| Perfect Storm Warnings   Renewables investment, we are told, faces “The Perfect Storm.” But what 
    does it mean? Its popular name is, of course, “Climate Change.” But its 
    other name is “Clean Coal and GHG Reduction.”
 It’s “perfect” for renewables in that climate change concerns seem to be 
    marginalizing coal, at the same time as relative availability has 
    marginalized natural gas, and safety and cost issues continue to haunt 
    nuclear power.
 
 It’s a storm, though, because to meet current power capacity needs, the 
    world is turning not as much to renewables as to variants of clean coal and 
    energy efficiency as “green alternatives.” Ask the folks in that renewable 
    biomass skiff marooned over there on the shoals of carbon neutrality 
    economics how perfect a storm it is.
 
 It’s a perfectly grand storm because each of the energy industry’s its prime 
    customers is itself in turbulent throes and tends to view renewables as a 
    leaky life raft for its purposes. Electric utilities are facing rising 
    rates, capital constraints, and the need for environmentally compliant and 
    consistent baseload capacity; electric utilities are threatened by carbon 
    moratoria and lured by nuclear mirages; industrial companies, seeing their 
    supply chain potentially choked with new carbon costs, are lured by 
    quick-fix carbon footprint offset indulgences which may not involve 
    renewables. Energy traders, their appetites whetted by RECs, see a larger 
    lure in carbon credits (into which some envisage RECs will be disaggregated, 
    so as to avoid double counting with carbon credits).
 
 Renewables, meanwhile, are lulled by rosy academic economics-driven 
    scenarios that, as carbon agitates the energy seas to frothy prices, their 
    offerings will be cost-competitive at the margin.
 
 Then there’s the clean coal and GHG reduction part of the story. It’s 
    everybody’s perfect storm, one way or another, because clean coal has had 
    trouble staying afloat, let alone bobbing to the crest of the wave. “Future 
    Gen,” DOE/IGCC’s flagship, has struck a high cost rock and splintered into 
    fizzier CO2 sequestering projects at the level of plants scheduled to come 
    on line. Sequestration with carbon credits is the new baseload hope for 
    project financeability coupled with environmental acceptability. But there 
    are some business economists who liken it more to sunk costs than buried 
    treasure -- and environmentalists who wring their hands at unforeseen water 
    quality effects. The more the promise of coal gasification and liquifaction 
    is tagged with a similar non-economic label to the one that has attached 
    (unfairly in some cases) to renewables, the more we see the at least 
    temporary dimming of the beacon of “carbon lite.”
 
 “No Carbon Nuclear” as a last resort, has certainly attracted more 
    environmental group support as the luster of clean coal has been further 
    dampened by the unwillingness of state regulators to help pick up the clean 
    coal power companies by assigning to ratepayers the burden of new coal plant 
    R&D for proposed stations under development. Indeed, some of that nuclear 
    afterglow (as well as healthy utility lobbying) has already been reflected 
    in Congress’s willingness to provide larger loan guarantees to innovative 
    nuclear power than to renewables. Suggestions that the proceeds of carbon 
    credit auctions might be diverted to finance new nuclear forays blow across 
    the bow of renewables’ bid to fund the tax credit mandates and stimulate 
    competitive power development. A Perfect Storm indeed!
 
 But there’s more to the problem than finance of the fuels and infrastructure 
    for power generation. GHG regulation presents its own special perfect storm 
    to renewables in the debate over how what academics have dubbed the wedges 
    of the carbon reduction pie will be sliced out by government policy. Concern 
    with the future of renewables is not at the core of the cap and trade 
    formula debate in Congress. Renewables are not the principal subject of the 
    numerous protocol formulae in the voluntary market. Renewables are clearly 
    more dependent for growth utility responsiveness on the continued run-up of 
    Resource Performance Standards on the regulatory masts of more and more 
    states than on carbon reductions attributed in a broad way to their market 
    entry. Unfortunately for renewables proponents, many “progreen” commentators 
    have veered to the opposite conclusion: that RPS mandates are primarily 
    carbon mandates. In this model, REC monetization support for renewables is 
    tantamount to double counting.
 
 These domestic squalls over renewables are all exacerbated when linkage with 
    international carbon regimes originally developed in countries whose markets 
    provide encouragement for renewables through a different set of incentives. 
    The international CDM program for renewables development to produce GHG 
    offsets arising outside the industrialized markets is a flawed one when 
    applied to the United States. At this point, the emerging exchanges like the 
    NYMEX Green Exchange are understandably being designed to be bazaars for 
    whatever types of emission reduction securities are thrown up by the 
    political marketplaces of different nations and of different regions of the 
    US. Their mere existence does not do much to facilitate renewables. Absent 
    strong Federal preemption, the balkanization of GHG markets by regions with 
    not always coincident objectives threatens to calcify into yet another 
    barrier to renewables’ development.
 
 We have, then, a perfect storm only in terms of masts that bend flexibly in 
    the political winds, not in terms of the rationalization of the role of 
    renewables in the larger energy and environment marketplace. It is a perfect 
    storm which leaves in the ficklest of hands -- those of the lawyers -- the 
    role of giving current practical advice to top management on the ultimate 
    core issues, to be resolved under the pressure of many ships giving off 
    continuing signal lights from the center of their own perfect storms.
 
 These are the pressing issues on which lawyers give some practical advice 
    and which legislatures ought to focus so that bankers can do deals:
 
 * What is the homogeneity, fungibility, and utility of the carbon 
    commodities being traded and offset?
 * What forms of protection are or should be available to corporate carbon 
    footprint strategists and traders in the shifting environment?
 * How can market risk with respect to shadow prices be managed in the 
    current state of the carbon markets?
 * In short, how can “trust” be legally assured so carbon can be incorporated 
    in pricing commerce and trade?
 
 In all these weather reports, there is an overriding message for developers 
    of all energy resources, particularly those who seek to invest in renewables-based 
    technologies: Don’t be beguiled by the seemingly symbiotic linkage between 
    optimizing carbon reduction and the deployment of renewables. Seek enactment 
    of concrete laws and regulations which build renewables into the new order. 
    Key areas are:
 
 * Full translatibility of RECs into GHG reduction credits.
 * Definitive, meaningful address of concepts such as “additionality” so that 
    it rewards societal -- not project-specific -- benefits for investment in 
    projects.
 * Translation of carbon auctions into funding sources for renewable project 
    development, demonstrably or potentially carbon-reducing technologies.
 
 In the end, there is one perfect storm for the United States of America -- 
    and we should work to help renewables find its place in steering its way 
    through it.
   
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