Friday, February 19, 2010
Arizona Lawmakers mull nuclear power
as renewable source
A bill introduced in the Arizona Legislature would establish nuclear
power as a renewable or carbon-free energy source, angering solar
advocates and sparking the ire of the Arizona Corporation Commission.
House Bill 2701, introduced last week, seeks to set up a legislative
version of renewable energy standards for Arizona that would require
companies to get 15 percent of their power from renewable or carbon-free
sources by 2025. On the list are traditional renewable sources, such as
wind and solar, as well as nuclear and hydroelectric.
If the bill passes, there will be two conflicting energy standards in
the state. The ACC’s requirement, passed in 2006, does not include
nuclear or hydro power sources. The conflict, which is driving Arizona
Public Service Co. officials to oppose the bill in its current form,
could require a court ruling to determine which entity — the ACC or the
Legislature — has authority to set energy policy.
Arizona Rep. Debbie Lesko, R-Glendale, who sponsored the bill, sees it
as the Legislature setting policy and adding more options to promote
carbon-free electricity production. It’s also a reaction to the ACC’s
imposed standards, which allow utilities to place a surcharge on utility
bills to help pay for distributed solar power.
“If the goal really is to have clean energy, then we have to be open to
nuclear and hydro power,” Lesko said.
ACC Chairwoman Kris Mayes said the bill is another attempt by the
Legislature to usurp the commission’s authority to set rates and develop
energy plans for the utilities it oversees. She also questioned whether
such a bill, if it became law, would be constitutional.
“The short of it is, it’s disastrous for renewable energy and it would
surely be the death knell for advancing solar energy in the state,”
Mayes said.
The ACC’s standard has been cited several times by economic development
officials as one of the keys to luring solar companies to the Valley.
Officials of China’s Suntech Power Holdings Co. Ltd. noted the standard
as one of the reasons the company chose to locate its first U.S. factory
in Goodyear.
Solar divide
The ACC’s standard includes an emphasis on distributed solar energy,
rooftop solar systems on homes and businesses. Of the total renewable
power generation required of utilities by the ACC, 30 percent must come
from distributed energy, split evenly among homes and businesses.
Most business groups have not taken a stance on the bill, but solar
business owners are concerned that without the standards, utilities will
withdraw their support and cut incentives that have helped fuel solar’s
adoption in the state. Utilities have been able to offer solar
incentives because of a renewable tariff assessed to every customer’s
bill.
“If this bill passed in its current form, my thought is that utilities
would retreat from the current program and it would be a skeleton of
itself,” said Sean Seitz, president of American Solar Electric, a solar
installation company based in Scottsdale.
Lesko doesn’t believe utilities such as Salt River Project and APS would
walk away from their plans, which already call for incentivizing solar
installations.
“I think (movement to renewables) already is happening at the state
level and the federal level, and I don’t think it’s going to go
backwards,” she said.
Martin Shultz, vice president of governmental affairs at Pinnacle West
Capital Corp., APS’ parent company, said APS doesn’t support the bill
because it would give the utility two masters. Additionally, the bill’s
standards could jeopardize settlement agreements APS reached with the
ACC outlining a number of renewable energy endeavors the company is
doing in the future.
“Frankly, the devil’s in the details, and we’d prefer if the several
branches of government would come together because we are talking about
hundreds of millions of dollars in investment,” he said.
SRP, which is not governed by the ACC but has stated it will honor the
standard, expects to stay the course. The utility has not taken a
position on the bill — but with a wind farm already producing power and
plans to build a 20-megawatt solar farm, it is working more renewables
into its portfolio, said Russell Smoldon, SRP’s manager of government
relations.
“We’re going to wait and see, but it’s not going to affect our resource
plan,” he said.
The bill also could be seen as a legislative answer to questions raised
in a Goldwater Institute lawsuit, which challenges the ACC’s ability to
set policy allowing utilities to assess customers a fee on their monthly
bills for renewables. The institute lost the initial lawsuit and is
appealing. The judge in the case said the Legislature could set policy,
but lawmakers have remained largely silent on the matter until now.
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