in Virginia, the past few years have produced glimmers of hope that suggest a slowly shifting mindset among legislators.

There is, for example, a growing movement in favor of solar energy that is as strong on the Republican right as it is on the Democratic left. They haven’t quite formed a Solar Caucus yet, but you might say we are beginning to see a Solar Consensus.

Last year, after a long battle, this consensus produced a law specifically allowing some third-party-owned solar and wind projects, a critical step for nonprofits to install solar economically. This year, the legislature removed the second major hurdle to these projects, local “machinery and tools” taxes on solar equipment that would have made third-party-owned projects impossible in most Virginia jurisdictions.  Assuming the Governor signs, SB 418 and HB 1239 take effect January 1, 2015.

In a near-rerun of two years ago, Senator Chap Petersen’s SB 222, nullifying homeowner bans on solar, passed the House and Senate. Back then Governor McDonnell surprised us all by vetoing similar legislation, an action not expected from Governor McAuliffe.

This year, too, the legislature voted to establish a grant program to help fund renewable energy projects. Originally conceived as an ambitious, $100 million tax credit, the legislation was quickly scaled back to $10 million and turned into a grant, causing it to run into trouble when money couldn’t be found in the budget to fund it. (Sorry, we spent it all on coal.) So SB 653 won’t take effect until fiscal year 2015-2016, and even for that to happen the bill must be reenacted in 2015. Too many contingencies, you say? Well, yes. But passing the bill at all is a remarkable milestone for this legislature. Let’s appreciate this moment.

Solar advocates also tried for a second year to pass a bill that would require the State Corporation Commission to set up a registration system for Virginia renewable energy certificates. While the bill did not pass, the SCC has agreed to examine whether it can do the job administratively, and if legislation is required, to suggest the necessary language for the 2015 session. Again, it’s a small victory, but it reflects an increasing acceptance of solar energy as an inevitable part of our energy mix.

Okay, sure, the defeats were far more numerous. Reforms to our farcical Renewable Portfolio Standard were whittled down to why-bother status before passage (SB 498 and HB 822). Efforts to ensure that both utilities and regulators take account of the long-term costs of fossil fuels (HB 808) and their climate change impacts (HB 363) never made it out of House subcommittee. Every effort to expand residents’ access to solar energy by opening up net-metering failed (SB 350, HB 879, HB 1158, HB 906 and SB 350).

One of the net-metering champions, Senator John Edwards, put in a resolution in the final days of the session to organize a study of the value that distributed solar generation provides to utilities and the grid. The bill was introduced on March 3d and scuttled on the 6th (surely some kind of record), but advocates expect the study to go forward administratively. The study will make use of the Small Solar Working Group that formed last year, facilitated by the Department of Environmental Quality and consisting of solar advocates, utilities, local governments and others.

This value-of-solar issue is at the heart of the national battle over the expansion of distributed solar and the effort by utilities to nip it in the bud to preserve their monopolies. We expect Virginia utilities to continue their push for a very low valuation, one that would justify the barriers currently in place and add new ones like standby charges.

There were other disappointments, too, like the failure of HB 766, a bill that would have allowed localities to form service districts for energy projects, just as they do for things like trash collection, and HB 1001, which would have required electric utilities to offer on-bill financing of energy efficiency improvements.

But as I wrote in my last post, the worst news for consumers this year was the passage of SB 459, a bill allowing Dominion to write off hundreds of millions of dollars it has spent developing plans for a third nuclear reactor at Lake Anna. Last week we spoke with lawyers at the Attorney General’s office about this boondoggle, which they also oppose, and received confirmation that our reading of the bill is correct. In spite of the propaganda coming from Dominion about “no ratepayer impact,” customers of the utility will indeed pay these costs.

Worse, while we know Dominion has spent $570 million so far, the company has not disclosed how much more it intends to spend—and charge us for—in the future. The AG’s office told us Dominion has this estimate but won’t disclose it publicly, insisting the figure is confidential. Apparently it is not for the likes of us customers to know such things.

Legislators not only signed us up for this open-ended boondoggle, they specifically rejected an amendment offered by Delegate Ware that would have ensured we got our money back if Dominion doesn’t build the nuclear plant.

Given the lopsided vote tally, the Governor is not likely to veto the bill. Knowing this, the AG’s office is recommending amendments that would allow the State Corporation Commission to review the money spent (the bill as written jettisons even that minor consumer protection), but isn’t suggesting a wholesale rewrite.

Looking for a silver lining? There are two. First, Dominion may have pursued this legislation not because it wants to build North Anna 3, but because it intends to abandon the project and figures it might as well get ratepayers to cover the sunk costs while it’s still possible to pretend everything is full-speed-ahead. That would actually come as a relief; not building a financially uncompetitive nuclear plant on an earthquake fault line is way better than building it.

Second, the bitter pill of this legislation comes with a little chaser of sugar in the form of a second bill, SB 643, that provides the same treatment for the costs of developing an offshore wind farm. So far these costs have been tiny in comparison to what’s been spent on North Anna 3, but putting them into the rate base will lower the cost of building turbines offshore.

Some people have suggested it’s inconsistent to like the wind bill while hating the nuclear bill, but surely it’s only reasonable to fish a pearl out of a dung heap. There are good reasons to distinguish the bills, beyond the dangers of nuclear and the planet-friendly qualities of wind power. Most obvious is that there is real doubt whether the federal government will approve a nuclear plant with the serious siting issues confronting Lake Anna, while it has already approved the site of the offshore wind farm and given Dominion a lease.

Since my last update, a few other bills have seen action. Senator Stuart’s bill to control fracking in the Tidewater area, SB 48, died in the killing fields of House Commerce and Labor.  SJ3 and HJ16, Virginia’s first bills to deal with the effects of climate change, had to go to conference on the question of who would be part of the subcommittee studying “recurrent flooding” and how much power they would have. The compromise calls for three senators and five delegates to be part of the 11-member subcommittee. Absurdly, it gives the majority of either the senators or the delegates veto power over any recommendation. Senators Locke, McWaters and Watkins, and Delegates Stolle, Knight and Hester have already been appointed.

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Where ethics and utility profits intersect, a stain spreads across the “Virginia Way”

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Dominion buildingThe Virginia General Assembly has punted on ethics reform, preparing to pass watered-down legislation that does very nearly nothing. At the same time, legislators are about to pass a law that will cost Dominion Power’s customers more than half a billion dollars as a down payment on a nuclear plant that hasn’t been approved and isn’t likely to be built.

These are not separate issues.

Virginia has had an ethics problem since long before Bob McDonnell met Jonnie Williams. As many people have noted, the real scandal is how hard it is to break our ethics laws. So long as you fill out a form disclosing the gift, it’s legal for politicians to accept anything of value from anyone, to use for any purpose. By this standard, McDonnell’s biggest failure was one of imagination.

The legislation that appears likely to come out of the General Assembly merely puts a $250 cap on the price tag of any one gift, with no limit on the number of lesser gifts and no limit on the value of so-called “intangible” gifts like all-expense-paid vacations. The mocking of this bill has already begun.

Conveniently, the bill deals with a tiny side stream of tainted cash compared to the river of money flowing from corporations and ladled out by lobbyists. Corporations don’t usually give out Rolexes and golf clubs. Instead, they give campaign contributions. Here again, Virginia law places no limits on the amount of money a politician can take from any donor. Five thousand or seventy-five thousand, as long as your campaign reports the gift, you can put it in your wallet.

And here’s the interesting part: you don’t have to spend the money on your campaign. If gerrymandering has delivered you a safe district, you can use your war chest to help out another member of your party—or you can buy groceries with it. The distinction between campaign money and personal money is merely rhetorical. A spokeswoman for the State Board of Elections was quoted in the Washington Post saying, “If they wanted to use the money to send their kids to college, they could probably do that.”

In an eye-popping editorial, the Post ripped into one Virginia delegate who charged his campaign more than $30,000 in travel and meals, and another $9600 in cellphone charges, in the course of just 18 months.

As with taking the money, the only rule in spending campaign funds is that you file timely paperwork showing what you spent it on; the reports are not even audited. The theory originally may have been that the threat of public disclosure would keep a gentleman from taking money from unsavory persons. If you took it anyway, the voters would learn of it and throw you out. How quaintly respectful of the energy and capabilities of voters! How pre-gerrymandering.

And how pre-corporation. The smartest companies today spread the wealth around: more to the legislators in charge of the important committees, less where they just need floor votes. The largesse is bipartisan, making everyone happy but the voters. Certainly, a legislator who accepts thousands of dollars from a lobbyist would be churlish to criticize the company writing the check.

So what do you call someone who pays for his meals out of the check he gets from a company?

How about, “an employee”?

Environmental groups and good-government advocates have long decried the influence of corporate money in Virginia politics. In their 2012 report, Dirty Money, Dirty Power, the Sierra Club, Appalachian Voices, and Chesapeake Climate Action Network documented the rising tide of utility and coal company contributions to Virginia politicians, coinciding with a series of votes enriching these special interests.

Dominion Power has consistently led the “dirty money” pack. As the single largest donor of campaign funds aside from the Republican and Democratic parties themselves, its influence in Richmond is widely acknowledged, even taken for granted.  Most legislators will not bother to introduce a bill that Dominion opposes, even if they like it themselves. Critics joke that the General Assembly is a wholly-owned subsidiary of Dominion Resources.

According to Dirty Money, Dirty Power, Dominion’s contributions to elected officials totaled $5.2 million from 2004 to 2011. The Virginia Public Access Project shows another $1.4 million in 2012 and 2013. The contributions overall somewhat favor Republicans, but often the contributions are so even-handed as to be comical, like the $20,000 each to Mark Herring and Mark Obenshain in the Attorney General’s race last fall. These contributions are not about supporting a preferred candidate; they are about buying influence.

Note that much of the donations don’t go directly to General Assembly members but to the parties’ PACs, which then dole out the money. This gives Dominion extra influence with party leaders—again, on both sides.

The result has been spectacularly successful for Dominion, which rarely fails to get its way. Bills it opposes die in subcommittee (witness this year’s bills to expand net metering). Bills it wants succeed.

That brings us to this year’s money bills. As you may have read here or in Virginia papers, Dominion has been “over-earning,” collecting more money from ratepayers than allowed by law. In the ordinary course of things, this would result in both a rebate to customers and a resetting of rates going forward to produce less revenue for the utility.

For Dominion, the solution is a bill that lets the company charge ratepayers for expenses it isn’t entitled to pass along under current law. (Indeed, in a nice touch, the bill actually requires Dominion to pass along these expenses.) Presto: it’s no longer earning too much, owes no rebate, and doesn’t have to cut rates.

In return, the ratepayers get the satisfaction of assuming the sunk costs of a new nuclear reactor that will probably never be built, plus whatever more money the utility spends on it going forward. I believe the technical parlance for this is “blank check.”

“But we must have nuclear,” our legislators murmur as they sign our names on the check. Um, why? Nuclear energy today can’t compete economically. Just last year Duke Energy gave up on two nuclear plants it had been building, after billing ratepayers close to a billion dollars in construction costs. (BloombergBusinessweek headlined its article on the subject, “Duke Kills Florida Nuclear Project, Keeps Customers’ Money.”)

Dominion itself understands the wretched economics of nuclear perfectly well; its parent company, Dominion Resources, just closed an existing nuclear plant in Kewaunee, Wisconsin, because it couldn’t produce power cheaply enough to attract customers. And that’s from a plant that’s paid for; energy from new plants is now more expensive than natural gas, wind, and even some solar.

Memo to Democrats: when the cheaper alternative is renewable energy, no self-respecting progressive signs on to nuclear.

The steadily falling price of wind energy, and more recently, solar energy, helps explain why nuclear is on its way out nationwide. The only nuclear plants under construction in the U.S. today are over budget and reliant on billions of dollars in federal loan guarantees.

Memo to Republicans: no self-respecting, Solyndra-bashing conservative signs on to nuclear.

The State Corporation Commission also understands the economic picture, and it has been skeptical of Dominion’s nuclear ambitions. On top of that, there are serious concerns whether a third reactor at North Anna could even get a license from the Nuclear Regulatory Commission in the wake of the earthquake that shut the existing units for four months in 2011. (For a good short history of the North Anna reactors, including the fine Dominion paid in 1975 for hiding the existence of the fault line, see this article in the local Fluvanna Review.)

So there’s a pretty good chance that Virginia ratepayers will find themselves following in the path of Duke Energy’s customers, with many hundreds of millions of dollars thrown down a rathole and nothing to show for it.

The elected officials voting for this boondoggle, on the other hand, will have plenty to show for it, unfettered by rules of ethics.

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Amid the carnage, some energy bills make progress

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This week marks “Crossover” at the General Assembly. Both chambers have to finish up action on their own bills by midnight Tuesday; starting on Wednesday, they can consider only bills passed by the other chamber. If you’re a legislator and your bill doesn’t get acted on by COB Tuesday, you are out of luck for the year.

photo credit: Amadeus

photo credit: Amadeus

Most of the energy and climate bills we’ve been following now lie dead on committee floors, but some have made it through to passage by the whole House or Senate. Now they need to get through the other chamber’s committees and floor votes by March 8, the end of Session. This date is known as Sine Die, Latin for “thank God that’s over with.”

Here’s where we stand at press time:

Investment tax credit-now-grant passes Senate but not House; advocates looking for help to get it through this year. HB 910 (Villanueva) was “continued to 2015” by voice vote in House Finance, essentially killing it for the year due to a failure to find funds in the budget to cover the cost. However, SB 653 (Norment) has passed the Senate, giving proponents a second shot in House Finance and more time to identify funds. Supporters are running a campaign to generate emails to members of the House Finance committee. Follow the link to send an email.

Just for the record, I don’t recall any similar difficulty approving the tens of millions of dollars we throw at coal every year.

Redefining solar panels as pollution control equipment looks to be a done deal. SB 418 (Hanger) and HB 1239 (Hugo) have passed their respective houses. The amendment to the House bill limiting projects to 20 megawatts will likely be added to the Senate bill. The legislation is primarily designed to help third-party owners of solar systems who currently face prohibitive local taxes on “machinery and tools.”

No more HOA bans on solar. SB 222 (Petersen) is expected to pass easily in the House, where it has been referred to Commerce and Labor. The legislation nullifies homeowner bans on solar systems, while retaining associations’ ability to enact “reasonable” restrictions on their placement. Next year perhaps someone will take on the task of explaining to HOAs that restricting solar panels to north-facing roofs is not what we mean by “reasonable.”

5-year banking limits on REC purchases for the RPS expected to become law. SB 498 (McEachin) and HB 822 (Lopez) both passed their houses, so voting in the other house is just a formality before they go to the governor for his signature.

Municipal and multi-family net metering dead for the year. Last week I reported that the House energy subcommittee had killed all the House bills that would expand net metering opportunities for municipalities and multifamily housing communities. Now we have to add the Senate bill, SB 350 (Edwards), to the death toll. Condolences go out to those intrepid industry members and advocates who keep fighting to give Virginians more access to solar, knowing they have about as much chance against Dominion Power as democracy advocates have in North Korea.

Hampton Roads set to get a study of “recurrent flooding”; just don’t call it climate change. SJ3 and HJ16 have passed the Senate and House.

Fracking restrictions for Tidewater Virginia pass Senate. SB 48 (Stuart) will now go to House Commerce and Labor.

HB 207 “science education” bill may die of (press) exposure. Delegate Bell’s bill has been tossed from one House committee to the next like a hot potato, with no one wanting to go on the record voting either for it or against it. The news media have been all over this one, quoting science educators who say it promotes creationism and climate denial. Truth be told, many delegates support it for precisely that reason, but they don’t want to be exposed as troglodytes in the press. The bill is now back in Courts of Justice with pretty much no chance of getting to the floor tomorrow.

Dominion’s rate increase for nuclear clears both House and Senate. You can call it what you want, but in the absence of SB 459 (Stosch) and HB 1059 (Kilgore), we’re told regulators would require Dominion to refund to ratepayers the money it has reportedly been overcharging them, and to decrease rates going forward. These bills let Dominion keep the overage as a way of paying for a nuclear plant that will probably never get built. SB 459 sailed through the Senate. HB 1059 passed through committee and awaits action tomorrow by the full House. Stay tuned to find out if Dominion succeeds in sticking us with half a billion dollars to support Tom Farrell’s nuclear fantasy.

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Energy and climate bills get hearings in Richmond

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photo credit: Amadeus

photo credit: Amadeus

This week Virginia’s General Assembly took action on a good many of the bills we are following. For a fuller description of the bills and information on how to access the bill language, refer to my previous posts. At the end I’ve also added comments on a few additional bills you may have read about.

Solar panels on their way to being redefined as pollution control equipment. SB 418 (Hanger) passed the Senate. HB 1239 (Hugo) passed a House Finance Subcommittee Thursday and is expected to pass the full committee next week. Following the subcommittee hearing, proponents agreed to add a 20-megawatt limitation on the size of projects that can qualify for the tax-free treatment. Obviously, this project size won’t stop any projects in Virginia, but the amendment satisfied the only opposition the bill had encountered, from the Virginia Municipal League.

HOA bans on solar may soon be a thing of the past. SB 222 (Petersen) passed the Senate unanimously and now moves the House. Petersen added an amendment sought by HOA interests that would preserve solar bans if they were included in the underlying deeds, as opposed to in HOA contracts. As no one knows of any deeds prohibiting solar, this seems to have removed the only opposition to the bill without actually limiting its effectiveness.

Investment tax credit/grant facing headwinds. HB 910 (Villanueva) was heard Friday morning in a 5-member subcommittee of House Finance, which voted to table the bill.  Usually this is fatal to a bill, but advocates who were there say in this case they do expect the bill to come before the full committee on Wednesday, and the tabling is a temporary measure while $10 million is found in the budget to cover the cost. The Senate companion bill, SB 653 (Norment) remains in Senate Finance and has not been heard yet. It has been converted to a $10 million grant in accordance with the committee’s policy to reject most new tax credits but consider grants instead.

Two RPS bills rendered almost meaningless (but they pass!), one killed unceremoniously. Both SB 498 (McEachin) and HB 822 (Lopez) originally would have made modest improvements to Virginia’s sad, toothless, voluntary, RPS. Facing utility opposition, the bills were made even more modest, amended down to consist of nothing more than 5-year “banking” limits on the length of time utilities can hold onto RECs. States with real RPS laws generally have 2-year limits. Virginia currently has no limit at all, which not-just-theoretically allows utilities to stock up on enough pre-world-war II, out-of-state hydro RECs to last through 2025. So any limit at all is an improvement. And the bills seem set to pass both chambers, so you should thank Dominion for its generosity in allowing this to happen.

Meanwhile, HB 1061, Delegate Surovell’s “Made in Virginia” bill, was killed in Thursday’s House energy subcommittee.

Efforts to expand net metering fail in the House, will be heard in Senate Monday. Solar advocates and industry members successfully beat back Dominion Power’s bid to hijack the multi-family net metering provisions of HB 879 (Yost) and HB 906 (Krupicka). Alas, Dominion got its revenge Thursday in the House Commerce & Labor energy subcommittee, where the Republican majority had clearly come prepared to kill the bills. The two bills, plus Delegate Surovell’s solar gardens bill, HB 1158, were tabled with little debate, though with dissenting votes from the subcommittee’s three Democrats.

(We interrupt this blogpost for an observation about the workings of the General Assembly, which you can skip if your interest extends only to the sausage and not the sausage-making. Sitting in the audience of the House energy subcommittee on Thursday, I couldn’t help noticing the three Democrats appeared to be entirely irrelevant. They were seated way off to one side by themselves, and took no part in any of the discussions during the three hours that I was there. Even their dissenting votes were cast by silent little waves of their hands. It is tough to be a Democrat in the House.)

Meanwhile over in the Senate, SB 350 (Edwards) is scheduled to be heard in Commerce & Labor on Monday afternoon. Like the House bills, the Senate bill as drafted addresses both multi-family and municipal net metering.

House energy subcommittee kills effort to add price stability to factors to be considered in new generation. HB 808 (Lopez) was tabled Thursday in the House energy subcommittee.

And don’t go considering the environment, either. HB 363 (Kory) was also killed in the House energy subcommittee Thursday.

On-bill financing effort fails for the year. HB 1001 (Yancey) was continued to 2015 at the request of the patron, a face-saving way to withdraw your bill when you find it really isn’t ready for prime time. The bill faced utility opposition, but also had flaws that the delegate wants to work on. “Continuing” it rather than withdrawing it signals that we can expect another effort next year.

Adding energy and water conservation projects to the powers of local service districts fails. HB 766 (Bulova) was tabled in a subcommittee of the House Counties, Cities and Towns committee.

Crowdfunding bills fail. Both HB 880 and SB 351 failed in committee.

All right, time for some good news.

Bill to impose a new gas plant on AEP fails. My understanding of HB 1224 turned out to be mistaken; AEP did not seek this legislation. Instead the proponent of a new gas plant in AEP territory is the would-be developer, which resorted to legislation when its efforts to sell the utility on its proposal failed. Following a far more spirited and extensive debate than was afforded to far better bills, HB 1224 failed to get a vote to move it out of the House energy subcommittee.

Hampton Roads “recurrent flooding” study passes Senate, moving through House. SJ3 passed the Senate, while HJ16 was reported from House Rules subcommittee with an amendment shrinking the size of the commission doing the study. Still no mention of why recurrent flooding is happening.

Some protections from fracking pass Senate Ag. SB 48 (Stuart) passed the Senate Agriculture committee unanimously. The bill provides some protections for drinking water from impacts related to oil or gas operations proposed in Tidewater Virginia. I haven’t analyzed this bill; for more information, contact the Southern Environmental Law Center, which supports the bill.

Attempts to nullify federal law (said to) fail. I’m told Bob Marshall’s HB 140 and HB 155 both died in a subcommittee of House Privileges and Elections, although the website still shows them in committee. Possibly they simply failed to gain a vote, which is one way bills die.

Saner heads prevail (mostly) on anti-EPA bills. SB 615 (Carrico), the “Carbon Dioxide Emission Control Plan” designed to ensure the continuation of carbon dioxide emissions, was in trouble even before Democrats took control of the Senate. The senator changed the bill to conform it to HB 1261 (Chafin), which called for a study with the same purpose. Under pressure from the governor’s office, the bill was amended to study not just the costs to industry and ratepayers of complying with EPA regulations, but also the benefits. In Senate Ag Thursday, still facing heavy opposition to the bill from the environmental community, Carrico accepted an amendment from Chap Petersen that took out the worst remaining provision, one that would have restricted the state from proposing any standards more stringent than the EPA required. The bill then passed unanimously. Later in the afternoon, HB 1261 was conformed to the amended language of SB 615 and passed handily. The bill remains weighted towards findings favorable to the fossil fuel industry, but it is hugely better than it was.

But lest we feel progress is being made in Virginia . . .

Dominion’s rate boondoggle shows excellent prospects. Really, you have to admire the way Dominion Power pushes through bills it wants and kills the ones it doesn’t. Dominion is the single biggest contributor to Virginia’s politicians, after the Republican and Democratic parties, and the company gets its money’s worth. But it’s not just the way it kills smart energy policies that impresses.

Take HB 1059 (Kilgore), which would allow—nay, require!—Dominion to begin charging customers for $570 million it has spent towards a new nuclear plant, plus a couple million towards offshore wind, money it would ordinarily recover only when the projects are built.

Stephen Haner, a lobbyist for Newport News Shipbuilding, delivered a valiant and spirited defense of ratepayers in opposing the bill during the meeting of Thursday’s House subcommittee on energy. The real reason for the bill, he explained, is to prevent Dominion from having to give its customers hundreds of millions of dollars in rebates as a result of having earned too much money these past two years. Two years of over-earning would also lead to a reduction in rates for consumers going forward, threatening the bottom line still further. Dominion has figured out it can avoid that result by adding the money spent on nuclear to the balance sheet, thereby canceling out that pesky excess revenue and avoiding a rate decrease. For more on this, see the article in the Richmond Times-Dispatch.

Separate bills in the Senate–one for nuclear, one for wind—also empower the boondoggle. SB 643, the offshore wind bill, remains in Senate Commerce and Labor and is not on the docket yet. But the nuclear bill, SB 459, has already passed the Senate unanimously, a testament to Dominion’s charm if there ever was one. In addition to requiring our utility monopoly to charge us for its costs in planning and developing a new nuclear facility, it states as a matter of law that this development is in the public interest. Really, guys? How do you think the public would vote?

Science “education.” Last, I bring you a dispatch from guest blogger Seth Heald, who has been following Delegate Dickie Bell’s anti-science bill. Seth attended the House education subcommittee on Thursday. He reports:

HB 207 science education bill referred to Courts Committee. The bill purports to encourage open discussion and “critical thinking” as to purported “scientific controversies.” Last week the Hampton Daily Press and Washington Post nicely described the anti-science creationist and climate-denial history of the bill’s statutory language here and here. More detail is on the National Center for Science Education website. The bill came before the House Subcommittee on Elementary and Secondary Education on January 30, where Rita Dunaway of the Virginia Christian Alliance was the sole member of the public speaking in favor of it. Ten or so people spoke in opposition to the bill, including representatives of teacher and education groups, the Sierra Club, and the Jewish Community Relations Council. At week’s end WRIC TV in Richmond reported that the bill’s sponsor, Delegate Dickie Bell, said he introduced HB 207 after being “approached by” the Virginia Christian Alliance. The subcommittee approved Delegate Peter Farrell’s motion to refer the bill to the Courts of Justice Committee to consider its constitutionality.  Delegate Bell’s hometown newspaper, The Staunton News Leader, opined in a Feb 1 editorial titled “Bell introduces an unnecessary bill” that HB 207 is “unworthy of legislative attention.” The paper noted that Bell “has been down this road before, sponsoring other controversial bills drafted by ultraconservatives.”

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Dominion’s plan to hijack community net metering

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Want to quadruple the potential market for solar in Virginia? The answer is to open up the benefits of solar ownership to renters, people with shaded roofs, and others who can’t install solar panels on their own property. Several legislators have been working with the solar industry to take a step in that direction this year. Senator Edwards (SB 350) and Delegates Krupicka (HB 906) and Yost (HB 879) introduced bills that would allow residents of multi-family housing communities like condominiums to band together to purchase a solar system, with all the participants able to claim a credit on their utility bills for their share of the energy generated.

Virginia’s utilities don’t want to see this happen. When people install solar systems, they buy less power from their utility, which otherwise has a monopoly on the generation and sale of electricity.

Now Dominion Virginia Power thinks it has figured out a way to hijack the bills. It proposes to scrap the community net metering language that’s in there now and substitute language that would give the utility the exclusive right to build and own community systems and sell the power to the customers.

Is this still progress? Regrettably, no, and for three reasons:

monopolistIt’s anticompetitive and anti-free market. With a monopoly on the systems, Dominion will also control price. Customers won’t be able to go elsewhere to get a better deal. If Dominion sets the price unacceptably high or imposes terms that turn off customers, we may see no community systems installed at all.

The original proposal for multi-family net metering provides customer choice and allows market forces to determine prices. It’s a better deal for customers.

Virginia solar companies will be left out in the cold. Virginia solar companies tell me the utility hired out-of-state companies for the few solar projects it has installed so far under its Solar Partnership Program. (This is hard to verify because Dominion won’t share the information.)

The original bill language would create new opportunities for Virginia solar companies. It’s a better deal for business.

The changes suggested by Dominion would allow it to engage in self-dealing at the expense of Green Power Program customers. Dominion could set the price of solar at whatever it wants, but that wouldn’t be its only income stream. It would also generate renewable energy certificates (RECs), which it would own and could sell for additional revenue. (The customers would just be buying electricity from Dominion, not the “attributes” that allow them to say they are using solar energy. For that, they would have to also buy the RECs.)

Dominion could sell these RECs to a utility in a state like Pennsylvania, which has a mandatory renewable portfolio system that creates a market for RECs. But that market has been pretty weak lately. So more likely, Dominion’s plan is to sell the RECs to the chumps over at the voluntary Green Power Program, at a higher-than-market price. After all, Dominion operates the Green Power Program, and the State Corporation Commission has already blessed this self-dealing once.

By contrast, under the original bill language, the customers would be the owners of their solar system and thus the owners of the RECs. They could sell the RECs to reduce their costs, or retire (keep) them so they are truly running their homes on solar power.

To protect both the system owners and the Green Power customers, any bill allowing Dominion to own a community solar system would have to require the RECs to be applied to the utility’s goals under Virginia’s RPS, and not sold on the voluntary market. Yet I predict this protection would provoke howls of protest from Dominion.

Is there anything to be done? Well, legislators shouldn’t let Dominion hijack community net metering. But that doesn’t mean there’s no role in this market for the utility, if it’s willing to play fair. That means competing with Virginia solar companies, not shutting them out.

Heck, customers have been clamoring for years for Dominion to sell us solar power. It could do that so easily by building a utility-scale project on a brownfield somewhere and offering customers a straightforward solar tariff. When we see that happen, we will know the company is serious about solar. Its attempt to hijack these net metering bills just proves it’s not.

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Time to get serious about offshore wind

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Photo credit: Phil Holman

Photo credit: Phil Holman

A version of this article originally appeared in the Hampton Roads Virginian-Pilot on Sunday, December 15.

No doubt about it, Virginia is for lovers of offshore wind. It’s hugely popular with the public, and Virginia legislators passed a near-unanimous resolution in its favor. Governor McDonnell talked it up, and even tossed it some bucks. Governor-elect McAuliffe is such a fan that he made television commercials about it way back in 2009.

But all that love won’t get us turbines in the water unless Dominion Virginia Power decides to build them. Dominion is the key player after winning the exclusive right to develop the federal lease area 25 miles off Virginia Beach. The company has five years to study the area and come up with a construction and operations plan—or not. Right now the company is being coy about whether it will move forward come 2018.

Alas, Virginia, getting offshore wind turbines is going to take more than sweet talk: we have to start laying the groundwork now for that trip down the aisle. So here’s a to-do list to help get us there.

Governor McAuliffe should declare offshore wind a priority from the day he takes office. Only two test turbines are likely to be spinning before the end of his term, but he can make it clear he expects Dominion to meet all of the milestones in its federal lease, ensuring the next governor presides over the big buildout.

The governor and the General Assembly can also prove their ardor by funding ocean studies that have to be conducted before construction starts. The developer of Rhode Island’s wind energy area, Deepwater Wind, expects to have its turbines spinning only five years from now thanks to state-sponsored ocean studies that, Deepwater says, translated into a three-year head start. It’s an approach Virginia should emulate. The public will pay for these studies one way or another—either as taxpayers or as ratepayers—and footing the bill now will help us make up time.

The governor can also direct an analysis of workforce and port readiness so we begin to train workers and put in place the infrastructure needed for this huge new industry.

Of course, creating a skilled workforce is hard to do with no wind projects now in Virginia. Building land-based wind here would support the growth of the workforce and the supply chain, and give everyone experience with wind energy here. One project might be the wind farm proposed by Iberdrola in northeastern North Carolina, within commuting distance of Hampton Roads workers. Dominion turned down the chance to buy energy from the project a few years ago, and it hasn’t been built. The General Assembly could turn that around with legislation to require our investor-owned utilities to incorporate wind power into their energy mix.

Why support a project in North Carolina? The simple fact is that offshore wind is too big an industry for any one state to go it alone. Creating scale and keeping costs down demands a regional approach. Cooperation means both states win. In addition to North Carolina, the governor should partner with Maryland and Delaware, which also have federally-designated wind energy areas off their coasts.

Regulators, and the public, also need to see an analysis of what impact this energy will have on our electric bills. Harder to quantify, but just as important, is a full understanding of offshore wind’s benefits. Such a study might begin with a survey to identify those Virginia companies that could participate in the supply chain, what new businesses and jobs the state might attract, and how the economically distressed regions of the state can best participate.

When the time comes, the State Corporation Commission will have to do its part by approving both the two test turbines and, later, the full wind farm. The legislature can help by declaring an offshore wind farm in the public interest—a short step beyond its earlier resolution, but one with actual weight.

Virginia offshore wind may still seem to be off in the future, but now is the time for the incoming McAuliffe Administration and the General Assembly to prove their love. Otherwise, Virginia just might get left at the altar.