November 20 Colorado Energy Cheat Sheet: Sierra Club to push for 100% renewables in Colorado; EPA Clean Power Plan hearing draws opposing sides; COGCC discusses new regs

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(Image Credit: Michael Sandoval)

The Independence Institute’s Energy Policy Analyst Michael Sandoval delivered this statement to the Environmental Protection Agency’s November 16 hearing in Denver, Colorado on the agency’s proposed federal plan and model trading rules for the Clean Power Plan:

In its 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’.

In a proposed mass-based emissions allocation trading market to trade eligible resource credits (ERCs), who is the market maker? It would appear to require institutional apparatus of some sort–what enabling legislation in Colorado is required? In other states? If no legislation at this level is required, why not?

Markets are complex and difficulty in trading–what are the rules? how are the rules established? Who handles disputes and is the ultimate arbiter? How are the credits created in the trading mechanism?

The Independence Institute is a free market think tank interested in promoting the free market in energy resources, but as nice or well-intentioned a trading market for ERCs sounds at first glance, it becomes evident that government-created “markets” are simply picking energy winners and losers, often arbitrarily, often without actual considerations of cost or impact, but rather to self-serving goals contained within a given policy, such as the Clean Power Plan. When those transactional costs of trading ERCs rise, who will pay them? The inefficiencies won’t be borne at the administrative or even generating level, but by the ratepayers and taxpayers, not all of whom will be prepared for the rising costs of the Clean Power Plan itself, much less in terms of wealth transfers from state to state as the trading scheme expands.

So far, as with much else from the rollout of the Clean Power Plan, the timeline for market creation is heavily compacted. Information from CDPHE in September on question of trading was light and unhelpful. As it appear now it is a scribbling of generalities, and it is difficult to comment because it appears to be more like a make-up-as-you-go, details to be sketched in later program that will prove harder, more expensive, and more nuanced than any central planning or federal trading scheme could possibly account for ahead of time.

These comments, of course, fall into the requisite acknowledgement of the ongoing legal, technical, and other shortcomings of the overall Clean Power Plan. Proposing a FIP and trading scheme would appear to be adopting a one-size-fits-all scheme to hasty environmental and electric generation planning at federal and state levels, and an expansion of EPA control over generation, distribution, and energy choice at the state level.

Compressing the timeline in 2016 will leave states scrambling without guidance ahead of their initial state plan submissions in 2016. Complicated mechanisms like a credit trading scheme, besides being legally or technically burdensome, surely deserve a measured approach. Concerns about the CPP or a credit trading system will continue with retards to electric reliability and electricity prices, something the state of Colorado has indicated is a foremost consideration, should we be able to take the state’s agencies and political establishment at their word.

Finally, all portions of the CPP must and should address the regressive nature of raising electricity prices on the nations’ poor, minority, elderly, and other vulnerable communities.

Thank you.


The Denver Business Journal captured some other responses at Monday’s EPA Clean Power Plan hearing:

Kim Stevens, Environment Colorado:
“We’re already seeing the impacts of climate change here in Colorado, from drought to floods, and these extreme weather events will only get worse without bold action to slash carbon pollution.”

Laura Comer, the Sierra Club’s Beyond Coal campaign:
“The Clean Power Plan shows that the United States has a real, enforceable plan to curb dangerous carbon pollution and that we are truly to committed to combating climate disruption. We cannot let attacks from big polluters and their allies lessen our chances of a strong international agreement and undermine the safety of our communities.”


More reaction in the Denver Post:

“The EPA regulations will cost Colorado jobs, will cause electricity prices to soar and threaten the reliability of the electrical grid by mandating a wholesale restructuring of our electricity system for no appreciable benefit to the climate,” Colorado Mining Association president Stuart Sanderson said.

Sanderson and National Mining Association officials pointed to industry-backed studies saying power costs for residents of Colorado and other states would increase by around 30 percent between 2022 and 2030.

The plan leaves it to states to implement changes subject to EPA approval. EPA officials have said they will take into account each state’s current energy mix. If a state fails to act, federal officials would impose “an implementation plan” on that state.

The feds held the hearings on implementing the plan in Pittsburgh last week and, after Denver, will hear from residents in Atlanta and Washington D.C. A second day of comments are scheduled to continue Tuesday morning in Denver.

Sanderson called the Clean Power Plan a “stealth energy tax” for Coloradans.***

Many folks who push for clean energy or regulations like the EPA’s Clean Power Plan say that these programs will create jobs–but they never seem to remember the jobs these anti-energy choice mandates end up killing, like the more than 200 jobs Union Pacific will likely slash due to decreases in coal transportation in Colorado:

Union Pacific this week notified workers it will shutter its Burnham Shop repair yard in central Denver, putting more than 200 jobs on the line and darkening a piece of Colorado history.

Operations at Burnham will halt Feb. 14, the Omaha-based railroad said.

“The well-documented decline in the coal carloadings in Colorado — a result of natural gas prices and regulatory pressure — has diminished the need for locomotive repairs and overhauls in the Denver area,” Calli B. Hite, a Union Pacific spokeswoman, said in an e-mail to The Denver Post.

Loaded coal trains originating in Colorado have decreased 80 percent since 2005, Hite wrote.


Earlier this week, the Colorado Oil and Gas Conservation Commission held hearings on new fracking rules, including limiting hours for fracking operations and setbacks for development:


The Bureau of Land Management has stirred up controversy over 65 existing oil and gas leases with a new environmental impact statement that puts nearly half at risk:

The Bureau of Land Management released a draft environmental impact statement (EIS) Wednesday that put 65 existing oil and gas leases on White River National Forest land under the microscope. The agency found that 25 leases in the controversial Thompson Divide area must be either wholly or partially cancelled.

This long-awaited decision was embraced by conservation groups, and panned by the oil and gas industry.

The rub was over the legality of these leases, which are owned by Houston-based energy companies SG Interests and Ursa Resources, and have been scrutinized for years. Many conservation groups have said that the leases were issued without undergoing the proper environmental evaluations.

The BLM draft EIS backs that position, and now a 49-day public comment period will begin on Nov. 20 and will run through Jan. 8, 2016.

“We appreciate the effort of the local community in this discussion,” said BLM Colorado State Director Ruth Welch in a prepared statement. “We will continue to work toward finding a path forward that balances energy development and conservation, while recognizing the White River National Forest’s planning efforts.”


The Sierra Club Rocky Mountain Chapter would like the entire state of Colorado to be 100% renewable, beginning with Denver. Becky English, the executive committee chair for the Sierra Club, responded to an email about a sustainability summit scheduled for early December in Denver:

I would have liked to share that the Sierra Club national board has declared a goal of powering the electric sector by 100% renewable energy nationwide, and that the Rocky Mountain Chapter has adopted the goal for Colorado. I will approach you offline about how best to work toward this goal in Denver.

The “Sustainable Denver Summit” on December 3rd will feature Denver Mayor Michael Hancock:

Sustainable Denver Summit Program

8:00 – 9:00 a.m. – Registration, Continential Breakfast, and Exhibition Space

9:00 – 10:00 a.m. – Opening plenary session – Remarks from Keynote Speaker and Mayor Michael B. Hancock

10:00 a.m. – Breakout Sessions –

• Energy – Focusing on issues of energy efficiency, renewable energy, use of energy in mobility, and air quality and greenhouse gas reduction

• Water – Focusing on both water quantity and water quality, including climate change resilience

• Materials – Focusing on cradle-to-cradle materials management issues, including environmentally preferable purchasing, recycling, composting and by-product synergy

• Mobility – Focusing on providing multiple interconnected mobility modes that are cleaner, safer, cheaper and more efficient than the current system

12:30 – 1:30 p.m. – Luncheon and Sustainability Awards – Awards will be presented to the 2015 Sustainable Denver Award winners

1:45 – 3:45 p.m. – Breakout Sessions Reconvene

4:00 – 5:00 p.m. – Closing Plenary Session – Report out on commitments

They should probably also feature a breakout session on how these programs will make the city of Denver–not to mention the entire state of Colorado under the Sierra Club’s plan–less affordable for low income and minority populations.

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.

Colorado Hydro Fails to Put the “New” in Renewable

April 2, 2013 by Amy · Comments Off
Filed under: Archive, renewable energy 

By Brandon Ratterman

Colorado is having trouble defining hydroelectricity. The Environmental Protection Agency (EPA) considers it to be a renewable resource, and the Colorado Energy Office calculates hydroelectric power’s emission rate as equal to wind and solar. Despite these two distinctions, Colorado’s renewable energy standard defines hydroelectricity as renewable only if the generating facility is newly constructed with a capacity of ten megawatts or less, or constructed before January 2005 with a capacity of thirty megawatts or less.

Colorado has 1169 megawatts (MW) of existing hydroelectric capacity. Of that total, 82 percent is generated at facilities with a capacity over 30 MW—meaning it is not “renewable” unless the facility was built in the past eight years. Unfortunately, most facilities do not meet this requirement

According to the most recently released figures, renewables other than hydro produce 9.8 percent of the total net summer electricity capacity. If the total 1169 MW of existing hydro capacity were considered renewable, hydroelectricity would contribute another 8.5 percent of capacity. Instead, only 4.8 percent of hydroelectric power is considered renewable.

Under the current format Colorado will have to fill renewable portfolio standards largely without the help of hydroelectric generation. Unfortunately, this is increasing the costs of the renewable portfolio standard.

At 11.06 cents per kilowatt-hour, Colorado ranked 21st highest nationally in average residential electricity rates according to the U.S. Energy Information Administration. That may not sound too bad, except that the state is well above the average for all Mountain West states. In fact, Colorado has the second highest rates in the Mountain West, just behind Nevada, which actually saw a decrease last year in its residential electric rates.

Furthermore, Colorado has higher rates than any of its neighboring states.  Outside of the East Coast, the only states with higher rates than Colorado are Michigan, Wisconsin, Nevada, California, Alaska and Hawaii.

As was proved in the 2012 snapshot of Colorado’s new energy economy, these high prices are due largely to lawmakers using the RPS to support the wind and solar industries. In 2012 alone Xcel Energy customers paid an extra $343 million for what ended up being mostly surplus electricity.

If high prices are the intent of Colorado’s energy policy, expect those figures to get much worse in the coming years as the state moves closer to the legislative mandate of 30 percent renewable portfolio standard, which is heavily tilted toward wind. However, if self-described environmentalists and the Colorado Energy Office truly care about the environment and economic sustainability then they should embrace hydroelectric power regardless of when it was built, but don’t hold your breath waiting.

Audit confirms our findings: mismanagement in state energy office

January 29, 2013 by Amy · Comments Off
Filed under: Archive, New Energy Economy 

A 2011 Independence Institute paper was the first to suggest that the Governor’s Energy Office (GEO) needed a serious dose of transparency due to its inability to clarify how it spent millions of dollars of taxpayer money. Colorado’s State Auditor validated our findings in a recently released audit.

Colorado’s Office of the State Auditor blasted the Governor’s Energy Office (GEO), now called Colorado’s Energy Office (CEO), for shoddy accounting and management practices within the formerly off-budget agency.

Among the criticisms the report levels at the CEO:

  • CEO was unable to demonstrate that $252 million spent over the past six years was spent cost-effectively.
  • CEO does not calculate or maintain a comprehensive, annual budget or budget-to-actual data for any of the 34 programs administered during Fiscal Years 2007 through 2012. As a result, CEO could not determine the total cost or the total amount spent for any of its programs.
  • CEO program managers have not been required to manage programs within a budget, though they are responsible for requesting and justifying program expenditures.
  • Of the eight programs we reviewed in-depth, staff responsible for three programs could not identify the program’s goals or say whether the goals had been achieved.
  • Of the 22 contracts we reviewed, 20 had incorrect or missing information in CMS, the state contract database; six were missing required performance elements; and 13 were missing required contractor progress reports.
  • Of the 59 payments to contractors we reviewed, 10 totaling $1.5 million were not supported by adequate evidence of contractor progress on contract deliverables.
  • Of the 40 travel and other expenditures we reviewed, 16 lacked appropriate approval and justification documentation. For example, in one instance CEO incurred $25,000 for a cost supported only by the statement, “2008 Membership.” In another instance, CEO paid $1,500 for an ex-employee to attend training after termination, without documentation demonstrating how the cost was reasonable or necessary.
  • CEO does not maintain consistent, centralized data-keeping systems to support programmatic work, and has not established an operational framework that includes guiding policies and procedures, or staff training and supervisory review.

Toward the end of the nearly 50-page report, the State Auditor concludes:

Overall, we found deficiencies in CEO’s management policies and practices, including deficiencies in CEO’s internal accounting and administrative control systems. All together, the issues we identified lead us to question CEO’s ability to implement programs and projects successfully.

The State Auditor’s finding are consistent with, perhaps even worse than, what former Independence Institute intern Kyle Huwa discovered in Summer 2011 when he researched three years worth of spending within the Governor’s Energy Office.  In his paper titled “Governor’s Energy Office Needs a Dose of Sunshine,” which served in part as the catalyst for the audit, Huwa wrote:

  • The Governor’s Energy Office (GEO) of the State of Colorado spent a total of $121,652,884.75 from January 2008 to November 2010. This report aims to clarify and provide transparency to the GEO’s spending. Despite best efforts, the exact nature of many of the expenditures remains unclear.
  • Total Expenditures (minus some salaries) during this period: $121,652,884.75
  • Expenditures that could not be identified and GEO did not clarify: $9,021,060.23
  • Expenditures on cell phones: $51,629.22
  • Expenditures on travel: $455,656.06
  • Expenditures to corporate entities: $27,337,389.78
  • GEO received $15,797,032.91 from the Colorado “General Fund – Unrestricted”
  • “Off-budget” status means little legislative oversight

Based on his research, Huwa suggested that:

The Colorado State Legislature should ask the Office of the State Auditor to conduct an audit of the GEO to ensure proper use of funding and adherence to its stated purpose; and the Legislature should also consider structurally changing the long-term oversight measures in place to guarantee continued accountability and transparency in the GEO.

Shortly after the paper’s release in 2011, State Representative and Legislative Audit Committee member Cindy Acree told CBS4 in Denver that she would call for an official audit “to uncover everything the office is doing” especially in light of the unaccounted for $9 million of taxpayer money.

These problems occurred during Governor Bill Ritter’s administration when former state legislator Tom Plant headed up the agency. Plant released a statement at the same time defending his tenure: “There are not missing funds. All funds, revenues and expenditures can be fully accounted for.”

Based on the State Auditor’s findings the energy office under Plant was mismanaged in every area.

Plant still works for the state and his old boss Bill Ritter. Both men are at Colorado State University (CSU) in Fort Collins where Ritter earns $300,000 as the Director of the Center of the New Energy Economy, while Plant pulls in roughly $72,000 as a part-time Senior Policy Advisor according to CSU’s faculty salary database.