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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