Independence Institute comments to CDPHE on Clean Power Plan implementation in Colorado

Thanks to the Colorado Department of Public Health and Environment for holding this event.

A few comments for the agency to consider.

First, in your December 2014 comments, the Colorado Department of Public Health and Environment, the Colorado Public Utilities Commission, and the Colorado Energy Office all maintained that ‘In Colorado, the PUC has exclusive statutory authority to regulate the IOUs and associated electric resource decisions’ and that ‘depending upon the plan elements proposed by Colorado, legislation may be needed to clarify or direct state agencies on their respective roles and authorities’–and since no legislation appears to have clarified this point, how do you expect to proceed?

Second, the state’s top law enforcement official Attorney General Cynthia Coffman believes the CPP to be overreach and has joined more than one dozen other states suing the EPA to stop the CPP. The EPA has even said in its brief in response to petitions for extraordinary writ in the D.C. Circuit:

“…if a state believes it appropriate to do so, it could defer much of the planning effort until judicial review is complete. The initial submittal requires substantially less than a state plan.”

We are pleased to hear today that this advisement has been acknowledged and that CDPHE will take the maximum time allowed.

Third, we hope that you include more input from citizens and ratepayers, the most important stakeholders in the state. A recent Magellan poll revealed 59% of Colorado voters want to WAIT for all legal challenges to be completed BEFORE Colorado complies and the EPA says that’s okay. So it seems prudent to wait for legal challenges to be completed. In the meantime we shouldn’t be planning compliance but rather studying what the CPP’s impact on the economy and Colorado’s working family, low income and minorities in a fair and open way. We need to know the full impact of the estimated $600 additional cost per year per Colorado family for no measurable impact on emissions.

In that light, we wonder how Colorado will remain committed to ensuring reliable and affordable electricity if it pushes forward with a plan without allowing legal challenges to be resolved?

Thank you for this opportunity to speak on behalf of Colorado citizens and ratepayers. We appreciate CDPHE’s process and support an open, transparent stakeholder process subject to relevant legislation.

Letter to Hick: New Belgium, renewable companies encourage Clean Power Plan implementation

July 31, 2015 by michael · Comments Off
Filed under: Environmental Protection Agency, Legal, renewable energy, solar energy, wind energy 

New Belgium Brewing Company, along with Colorado renewable companies and a few dozen other organizations, has submitted a letter today to Governor John Hickenlooper, encouraging the state’s top official to move forward in a timely manner to impose the Environmental Protection Agency’s Clean Power Plan rule on carbon reduction, stressing the importance of renewable energy:

We, the undersigned companies and investors, have a significant presence in Colorado and strongly support the implementation of the Environmental Protection Agency’s Carbon Pollution Standards for existing power plants. These standards, also called the Clean Power Plan, are critical for moving our country toward a clean energy economy. The Plan’s flexible approach provides an exciting opportunity for states to customize their own energy portfolio, expand clean energy solutions, attract new industries to the state, and create thousands of jobs.

Our support is firmly grounded in economic reality. Clean energy solutions are cost effective and innovative ways to drive investment and reduce greenhouse gas emissions. Increasingly, businesses rely on renewable energy and energy efficiency solutions to cut costs and improve corporate performance. In 2014, a study by Ceres, Calvert Investments and the World Wildlife Fund revealed that 60 percent of Fortune100 companies have set their own clean energy targets and have saved more than $1 billion a year in the process.

Clear and consistent policies can send market signals that help businesses and investors plan for the future. We are seeking long-term policies that provide businesses the certainty needed to transition to a clean energy economy. Electric power plants are the single largest source of carbon pollution in the United States and the Clean Power Plan will be pivotal in reducing their emissions.

As you develop your implementation plan we hope you will include the building blocks of renewable energy and energy efficiency, which will allow you to mitigate the risks of climate change and the volatility of fossil fuel prices.

To “send market signals,” this group would prefer onerous regulation that threatens places like Craig, Colorado and Moffat County in favor of preferred investments, and perhaps more importantly, preferred investors.

Send clear market signals = government picking energy winners and losers.

The full text of the letter and complete list of signatories:

Clean Power Plan Governor Letter – CO

June 4 Energy Roundup: Hickenlooper vs. EPA, New Mexico enviro officials cast doubt on Clean Power Plan, and the return of ‘green’ billionaire Tom Steyer

June 4, 2015 by michael · Comments Off
Filed under: Archive, Environmental Protection Agency, Legislation, New Energy Economy, PUC 

The Independence Institute’s Amy Oliver Cooke will moderate a free panel on June 17 in Steamboat Springs, Colorado, discussing the embattled Colowyo Coal Mine in northwest Colorado:

“The Coming Storm of Federal Energy Regulations and Their Impact on Colorado Business”

Are you concerned about the future of the Colowyo Coal Mine? Want to know more about costly new EPA regs on carbon and ozone??

Join our panel of experts to get the facts and get your questions answered.

WHEN: 5:30 to 7 p.m., Wednesday, June 17 (doors open at 5 p.m.; cash bar)

WHERE: Strings Music Pavilion, Steamboat Springs, Colorado

**FREE AND OPEN TO THE PUBLIC**

Questions? info@steamboatinstitute.org or (970) 846-6013

Moderator: Amy Oliver Cooke
Director, Energy Policy Center Independence Institute

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FORUM PANELISTS

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RAYMOND L. GIFFORD
Attorney/Partner, Wilkinson Barker Knauer LLP; former Chairman of the Colorado Public Utilities Commission

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DAN BYERS
Senior Director of Policy, Institute for 21st Century Energy – U.S. Chamber of Commerce

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LEE BOUGHEY
Senior Manager of Corporate Communications & Public Affairs – Tri-State Generation & Transmission Assoc.

***

One of New Mexico’s leading environmental officials calls the Environmental Protection Agency’s Clean Power Plan’s scope–and legality–into question:

New Mexico environmental officials are among others in two dozen states pushing back against proposed federal restrictions on emissions from existing power plants. Without state support, the proposed Clean Power Plan won’t reduce carbon dioxide emissions the way the Obama administration hopes it will, according to a new report released by the nonprofit Brookings Institute.

When it comes to clean air, the federal government can set standards, but states decide how to enforce them. New Mexico Environment Department Secretary Ryan Flynn, an attorney, is one of many environment officials across the country who think the rule has problems and may be illegal.

“We agree with the overall goal of the proposed Clean Power Plan,” said department spokeswoman Allison Majure in a statement. “However, we are also extremely concerned about the unprecedented breadth of the proposal.”

New Mexico’s comments on the CPP revealed a pattern of failing by the EPA to communicate with other agencies and states in crafting the proposed clean air regulations:

Majure added in her statement, “The Environmental Protection Agency is using the Clean Air Act, which was designed to control air pollution at the source, to dictate America’s energy policy for the next 20 years,” reflecting comments the department filed with the EPA regarding the rule months ago.

She also said the EPA failed to consult with the Federal Energy Regulatory Commission, energy producers and the Department of Energy in crafting the plan.

The full Brookings report in the article above can be viewed and downloaded here.

***

State Sen. Jerry Sonnenberg (R-SD1) examines Gov. Hickenlooper’s capitulation to the EPA over implementing the Clean Power Plan:

While the letter between US Senate Majority Leader Mitch McConnell and Colorado Gov. John Hickenlooper was the focus of the media, it’s a third letter dated December 1, 2014, from the heads of Colorado’s three environmental agencies to the EPA, which will impact Colorado’s three million business and residential utility customers. After 2017, those customers will likely be paying much higher prices as a result of mistakes and miscalculations made over the past year by state and federal officials.

icon_op_edSen. McConnell’s March 19 letter called on all 50 state governors to delay compliance with an EPA carbon-cutting plan until the legality of the plan has been settled in court. Thirteen states are suing to block the EPA plan on legal and constitutional grounds. Hickenlooper’s response, which some climate crusaders cheered as a brush-off of McConnell, indicated that Colorado intends to comply with EPA mandates, which the governor believes are legal.

The bottom line here is that Gov. Hickenlooper has been consistently inconsistent when dealing with recent regulatory onslaughts from Washington. For example, he’s been reasonably proactive in opposing a threatened species listing for the Sage Grouse, and he’s also been forceful in responding to the potential shut-down of the Colowyo coal mine near Craig. But on the EPA’s “climate change” agenda – and the new EPA rules further restricting the state’s control of small bodies of water — that healthy skepticism has been missing.

Indeed.

***

Finally, former fossil fuel and hedge fund billionaire turned green crusader, Tom Steyer, appears to be doubling down on Colorado after a failed 2014 election cycle, as the folks from Energy In Depth report:

San Francisco billionaire and environmental activist Tom Steyer, who spent more than $7 million in a failed campaign to defeat U.S. Senator Cory Gardner (R-Colo.) last year, is keeping his Colorado political operation in place. Campaign finance reports show Steyer’s campaign arm, NextGen Climate Action Committee, has spent more than $80,000 on polling and research in Colorado this year.

Steyer, whose foundation is known for writing large checks to green groups, is also strengthening his ties with environmental organizations in Colorado. This week, he will be in Denver to accept an award from Conservation Colorado. Dubbed “Colorado’s largest political event for the environment,” other attendees will include elected officials and leaders from the state’s environmental movement.

Last year, Steyer held talks with millionaire Boulder Congressman Jared Polis (D-Colo.) about splitting the cost of putting anti-fracking measures on the statewide ballot. Ultimately, those measures were pulled before they could reach the ballot, and Steyer chose instead to put his money behind a failed campaign against Gardner. Through it all, Steyer worked with “ban fracking” groups and national environmental organizations to effectively campaign against Colorado’s energy industry, its supporters, and tens of thousands of men, women and families whose livelihoods depend on the oil and natural gas sector. He lost badly, but Steyer is coming back for more.

We’ll have an update next week on Steyer’s visit, and if any of his comments during the Denver trip are made public.

Independence Institute at the “Stop the EPA Power Grab” Rally

August 6, 2014 by michael · Comments Off
Filed under: Environmental Protection Agency, Legal, Legislation, preferred energy, renewable energy 

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More than 400 people turned out last week for the “Stop the EPA Power Grab” rally for affordable energy just across Lincoln Avenue from the west steps of the Capitol.

Coal miners, their families, representatives of more than 20 allied mining and natural resource groups, union members, business leaders, and affordable energy activists from Colorado and many states across the Rocky Mountain region gathered to address the Environmental Protection Agency’s “listening tour” for its newly unveiled “Clean Power Plan.”

The Independence Institute was a co-sponsor of the event, along with Americans for Prosperity-Colorado, the Colorado Mining Association, and several other business and civic groups from Wyoming, Montana, and Utah. Union groups represented included the AFL-CIO of Wyoming and Boilermakers of Montana.

Over the next two years, the EPA expects each state to develop its own plan to reduce carbon emissions by 30 percent below 2005 levels.

These regulations are designed to hurt coal–and by extension, will harm low income, minorities, the elderly, and rural communities that rely on coal for affordable, reliable energy. The rule will likely artificially raise the price of electricity substantially, while inefficient and more expensive sources of energy are substituted.

While agnostic on the question of energy sources, the Independence Institute is not agnostic on the intrusion of government in the free market energy arena, and believes that each state’s energy mix should be market-driven, not shaped by onerous and far-reaching regulations that stifle competition and raise electricity rates.

That was the message the Independence Institute wished to share with the attendees last week.

The text of my speech, more or less as delivered:

Good afternoon! My name is Michael Sandoval and I’m an energy policy analyst and investigative reporter for the Independence Institute, and I’d like to tell you a little bit about how mining brought my family to Colorado 86 years ago.

More than 100 years ago, my great-grandfather Anthony, a poor Italian immigrant, moved to Utah to mine coal and achieve the American Dream–earn a living for his growing family. With the money he earned from coal mining, he moved to Denver’s Little Italy, and in 1928, along with his son–my grandfather–he purchased a grocery store that was a fixture in the Italian-American community for 7 decades, eventually becoming an historic landmark.

I stand before you a product of that rich mining heritage, and I am deeply grateful for it.

I also stand WITH you. I will NOT let the EPA CRUCIFY COAL–to use the words of Al Armendariz, former EPA administrator and now Sierra Club’s Beyond Coal campaigner.

Our natural resources are both a blessing and a driving economic force in our region. They provide tens of thousands of good-paying jobs and they keep the lights on and, this time of year, the air conditioning running not just for us but for our most vulnerable community members.

But EPA outsiders have decided that a different energy path should be followed. They pay lip service to those affected by having a handful of “listening tours” AFTER they’ve decided which predetermined policy course they should undertake.

That is why we are here today. To let the EPA know that we already have ABUNDANT AFFORDABLE, AND MOST IMPORTANTLY, RELIABLE ENERGY.

The Independence Institute is agnostic on energy sources–we do not care if the energy comes from hydro, coal, solar, natural gas, nuclear, or wind–but we are not agnostic on the subject of government intrusion into the energy sector–free energy markets, not preferred energy mandates, should guide our economy.

Achieving our own energy mix should come from market forces as businesses and consumers choose what is best for them, not onerous regulations imposed by anonymous EPA bureaucrats.

Government agencies like the EPA or the Department of Energy should NOT be in the business of picking energy winners and losers with this proposal, which EPA DIRECTOR GINA MCCARTHY ADMITTED “ISN’T ABOUT POLLUTION CONTROL” JUST LAST WEEK IN A SENATE COMMITTEE.

THIS PITS corporate cronies–WHAT MCCARTHY DUBS “INVESTMENT OPPORTUNITIES IN CLEAN AND RENEWABLE ENERGY” against the poor, the elderly, minorities, rural communities.

Nothing was more poignant than last October, when the EPA last made a stop at its Region 8 office, as miners and rural business owners and suppliers–along with their families–were forced to plead for their livelihoods with agency representatives.

We are here, along with all of the other organizations and friends here today, to say NO–say it with me–NO–to the EPA’s energy power grab.

DON’T BE FOOLED into thinking this is just about coal, or that hydraulic fracturing is just about natural gas. Folks, this is about an agenda for putting an end to the use of ALL of our natural resources, not just in Colorado, but in the entire Rocky Mountain West.