Rob Wolf, Esq.

Nuclear energy is a divisive subject in many ways. Safety, cost, green credentials, all are the subject of much, and often frenzied, discussion. So the news that Google is placing orders for the construction of six mini nuclear reactors from Kairos Power in California is bound to be newsworthy. Google operates a bank of datacentres in the state that power the explosive growth of generative AI for which Google is one of the market-leaders, and these consume vast amounts of electricity – more than the existing grid is able to accomodate. Indeed, the energy consumption of the GPUs that power the training of the large language models crucial to the development of AI is huge - by way of example a ChatGPT query requires 10 times as much power to process than a standard Google search. Google is purchasing 500MW of power from Kairos Power, which is more than enough to power a midsize US city. However huge this amount of power may seem, Google's plans are only the start. OpenAI has plans to construct at least five datacentres of its own, each requiring 5GW of power, or ten times that of Google's order. Microsoft and Amazon themselves have made their own deals with conventional nuclear power plants in the US. The downside of all this computing power however is that the new datacentres being built will produce an estimated 2.5bn tonnes of carbon-dioxide equivalent emissions by 2030. Compare this with the position of the United Kingdom government. Hinckley Point C and Sizewell C are being developed, and the Government has committed to developing 24MW of nuclear power by 2050. However, of the UK’s five current generating nuclear power stations, all but one is due to cease generation by 2028. There is a recognition that Advanced Modular Reactor (AMR) and Small Modular Reactor (SMR) technologies will need to be encouraged in order to get anywhere near the stated target, but there is little positive encouragement at present. It will be interesting to see if some of those global supercompanies try to accelerate the development of these modular reactors on this side of the Atlantic, and how such plans might go down with the Government. The main obstacle will be the UK's restrictive planning laws, which Labour has pledged will not prevent energy developments of this type, but this may put them directly into opposition with pressure groups. #Energy #GreenEnergy #SHMAlaw Ampa - Legal & Professional Services Shakespeare Martineau Mark Bartholomew Martyn Thorpe Sushma Maharaj Kristine Atong Malok Jack Fowler Isaac Murdy Sarah Johnson Shanice Spencer Selina Hinchliffe

5

The Federal Energy Regulatory Commission (FERC) has issued its Order on rehearing on Order 1920-A on "Electric Regional Transmission Planning and Cost Allocation." It is interesting to see the National Association of Regulatory Utility Commissioners Statement issued last Thursday. It says "we appreciate that it appears several of the substantive matters raised by NARUC have been addressed" and "they look forward to continuing the dialogue with our federal colleagues through opportunities such as the ongoing FERC-NARUC Federal-State Current Issues Collaborative." I love diving into FERC orders. This one is over 800 pages! They address each issued raised. It does appear the states/state commissions made some headway. Nevertheless, there appears to not be express recognition of state jurisdiction in this arena that some states and some state Commissions had urged. (There is debate as to what state role there is in the Federal Power Act on transmission). I like reading Commissioner Christie's statement. He said that the original Order 1920 "failed to fulfill the promise of a necessary and appropriate role for the states." He says that the Order 1920-A requires: submission of a state-agreed alternative, pre-amendment state consultation, cost allocation flexibility, state input on factors, state input on baseline scenarios, removal of corporate power preferences, and cost shifting, and has new transparency. "Collectively, these changes give the states a much bigger toolbox, containing far more effective tools they can use to protect their consumers and the interests of their states. I urge state regulators to use them aggressively."

7

4 Comments

Quick update on US Electric Generation from NREL’s Spring 2024 Solar Energy Update The entire report can be found at https://lnkd.in/efji6Wg5

4

It was an exciting Monday on many fronts: 1) FERC issued a strong Regional Transmission Planning Rule (and backstop authority for NIETC projects) and 2) I was quoted in the The New York Times in their coverage on the Transmission Planning FERC rule. While I spoke to the reporter last Friday at length about why everyone should care about what today's FERC transmission rule will say, he quoted me about my experience has a State Regulator, serving on the The Organization of MISO States, Inc. when a diverse group of MISO State regulators engaged in constructive conversations on cost allocation, and ultimately voted on a set of cost allocation principles. Like most issues on transmission planning, the topics are complex and tough to find broad agreement, but always worth the effort. I applaud The New York Times for covering a highly technical, wonky subject like the FERC Transmission Planning Rule and look forward to more national coverage in the coming weeks and months on this important topic that impacts our daily lives. #transmission

200

9 Comments

Treasury just published the final Section 45V hydrogen regulations. Links to the press release and the final regulations are below. Selected excerpts from the Press Release follows: The rules enable pathways for hydrogen produced using both electricity and methane, providing investment certainty while ensuring that clean hydrogen production meets the law’s lifecycle emissions standards. For hydrogen production using electricity (e.g. “green” hydrogen using renewables and “pink” hydrogen using nuclear), the final rules incorporate crucial safeguards proposed in December 2023, but with additional clarity and flexibility that will help facilitate clean hydrogen investment. The final regulations provide rules for determining eligibility of hydrogen produced using methane reforming technologies, including with carbon capture and sequestration (so-called “blue” hydrogen), as well as with the use of natural gas alternatives such as renewable natural gas (RNG) or coal mine methane. The final rules aim to enhance development of “book-and-claim” systems for natural gas alternatives such as RNG or coal mine methane by detailing the information that such systems will need to provide. The final rules will enable investment certainty by allowing all types of hydrogen producers the option of using the version of the 45VH2-GREET model that was the most recent when the facility began construction for the duration of the credit. https://lnkd.in/e3-H9Pm9 https://lnkd.in/erBDe7ME

11

🌞🌬️⚡ Energy developers in the U.S. are eager to build new solar, wind, and battery projects like never before! According to a report from Lawrence Berkeley National Laboratory, proposed projects totaling 2.6 terawatts are in the interconnection queue, double the size of the entire existing U.S. electrical grid. 🌍💡 📈 Clean energy is the fastest-growing source of electricity in the country, but there's a bottleneck slowing down the process. The U.S. needs to build more power lines to carry all the new electricity and accelerate the transition to a carbon-free grid by 2035. 🚀🔌 🔎 Discover more about the interconnection queue and the challenges of clean energy expansion in our latest article. Let's power a sustainable future together!

1

Massachusetts’ 2023/24 legislative session closed in the morning of Aug. 1 without any significant climate or clean energy legislation despite broad agreement on proposed clean energy permitting and siting reforms. The legislative failure after nearly two years of work was a significant disappointment for climate activists and clean energy organizations. Massachusetts has so far failed to pass any meaningful climate legislation in the first two years of the Healey administration, despite a Democratic trifecta in state government which nominally supports strong action on climate. The most significant sticking point in the negotiations appeared to be over gas reforms. The top Senate negotiators were pushing for changes to the state law that would allow the gas utilities to start decommissioning portions of the natural gas pipeline network, while the House negotiators appeared to oppose the gas reforms and indicated that they were willing to pass a bill strictly focused on the previously agreed upon permitting and siting reforms for clean energy infrastructure. You can read the full story below at RTO Insider LLC: https://lnkd.in/emD4S7em If you're interested in this type of thing, it's also worth flagging this recent story from the Boston Globe about the concentration of power in the Massachusetts legislature. The House speaker and the Senate president control an extensive system of "leadership stipends" which make up a large portion of many legislators' salaries. This appears to stifle dissent and prevent members of their party from stepping out of line, since their salaries depend on maintaining their relationship with party leadership. https://lnkd.in/ePh5mCSB This also may be part of the reason why so little has been accomplished this session, and why widely agreed-upon proposals failed to pass. We'll see where this goes from here — the legislature may return for a special session in the fall, but this is probably unlikely to solve the underlying issues in Massachusetts' deeply undemocratic Statehouse.

11

1 Comment

PVMagazine USA reporting on the number of projects in the queue in PA. "Pennsylvania queued solar projects would increase total capacity 18x Land development marketplace LandGate released data through Q3 2024 showing that Pennsylvania has 46 solar facilities combining for 562 MW of capacity. There are an additional 9 projects actively under construction that will increase the state’s capacity by nearly 50%, adding 263 MW of additional capacity. Proposed projects waiting in queues total 480 projects combining for 10,469 MW. However, it takes time for these queued projects to come online, particularly in Pennsylvania, which is managed by the Pennsylvania-New Jersey-Maryland Interconnection (PJM). LandGate said it takes an average of 3 years for a project to go from queue to operational. The company expects about 10 GW of utility-scale solar to come online by the end of 2025, which would mark an unprecedented boom year for the state. However, the potential 18x increase in solar capacity depends on queued projects actually coming online, which may be challenged by grid interconnection delays." Read more at https://conta.cc/4hN5uu3 #solar #energy #solarenergy #renewables #renewableenergy #electricity #energystorage #ESS #distributedenergy #solarpower #batteries #EVCharging #EV

11

1 Comment

New York's solar surge 🌞 is powered by the Inflation Reduction Act, state incentives, and a relentless push for renewable energy. 💪 The state has already installed almost 5.7 GW of solar - just shy of its 2025 goal. And with 3.4 GW more in the pipeline, it's poised to exceed that target. 📈 What's fueling this solar boom? Generous incentives that can cover 70-90% of project costs, plus solar systems that pay for themselves in about 10 years. 💰 The benefits are clear - greener energy, lower utility bills, and a healthier planet. 🌳🌍 But the real power lies in individual action. As one expert says, "Does it really make a difference if I put panels on my roof? And the answer is, unequivocally, yes." Ready to go solar and do your part? Share your thoughts below! 👇 #SolarPower #CleanEnergy #NewYork

2

We need more electricity transmission lines with growth in demand by data centers. Without them, we will face increasing risks of blackouts and brownouts and other problems with our electricity grid.

5

1 Comment

EPA's final power plant GHG rule (formerly the "Clean Power Plan") is out and final, along with the MATS, RCRA CCR and CWA/ELG rule covering the same sector. This alert highlights key provisions of the final rule, changes from the proposal, and provides discussion on the rule's carbon capture provisions, BSER/Adequately Demonstrated findings, and implications for certain litigation.

8

On December 20, 2024, the U.S. Department of Interior published the Utility-Scale Solar Energy Development Programmatic Environmental Impact Statement Record of Decision, also known as the updated Western Solar Plan. The Plan updates the 2012 Western Solar Plan, relying upon input from various stakeholders in the solar energy industry as well as updates to technologies since it was first published over a decade ago. The Plan makes significant changes, including expanding its scope to additional states as well as updating its best practices for siting solar energy projects on federal lands managed by the Bureau of Land Management. As we approach Inauguration Day, the looming presence of the Congressional Review Act threatens Biden-era energy rules, which could include the Plan. Read more here: https://lnkd.in/egde-v5w and connect with members of our Energy & Infrastructure team for additional insight: Lauren Bachtel and Vaishali Gaur.

1

On May 13, 2024, the Federal Energy Regulatory Commission issued two orders designed to facilitate expansion of the interstate transmission grid. We provide a summary here: https://okt.to/ik5Knl #FERC #Transmission #Energy

1

New geothermal energy technologies could be a real game changer for renewable energy. If this works, it has the potential to provide baseload electricity at existing powerplants, which would simplify siting and transmission issues. It also leverages the huge innovations in drilling and production that have occurred in the oil and gas industry. This one is exciting.

14

Here are the important details of the latest suite of EPA rules regulating power plants ...

1

Between home rule challenges at the municipal level for solar and BESS plus the challenges noted on the utility scale level in this article, it is getting curiouser and curiouser as well as a bit disconcerting overall.

2