America’s Energy Future: So Who Are the Good Guys?


Not just ‘all of the above,’ but ‘how much of each?’

Not just ‘all of the above,’ but ‘how much of each?’

Fortnightly Magazine - October 2013

Cir. Sept. 18, 2013) (2-1 decision rejecting claim of facial Commerce Clause violation).

6. See David Coen, “Should Large Hydroelectric Plants be Treated as Renewable Resources, 32 Energy L.J. 541 (2011); Mary G. Powell, “Treatment of Large Hydropower as a Renewable Resource,” 32 Energy L.J. 553 (2011).

7. See, e.g., William D. Nordhaus, “Dealing with Climate Change:What Are the Major Options? (November 2008), (accessed July 5, 2013); William G. Gale, “Carbon Taxes as Part of the Fiscal Solution,” Brookings Institute, March, 2013.

8. See, e.g., Kate Ackley, “K Street Files: Manufacturers, Citing Job Losses, Opposed Carbon Tax,” Roll Call , Feb. 26, 2013.

9. See Karen Palmer and Dallas Burtraw, “Cost Effectiveness of Renewable
Electricity Policies,” Resources for the Future, January 2005.

10. Eric Pooley, “Why the Climate Bill Failed,” Time, June 9, 2008.

11. Massachusetts v EPA , 549 U.S. 497 (2007)

12. Evan Lehman and Christa Marshall, “Obama’s Climate Plan will Limit
Emissions from Power Plants and Heavy Trucks,” Scientific American , June 25, 2013.

13. David Boonin, “A Rate Design to Encourage Energy Efficiency and Reduce Revenue Requirements,” National Regulatory Research Institute ( July 2008),, accessed July 8, 2013. The National Association of Regulatory Utility Commissioners defines decoupling as “a rate adjustment mechanism that separates (decouples) an electric or gas utility’s fixed cost recovery from the amount of electricity or gas it sells.” “Decoupling for Electric and Gas Utilities: Frequently Asked Questions,” 2007,, accessed July 8, 2013.

14. Richard Sedano, “Decoupling Utility Sales from Revenues,” Report for
the Kentucky Public Service Commission, Regulatory Assistance Project, April 2009.

15. Aaron C. Davis, “O’Malley wins three-year battle over subsidy for offshore wind industry,” Washington Post , March 9, 2013., Washington Post, March 9, 2013.

16. This is the theory discussed in a February 2013 study by the Brattle Group. Jurgen Weiss, Mark Sarro and Mark Berkman, “A Learning Investment-based Analysis of the Economic Potential for Offshore Wind: The Case of the United States,” (accessed July 13, 2013).

17. Peter Behr, “Battle Lines Harden Over New Transmission Policy for Renewables,” New York Times , Feb. 26, 2010, (accessed July 13, 2013).

18. FERC Order No. 1000, FERC Stats. & Regs. ¶ 31,323 at P 400 (2011), (appeals pending), South Carolina Public Service Authority, et al. v. FERC ,  Nos 12-1232 et al (D. C. Cir).

19. Earlier this year Congress extended the Production and Incentive tax credits to wind power producers. Without these breaks, many have argued that construction of new wind projects would slow to a trickle, supported only by RPS requirements in various states. “Blown Away: Wind Power is doing well, but it still relies on irregular and short-term subsidies,” The Economist , June 8, 2013.

20. Tim McDonnell, “Top 4 Reasons the US Still Doesn’t Have a Single Offshore Wind Turbine,” Climate Desk , February 28, 2013.

21. Policy Statement, Promoting Transmission Investment Through Pricing Reform , 141 FERC ¶ 61,129 (2012).

22. The Conservation Law Foundation, Climate + Energy Project, Earthjustice, Natural Resources Defense Council and Sierra Club’s Beyond Coal