NH revises, reopens C&I solar rebate program

New Hampshire utility regulators have reopened a program offering a rebate to commercial and industrial electric customers who undertake qualifying solar energy projects, while reducing the size of the incentive and changing other program terms.

To encourage commercial and industrial (C&I) customers to participate in solar photovoltaic and solar thermal energy projects, the New Hampshire Public Utilities Commission first approved a solar rebate program in 2010. That program disburses funds from the state's Renewable Energy Fund to customers in exchange for customers' development of qualifying solar projects.

Terms and conditions for New Hampshire's C&I solar rebate program have varied since 2010, and the amounts of rebates available under the program have generally decreased over time. In 2015, the Commission created two separate categories of eligible projects with different rebate rates: Category 1, consisting of solar electric and thermal systems rated less than or equal to 100 kilowatts (AC) or thermal equivalent, and Category 2 consisting of solar electric systems greater than 100 kilowatts (AC) but less than or equal to 500 kilowatts (AC).

A 2016 Commission order set program rebate levels at $0.65 per watt (AC) for Category 1 new electric projects, and $0.55 per watt (AC), but not in excess of $175,000, for Category 2 new electric projects, in each case subject to a limit of 25 percent of the total project cost if less than the incentive payment otherwise calculated.

But the program closed to new applications as of July 14, 2017, due to "record demand" and a lack of funds. Even the allocation of additional funds only reopened the program for waitlisted applications, while keeping it closed to new applicants.

On February 13, 2018, Commission staff recommended reopening the program, while modifying it to further reduce the applicable incentive levels and to consolidate Category 1 and 2 projects into a single program that would allow applications for projects with capacities up to and including 500 kW AC.

On March 8, 2018, the Commission issued its Order No. 26,111, modifying the solar rebate program's terms and reopening the program. The changes include reduction in the amount of the rebate to $0.40 per watt up to a maximum of $50,000, or 25 percent of total project cost, whichever is less; and consolidation of Category 1 and 2 photovoltaic projects into a single program that would allow applications for projects with capacities up to and including 500 kilowatts AC. No change was made to the program terms and conditions applicable to solar thermal projects.

Under the order, the modified program terms and conditions became effective on March 19, 2018, and the program was reopened as of that date. The Commission noted that in anticipation of "robust demand for and potential oversubscription of the reopened program," it will conduct a public lottery in April to allocate initial queue positions for applications.

NH SEC denies Northern Pass certificate

The New Hampshire Site Evaluation Committee has unanimously voted to deny an application to develop a major new electric transmission line across that state, according to an article in the Union Leader. According to that article, the Committee felt the Northern Pass Transmission developer had not satisfied its burden under state law to show that the line's development would not “unduly interfere with the orderly development of the region.”

Northern Pass Transmission, LLC has proposed a 192-mile transmission line project capable of bringing 1,090 megawatts of power into New England. The project includes a new direct current (DC) transmission line from the Canadian border to a new converter terminal to be built in Franklin, New Hampshire, as well as a new AC transmission line connecting to the existing grid at a substation in Deerfield.

To develop the project, the developer needs approval from the New Hampshire Site Evaluation Committee in the form of a Certificate of Site and Facility. Northern Pass applied to the SEC for a certificate in 2015; the case before the Committee has been ongoing since then, with extensive testimony and hearings held last month.

Successful project development involves not just securing all required permits, but also finding or creating suitable commercial arrangements. While the project's siting application was pending, the project won some commercial success last week, when a group of Massachusetts utilities seeking to jointly procure clean electricity selected a Northern Pass-affiliated proposal to supply about 9,450,000 megawatt-hours per year from Canada. After reviewing over 40 bids, the bid committee selected the "Northern Pass Transmission, Hydro" option for negotiation of a final long-term power sales agreement under the state's Section 83D clean energy contracting program.

Today's decision by the New Hampshire Site Evaluation Committee relates directly to siting, not to commercial matters. The developer may be able to challenge the Committee's permitting decision. In the meantime, could the SEC decision affect the Northern Pass project's commercial fate? According to the Massachusetts 83D website, "If the bid selected to advance to contract negotiation at this stage does not successfully negotiate contracts, it may result in other bid(s) being selected to advance to contract negotiations." If the lack of SEC approval (for now) means Northern Pass does not successfully negotiate contracts with the Massachusetts utilities, it could open the door for other 83D bidders to move forward.

NH PUC considers efficiency plan

New Hampshire utility regulators are considering a three-year statewide energy efficiency plan proposed by several electric and gas utilities. The case could shape the near-term future of New Hampshire energy efficiency programming.

Under a 2016 settlement agreement, the New Hampshire Public Utilities Commission approved the implementation of an Energy Efficiency Resource Standard (EERS) beginning 2018, subject to Commission approval of the specific programs proposed to meet this standard. On September 1, 2017, utilities Liberty Utilities, Public Service Company of New Hampshire, Unitil Energy Systems, Inc. and Northern Utilities, Inc. jointly proposed a 2018-2020 Statewide Energy Efficiency Plan for approval by the Commission. The proposed 2018-2020 New Hampshire Statewide Energy Efficiency Plan document spans 369 pages, and is supported by testimony filed by the utilities.

As described by the utilities, their proposals would extend and expand existing "NHSaves" programs for another 3 years, and would add new initiatives including "a new residential energy audit option, a financing option for moderate income residents, new measure offerings in both residential and commercial programs, and multi -year energy planning to encourage long-term energy savings projects among large commercial customers."

According to the utilities, the measures implemented through the 2018-2020 Plan will save more than 4 billion electric kilowatt-hours and 7.5 million natural gas MMBtu, plus another 5.4 million MMBtus from other fuels, yielding customer energy cost savings of more than $867 million in energy costs over the life of the measures. The utilities also project that the measures "will reduce peak demand by 39 MW, which in tum will reduce costs for all customers."

The Commission has docketed the proceeding as Docket No. DE 17-136, and set a procedural schedule for the case including the filing of testimony and pursuit of possible settlement through November 2017, with hearings on the merits in early December.

Will clustering help New England's interconnection queue?

Faced with a persistent backlog of requests to interconnect to the electric grid across parts of New England, will the region's major grid operator adopt a "clustering" methodology to streamline the study process and reduce procedural delays?

At issue are ISO New England's interconnection procedures, which govern the process through which generators and transmission lines may interconnect to the New England bulk power system.  For nearly all large projects and some smaller ones, ISO-NE administers the process and conducts extensive engineering studies to determine whether such interconnections would be feasible without adversely affecting reliability and how they should be accomplished.  In general, ISO-NE uses a first-come, first-served basis: a project's impacts on the grid are studied in sequential order based on that project's position in the interconnection queue.  In practice, this means that a project's studies do not commence until the studies for projects ahead in line are complete.

According to ISO-NE, this system has worked well for most of the region.  Excluding northern and western Maine, the grid operator reports that on average, system impact studies are completed within a year of the customer's interconnection request.  But ISO-NE notes that its "Interconnection Queue has experienced a persistent backlog of requests to interconnect in northern & western Maine."  Many of these requests relate to wind projects located relatively far from the transmission system, but similar challenges could arise relating to large solar projects in parts of Maine, Vermont, or New Hampshire.

The grid operator may be able to address this backlog by changing its interconnection procedures to be more in line those adopted in other regions, by allowing "clustering" or pooled and simultaneous study of certain resources. As described by ISO-NE in a presentation delivered last year, all of the other Independent System Operators or Regional Transmission Organizations -- such as NYISO, PJM, MISO, CAISO, and SPP - include some form of clustering in the interconnection process; New England stakeholders have requested that ISO-NE investigate clustering; and the Federal Energy Regulatory Commission has also addressed clustering, including in a May 2016 technical conference.

ISO-NE's proposed clustering methodology would allow, under specific circumstances, for two or more Interconnection Requests to be analyzed in the same System Impact Study (SIS) effort.  Projects participating in a cluster would share cost responsibility for certain shared interconnection related transmission upgrades, known as Cluster Enabling Transmission Upgrades (CETU), identified by ISO-NE as necessary for the applicable interconnection requests to interconnect.

As noted in an April 2017 presentation to the NEPOOL Participants Committee, this proposal was favorably voted by the Transmission Committee on January 24, 2017 and by the Participants Committee on February 3, 2017.

The presumptive next step forward in New England's attempt to resolve the interconnection queue backlog by clustering studies would be that ISO-NE will file its tariff revisions with the FERC -- but the grid operator has signaled an intent to wait to file the revisions until there is "a high probability of a FERC quorum."  Three of the five seats on the Commission are presently vacant, and the Commission is currently operating without a quorum.  In the meanwhile, ISO New England's present tariff does not allow clustering of studies, so for now customers and others proposing to interconnect generation or transmission into the New England grid will continue to wait and push for reform.

NH energy efficiency resource standard workshops

Following the New Hampshire Public Utilities Commission's adoption last summer of an energy efficiency resource standard, a regulatory board has scheduled a series of workshops to allow public input on how utilities serving the state plan to met the standard over the next three years.

On August 2, 2016, the Commission issued its Order No. 25,932, approving a settlement agreement establishing an energy efficiency resource standard or EERS.  The Commission described the EERS as "a framework within which the Commission’s energy efficiency programs shall be implemented," effective January 1, 2018.  Compared to previous energy efficiency structures, the EERS represents a a long term, binding energy savings target consistent with a policy directive to capture all cost-effective energy efficiency.  According to a public notice issued by the Commission, "Implementation of an EERS is expected to increase investment in cost-effective energy efficiency resources, reduce energy costs for NH ratepayers, and create new jobs."

As implementation of the standard nears, the Energy Efficiency Resource Standard (EERS) Committee of the state's Energy Efficiency and Sustainable Energy Board has scheduled a series of stakeholder workshops to allow stakeholders and the general public "the opportunity to influence, early in the planning process, how utilities serving the state are intending to achieve the EERS over the next three years." Workshop topics announced so far include residential, municipal, and commercial and industrial programs; how to evaluate program cost-effectiveness; project finance and program marketing; and evaluation, measurement and verification.

Workshops have been scheduled through March 3, 2017.  Utilities are expected to file a proposed EERS plan with the EESE Board by April 1, 2017, with a final plan to be filed with the Commission by September 30 for approval by December 31.

NHPUC considers PSNH divestiture auction format

As the New Hampshire Public Utilities Commission prepares for an auction of the state's largest utility’s generating assets, its auction advisor J.P. Morgan has recommended a broad public auction of the assets, using a two phase structure.

At issue are the generation facilities owned by Public Service Company of New Hampshire d/b/a Eversource Energy (Eversource).  Following a legislative finding that divestiture is in the public interest at the present time, on July 1, 2016, the Commission issued Order No. 25,920 approving the 2015 Public Service Company of New Hampshire Restructuring and Rate Stabilization Agreement and the Partial Litigation Settlement Agreement. Those settlement agreements called for the Commission to open an expedited proceeding to oversee the process of auctioning the Eversource generation facilities.

On September 7, 2016, the Commission opened a proceeding to implement the divestiture process for the generation facilities of Eversource as approved in Order 25,920. In its Order of Notice opening the auction process docket, the Commission noted a primary objective of obtaining the highest possible sale value of the generation facilities in order to minimize the level of stranded costs ultimately paid by Eversource customers. It also noted a secondary objective, to the extent not inconsistent with the primary objective, to accommodate the participation of municipalities that host generation assets and to fairly allocate among individual assets the sale price of any assets that are sold as a group.

A report recently filed in the docket by Commission staff presents recommendations from its advisor J.P. Morgan on the auction design and process.  According to the report, these recommendations were designed to maximize the overall value of the transaction and the likelihood of the successful sale of each asset.

In Phase I, Eversource, the Commission, and its advisor would develop of a list of potential bidders who would be invited to respond to a Request for Qualifications (RFQ). Parties satisfying the requirements of the RFQ would be asked to execute a confidentiality agreement, after which they could review a Confidential Information Memorandum. This document would provide certain limited information about the assets, to let bidders develop a preliminary non-binding indication of interest. The report suggests this phase could take six weeks from launch to the submission of preliminary, non-binding proposals – potentially spanning from November 2016 into January 2017.

In Phase II, bidder indications of interest would be used to identify potential bidders likely to transact on terms most favorable to the seller. These “second round” bidders would have access to full due diligence. The report suggests allowing about 8 weeks for Phase II parties to conduct due diligence, mark up a draft purchase and sale agreement, and submit a final, binding proposal. The report suggests Phase II might run from January 2017 into March 2017.

Following the submission of final bids, the report suggests that the Commission select one or two parties per asset or group of assets for final negotiations, depending on the level of interest.

Written comments on the auction design and process are due by September 30, 2016. The Commission has said that the proceeding will culminate in a decision on auction results, and if necessary, a financing order authorizing securitization of stranded costs and stranded cost rates.

NH net metering under review

New Hampshire utility regulators have paused their review of a utility’s proposed changes to rates for customers with solar and other distributed energy resources, pending a more holistic review of the state’s net metering policy. Interest now focuses on Docket DE 16-576, in which the Commission may develop new alternative net metering tariffs or other regulatory mechanisms applicable to customer-sited generation.

Under New Hampshire law, the net energy metering section of the Limited Electrical Energy Producers Act, each electric distribution utility must make standard tariffs providing for net energy metering available to eligible customer-generators in accordance Public Utilities Commission regulation.

On April 29, 2016, distribution company Unitil Energy Systems, Inc. (Unitil) filed a petition to the New Hampshire Public Utilities Commission seeking authority to, among other things, implement new permanent delivery rates for distribution service, beginning June 1, 2016. Among Unitil’s proposed changes was a new tariff schedule for Domestic Distributed Energy Resources, called Schedule DDER, applicable to certain residential customers with renewable distributed generation systems installed behind the retail meter. If adopted, it would change how Unitil’s customers may net meter solar panels and other eligible distributed generation.

Changes to net metering policy can be controversial.  Consumers and solar advocates typically support net metering as a key incentive for solar project development, even if it might undercompensate consumers relative to the value of solar.  But some utilities oppose net metering, arguing that it hurts their revenues or shifts costs to customers without solar panels.  Debate over the issue led the New Hampshire legislature to enact a net metering bill, House Bill 1116, earlier this year. Signed by Governor Hassan on May 2, 2016, House Bill 1116 amended several provisions of RSA 362-A:9.

Among the new statutory language is new paragraph XVI, requiring the Commission, within a ten month period, to initiate and conclude a proceeding to develop new alternative net metering tariffs, which may include other regulatory mechanisms and tariffs, taking into consideration a number of specified factors deemed relevant to such development. By Order of Notice issued on May 19, 2016, the Commission opened Docket DE 16-576 to conduct this holistic review of net metering.  That case remains ongoing.

Given the overlap between the holistic net metering case and Unitil’s proposed Schedule DDER, on June 9, the New Hampshire Public Utilities Commission issued an order suspending the investigation of, and staying any litigation regarding, Unitil’s proposed tariff schedule. In its June 9 order suspending the investigation, the Commission concluded that “it it would be inconsistent with the intent of HB 1116 and would represent an inefficient allocation of limited Staff, stakeholder, and Unitil ratepayer resources to address rate design proposals directly affecting net-metered customer-generators in this proceeding as well as in Docket DE 16-576.”

In the Commission’s words, it initiated Docket DE 16-576 based on the legislative mandate “to conduct a proceeding involving all regulated electric distribution utilities to develop new alternative net metering tariffs, which may include other regulatory mechanisms.” Noting that Schedule DDER is effectively a net metering tariff, the Commission found that separately reviewing, evaluating, and litigating Schedule DDER in both the Unitil docket and Docket DE 16-576 would impose additional burdens on the limited resources of Staff and its consultant, as well as on those of other parties and stakeholders, and “could result in conflicting schedules, redundant discovery, and potentially inconsistent results in the separate proceedings.”

The Commission noted that under the HB 1116 amendments to the net metering law, “net metering will continue indefinitely and without limit, unless and until otherwise determined by the Commission in the proceeding we have opened as Docket DE 16-576… In effect, customer -generators will continue to participate in net metering under RSA 362-A:9 even in excess of the 100 megawatt “cap,” but those above this statutory limit ultimately will be subject to the new alternative net metering tariffs approved by the Commission in Docket DE 16-576.”

Accordingly, the Commission placed the suspension and stay of the Unitil case in effect until the completion of Docket DE 16-576.  The net metering review in that case remains pending, with a schedule set through the coming winter.

NH regulation of solar PPAs, leases

As distributed energy resources like solar panels become more widely adopted, how do typical solar business models like solar power purchase agreements or solar leases match up to state utility laws?  While the answer may vary from state to state, an order issued by the New Hampshire Public Utilities Commission earlier this year found found that offering solar power purchase agreements or solar leases to customers in New Hampshire would not subject a solar company to Commission regulation under any of several theories.  The order finding no regulation required is consistent with other state policy and precedent supporting distributed generation, and could be a model for other states.

Federal law controls some many aspects of the U.S. electricity industry, but states can and do regulate public utilities and competitive electric power suppliers.  Knowing who these state-regulated utilities and suppliers were was straightforward under the dominant utility models of the twentieth century.  But as new technologies like solar photovoltaic panels or other distributed energy resources become more widely adopted, and new business models like solar power purchase agreements and solar leases arise, their regulatory status can be uncertain.  If a solar company installs solar panels on a customer's roofs, and sells that customers the power produced, will it be regulated like a public utility or supplier under state law?  What if the company leases the panels to the customer?

The New Hampshire Public Utilities Commission recently addressed these questions in answering a 2015 petition by Vivint Solar, Inc.  In that petition, Vivint asked the New Hampshire Public Utilities Commission for a declaratory ruling that it would not regulate Vivint as a public utility, competitive electric power supplier, or limited producer of electrical energy under state law, for offering solar power purchase agreements or solar leases to residential customers in New Hampshire.

In a January 15, 2016 order -- Order No. 25,859 -- the Commission granted Vivint's petition.  First, the Commission noted the value of regulatory certainty:

We believe it is important for a party planning to do business in the state to have a vehicle through which it may clarify its regulatory status prior to entering the marketplace, provided that it can describe in sufficient detail its business plans and practices and these plans and practices are not hypothetical or speculative.

Next, the Commission concluded that the operations described by Vivint would not constitute sales to or for the "public" within the meaning of the statutory definition of "public utility."  Key factors recited in the order included the "conditional nature and relative complexity of Vivint’s relationships with its customers."

The Commission then analyzed its rules regarding competitive electric power suppliers, concluding that although Vivint might meet the regulatory definition of a supplier, that definition "should not be read in isolation but in the context of the overall purpose and effect" of the rules in their entirety.  The Commission then noted that those "Puc 2000" rules "seem intended to regulate  a set of relationships and related transactions that is quite different from those undertaken in the context of customer-sited, behind-the-meter, distributed generation development involving sales of electricity directly to the host customers pursuant to the terms and conditions of PPAs."

Finally, the Commission concluded that neither Vivint's PPAs nor solar leases should be subject to Commission regulation under the New Hampshire Limited Electrical Energy Producers Act.  The Commission interpreted that act's retail sales provisions "as applicable to sales of electricity off-site from the generation facilities," not "on-site and behind-the-meter" sales of power as contemplated by Vivint.

The New Hampshire Public Utilities Commission noted that while the petition and briefs in the case focused on the residential solar energy market, its analysis and conclusions "would not be different if the relevant customers were non - residential, assuming that the Systems were installed on the customers’ premises behind the utility retail electric meter, we re sized no larger than necessary to meet the customers’ reasonably anticipated electric consumption, and involved sales of electricity directly to the host customer or leases of the installed Systems to the host customer."

While the ruling technically applies to the company and facts asserted in the petition, it confirms the possibility of an important role for third-party involvement in distributed generation.

NH net metering bills passed

The New Hampshire legislature is acting to expand that state's net metering programs.  Now the question is how much: a 50% expansion, or a doubling?

New Hampshire law requires electric distribution utilities to offer eligible customer-generators a standard tariff for net energy metering. Solar panels are the most commonly net metered type of generation, but other technologies are also used.  Net metering under these tariffs is available "on a first-come, first-served basis within each electric utility service area" until each utility hits its specific cap on net metered capacity.  Under existing law, each utility's cap is effectively its share of a statewide program cap of 50 megawatts.

On January 20, 2016, utility Eversource announced it had reached its cap, and that it would place new projects going forward on a wait list.  But New Hampshire is home to significant interest in expanding net metering.  In the same announcement, Eversource described its work with the state legislature "to enact an expansion to the net metering program."  As the utility said, "Such an expansion would alleviate much of the uncertainty being faced by customers and developers, and would provide time for stakeholders to investigate all of the various costs and benefits of distributed generation and to provide for a sustainable evolution of the net metering program."

Meanwhile, Eversource also indicated a request that state regulators "develop a more permanent solution to the challenge of fairly compensating developers of new distributed generation in a manner that does not shift costs to other customers."

In February, the New Hampshire Senate voted to increase the net metering cap from 50 megawatts to 75 megawatts.  That bill, S.B.333, also directed the New Hampshire Public Utilities Commission to develop a net metering tariff for all generation above the 75 megawatt cap.

This month the New Hampshire House passed H.B.1116, a bill that would double the cap, to 100 megawatts.

Under New Hampshire legislative process, these two bills must be reconciled before a proposal can be sent to Governor Maggie Hassan.  But she has expressed strong support for reconciling the bills and expanding net metering:

Lifting the cap on net metering is essential to the continued success of New Hampshire’s solar industry, and I applaud the House for its bipartisan vote to pass this critical measure. The Senate has already supported this legislation, and I urge them to concur with the version passed by the House and send this bill to my desk as quickly as possible so that we can lift the cap on net metering.

The New Hampshire House and Senate now have the opportunity to reconcile the bills and present them to Governor Hassan for her signature.  Assuming this happens, New Hampshire will significantly expand its net metering program in the near term.

NH electric vehicle charging stations and utility status

As electric vehicles become increasingly popular, New Hampshire utility regulators have opened an investigation into the legal and regulatory issues implicated by the potential resale of electricity by electric vehicle charging stations.

On November 20, 2015, New Hampshire utility Liberty Utilities (Granite State Electric) Corp. d/b/a Liberty Utilities (Liberty) filed a tariff amendment to permit the resale of electricity for EVC stations, which the Public Utilities Commission docketed as Docket No. DE 15-489.  In a supporting technical statement, Liberty noted tariff language that currently prohibits the resale of electricity by most customers.  In Liberty's view, that prohibition forces owners and administrators of charging stations to charge in other manners, such as an hourly flat rate. 

On December 18, the Commission took two actions relating to the regulation of electric vehicle charging stations.  First, the Commission issued an Order of Notice announcing an investigation into the legal and regulatory issues implicated by the resale of electricity by electric vehicle charging stations.  The Commission made participation mandatory for the state's electric distribution utilities, and directed Commission staff to file a report by February 26, 2016, setting forth its conclusions and recommendations with respect to the sale of electricity to, and the resale of electricity by, EVC stations.  The Commission docketed this investigation as IR15-510.

Liberty pointed to "eighteen states that have adopted, through regulatory changes or legislation, exceptions for the resale of electricity for electric vehicle charging stations, including Maine and Massachusetts."  For example, a 2015 Maine law exempts an electric vehicle charging station provider from being considered a competitive electricity provider, and allows charging station providers to install an electrical submeter and to charge a submeter user only for kilowatt hours used,

Second, the Commission issued Order No. 25,852 in the Liberty docket on December 18, 2015, suspending the Liberty tariff amendment to permit Commission Staff (Staff) to complete the IR15-510 investigation.

Pursuant to the December 18 Order of Notice, legal memoranda are due from all electric distribution utilities and other interested persons on or before January 22, 2016.  Commission staff are scheduled to hold a stakeholder technical session on February 9, 2016. 

NH explores electric grid modernization

New Hampshire regulators are considering whether and how to modernize the state’s electric grid. In a recently opened investigation, the New Hampshire Public Utilities Commission seeks to educate stakeholders about grid modernization and to explore to what extent that grid modernization is workable in New Hampshire.

Last year, the New Hampshire Office of Energy & Planning issued its 10-Year State Energy Strategy.  In that document, the administration called for "a more flexible and resilient electric grid to support new technologies, increase consumer participation in energy management, and fortify our resiliency in the face of price and supply volatility and extreme weather events."  The first step identified in the Energy Strategy was to open a PUC docket on grid modernization:

The electric grid is aging, and changing consumer use patterns, a new generation mix, and increased threats from severe weather events require a more modern system. The New Hampshire Public Utilities Commission should open a docket to determine how to advance grid modernization in the state. In light of the potential breadth of the topic, which could include dynamic pricing, better consumer access to technology, and even rethinking the role of utilities, an investigation or information ‐ gathering proceeding may be an appropriate first step. This less formal proceeding would give all stakeholders a chance to learn about grid modernization and could inform the specific areas that should be pursued within future dockets. This would allow the PUC and stakeholders to determine which approaches will benefit New Hampshire consumers, and when and how they should be implemented.

Earlier this summer, the New Hampshire legislature enacted House Bill 614, implementing the recommendations in the Energy Strategy.  As Governor Hassan noted in her signing statement, the bill requires the Public Utilities Commission to "begin a process focused on modernizing our electric grid to ensure that we are prepared for an innovative energy future and to set an electricity peak time reduction goal, which can help lower the high costs of producing electricity when demand is greatest."

That process is now underway.  The New Hampshire Public Utilities Commission opened its investigation by order dated July 30, 2015.  The Commission gave interested parties until September 17, 2015 to provide comment on the definition, or elements, of grid modernization that should be included in its investigation.  The Commission directed its staff to schedule a technical session following a review of comments submitted, and to develop a procedural schedule for the rest of the case.

Northern Pass proposes new transmission plan

The developer of a proposed $1.4 billion electric transmission line connecting Quebec to New Hampshire has released a revised route for the project, following public opposition to earlier plans.  The new vision for the Northern Pass project would bury more of the line underground and reduce the project's overall capacity to haul power.  Will this version of the Northern Pass gain more traction?

First proposed in 2009, the Northern Pass would be a 192-mile high-voltage direct current (HVDC) transmission line.  It would bring up to 1,000 megawatts of power from Canadian power plants into New England, running from the Canadian border to a proposed converter terminal in Franklin, New Hampshire.  From there, a new alternating current (AC) transmission line would deliver the energy to New England’s electric grid at an existing substation in Deerfield, New Hampshire. 

Since it was first proposed, the Northern Pass route has drawn criticism; the project was delayed, and despite revisions to the route public opposition remained.  Throughout the process, many comments have focused on local siting impacts, like the effect of above-ground transmission lines and poles through Franconia Notch State Park, the White Mountain National Forest, and the Appalachian Trail.  Eversource proposed running 8 miles of cable underground to reduce these impacts, but argued that undergrounding more would make the project too expensive.

But the forces motivating the Northern Pass project and other proposed HVDC lines from Canada remain strong: demand in New England and New York for electricity, and in particular for hydropower and other renewable electricity imported from Canada.

On August 18, project lead Eversource Energy announced changes to the route and scope of the project.  While the previous vision included 8 miles of underground cable to avoid visual impacts, the so-called "Forward New Hampshire Plan" now includes 60 miles of underground cable. Eversource described its revised route as striking "a balance between New Hampshire and our region’s need for a reliable new energy source and avoiding potential impacts to the state’s scenic landscapes."  At the same time, the revised proposal reduces the line's capacity from 1,200 megawatts to 1,000 megawatts, ostensibly to hold total costs at the previously estimated $1.4 billion.  The plan now includes $200 million to establish the "Forward NH Fund", a pool of money designed to support clean energy innovations, economic development, community investment, and tourism.

The Northern Pass project now faces public hearings.  Eversource is expected to file an application for site review with the New Hampshire Site Evaluation Committee in mid-October.

Pittsfield NH dam repowering project

As governments and businesses consider the hydroelectric potential of existing non-powered dams, competition is heating up to claim and evaluate the best sites.  Federal regulators yesterday resolved a conflict between two developers by awarding a preliminary permit to a developer interested in studying the feasibility of repowering or rebuilding hydroelectric energy production at an existing mill dam on the Suncook River in Pittsfield, New Hampshire.

Another former mill dam in the heart of a New England village: the Doughty Dam in North Berwick, Maine.

Yesterday's order by the Federal Energy Regulatory Commission (9-page PDF) granted a preliminary permit to KC Hydro LLC of New Hampshire to study the feasibility of the Pittsfield Mill Dam Hydropower Project.  Originally built for industrial purposes, the Pittsfield Mill Dam is currently owned by the New Hampshire Department of Environmental Services.

As described in KC Hydro's original permit application (11-page PDF), the project concept involved either restoring an existing but mothballed 415 kW turbine which previously operated under an exemption from licensing, or installing entirely new facilities (potentially with a 530 kW capacity) to capture the hydroelectric potential of the water already impounded behind the dam.

After KC Hydro submitted its preliminary permit, another developer - AMENICO Green Solutions, LLC - applied for a competing preliminary permit for the same site.  AMENICO proposed a similar project, which focused on restoring the existing 415 kW turbine.  AMENICO noted that it had property rights to the site, which it claimed KC Hydro did not.

Noting that the applications were comparable, FERC recited its standard for resolving the competing claims:

Staff has reviewed the applications and found no basis for concluding that either applicant’s plan is superior to the other. Neither applicant has presented a plan based on detailed studies or the results of agency consultation. Where the plans of the applicants are equally well adapted to develop, conserve, and utilize in the public interest the water resources of the region, the Commission will favor the applicant with the earliest application acceptance date.

Because KC Hydro had applied first, FERC awarded the preliminary permit to KC Hydro.  In doing so, FERC noted that a permit applicant is not required to have obtained all access rights to a project site as a condition of receiving a preliminary permit.  However, FERC did note that a preliminary permit does not grant a right of entry onto any lands, so a permittee must obtain any necessary authorizations and comply with any applicable laws and regulations to conduct any field studies.

With its preliminary permit in hand, KC Hydro now has 3 years to investigate the site and apply for a full project license.  Will the Pittsfield dam ultimately be repowered?

May 26, 2011 - NJ to withdraw from greenhouse gas compact

New Jersey Governor Chris Christie has announced that he will pull New Jersey out of the nation's leading regional greenhouse gas cap-and-trade program.

The Maine State House, seen on a recent day of legislative debate over energy policy.

Since 2007, New Jersey has participated in the Regional Greenhouse Gas Initiative.  RGGI is the first market-based greenhouse gas regulatory program in the United States.  RGGI represents a cooperative effort by Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont.  These ten states agreed to cap and reduce their electrical energy sector's greenhouse gas emissions by 10% by 2018.

While each state's legislature implemented its own version of the compact, the overall structure is that carbon allowances are auctioned off to the power sector.  Proceeds from these auctions are invested in energy efficiency, renewable energy, and other clean energy technologies.  The program has been a success in creating jobs, reducing greenhouse gas emissions from the power sector, and funding high-yield energy efficiency projects at businesses.

If New Jersey withdraws from RGGI, it will be the first state to end its participation in the program.  Other states are considering whether to stay in the compact.  For example, New Hampshire recently considered the question, and the Maine Legislature's energy committee recently voted to support a bill to withdraw from RGGI if enough other states withdraw first.  Under LD 793 as amended, Maine would withdraw from RGGI if the total carbon dioxide emissions budget for remaining states is less than 35,000,000 tons.  While New Jersey's departure alone would not shrink the program below Maine's proposed threshold, it would represent the first concrete erosion of RGGI's base.