State Clean Energy Policy Priorities: Democratic Attorney Generals' October 28th Letter to the Federal Energy Regulatory Commission

Ten states and the District of Columbia Democratic Attorney Generals sent an October 28th letter to the Federal Energy Regulatory Commission (“FERC”) regarding what they described as an opportunity for the offices:

. . . to work cooperatively to facilitate important state policy goals and our shared mandate to promote the public interest.

The states represented in the letter include:

• Massachusetts
• California
• Connecticut
• District of Columbia
• Delaware
• Maryland
• Michigan
• North Carolina
• Oregon
• Pennsylvania
• Rhode Island

The Attorney Generals state that there is a need for further action to “combat the massive health, environmental, and economic harms that the climate crisis is causing in our states.” They cite policies that the states have adopted to reduce greenhouse gas emissions and promote clean energy resources. As a result, they note that FERC actions can affect their ability to achieve these goals citing market design, siting of new gas pipelines and storage facilities, and grid reliability.

Recommendations in the letter include:

• The Commission should promote market design choices that appropriately recognize the rights of states under the Federal Power Act to shape their resource mixes. It is not just and reasonable to seek high prices to maintain the competitiveness of aging, uneconomic, and higher-emitting resources by discriminating against state-supported cleaner technologies.
• The Commission should eliminate barriers to competition for renewable energy generators, energy storage, energy efficiency, demand response, and other innovative clean energy technologies. These actions are essential to the efficiency and effectiveness of Commission-regulated markets in procuring the lowest-cost options for meeting electricity needs over the short and long terms.
• In evaluating proposed new pipeline infrastructure and other projects and actions, the Commission should comprehensively assess the associated climate impacts and all reasonable clean energy alternatives.
• The Commission should exercise its oversight authority to ensure that Regional Transmission Operators and other regulated entities are fostering participation, transparency, independence, and responsiveness to states, consumers, and other stakeholders.

A copy of the letter can be downloaded here.