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1 F F A C T S H E E T June 2010 Summary of Major Energy Bill Provisions Of Importance to Public Power This document provides a summary of the major provisions of interest to public power electric utilities in the Senate Energy and Natural Resources Committee-passed American Clean Energy Leadership Act of 2009, S. 1462, and the energy portions of the House of Representatives-passed American Clean Energy and Security Act of 2009, H.R (Note: The cap-and-trade provisions of H.R are not included in this summary. We have provided extensive analysis of the climate change cap-and-trade provisions in other documents, which may all be found on APPA s website at.) This document provides a summary of each relevant issue/provision in S and H.R and APPA s position on each measure. Please also note that both S and H.R were reported out of committee (Senate bill) and passed by the full House (House bill) in Subsequent to committee passage of S. 1462, however, Senate Energy and Natural Resources Committee Chairman Jeff Bingaman, D-N.M., held a business meeting in May 2010 at which he allowed bipartisan, non-controversial amendments to be attached to this bill, which is pending full Senate consideration. In all, nine such amendments were approved by the committee. Following the meeting, Chairman Bingaman noted that the committee would hold additional meetings to allow for other amendments to S. 1462; however, any future meetings will be more in the nature of traditional committee mark ups. Therefore, this document also includes these nine new amendments, which are listed at the end under the heading Additional Senate Amendments. Clean Energy Technology Development S Title I Subtitle A Sections This section establishes the Clean Energy Investment Fund at the Department of Treasury. This revolving fund will carry out the administrative expenses needed to carry out Title XVII of the Energy Policy Act of 2005 (EPAct05), which provided federal loan guarantees for clean and innovative technology development (including new nuclear power facilities), and will limit the need for annual appropriations. Amounts for the fund are available without fiscal limitation and are not subject to the annual appropriation process. H.R Title I Subtitle I Sections This section establishes the Incentives for Innovative Technologies Fund at the Department of Treasury. Fees collected under Section 1702(h) of EPAct05 shall be deposited into this fund. This revolving fund will carry out the administrative expenses needed to carry out Title XVII of EPAct05 and limit the need for annual appropriations. Amounts for the fund are available without fiscal limitation and are not subject to the annual appropriation process. APPA generally supports these sections although we are seeking some clarification to the partnerships language. Transmission Planning S Title I Subtitle B Under this subtitle, the Federal Energy Regulatory Commission (FERC) shall coordinate regional planning to ensure that regional plans are integrated into an in-

2 terconnection-wide transmission plan with respect to the transmission projects defined in the bill and that achieve the policy objectives delineated in the bill. H.R Title I Subtitle F This section indicates that it is U.S. policy that regional electric grid planning should facilitate the deployment of renewable and other zero-carbon and low-carbon energy sources for generating electricity to reduce greenhouse gas (GHG) emissions while ensuring reliability, reducing congestion, ensuring cyber security, minimizing environmental harm, and providing for cost-effective electricity services throughout the United States. To meet the objectives delineated above, the planning process should be open, inclusive and transparent, taking into account all significant demand-side and supply-side options, including energy efficiency, distributed generation, renewable and zero-emission generation technologies, smart grid, demand response, storage, and enhanced transmission technologies. : APPA generally prefers the transmission planning approach taken in H.R. 2454, which keys off of the existing planning process established in FERC Order No. 890, and is less top-down than the approach delineated in S Transmission Siting S Title I Subtitle B Section 121 Under this section, the FERC back-stop siting provisions established in EPAct05 apply only to those projects designated as high-priority national transmission projects (which are defined as interstate lines above 345 kv, among other criteria). Once FERC receives a request to use this back-stop authority, it must provide notice and opportunity for hearing and may approve or disapprove the application. H.R Title I Subtitle F Section 151 The House bill only applies to the Western Interconnection, and clarifies the use of FERC s back-stop siting authority there. However, the siting provisions included in EPAct05 and the 4th Circuit court decision that calls the FERC back-stop role into question in the East, continue to apply to the Eastern Interconnection. Hawaii, Alaska, and ERCOT are also exempt from the House bill for purposes of this siting section. APPA generally supports the siting provisions included in the Senate bill, although we would prefer that the siting provisions included in this title not be limited to high-voltage lines over 345 kv since many lower-voltage lines are equally important to enhancing the transmission grid. In addition, we have long supported giving FERC a back-stop siting role, and appreciate that the Senate bill includes language that clarifies the 4th Circuit court decision calling this role into question. We do not support the House language that essentially bifurcates FERC s siting role between the Eastern and Western Interconnections. Transmission Cost Allocation S Title I Subtitle B Section 121 Under this section, no later than 270 days after the date of enactment of the bill, FERC shall undertake a rulemaking to establish an appropriate methodology for allocating the costs of high-priority national transmission projects, subject to the just and reasonable and not unduly discriminatory or preferential standard of the FPA. (Note: There is no similar House provision.) While some of APPA s members support the specific cost allocation language in Section 121, others do not. So, while APPA supports a rulemaking at FERC on this issue, we are neutral on the language that delineates the parameters of such a rulemaking. APPA has urged FERC to provide greater guidance on cost allocation for major new transmission facilities that afford regional benefits. The costs of such facilities should be recovered through cost-based rates that are just and reasonable, and not unduly discriminatory, consistent with cost-of-service ratemaking principles. APPA does not support allocation of the costs of such facilities to regions, sub-regions or entities that will re-

3 ceive little or no benefit from the facilities, and therefore opposes a federal statutory requirement to allocate such costs on an interconnection-wide basis. Transmission Rights to Support New Generation Development S Title I Subtitle B Section 121 The bill states that it is the policy of the U.S. that long-term transmission rights of firmness and duration sufficient to support generation investment (or equivalent tradable or financial long-term transmission rights), shall be available under appropriate terms and conditions to load-serving entities for long-term power supply arrangements for new generation facilities using renewable energy. (Note: There is no similar House provision.) APPA generally supports the availability of long-term transmission rights, but would prefer this provision not be limited to renewable generation. Renewable Electricity Standard/ Energy Efficiency S Title I Subtitle C Section 132 The renewable electricity standard mandates 15 percent renewable generation by 2021 for those entities with 4 million MWhs or more of retails sales annually. A utility can meet percent of the standard through energy efficiency savings in any year. In addition, a state public utility commission or electric utility may submit an application to the Secretary of Energy that requests a variance from the requirements of one or more years on the basis of transmission constraints preventing delivery of service. H.R Title I Subtitle A Section 101 The renewable electricity standard mandates 20 percent renewable generation by 2020 for those entities with 4 million MWhs or more of retails sales annually. In general, by 2020 a utility must meet the 20 percent standard by producing at least 15 percent of its power from renewable resources and it can meet the other 5 percent through energy savings (or through renewable generation). In addition the Federal Energy Regulatory Commission, upon receiving a petition from a state s governor, can increase the proportion met by efficiency to 8 percent, with 12 percent met through renewables. APPA supports the Senate provision. The House provisions are generally in line with APPA s position on a federally mandated renewable electricity standard, with a few exceptions. Plug-in Hybrid Electric Vehicles Transportation Roadmap Study S Title I Subtitle E Section 151 The Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a comprehensive analysis of energy use within the light-duty vehicle transportation sector; and use the analysis to conduct an integrated study of the technology options for alternative fuels, including electricity, natural gas, hydrogen, and advanced technologies (including battery, hybrid and fuel cell electric, advanced internal combustion, and lean burn diesel technologies) that could reduce petroleum consumption and greenhouse gas emissions. (Note: There is no similar House provision.) APPA generally supports this section. Vehicle Technology and Recharging Infrastructure S Title I Subtitle E Section 152 This section amends section 131 of EISA 2007 to provide grants to states and local governments for demonstration and commercial application of recharging infrastructure. H.R Title I Subtitle C Section 121 This section amends Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (PURPA) to require each electric utility to develop a plan to support the use of plug-in electric drive vehicles, including heavy-duty hybrid electric vehicles.

4 APPA supports the Senate bill s approach to this issue. Plug-in electric Drive Manufacturing H.R Title I Subtitle C 123 Under this section, the Secretary of Energy shall establish a program to provide financial assistance to automobile manufacturers to facilitate the manufacture of plug-in electric drive vehicles, as defined in Section 131(a)(5) of EISA 2007, that are developed and produced in the United States. (Note: There is no similar Senate provision.) APPA supports the development and wide-scale deployment of plug-in hybrid electric vehicles, and is therefore generally supportive of the House provision. Energy Efficiency Greater Energy Efficiency in Building Codes S Title II Subtitle C Section 241 This section requires the DOE to set energy savings improvement targets for commercial and residential national model building energy codes at 30 percent in 2010 and 50 percent after The Secretary can adjust the 50 percent target date before 2013 if he determines the target cannot be met in H.R Title II Subtitle A Section 201 This section establishes new energy efficiency codes for buildings. For residential the standard is 30 percent until 2014, 50 percent until 2017 and then additional 5 percent every year until For commercial the standard is 30 percent until 2015, 50 percent until 2018 and then additional 5 percent every year until Tree Planting Program H.R Title II Subtitle A Section 205 This section establishes a grant program to assist retail power providers with the establishment and operation of targeted tree-planting programs in residential and small office settings. (Note: There is no similar Senate provision.) APPA supports this measure. Evaluation, Measurement and Verification of Energy Savings S Title II Subtitle C Section 282 This section directs the Secretary of Energy to prescribe uniform rules to document the energy savings and avoided greenhouse gas emissions of energy efficiency programs that receive funding from government entities or public utilities, are required to achieve specific levels of energy reductions, or are eligible for allowances or allowance proceeds based on energy savings and greenhouse gas emission reductions under climate change regulations. (Note: There is no similar House provision.) APPA supports clarification and uniform rules for evaluation, measurement and verification of energy efficiency. National Electric System Efficiency and Peak Demand Reduction Goal S Title II Subtitle D Section 295 This section sets a national electric system efficiency goal to optimize and make more efficient the planning and operation of national and local electricity systems through the reduction of electricity demand through energy-efficient technologies or conservation practices, the use of demand response technologies, and the use of smart grid technologies. H.R Title I Subtitle E Section 144 This section requires FERC to coordinate and support a national program to reduce peak electric demand for load-serving electric utilities with peak loads in excess of 250 megawatts. While APPA is not opposed to national goals per se, we have strong concerns that the language in both bills is incredibly prescriptive and that utilities would be required to meet these unachievable goals.

5 Uniform National Standards for Interconnection of Certain Small Power Production Facilities S Title II Subtitle D Section 296 This section requires FERC to establish a national interconnection standard for small power production facilities of 15 kilowatts or less. (Note: There is no similar House provision.) APPA opposes this provision in the Senate bill. While APPA is supportive of interconnection standards, we do not support this one size fits all approach. Furthermore, under current federal law, utilities and states have considered interconnection standards and many have taken steps to implement such standards. FERC Authority over Critical Electric Infrastructure S Title III Subtitle A Section 301 Under this section, FERC shall issue such rules and orders as are necessary to protect critical electric infrastructure from cyber security vulnerabilities. FERC may issue such rules and orders to mitigate cyber security vulnerabilities without prior notice or hearing if it deems necessary. (Note: There is no similar House provision.) APPA does not support this section in the Senate bill, given the overlapping jurisdictions between FERC and the Department of Energy as well as duplication of the NERC/FERC process. APPA prefers the approach in H.R. 2165, a bill introduced by Reps. Barrow, D-Ga., Ed Markey, D- Mass., and Henry Waxman, D-Calif. Cyber Security Critical Electric Infrastructure Definitions S Title III Subtitle A Section 301 This section amends Section 224 of the Federal Power Act, which gives FERC authority to approve mandatory reliability and cyber security standards established by the North American Electric Reliability Corp. (NERC). The term critical electric infrastructure is defined in this new section as systems and assets, whether physical or virtual, used for the generation, transmission or distribution of electric energy affecting interstate commerce that, as determined by the Commission or the Secretary [of Energy] (as appropriate), are so vital to the United States that the incapacity or destruction of the systems and assets would have a debilitating impact on national security, national economic security, or national public health or safety. (Note: There is no similar House provision.) APPA is concerned that the definition of critical electric infrastructure is overly broad and raises questions about overlapping jurisdictions between federal law enforcement agencies and FERC as well as impinging on state and local jurisdiction over distribution assets. Nuclear Waste S Title III Subtitle B Section 311 This section amends the Nuclear Waste Policy Act of 1982 to establish a National Commission on Nuclear Waste to conduct a comprehensive study on the management and disposal of nuclear waste and to recommend to Congress such legislative proposals as are necessary to manage and dispose of such waste successfully and safely. (Note: There is no similar House provision.) While APPA is generally supportive of the establishment of such a Commission, state and local government officials should be included. Carbon Capture and Storage S Title III Subtitle F The bill establishes a large-scale carbon storage program (large-scale is defined as the ability to inject at least 1 million tons of CO 2 from industrial sources over the lifetime of the project) by amending and expanding the Energy Policy Act of 2005 s Section 963.

6 H.R Title I Subtitle B Under this section, a task force would be established to study the legal framework currently in existence that would apply to geologic sequestration sites and to report to Congress on its findings no later than 18 months after the date of enactment of the bill. APPA supports the House provisions and is generally supportive of the Senate provisions. Energy Markets Enhanced Information on Critical Energy Supplies S Title V Section 501 Under this section, Section 205 of the Department of Energy Organization Act is amended by adding a provision on the collection of information on critical energy supplies to ensure transparency of information relating to energy infrastructure and product ownership in the United States and improve the ability to evaluate the energy security of the United States. (Note: There is no similar House provision.) While APPA has no position on this specific issue, APPA does support effective market oversight in general, including strong enforcement and penalties to prevent market manipulation. Cease and Desist Orders under the Federal Power Act S Title V Section 506 Under this section, Section 222 of the Federal Power Act is amended by adding a section on cease-and-desist orders. (Note: There is no similar House provision.) APPA is concerned that this provision is duplicative of current federal authority and therefore unnecessary. Cease and Desist Orders under the Natural Gas Act S Title V Section 507 Under this section, Section 4A of the Natural Gas Act is amended by adding a section on cease-and-desist orders. H.R Title VIII Subtitle E Section 359 Under the bill, Section 20 of the Natural Gas Act is amended by adding a section on cease-and-desist orders. APPA is concerned that this provision is duplicative of current federal authority and therefore unnecessary. Additional Senate Amendments (1) An amendment to improve energy efficiency of appliances, lighting and buildings. (2) An amendment to encourage Native American tribes to improve the energy efficiency of buildings. (3) An amendment to improve S by adding or amending provisions relating to energy research and development, energy work force, and Department of Energy programs. (4) An amendment to expand the authority for awarding technology prizes by the Secretary of Energy to include a financial award for separation of carbon dioxide from dilute sources. (5) An amendment to modify the definition of minority-serving institution. (6) An amendment to promote wind energy research and development. (7) An amendment to provide that earnings from funds of the Clean Energy Deployment Administration, other than fees, may be spent by the administration only to such extent or in such amounts as are provided in advance by an appropriations act. (8) An amendment to improve the efficiency and power generation capacity of existing hydroelectric power facilities. (9) An amendment to modify loan guarantees related to the Alaska natural gas pipeline.

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