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The bills are back in town

Legislators cue up last year’s vetoed legislation for a new session, but leave us wanting more

Last spring Gov. Glenn Youngkin vetoed more energy bills than he signed, killing legislation designed to increase rooftop solar and energy storage, strengthen utility planning requirements, and make efficiency improvements more available to low-income residents. 

Now, with Abigail Spanberger set to replace Youngkin in the Governor’s Mansion and Democrats in a position of legislative strength, those bills are back.

Members of the Commission on Electric Utility Regulation (CEUR) met several times this fall to examine last year’s failed energy bills to determine which should get the commission’s endorsement this year. CEUR is comprised primarily of legislative leaders from the Senate and House committees that hear energy bills, so endorsements signal a strong likelihood of passage. 

But while the bills CEUR endorsed show promise, I can’t help thinking they had better be just a starting point.  

Energy affordability and making data centers pay their fair share are supposed to be the top objectives for legislators this year. That makes it interesting, and concerning, that even as CEUR went beyond the vetoed bills to endorse some small new initiatives, it didn’t propose any legislation that would either supercharge generation in Virginia or put the onus on the tech companies to solve their supply problem themselves.  

We know bills like that are coming. Ann Bennett, the lead author of the Sierra Club’s comprehensive report on the state of the industry in Virginia, was, I hope, being hyperbolic when she told me she expects “a hundred” data center bills this session. Regardless, there will be a lot of them. 

Many will be land use bills that don’t go to the energy committees, but others will tackle the central contradiction at the heart of Virginia’s data center buildout: our leaders want the industry to grow, but haven’t faced squarely the problem of where the energy will come from. 

Getting more power on the grid (or freeing up capacity)

Some of the vetoed bills returning this year will put more energy on the grid. They won’t be enough to power the data center industry, but every bit helps. This includes one of the environmental communities’ top priorities, a bill that expands the role of rooftop solar in Virginia’s renewable portfolio standard (RPS). 

A new bill permitting balcony solar also got CEUR’s endorsement. Balcony solar – two or three panels that plug into a wall outlet, reducing a resident’s need to buy power – is the buzziest new idea of the year. The systems are too small to make much of a difference in megawatt terms, but by democratizing access to solar they counter the reputation of solar as a technology for rich people and will make it possible for solar skeptics to see for themselves that solar does actually work and save money.

Another CEUR initiative is a bill similar to one Youngkin vetoed that creates a carveout in the state’s renewable portfolio standard specifically for geothermal heat pumps. Like balcony solar, geothermal heat pumps don’t put electricity onto the grid, but by freeing up power for other customers it has the same effect.

 CEUR also endorsed a bill to simplify billing in the shared solar program in Appalachian Power Company’s territory, but a far more significant proposal to greatly expand shared solar in Dominion territory was deemed not ready for consideration after one of its patrons, Del. Rip Sullivan, D-Fairfax, said it was still in negotiation.  

The SCC recently directed a change in the calculation of Dominion Energy’s minimum bill that industry advocates say should make the program workable for customers beyond the low-income residents who were the only ones formerly able to access it. As currently drafted, the bill would allow shared solar to increase up to a maximum of 6% of Dominion’s peak load. That gives this bill the potential to make a meaningful dent in Virginia’s energy shortfall – if Dominion doesn’t block it. 

That assumes developers can get the community solar projects permitted at the local level. 

Virginia localities are notorious for denying permits to solar projects of all sizes, a recalcitrance that has contributed to Virginia having to import fully half of the electricity consumed in the state. CEUR has now scrapped last year’s big idea of allowing solar developers to appeal local government permit denials to the SCC, after failing to persuade enough legislators to vote for it last year. All that is left of that bill is a piece that establishes a university consortium to provide research and technical assistance. 

Luckily, last year’s other major solar siting bill lives on; it codifies best practices for solar projects without removing localities’ ability to deny permits even for projects that meet the high standards. New this year, however, is a requirement that localities provide a record of their decisions to the SCC, including the reason for any adverse decision. 

It’s not the solution the industry and landowners need to bring predictability to the local permitting process, but it does ratchet up pressure on county boards that have a habit of denying projects without articulating a legitimate reason. And sure enough, imposing that modest amount of accountability was enough to get Joe Lerch from the Virginia Association of Counties to speak against the proposal at the CEUR meeting. 

VACO seems likely to lose the fight this time around, and it should. Blocking solar development leads directly to higher electricity prices for consumers across the state. Moreover, it denies even a minimum of due process to landowners who want to install solar on their property – including farmers who need the income just to hold onto their land. For VACO to insist on counties having carte blanche to reject projects, with no responsibility to justify their decision, is arrogant and an abuse of the local prerogative.

Making the most of what’s already there

Anyone who keeps up with energy news has learned more in the past year about how the grid works than most of us ever wanted to know. There is widespread agreement that grid operator PJM has mismanaged its job, keeping new low-cost generation from interconnecting and driving up utility bills for customers across the region. Unfortunately, there is little that Virginia can do by itself to fix PJM.

But one key bit of information we can use is that utilities and the grid operator build infrastructure to meet the highest levels of demand on the hottest afternoons and coldest nights of the year, leaving much of that infrastructure sitting idle at other times. A recent study showed the grid could absorb far more data center demand than it can now if it weren’t for the 5% of the time when demand is at its highest. 

The issue is framed in terms of data centers being willing to curtail operations at times of peak demand, a solution for the companies that can do it. But there is also a broader point: we don’t need as much new generation if we use what we have better. 

That’s the principle behind several bills that CEUR endorsed. The most significant of these is a bill vetoed by Youngkin last year that almost doubles the targets for short-term energy storage laid out in the Virginia Clean Economy Act and adds targets for long-duration energy storage. As currently drafted, the 2026 version also adds new fire safety standards.

But CEUR did not discuss another obvious approach to increasing storage capacity on the grid: requiring data centers to have storage on-site, replacing highly-polluting diesel generators for at least the first couple of hours of a power outage and using spare battery capacity to assist the grid at other times. If Virginia is going to keep adding data centers at the current rate, this simply has to be part of the plan. We need far more storage than the CEUR bill calls for, and tech companies, not ratepayers, should bear the cost.

CEUR’s utility reform proposals would also help Virginia’s grid get the most out of what we already have. A bill to improve the integrated resource planning process (again, vetoed by Youngkin) requires utilities to consider surplus interconnection service projects to maximize existing transmission capacity. 

CEUR also proposes to have the SCC create a workgroup to study load flexibility. Though the SCC is already doing this through its technical conferences, the proposed legislation would formalize the process and task the work group with making recommendations.

And if all else fails, under another CEUR initiative, utilities would be explicitly allowed to delay service to new customers with more than 90 MW of demand if there wasn’t the generation or transmission available to serve them, or to protect grid reliability. As a fail-safe this is both obvious and inadequate; if a utility doesn’t have that authority now, it certainly needs it — but it needs it for a customer of any size.

Helping low-income residents save money 

CEUR endorsed several proposals that could help residents save money on energy bills. Some, like shared solar, balcony solar, geothermal heat pumps and the distributed solar expansion bill, would benefit anyone willing to make the investment. 

For low-income residents, weatherization and efficiency upgrades remain the focus. Last year the governor vetoed legislation from Del. Mark Sickles, D-Fairfax and Sen. Lamont Bagby, D-Henrico, which would have required Dominion and APCo to expand their low-income weatherization assistance to reach 30% of qualifying customers.  Sickles has already reintroduced his bill as HB2. CEUR endorsed a different recommendation from staff that the two utilities be required to extend their spending on energy assistance and weatherization programs. 

CEUR did not examine a related bill that has been reintroduced this year following a Youngkin veto last winter, establishing an income-qualified energy efficiency and weatherization task force to produce policy recommendations to ensure repairs and retrofits reach all eligible households. 

However, CEUR endorsed a bill that will require all utilities to disclose to the SCC information about electric utility disconnections, which presumably will inform the work of the task force.  

We’re going to need more

Even taken together, CEUR’s initiatives don’t fully address the biggest energy crunch Virginia has ever faced, and the rising utility bills that result. Possibly that is intentional; Democrats will continue to control the governor’s seat as well as the legislature for at least two years, giving them time to ramp up programs and see what works.

But data center development is so far outstripping supply side solutions that if legislators aren’t more aggressive this year, next year they will find themselves further behind than ever.  

As more bills are filed over the coming weeks, we are likely to see plenty of bold proposals. Hopefully, legislators now understand the urgency, and will be ready to act.

An earlier version of this article appeared in the Virginia Mercury on December 15, 2025. It has been edited to include the last two bills in the section titled “Making the most of what’s already there.”

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How Gov. Spanberger and a Democratic majority can make energy more affordable

An aggressive legislative agenda this year will demonstrate national leadership on managing the data center buildout while delivering climate, health and economic benefits to all Virginians

Solar on schools and other public buildings reduce pressure on the grid while saving money for taxpayers. Photo courtesy of Secure Solar Futures LLC

If Virginia’s election last month was more than an unleashing of anti-Trump sentiment (and it definitely was that), it was about affordability. Governor-elect Abigail Spanberger made the cost of living the focus of her campaign, frequently mentioning high energy bills. House Democrats, whose majority has been boosted by the addition of 13 new members of their party, are also expected to focus on these bread-and-butter issues. 

In Virginia, the cause of these high bills is not hard to identify: Data centers are driving up demand well beyond the available supply, and high fossil fuel prices are pinching a state that relies on natural gas for most of its electricity. Spanberger has committed to making data centers “pay their fair share,” and both she and legislators will be looking for other opportunities to lower costs.

The bad news is that adding ever more data centers across Virginia means the upward pressure on electricity prices will continue. If the governor and legislators don’t want to kick tech companies to states with spare capacity, and if the administration of President Donald Trump continues to throttle the energy supply with its war on wind and solar, lowering energy costs in the near term likely isn’t possible. 

Even so, there is a lot that Spanberger and the General Assembly can do to protect residential consumers from these higher prices. 

Making data centers pay their fair share means more than tweaking rate structures. Several Virginia utilities have created special rate classes for large load users like data centers. The utilities will require data center operators to sign long-term contracts committing them to paying for a large percentage of the electricity and transmission they say they need, even if they don’t end up using that much or leave the Virginia market prematurely. 

These new tariffs can help protect other customers from some – though not all – of the risk involved in serving data centers, but they don’t address the “fair share” issue. The current allocation of transmission costs, with residential ratepayers picking up most of the tab for new lines that don’t benefit them, needs to change. If the SCC determines it doesn’t have authority to do that on its own, the General Assembly and Spanberger should pass legislation to make it happen. 

The harder problem is how to make residents whole for rate increases that result from data centers gobbling up all available power. The supply and demand problem has been compounded by a lot of bad decisions, with plenty of blame to go around. The federal government has driven up fossil fuel prices by allowing the export of increasing amounts of natural gas, while hindering and even blocking solar and offshore wind projects that could make up the deficit. 

Outgoing Gov. Glenn Youngkin is to blame for illegally pulling Virginia out of the Regional Greenhouse Gas Initiative (RGGI), removing the market incentive for Virginia utilities to increase investments in low-cost renewable energy instead of burning expensive fossil fuels. (His promotion of the false narrative that gas is “cheap” doesn’t help.) 

Virginia utilities share the blame for relying too much on natural gas and high-priced electricity imported from other PJM states. And grid operator PJM is to blame for failing to approve enough new generation, including wind and solar facilities that make up the vast majority of projects waiting for approval to interconnect.

This history leaves Spanberger with a fine mess. Keeping prices in check now requires two things that can actually be accomplished during the next four years: a greater buildout of solar generation and energy storage to get more capacity on the grid; and investments in energy efficiency and rooftop solar to take pressure off the demand side.    

Solve utility solar siting with agrivoltaics. Virginia needs more energy, and solar is the only source that can be built quickly. Yet one of the knottiest problems confronting the General Assembly in the past few years has been the rise of anti-solar sentiment in rural counties. 

Landowners who want to lease their property for solar, or even to install arrays for their own use, find themselves stymied by opposition from neighbors who don’t like the look and are able to persuade county boards to deny permits. As we’ve seen, sometimes denial of a solar permit even follows approval of an energy-sucking data center.

Last year the General Assembly came close to passing a bill that would require solar developers to implement industry best practices. Passing legislation like that this year will address the legitimate concerns of localities around controlling erosion and maintaining native plant buffers. But more can be done to make solar look and function like a normal part of Virginia’s agricultural economy.

Already, solar facilities have become integrated with agriculture, as sheep and sometimes cattle take over vegetation management and farmers learn which crops do well growing between rows of solar arrays. It’s a trend that offers benefits to the land and the community alike. Farmers are struggling; solar can provide a stable income while protecting land from permanent development and putting much-needed energy on the grid. 

Businesses are ahead of public policy on this. Virginia-based Gray’s Lambscaping manages vegetation with over 800 sheep at solar farms across the state, and the company plans to grow to over 5,000 sheep by the end of this year. Meanwhile, solar panels have proven compatible with a wide range of food crops.  

Virginia should take a leading role in expanding agrivoltaics. Virginia law already recognizes the right to farm as an exception to localities’ authority over land use decisions, and this should be extended to farmers who put solar on their land, as long as they are also using the same land for traditional agricultural practices like grazing and crops. 

Install solar on new public buildings and schools. Heck, put it everywhere.  In the past ten years or so, Virginia’s commercial solar sector has blossomed while saving taxpayers money. To date, an estimated 150 Virginia schools have installed solar panels, saving schools about 25% on their energy bills. Solar on every sunny school rooftop would add up to more than 1,000 MW of carbon-free generation. Extend the effort to the roofs of all suitable public buildings across the state, and that number can go much higher. 

Dominion and APCo have long tried to squelch competition from rooftop solar, a war that looks increasingly foolish as Virginia finds itself short on energy for all customers. Earlier this year Congress drastically accelerated the phase-out of solar tax incentives, but the savings remain available for commercial and utility-scale projects for the next two years. There is no shortage of good ideas out there to be acted upon. Spanberger and legislators should take full advantage of that opportunity to install as much solar as possible. 

Battery storage at data centers does triple duty. While solar is the cheapest, cleanest, and fastest way to generate power, it needs batteries or other forms of energy storage to make it into a 24/7 resource, and storage remains relatively expensive. For tech companies, however, the calculus makes more sense.

Data centers need backup power anyway; they typically have three layers of redundancy so that they never risk losing power when the grid goes down. Today the backup power is mostly provided by massive diesel generators, sometimes three times as many as they might actually need. Most of these have no pollution controls and are therefore not supposed to run except in emergencies and for testing and maintenance. That’s sill a lot of run time — and DEQ is proposing to make matters worse by expanding the definition of “emergency” to include scheduled outages.

Some tech companies are now installing generators with selective catalytic converters that produce fewer emissions. The catch is that these can legally be used in non-emergency situations, raising the possibility that they might be used for demand-response or peak shaving. In effect, data centers would be solving the peak demand problem with one of the dirtiest forms of energy. The cumulative effect on air quality could be worrisome, and Virginia’s carbon footprint would grow at a time when the law says it should be shrinking. 

What if, instead of diesel generators, data centers installed storage as their first line of defense against power outages, leaving diesel generators to be used only in the rare case of extended grid outages? Air quality would benefit, carbon emissions would decrease, and the data centers would have the backup power they need. The tech companies would pay more upfront but could be compensated by utilities for using their storage capability for grid services and demand response, lowering their draw from the grid at peak demand times. 

All the data centers in Virginia today use 6 gigawatts of power. That much storage would exceed the targets set in the VCEA for Dominion and APCo combined.  Even limiting the requirement to two hours of storage at new data centers would bring enough storage online quickly to eliminate the expensive demand peaks that drive the high price of energy.  

Require data center operators to source their own zero-carbon electricity. Most of the tech companies have sustainability commitments that they aren’t meeting, so it isn’t asking too much of them to put them in charge of this effort. Legislation to require this as a condition of accepting Virginia’s generous tax subsidies has been defeated for the past two years. The difference this year is that rising energy prices are now affecting everyone. 

Under this proposal, the zero-carbon electricity doesn’t have to come from Virginia, as long as it is available to customers here. Maybe the tech companies could even tap into their considerable influence with the Trump administration to make electricity more plentiful and affordable by reversing its war on solar and wind energy.

Why, after all, should Virginia residents sacrifice for the richest corporations in the world? If “paying their fair share” means anything, it should mean that data centers, not residents, bear the costs of making enough energy available to Virginia, and complying with our clean energy mandate.

Lower demand with energy efficiency and distributed solar. The gap between energy supply and demand does not have to be filled entirely through supply-side solutions. Lowering demand should also be part of the solution. Virginia utilities, Dominion in particular, have done a poor job of running energy efficiency programs. Looking on the bright side, though, that means plenty of opportunities remain.

House Democrats have already started work on this issue, with a focus on lowering winter heating costs for lower-income households. As reported in the Mercury last week, HB 2, from Farifax Del. Mark Sickles, requires Dominion and APCo to make their “best, reasonable efforts” to provide energy efficiency and weatherization to 30% of income-qualified customers by the end of 2031. HB 3, from  Del. Destiny Levere Bolling, D-Henrico, sets up a task force to study income-qualified energy efficiency and weatherization.  

These steps are okay for starters, and they would be juiced by the influx of money from RGGI carbon auctions (see next section), earmarked for low-income energy efficiency. But Dominion has repeatedly failed to meet the energy efficiency targets the legislature sets for it, and after all, why stop with 30% of low-income customers when all households could benefit from more comprehensive programs? Virginia can do much better.  

My last column discussed Rewiring America’s proposal to have tech companies pay for heat pumps, solar and batteries in the residential sector, saving money for households and freeing up capacity for data centers to come online sooner. An independent provider could run the program and verify the energy savings.  

(If the tech companies complain that an awful lot of the solutions I’m proposing come at their expense, it’s true. But the industry benefits from a state tax subsidy that has reached nearly a billion dollars per year, and will only grow further as the number of data centers doubles and triples. They can afford to give back.) 

Use RGGI for long-term affordability. Gov.-elect Spanberger has committed to seeing Virginia rejoin the Regional Greenhouse Gas Initiative (RGGI), the compact of northeastern states working to lower carbon emissions by 30% by 2030. RGGI works by requiring owners of carbon-emitting generating plants to buy carbon allowances at auction, penalizing carbon-intensive generation and rewarding investments in zero-carbon facilities like wind, solar and nuclear. States collect the auction proceeds, which in Virginia are dedicated to low-income energy efficiency and climate adaptation measures.

Republicans have already renewed their attacks on RGGI, calling it a tax on energy consumers. To the extent that’s true, it’s a tax mostly paid by the largest consumers (including data centers) for the benefit of low-income residents and people most vulnerable to storms and sea level rise. Moreover, all energy consumers benefit over the longer term as low-cost clean energy increasingly replaces expensive fossil fuels. 

Beef up efficiency standards in the residential building code. Most people who buy a new home assume that modern building codes incorporate the latest standards for insulation and efficient technology. In Virginia, they do not. Buyers would be dismayed to learn that their homes are costing them more on their utility bills than they saved on a purchase price supposedly made more affordable by poorer-quality insulation and appliances. Buyers are rarely consulted on these trade-offs, and few have the expertise to question a builder’s choices. Building codes are supposed to do that job.

Unfortunately, Virginia’s Board of Housing and Community Development, which writes the code, is dominated by the homebuilding industry. The industry wants to build homes as cheaply as possible to ensure the highest profit possible on the homes it sells. Even as national model code standards have become more rigorous, homebuilders have protected their own interests by keeping weak energy efficiency requirements in Virginia’s residential building code. 

In 2021, Virginia adopted legislation requiring the board to consider and adopt energy standards “at least as stringent as” the latest national model code standards when the benefits over time to residents and the public exceed the incremental costs of construction. But the board simply didn’t do it. Will this be the year legislators realize that a board dominated by the industry it regulates won’t act in the public interest without explicit directions? 

This is Virginia’s moment. Since the passage of the Virginia Clean Economy Act in 2020, renewable energy and storage have only gotten cheaper, while energy efficiency opportunities remain plentiful. Coal has solidified its place as the most expensive baseload source, and fossil gas remains stubbornly expensive compared to solar. Spanberger and the Democratic majority have an opening this year to go big on clean energy. An aggressive legislative agenda this year will demonstrate national leadership on managing the data center buildout while delivering climate, health and economic benefits to all Virginians.  

This column was originally published in the Virginia Mercury on December3, 2025.

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How Trump’s deal with Big Oil is raising your energy bills

smokestack
Photo credit Stiller Beobachter

There is a principle in law that says someone intends the natural result of their actions. You cannot throw me out a window and say you didn’t mean for me to get hurt. 

By the same principle, if you block new solar and wind generation, you can’t say you didn’t intend to throttle energy production. 

President Trump has made it clear he wants to kill wind and solar, and his appointees have followed through. The Department of Interior is refusing leases and permits to wind and solar projects, even as it moves ahead on lease sales for oil and gas drilling.

Interior even issued a stop-work order on an offshore wind farm that is 80% complete. The project was on track to supply enough energy for 350,000 homes in Rhode Island and Connecticut, until the Trump administration stepped in. A judge later lifted the order, but not before the company building the project saw its share price drop to a record low

Reducing the amount of low-cost, clean electricity developers can add to the grid will have an enormous impact. Clean energy is so much less expensive and faster to build than fossils fuels that renewable energy and batteries made up over 90% of the energy capacity added in the U.S. last year. 

It’s fortunate for consumers that Trump won’t be able to stop all wind and solar projects, because the small number of fossil fuel plants under development won’t fill the gap. It takes years to develop a new gas plant, and gas turbines face an order backlog of up to 7 years.

The shortfall in new generation is happening at a time when the use of electricity is surging, mainly due to demand from data centers. Other customers, including ordinary residents, now have to compete with data centers for increasingly expensive electricity. Rates are going up as a result, and grid operators warn we may soon face power shortages

Trump’s only concession to the power crunch is to order a few fossil fuel plants to stay open that their owners had planned to close for economic reasons. Ordering an uneconomic plant to stay open means someone loses money. Trump hasn’t offered federal dollars to pay the difference. The utilities that own the plants will pass the cost on to consumers.

If throttling energy production and raising energy costs is the natural result of Trump’s actions, it’s reasonable to assume that’s his intent. So many experts have pointed out the damage his policy will do that the alternative explanation – that the president is deluded and foolishly thinks his actions will somehow result in more energy production and lower costs – doesn’t hold up.

But why would the president deliberately hamstring American energy production and raise electricity costs for consumers? 

Because that’s the deal he made with oil and gas industry leaders at a closed-door fundraiser at Mar-a-Lago last year, in exchange for the more than $200 million the industry spent to get him elected. Actually, Trump asked for a billion dollars, and in return promised to dismantle environmental regulations, go after the wind industry and scrap President Biden’s policies promoting electric vehicles. 

At a later fundraiser, he also promised to approve new natural gas exports, in spite of warnings from critics that these exports would drive U.S. prices higher – which is exactly what happened.

Promises made, promises kept, as Trump’s fans like to say. Trump’s appointees have gutted environmental protections and done their best to keep wind and solar off the grid. Most people know the “One Big Beautiful Bill” revoked tax incentives for homes and businesses to install solar; less widely reported is that it included $18 billion in tax incentives for the oil and gas industry and lowered the amounts the industry must pay to lease federal lands for drilling, among other rewards. 

Less renewable energy and higher prices means more market share and higher profits for fossil fuels. The natural result is that the American consumer will have to pay through the nose for energy. 

Too bad, folks, but that was the deal.

This article was originally published in the Richmond Times-Dispatch on September 30, 2025.

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Five things every Virginia candidate (and voter!) should know about energy

What lights up your life? Photo by Pixabay on Pexels.com

Running for office requires candidates to know about topics they might never have given much thought to. Most Virginia campaigns are won or lost on hot-button issues like taxes, education, reproductive rights, guns and gay marriage, so everyone who runs for office has a position on these questions. This holds true for candidates in this year’s high-stakes races for the state’s executive branch and all 100 House of Delegates seats. 

Inevitably, though, there are topics the average candidate doesn’t completely grasp. Some are narrow and – thankfully – nonpartisan. Where do you stand on Sunday hunting? Should I-81 have more lanes? How do you feel about skill games? Will you vote to save the menhaden, whatever a menhaden is? (It’s a fish, and I encourage you to say yes.)

Other topics affect the lives of every Virginian, but they are, frankly, complicated. One of these is energy. Not only is it hard to get up to speed on energy issues, but technology is changing so rapidly that keeping abreast of developments would be a full-time job. Who would spend that kind of time on such a dreary topic?

Uh, that would be me. 

So here we go: I’m going to cover five things political hopefuls need to know about energy in Virginia before you get to the General Assembly and start passing laws that affect your constituents’ wallets and futures. And for voters, these are things you should ask candidates about before they earn your vote. 

First up:

If you are going to talk about energy, you have to talk about data centers

By now you surely know that Virginia has embraced the most energy-intensive industry to come along since the steam engine launched the Industrial Revolution. Northern Virginia hosts the world’s largest concentration of data centers, which already consume an estimated 25% of the state’s electricity, with massively more development planned. The reason isn’t vacation photos or Instagram cat videos; it’s the competition to develop artificial intelligence (AI).  

After putting tax incentives in place to attract the industry 15 years ago, the General Assembly and the current governor have rejected all attempts to put guardrails on development or make data centers more energy efficient. The subsidies now cost taxpayers a billion dollars per year (and counting). Virginia asks for almost nothing in return. 

Under the best of circumstances, the skyrocketing demand for electricity would put upward pressure on energy prices. But our situation is even worse: Virginia already imports about half our electricity from other states, and the regional grid that we’re part of faces its own energy crunch. 

Grid manager PJM has been so slow to approve new generation that governors from member states, including Virginia Gov. Glenn Youngkin, wrote a letter taking PJM to task and urging it to move faster. But the damage has been done. Supply is tight, electricity prices have risen, and prices will continue to rise unless and until supply catches up.

PJM has decided to fast-track new high-cost, gas-fired generating plants ahead of the cheaper renewable energy projects that make up 95% of the queue. It’s a much-criticized move and seems more likely to increase costs. Once built, fossil gas plants burn a fuel that has doubled in price just over the past year, threatening a repeat of the post-pandemic price surge that Virginia ratepayers are still paying for. And there is no relief in sight, with utilities now having to compete with a doubling of U.S. natural gas exports.

Short of unleashing all the renewable energy stuck in the queue, there is no easy way to protect Virginia residents from higher electricity costs. Dominion Energy, Appalachian Power, and at least one of the electric cooperatives have proposed special rate classes for large-load customers, but that would shield residents from only some of the costs of serving the data centers. 

Utility bills are going up. Dominion Energy is seeking hefty rate increases that would push up residential bills by an average of more than $10 per month in base rates plus almost $11 per month in fuel costs, primarily due to those higher natural gas prices. Coal-heavy APCo has seen even steeper rate increases in the past few years.

Virginia needs new legislation ensuring data centers bear the full expense and risks of serving Big Tech, and they should be required to source their own clean energy. Localities, meanwhile, must be required to evaluate the costs to all Virginians before they issue permits to data centers, including considerations like where the energy will come from, water impacts, and the siting of transmission lines.  

You can’t get from here to there without solar

Virginia wasn’t producing all of its own energy even before the data center rush, and PJM’s problems are now pushing us into a crisis. Our near-term options are limited; new data centers are breaking ground at a breathtaking rate, and only solar can be installed on the timeline needed to prevent an energy shortfall. Even if we were willing to pay for high-priced gas or nuclear plants, developers face a backlog of as long as seven years for gas turbines, and advanced nuclear is still not commercially viable. 

Fortunately, solar is not just the fastest energy source to deploy, it’s also the cheapest and cleanest. Though President Donald Trump blames rising electricity prices on renewable energy, that’s false, just one of many myths the fossil fuel industry has propagated against solar. Nor is solar unreliable, another myth. When solar is paired with battery storage, it can match the rise and fall of demand perfectly.

It’s true, however, that while the great majority of Virginians support solar energy, many rural residents oppose it on aesthetic grounds. Of course, they would also oppose nuclear reactors and gas fracking in their neighborhoods. Legislators should  be sensitive to their concerns – but having chosen to welcome data centers, Virginia leaders can’t just shrug off the need for energy.

We also have to recognize that many farmers need to lease their land for solar in order to keep the land in their family and generate stable income. This should be as important a consideration to lawmakers as the objections of people who aren’t paying the taxes on the farm. Preventing landowners from making profitable use of their land is more likely to lead to the land being sold for development than to it remaining agricultural. 

The good news is that solar panels are compatible with agricultural uses including livestock grazing, beekeeping, vineyards and some crops. Dominion Energy uses sheep instead of lawnmowers at several of its solar facilities in Virginia and plans to expand the practice. The combination is a beautiful synergy: sheep and native grasses improve the soil, and in 30 years when the solar panels are removed, the land has not been lost to development.

While there is no getting around the need for utility-scale solar projects, rooftop solar also has an important role to play. In addition to harnessing private dollars to increase electricity generation, distributed solar saves money for customers and makes communities more resilient in the face of extreme weather.

This year the governor vetoed a bill to expand the role of distributed solar in Virginia. The legislation had garnered strong bipartisan support, so it will likely pass again next year. However, lawmakers will need to go further to encourage customer investments in solar now that federal tax credits will be eliminated for residential consumers at the end of this year.  

Batteries: For all your reliability needs

The fastest-growing energy sector today is battery storage. Batteries allow utilities to meet peaks in demand without having to build gas combustion turbines that typically run less than 10% of the time. Batteries also pair perfectly with intermittent energy sources like wind and solar, storing their excess generation and then delivering electricity when these resources aren’t available.  

Battery prices have tumbled to new lows, while the technology continues to improve. Most lithium-ion batteries provide 4 hours of storage, enough to meet evening peak demand with midday solar. When renewable energy becomes a larger part of Virginia’s energy supply (it’s less than 10% now) we will need longer term storage, such as the iron-air batteries that are part of a Dominion pilot program. This year the governor vetoed a bill that would have increased the amount of storage our utilities must invest in. Given the increasing importance of batteries to the grid, the legislation will likely be reintroduced next year.

Batteries installed at homes and businesses can also play a vital role in supporting the grid. Alone or combined with distributed solar, smart meters and electric vehicle charging, customer devices can be aggregated into a virtual power plant (VPP) to make more electricity available to the grid at peak demand times. Dominion will be developing a VPP pilot program under the terms of legislation passed this year. 

Advanced nuclear is still in Maybeland

The enormous expense of building large nuclear plants using conventional light-water technology has made development almost nonexistent in this century. Proponents believe new technology will succeed with scaled-down plants that can, in theory, be standardized and modularized to lower costs. Many political and tech leaders hope these small modular reactors (SMRs) will prove a carbon-free solution to the data center energy problem. 

It’s hard not to think they’re kidding themselves, or maybe us. Dominion Energy and Appalachian Power plan to develop one SMR each, with Dominion shooting to have one in service in 2035. Not only is this too late to meet today’s energy crunch, but a single SMR would add less energy to the supply side than new data centers add to the demand side each year. Virginia still needs near-term solutions, which means solar and batteries. 

Industry enthusiasts believe the 2035 timeline can be shortened, while critics say SMRs may never reach commercial viability. SMRs have to be able to compete on cost with much cheaper renewable energy, including wind, solar and emerging geothermal technologies, and cost parity is a long way off. The economic case for nuclear reactors also requires that they generate power all the time, including when the demand isn’t there, so SMRs need batteries almost as much as renewable energy does.

Finally, radioactive waste remains a challenging issue, as much (or more) for SMRs as for legacy nuclear plants. The U.S. has never resolved the problem of permanent storage, so nuclear waste is simply kept onsite at generating stations. The risk of accidents or sabotage makes it unlikely that communities will accept SMRs in their midst, especially if the idea is for SMRs to proliferate on the premises of privately-owned data centers near residential areas statewide.  

A nuclear technology with less of a waste problem is fusion energy. A fusion start-up plans to build its first power plant in Virginia in the “early 2030s,” if the demonstration plant it is building in Massachusetts proves successful. While fusion would be an energy game-changer, there are so many uncertainties around timeline and cost that only an inveterate gambler would bet on it helping us out of our predicament. 

Pretending climate change isn’t real won’t make it go away

We don’t have to talk about climate change to make the case for transitioning to carbon-free renewable energy, but global warming hovers in the background of any energy debate like an unwanted guest. If you need a primer or are even slightly tempted to say you “don’t know” whether human activity is responsible because you’re not a scientist, read the Intergovernmental Panel on Climate Change’s summary for policymakers. The continued habitability of the planet is too important for ignorance to be an acceptable dodge – and of course you, as a respectable candidate, would never stoop to such a thing.

Virginia codified its own action plan in 2020 with two major laws. One provides for the commonwealth to participate in the Regional Greenhouse Gas Initiative (RGGI), a multistate compact that uses auctions of carbon emission allowances to incentivize a shift away from fossil fuels and raise money for energy efficiency and climate adaptation. After taking office in 2022,  Youngkin removed Virginia from RGGI – illegally, as a court ruled. Virginia remains outside RGGI while the appeals process continues. 

The second law is the Virginia Clean Economy Act (VCEA), which creates a pathway for Dominion and APCo to transition to carbon-free electricity by 2050. The VCEA includes provisions requiring Dominion and APCo to invest in renewable energy, storage and energy efficiency and make renewable energy an increasing portion of their electricity supply. 

The VCEA contains special provisions for offshore wind, which I haven’t addressed here because  Trump is determined not to allow projects to move forward while he is in office. This is a shame, as there is bipartisan support in Virginia for this industry and the huge economic development opportunities that come with it. Still, Virginia’s Coastal Virginia Offshore Wind (CVOW) project is 60% complete and will start delivering power next year. Eventually, hopefully, it will be remembered as the first of many.

The VCEA also prohibited new investments in fossil fuel plants except under certain conditions. Dominion is currently seeking permission from the State Corporation Commission to build a $1.5 billion, fossil gas-fired peaker plant, citing data center demand and a need for reliability. Local residents, environmental organizations and ratepayer advocates oppose the plant and filed expert testimony showing that solar, storage and other less expensive technologies would better serve consumers.

In what passes for a bombshell in the energy space, Dominion was forced to admit last month that it had not obtained an independent review of the bid process before selecting its own gas plant over resources offered by third-party bidders.

“No regrets” solutions are progressive and conservative

As you’ve probably figured out by now, there is no perfect power source available today. And yet we would need new generation even if we stopped data center construction cold in its tracks – which isn’t in the plans. Solar is the cheapest, cleanest, and fastest source of generation, allowing us to preserve land – and keep options open – for the future. If the data center boom goes bust, having surplus clean energy on the grid will let us eliminate dirty sources faster, while saving money. 

Who would run against that?

First published in the Virginia Mercury on September 15, 2025.

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The SCC serves up a nothingburger

Dominion Energy headquarters, Richmond, VA

When Dominion Energy Virginia filed its latest integrated resource plan (IRP) last fall, critics (including me) complained that the company failed to lay out a cost-effective approach that would meet soaring energy demand from data centers while complying with Virginia’s decarbonization mandate. We hoped regulators at the State Corporation Commission would reject the IRP and demand better of our largest utility.

Instead, they chickened out. 

The SCC’s final order, issued July 15, is short but not really to the point. The order finds Dominion’s IRP “legally sufficient,” while citing previous SCC orders for the proposition that “acceptance” doesn’t mean approval “of the magnitude or specifics of Dominion’s future spending plans.” It would be hard to imagine a less enthusiastic endorsement, and the lack of analysis leaves advocates wondering, where’s the meat?

It’s true that an IRP is “only” a planning document; it doesn’t commit a utility to carrying out the plan, and the SCC still has to approve any project the utility decides to move forward with. But the point of the exercise is to ensure utilities are on the right track; that their demand projections are on target and their plans for meeting demand are realistic, cost-effective and comply with all relevant laws. This needs discussion and analysis, not merely an up-or-down vote.

Admittedly, the SCC has a long history of approving lousy IRPs while directing Dominion to do a better job the next time. That was the case here, too, with the order directing Dominion to do a few things differently in its next IRP, due in the fall of 2026. 

First, the SCC wants to see a 20-year timeline instead of the 15-year period that Dominion used this year, which is all the law requires. It’s an obvious ask, even apart from the fact the SCC cites that the regional grid operator PJM uses a 20-year planning window. A better reason is that we are just 20 years away from Dominion’s 2045 deadline for full decarbonization under the Virginia Clean Economy Act (VCEA), and anything the utility does now will have consequences extending out to that deadline. 

The SCC also neglected to mention that using just a 15-year window, and omitting the 25-year planning period that Dominion included in previous IRPs, allowed the company to avoid showing the economic consequences to consumers of spending money for fossil fuel generation that either will shut down or may become economically obsolete by 2045, long before the plants are paid off. If Dominion thinks it can justify sinking customers’ money into assets it knows will become stranded, we all deserve to see the rationale. 

The order also directs Dominion to include in its modeling at least one pathway that complies with the requirement of the VCEA that carbon-emitting facilities (including any new gas plants) be retired by 2045. This goes beyond obvious: the lack of a VCEA-compliant plan should have prompted the SCC to reject the IRP outright. 

But of course, Dominion claims new gas plants are needed for reliability, which would make them legal under the VCEA in spite of their carbon emissions and questionable long-term viability. Reliability is a red herring, as I’ve argued, and other parties to the IRP case modeled how Dominion can meet demand without building new fossil fuels. Dominion should have been required to prove its case.

But here again, the SCC chose not to engage on the issue. Requiring Dominion to do better next time is as far as it is willing to go. This is unfortunate, but the silence can’t last: in March, Dominion filed for approval of the first of its planned new gas plants. The SCC will have to address need and reliability to make a decision in that case, and it would have been better for all concerned if it had grappled with these questions now.

The order falls short in other ways, as well. While the SCC expresses concern about forecasted rate increases, it doesn’t even mention the data centers that are driving the problem. 

This is astonishing; even before Dominion filed its IRP last fall, the commission ordered the company to supplement the record with an analysis of data center impacts. When Dominion did so, it became clear that all of the load growth (and likely, much of the projected rate increases) results from this one industry. It’s beyond strange that the SCC does not even mention the supplement it ordered, or discuss whether Dominion’s duty to serve truly prevents it from protecting existing customers.

The order also accepts Dominion’s argument that it had to artificially limit the amount of low-cost solar it could include in its modeling, due to the increased difficulty of siting solar projects in Virginia. It’s true that many rural counties have been denying permits to solar projects, even as they approve data centers. But I’ve also heard a Dominion lobbyist tell legislators that permit denials have not been a problem for the company, an assertion that may have persuaded some legislators to vote against bills that would make solar siting easier. It appears Dominion tells legislators one thing and the SCC another. 

The SCC’s order contains a few other requirements for the next IRP, mostly things that really should have been included in this one. The IRP should model Virginia’s return to the Regional Greenhouse Gas Initiative, reflecting a Virginia court’s ruling that Gov. Glenn Youngkin’s withdrawal was unlawful. The IRP should assume Dominion achieves the energy efficiency targets that the SCC itself established for the company. Dominion should include an analysis of impacts on base rates and should share its modeling with utility watchdog Clean Virginia, as well as run modeling based on SCC staff inputs. Long-duration storage, a maturing technology that can replace gas combustion turbines, should be included in the next modeling.

“Do better next time” is a well-worn directive from the SCC to Dominion, but it is deeply disappointing at a time when Virginia is facing an unprecedented surge in demand from data centers and accompanying increases in utility rates. 

It’s disappointing in another way, too: this is the first major ruling from the SCC since two new judges were added to the three-member commission, and all three were appointed by a Democratically-controlled Senate. If there was ever a time for the SCC to get tough with Dominion on its climate obligations, this should have been it. 

No doubt, the problem lies in Dominion’s influence over the entire process. The utility doles out exceedingly generous campaign donations to members of both parties, so the company retains influence no matter who is in power. Not only does this give Dominion sway over who is appointed to the SCC, but commissioners have to be mindful that getting reappointed at the end of their six-year terms depends on how satisfied these Dominion-backed senators are with their rulings. 

As long as Dominion is allowed to shower senators with unlimited campaign cash, the SCC will never be free of the utility’s pernicious influence. 

Meanwhile, though, Dominion’s poor performance, and the SCC’s unwillingness to call it out, demonstrate the necessity of the comprehensive IRP reform legislation that the governor vetoed this spring. The Commission on Electric Utility Regulation is already working on similar legislation for the next session. 

Passing the IRP reform bill may not inject the SCC with greater courage, but it will ensure the commission, and the public, get a fuller look at the facts.

This article was originally published in the Virginia Mercury on July 21, 2025.

Unknown's avatar

Is it too hot for common sense?

smokestack
Photo credit Stiller Beobachter

Maybe it’s the heat. Heat-addled brains might explain the thinking of many Virginia lawmakers that what we need to do right now is burn more fossil fuels. 

Scientists have documented the way high temperatures affect the brain, impairing cognition and causing impulsivity and trouble concentrating. And this summer is already starting out hot, which is saying something given that 2024 was the hottest year on record, bumping 2023 off its baking pedestal. Scientists say this global fever is the natural result of burning fossil fuels and driving CO2 levels to their highest in millions of years.

Since burning more fossil fuels will drive more global warming, it’s exactly the reverse of what we should be doing.  Yes, but, these state leaders respond, how else are we going to power ever more data centers? 

Northern Virginia is the data center capital of the world, and data centers are notoriously power-hungry. Without them, Virginia electricity demand would be flat, and we could easily meet our electricity needs while gradually decarbonizing along the pathway laid out in the Virginia Clean Economy Act (VCEA).

Instead, Virginia taxpayers subsidize some of the richest corporations in America to the tune of almost a billion dollarsevery year to entice them to rip up land in Loudoun, Prince William and other Virginia counties instead of Atlanta or Dallas. In return, the tech companies keep construction workers busy, underwrite their host counties’ finances, make life miserable for nearby residents, raise everyone’s power bills, drain our rivers and aquifers and pollute our air with enough diesel generators to light up a major city.  

Virginia legislators obviously consider this a fair deal, because that’s what they keep voting for. Whether their constituents agree is another question; the evidence says they don’t.

For anyone just getting up to speed on data center issues, the Virginia Sierra Club’s new report, “Unconstrained Demand: Virginia’s Data Center Expansion and Its Impacts” (to which I contributed), covers the current state of data center development in Virginia and the problems that come with it. Fun fact: More than half of all the nation’s energy consumption attributed to data centers occurs in Virginia. 

That puts a special burden of leadership on our lawmakers. If we allow data centers to undermine our sustainability efforts here, we can only expect a race to the bottom in other states. As Virginia goes, so goes the nation. 

And yet we haven’t heard much outcry from Virginia leaders against the plans of our largest utility to build new generating plants powered by fracked gas. Dominion Energy laid out its plans in its 2024 integrated resource plan as well as a proposal for a 944 megawatts of gas combustion turbines in Chesterfield now pending before the State Corporation Commission. 

Dominion and its allies say more gas is needed for reliability, which could make it allowable under the VCEA. Indeed, “reliability” is a word that fossil fuel advocates frequently toss down like a trump card (in the unpresidential sense but with the same lack of thoughtful analysis). The claim is suspect. Fussing about reliability when your state ranks 24th in the nation for renewable energy is like worrying about the taxes you’ll owe if you win the lottery: we should be so lucky. 

Gov. Glenn Youngkin and Republican legislators are explicit in wanting to see the VCEA repealed and more gas plants built. Democrats defend the VCEA’s goals, but worry about the challenges of implementation and the effect on electricity rates. They all cite data center demand as the reason they contemplate backsliding on clean energy.

I wish I could say that our rich and powerful tech companies were aggressively championing carbon-free energy for their data centers in Virginia, but they are not. I attended a meeting of the Commission on Electric Utility Regulation where legislators were hashing out the problems of too much demand and too little supply. Representatives from the Data Center Coalition stood in the back of the room, observing but refusing to engage. Out of sight, they successfully lobbied against any bills that would slow the data center boom, force them to absorb more of its costs, or require them to source their own clean energy. 

Publicly, many tech companies tout their commitments to decarbonization. Amazon says it even met its goal to run its operations entirely on renewable energy. Yes, and I’m the Queen of Sheba. In fact, these companies are in a fierce competition to develop artificial intelligence as fast as possible. They’d like carbon-free power, but really, they’ll take whatever energy they can get wherever they can get it, and even among the industry’s best actors, climate now takes a back seat

Yet the likes of Mark Zuckerberg and Jeff Bezos would not be significantly worse off if forced to meet their climate commitments. Virginia leaders know – or at any rate, they have been exposed to the information, which I realize is not the same thing – that building new fossil gas generating plants is not just bad for the planet but more expensive than pursuing carbon-free alternatives.

Oh, I know, Congress just yanked back the federal tax incentives that helped make wind and solar as cheap as it is, one of the myriad ill-considered elements of the big beautiful debt bomb Republicans adopted against everyone’s better judgment. (Apparently heat affects spines as well as brains.) With passage of that bill, developers will need to have begun construction on new facilities by this time next year in order to qualify for the existing tax credits. 

There will be a mad rush to get construction underway immediately for facilities in the development pipeline. Thereafter, projects on the margin won’t get built. But others will, because even the loss of federal subsidies won’t destroy solar’s competitive edge against most new-build gas. 

Even so, utilities and their customers will pay higher prices for unsubsidized new renewable energy – as well as for existing fossil fuel generation that will command higher prices in the coming supply crunch. The Clean Energy Buyers Association estimates that commercial electricity costs in Virginia will be about 10% higher after the phase-out of federal incentives. 

A years-long backlog for orders of gas turbines will further squeeze energy supply and drive up prices for fossil power. On the plus side, the lack of available turbines will make fast-to-deploy solar not just the better option, but sometimes the only option.

I’ve never understood the conservative love affair with fossil fuels, when today’s clean technology is cleaner, cheaper and quicker to deploy. Trump would like to crush wind and solar altogether, which would eliminate 90% of the power capacity waiting to be connected to the grid and catapult the U.S into a serious energy crisis. In addition to much higher power prices, observers warn we would likely see a loss of data centers and other energy-intensive industries to parts of the world that are not on a mission to kill low-cost clean energy. 

Well, that would be one way to rid Virginia of the data center scourge.

Fortunately, the worst attacks on solar in Trump’s budget bomb did not survive, but the bill should nonetheless serve as a wake-up call for Virginia leaders. With little time left to secure federal clean energy incentives, our utilities need to acquire all the solar and storage they can right now. With or without data centers, locking in as much fuel-free generation as possible while it’s available at a discount is a prudent move to avoid the coming shortages and escalating costs of energy.

As for the tech companies, lawmakers should embrace the simplest approach to this problem, which happens also to be the one that spares ordinary Virginians from bearing the costs of the data center buildout: shifting responsibility for sourcing electricity onto the companies themselves, and requiring that they live up to their climate claims by making the power they buy carbon-free. 

It’s an approach other states can follow, holding Big Tech to the same responsibility no matter where they put their data centers. Certainly the tech titans can afford it; they just won big with massive tax cuts that our poorest residents will pay for. 

No doubt they will complain. Everyone would like somebody else to pay for what benefits them. But Virginians can’t afford to subsidize Big Tech, and we don’t want to. 

As for those legislators who think we should continue to do it anyway – well, all I can think is, it’s got to be the heat.

This article was originally published on July 8, 2025. On July 7, President Trump signed an executive order directing cabinet members to find more ways to hobble wind and solar energy, including directing the Secretary of the Treasury to interpret “beginning of construction” in a way that requires “a substantial portion” of a facility to have been built in order to qualify for tax incentives, counter to current regulation.

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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.

Unknown's avatar

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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It’s the fossil fuels, stupid

For low-cost electricity, Virginia needs renewable energy — not gas plants

smokestack
Photo credit Stiller Beobachter via Wikimedia.

Southwest Virginia leaders are up in arms over electricity rate hikes. It’s understandable: Appalachian Power, which serves residents in 34 counties, has raised rates by over 46% since July 2021, and its rates now rank among the state’s highest. Last March, it sought another increase that would have resulted in residents paying $10.22 more per month on average. Although the State Corporation Commission’s November ruling granted APCo a much smaller rate hike, customers are raising a ruckus about the high bills.

Complaints have reached such a fever pitch that Del. James Morefield, a Republican who represents parts of five southwest Virginia counties, filed legislation this month to cap the rates APCo can charge. Over in the Senate, another southwest Virginia Republican, Travis Hackworth, has launched a direct attack on APCo’s monopoly: His legislation would allow any residential customer of APCo whose monthly bill exceeds 125% of the statewide average to buy electricity from another provider.  

These bills might be more performative than serious. But in this case, legislators themselves are at least partly to blame. In 2023, another Southwest Virginia Republican, Israel O’Quinn, drove legislation that excused APCo from having to write integrated resource plans (IRPs) – those pesky documents that tell regulators how a utility plans to comply with state laws and meet the needs of customers at least cost. Both Hackworth and Morefield voted for the bill. 

In 2024, O’Quinn also championed legislation that allows APCo to charge customers for costs of developing a small modular nuclear reactor. Hackworth also supported this new burden on ratepayers, though Morefield did not.

This year, the Commission on Electric Utility Regulation is promoting legislation to reform the IRP process, including making APCo file plans again. That may help. Fundamentally, though, the primary reason APCo’s customers are paying so much is that the utility remains so dependent on fossil fuels. As of the date of its 2022 IRP, APCo relied on coal and fracked gas for 85% of its electricity. Prices for both fuels spiked so high in 2021 and 2022 that utilities were left with huge bills to pay. 

 In 2022, APCo told the SCC it had spent an extra $361 million over budget on gas and coal. Virginia law allows fuel costs to be passed through to customers, so the SCC couldn’t prevent bills from rising to cover the outlay. Instead, the SCC allowed the company to recover the excess fuel costs from its customers over two years by charging roughly $20 more per month to residents, spreading out the pain but also extending it. O’Quinn’s 2023 legislation let the company finance the costs, which meant customers pay interest on top of the fuel costs.

 APCo was not the only utility passing along high gas costs. Dominion Energy Virginia also got caught off guard and asked to spread its excess fuel costs out over three years, adding an average of $15 to residential customer bills. Dominion customers are not happy either. 

 Gas prices have since dropped, and the remarkably short memories of legislators have led them to think they will now stay low forever. Having learned precisely nothing, they also insist that the only way to ensure an adequate supply of reliable, low-cost energy to serve the data center boom is for Virginia to increase its reliance on gas instead of transitioning away from it.    

 The evidence does not support this fantasy. Contrary to Republican orthodoxy, new renewable energy is cheaper than new fossil fuel generation. That’s why in 2024, 94% of all new power capacity in the U.S. came from solar, batteries and wind energy. Fossil gas made up just 4% of new generating capacity. Yes, many states are now proposing to build new gas plants, so the trend could reverse, but that’s only because the rush of data centers and new manufacturing has made large users desperate for more energy at any cost. 

 It’s true that solar, Virginia’s least-cost resource, only produces electricity when the sun shines. But even adding battery storage to solar energy, allowing it to serve as baseload power or a peak power resource, still results in lower electricity costs than the gas combustion plants that are used to produce electricity at peak times. (In Virginia, Del. Rip Sullivan, D-Fairfax, has introduced legislation to expand storage targets for Dominion and APco, including for long-duration storage.)

 The era of low-cost renewable energy is fairly new, but it is already impacting utility bills across the country. Virginia used to boast of its low rates; now there are 22 states with lower residential electricity rates than Virginia. And of those, U.S. Energy Information data shows that all but five generate a higher percentage of their electricity from renewable energy. 

With data centers proliferating across Virginia unchecked, utility rates are under even more pressure now. The Joint Legislative and Audit Review Commission data center study, released last month, warns that ratepayer costs will inevitably rise under an “unrestrained growth” scenario that reflects current policy.

It’s too early to tell whether any of the many bills to protect residential ratepayers and put guardrails on data center development will pass. For now, the governor and many Republicans seem to prefer to use the crisis to crush the transition to renewable energy. As in past years, Republicans have introduced bills to repeal the Virginia Clean Economy Act or undermine it in various ways.

Making solar more difficult and expensive to build is also part of the strategy. The party that used to stand for individual liberty and personal property rights now instead champions local governments that deny farmers the ability to put solar on their land.

Talking up fossil fuels and dumping on solar may make for good politics with the folks in rural districts. That doesn’t mean it’s in their interests. If high utility bills are what really matter, legislators should be pushing renewable energy and storage, not expensive gas plants. 

This article appeared in the Virginia Mercury on January 20, 2025. Interestingly, today writers at two other publications, Cardinal News and Bacon’s Rebellion, took up one aspect of this topic that I only alluded to, the fact that Virginia “imports” more electricity than any other state. Virginia politicians have been exercised on this topic for as long as I’ve been writing, and it has always struck me as strange. It’s not like we need to worry about the political ramifications of a trade imbalance with Pennsylvania.

But as Duane Yancey noted, those electrons coming into Virginia from elsewhere in PJM do tend to be dirty. That’s especially the case for APCo, which operates coal plants in West Virginia and has been ordered by the West Virginia Public Utilities Commission to run those plants at a 69% capacity factor, regardless of the economics. I have not been able to find out anywhere the percentage of APCo’s generation that comes from coal as opposed to gas, but the West Virginia PUC order unquestionably means APCo’s Virginia customers are paying too much.

One other thing to note on the topic of imports: when I wrote that APCo’s resource mix is 85% fossil fuels, that did not mean the other 15% is renewable. In fact, most of the rest is purchased power, meaning mostly fossil fuels also.

By the way, readers may notice a few discrepancies among the articles, which is worth explaining. Both Yancey and James Bacon cite figures for Virginia electricity rates and how they compare to other states that are different from my numbers. The reason is that they are working from combined rates for residential, commercial and industrial, where I’m using residential only. Virginia’s combined rate compares more favorably to those of other states than does its residential rate because our commercial and industrial rates are lower.

Virginia’s low commercial rates have been a major draw for data centers. But if you’re a residential customer right now, maybe that’s pretty cold comfort.