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At least 19 records

Utility Regulation Through Legislation: A Cautionary Tale for Legislators, Regulators, Stakeholders, and Utilities

State legislatures in the U.S. are becoming increasingly involved in utility regulation. While state utility legislation can expand regulator authority, for example in the case of renewable energy or energy efficiency standard administration, it can also reduce it. Given the challenging nature of for-profit monopoly regulation, state utility legislation often reduces regulator authority unintentionally. This editorial begins with an examination of the outcomes of state legislation related to baseload generation in the U.S. and the resulting impacts to customers, shareholders, and state economies. The record indicates that utility regulation through state legislation has caused significant economic harm, generally by encouraging for-profit utilities to make riskier investments. A description of more recent state legislation involving distribution grids is presented, along with evidence that increases in grid investment encouraged by state legislation has not improved the reliability of U.S. for-profit utilities. The authors claim that features common to state utility legislation, particularly the requirement that utilities provide investment plans to regulators in advance, practically eliminates cost disallowance risk. This, in turn, reduces regulator authority despite legislative provisions intended to protect consumers. The authors hypothesize that the practical elimination of cost disallowance risk, combined with information and expertise asymmetry among regulators and stakeholders, encourages for-profit monopoly utilities to make grid investments that are not cost effective. The editorial concludes that legislators should avoid utility regulation through legislation, thereby preserving regulator authority, whenever possible. The authors also present their fifth annual Customer Value Ranking of U.S. investor-owned electric utilities. The ranking represents a comparison of the benefits utilities deliver to customers (measured by reliability performance and customer satisfaction) to the costs customers pay (measured by O&M and capital spending per customer).

ENERGY PLANNING, POLICY, AND ECONOMY,POWER TRANSMI↗

State Legislative Options to Enhance Solar Cybersecurity

One of the mitigative solutions to solar cybersecurity risks is to proactively develop legislation which can facilitate, guide, or require actionable policy and program development . Legislation can reinforce the criticality of protecting energy infrastructure from cyber threats in several ways that can have long lasting impacts . This tool outlines relevant state cybersecurity legislation examples which can apply to solar cybersecurity and can serve as frameworks for future legislation by states seeking legislative options to help mitigate these risks

14 SOLAR ENERGY↗

Assessing the Current State of U.S. Energy Equity Regulation and Legislation (2024 Update) [Slides]

Lawrence Berkeley National Laboratory (LBNL) partnered with E9 Insight (E9) to update the 2022 database of executive, legislative, and regulatory actions focusing on energy equity and directed at electricity and natural gas utilities. The resulting database contains 307 energy equity actions, which consist of documents (e.g., bills, dockets, and executive orders) identified through keyword searches associated with energy equity. Based on our review, almost half of states (32 + DC) were taking some sort of action on energy equity (i.e., executive order, PUC activity, agency plan, or executive bill). In the report, we explored temporal trends to track state actions over time across regions, outcomes, equity tenets, and objectives. We also explored what drivers led to what outcomes. Drivers were organized into legislative, regulatory, executive, and stakeholder-driven.

29 ENERGY PLANNING, POLICY, AND ECONOMY↗

Assessing the Current State of U.S. Energy Equity Regulation and Legislation [Slides]

This report examined state energy equity actions from January 2020 to July 2022. Lawrence Berkeley National Laboratory and Pacific Northwest National Laboratory partnered with E9 Insight to screen executive, legislative, and regulatory actions focusing on energy equity. A total of 95 actions were identified across 22 states and Washington, DC. Energy equity was most associated with resource planning, decarbonization, and energy efficiency regulatory focus areas. States tended to focus on distributive and procedural justice tenets over recognition and restorative justice tenets. The review also suggested that energy equity metrics are in nascent stages; most outcomes identified in equity actions did not have corresponding metrics. Affordability and energy burden were identified as metrics in multiple cases and appeared in several different forms.

29 ENERGY PLANNING, POLICY, AND ECONOMY↗

Assessing the Current State of U.S. Energy Equity Regulation and Legislation [Slides]

This report examined state energy equity actions from January 2020 to July 2022. Lawrence Berkeley National Laboratory and Pacific Northwest National Laboratory partnered with E9 Insight to screen executive, legislative, and regulatory actions focusing on energy equity. A total of 95 actions were identified across 22 states and Washington, DC. Energy equity was most associated with resource planning, decarbonization, and energy efficiency regulatory focus areas. States tended to focus on distributive and procedural justice tenets over recognition and restorative justice tenets. The review also suggested that energy equity metrics are in nascent stages; most outcomes identified in equity actions did not have corresponding metrics. Affordability and energy burden were identified as metrics in multiple cases and appeared in several different forms.

29 ENERGY PLANNING, POLICY, AND ECONOMY↗

Engagement with Ukrainian stakeholders on regulatory, legislative, and financing suggestions for mass-scale deployment of individual heat substations in Ukraine

Individual heat substations (IHSs) are important for improving the district heating (DH) infrastructure in Ukraine. The purpose of this memo is to discuss the position of key stakeholders on IHS deployment and developed amendments to the Law of Ukraine “On Heat Supply.” This memo also briefly discusses ways to bring funding for mass-scale IHS installation by DH companies.

29 ENERGY PLANNING, POLICY, AND ECONOMY↗

Battery passports for promoting electric vehicle resale and repurposing

Starting in 2026, most batteries sold in the European Union will require a battery passport. This initiative is part of a broader legislative framework, led by the European Commission, to improve sustainable battery materials sourcing practices and enable a circular economy. All batteries having a capacity of greater than 2 kilowatt-hours will be covered under the legislation, effectively encompassing all electric vehicle (EV) batteries and stationary grid storage batteries. At its core, a battery passport defines a minimum, standard set of information that must be reported for every battery made and sold (see Figure 1). Legislative actions have so far focused on labeling standards enabling raw material traceability and recycling, which has received ongoing support from the European Council and Parliament. Furthermore, work remains to finalize the electrochemical performance and durability minimum reporting requirements by 2024, which has been challenging since performance and durability are subject to many different interpretations.

25 ENERGY STORAGE↗

Analysis of the Financial Impacts of Building Performance Standard Penalties on Commercial Buildings in Aurora, Colorado

Buildings are responsible for 30% of total energy consumption worldwide. To address building energy, jurisdictions in the USA have enacted Building Performance Standards (BPS) legislation. The objective of BPS is to reduce energy consumption in buildings, thereby reducing the energy burden on utility infrastructure and other externalities. This is accomplished by setting mandatory energy use limits coupled with penalties for exceeding those limits. One of the key questions in BPS policymaking is how these penalties might impact the finances of building owners and tenants. This paper presents an analysis of BPS penalties in Aurora, Colorado, specifically targeting buildings impacted by the adopted statewide BPS legislation. Several BPS penalty structures were applied to the affected building stock in Aurora, and the potential impacts on building owner returns and tenant rents were estimated. The results show that for some combinations of building types and penalty structures, potential rent increases due to penalties could match or exceed typical yearly rent increases. The results also show that in most cases, for Aurora, there was no statistically significant difference in impact between buildings located in under-resourced and well-resourced areas.

32 ENERGY CONSERVATION, CONSUMPTION, AND UTILIZATI↗

Additive manufacturing: a challenge to nuclear nonproliferation

Additive manufacturing (AM) is a rapidly developing technology that allows industries to automate and simplify the production of highly complicated items. Recently, there are concerns that AM techniques have the potential to be utilized in the fields of nuclear weapons and nuclear enrichment technology. Presently, there are very few international or domestic export controls that apply to AM's role in the nuclear industry, constituting an unmanaged proliferation pathway. Pre-existing export controls focus on general concepts and processes and do not consider specific nuances of various techniques that are categorized as additive manufacturing. To introduce legislation and controls that will be effective in monitoring proliferation pathways, one must investigate and characterize AM techniques and their nuclear applications. This paper categorizes and ranks 33 AM techniques based on their potential impact on the nuclear fuel cycle and the development of nuclear weapons. Through this method of characterization and categorization, export controls would address specific AM nuclear proliferation risks without disrupting the entire industry and fuel cycle. Additionally, legislation employing this method would identify loopholes in export controls using a holistic approach to managing and monitoring proliferation pathways.

38 RADIATION CHEMISTRY, RADIOCHEMISTRY, AND NUCLEA↗

Cataloging US state policy patterns towards microgrid deployment

Frequent extreme weather events have called for rigorous and timely efforts for alternative non-wire solutions. These efforts are getting more widespread to offer a perfect alternative as the conventional grid becomes progressively less resilient. One of these solutions is microgrids that can disconnect from the grid and offer grid resilience during an outage. While this technology is still finding its footing in the industry, states across the US are employing policy patterns and forms of instruments to support its deployment. This study includes a systemic review of the US by conducting a binary analysis of all 50 states (including Washington D.C, excluding other US territories) using seven variables. The results show four major policy approaches to microgrids: i) supporting microgrids through a definitive legislative activity leading to further policy action; ii) direct efforts from the public utilities commissions without a concrete legislative push; iii) initiatives from institutions other than the commissions; and lastly, iv) self-initiated community and private consumer efforts. The results help understand what policy instruments are being used in each of these patterns to support this niche technology that still faces regulatory challenges.

Furqan, Maham↗

Emissions and Energy Impacts of the Inflation Reduction Act

If goals set under the Paris Agreement are met, the world may hold warming well below 2 degrees C (1); however, parties are not on track to deliver these commitments (2), increasing focus on policy implementation to close the gap between ambition and action. Recently, the US government passed its most prominent piece of climate legislation to date - the Inflation Reduction Act of 2022 (IRA) - designed to invest in a wide range of programs that, among other provisions, incentivize clean energy and carbon management, encourage electrification and efficiency measures, reduce methane emissions, promote domestic supply chains, and address environmental justice concerns (3). IRA's scope and complexity make modeling important to understand impacts on emissions and energy systems. We leverage results from nine independent, state-of-the-art models to examine potential implications of key IRA provisions, showing economy-wide emissions reductions between 43 and 48% below 2005 levels by 2035.

electricity↗

CO2 Transport Planning Database

The CO2 Transport Planning Database v3.0 is a geospatial resource, containing over 70 gigabytes of data representing critical considerations for the spatial routing of pipelines and transport of CO2, from source to sink. Considerations include state-specific legislation, land use requirements, existing infrastructure, and hazard prevention areas. Built to support strategic domestic energy transport planning and development, more than 60 layers of this database have been weighted (Weight fields) according to current legislation and pipeline construction recommendations. Weighted values range from zero to one, where zero represents potentially more acceptable areas for transport based on the various considerations, and a value of one represents areas that should be avoided. This geospatial database provides a baseline for the Smart CO2 Transport Planning Tool.

Boundaries↗

Third-Party Aggregation Rulemaking in MISO and SPP Footprints

The report highlights key considerations for retail regulators in the footprints of the Southwest Power Pool (SPP) or Midcontinent Independent System Operator (MISO) in states that previously opted out of allowing third-party aggregation participation under FERC Order 719 and that may want to explore reversing the decision due to a changing policy environment under new FERC orders (i.e., 2222) and/or tightening resource adequacy constraints. Through a document review and a series of 27 interviews with regulators, aggregators, and other industry professionals, this document provides a high-level policy overview of the retail regulator’s role in a selection of processes, rules, and regulations to better understand how states have treated and/or integrated aggregators into wholesale markets. The report summarizes findings in two sections: General Findings and Specific Policy Findings. The General Findings offer high level takeaways such as the fact that 17 of the 20 states in MISO and SPP footprints opted out of third party aggregations following Order 719. Additionally, there is only one state that is fully restructured in the MISO and SPP footprints whereas the rest are vertically integrated, and the majority of third-party aggregations in the U.S. take place in restructured states outside of these footprints. Even so, third-party aggregations do take place in MISO and SPP albeit in small numbers and in an ad hoc regulatory environment. The specific policy findings delve deeper into specific examples of state actions on the topics of jurisdiction, registration and licensing, data governance, dual participation, and dispute resolution. Tables in each category organize state actions into Tiers I-III, which roughly correspond to the possible level of involvement or possible change necessary by state regulators and/or legislators to implement these actions. The tier level does not indicate any value judgement, as each state has respective regulatory limitations and each decision comes with various tradeoffs. One main tradeoff is between simplicity and quick implementation versus comprehensive and prolonged implementation. In many cases, actions in Tier I could be implemented without significant changes by relying on the use of existing processes for an aggregator context. On the other hand, many actions in Tier III are more narrowly designed to address aggregators specifically, but often require more significant changes including the involvement of additional parties through stakeholder engagement or legislative action. In some cases, these tiers are discrete. However, state regulators may also choose to progress through these various tiers sequentially as they phase in aggregators while learning from their experience. With the ability to stack bulk system level services, distributed energy resource aggregations in MISO and SPP could provide various private benefits (e.g., increased value streams to the owner) as well as societally beneficial grid services (e.g., peaking capacity, ancillary services, and other services that increase the grid’s overall operational efficiency). In deciding how to best to enable these benefits, states and retail regulators must weigh various tradeoffs if considering reversing a previous opt out.

29 ENERGY PLANNING, POLICY, AND ECONOMY↗

Community Solar Policy Landscape and Pathways to Meaningful Benefits: A Review of Equitable Access and Household Savings

As of August 2024, community solar legislation and policies have been implemented in 24 U.S. states and localities, including the District of Columbia. These policies have driven significant growth in the community solar market. The states that have enacted legislation accounting for over 62.8% of the country's installed capacity. Community solar policy designs are evolving, with many states expanding programs, enhancing equitable access, and ensuring household savings.

14 SOLAR ENERGY↗

State Requirements for Electric Distribution System Planning

Utilities have conducted distribution planning since they first began building and operating electricity systems. But filing these plans for regulatory and stakeholder review is a relatively recent phenomenon. This report summarizes legislative and regulatory requirements for regulated electric utilities to file some type of distribution system plan in 20 U.S. jurisdictions. Some plans focus on expedited cost recovery for certain types of distribution system improvements; other plans focus on investments for grid modernization or distributed energy resources. Increasingly, states are adopting requirements for Integrated Distribution Plans. Such plans provide holistic grid investment strategies that address state and local policies and increasing complexity at the grid edge. The report covers the following topics for distribution system plans, highlighting advanced practices: -State goals and objectives -Procedural requirements -Forecasting loads and distributed energy resources -Hosting capacity analysis -Baseline information requirements -Grid modernization strategy -Grid needs assessment -Non-wires solutions -Reliability and resilience analyses -Stakeholder engagement -Equity -Pilots -Coordination with other planning processes The report includes links to legislation; regulatory requirements, proceedings, and orders; and filed utility plans. The U.S. Department of Energy’s Office of Electricity provided funding support.

24 POWER TRANSMISSION AND DISTRIBUTION↗

A Computational Review of Privacy-Preserving Mechanisms for the Smart Grid

Smart grid technologies have rapidly become one of the largest and most comprehensive sources of data for the modern utility. For the most part, data streams are seen as an essential tool that enable utilities to carry their day-to-day business operations, but they also create the need for efficient and secure data management strategies. In the context of the smart grid, ensuring data privacy is becoming an increasing concern due to a combination of factors that range from shifts in operational paradigms and rapid technology evolution to changes in legislation. Furthermore, researchers have highlighted the risks associated with improperly protected energy records. For example, energy consumption data from homes could be used to infer the behaviors and habits of home occupants through activity recognition or user profiling (Fan, 2017), which may lead to unfair service pricing, targeted advertising, or other personal security violations. Similarly, Electric Vehicles’ (EVs) charging metadata could be used to reveal private information about the owner such as their payment methods, preferred charging stations, and other locational and timing information that could be used to reconstruct the vehicle owner’s behaviors. The privacy of user data, even when used for statistical analysis or machine learning training processes, also needs to be carefully considered, as an individual’s private traits may still be vulnerable if their inclusion/exclusion greatly impacts the result or could be linked to a public dataset through cross-reference. The breach of user privacy also has severe impacts for organizations that store, transmit, or work on the data in the form of diminishing the public’s trust in them while potentially incurring legal consequences (e.g., fines and suspensions under the European Union General Data Protection Regulation, Health Insurance Portability and Accountability Act, etc.). Because of these risks, several privacy-preserving mechanisms are available to help organizations comply with privacy legislations and prevent the unauthorized and malicious use of user data. In light of these concerns, this report focuses on performing a computational review of privacy-preserving mechanisms that have received a significant amount of interest in literature. It specifically focuses on 1) homomorphic encryption, 2) zero-knowledge proofs, 3) differential privacy, and 4) federated learning. It is worth noting that although many of the methods presented in this document rely on cryptographic primitives, their intent is not to provide perfect secrecy, but rather to enable users to maintain privacy, and thus they shall not be compared or equated to other constructs that are aimed to address cybersecurity constructs.

24 POWER TRANSMISSION AND DISTRIBUTION↗

Recommendations to Improve Nuclear Licensing: Update to INL/RPT-23-72206, Recommendations to Improve the Nuclear Regulatory Commission Reactor Licensing and Approval Process

In 2023, various stakeholders had asked for BEA’s thoughts and recommendations to improve the U.S. Nuclear Regulatory Commission’s (NRC) licensing review and approval process. This included an April 14, 2023 request from the House Committee on Energy and Commerce on “information and recommendations to improve the licensing review and approval process, . . . as well as the siting, licensing, construction, and oversight of advanced nuclear reactor technologies.” In response to these requests, BEA prepared and published INL/RPT-23-72206, Recommendations to Improve the Nuclear Regulatory Commission Reactor Licensing and Approval Process (2023 Report). The 2023 Report included 13 recommendations related to streamlining NRC hearings, expediting NRC safety and environmental reviews, otherwise improving NRC licensing, and providing financial benefits to new reactor projects. Many of these earlier recommendations were addressed through various legislative actions or changes made by the NRC. Section 2 of this report addresses the current status of those earlier recommendations. BEA recently received a new request from the House Committee on Energy and Commerce seeking any suggestions for additional areas to examine or potential reforms “that may assist in modernizing the licensing and regulatory process that affects civil nuclear deployment.” Additionally, the new Secretary of Energy has identified initial DOE actions to support unleashing the golden era of American energy dominance, including “Unleash Commercial Nuclear Power in the United States” and “Streamline Permitting and Identify Undue Burdens on American Energy.” Given these developments, BEA has prepared a new set of updated recommendations in this report. The recommendations include updated versions of recommendations from the 2023 Report which have not been fully adopted, as well as entirely new recommendations. This set of recommendations has a slightly broader focus with some recommendations focused on DOE authorizations and some recommendations related to nuclear licensing beyond new reactors. Each recommendation below also identifies whether the recommendation would require legislative action or could be addressed directly by the respective agency.

22 GENERAL STUDIES OF NUCLEAR REACTORS↗