On Thursday, January 28, 2013, Maine’s Public Utility Commission (PUC) approved, by a 2-1 vote, the terms of a long-term contract for the first floating turbine offshore windfarm in Maine. After a few months of negotiation, this is good news for the state, and for renewable energy.

This vote clears a major hurdle toward Statoil putting four, three-megawatt wind turbines on floating platforms in deepwater 12 miles off Boothbay, and marks the early days of implementation of Maine’s Ocean Energy Act. Signed into law in 2009, the Act encourages projects like this one, so as to support the development of renewable energy technology that harnesses ocean energy. In this project, energy generated from the project would be transported via underwater cable to a transfer station on land, delivering renewable energy to the mainland.

Approval for this project has been a long time coming. Statoil, which has successfully operated a one-turbine pilot project off the Norwegian coast for the past year, originally sought approval for a version of its project in October of 2012. At the time, CLF submitted comments supporting the project and the long-term contract, but the PUC tabled its deliberations and asked Statoil to come up with terms that would have a lower price for the electricity generated and guarantee more future benefit to Maine. Click here to see PUC Chairman Welch’s notes from deliberations. Since then, the project has only improved.

Working with PUC staff, Statoil revised the terms of its contract to reduce the price of energy to Maine consumers and add more assurances that if its initial small scale windfarm is successful, it will make all efforts to employ Maine companies as it scales up the project. Click here to see Statoil’s Revised Term Sheet.  We liked these additional terms even more than Statoil’s initial proposal. Again we wrote in favor of the project and expressed our increased support. Click here to view our additional comments.

The vote at this past week’s hearing was 2-1, with Commissioner Littell and Chairman Welch voting in favor of the project. Littell has long been a champion of efforts to reduce carbon emissions, whether during his time at the DEP where he championed RGGI or now at the PUC. Welch deserves credit as he was not supportive of the long-term contract in its initial phase, but recognized that Statoil had made efforts to address his concerns and even more so recognized the potential that offshore wind holds for Maine.

The data don’t lie. In line with the trends we’ve been warning about for years, PSNH’s coal-fired business model is in free fall:

Residential and small business customers continue to flee PSNH’s dirty, increasingly expensive energy service.

Source: NHPUC data

• Over the past year the number of residential energy customers in New Hampshire who purchased energy service from a supplier that is not PSNH jumped to around 30,000 households in December of 2012 (compared to around 2,000 households in December of 2011).
• That figure doesn’t include the veritable flood of customers who abandoned PSNH’s energy service at the end of 2012 when word got out about PSNH’s 34% rate increase (ENH reported signing up 1,700 customers on December 31 alone for service starting January 1). The stampede of residential and small business customers away from PSNH’s energy service shows no signs of slowing down.

PSNH’s coal plants are becoming even less competitive and will operate even less in 2013 than in 2012.

Source: ISO-NE, EPA, and PSNH data

• We noted before that PSNH’s coal unit capacity factors have taken a nosedive over the past five years, and they are projected to keep falling on an annual basis in 2013 (see chart below).
• A power plant’s capacity factor reflects the amount of power the plant generated compared to the amount of power it could have generated if used to its full potential; when that number is low, it means it was a better economic choice for the plant’s owner to keep the plant idle most of the time. While other coal plants throughout New England are also running at low capacity, PSNH is the only utility in the region that can force ratepayers to bear its fixed costs plus a hefty guaranteed profit, even when its plants don’t generate power.

The Bottom Line:

Even as many customers are taking advantage of cleaner, cheaper alternatives, PSNH’s dirty and costly power plants are a heavy – and growing – burden for the majority of New Hampshire ratepayers and for New Hampshire’s economy. In a future post, I’ll discuss how the state agency tasked with protecting ratepayers from unreasonable rates is handling PSNH’s implosion (spoiler: not well) and what CLF is doing about it (another spoiler: fighting to protect New Hampshire ratepayers and the environment).

The front page of the Boston Globe last week presented a powerful, timely and cautionary tale about  two liquefied natural gas terminals  that sit off the coast of Gloucester and Salem. Those terminals are the tangible reminder of a massive push undertaken by energy industry insiders to build such terminals.  The intensity of that push, which began to build around 2002, becoming most intense during the 2004  to 2007 period and then petering out in the years since, contrasts sharply with the reality described in the Globe article: that those two offshore terminals have sat idle for the last two years.

That push to build LNG import facilities, which was such a mania in energy industry circles circa 2005, yielded some crazy ideas, like the proposal to hollow out a Boston Harbor Island and the infamous Weavers Cove project in Fall River. The offshore terminals, while the least bad of those proposals, reflected short sighted thinking detached from careful regional planning.  Both in terms of the need for these facilities and design decisions like regulators not forcing the projects to share one pipeline to shore instead of (as they did) twice disturbing the marine environment to build two duplicative pieces of infrastructure.

Today, the hue and cry is no longer about LNG, instead we are bombarded with impassioned demands for more natural gas pipelines as well as more measured discussions of the need for “smart expansions”. Will we have the collective intelligence to be smarter and more careful this time? Will the permitting process force consideration, as the law requires, of alternatives that make better use of existing infrastructure and pose less risk to the environment and the wallets of customers? Fixing natural gas leaks and becoming much more efficient in our use of gas is a key “supply strategy” that needs to be on the table and fully examined before committing to new pipelines.

And as it so often is, the overarching issue here is protecting future generations by addressing the climate issue. Science and prudent energy analysis, makes it clear that we need to put ourselves on a trajectory to end the burning of fossil fuels, including natural gas by the middle of this century. Given this reality every proposal to build massive and long-lived facilities to import more of those fuels must be viewed with great skepticism.

photo courtesy of someones.life @ flickr.com

I joined with residents of Vermont’s Northeast Kingdom today and fellow environmental colleagues to protect Vermont from the devastation of tar sands oil.

We filed a legal action to ensure Vermonters have a say over any proposal to move tar sands through Vermont. See press release here.

The request asks that the increasingly imminent proposal to move tar sands through an existing Northeast Kingdom pipeline be subject to state land use (Act 250) review. See request here.

Tar sands oil poses unique risks to the many natural treasures of the Northeast Kingdom and also imposes extreme climate change risks.

Tar sands oil is a gritty tar-like substance that produces far more emissions than conventional oil. The vastness of the tar sands reserves in Western Canada means that using tar sands oil delays efforts to move towards cleaner energy supplies, and sends us backwards on climate change.

As James Hansen, a leading climate scientist has said, the exploitation of tar sands on mass will be, “game over” for the climate.

Already there are requests to move tar sands east from Alberta to Montreal. The only realistic way to move it beyond Montreal to the deep ports it needs for transportation is through the Portland Montreal Pipeline which passes through Vermont.

There has already been one spill in this old pipeline in Vermont. A spill of tar sands oil – which is much harder to clean up – would be devastating.

Our filing requests that any plans to use the pipeline for tar sands oil be reviewed though Vermont’s land use development law – Act 250 – to protect our land, water and air resources threatened by this dirty fuel .

Vermont is poised to take a big bite out of the high cost and pollution of heating our homes and businesses. Slashing a full one-quarter of both lies within our reach.

Over the past decade, the cost Vermonters pay for staying warm has more than doubled. This strains our pocketbooks, our environment, our health and our security. Watching our dollars go up in smoke drains our economy.

What can we do? Building on the enormous success of our electric efficiency efforts, we can improve the heating efficiency of our homes and businesses in a similar manner. While some efforts have begun, most of the savings opportunity remains on the table. Throughout Vermont, heating efficiency has saved the average homeowner about $1,000 a year.  (See a recent editorial here).

A new report of Vermont’s Thermal Efficiency Task Force provides a strong roadmap for jumpstarting heating efficiency and renewable heat for our homes and businesses. The Task Force recommendations show how Vermont can stretch its heating dollars farther and provide over $1.4 billion in direct savings. That’s $1.4 billion that is not going up in smoke, literally leaking out of our homes and businesses.

Affordable heat means lowering bills. Every year Vermont struggles to fund low income heating assistance (LIHEAP). With affordable heat, Vermont can reduce the funds needed and can use LIHEAP dollars to help more Vermonters. Cutting fuel use by one-quarter means that for every four homes that are weatherized, help is available for one additional family.

Affordable heat reduces pollution. Every gallon of fossil fuel we don’t burn means less pollution. Whether we are adding solar to our roofs or insulating/weatherizing our homes we leave a lasting positive legacy for our children by taking seriously our responsibility to tackle climate change and reduce pollution.

The long and short of it is that Vermont — and Vermonters — can’t afford to keep wasting energy, wasting money and wasting clean air. Vermont’s commitment to affordable heat is our ticket to more comfortable homes and businesses, and a thriving and affordable clean energy economy.

photo courtesy of topher76@flickr.com

This past week has shown Vermont first-hand the high cost of nuclear power. Hosting a plant in your state is clearly a high-stakes bargain.

Vermont went to Court in Manhattan this week before a three judge panel at the United States Court of Appeals. (Read more here and here). It had fifteen minutes for its lawyer to explain to the judges why the decision of the District Court blocking the actions of the Vermont Legislature should be reversed. A tough task.

With clarity and nimbleness, Vermont proved it was up to the task. Its lawyer, Attorney David Frederick, an experienced appellate lawyer who argued a case last week before the United States Supreme Court, explained that Vermont has every right to determine Vermont Yankee’s fate. And doing so does not impinge on the federal government’s oversight of radiological issues.

In a nutshell, there were three points.

First the United States Supreme Court case from 1983 that let stand a California law enacting a moratorium on nuclear plants would allow the Vermont law. If a state can ban all nuclear plants, it can certainly allow the Legislature to determine the fate of one plant.

Second, the lease on Vermont Yankee expired and like a landlord, Vermont can simply refuse to renew the lease. Period. Any tenant knows this. Vermont is hosting this plant and can say it wants the property used for another purpose.

Third, Vermont has huge skin in the game and economic exposure from Vermont Yankee. If Entergy, the owner of Vermont Yankee, goes bankrupt or simply chooses to walk away, Vermonters are left holding the bag for what Conservation Law Foundation has described as the nuclear equivalent of junk car in its backyard. This possibility is more likely following recent reports that Vermont Yankee is not pulling its weight and that Entergy would be better off closing the plant.

The stakes are high. Apart from hosting this plant, Entergy is seeking to recoup over $4 million in legal fees, and now has four law firms working to push every legal angle possible. Times change. When Vermont first approved the Vermont Yankee facility in the 1970s, there was a hearing for three days before the Vermont Public Service Board. Clearly nuclear power and hosting plants is more expensive and time consuming than ever.

Vermont is right to begin extracting itself from this nuclear legacy. Unfortunately, that is proving to be not so easy.

New Year's Eve in Times Square (photo credit: flickr/Mondayne)

The ball and other ceremonial objects have dropped, and 2013 has arrived. Although we mark the turn of the year with champagne, Auld Lang Syne, and a bevy of news stories and year-end blog posts, there’s not much genuinely “new” about the New Year. We hang a new calendar and start writing 2013 on legal briefs and checks (as the case may be), and life goes on.

Here in New Hampshire, the developer of the Northern Pass transmission project celebrated New Year’s Eve without any year-end changes. As revelers made their way to New Year’s Eve parties, in a classic “news dump” to minimize attention, Northern Pass Transmission LLC (NPT) posted a cryptic “project update” to its website. The update stated:

[W]e have identified a new route in the North Country that we will submit to the New Hampshire Site Evaluation Commission [sic] in the future for consideration and review.  We are in the process of finalizing this new proposal and will soon be prepared to announce its specific details….

We also recognize that while we are communicating with local citizens, stakeholders and public officials across New Hampshire, there is still much that can be done.  We believe this communication and dialogue is critical to the ultimate success of the new route and the project overall and felt it was necessary to take some additional time to continue these efforts before we publicly announce the new routing proposal.

In other words, NPT and its parent company Northeast Utilities (NU) had nothing new to announce, and the public will continue to wait for actual details and updated regulatory filings. And it’s not the first time Northern Pass’s developer has failed to deliver on its promise of a new route.

In May, NU set an August deadline for a route announcement; in July, NU set a September deadline; and throughout the fall, NU promised to finalize a route and file an updated Presidential Permit application with the U.S. Department of Energy by the end of the 2012, even going so far as to say that it had already obtained 99% of the land it needs. In this context, the Concord Monitor aptly reported on the New Year’s Eve “update”: Northern Pass misses deadline to unveil new route.

While NPT’s non-announcement wasn’t a surprise to CLF or others following the project closely, it was an important moment. It was, most of all, an embarrassing setback – the latest blown deadline after a series of blown deadlines stretching back to April 2011, when NPT decided to seek out a “new route” for the northernmost portion of the project.

NPT has been banking on its capacity to pay above-market land prices for a transmission corridor in the North Country. So far, the Society for the Protection of New Hampshire Forests, its supporters from more than two hundred New Hampshire towns and cities and also from around the region and country, and a number of courageous landowners unwilling to sell at any price have achieved remarkable success in blocking NPT’s efforts on the ground, property-by-property. It would appear NPT’s confidence was misplaced.

For NU executives and investors, Hydro-Québec, and Northern Pass enthusiasts in southern New England, the project’s latest blown deadline should be a wake-up call.

It’s not working.

Not NPT’s back-room strategy to assemble a serpentine series of parcels for a new transmission corridor in the North Country, without any meaningful changes to the project’s design or the southern 80% of its proposed route.

Not NPT’s attempts to game the federal permitting process in its favor.

Not NPT’s bogus claims of environmental and economic benefits for New Hampshire and of wide support for the project.

Not NPT’s campaign to discredit affected citizens in the nearly three dozen communities that have declared opposition to the project and the entire New Hampshire conservation community as “not in my backyard” types and “special interests.”

In the New Year, Northern Pass’s developers should recognize that half of the “dialogue” they are promising is listening. The latest blown deadline should signal, loud and clear, that the current Northern Pass proposal won’t be successful, new route in Coös County or not.

A few weeks ago, Springfield, MA, was rocked by a natural gas explosion that destroyed a building, ruined a city block, and was hailed as a miracle because no lives were lost.

The pipelines that lie below our communities, always out of sight, came suddenly came into focus. The explosion reminded us of the sobering reality that our streets are not always safe. Despite smart investments in energy efficiency and new energy technologies in New England, when it comes to natural gas, whose infrastructure is among the oldest in the nation, we have been reluctant to prioritize investment in replacing and repairing the pipes and valves that we rely upon not only to heat and power our homes, but to keep us safe.  When it comes to natural gas efficiency and investment, there is much more we can do – so much more.

We need to improve safety, increase efficiency, and reduce the risk to communities and to our planet. It is my belief, as well as that of my colleagues here at CLF, that we can and should make our communities healthy and safe from the unnecessary risk of explosions from old and leaky pipelines. This is vital, for two reasons.

It’s vital because methane, the major component of natural gas, is 25 times more potent as a global-warming causing gas than CO2. In a year that has broken so many temperature records, and in an age when climate is showing the signs of human distortion, we are constantly reminded of the strain we are placing on our global ecosystem. It is a strain we need to urgently reduce.

It is also vital to replace and fix pipes leaking natural gas because it is so combustible. Springfield reminded us of this fact. So too did the explosions that that rocked San Bruno, California in 2010, Allentown, Pennsylvania, in 2011, and Gloucester, MA in 2009, and most recently, Sissonville, West Virginia, to name only a few. These explosions are reminders of the serious care and attention that our natural gas infrastructure needs. If we fail to provide them with that care, we gamble with our safety, and with our lives, as this image from the San Bruno explosion vividly shows.

As my colleague Shanna Cleveland recently said, “The need for action is particularly acute in Massachusetts where over one-third of the system is considered ‘leak-prone’—made up of cast iron or unprotected steel pipe.” The leaks in Massachusetts are so significant that the gains by efficiency programs put in place by Massachusetts regulators are disappearing into thin air. A report released by CLF by that name (Into Thin Air, available to download for free here) documents how these leaks, known as “fugitive emissions,” are being borne not by the utilities, or by the regulators, but by consumers. Utilities pass the cost of lost gas onto ratepayers to the tune of $38.8 million a year. Here’s an infographic from that report:

Another report by Nathan Phillips of Boston University combines Google Earth and research into a compelling visualization of just how prevalent these leaks are.

Like the explosion in Springfield, Nathan’s map documenting the 3,356 separate natural gas leaks under the streets of Boston reminds us that, as we walk or drive down the street, we are often driving through an invisible cloud of natural gas leaking from aging pipes. If you are like me, to accept the avoidable risk of a predictably volatile gas is deeply unsettling.

With the exuberance for cheap, domestic natural gas on the rise, proposals for new massive interstate pipelines are in the works. Houston-based Spectra, a natural gas pipeline company, is proposing a $500 million expansion for Massachusetts alone. Before we go down that route, I would like to make three simple suggestions.

1) Whether the natural gas industry ever delivers on its claim of being more environmentally friendly than coal or oil depends on how well natural gas infrastructure addresses leaks. We develop more accurate tools for assessing the greenhouse gas emissions from pipelines.

2) Not only is investment in new pipelines and power plants expensive, but it comes with serious and lasting environmental consequences whose costs are too often discounted or ignored.  Before we blindly rush ahead with investments to expand, we need to look closely at the full range of costs.

3) Finally, we would do well to remember the lessons we have learned so well about the environmental and financial benefits of looking to efficiency first. Efficiency, both in the traditional sense of reducing our use of natural gas, and in the sense of maximizing the efficiency of our existing natural gas infrastructure by replacing outdated infrastructure and repairing leaks will reduce risk, reduce costs, reduce environmental impacts and put people to work throughout the region.

As the explosions in San Bruno, Gloucester, Allentown, and Springfield have reminded us, this is about the safety of our communities. We should not let promises of short-term profit in new projects trump both the near-term risk of thousands of leaks and the long-term sustainability of this region and stability of our climate.

Ignoring leaky natural gas infrastructure is risky business. Let’s fix what we have, and maximize our efficiency gains, before aggressively expanding. We’ll be more sustainable, and safer, that way.

As CLF begins a third year of advocacy on the Northern Pass project, some updates are in order:

The “New Route” Drama

With 2013 only days away, it is looking more and more likely that Northern Pass Transmission LLC (NPT) will not have secured 100% of a “new route” for the project’s northernmost portion by year end, as its public statements have been promising for months. As chronicled in a Boston Globe front-page story published earlier this week (the national daily’s first major story on Northern Pass), landowners are rejecting repeated offers from NPT, and our friends at the Society for the Protection of New Hampshire Forests have secured agreements to conserve key parcels along what appears to NPT’s preferred new path. (According to report in yesterday’s Union Leader, NPT officials are readying some kind of “update” on the project’s progress, which may raise more questions than it answers.)

If NPT fails to make good on its promised “new route,” it will be a singular embarrassment and signal more wasted months of self-inflicted delay. It also will continue NPT’s troubling pattern of misleading investors and peddling falsehoods about the project.

Whatever the success of NPT’s attempt to buy a transmission corridor through New Hampshire’s North Country, Northern Pass overall will remain the same flawed proposal that affected communities and stakeholders have overwhelmingly rejected over the last two years. Susan Arnold of the Appalachian Mountain Club and I penned an op-ed with this message, and it was widely published in New Hampshire newspapers this month. Please take a moment to read the op-ed here.

NU’s False Statements Get Noticed

Over the last month, the Boston Globe, the Concord Monitor, Connecticut newspapers, and NHPR (complete with audio) published stories on Northeast Utilities CEO Tom May’s blatantly false statements about support for Northern Pass. Instead of correcting the comments, NU’s spokesperson compounded Mr. May’s misstatements by insisting, contrary to any possible interpretation of the comments, that Mr. May was speaking about support for the Cape Wind project – a renewable energy proposal backed by a strong public campaign that is co-sponsored by many of the region’s environmental groups. The contrast with Northern Pass couldn’t be starker.

A Broken Permitting Process

The Department of Energy’s permitting process for the Northern Pass project remains tainted by its abdication of responsibility to select an independent and impartial contractor to prepare the crucial environmental impact statement for the project. In a recent letter to Senator Shaheen, DOE repeated its prior position that it sees nothing wrong with the way the current contractor team was selected because NPT’s extraordinary role in the selection process was not unusual. As I explained in October, a precedent of repeating a mistake is no justification. In November, CLF filed a new Freedom of Information Act request to understand the activities of the contractor team, DOE, and NPT during the last year and the extent of NPT’s influence over the direction of the permitting process.

An Underground Alternative Emerges

Meanwhile, we are learning more about a realistic alternative to NPT’s current proposal that could address some community concerns and provide new public revenues. In November, a state legislative commission released an important report highlighting the feasibility of siting underground high-voltage transmission lines in state-owned transportation corridors. The report can be found here (PDF) and followed a lengthy process of collecting testimony and input from dozens of stakeholders, including CLF and a number of other conservation organizations. The report found that underground transmission technologies and corridors are “being used extensively throughout the U.S. and internationally,” “may increase the reliability and security of the electric transmission system,” and “may be technically and financially competitive with other transmission designs and locations.” The commission pointed to other pending transmission projects that incorporate underground technologies sited in state-owned transportation corridors as an indication that this approach “can be technically and financially viable.” (Earlier this week, New York officials recommended approval of one of these projects – the Champlain Hudson Power Express between Québec and New York City, which now includes more than 120 miles of underground high-voltage transmission in active railroad corridors and highways.)

While the state agency officials participating in the commission were reluctant to endorse specific policy proposals in the report (which they saw as outside the commission’s charge), many commission members emphasized the need for a proactive, comprehensive energy plan and a regulatory framework that would help New Hampshire assure that new transmission projects provide meaningful public benefits.

A majority of the commission’s legislator members recommended changes to the state siting process for energy projects, including a requirement that a transmission developer bring forward an underground alternative to any overhead project. It is expected that these recommendations will be among the many legislative proposals to amend the state siting law during the 2013 session of the New Hampshire legislature.

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What will 2013 bring for the Northern Pass project and New Hampshire’s energy future? Stay updated by signing up for our newsletter Northern Pass Wire, and be sure to check in with CLF’s Northern Pass Information Center (http://www.clf.org/northern-pass) and all of our latest Northern Pass posts on CLF Scoop. You can also follow me on Twitter, where I often point to recent news articles on Northern Pass.