Tag: Energy

Electric Vehicle Legislation in Illinois

Electric Vehicles

Electric Vehicle Legislation in Illinois

By: Rachel Grudzinski

Legislators throughout the country and at multiple levels of government are passing legislation making clear that Electric vehicles (“EV”) are the future. On the federal level the Biden administration is investing “$7.5 billion to build a national network of 500,000 EV chargers,” more than $7 billion to provide domestic manufacturers with critical minerals and other components to make batteries, and “over $10 billion for clean transit and school buses.”[1] Likewise, legislators here in Illinois are similarly prioritizing EV through legislation. In 2021 Illinois passed the Climate and Equitable Jobs Act, which set out a goal to have one million EVs on the road by 2030.[2]

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When Utility Bills Go Unpaid: A Growing Problem of COVID-19 (Part I)

By Andrea Jakubas

This post is part one of a three-part series discussing three avenues for reducing the “uncollectible burden”–the inability of people to pay their utility bills during the COVID-19 pandemic. Part one examines government grants and policy; part two will examine incentivizing and changing consumer bill-paying behavior, while part three will discuss clean energy initiatives that promote efficiency and reduce consumption.

In pre-pandemic times, if utility customers did not or could not pay their bills, the company could generally disconnect their service. But in response to the COVID-19 emergency, many states have issued moratoria against such utility shutoffs for nonpayment,[1] recognizing both that utilities are vital to human health and well-being and that customers are facing daunting levels of unemployment and decreased ability to pay their bills.

These shutoff moratoria are necessary but raise an additional problem: how bills will ultimately be paid. Generally, uncollectible accounts are “socialized” across utilities customers. The rate paid covers not only the customer’s direct consumption but also administrative costs, including other customers’ nonpayment. As the pandemic—and orders against utility shutoffs—drag on, the mountain of “uncollectible” debt will continue to grow, and there are no clear answers on how (and by whom) bills will ultimately be paid.

Pre-Pandemic Government Funding and Programs to Address the Uncollectables Problem

State and federal programs established before and during the pandemic have helped some customers reduce their debt.

Utility bill affordability was an issue long before the current pandemic, especially in lower-income homes. Now, during the pandemic, low-income individuals are more likely to have lost their jobs and are more concerned about being able to pay their bills, with only 23 percent of lower-income families reporting that they have enough emergency funds to last three months.[2]

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Complaint with FERC Points to Looming Battle Over Demand Response in Wholesale Markets

Voltus Inc., an energy resource aggregator, has filed a complaint against the Midcontinent Independent System Operator (“MISO”) with the Federal Energy Regulatory Commission (“FERC“).[1] The complaint takes issue with MISO’s recent order that allows states to opt out of FERC’s 2008 order allowing demand response programs in wholesale markets.[2]

Demand response programs give consumers the opportunity to substantially affect the electric grid by shifting their electricity usage from peak demand times to lower electricity use periods, thereby preventing the grid from overloading.[3] Demand response programs also pay consumers based on how much they reduce their electricity use once they have chosen an energy reduction plan.[4] However, MISO has allowed states within its territory to withhold energy resource aggregators from freely participating in the MISO wholesale market through its opt out provision.[5]

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A Tale of Two Energy Bills in Springfield

Illinois legislators are evaluating two different proposed clean energy bills that would accelerate renewable energy growth in the state. One bill, the Clean Energy Jobs Act (CEJA) would focus on consumer protection, expanding energy efficiency programs, increasing EV charging stations and protecting existing clean energy jobs in the state.[1] The second bill, Path to 100, focuses more on funding clean energy jobs.[2] Both bills seek to ensure Illinois achieves 100 percent renewable energy by 2030.[3]

CEJA would continue to fund and expand programs established by the 2014 Future Energy Jobs Act (FEJA),[4] which has lowered the cost of Illinois energy bills from some of the highest in the country to some of the lowest.[5] Funding from the 2014 Act is running low, and CEJA would protect thousands of clean energy jobs by bolstering funding for those programs.[6] The most ambitious provisions in the bill seek to achieve 100 percent carbon-free electricity by 2030 and 100 percent renewable energy by 2050.[7]

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FERC Asserts Jurisdiction Over State-Determined Carbon Pricing

The Federal Energy Regulatory Commission (FERC) has released a policy statement declaring it has jurisdiction to “incorporate a state-determined carbon price in [wholesale] markets.”[1]

FERC released the policy statement following a virtual technical conference it held on September 30 on the subject of carbon pricing in wholesale electricity markets.[2] The conference covered a range of topics, including an overview of current carbon pricing mechanisms used by states and regional coalitions, as well as operational and design issues that may arise when incorporating a carbon price into a wholesale market structure.[3]

The conference also featured a panel on the legal implications of integrating carbon pricing into wholesale markets. There, as is so often the case with a novel legal issue, the threshold question was one of jurisdiction—specifically whether and under what authority FERC has jurisdiction to implement carbon pricing.[4] Answering that question in the affirmative, FERC has taken a significant step by signaling it will not reject carbon price proposals brought by states “out of hand.”[5]

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Legalized Marijuana and Energy Use: A Primer

Marijuana use, whether for recreational or medicinal purposes, is growing. Because some states prohibit growing hemp plants outdoors, much of the production is indoors—an energy-intensive operation that requires grow lights, air conditioning, and dehumidification.[1]

Cannabis cultivation centers (where the plants are grown) have been likened to data centers, which are “50 to 200 times more energy-intense than a typical office building.”[2] With more states expected to legalize recreational cannabis in the next few years (medical use is currently legal in 33 states,[3] and adult recreational cannabis use is currently legal in 11 states[4]), demand for marijuana will continue to grow, bringing with it strain on energy resources.

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ComEd corruption probe: facing legal scrutiny on all sides

Commonwealth Edison Company (“ComEd”),  Illinois’ largest electric utility provider, finds itself mired in lawsuits after federal prosecutors filed criminal charges against the Company earlier this summer.

In July, federal prosecutors entered into a deferred prosecution agreement (“DPA”) with ComEd that implicated a range of actors—from ComEd executives to long-time Illinois House Speaker Michael Madigan—in a years-long bribery scheme.[1] Federal prosecutors, state regulators, and ratepayers seek to hold ComEd accountable for its conduct.

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