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Clean Energy Groups Ask FERC for Transparency Into “Anti-Climate” Groups

By Chuck Sensiba, Angela Levin & Morgan Gerard on June 3, 2021
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On March 17, 2021, a coalition of environmental organizations and clean energy groups led by the Center for Biological Diversity (CBD) petitioned the Federal Energy Regulatory Commission (FERC) for a rulemaking that would amend the Uniform Systems of Accounts (USofA) requirements to disallow utilities from recovering the cost of membership from ratepayers in associations engaged in lobbying or other influence-related activities. CBD argues that these associations lack transparency, and many engage in “anti-climate” advocacy, including lobbying and campaigning activities, that do not align with the priorities of ratepayers.

All lobbying-related dues that utilities pay to industry groups are already identified through routine auditing. Lobbying expenses by trade groups are also already presumed nonrecoverable under FERC’s existing accounting requirements. As such, a number of industry stakeholders, including the American Gas Association, Edison Electric Institute (EEI), and Nuclear Energy Institute have opposed the petition and asked FERC to deny the proposed change to the USofA. EEI, particularly, noted its broad membership of clean energy member companies that are leading the clean energy transition. Moreover, EEI discussed energy diversity and supply security that benefits all customers.

The Solar Energy Industries Association (SEIA), on the other hand, supported the petition, taking issue with FERC’s accounting rules that allow industry dues to be recoverable except those “the portion of industry association fees where that association undertakes lobbying activities . . . .” SEIA advocates making “payments presumptively non-recoverable,” which “put[s] the affirmative burden . . . on utilities, should they seek to assert that there could be some basis for charging ratepayers for these payments.” CBD’s petition would essentially presume that cost recovery is disallowed on all dues paid to organizations that engage in advocacy, regardless of whether the utility participated in lobbying or advocacy.

The comment period in the rulemaking docket opened by FERC (RM21-15-000) closed on April 26, 2021. FERC now has the ability to deny the petition and take no further action or issue a rule proposal for further public comment.

Photo of Chuck Sensiba Chuck Sensiba
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Photo of Angela Levin Angela Levin
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Photo of Morgan Gerard Morgan Gerard

Morgan’s practice focuses on advising public and private sector clients on environmental and energy regulatory compliance, including permitting, rulemaking, and enforcement actions. She has focused on following the emerging energy trends and the associated environmental issues that arise in strengthening grid resilience and…

Morgan’s practice focuses on advising public and private sector clients on environmental and energy regulatory compliance, including permitting, rulemaking, and enforcement actions. She has focused on following the emerging energy trends and the associated environmental issues that arise in strengthening grid resilience and modernizing the energy system. Morgan has counseled clients ranging from those engaging in the hydropower licensing and relicensing process to electric utilities, wholesale generators, and distributed energy manufacturers, including electric vehicle manufacturers, solar installers and energy storage providers. She also counsels clients on matters arising under the National Environmental Policy Act, the Federal Power Act, the Clean Air Act, the Clean Water Act, the Coastal Zone Management Act, the Endangered Species Act, and similar state and local regulatory schemes.

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  • Posted in:
    Energy and Utilities, Environmental and Climate
  • Blog:
    Environmental Law & Policy Monitor
  • Organization:
    Troutman Pepper Locke
  • Article: View Original Source

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