Tag Archives: Virginia

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Now’s your chance: Virginia seeks public input on carbon rules

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Photo by Josh Lopez, courtesy of the Sierra Club.

Photo by Josh Lopez, courtesy of the Sierra Club.

On June 2 the U.S. EPA proposed a Clean Power Plan for the states, and now the Virginia Department of Environmental Quality wants to know what Virginians think about it. Starting July 22, DEQ is holding four “listening sessions” to get the public’s views:

  • Tues, July 22 in Wytheville, VA, Snyder Auditorium, Wytheville Community College, 1000 East Main Street, 5 PM to 8 PM.
  • Thurs, July 24 in Alexandria, VA, Meeting Room, John Marshall Library, 6209 Rose Hill Drive, 5 PM to 8 PM.
  • Mon, July 28 in Virginia Beach, VA, Auditorium, Virginia Beach Public Library, 4100 Virginia Beach Blvd., 5 PM to 8 PM.
  • Thurs, Aug 7 in Henrico, VA, Administration Board Room, Henrico County Govt. Center, 4301 East Parham Rd., 5 PM to 8 PM.

Depending on turnout, speakers may be limited to 3-5 minutes, though written testimony can be any length. Written comments can also be submitted to ghg@deq.virginia.gov.

The purpose of the listening sessions, according to DEQ, is to help the agency determine what comments it will file on the EPA plan, and how Virginia can implement the rules as they have been proposed.

The first question is one for the public—do we support EPA’s plan to cut carbon emissions? The answer, of course, is an emphatic yes. In fact, EPA’s proposal is too modest, and we can do better.

Carbon pollution affects everyone in Virginia: residents of coastal areas experiencing recurrent flooding and beach erosion due to sea level rise; farmers whose crops will suffer from higher summer temperatures and drought; people who have asthma or heart disease; the elderly, who suffer most during heat waves; and parents who want to leave a healthier planet for our children and grandchildren. DEQ needs to hear from all these residents.

DEQ’s second question is how we should go about cutting carbon. The EPA plan proposes a carbon budget for Virginia that would reduce our emissions by 38.5% over 2005 levels by 2030. It wouldn’t tell us how to do it, but outlines four broad categories of options:

  • Increasing the efficiency of existing coal plants to reduce carbon emissions;
  • Increasing utilization of existing natural gas-fired power plants;
  • Expanding the use of wind, solar, or other low- or zero-emitting alternatives; and
  • Reducing consumption through energy efficiency.

We may be able to do all of these, but the third and fourth categories offer the big opportunities. Virginia lags behind other states on energy efficiency, has so little solar that the industry trade groups haven’t bothered to track it, and has no wind power at all. As a result, we have a lot of low-hanging fruit to go after. So EPA’s 38.5% is readily achievable if we refocus our energy policies to support energy efficiency and zero-emission energy sources like solar and wind.

This is hardly a new theme, though the EPA plan gives it new impetus. For years environmental groups have argued to the State Corporation Commission, utilities and the legislature (and anyone else who will listen), that a sound energy policy for Virginia should include substantial investments in energy efficiency, solar and wind. That combination offers the most bang for the buck and provides the most benefit to Virginians in the way of clean air, jobs and business opportunities.

It’s been a hard sell; Virginia utilities make more money when they sell more power, so they don’t like efficiency measures that lower demand, and the SCC has always favored “cheap” energy, no matter what it costs us. EPA’s plan can help us overcome these barriers if Virginia adopts the right policies. These could take the form of an energy efficiency resource standard (EERS) and a law giving teeth to our renewable portfolio standard (RPS). Alternatively or in addition, we could join a regional cap-and-trade system that effectively puts a price on carbon, such as the northeast’s very successful Regional Greenhouse Gas Initiative.

If any of these are to become a reality, it will take public demand to make it happen. Even with carbon taking center stage now, there is room for utilities to carry us in the wrong direction. Dominion Virginia Power sees carbon regulation as an opportunity to develop nuclear power at ratepayer expense, in spite of the costs, the risks, the shortage of cooling water, and the lack of any long-term plan for radioactive waste. Expensive central power stations, heavily subsidized by the public but comfortably familiar to executives and lucrative for shareholders, remain Dominion’s top choice.

With Dominion using its cash and clout liberally in Richmond, its preference for more gas and more nuclear will carry greater weight with decision-makers than such an approach deserves. So if the public wants anything else, it had better speak up—and now’s the time to do it.

 

 

 

 

 

 

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What’s North Carolina got that we ain’t got? Solar.

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solar installation public domainRenewable energy advocates were delighted by the news last week that American University, George Washington University, and George Washington University Hospital, all in DC, have contracted to buy 52 megawatts of solar power from three projects to be built in North Carolina. The projects will be owned and operated by Duke Energy. It’s one of the biggest solar deals in the East, and puts the two universities and the hospital at the forefront of nonprofit institutions.

Many universities have been debating the merits of divesting their endowments from fossil fuels, an important but mostly symbolic move in the fight against global warming. But buying solar for campus operations and investing in solar projects on campus actually carries the ball forward. It reduces fossil fuel use, helps the solar industry grow, and supports local jobs.

Although in this case, the jobs aren’t local. The astute reader will have noticed that an entire state lies between the District of Columbia and North Carolina, but it got skipped over in this deal. A project like this one in Virginia would have about quadrupled our entire installed solar capacity to date. We, too, have under-utilized agricultural land and communities pining for new additions to their tax base, and we have solar installers working in every corner of Virginia. We could have done this. So what has North Carolina got that we ain’t got?

Pro-solar policies, for one thing. North Carolina offers a 35% tax credit that is driving the huge growth in solar in the state; North Carolina has about thirty times more solar than Virginia. The credit probably explains how the universities and the hospital could be promised a price for solar electricity that will be less than the price for regular “brown” power.

As word of this gets around, there will be a lot of other nonprofits looking at this deal and considering similar projects for themselves. North Carolina will see even more activity like this in the future—meaning it will continue to benefit from growth in the solar industry, creating jobs and bringing in new revenue.

North Carolina’s Duke Energy also seems to be more interested in developing solar in its home state than is Dominion Virginia Power. Duke is no angel—like Dominion, it uses its membership in the American Legislative Exchange Council (ALEC) to concoct attacks on customer-owned solar.

But Duke has signed on to own and operate the two universities’ projects, while Dominion busies itself complaining about other North Carolina solar projects.

Meanwhile, back in Virginia, Dominion brags that it intends to install an 800-kilowatt solar system on two buildings in Sterling. News reports put the price tag at $2.5 million, or $3.125 per watt, for what Dominion says will be the biggest rooftop solar installation in Virginia.

Of course, it’s only the state’s biggest rooftop system because Dominion’s customers face a 500-kW cap on the size of solar projects they can net meter under a Virginia law that Dominion fights hard to maintain. This low cap is one more barrier for Virginia.

And in its announcement, Dominion did not suggest the company harbors any actual enthusiasm for solar. In a carefully worded statement, Dominion’s vice president for customer solutions, Ken Barker, said the project “reflects Dominion’s commitment to understanding how solar power can fit into our generation mix,” and “will enable us to evaluate the benefits and study the impact of distributed solar generation on our electric grid.”

That “commitment to understanding” is a long way from a commitment to supporting a vibrant solar market in Virginia. That’s something we have yet to see from Dominion.

And in case you’re wondering, the project will be built by—ahem—a North Carolina developer.

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Governor McAuliffe gets his chance on energy and climate

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Virginia Sierra Club activists Tom Ellis and Ann Moore. Photo by Ivy Main

Virginia Sierra Club activists Tom Ellis and Ann Moore. Photo by Ivy Main

2014 is shaping up to be an exceedingly interesting year for energy policy in Virginia. The rewrite of the Virginia Energy Plan, the re-establishment of the Governor’s Climate Commission, and EPA’s just-proposed carbon rule create three separate pathways that will either intersect to form a coherent and coordinated state policy, or will take us into a chaotic tangle of competing agendas.

Add in the myopia of the State Corporation Commission and the control of the General Assembly by utility and coal interests, and we’ve got an unpredictable plotline here. All you energy watchers are going to want to stock up on popcorn for this show. Or better yet, become a player—read on to find out how.

First there’s the energy plan. Virginia law requires a new iteration every four years, with this year’s due October 1. To help with the work, Governor McAuliffe appointed the Virginia Energy Council two weeks ago. The Council consists primarily of energy industry members, with only one environmental representative and no consumer advocates. (Although come to think of it, that might be because Virginia doesn’t have any consumer advocates. But still.)

The Council will be working with the staff of the Department of Mines, Minerals and Energy, which has already begun holding “listening sessions” and accepting comments to get input from the public. The next one will be held tonight, June 17, in Annandale, Virginia. Get there early and sign up for a speaking slot. Other locations include South Boston on June 19, Abingdon on June 24, Norfolk on June 26, and Harrisonburg on July 1.

The existing energy plan, created under Governor McDonnell, is the sort of “all of the above” hodgepodge that you’d expect from a process where you bring in a bunch of energy company executives and say, “Have at it!” I’d be concerned that the same fate awaits the new one, but for a couple of new factors: the reboot of the Governor’s Commission on Climate Change and the looming threat of EPA’s carbon rule. (Making this the first time ever that I’ve welcomed anything I called a looming threat.)

The Climate Commission was supposed to have launched by now, and if it had, I might have been able to say something definite about how it will interact with the Energy Council. Unfortunately, Governor McAuliffe got a little sidetracked by something you may have heard about: the political chaos that ensued when a certain Democratic senator resigned his seat and threw the Senate into Republican hands under suspect circumstances in the middle of a battle over the Governor’s signature initiative.

(In fairness. the senator’s backers insist he acted only out of the purest self-interest and not because he’d been bribed, there being a legal difference. Still, from now on anyone who screws over a large number of friends at once will be said to have “Pucketted” them.)

As you may remember, Governor Kaine established the first Governor’s Commission on Climate Change back in 2007 to study the effects of global warming on Virginia and to make recommendations on what to do about it. The commission issued a well-thought-out report replete with excellent suggestions. The report was put on a shelf and admired for a while, until Governor McDonnell found out about it. He acted swiftly, taking down the Commission’s web page lest anyone think he believed in rising sea levels and flooding and predictions about the dire consequences of global warming—you know, the sort of thing you can actually see going on now in Hampton Roads, the second-largest metropolitan area in Virginia.

Governor McAuliffe, on the other hand, not only “believes in” climate change and the risks it poses to Virginia, but also believes there are huge job and growth opportunities to be had by taking action in response. He has made it clear he does not want his commission to start from scratch, but rather to pick up where the Kaine commission left off.

McAuliffe’s Energy Plan must also take account of carbon emissions in a way the McDonnell plan never tried to. On June 2, EPA issued a proposed rule to address carbon pollution from existing electric generating plants, intended to reduce overall emissions nationwide by 30% by 2030. Although the rule won’t be final for a year, and states will then have as long as two years to implement it, and there will be lawsuits trying to block it from ever being implemented—still it means no one can ignore carbon now.

If you want to weigh in on the carbon rule, EPA will be holding hearings around the country, including in Washington, DC on July 30, or you can email your comments.

The proposed rule is not simple. Each state has been given a carbon budget for all its electric generating plants combined, expressed in pounds per megawatt-hour, and arrived at by some still-rather-opaque notion of what a given state is capable of. The cleanest states are thought to have policies in place to get even cleaner, so their targets are more ambitious than those of the dirtiest states. The dirty, coal-intensive states, having done so little to clean up in the past, are thought incapable of making a whole lot of progress now, and so are rewarded by being graded on a curve. Interestingly, it is not the clean states crying foul, but the dirty ones.

Virginia’s carbon target falls in the middle, but achieving it will require improvements of 37.5% over 2012 levels. This sounds harder than it is, given that we have several natural gas plants under construction that will presumably count towards lowered emissions as they dilute the coal in the state’s power mix. EPA also assumes that existing plants can operate at higher efficiencies that will reduce emissions per unit of energy produced.

The carbon rule also contains what seems to be a freebie of 6% of existing nuclear power, a provision intended to encourage the continued operation of nuclear plants that still have time remaining on their licenses but are no longer economic. In Virginia’s regulated market, our nuclear plants don’t have to compete on the open market and so aren’t in danger of being shut down for economic reasons, but apparently we get the freebie anyway.

Beyond that, however, the carbon rule will clearly put a thumb on the scale in favor of energy efficiency and carbon-free power sources. The EPA is right to think we have plenty of those to call on. A few years ago, ACEEE released a study showing Virginia could readily achieve energy efficiency savings of almost 20% cost-effectively, and much more if we really rolled up our sleeves. Since then, the few utility programs that have addressed energy efficiency have barely moved the needle. This means the low-hanging fruit still clings there, only now it’s really, really ripe.

Add in offshore wind (which can provide about 10% of state energy needs just from the initial lease area that Dominion Power bought rights to), some land-based wind (a few more percentage points) and solar energy (estimated to be able to produce 18-25% of our demand), and we know we can blow right through the EPA target.

As we also know, though, Dominion CEO Tom Farrell has his heart set on a new nuclear plant, which would suck up all the money that might otherwise go to renewables and dampen the utility’s interest in efficiency. Given nuclear’s high cost, the need for taxpayer and ratepayer subsidies, and the public safety risks involved, the free market isn’t on his side. But with captive ratepayers and the legislature on the company payroll, Farrell’s dream remains a possibility in Virginia.

As I say, it’s going to be an interesting year.

 

 

 

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News on renewables makes Virginians green, but not in a good way

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Virginians want wind and solar. Bummer, y'all.

Virginians want wind and solar. Bummer, y’all.

On May 20, the Georgia Public Service Commission signed off on two power purchase agreements that will add 250 megawatts (MW) of wind energy to the state’s electricity mix. This comes on top of earlier commitments to solar energy that, combined with the wind power, will give Georgia more than 1,000 megawatts of renewable energy capacity by 2016.

While we certainly want to congratulate Georgia on its commitment to clean energy, the news has turned Virginia advocates a little green–and not in a good way. We can only wish this were us. Virginia has no wind energy to boast about, and about 15-18 megawatts of solar, according to estimates from the Department of Mines, Minerals and Energy.

This comes on top of other recent announcements about the great strides being made in renewable energy nationwide. If you can stomach it, here are the numbers: the U.S. installed over 1,000 MW of wind in 2013, and another 485 MW of wind just in the first quarter of 2014, bringing the total installed capacity to date to over 61,000 MW. More than 7,000 MW are in development

In Virginia, we have a few backyard turbines.

Solar, for its part, keeps breaking records, with over 4,700 MW installed in 2013, a 41% increase over the previous year, and another 680 MW in the first quarter of 2014.

Virginia solar broke into the double digits—bring out your horns and whistles!—thanks to the efforts of homeowners, colleges, the military, a few progressive towns and a handful of consumer-conscious businesses. As for our utilities, they have developed less than 1 MW of wind and solar in the Commonwealth.

Oh, but Dominion Resources, the parent of Dominion Virginia Power, just bought a 7.7 MW solar project. In, um, Georgia.

Changing to a local focus won’t help our case of envy. West Virginia doesn’t have much solar, but it has 583 MW of wind energy. North Carolina doesn’t have much wind, but it installed 335 MW of solar energy in the last year alone. Maryland is up to 142 MW of solar and 120 MW of wind.

Tennessee—Tennessee!—has 29 MW of wind and 74 MW of solar.

If we were shooting for last place among east coast states in the race to develop renewable energy, we might be able to congratulate ourselves. We are doing a great job of falling further and further behind.

Sadly, Virginia, there is no consolation prize.

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APCo wants higher bills for homeowners who go solar

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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Green buildings help the poor (and could help the rest of us, too)

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This post originally appeared as an OpEd in the Richmond Times-Dispatch on April 25, 2014.

Better Housing Coalition’s Somanath Senior Apartments in Richmond, VA. Photo credit: BHC

Better Housing Coalition’s Somanath Senior Apartments in Richmond, VA. Photo credit: BHC

If you think of “green” homes and solar panels as luxury amenities for high-end housing, you might be surprised to learn that these are becoming standard features in low-income housing—even here in Virginia.

Buildings with added insulation, better windows, energy-saving light fixtures and Energy Star appliances translate into big savings on utility bills. This should matter to all of us, but it’s especially important for low-income households. For them, lower energy bills can mean not having to choose between keeping the lights on and putting food on the table.

Reducing energy costs is equally important for low-income housing owned by the government or nonprofits. Using energy efficiency and renewable energy to lower utility bills saves the public money and makes it possible to keep rents stable.

Recognizing these benefits, ten years ago the Virginia Housing Development Authority (VHDA) began to incentivize green building techniques. As a result, when government agencies and nonprofits build low-income housing in Virginia today, they make green building a priority.

Today there are over 11,000 units of affordable housing in Virginia that are certified to EarthCraft standards, one of the strictest measures of home energy efficiency. According to Philip Agee, Green Building Technical Manager for EarthCraft Virginia, these new affordable housing units are 28% more efficient than homes that are built to the 2004 model housing code. Units renovated to EarthCraft standards average a 43% improvement in efficiency.

Richmond-based Better Housing Coalition now builds all its low-income housing to exceed EarthCraft standards. As its website explains, “Installing energy-efficient heating and cooling systems, energy efficient windows and lighting, and blown cellulose insulation are standard practice for BHC homes. So, too, is the use of durable cement-board siding and tankless water heaters. Reduced energy usage means reduced utility bills for our owners and residents.”

Even more striking is the inclusion of solar energy in recent projects. Many of the Better Housing Coalition’s buildings include solar PV panels for electricity and solar thermal systems for hot water. Last year the Better Housing Coalition built the first net-zero-energy apartments for low-income residents, combining super-efficient construction with solar to produce as much energy as residents consume.

Another leader in the solar movement is Community Housing Partners, a non-profit that designs and builds low-income housing throughout the Southeast. It has worked with Virginia Supportive Housing to include solar panels on at least four of its recent projects, each system sized to provide 20% of the building’s electricity.

The Heron’s Landing apartments, in Chesapeake, include both 61 kilowatts of solar PV and a 13-kilowatt solar thermal array to supply hot water to the 60-unit complex designed for formerly homeless residents. Across the state in Charlottesville, The Crossings includes 33 kilowatts of solar PV and a 76-kilowattt solar thermal system for 62 units serving homeless and low-income residents. Both projects used Charlottesville-based AltEnergy as the solar contractor, supporting solar jobs in state. Paul Risberg, AltEnergy’s CEO, says his firm is currently working on two more Virginia projects.

Solar systems are also part of the Community Housing Partners’ developments in Richmond (Studios at South Richmond) and Portsmouth (the attractive South Bay Apartments). Now, like the Better Housing Coalition, the organization plans to take the next step, making its latest housing development for low-income seniors in Christiansburg, Virginia net-zero

Municipalities, too, are working solar into their plans for low-income housing.  Last year the Harrisonburg Redevelopment and Housing Authority worked with Staunton-based Secure Futures LLC to install solar on its Polly Lineweaver apartment building, which serves elderly and disabled residents. According to a local television report, the contract will save the Authority money over time and help keep rents stable.

Building “green” is proving such a money-saver for low-income housing that it’s a shame Virginia isn’t applying this lesson more widely. The state’s failure last year to adopt the 2012 model building code standards means that even buyers of brand-new homes won’t be guaranteed the level of quality built into these low-income apartments. Let’s hope the McAuliffe administration takes note and changes course.

 

 

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American Wind Energy Association to highlight Virginia potential at June conference

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Works of art, attractively priced. Photo credit: Andy Beecroft

Works of art, attractively priced.
Photo credit: Andy Beecroft

The American Wind Energy Association (AWEA) will be sponsoring a one-day forum on wind energy in Harrisonburg, Virginia on June 3. The Virginia Wind Center at James Madison University will host; others partners include the Department of Environmental Quality, the Sierra Club and the Southeastern Coastal Wind Coalition.

Virginia currently has only a handful of small wind turbines statewide, putting us far behind neighboring states like Maryland and West Virginia. But AWEA’s Larry Flowers, who leads the team organizing the event, says his trade association sees great potential in the Commonwealth.

With good sites for about 2,000 megawatts (MW) of land-based wind farms, and at least another 2,000 MW already slated for development offshore, Virginia could experience a wind boom in coming years.

“With Virginia’s good on- and offshore wind resource, significant load, and proximity to the PJM market, AWEA’s wind developers see Virginia as an important wind energy market,” says Flowers. “Wind has been an important diversification strategy with utilities all over the country with its fuel price and carbon risk avoidance features, while providing significant long-term local economic development benefits.”

Achieving this development will be no easy feat. Virginia does not have a Renewable Portfolio Standard requiring utilities to buy wind power, a standard policy feature in northeastern states. Nor do we offer the kind of economic incentives developers need to make wind power cost-competitive with our old, fully-depreciated coal and nuclear plants, or with electricity from natural gas at today’s low prices. (Wind power is the cheapest form of energy in some prairie states, but it is costs more to build in our mountains and offshore.) Wind is endlessly renewable and emission-free, but until we put a value on that, our utilities and regulators see little point in paying for it

Yet that calculus may be changing as wind costs continue to decline, coal grows increasingly expensive, and natural gas prices show their historic volatility. At least as significantly, wind energy could be a means of helping Virginia comply with the EPA’s carbon regulations under Section 111(d) of the Clean Air Act. The regulations for existing sources have not been proposed yet, but may allow states to reduce their overall carbon emissions by adding renewable energy to their electric generation mix.

Certainly, wind development would be a huge economic opportunity here. Offshore wind development is projected to create ten thousand career-length jobs in Virginia and bring millions of dollars in new economic activity to the state, especially to the Hampton Roads region. Land-based wind would be a boon to the economically hard-hit counties of southwest Virginia, where coal jobs have been disappearing steadily for more than twenty years. In addition to jobs and payments to landowners, wind farms would provide critical local tax revenue.

These policy issues will be featured topics at the AWEA forum, along with practical issues including siting, wildlife impacts, and small wind applications.

Registration for the Virginia wind energy forum is available here. Early bird discount pricing is available until May 13.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

.   .   .   .   .

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

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

 

 

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

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

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

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

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

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

Tony Smith. Courtesy of Secure Futures.

Tony Smith. Courtesy of Secure Futures.

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

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

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

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

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

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

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

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

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

 

 

 

 

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

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photo credit: Amadeus

photo credit: Amadeus

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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