Boom in FERC hydro relicensing

U.S. federal hydropower regulatory staff currently has a full workload processing original license, relicense, and exemption applications, as well as its compliance and dam safety work, according to testimony presented to the House Energy & Commerce Committee, Subcommittee on Energy -- and this workload is expected to increase as many hydro projects face relicensing proceedings.

The Federal Energy Regulatory Commission regulates over 1,600 non-federal hydropower projects located at over 2,500 dams, under Part I of the Federal Power Act.  These projects collectively represent about 56 gigawatts of hydropower capacity, over half of the nation's total hydropower capacity.

The Federal Power Act generally requires non-federal hydropower projects to be licensed by the Commission if they: (1) are located on a navigable waterway; (2) occupy federal land; (3) use surplus water from a federal dam; or (4) are located on non-navigable waters over which Congress has jurisdiction under the Commerce Clause, involve post-1935 construction, and affect interstate or foreign commerce.  Licenses are generally issued for terms of between 30 and 50 years, and are renewable.

According to testimony presented to the House Energy & Commerce Committee, Subcommittee on Energy on May 3, 2017, the Commission's relicensing workload "has started to increase and will continue to remain high well into the 2030s."  Between fiscal years 2017 and 2030, the Commission projects that about 480 older projects will begin the pre-filing consultation stages of the relicensing process.  These projects facing relicensing represent about 45 percent of Commission-licensed projects, and one-third of jurisdictional licensed hydropower capacity.

The testimony also notes that some of these projects may face different standards in a relicensing context than were considered when their current or original licenses were issued.  Many projects now entering relicensing were first licensed in the early to mid-1980s, following the enactment of PURPA but prior to enactment of modern environmental standards.

For example, the Electric Consumers Protection Act of 1986 directed the Commission, when issuing licenses, to give equal consideration to power and development, energy conservation, fish and wildlife, recreational opportunities, and other aspects of environmental quality.  This mandate may not have applied to a 40-year license issued in 1982, but would come into play during a relicensing case initiated in 2017.

The House Subcommittee on Energy is considering discussion drafts and several pieces of legislation affecting hydropower, including the Hydropower Policy Modernization Act of 2017; the Promoting Hydropower Development at Existing Non-Powered Dams Act; the Promoting Closed-Loop Pumped Storage Hydropower Act; the Promoting Small Conduit Hydropower Facilities Act of 2017; and the Supporting Home Owner Rights Enforcement Act.

Total eclipses, solar PV and the grid

Utilities and electric grid coordinators are preparing for a total solar eclipse that is projected to temporarily reduce solar photovoltaic generation across parts of North America this summer. 

The 2017 total solar eclipse will be the first in the U.S. in 26 years (since Hawaii 1991), and the first in the lower 48 states since 1979.  While the duration of the total eclipse across the U.S. will be roughly 93 minutes, some areas in its path will experience up to 95% of the Sun being obscured.

The eclipse is projected to affect solar PV generation.  Solar resources occupy an increasing role in the U.S. electric generating portfolio. Between 2000 and 2016, total U.S. solar capacity increased from 5 megawatts (MW) to 42,619 MW.  But as more solar resources are connected to the grid, the potential impact of an eclipse on grid operations may change.

According to a May 1, 2017 presentation to the Board of Governors of the California ISO, the eclipse is projected to reduce solar output in the CAISO region by 4,194 megawatts, while gross load will increase by 1,365 MW.  Taking into account estimated wind production, the presentation projects a net load increase of 6,008 MW during the eclipse.

The ramp rate, or speed at which supply and demand will change, is also a factor.  The eclipse is projected to diminish solar output by about 70 MW per minute as it approaches totality, and about 90 MW per minute on the return.  By contrast, a typical average ramp rate for CAISO might be 29 MW per minute.  Thus the eclipse is projected to call for a greater degree of fast-ramping or flexible resources, compared to typical operating conditions.

But according to international electric reliability organization NERC, the August 21, 2017 total solar eclipse "is unlikely to cause any reliability issues to the North American bulk power system."  NERC documented its findings in an April 25, 2017 white paper, A Wide-Area Perspective on the August 21, 2017 Total Solar Eclipse.  NERC's report identifies California and North Carolina as the states most likely to experience the greatest impact from solar production fall-off from the eclipse. At the same time, NERC recommends "that utilities in all states perform specific studies of the eclipse’s impact of solar photovoltaic power output on their systems and retain necessary resources to meet the increased electricity demand requirements."  In particular, NERC notes that generation and system operators may greater visibility into utility-scale solar projects than into behind-the-meter or distributed solar photovoltaic resources, highlighting the need to model all scales of solar development.

Following the 2017 eclipse, the next total solar eclipse is projected to cross North America on April 8, 2024.

New England summer 2017 electricity supply forecast

New England will have an adequate supply of electricity this summer, according to the regional grid operator, but its forecasts show the possibility of occasional "tight system conditions."

ISO New England Inc. is the operator of the region's wholesale electricity markets and bulk power system.  To help inform its planning, the grid operator prepares seasonal short-term forecasts.  ISO New England's most recent projection, covering summer 2017, found that "New England is expected to have the resources needed to meet consumer demand for electricity this summer."

Weather can have a significant impact on consumer demand for electricity.  ISO New England projects that under normal weather of about 90 degrees Fahrenheit (°F), this summer's electricity demand will peak at 26,482 MW.  This forecast falls between last year's summer system peak (August 12, 2016, at 25,466 MW) and the all-time record peak demand (August 2, 2006, at 28,130 MW).  But if the summer of 2017 is unusually hot, New England might set a new record for system demand: the grid operator projects that demand could rise as high as 28,865 MW under extreme summer weather, such as an extended heat wave of about 94°F.

ISO also notes that its "forecast estimates indicate the possibility of a tighter-than-expected margin of supply and reserves" because "up to 700 megawatts (MW) of expected new resources are delayed and may not be available this summer."  In addition, the 1,500 MW Brayton Point coal- and oil-fired power plant in Massachusetts will retire, leaving New England with approximately 29,400 MW of total capacity available this summer.  Meanwhile, approximately 2,000 MW of behind-the-meter solar facilities are currently installed throughout the region, which can reduce demand for grid power.

In its press release, ISO New England noted its readiness to maintain system reliability under tight supply conditions this summer.  Measures the grid operator could take in case of a supply deficit under peak summer conditions include importing additional electricity from neighboring regions, and implementing a variety of operating procedures to keep the grid balanced including calling on demand-response resources to curtail energy use.

Fate of U.S.-Canada dam license in question

The holder of the U.S. federal hydropower license for a dam spanning the international border with Canada border has petitioned for approval to surrender that license, citing economic considerations.

At issue is the Forest City Project, located on the East Branch of the St. Croix River which forms the international boundary between the United States and Canada.  The Project operates under conditions set by the International Joint Commission (IJC) in accordance with the Boundary Waters Treaty of 1909, as well as a license issued by the U.S. Federal Energy Regulatory Commission.  The project currently operates under a license issued on November 23, 2015.  That 30-year license expires on October 31, 2045.

Licensed by the Commission as Project No. 2660, the project includes the U.S. portions of a 540-foot-long, 12-foot-high earth dam, an impoundment spanning several lakes, and appurtenant facilities. There are no generating facilities located at the project; rather, the Forest City Project operates as part of a headwater storage system along with two other projects licensed to Woodland Pulp -- West Branch Project No. 2618 and Vanceboro Project No. 2492.  Two hydroelectric generation projects are located downstream on the St. Croix River from these storage facilities, the unlicensed Grand Falls and Woodland hydroelectric projects.

On December 23, 2016, Forest City Project licensee Woodland Pulp LLC applied to the Commission to surrender its license.  A cover letter attached to that application states, "Woodland Pulp has determined that the high cost of operating the Project pursuant to the new FERC license renders the Project uneconomical." In the surrender application itself, the company cited license provisions including new operating restrictions on reservoir pool elevation, a reservation of the Commission’s authority to require additional fishways if so prescribed by the Secretary of the Interior, and a requirement to develop a Historic Properties Management Plan (HPMP), as adding risk or cost.  As noted in the surrender application, "After a comprehensive review of the conditions in the License, the minimal contribution to downstream power generation, and the significant added cost and increased complexity of the License, coupled with the loss of flexibility required to comply with the License, Woodland Pulp has concluded that it is not economic for the company to continue to operate the project.

As described by the Commission in an April 6, 2017 public notice of the surrender application, the licensee proposes to remove the gates on the west side of the spillway.  According to the licensee, removing these gates will return water flow to natural flow conditions, and the Forest City Dam will no longer act as the water control structure for East Grand Lake, nor will it use, obstruct, or divert international boundary waters.

The Commission has docketed the surrender application as P-2660-028, and set deadlines for comments, protests, and interventions in the case.

Maine community solar procurement bill, LD 1444

This week a committee of the Maine state legislature is scheduled to hold a public hearing on a bill that would direct state regulators to enter into long-term contracts to procure 120 megawatts of large-scale community solar distributed generation resources by 2022.  While Maine law currently allows some community-scale solar development, LD 1444, An Act Regarding Large-scale Community Solar Procurement, would create new structures geared toward state-sponsored long-term contracts and could open the door to broader ownership of or participation in community-scale solar in Maine.

If enacted into law as drafted, the bill would direct the Maine Public Utilities Commission to hold a series of four annual competitive solicitations by January 1, 2022.  Each solicitation would seek to procure 30 megawatts of large-scale community solar distributed generation resources.

Through an initial solicitation to be held by March 1, 2018, the Commission would set a uniform clearing price or "standard solar rate" for all awarded bids in the initial procurement.  Subsequent procurements would be subject to a declining block contract rate, under which the Commission would reduce the rate relative to the previous procurement by up to 3%.  But if the Commission were to conclude that a subsequent solicitation was not competitive, no bidders may be selected and the capacity available in that solicitation will be deferred to a subsequent solicitation.

Any resource selected for contracting would be offered a standard contract for a term of 20 years at the specified contract rate.  The resources' counterparty would be a "standard buyer" whose mission would be to "aggregate the output of the portfolio of distributed generation resources procured pursuant to this chapter and sell or use the output of these resources in a manner that maximizes the value of this portfolio of resources to all ratepayers."  Initially, the bill designates each investor-owned transmission and distribution utility as the standard buyer for its own service territory, but it would allow the Commission to designate another entity if doing so is in the best interest of ratepayers.  The benefits and costs of the procurement, shall be tracked and reviewed annually, and any gains would be allocated to from ratepayers of the project's host utility -- just as any losses would be recovered from those ratepayers.

On the project side, LD 1444 would establish a sponsor/subscriber model for large-scale community solar distributed generation resources.  A project sponsor would own or operate the resource.  A customer could subscribe for a proportional interest in such a resource, sized to represent at least one kilowatt of the resource's generating capacity.  Several additional requirements include:

• The total expected annual value of all of a customer's subscriptions must not exceed 120% of the customer's most recent annual electricity bill. 
• At least 50% of the subscriptions to a large-scale community solar distributed generation resource must be for 25 kilowatts or less, unless a municipality accounts for more than 50% of the subscriptions to a large-scale community solar distributed generation resource.
• A municipality may not account for more than 70% of the subscriptions to a large-scale community solar distributed generation resource.

Once under contract, a project sponsor and subscribers receive the contract rate for the output of a large-scale community solar distributed generation resource that is fully subscribed. For any portion not subscribed, the project sponsor receives the wholesale rate.  Each subscriber will be allocated a bill credit based on its percentage interest of the facility's total production for the previous month.  These credits must be applied against the subscriber's monthly electricity bill.

LD 1444 is scheduled for a public hearing before the Committee on Energy, Utilities and Technology on April 27, 2017.

Maine PUC releases 2015 renewable report

Maine energy regulators have released a report on the state's electricity renewable portfolio standard, presenting data from 2015.  The Maine Public Utilities Commission's Annual Report on New Renewable Resource Portfolio Requirement - Report for 2015 Activity [PDF] provides a look at Maine's renewables law, now in its tenth year on the books.  It may also inform legislative discussions later this spring about the future of Maine's renewable portfolio standard.

In 2007, the Maine legislature enacted a law requiring that specified percentages of electricity that supply Maine’s consumers come from “new” or Class 1 renewable resources, ranging from 1% in 2008 to 10% in 2017.  The law also required the Commission to report annually to the legislative energy committee on the status of this requirement and related compliance matters.

According to the report, Maine suppliers sourced approximately 891,757 renewable energy certificates or RECs, from 30 facilities, to comply with the 2015 requirement.  Of these, 20 facilities were fueled by biomass, 4 by hydropower, 3 by wind and 1 by landfill gas.  25 out of the 30 facilities were located in Maine, with 2 in New York, and one each in Connecticut, Massachusetts, and Vermont.  By REC volume, 99% came from facilities located in Maine.

The report also estimates the cost to Maine ratepayers of Maine's new renewable resource portfolio requirement.  According to the report, the cost of RECs used for compliance in 2015 ranged from "approximately $2.00 per MWh to $42.50 per MWh, with an average cost of $13.16 per MWh and a total cost of $11,738,174."  Adding in $3,018 in alternative compliance payments by one supplier, the report estimates a total cost to ratepayers during 2015 of $11,741,192.  The report translates this total cost into "an average rate impact of about one-tenth of a cent per kWh. This is equivalent to about 55 cents per month, or 1%, for a typical residential customer; $50 per month for a medium commercial customer that uses 50,000 kWh per month; and $500 per month for a large commercial/industrial customer that uses 500,000 kWh per month."

Maine law also includes a Class 2 renewable portfolio standard, requiring an additional 30% of electricity come from existing renewables and other Class 2 resources.  According to the Commission's report, the average cost of a Class 2 REC in 2015 was $0.28 per MWh, with a total cost of $965,818.  The report notes that this is "equivalent to about 5 cents per month for a typical residential customer, and $4 and $40 per month for medium and large commercial/industrial customers with the usage levels described above, respectively."

This session, the 128th Maine Legislature is considering several bills that could affect Maine's renewable energy laws, including LD 532, An Act To Remove the 100-megawatt Limit on Hydroelectric Generators under the Renewable Resources Laws, as well as LD 1185, a concept draft which "proposes to enact measures designed to update Maine's renewable portfolio standards."

Brewer Anheuser-Busch InBev sets global renewable electricity goal by 2025

World’s largest brewer Anheuser-Busch InBev SA – parent to brands including Budweiser, Corona, Rolling Rock, Michelob, and Stella Artois – has committed to sourcing its electricity entirely from renewable sources by 2025.  The move would make AB InBev the largest corporate direct purchaser of renewable electricity in the global consumer goods sector.

AB InBev makes 30% of the world’s beer, operating breweries in 50 countries. Collectively, these facilities consume 6 terawatt-hours of electricity a year, of which 7% is currently renewable-sourced.  According to a March 28 press release, changing to 100% renewable electricity will reduce the company's carbon footprint by 30%, an estimated reduction of about 2 million tons of carbon dioxide a year.

While many multinational companies “invest” in renewables by buying renewable energy credits or certificates known as "RECs", AB InBev’s plan involves no REC-buying. The company reportedly intends to obtain 75 to 85 percent of its electricity through direct power purchases under a power purchase agreement or similar commercial arrangement, with remaining 15 to 25 percent coming from on-site distributed generation installations at its facilities, like solar panels. The company has committed to producing the energy in the country in which it is to be consumed.

Sourcing renewable energy is relatively easier in some countries, like Mexico. AB InBev announced that its largest facility, a Grupo Modelo brewery, had signed contracts to get all its electricity from wind power, including 220 MW to be built by Iberdrola SA in Puebla. Those new wind projects alone, destined to supply the brewery, represent a 5% increase to Mexico's renewable energy capacity. But in other countries, most notably in Africa, a lack of markets and infrastructure to connect industrial consumers with renewable energy may prove challenging. Also worth noting is that the company's commitment relates to electricity, and not directly to fuels or heat required for beer production and distribution. 

Nevertheless, Anheuser-Busch InBev's commitment to sourcing 100% renewable electricity by 2025 across its global portfolio of facilities represents another data point in the trend of corporate direct investment in renewable energy.  Corporations including Apple, Google, and Amazon have made a variety of commitments relating to renewable electricity, citing benefits ranging from environmental sustainability to locking in power pricing.