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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↗

Legislated emergency locating transmitters and emergency position indicating radio beacons

An emergency locating transmitting (ELT) system comprising a legislated ELT modified with an interface unit and connected by a multiwire cable to a remote control monitor (RCM), typically located at the pilot position. The RCM can remotely (1) test the ELT by disabling the legislated swept tone and allowing transmission of a single tone, (2) turn the ELT "on" for the legislated ELT transmission, and (3) reset the ELT to an "armed" condition. The RCM also provides visual and audio indications for transmitter operating condition as well as ELT battery condition. Removing the RCM or shorting or opening the interface input connections will not affect traditional ELT operation.

William R Wade↗

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↗

A legislator's guide to LANDSAT

The LANDSAT satellite is an effective tool in meeting the natural resources data requirements of state and federal legislation. The availability of data from the satellite is beginning to have an impact on state legislature activities. An overview of the history, operation, and data analysis techniques, is presented as well as a discussion of the advantages and limitations of this method of remote sensing. Applications are discussed in the areas of (1) land resource planning and management; (2) coastal zone management; (3) agriculture; (4) forestry; (5) routing and siting; (6) environmental monitoring; and (7) geological exploration. National and state sources from which information about LANDSAT technology is available are listed.

Source record↗

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↗

Legislative Origins of the National Aeronautics and Space Act of 1958

A transcript of a 1992 collective oral history with several individuals who helped to draft the Space Act in 1958 is presented. Contributors include: Paul G. Dembling, Willis H. Shapley, Eilene M. Galloway, Glen P. Wilson, George Reedy, H. Guyford Stever and George Siegel.

Logsdon, John M.↗

Soil erosion and sediment control laws. A review of state laws and their natural resource data requirements

Twenty states, the District of Columbia, and the Virgin Islands enacted erosion and sediment control legislation during the past decade to provide for the implementation or the strengthening of statewide erosion and sediment control plans for rural and/or urban lands. That legislation and the state programs developed to implement these laws are quoted and reviewed. The natural resource data requirements of each program are also extracted. The legislation includes amendments to conservation district laws, water quality laws, and erosion and sediment control laws. Laws which provides for legislative review of administrative regulations and LANDSAT applications and/or information systems that were involved in implementing or gathering data for a specific soil erosion and sediment control program are summarized as well as principal concerns affecting erosion and sediment control laws.

Klein, S. B.↗

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↗

The law's interface with expanding technology

The role of the law in technology assessment is described in generalized terms of a legal system as it confronts expanding technology. The functions of a technology assessment are considered to be twofold; provide for legislative action designed to channel technological advance along lines which are regarded as optimal from the standpoint of society's interests; and encourage and promote legislative action which will deal decisively with the potential disruptions and injuries caused by technology at a much earlier stage of the growth of the technology than is feasible under the present legal system. It is concluded that since new law always has a disruptive effect on expectations and commitments arrived at under old law, it is generally desirable that new legislation should make the least possible change in the law consistant with accomplishing the desired objective.

Green, H. P.↗

Large Gain in Air Quality Compared to an Alternative Anthropogenic Emissions Scenario

During the last 30 years, significant effort has been made to improve air quality through legislation for emissions reduction. Global three-dimensional chemistrytransport simulations of atmospheric composition over the past 3 decades have been performed to estimate what the air quality levels would have been under a scenario of stagnation of anthropogenic emissions per capita as in 1980, accounting for the population increase (BA1980) or using the standard practice of neglecting it (AE1980), and how they compare to the historical changes in air quality levels. The simulations are based on assimilated meteorology to account for the yearto- year observed climate variability and on different scenarios of anthropogenic emissions of pollutants. The ACCMIP historical emissions dataset is used as the starting point. Our sensitivity simulations provide clear indications that air quality legislation and technology developments have limited the rapid increase of air pollutants. The achieved reductions in concentrations of nitrogen oxides, carbon monoxide, black carbon, and sulfate aerosols are found to be significant when comparing to both BA1980 and AE1980 simulations that neglect any measures applied for the protection of the environment. We also show the potentially large tropospheric air quality benefit from the development of cleaner technology used by the growing global population. These 30-year hindcast sensitivity simulations demonstrate that the actual benefit in air quality due to air pollution legislation and technological advances is higher than the gain calculated by a simple comparison against a constant anthropogenic emissions simulation, as is usually done. Our results also indicate that over China and India the beneficial technological advances for the air quality may have been masked by the explosive increase in local population and the disproportional increase in energy demand partially due to the globalization of the economy.

Law (Jurisprudence)↗

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↗