Buckle up, folks: this federal climate bill is going to supercharge Virginia’s energy transition

Young woman holding sign that says Climate Action Now
Photo by Alex Kambis.

On Sunday the U.S. Senate passed the historic climate legislation package hammered out between Senate Majority Leader Chuck Schumer and West Virginia Senator Joe Manchin. The House is expected to follow suit this week, giving President Joe Biden a huge win on one of his administration’s priorities and finally making good on his pledge to tackle climate change.

The bill is titled the Inflation Reduction Act (IRA), apparently because the senators think inflation is the only thing most Americans care about right now. But whether it reduces inflation is beside the point. The IRA marks the federal government’s most significant investment in clean energy and transportation ever. Its $370 billion of climate spending will cut U.S. emissions roughly 42% below 2005 levels by 2030, only slightly less than the reductions that would have been achieved through Biden’s signature Build Back Better bill.

This is a huge piece of legislation, though, and some of the compromises Schumer was forced to make are not climate-friendly. Manchin, after all, is a coal baron representing a state so dominated by the extraction industries that it has lost sight of any other future. Climate hawks have to hold their noses (beaks?) to accept some noxious provisions, such as the bill’s requirement for new offshore drilling lease sales. No doubt that one will cheer motorists who wrongly assume the government could lower gasoline prices just by turning on a spigot, if only it wanted to.

The bill also comes with a side deal meant to ensure completion of the Mountain Valley Pipeline, which starts in Manchin’s home state. That news promptly soured many activists in Virginia on the whole package.

Hang in there, people. The pipeline deal isn’t actually part of the IRA, and Manchin knows better than anyone that a promise of some second bill to be voted on in the future is a castle in the air. Maybe he’ll get it, maybe he won’t. Meanwhile, the IRA’s incentives for renewable energy, energy storage, energy efficiency, building electrification and electric vehicles are overwhelmingly more impactful than provisions designed to increase oil and gas production. The business case for new pipelines will only get worse.

Three recurring themes stand out in the IRA. One is the attention paid to ensuring benefits flow to low- and moderate-income residents and communities impacted by fossil fuel extraction. A second is the effort to incentivize manufacturing and supply chain companies to bring operations back to the U.S., using tax credits for manufacturing and requirements for U.S.-made components. The third is job creation and training for career jobs that pay well. The combined effect is that the law will benefit former coal workers in Southwest Virginia looking for employment at least as much as Northern Virginia suburbanites jonesing for Teslas.

Every state will see clean energy investments soar if the bill becomes law, but Virginia is especially well positioned. Though we have embarrassingly little wind and solar in our energy mix today, we have huge potential for both, a strong tech sector and a well-educated workforce.

Just as important, laws passed by the General Assembly in the past few years already provide the framework for our energy transition. Among them, the Virginia Clean Economy Act and participation in the Regional Greenhouse Gas Initiative are pushing our utilities to decarbonize, including through investments in energy efficiency, solar and offshore wind. Solar Freedom removed barriers to private investments in distributed solar, while the Grid Modernization Act authorized upgrades to the distribution grid, and the Clean Cars Act started us down the road to vehicle electrification. For all of these, the IRA’s incentives make compliance easier and less expensive for both utilities and customers.

Renewable energy tax credits with an emphasis on equity and jobs

Photo courtesy of NREL

The IRA is a big bill with a lot of fine print detailing incentives for a wide range of technologies, mostly clean but with a few clunkers. (Hydrogen made from fracked gas, anyone?) Still, the largest share of the renewable energy tax credits will go to companies involved in the wind and solar industries. The credits will remain fixed for 10 years before ramping down, finally providing the business certainty and long planning window that clean tech companies have been begging for.

The more utilities take advantage of the law to install renewable energy, the greater the benefit to electricity customers. Renewable energy helps stabilize electricity costs, dampening the impact of high fossil fuel prices. The IRA’s tax credits will lower the cost of building wind and solar, saving money for Virginia customers as our utilities meet and exceed the VCEA’s targets for solar, storage and wind. (So, yes, the Inflation Reduction Act will live up to its name when it comes to electricity prices.)

For utility-scale projects like solar farms and offshore wind, obtaining the maximum tax credit requires that a steadily increasing percentage of the equipment used be American made. Credits available to manufacturers are intended to draw the supply chain back to the U.S. and will help those parts be cost-competitive. New prevailing wage and apprenticeship program requirements favor union labor and middle-class incomes for careers in green energy.

While large renewable energy facilities will contribute most to decarbonizing the grid, the most generous incentives in the IRA are reserved for distributed generation facilities under 1,000 kilowatts AC (1,300 kW DC), a category that includes most rooftop solar. For these projects, the investment tax credit will return to 30% for the next 10 years, with adders available if the facility is located on a brownfield or in an “energy community” (10%), uses domestic content (10%) or serves low-income residents (10-20%). The credits can be combined, making it entirely possible for a solar project on low-income housing in Virginia’s coalfields, built using American-made equipment, to qualify for tax credits of up to 70% of the cost.

Not only that, but taxpayers will be allowed to sell the credits, so people with no tax liability can still take advantage of the discounts. This feature will make solar affordable for homeowners who don’t owe enough in federal taxes to use the tax credits themselves. It will also make it possible for installers to discount the upfront cost of a solar array by the amount of the tax credit so customers don’t have to wait months for a tax refund.

A final feature is that the tax credits will now also be available as direct payments to tax-exempt entities like local governments, schools and churches. Direct pay will have the biggest impact in states that don’t allow third-party power purchase agreements (PPAs), but it’s a great option anywhere.

The “adder” for brownfields will be of interest to many Virginia localities that want to find ways to safely use closed landfills and old industrial sites, while Virginia’s government has already identified brownfields as a great opportunity for solar.

But the biggest market opportunities would seem to be for solar on low-income housing and in areas impacted by fossil fuel extraction. Carrie Hearne, associate director for renewable energy and energy efficiency at Virginia’s Department of Energy, said the many federal funding programs laid out in the IRA “would provide great opportunities for energy infrastructure investments in communities that are most in need, and in turn, help to lower energy bills. These federal funds could also contribute to the commonwealth’s goal of competitive rates, reliable and responsible delivery of energy alongside rural economic development.”

To understand how the solar industry sees these opportunities, I called the leaders of three solar companies that develop onsite solar in low-income areas and in the coalfields: Dan Conant of West Virginia-based Solar Holler, Tony Smith of Staunton-based Secure Futures and Ruth Amundsen of Norfolk Solar. Not surprisingly, they all predicted stunning growth in both distributed solar and jobs as a result of the IRA.

Solar has made fewer inroads in Southwest Virginia than in other parts of the state, which Conant sees as an opportunity. One of the few unionized solar companies in the area, and the only one I know of focused exclusively on Appalachia, Solar Holler has been expanding into Southwest Virginia and hiring workers at a steady clip. (Disclosure: I own a tiny stake in Solar Holler.)

The company already uses American-made components, so Conant said coalfields residents will be able to take advantage of two of the adders to install solar on their homes and businesses at half price, with low-income residents paying even less. The IRA’s manufacturing tax credits for American solar companies will further reduce the cost of the projects.

Conant was especially excited about the IRA’s impact on jobs in Appalachia. He expects to ramp up hiring significantly once the IRA becomes law. It took no prodding from me for him to add, “I truly believe this bill will let us get to 100% clean energy in 15 years.”

Secure Futures also has projects underway in Southwest Virginia as well as elsewhere across the state. The company uses third-party PPAs to allow tax-exempt customers like schools and nonprofits to go solar with no money down, paying just for the electricity produced by the panels. Although the IRA allows these customers to get the tax benefits without a PPA, Secure Futures president Tony Smith said tax-exempt entities will still do better using PPAs to take advantage of accelerated depreciation.

Smith said the IRA will make an already strong solar market in Virginia even stronger, as the higher tax credits will push down prices and the transferability of the credits will make it easier to attract more investors to solar. At the same time, a provision of the VCEA requiring Dominion Energy Virginia to acquire renewable energy certificates (RECs) from distributed generation facilities has created a strong market for these certificates, helping to finance projects and making solar even more affordable for institutional customers that sell their solar RECs.

On the other side of the commonwealth, Norfolk Solar also installs solar in low-income communities, offering PPAs to both commercial customers and low-income residents in economically distressed areas that qualify for special tax treatment as Qualified Opportunity Zones. (Under Virginia law, residential PPAs are available only to low-income customers.) Amundsen pointed out that the 10-year time horizon of the tax credits is an added benefit of the IRA to both her customers and potential investors because it allows for long-range planning and multi-year projects.

Energy storage will stand on its own

The VCEA established one of the most ambitious goals for energy storage development in the nation. But current federal law offers tax credits for energy storage only when it is part of a renewable energy project. The limitation has led to the proliferation of solar-plus-batteries projects around the country. It’s an ideal combination because it allows solar energy to be used when it is needed, unshackled from the time of day that it’s produced.

But uncoupling storage from renewable energy projects is a more efficient way to manage the grid, said Steve Donches, a Loudoun County attorney who represents battery storage companies and recently served on the Virginia Energy Storage Task Force.

“In many instances, the best location for storage supporting the grid is not where the renewables are located but rather near grid chokepoints or inside load pockets,” he said. “Moreover, site selection flexibility can often be important from a zoning permitting perspective. The new approach allows developers to be more nimble and locate where it is most useful and cost efficient.”

Recognizing this, the IRA provides a tax credit of up to 30% for energy storage whether or not it is part of a renewable energy facility.

This will make grid storage less expensive and easier for our utilities to install, and it will also benefit customers who want to put batteries in their buildings for back-up power. Amundsen noted that her customers sometimes can’t afford to include a battery at the time they install solar; the IRA will let them take the tax credit for storage even if they buy the battery later. This is especially important, she said, for resilience in low-income neighborhoods, where adding a battery to a solar-powered church or community center allows it to “island” during a power outage and provide a refuge for neighbors.

Homeowners will see huge benefits from building electrification

A cleaner electricity grid makes it possible to decarbonize other sectors of the economy by substituting electricity for fossil fuels in transportation and buildings; hence the climate advocates’ mantra “Electrify everything.” Yet while new electric appliances have become more energy efficient and attractive to consumers than the ones they replace, the switch comes with a price tag.

Under the new law, price will no longer be a barrier. The IRA offers rebates to residents to upgrade their homes with new electric technology such as heat pumps for heating and cooling (up to $8,000), electric induction stoves ($840), heat pump water heaters ($1,750) and upgrades to home electrical systems to support all the new load ($4,000). The rebates phase out for higher-income earners. Lower-income families replacing old and inefficient appliances will see the greatest energy savings as well as the highest rebates.

The federal rebates are a fantastic complement to existing Virginia programs for low-income energy efficiency upgrades. A major attraction of Virginia’s participation in the Regional Greenhouse Gas Initiative is the hundreds of millions of dollars it raises for low-income efficiency programs such as those devoted to upgrading multifamily housing like apartment buildings. Coordinating the state programs with the new federal rebates should be an urgent priority to ensure the broadest possible benefits to low-income Virginians.

Meanwhile, gas utilities had better start planning for the end of their business. There is no longer any reason to expand and upgrade gas distribution pipelines, because from here on in their customer base will be shrinking, not growing, resulting in stranded assets.

Electric vehicles aren’t just for the rich any more

Santeri Viinamäki, CC BY-SA 4.0 , via Wikimedia Commons

The IRA provides a $7,500 EV tax credit for new vehicles, including those made by manufacturers like Tesla and Toyota that had reached volume caps in previous law. Restrictions apply, including income limits, vehicle price caps and supply chain sourcing rules. The act also now adds a credit of up to $4,000 for used vehicles, making ownership possible for more people at all income levels.

Virginia is committed to vehicle electrification through its adoption of clean cars legislation in 2021 and a 2022 law requiring state agencies to buy electric light-duty vehicles whenever the total cost of ownership is less than it would be for a vehicle with an internal combustion engines. But further speeding up the transition to EVs will create ripple effects requiring careful planning. Electricity demand will increase and do so unevenly, requiring load management programs and upgrades to parts of the distribution grid.

https://www.virginiamercury.com/2021/05/05/data-centers-and-electric-vehicles-will-drive-up-virginia-electricity-demand-uva-forecaster-predicts/embed/#?secret=EvWicAM2Bx

Charging all these vehicles will also be an issue. Many would-be EV customers lack the ability to charge at home, either because they don’t own the space where they park or because their homes aren’t wired for easy installation of a charger. The problem is especially acute for people who rent apartments in buildings that lack charging stations.

No matter how generous the credits, people won’t buy EVs if they can’t charge them. Virginia must require multifamily buildings to include enough charging stations for all the residents who want them, ensure public charging stations are plentiful and convenient in low-income neighborhoods and improve its residential housing code to ensure new homes are wired to facilitate installation of chargers.

For best results, lean in

Photo credit iid.com

Virginia law requires each new governor to produce an energy plan in October of the first year in office, so Virginia’s Department of Energy is currently in the process of writing a plan that will have Gov. Glenn Youngkin’s stamp on it. The plan must be one that “identifies actions over a 10-year period consistent with the goal of the Commonwealth Clean Energy Policy set forth in § 45.2-1706.1 to achieve, no later than 2045, a net-zero carbon energy economy for all sectors, including the electricity, transportation, building, agricultural, and industrial sectors.”

Governor Youngkin hasn’t shown much enthusiasm for Virginia’s energy transition to date, having tried to gut the VCEA and repeal RGGI. Yet with the IRA making so many incentives available for clean energy and electric vehicles, leaning in to the energy transition now will allow the commonwealth to reap huge rewards in the form of economic development, job growth, cleaner air and lower energy bills.

The opportunities for Virginia are enormous; the governor should make the most of them.

This article originally ran in the Virginia Mercury on August 9, 2022.

Dear readers: Many of you know that although I write independently of any organization, I also volunteer for the Sierra Club and serve on its legislative committee. The Sierra Club’s Virginia Chapter urgently needs funds to support its legislative and political work towards a clean energy transition. So this summer I’m passing the hat and asking you to make a donation to our “Ten Wild Weekends” fundraising campaign. Thanks!

Your electric bills are skyrocketing. Blame our failure to invest in renewable energy.

Photo by Pixabay on Pexels.com

Fossil fuel prices are higher everywhere, and the effect is hitting electric bills as well as prices at the gas pump. 

Utilities that generate power from natural gas and coal face fuel costs two or three times as high as they were just a couple of years ago —and those costs are passed on to customers. Some utilities employ hedging strategies and long-term contracts to reduce the impact of price spikes. But as a general matter, how painful your bill increase will be is a function of how much electricity your utility generates from fossil fuels. 

Gee, don’t you wish we had more renewable energy in Virginia? 

Let’s review the problem. Dominion Energy Virginia, our largest utility, generates most of its electricity from gas and coal, with 29 percent from nuclear and a tiny percentage from solar and biomass. Our second-largest utility, Appalachian Power, derives 85 percent of its power from coal and gas and only 15 percent from renewable energy, primarily wind and hydro. 

Both utilities are investing more in renewables now, but for years they lagged other states even as wind and solar became the lowest-cost sources of energy nationwide. Because the “fuel” for wind turbines and solar panels is free, those sources generate electricity at a stable price that looks even better when coal and gas prices go up. (Nuclear reactors are fueled by uranium, so they aren’t affected by the fossil fuel crunch either; even so, most of them need subsidies to compete in the wholesale market.) 

As previously reported in the Mercury, Dominion filed a request with the State Corporation Commission in May to increase the “fuel factor” portion of its customer bills, citing the higher prices. In the past year, according to Dominion, the price of the natural gas it bought has gone up 100 percent. High gas prices cause utilities to switch to coal generation when it’s cheaper, so the price of coal also rose by 92 percent. In all, the company said it incurred more than a billion dollars more in fuel costs over the past year than it budgeted for a year ago. 

Under Virginia law, Dominion and APCo “pass through” the costs of fuel directly to customers. They don’t collect a profit, but they don’t have to swallow unexpected increases themselves. Customers will have to pay higher rates for as long as it takes Dominion to recoup the extra spending. The only question for the SCC is how quickly Dominion should collect the money.

Consumers in other states are also being hit by higher electricity bills, but the effect is uneven across the country. States that built more renewable energy protected their residents from fuel price increases. 

Data collected by the U.S. Energy Information Agency shows that with few exceptions, states with lower electricity rates than Virginia’s have more renewable energy than we do. Since the EIA data doesn’t reflect all the planned increases due to rising coal and gas prices, the disparity will become even more pronounced over the coming year. 

States in the Pacific Northwest with a lot of inexpensive hydroelectric power have especially low rates, but wind and solar are the cheapest forms of new energy. The higher fossil fuel prices go, the better wind and solar look by comparison. 

States in the Great Plains have been building wind for years because it outcompetes everything else, so their rates are low and increasingly insulated from fossil fuel volatility. South Dakota residents pay less per kilowatt-hour than Virginians do, and the state gets a whopping 83 percent of its electricity from renewable energy, primarily wind. Even North Dakota, a deep red state wedded to fossil fuels, gets more than 35 percent of its electricity from wind and another 5 percent from hydro. Its rates are already much lower than Virginia’s, and its renewable energy will cushion fuel cost increases. 

Investments in solar are also paying off. Take Utah for example, where residential rates are also far lower than Virginia’s. Utah has a coal problem, with 61 percent of its electricity from that one dirty source, and another 24 percent from natural gas. But, as EIA reports, “almost all the rest of in-state generation came from renewable energy, primarily solar power.” Moreover, “solar energy powers about 93 percent of Utah’s electric generating capacity added since 2015.” Evidently, Utah spent the past seven years working to future-proof its energy supply, while Dominion kept building more gas plants. 

Virginia’s slow start on the transition to renewable energy is the direct result of poor investment decisions by our utilities and a disgraceful myopia on the part of the State Corporation Commission. Environmental advocates pointed out for years that our over-commitment to fracked gas meant we’ve been gambling on fuel costs and undervaluing price stability. But the SCC kept approving new fossil fuel projects, and actually urged Dominion to build more gas plants.

Indeed, our situation would be even worse if the General Assembly had not passed the Virginia Clean Economy Act in 2020. The VCEA requires our utilities to transition to carbon-free electricity by 2050 and establishes wind and solar targets for Dominion and APCo to achieve by 2035. The targets are still too low to meet the climate emergency — but until the VCEA became law, Dominion was planning to build even more gas plants

Now customers have to pay for Dominion’s folly. Dominion’s filing states that if it recovers the entire $1 billion shortfall over the coming year, residential bills would have to go up by 19.8 percent. Dominion instead proposes to spread the higher charges over three years to ease the shock, making the bill increase 12.2 percent.  The effect would be further moderated this year by other adjustments the company proposes, like moving the costs of participating in the Regional Greenhouse Gas Initiative into base rates, where they can be absorbed because those rates are so inflated. (On the other hand, the SCC just granted Dominion a separate rate increase for spending to extend the life of its aging nuclear plants—an undertaking projected to cost nearly $4 billion.) 

An SCC hearing examiner heard testimony in Dominion’s rate case on July 6 and 7. A ruling is expected later this summer, and the SCC seems likely to approve the three-year plan. 

Spreading the cost of higher fuel prices out over a longer time may reduce the rate shock, but there are drawbacks to this approach. First, Dominion will charge customers the financing costs of deferring collection on the full amount, adding to the total cost burden. (What, did you think the company was offering to absorb that cost itself?) The way it works is that ratepayers will borrow money to pay off our debt to Dominion, then repay the loan with interest over the next three years. 

The second problem is that if the high cost of fossil fuel isn’t temporary, extending the recovery period will lead to even greater shocks in coming years. If prices stay high and we keep kicking the can down the road, we will pay more financing costs and pile up more debt. Where does this end?

This is not mere speculation. Dominion’s filing already projects that “fuel costs will remain elevated over the next year,” and expert witness testimony in the case notes that Dominion revised its natural gas price projections upwards after it filed its request, without updating the amount it is seeking to collect to reflect the higher projections. 

Over at Appalachian Power the situation may not be any better. APCo typically seeks its fuel factor rate increases in September of each year. Last year the utility sought a $3 average increase in residential bills to cover higher fuel costs, at a time when coal and gas prices were still well below this year’s prices. When the company files for its next fuel factor increase two months from now, the rate increase it seeks is likely to pack a much bigger punch. 

What of other Virginia utilities? Our smallest publicly-owned utility, Kentucky Utilities (Old Dominion Power, which serves five counties in southwest Virginia), is also heavily dependent on fossil fuels although now planning to build more renewables. ODP filed for a modest rate increase in February of this year, just before Russia invaded Ukraine and sent world natural gas prices to heights not seen since the start of the fracking revolution. 

Chris Whelan, vice president for communications and corporate responsibility, told me ODP is able to dampen the effect of fuel price volatility through a “flexible fuel procurement strategy that includes long-term contracts to help hedge against price swings as well as the ability to purchase fuel on the spot market when prices drop.” Still, ODP will have to seek another increase next February unless prices suddenly plummet. The utility recovers excess fuel costs (or lowers rates if fuel costs fall) on an annual basis, so customers would pay off the full amount over 12 months. 

Electric cooperatives that buy electricity from Old Dominion Electric Cooperative also face price increases due to high fossil fuel prices and a paucity of renewables. ODEC’s 2021 energy profile shows it generates 38 percent of its electricity from gas, 14 percent from nuclear, and 4 percent from coal. It purchases the rest from the wholesale market (38 percent) and from renewable energy projects (6 percent). Electricity sold on the PJM wholesale market is generated mainly by natural gas, nuclear and coal, so wholesale market prices are also higher now.

According to Kirk Johnson, ODEC’s senior vice president for member engagement, ODEC has had to raise energy prices twice since the beginning of the year, effective May 1 and July 1. Assuming individual distribution cooperatives passed those costs through immediately, residential co-op customers will have seen a 16 percent increase in their electricity rates since Jan. 1. That’s a really steep increase, but Johnson notes ODEC will collect the full amount of the excess cost by Jan. 1, 2023. 

ODEC’s increase for six months is almost four percentage points lower than the increase Dominion would impose for 12 months if it were to collect its full $1 billion in the shortest time possible. Johnson said ODEC engages in a hedging strategy that acts like an insurance policy to limit the effect of fuel price volatility, and that this strategy has saved their ratepayers hundreds of millions of dollars.

So hedging and long-term contracts can smooth out fossil fuel volatility, but rates are going up everywhere in Virginia. The lesson is clear enough: “cheap” fracked gas was a bad bargain. Our utilities should have been building wind and solar over the last several years to protect us from fossil fuel price volatility, rather than waiting for the General Assembly to force them to act. 

Going forward, the more we invest in wind and solar, the more price stability we will have in our electricity rates, and the less we will have to worry about high fossil fuel prices in the future.  

This article originally appeared in the Virginia Mercury on July 18, 2022. I’ve corrected information for Utah.

*EIA’s webpage lists each state’s average residential price of electricity per kilowatt-hour, but finding the fuel mix for each state requires looking up each one separately. For those of you who like to dive into these details, I’ve assembled the information for you. Note that most of EIA’s data is for 2021, but some state data is for 2020. Unfortunately this includes Virginia.

StatePrice cents/kWh% REsource of RE
Virginia12.837biomass, hydro, solar
Idaho9.8674mostly hydro
Washington10.1275mostly hydro
North Dakota10.4840mostly wind
Utah10.6615mostly solar
Montana11.0052mostly hydro
Wyoming11.0619mostly wind
Nebraska11.1128mostly wind
Oregon11.2268mostly hydro, some wind
Missouri11.5412mostly wind
Arkansas11.7510mostly hydro
Louisiana11.984biomass
South Dakota12.0382wind, hydro
Iowa12.0960almost all wind
North Carolina12.2616mostly solar and hydro
Oklahoma12.3845mostly wind
Kentucky12.637hydro

Dear readers: Many of you know that although I write independently of any organization, I also volunteer for the Sierra Club and serve on its legislative committee. The Sierra Club’s Virginia Chapter urgently needs funds to support its legislative and political work towards a clean energy transition. So this summer I’m passing the hat and asking you to make a donation to our “Ten Wild Weekends” fundraising campaign. Thanks!

If you can’t beat ‘em, join ‘em? Dominion Energy now selling residential solar

Sierra Club members talk to Richmond homeowner Kevin Ciafarini about his experience with solar.

Dominion Energy never used to be happy about customers producing their own energy from solar. “Hostile” is more the word that springs to mind. The company has traditionally seen privately owned solar arrays as competition: The more solar panels people put on their roofs, the less electricity they buy from their utility.

But Virginia has long allowed net metering, and in 2020 our General Assembly came down firmly on the side of customers by expanding opportunities for onsite solar. Consumers responded with the enthusiasm legislators hoped for. Industry statistics show annual residential solar installations in the commonwealth roughly tripled from 2019 to today. 

If you can’t beat ‘em, join ‘em. Virginia homeowners and businesses in the market for a solar array can now buy it from a wholly-owned subsidiary of Dominion Energy called BrightSuite. The BrightSuite website touts some of the same customer benefits that solar advocates have been pointing out all these years: consumer savings, carbon reductions, stable electric bills. And why shouldn’t Dominion sell solar? As the website declares, “We embrace change with a commitment first and foremost to meet our customers’ evolving energy needs.”

Well, amen to that! With climate chaos impacting people’s lives and high fossil fuel prices driving up utility bills faster than the rate of inflation, customers’ energy needs certainly have evolved, and they do now include onsite solar arrays. We just didn’t expect to hear that from Dominion. 

But that’s okay, we welcome latecomers! Moreover, while Dominion’s entry into the residential market will make some people uneasy, it could goose demand, growing the distributed solar market for everyone while pushing out the price-gougers.   

First, though, let’s address that unease. Having an affiliate of the local utility compete for a homeowner’s business puts independent installers at a definite disadvantage. Dominion has a much broader marketing reach, and BrightSuite’s use of the Dominion name carries an implied promise of trustworthiness. In a market crowded with competitors, name recognition and the assurance that a company isn’t going away any time soon are distinct advantages. 

But Dominion’s entry into the retail solar business could ultimately be good for independent installers. Dominion doesn’t do anything inexpensively, and its home solar offering appears to be no exception. If Dominion persuades more customers to look into home solar, and those customers then comparison shop, companies that can offer a better deal will get more business.  

Sarah Vogelsong recently wrote about a project of the HR Climate Hub, which solicited quotes from solar installers for the same single-family home in order to compare prices and service, and to flag potentially predatory sellers. The website offers helpful advice to Virginia homeowners about how solicit and compare offers. It also lists prices and terms from a dozen companies, ranging from a low of $2.10 per watt from Tesla to a high of $5.62 from Power Home Solar. Two small, well-regarded Virginia Beach installers submitted bids of $2.80 and $2.85. BrightSuite’s quote (added after the Mercury article ran) came in at $3.25. 

HR Climate Hub’s figures square with information from the Solar Energy Industries Association, which provides advice for consumers and tracks the average cost of residential solar systems through a service called SolarReviews. According to the website, “As of Jun 2022, the average cost of solar panels in Virginia is $2.66 per watt making a typical 6000 watt (6 kW) solar system $11,797 after claiming the 26% federal solar tax credit now available.”

I asked HR Climate Hub for additional information about the BrightSuite quote and was glad to learn the company uses high quality REC solar panels that carry a 25-year warranty, along with microinverters made by Enphase, a top-quality American company. So, no bottom shelf components here. However, the quote did not mention warranty or maintenance information for the installation work. These do not appear on the BrightSuite website either, apart from a one-year performance guarantee. 

It goes without saying that anyone investing thousands of dollars on a major home improvement should shop around, compare prices, and read warrantees. Prices listed on HR Climate Hub and SolarReviews are a good starting point. Where available, bulk purchase programs like those offered by Solarize NoVa and Virginia Solar United Neighbors provide discounts as well as expert advice. 

But it wouldn’t be surprising if even well-informed consumers choose to pay a premium to get a solar installation from BrightSuite simply because the company is associated with their utility. Name recognition goes a long way in marketing, and a lot of customers will want the security of knowing Dominion Energy isn’t likely to take the money and disappear into the night. With this marketing advantage, I expect BrightSuite will quickly emerge as a market leader in spite of its higher-than-average price. 

Ultimately, however, Dominion’s entry into the market may grow the pie for everyone. Homeowners who have held back from installing solar because they don’t know who to trust may feel confident enough to call BrightSuite. Once they have one quote, many will comparison shop.  

At the very least, Dominion’s entry into the home solar market should set a price ceiling. Why would anyone pay $5 per watt or more for a solar array from a company they probably don’t know anything about, when they could get $3.25 from their utility? Price gougers, beware: your time here is up.

This article appeared in the Virginia Mercury on June 17, 2022.

Dear readers: Many of you know that although I write independently of any organization, I also volunteer for the Sierra Club and serve on its legislative committee. The Sierra Club’s Virginia Chapter urgently needs funds to support its legislative and political work towards a clean energy transition. So this summer I’m passing the hat and asking you to make a donation to our “Ten Wild Weekends” fundraising campaign. Thanks!

West Virginia wants to raise Virginia power bills

photo of mountain scraped of soil for coal mining
Under the West Virginia order, customers will pay more to support the state’s coal industry. Sierra Club photo.

Most people are aware by now that inflation has hit the energy sector hard, with fossil fuels in particular skyrocketing in price over the past year. 

Dominion Energy Virginia, the state’s dominant utility, says it needs to charge residential customers an extra $14.93 per month on average to cover higher natural gas prices. Appalachian Power, which serves Southwest Virginia as well as West Virginia, has already asked the West Virginia Public Service Commission for permission to increase residential bills by an average of $18.41 to cover higher coal and gas prices, and is likely to seek a similar increase from Virginia customers this summer.  

But for residents of Southwest Virginia, that could be just the beginning of the rate increases: West Virginia wants to force APCo customers to pay even more, and not just in West Virginia. If the West Virginia PSC has its way, Virginia customers would have to shoulder their “share” of the cost of propping up two money-losing West Virginia coal plants. 

The PSC’s order of May 13 reiterates previous instructions to APCo to keep its West Virginia coal plants running at least 69 percent of the time, even when the plants lose money. This decision comes on top of a decision in October of 2021 allowing APCo to charge customers for hundreds of millions of dollars in costs to prolong the life of these coal plants out to 2040. An expert hired by the Sierra Club found it would cost up to $1.1 billion more to keep the plants operating until 2040 instead of retiring them in 2028. 

For Virginia customers, the problem is that these West Virginia coal plants, Amos and Mountaineer, also provide electricity to Southwest Virginia, so Southwest Virginia residents have to pay for them. Even before the fuel price spikes of the past year and a half, APCo wanted to charge its Virginia customers for the upgrades approved by the West Virginia PSC. The company will certainly also want Virginians to pay for the even higher costs that will follow from the 69 percent run requirement.

Virginia’s State Corporation Commission has so far held off on approving the millions of dollars that would be Virginia’s share of the costs to upgrade Amos and Mountaineer. But with the West Virginia PSC plowing ahead to support its state’s favored industry, it’s not at all clear the SCC will stand its ground. 

APCo’s study claims that closing Amos and Mountaineer will cost ratepayers more than keeping them open, ensuring there will be a battle of the experts come the September hearing. The study is opaque in its methodology and reasoning. But APCo almost certainly didn’t assume the plants would have to run 69 percent of the time regardless of market conditions, and it probably also didn’t factor in today’s sky-high fossil fuel costs that further support retiring the coal plants and investing in cheaper, price-stable wind and solar.

Obviously, the biggest losers here are West Virginia residents. They will bear the largest share of these costs, one more price of living in a state run by fossil fuel oligarchs.

In an alternate universe, West Virginia would have developed an economy that took advantage of its extraordinary natural beauty, one based on small farms, four-season tourism, artist enclaves and vacation homes: think Vermont but with better weather. Instead, fossil fuel and mining barons bought up mineral rights, paid off politicians, and despoiled vast swaths of the state, leaving most residents dependent on dirty jobs or piecing together a living from low-wage work. 

I’m rooting for West Virginia to change course for a post-coal world, but that’s not easy for a state where politicians, bureaucrats and industry conspire to maintain the power of extraction industries. Virginians, however, shouldn’t be forced to enable this misuse of power. The SCC should reject West Virginia’s effort to make Virginia customers pay to prop up West Virginia coal.

This article originally appeared in the Virginia Mercury on June 10, 2022.

Dear readers: Many of you know that although I write independently of any organization, I also volunteer for the Sierra Club and serve on its legislative committee. The Sierra Club’s Virginia Chapter urgently needs funds to support its legislative and political work towards a clean energy transition. So this summer I’m passing the hat and asking you to make a donation to our “Ten Wild Weekends” fundraising campaign. Thanks!

Not a great time to roll out Dominion’s pricey solar tariff

Photo by Pixabay on Pexels.com

Well, that didn’t take long.

A few weeks after I wrote about rising natural gas prices, Dominion Energy Virginia asked the SCC for permission to raise the price of electricity by about $9 per month for the average residential customers, citing higher fuel costs. Virginia law allows utilities to pass through its fuel costs to customers, without a profit margin, making it unlikely the SCC will turn down the request. Natural gas is Dominion’s largest fuel source, so its electricity rates are highly vulnerable to price swings in the market for fracked gas.

That makes this a really peculiar time for Dominion to launch a new solar energy purchase option that will add about $20 per month on average for customers who elect to meet their entire electricity demand with solar, without exempting them from the coming bill increase due to higher gas prices. If the company were trying to discourage people from signing up for its solar product, it could hardly have chosen a better time. The fact that the company delayed the launch of this program for more than three years, only to offer it now, makes it all the more suspect.

Dominion’s solar option, confusingly (and wrongly) called “Community Solar” is the product of legislation passed in 2017, three years before the General Assembly authorized private solar developers to sell to Virginia customers. The 2020 legislation dubbed the private program “shared solar,” and it remains mired in SCC rulemaking.

But Dominion Community Solar is different. As I wrote back in 2018, when the SCC approved the program (and its launch seemed imminent), this program is really a solar tariff. Dominion generates electricity from solar and puts it on the grid, and customers who want to run their homes and businesses on solar pay extra on their bill.

As part of the deal, participants also get the renewable energy certificates (RECs) associated with the solar energy. That prevents Dominion from selling the RECs to anyone else or using them to show compliance with Virginia’s new renewable portfolio standard (RPS). This is important to avoid double-counting and ensure that solar paid for by the voluntary market is in addition to the solar developed to serve customers under the RPS.

The $20 premium for the program will sound unreasonably high to people who have experience with community solar in other states, where it is typically offered at a discount to regular grid power. In many states, private developers build the solar facilities and sell the output to participants. The rate is typically fixed for many years, because solar has low O&M costs and uses no fuel. Customers still pay their utility for transmission and distribution, but the community solar fee replaces utility-delivered generation rates. Accordingly, participating customers are insulated from price increases due to higher natural gas (or coal) costs.

That is not Dominion Community Solar. Dominion’s program requires customers to pay for all the utility’s costs of running its generating plants and purchasing fuel and paying for rate adjustment clauses (RACs), including those for new renewable energy facilities that serve the entire rate base and RECs bought for the RPS. These solar-only customers will also have to pay Dominion’s costs for buying carbon allowances in the RGGI market, which the company incurs as a result of generating power from fossil fuels. (Dominion is hoping Governor Youngkin will succeed in pulling Virginia out of RGGI and has suggested shifting compliance costs from riders to base rates in the meantime, clearly as a way to mitigate the rate increase due to high gas prices.)

Dominion Community Solar customers will pay for all these costs of fossil fuel generation, and the cost of Dominion building renewable energy facilities for all its other customers. And then on top of all that, they will pay an extra $20 per month.

Let’s leave aside the question of whether $20 is even a fair premium for a solar tariff. Ultra-high gas prices, RPS riders and RGGI compliance costs are all new since the SCC authorized Dominion’s program in 2018. It’s hard to imagine the SCC agreeing today that program participants should pay all these costs in addition to the cost of developing community-sized solar arrays.

But something else has changed too: The shared solar legislation passed in 2020 promised customers the alternative of being able to buy solar from a third-party provider, unhooking participants from the roller-coaster ride of fossil fuel prices. As I noted before, though, shared solar is mired in proceedings at the SCC, where Dominion is seeking to impose such high fixed costs on participants as to make the program impossible to offer.

Right now, Dominion has an SCC hearing examiner mostly on its side.

If the SCC commissioners accept the hearing examiner’s recommendations, that could spell the end of shared solar—or at any rate, make Dominion’s $20 look good by comparison.

This article originally appeared in the Virginia Mercury on May 16, 2022.

Dear readers: Many of you know that although I write independently of any organization, I also volunteer for the Sierra Club and serve on its legislative committee. Today, the Sierra Club’s Virginia Chapter urgently needs funds to support its legislative and political work towards a clean energy transition. So for the first time I’m passing the hat and asking you to make a donation to our “Ten Wild Weekends” fundraising campaign. And if you’re free on June 12, come join the Solar Walk in Richmond that I’ll be co-leading!

A historic turning point: solar beat coal in Virginia in 2021

Photo by Activ Solar via Wikimedia Commons.

It had to happen sometime, but even staunch supporters of Virginia’s transition to clean energy might not have expected this so soon in a former coal state. The precipitous decline of coal as a fuel source, and the rise of solar energy as the new “fuel” of choice, resulted in solar facilities producing more electricity than coal did in Virginia over the course of 2021. 

Using Energy Information Agency data, the Weldon Cooper Center at the University of Virginia produced these two graphs. Bill Shobe, the center’s director of economic research, says Virginia generated 3,365 gigawatt-hours (GWh) of electricity with solar and 3,130 GWh with coal. 

Only three coal-fired plants remain in Virginia: Chesterfield (slated for retirement), Clover, and Virginia City. All have capacity factors in the ‘teens, meaning they are idle most of the time. They now run only during the coldest months of winter and the hottest months of summer (producing the spikes you see in the month-by-month graph), and all are under economic pressure to close for good. In addition, Dominion Energy owns the Mt. Storm coal plant just over the border in West Virginia that runs about 42 percent of the time. 

What new Virginia laws reveal about how the natural gas industry sees its future 

Natural gas is having a moment. The war in Ukraine spotlighted Europe’s heavy reliance on Russian gas and the challenge of replacing it with new supplies from elsewhere. Suddenly the Biden administration, after talking so much about the need to get off fossil fuels, wants to expand oil and gas production and boost exports of liquified natural gas. 

The president still intends to address the climate crisis, just not right now. The sudden shift brings to mind St. Augustine’s prayer: “Lord, make me virtuous, but not yet!”

Don’t be fooled, though. In fact, natural gas is facing an existential crisis. Back when it was cheap, it wasn’t profitable; now that prices are high, U.S. consumers have better alternatives. Europeans will want to import our expensive LNG only until they have other options. Today’s tight supplies obscure the big-picture reality that the gas industry is in the fight for its life. 

The fracking industry likes to bill its product as the cleaner and cheaper alternative to coal in generating electricity. And indeed, advances in fracking technology produced a years-long glut of gas, driving prices so low that gas overtook coal as the top fuel in U.S. power generation beginning in 2015. Gas made up 38.3 percent of electricity in 2021 compared to coal’s 21.8 percent. 

But competition from ever-cheaper wind and solar have stalled the gas industry’s growth in the power sector. Today utilities are more interested in building renewable energy and battery storage than new gas plants. Natural gas was projected to make up only 16 percent of new U.S. electricity generating capacity in 2021, compared to 39 percent for solar and 31 percent for wind. 

High prices will exacerbate this trend. Natural gas prices today are higher than at any time since 2008, having more than trebled in just the past two years. The rise began well before the war in Ukraine, and now international market demand has pushed it higher. This is good for fracking companies that spent the last 10 years losing money, but from a utility’s perspective, price-stable renewables just look better and better. 

Graph of 5 years of natural gas prices in US dollars.
Natural gas (USD/MMBtu) https://tradingeconomics.com/commodity/natural-gas

Fortunately for the gas industry, making electricity is just one use for its product. Methane remains the dominant fuel for heating buildings, with about half of U.S. homes and businesses using it for space heating, water heating, cooking and other appliances. It is also a feedstock for many industrial operations, including fertilizer and plastics manufacturing. Protecting the first use, and expanding the second, are critical to staving off obsolescence. 

That explains three pieces of legislation passed in Virginia in the past two years, all modeled on bills enacted in other states. One, which I’ll discuss in a minute, originally would have prohibited local governments from banning new gas connections within their jurisdiction, protecting the industry’s access to new retail customers. Another sets up a way for gas companies to include methane from pig waste lagoons and other non-fossil sources in their pipelines, allowing them to claim green credit — and subsidies — for marketing what they call renewable natural gas. 

Finally, 2021 legislation promotes “advanced recycling” of waste plastics — using a process called chemical conversion to turn plastic into other plastic or into fuel and then burning it — in part to forestall efforts to phase out single-use plastics like Styrofoam food containers and plastic bags. As a technology, chemical conversion is inelegant, being energy-intensive and highly polluting. As a business, the economics are questionable (and the main company benefiting from the law canceled plans for a facility in Virginia). But as PR, the reframing is brilliant. Why not expand plastics production forever if we can turn the waste into fuel or new plastic?

Indeed, the success of the law can be seen in Gov. Glen Youngkin’s new executive order ostensibly promoting recycling while overturning a previous order from Ralph Northam that required executive agencies to give up single-use plastics by 2025. General Assembly members are also falling for the propaganda, proposing via the state budget to delay the ban on polystyrene food containers that was to have taken effect beginning next year. 

Banning the bans: the gas industry fights building electrification

RNG and plastics are important for the gas industry, but protecting its market share in the building sector is central to its future. Ultimately it is doomed to failure. All-electric buildings are a requirement for a fully decarbonized economy, and their health and safety advantages make a compelling case for localities that want to help meet climate targets by preventing new homes from being connected to gas lines. Some cities in solidly blue states have banned new gas hook-ups; elsewhere, red state legislatures are passing laws to ban the bans.

Public support for these bans will grow as people learn more about the hazards of using gas in their homes. Read enough stories about methane leaking from underground pipes and in homes (and occasionally exploding and setting fire to buildings), or about the health impacts of indoor air pollution from gas heaters and stoves, and you may wonder why we ever thought it a good idea to have open flames in our homes. Yet once a house is built with a gas furnace and appliances, it is much harder for a homeowner to go all-electric. 

To be clear, though, no Virginia jurisdiction has sought to ban gas connections, and it’s not clear whether they could do so in a Dillon Rule state like Virginia. Right now, a law to keep them from doing so sounds a little on the hysterical side, like prohibiting people from walking tigers off-leash. 

Indeed, the proponents of HB1257 could cite only a much narrower threat. The City of Richmond recently committed itself to achieving net zero greenhouse gas emissions by 2050. Unlike almost any other city in Virginia, Richmond owns a gas utility that serves its residents and businesses. Sometime in the next 28 years, if the city is serious, it will have to sell the utility or shut down gas service, forcing customers to look elsewhere if they want gas. 

The gas industry and its industrial customers used this far-off threat as a pretext for a Virginia ban-the-ban bill. In its original form, HB1257 (Kilgore) declared it the right of every person to access natural gas, calling this “energy justice,” and explicitly forbidding any public entity from doing anything to interfere with this sacred right. (Oh, except that gas utilities don’t have to supply gas even to willing customers if they can’t make money doing so, and they are free to cut off service to anyone who can’t pay their bills. Justice stretches only so far as profit permits.) 

The Republican-led House passed the whole bill, but the Democratic-led Senate pared it back to deal just with a locality that gets out of the gas utility business, requiring that it give three years’ notice and try to sell or auction off the utility. The final version omits the “energy justice” language that was such an inspiring tribute to George Orwell, but it solves the “immediate” problem in Richmond. 

But it’s not likely that we have seen the end of legislative efforts in Virginia to ban local restrictions on natural gas connections. The gas industry needs to lock in new customers now, because its future is looking very bleak indeed. 

This column originally appeared in the Virginia Mercury on April 21, 2022.

Is offshore wind expensive? Not compared to the alternatives

offshore wind turbines

A massive wind farm 27 miles off the coast of Virginia Beach moved one giant step closer to reality last November when Dominion Energy filed its Coastal Virginia Offshore Wind development plan with the State Corporation Commission. Dominion expects to begin construction on CVOW in 2024, and have all 2,587 megawatts of power connected to the grid in 2026.

But the wind farm’s price tag of $9.8 billion, and its $87 per megawatt hour levelized cost of electricity (LCOE), is causing heartburn over at the attorney general’s office. Scott Norwood, an expert for the Division of Consumer Counsel, criticized the project on three main grounds: that the cost of building CVOW is more than building a new nuclear reactor and 2-3 times as much as building solar facilities; that Dominion has overstated the benefits of the project; and that in any event, Dominion doesn’t need the energy before at least 2035. 

Recognizing that the General Assembly already made most of these points moot by declaring the project to be in the public interest, however, Norwood also recommended the SCC adopt consumer safeguards including periodic status reports and cost oversight. 

Anyone familiar with Dominion’s tendency to pad profits will say “Amen” to the call for strict SCC oversight. With a project this huge, the SCC must be especially vigilant.  Some of Norwood’s criticisms, however, seem more calculated for effect, while others miss the point. 

Norwood certainly knows his comment that CVOW is more expensive than nuclear is not true. The price tag of the only two nuclear reactors under development in the U.S. has ballooned so high ($30 billion and counting) that it almost makes Dominion’s former dream of a third nuclear reactor at North Anna look good. Norwood’s own devastating testimony likely helped kill the North Anna 3 project, which would have delivered electricity for $190 per megawatt-hour.

Norwood says Dominion has fudged the CVOW numbers and the project will cost customers more than the company admits, but still, Dominion would have to gold-plate every turbine before it could touch the cost of nuclear. 

This wasn’t the first time the General Assembly put its thumb on the scale for a Dominion project. The habit goes back to 2008, when a Dominion coal plant, the Virginia City Hybrid Energy Center, became the first project legislatively deemed “in the public interest.” Even back then its projected levelized cost of electricity was $93/MWh. Today, VCHEC loses so much money for customers that Dominion faces pressure at the SCC to close the plant. 

For that matter, I also see that my latest electricity bill from Dominion includes a non-bypassable charge for coal ash disposal of $5.68—an amount that exceeds the charges for participation in RGGI, new solar projects and the RPS program, combined. Pollution is also a cost of using fossil fuels, but it’s never included in the LCOE. 

Mr. Norwood did not suggest Dominion pursue new nuclear or new fossil fuel plants instead of offshore wind. If Dominion needed new generation, he says, solar is the low-cost alternative. It’s cheaper to build, and it produces electricity at a lower cost than offshore wind. He’s right: if all you cared about was LCOE, no one would build anything but solar in Virginia. 

But as critics never tire of pointing out, solar can’t provide electricity 24/7. Offshore wind has a hidden superpower: while solar production peaks in the middle of the day, the wind off our coast can produce electricity both day and night, is often strongest in the evening when demand rises, and is stronger in the winter when solar is less productive. Solar and offshore wind are complementary, and we can’t get to a carbon-free grid without both. So yes, we need CVOW.

Virginia’s leaders are also taking the long view on cost. In any new industry, early projects are more expensive than later ones. Europe’s 30 years of experience developing an offshore wind industry shows costs fall steadily as project experience and new technology enable developers to produce more energy with fewer turbines. States up and down the East Coast are pursuing offshore wind projects not only because they want clean energy, but because they expect these early investments to lead to lower-cost power as the industry achieves scale. 

State leaders also see economic development and job growth as important benefits, and those aren’t reflected in LCOE either. This is another area where SCC oversight can ensure the greatest public benefit from CVOW. Testimony filed by a Sierra Club expert urges that Dominion’s economic development plan be revised with specific metrics around the VCEA’s goals for diversity, equity and inclusion in the offshore wind workforce. Like reducing pollution, creating jobs for residents from low-income and minority communities adds to CVOW’s overall value.

Having criticized the VCEA’s overly-generous cost cap myself at the time, I agree with the AG’s office that the SCC has to keep a tight watch on expenses as Dominion moves forward with CVOW. But move forward it should, because Virginia needs offshore wind. 

This commentary originally appeared in the Virginia Mercury on April 1, 2022.

Dominion’s proposed charge for solar program is absurdly high

Solar panels are well suited to the flat roofs of apartment buildings like this one in the Bronx, but they remain a rarity in Virginia despite a new law designed to open the market. Photo by Bright Power, Inc. – U.S. Department of Energy from United States, Public domain, via Wikimedia Commons

A Dominion Energy customer wrote me recently to ask what her condo association could do to go solar. The building’s roof can hold many more solar panels than needed to power the needs of the common area. Is it possible to sell the excess electricity to individual residents to power their units?

I get this question a lot, and in 2020, the Virginia General Assembly tried to change the answer from “no” to “yes.” As part of the Solar Freedom legislation, the State Corporation Commission was tasked with creating a shared solar program for residents of multifamily buildings like condominiums and apartment buildings, with orders to make the program available beginning in January 1, 2021. In other words, it ought to be available today.

And yet I still have to tell people they can’t do it now, and may not be able to ever, unless the SCC changes course. Would-be customers will have just one final chance this month to try to save the program. On March 25, the SCC will take public testimony at an evidentiary hearing to address the seemingly simple question threatening the viability of the Multifamily Shared Solar Program. The law allows Dominion to collect an administrative fee from customers who participate in the program. How much should that be? 

An administrative fee doesn’t sound like it could be enough to stall a program for more than a year, let alone deep-six it altogether. Dominion’s role in the Multifamily Shared Solar Program is limited to doing the accounting to make sure every unit gets credit for the share of the electricity the resident buys. That shouldn’t cost very much—perhaps a buck or two per month per customer. 

Yet Dominion proposes to impose an administrative fee of more than $87 per month—a charge so absurdly high that it would result in participants paying far more for electricity generated on the roof of their building than for the electricity Dominion delivers to them from elsewhere in the state. The SCC temporarily stopped the utility from implementing that fee, but it also stacked the deck to make a high fee almost inevitable. 

And that’s a program killer. Rooftop solar is still a lot more expensive than large, offsite solar facilities, so keeping fees low is critical to making the economics work. It’s also a matter of equity. Owners of single-family homes with rooftop solar benefit from Virginia’s net metering program, which guarantees them a one-for-one credit for any surplus electricity generated. Multifamily residents deserve something similar.

Indeed, the entire point of putting the Multifamily Shared Solar Program in Solar Freedom—a law otherwise focused on removing barriers to net metering—is to benefit Virginians who’ve been shut out of the solar market because they don’t own their own roofs. Renters in particular are more likely to have lower incomes than owners of single-family homes, so making the program available to them is important to the goal of reducing the energy burden on low- and moderate-income residents and ensuring that the transition to clean energy benefits people at all income levels.

I’m not just guessing about the intent behind Solar Freedom. I know the point is to offer residents of multifamily buildings an analog to net metering because I wrote most of the legislation as it was introduced, in collaboration with allies in local government and the legislators who introduced it. We wanted building owners and occupants to be able to work together to install onsite solar, free of SCC meddling and without the utility demanding a cut of the action. 

But as so often happens with legislative sausage-making, the bill changed as it went through negotiations and emerged from committees. The SCC was charged with developing a formal program, and Dominion was given a role in administering it. Yet the new language made clear that the original purpose remained. The SCC is to write regulations that “reasonably allow for the creation and financing of shared solar facilities” and “allow all customer classes to participate in the program, and ensure participation opportunities for all customer classes.” 

The legislation provides for participants to be credited on their utility bills with their share of the electricity generated by the solar panels. The SCC is to make an annual calculation of the bill credit rate “as the effective retail rate of the customer’s rate class, which shall be inclusive of all supply charges, delivery charges, demand charges, fixed charges and any applicable riders or other charges to the customer.” To the definition of “bill credit rate” is added the admonition that the rate “shall be set such that the shared solar program results in robust project development and shared solar program access for all customer classes.” 

This language is consistent with a goal of putting multifamily buildings on par with single-family homes in making rooftop solar affordable. But, unlike the original legislative language, and unlike the rules of net metering, the final version of Solar Freedom instructs the SCC to “allow the investor-owned utilities to recover reasonable costs of administering the program.” 

And that’s the opportunity Dominion wants to exploit. As soon as the SCC began the process of writing rules for the Multifamily Shared Solar Program, Dominion advanced the claim that the administrative fee should be based on essentially all of the costs of operating an electric utility. Instead of the multifamily program mirroring net metering, Dominion took as its model a larger program under a very different law. The Shared Solar legislation, also passed in 2020, creates a program for community solar facilities that can be onsite or offsite, can serve many more customers anywhere in Dominion’s territory, and can even be carved out of a utility-scale solar facility. The shared solar law specifically allows Dominion to charge most customers a “minimum bill” with a list of components, and also an “administrative fee.” 

Things aren’t going well for the Shared Solar program at the SCC. A hearing examiner recently recommended the commission adopt a minimum bill of more than $55, based on an SCC staff recommendation. It did not trouble the hearing examiner or the staff that the number puts the cost of shared solar above the cost of Dominion’s own electricity, a program killer according to community solar developers.

But cramming the minimum bill elements into the multifamily program’s administrative fee would be an even greater blow to a program whose economics are already constrained by the smaller size of onsite projects. It also seems obvious from a plain reading of the two laws that the General Assembly did not intend to burden multifamily residents with the fees it authorized for the Shared Solar participants.

Unfortunately for customers, the SCC approved the cramming in concept last July, ignoring this plain legislative intent. Based on that, SCC staff proposed options for the administrative fee of either $16.78 or $57.26, with the higher fee using the same reasoning that just led to the hearing examiner’s $55 recommendation in the shared solar program. 

The SCC ought to reject these numbers and instead adopt the dollar or two that running the multifamily shared solar program will actually cost Dominion. But to do so, commissioners will have to reverse their earlier, egregious decision and embrace what seems to be (for them) the novel concept that the General Assembly intended the plain meaning of its words. Only then will residents of multifamily buildings gain their solar freedom. 

Note: those wishing to testify at the SCC hearing must sign up by March 22.

This article originally appeared in the Virginia Mercury on March 10, 2022.

Looking backward, Virginia Republicans attack climate action and coddle coal

Photo credit: Mark Dixon from Pittsburgh, PA, CC BY 2.0 , via Wikimedia Commons

Even before taking office, Governor Glenn Youngkin made two rookie mistakes: he declared his intention to pull Virginia out of the Regional Greenhouse Gas Initiative (RGGI) by executive order, not realizing it can only be done by legislation; and he nominated the much-reviled Trump-era EPA chief Andrew Wheeler to be his Secretary of Natural Resources, apparently unaware the appointment would need approval from the Democratic-led Senate he had just infuriated with the RGGI announcement. 

Evidently not a man to admit a blunder, on his first day in office Youngkin signed an  executive order directing the Department of Environmental Quality to notify RGGI of his intent to withdraw Virginia from the carbon-cutting program, and to develop an “emergency regulation” to send to the Air Pollution Control Board for the same purpose. The language in the order is a little less than he pledged, and yet still not legal.

These are unfortunate signs that Youngkin, who ran for governor as a moderate Republican, intends to govern as a burn-the-house-down extremist when it comes to the environment. 

It’s surprising to see Youngkin pursuing Trumpist energy policies, and not just because they failed so dismally when Trump tried them. As the former CEO of a multibillion-dollar private equity investment company, Youngkin is, presumably, not an idiot. He has acknowledged climate change is real and affecting Virginia, and he has access to the same polls the rest of us do that show Americans are concerned and want government action to address the crisis. Corporate America is also calling for action; CEOs of more than 70 of the world’s largest corporations wrote a letter last June calling on governments to adopt policies capable of capping the global rise in temperature at no more than 1.5 decrees Celsius. 

The legislation that put Virginia into RGGI will lead to a 30 percent cut in the Commonwealth’s electric sector CO2 emissions by 2030. Companion legislation, the Virginia Clean Economy Act (VCEA), extends the carbon cutting out to 2050, to hit zero carbon emissions from the electric sector. Youngkin complains that RGGI costs ratepayers money, but it’s not like the money raised through carbon allowance auctions disappears into the ether: it pays for coastal flood-control projects and low-income energy efficiency programs that Virginia wasn’t funding before. Maybe Youngkin intends to replace these hundreds of millions of dollars with some of the federal funding coming to Virginia through the federal infrastructure bill—you know, the legislation that Virginia’s Republican congressmen voted against

Or maybe he doesn’t really care about the human consequences of his actions, since Virginia governors can’t run for reelection. Even last fall Youngkin was being talked about as a potential presidential candidate based on his ability to say nothing of substance for an entire campaign season. It was a good trick, but it’s a hard one to pull off twice. If Youngkin runs for president, he’ll be doing it as the guy who started his governorship by torching Virginia’s climate action plan.

Whether they are fellow flame-throwers or not, General Assembly Republicans are rallying around the new governor. Two bills filed last week seek to do legally what Youngkin wanted to do by executive fiat. SB532 (Stuart) and HB1301 (Kilgore) would repeal the Clean Energy and Community Flood Preparedness Act, direct DEQ to suspend the Commonwealth’s participation in the Regional Greenhouse Gas Initiative and remove provisions for using revenues from the auctions. 

SB81 (Stanley) would prohibit the Air Pollution Control Board from considering health, environmental, scientific, or economic factors when making regulations—an attack on both RGGI and clean car regulation, as well as on the independence and very mission of the Air Board. SB657 (Stuart) also attacks the Air Board’s authority (and that of the Water Board for good measure).

HB118 (Freitas) goes bigger. It repeals key features of the VCEA, including achieving zero carbon emissions by 2050; allowing the SCC to approve new fossil fuel plants only if a utility has met energy-saving goals and can prove cost-effectiveness; allowing utilities to recover costs of compliance with Virginia’s new renewable portfolio standard; and making wind, solar and offshore wind projects “in the public interest,” magic words that assure utilities they will get paid for making these investments.

The Freitas bill might pass the House, now that Republicans hold a slim majority, but neither of these two bills should pass the Senate with Democrats in charge. Creating the framework for the energy transition was a signature success for Virginia Democrats, and it’s hard to imagine a scenario in which they will let it be taken from them. 

That isn’t stopping other Republicans from taking their own shots. Several bills seek to undermine the energy transition in various ways; all of them are bad policy.

  • HB74 (also Ware) would subsidize certain large industrial customers by allowing them to share in the benefits, yet exempting them from the costs, of the energy transition, shifting their share of the costs onto all other customers. 
  • HB5 (Morefield) raids the RGGI funds to get money for his own district. 
  • HB892 (Kilgore) and SB398 (McDougle) subsidize RGGI costs for certain fossil fuel generators, another raid on the funds. 
  • HB1204 (Kilgore) prevents the RPS from taking effect until 2025 and guts the carve-out for distributed generation permanently. It also removes the authority of the Air Pollution Control Board over air pollution permits for “minor” sources of pollution.
  • HB1257 (Kilgore, on a roll!) guarantees customers access to natural gas in the name of “energy justice,” banning local electrification efforts, and making it really hard for the city of Richmond to terminate its gas utility.
  • HB1261 (Bloxom) also strips the Air and Water Boards of their permit-granting authority. 
  • HB73 (Ware) and SB761 (Sutterlein) eliminates language putting wind, solar and offshore wind in the public interest, undercutting the market certainty that put Virginia into the top ranks for solar energy in the past year and attracted a major offshore wind turbine blade manufacturing facility to Portsmouth. (The bill also lets the SCC put costs of new facilities into a utility’s rate base instead of tacking on a rate adjustment clause. If this were the only thing the bill did, it would be worth supporting.)

Not all the bills we are likely to see this year have been filed yet, so there is a good chance we will see further attacks on climate action, all with the pretense of saving money. I will continue updating this post when I hear of other bills like these. 

“Virginia is no longer anti-coal,” — new Virginia Attorney General Jason Miyares. 

Speaking of things that cost ratepayers money, bills to subsidize coal are back this year. As we have all learned, coal is no longer a competitive fuel in Virginia. It lost out first to fracked gas, and more recently to solar. But in a compromise with coalfields Republicans, the VCEA excluded one coal plant, the Virginia City Hybrid Energy Center (VCHEC) in Wise County, from a requirement that Dominion Energy Virginia close its Virginia coal plants this decade. In theory, VCHEC could stay open until 2045, when the VCEA requires Dominion to reach zero carbon across all its generation.

In reality, though, the reprieve isn’t enough to save the coal plant. Dominion’s own analysis, from its 2020 Integrated Resource Plan case, assigned VCHEC a net present value of negative $472 million just for the ten years from 2020-2029. Dominion didn’t try to extend that analysis out to 2045, but clearly the cost to customers from running a money-losing coal plant for 25 years would top a cool billion. Not surprisingly, the SCC is considering requiring Dominion to retire VCHEC to save money for its customers.

Given concerns about RGGI’s cost to consumers, you might think Southwest Virginia Republicans would lead the charge to retire the money-losing coal plant in their midst. You would be wrong. To understand why, it will help you to know that the counties making up Southwest Virginia are not in Dominion’s service territory, but in Appalachian Power’s. The people who benefit from keeping a coal plant open in Wise County are not the same people who have to pay for the plant’s spectacular losses. 

As an excuse to keep the plant open, coalfields Republicans claim it’s to help the environment. Yes, really. Some of VCHEC’s fuel is waste coal excavated from the piles of mining waste that litter the coalfields, a toxic legacy of the era when coal was king and environmental regulations went unenforced. Burning the waste coal is one way to get rid of it, though not the only way or, for that matter, the right way. 

As a new report from the Appalachian State School of Law discusses, the federal infrastructure bill (again, the same one Virginia Republicans voted against) will provide millions of dollars to Virginia to remediate abandoned minelands, including these piles of toxic waste. (The report, titled Addressing Virginia’s Legacy GOB Piles, has been sent to General Assembly members but is not yet available online.)

In a letter to Senator John Edwards, report lead author Mark “Buzz” Belleville expressed his strong disagreement with bills aimed at encouraging the burning of waste coal. As he wrote, “Waste coal is of lower quality, requiring additives for combustion and resulting in even greater CO2 emissions and traditional air pollution than newly-mined coal. As the report notes, existing GOB piles can be disposed of or remediated in other manners that do not undermine Virginia’s commitment to a transition to clean energy.”

Rather than use the coming federal funds to remediate GOB piles, Republicans would prefer that Dominion customers be forced to pay hundreds of millions of dollars in higher energy costs and put more pollution into the air. 

So at the same time they rail against the costs of RGGI and VCEA, Republicans are using waste coal as a reason to raise costs even more. 

  • HB656 (Wampler) dangles a tax credit for using waste coal. 
  • SB120 (Hackworth) and HB657 (Wampler) declare waste coal a “renewable energy” source and exempts VCHEC from the requirement that it close by 2045. 
  • HB894 (Kilgore) outright prohibits the SCC from requiring Dominion to retire VCHEC “before the end of its useful life.” (Would that be before or after Virginia becomes so hot we all move to Canada?)
  • HB1326 (Kilgore, trying everything he can think of) makes it “in the public interest” for utilities to use waste coal, and gives utilities a way to charge ratepayers extra for doing so.

Electricity customers had better get used to being used as a political football by legislators who attack the costs of the energy transition but have no qualms about making ratepayers subsidize coal. 

This post originally appeared in the Virginia Mercury on January 20, 2022. It has been updated to include bills filed since then.