The Importance of Long-Term Contracting for Facilitating Renewable Energy Project Development

Total Page:16

File Type:pdf, Size:1020Kb

The Importance of Long-Term Contracting for Facilitating Renewable Energy Project Development The importance of long-term contracting for facilitating renewable energy project development May 7, 2013 Dr. Jurgen Weiss Dr. Mark Sarro Copyright © 2013 The Brattle Group, Inc. This report was prepared for Ridgeline Energy LLC, a wholly owned indirect subsidiary of Atlantic Power Corporation. The authors are Principals of The Brattle Group. All results and any errors are the responsibility of the authors and do not represent the opinion of The Brattle Group. ACKNOWLEDGEMENTS We acknowledge the valuable contributions of many individuals to this report and to the underlying analysis, including members of The Brattle Group for peer review. www.brattle.com TABLE OF CONTENTS I. Executive Summary ........................................................................................................... 1 II. Public Policy is Key to Renewable Energy Investment ..................................................... 5 A. New York has a Renewable Energy Commitment ..................................................... 5 B. But the Wholesale Energy Market is Separate ........................................................... 7 III. Advantages of Long-Term Contracts for Renewables ....................................................... 8 A. Less Development Risk and Revenue Uncertainty ..................................................... 8 B. Lower Project Cost of Capital .................................................................................. 11 C. More Renewable Projects Get Built ......................................................................... 18 D. Lower Cost to Ratepayers of Meeting the RPS ........................................................ 21 IV. Evidence of the Impact of Long-Term Contracts on Renewable Energy Development .................................................................................................................... 23 A. California .................................................................................................................. 24 B. Massachusetts ........................................................................................................... 26 V. Benefits to New York of Long-Term Contracts for Full Renewable Output .................. 28 VI. Conclusions ...................................................................................................................... 33 i www.brattle.com I. EXECUTIVE SUMMARY Ridgeline Energy LLC (“Ridgeline”), a wholly owned indirect subsidiary of Atlantic Power Corporation, asked The Brattle Group to consider the extent to which long-term contracting can help facilitate the financing and construction of renewable energy projects. In particular, Brattle was asked to examine the potential effect of long-term contracting on the development of renewable energy generation facilities in the State of New York. The evidence shows that for the past several years the vast majority of power plants have been built either by vertically integrated utilities or with the support of long-term contracts. This is even more the case for renewable energy projects. At first glance, this observation may seem at odds with the underlying reasons for creating competitive markets for electric power, capacity and renewable attributes over the past two decades. A closer look, however, reveals that there are important theoretical and practical reasons long-term contracts and utility ownership have been the dominant approaches to support the development of renewable energy projects. One of the primary reasons is the well-understood concept that projects with large sunk and irreversible initial investments are subject to the “hold-up” problem in the absence of liquid spot and secondary markets.1 Large infrastructure projects such as those for renewable energy usually involve correspondingly large upfront investments. Once the investment is made, the cost of providing services from the infrastructure typically is relatively modest. Power generation is a classic example of such projects. If a power plant had just a single potential user, this user would have an incentive to offer to pay only the marginal cost of producing the power (or a tiny bit more) rather than to also paying for initial capital outlays once the plant is built. This is because once the investment is made, the cost of the investment is sunk and cannot be recovered (for example by “un-building” the plant and selling the material), and the owner of the plant will be willing to accept any price that at least covers the plant’s variable cost. When there are liquid spot and forward markets, a potential investor can ensure that enough revenues will be collected to pay for the initial investment by entering into forward contracts. In the absence of sufficiently liquid forward markets, such as in New York for energy and renewable energy certificates (“RECs”), however, potential investors will be reluctant to invest in such projects, primarily because of the risks associated with hold-up. This problem is particularly relevant for projects with long lives such as renewable energy projects. 1 Since most of the financial and economic details related to renewable energy projects are confidential, it is difficult to assess the extent to which there is evidence of the actual impact of this hold-up problem, apart from the prediction that it will lower the number of projects that can be financed/built. However, Invenergy’s 10-year REC contract with NYSERDA for High Sheldon Wind Farm is indicative. Given that the REC contract was signed more than a year after the project’s commercial operating date, Invenergy likely would have been willing to accept a relatively low price for RECs, since the revenues were no longer needed to get the project built and any revenue would be incremental. Likewise, NYSERDA had an incentive to offer a low price. For more details, see http://www.prnewswire.com/news-releases/invenergy-and-nyserda-enter-into- renewable-energy-credit-purchase-agreement-113344714.html. 1 www.brattle.com Energy markets are subject to substantial regulation. For example, regulators have shown a tendency to impose price caps once wholesale markets rise to levels deemed unacceptably high. The market for renewable power is even more regulated, often still relying on regulatory requirements. For instance, without mechanisms like Renewable Portfolio Standards (“RPS”), the environmental attributes of renewable power would have little market value (beyond anyone willing to pay a voluntary premium for such power). Since the forward market for RECs post- 2015 is illiquid, the risk of regulatory hold-up, i.e. of changes in regulation that effectively reduce the value of renewable attributes after projects have been built, is substantial. Experience has shown that forward markets for energy, capacity and RECs, where they exist at all, are liquid often only for relatively short periods of time. There is some evidence that this problem has become worse after the financial crisis of 2008 and the structural reforms and restrictions on commodity trading by the Dodd-Frank Act.2 Consequently, potential funders of renewable projects usually cannot ensure recovery of their fixed and sunk investment cost through contracting in secondary forward markets for energy, capacity and RECs. In the absence of such hedging possibilities, it is likely that renewable energy projects simply will not be financed without a long-term revenue guarantee.3 This explains the predominant use of long-term contracts in the restructured U.S. power markets, coupled with direct ownership by regulated vertically-integrated utilities where direct utility ownership is still permitted. Even if it is theoretically possible to enter long-term contracts for energy, capacity and RECs separately, as is potentially the case in New York, the interaction between the separate pricing of the various products, including the potentially differing length of contracts, makes the financing of renewable projects difficult. This is because a project developer will need to contract in a way such that the sum of the separate revenue streams from energy, capacity and RECs is sufficient to recover the initial fixed outlay. Until renewable technologies become competitive with existing fossil technologies without consideration of renewable attributes, signing long-term contracts for energy and capacity alone will not provide sufficient revenues.4 Hence, a renewable project developer could only sign such contracts once a long-term contract for RECs has been obtained and thus the REC revenue stream is known. However, the contract price a project developer would be willing to accept for RECs, in turn, depends on the incremental revenue stream needed to generate sufficient overall revenues to recover the initial investment, an amount that is known only after contracting for energy and 2 While the Act clearly affects traditional hedging activities of the electric power industry, its ultimate long- term effect is unclear. For a discussion, see Grant Thornton, “Financial reform: How the Dodd-Frank Act affects the energy industry.” There is some evidence that markets may be providing some longer-term hedges. However, there is ongoing uncertainty about their treatment under the Act, and whether or not the market for such hedges is liquid and its tenor is sufficient to provide enough mark risk mitigation to have a material impact on financing costs. 3 The absence of a liquid forward market is particularly problematic for RECs, the prices of which are characterized by boom-bust
Recommended publications
  • P501 Numerical Simulation of Wind Power Potential in Upstate New York
    P501 NUMERICAL SIMULATION OF WIND POWER POTENTIAL IN UPSTATE NEW YORK Robert Ballentine *, Scott Steiger and Daniel Phoenix State University of New York at Oswego 1. INTRODUCTION 2. METHODOLOGY Consistent with the national goal of moving away 2.1 Grid Arrangement from our dependence on carbon-based fuels, there is considerable interest in New York State in developing We are running the ARW-core of WRF on a wind power especially in areas with highest potential. doubly-nested grid (Fig. 1) to ensure that both large- The purpose of this research is to simulate low-level scale meteorological forcing and local geographical winds over upstate New York by running the Weather effects are well-represented. The grid spacings of the Research and Forecasting (WRF, Skamarock, et al large, intermediate and fine grids are 12 km, 4 km and 2005) model every day on a high-resolution (1.333 1.333 km respectively. We use 33 sigma levels where km) domain. Using the standard wind speed-versus- the lowest levels correspond to 10m, 40m and 80m power generation curve for a GE 1.5 MW wind above ground under typical meteorological conditions. turbine, we can estimate the monthly and seasonal We employ the Noah LSM and Yonsei PBL schemes. average wind power potential at all of our grid points (covering much of upstate New York and adjacent Lake Ontario). To determine the accuracy of WRF wind predictions, we are comparing winds simulated by WRF at 10 m AGL with hourly observations at three regularly reporting sites near Lake Ontario. 1.1 Brief Description of Wind Power Sites As of November 2009, New York State had more than 1200 MW of wind generating capacity from sites such as Horizon Wind Energy's Maple Ridge Wind Farm in Lewis County and farms operated by Noble Environmental Power in Clinton, Franklin and Wyoming Counties.
    [Show full text]
  • Before the State of New York Board on Electric
    15-F-0122 Sokolow Post Hearing Brief BEFORE THE STATE OF NEW YORK BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT In the Matter of Baron Wind LLC Case 15-F-0122 INITIAL POST-HEARING BRIEF Alice Sokolow Case #15-F-0122 also for Parties: Thomas Flansburg Mary Ann McManus Bert Candee Virginia Gullam Dated: 4/15/2019 1 15-F-0122 Sokolow Post Hearing Brief TABLE OF CONTENTS I Introduction 2 II Facility 2 III Legal Background 2-3 IV. Issues- Fremont Wind Law 3 V. Nature of Env Impact-Avian & Bat 5 VI. Nature of Env Impact –Safety Exh1001.6 11 Exh 1001.15 29 VII Nature of Env Viewshed & Flicker 54 VIII Not Addressed 70 IX Conclusions 70 I Introduction We are five individual parties with grave concerns over conditions and completeness of Baron Winds Applications for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a Wind Energy Facility. II. Facility Description Baron Winds LLC (the Applicant) is proposing to construct the Baron Winds Project, a wind energy generation facility and associated infrastructure (the Facility) in the Towns of Cohocton, Dansville, Fremont, and Wayland in Steuben County, New York (See Figure 1).The Facility will consist of up to 69 utility scale wind turbines with a total generating capacity of up to 242 Megawatts (MW). Other proposed components will include: access roads, buried collection lines, up to four permanent meteorological (met) towers, one operations and maintenance (O&M) building, up to two temporary construction staging/laydown areas, and a collection/point of interconnection.
    [Show full text]
  • 2Nd EPR Romania 2010 V2
    ECE/CEP/166 UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE ENVIRONMENTAL PERFORMANCE REVIEWS ROMANIA Second Review UNITED NATIONS New York and Geneva, 2012 Environmental Performance Reviews Series No. 37 NOTE Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. In particular, the boundaries shown on the maps do not imply official endorsement or acceptance by the United Nations. The United Nations issued the first Environmental Performance Review of Romania (Environmental Performance Reviews Series No. 13) in 2001. This volume is issued in English only. ECE/CEP/166 UNITED NATIONS PUBLICATION Sales E.12.II.E.11 ISBN 978-92-1-117065-8 e-ISBN 978-92-1-055895-2 ISSN 1020-4563 iii Foreword In 1993, Environmental Performance Reviews (EPRs) of the United Nations Economic Commission for Europe (ECE) were initiated at the second Environment for Europe Ministerial Conference in Lucerne, Switzerland. They were intended to cover the ECE States that are not members of the Organisation for Economic Co- operation and Development. At the fifth Environment for Europe Ministerial Conference (Kiev, 2003), the Ministers affirmed their support for the EPR Programme, and decided that the Programme should continue with a second cycle of reviews.
    [Show full text]
  • 2. Wind Energy in New York State
    Wind Energy Toolkit – Overview 2. Wind Energy in New York State 2.1. Market Drivers and Barriers Drivers for Wind Development in New York State Windy rural areas in the Northeast, such as those in Upstate and Western New York, have proved to be attractive to wind energy developers. Market drivers for wind development generally include an area’s proximity to major load centers, available electrical transmission capacity, and a good wind resource; regionally, drivers include the high costs of electrical energy in the Northeast, concerns over regional air quality, federal tax incentives, and legislative mandates in New York and neighboring states. Some specific factors that are driving the market for wind energy in New York include the following: • A good resource: New York State is ranked 15th in annual wind energy generating potential (7080 MW or approximately 62 billion kWh)—more than California or any state east of the Mississippi and the largest potential of any state in the Northeast.1 The location and relative strength of wind resources in New York State are shown in Figure 1. • State mandates: Renewable energy purchase mandates or renewable portfolio standards (RPS) in New York and neighboring states are driving the demand for new renewable resources in the region, particularly wind energy. Originally, the New York State RPS called for an increase in renewable energy used in the state from its then-current level of about 19% to 25% by the year 2013. In 2009, the RPS goal was expanded to 30% renewable energy by 2015. Wind energy is expected to supply a significant portion of the RPS requirement, which effectively creates a stable, long-term market for the retail sale of wind energy in New York.
    [Show full text]
  • Radar Impact Assessment
    Radar Impact Assessment Enabling Wind Farms Market Context Protecting Radar Across the world countries continue to embrace wind farm technology for both onshore and off shore applications. However, the presence of wind turbines can significantly impact the effectiveness of radar systems used across the meteorology, aviation and marine industries. All too often radar objections block or delay not only new wind farm developments, but also the repowering of existing ones, where the new, often larger, turbines deployed are considered to pose a greater impact risk. Consistent methods for modelling the potential impacts of wind farm developments on radar are critical. Decisions regarding development feasibility, or the proposal of relevant mitigation solutions, can only be made based upon accurate data. Over the past 15 years QinetiQ has accumulated extensive knowledge and experience in delivering independent expert analysis and advice, to both wind farm developers and radar safeguarders, enabling wind farm developments whilst protecting the integrity of radar systems. Your support in getting the two turbines approved at a planning appeal was excellent given that getting the radar element right was a critical part of the development. Was very impressed by the way this was managed by the Radar Impact Assessment team. David Connell, Loganwood Wind Ltd QinetiQ’s RIA team utilises state- of-the-art modelling software and Impact Assessment & Mitigation analytical expertise to take into account all relevant factors and scenarios, accurately demonstrating to developers and radar operators whether or not issues are likely to exist with planned developments. If any conflicts are predicted, QinetiQ’s RIA team can provide independent advice to both parties on the potential solutions to mitigate the impacts.
    [Show full text]
  • County Comprehensive Plan
    Lewis County COUNTY COMPREHENSIVE PLAN NEW YORK October 6, 2009 Chapter 2: Existing Conditions Existing 2: Chapter INFRASTRUCTURE Figure 16: Electricity Generation Capacity by Source, 2006 Water and Sanitary Sewer Power & Utilities (see Map 10) According to New York State Department of Health (NYSDOH) records, ten of the twelve public water supply systems in Lewis County have Unlike its more urbanized counterparts, Lewis County lacks contiguous available capacity. Notable exceptions include the Village of Port Leyden 4.1% 9.6% networks of water, sanitary sewer, and natural gas services primarily due 13.7% and the Village of Croghan which exceed available capacity during 20.8% periods of peak flow (see Tables 18 and 19). The Village of Lowville has to a small, sporadic population coupled with environmental limitations. 18.2% 13.0% the greatest excess capacity in terms of actual supply, with approximately Lewis County’s low population densities require extensive infrastructure 13.1% investments to service customers throughout the county. This equates to 62.1% Table 18: Lewis County Community Water Systems higher overall service costs to consumers. 43.7% It should be noted that the information on Map 10 represents locations for known infrastructure based on available information such as maps, Lewis County (519 MW) New York State (43,143 MW) GIS data, and personal accounts from municipal representatives. Due to the scale and breadth of this County Comprehensive Plan, it was Source: U.S. Energy Information Administration impractical to research and depict the full extent of utility and infrastructure penetration within each municipality. generated along the St.
    [Show full text]
  • (NYS) Pre-Filed Hearing Exhibit NYS000089, NYSERDA, New York
    New York State Renewable Portfolio Standard Performance Report Program Period ending March 2007 Released in August 2007 The N ew York State Energy Research and Development Authority (NYSERDA) OAGI0000277_000001 Executive Summary From January 1,2006 through the first quarter of2007 ("the reporting period"), NY SERDA and the Department of Public Service have taken several actions to implement the New York State Renewable Portfolio Standard program (RPS). Some of the major actions include the acceptance of two facilities into the RPS program as Maintenance Resources 1 and the completion of a second Main Tier competitive solicitation. In addition to the major actions taken by NYSERDA and the Department of Public Service to implement the RPS, several contracts from the first RPS Main Tier solicitation commenced during the reporting period. The 19 Megawatt ("MW") Lyonsdale Biomass plant located in Lewis County, NY and the 20 MW Boralex Biomass plant located in Franklin County, NY were both accepted into the RPS program as Maintenance Resources during the reporting period. As a result of the financial support that will be provided to these two plants under the RPS, New York will enjoy the retention of39 MW of valuable base load energy capacity along with several dozen full and part time jobs. During calendar year 2006, NY SERDA paid production incentives on approximately 582,000 Megawatt hours ("MWh") of production from five renewable energy facilities awarded contracts from the first Main Tier solicitation. While contractors from this solicitation were required to build 254 MW of new renewable capacity, more than 344 MW was actually built and is currently operating.
    [Show full text]
  • North Ridge Wind Farm St
    Preliminary Scoping Statement North Ridge Wind Farm St. Lawrence County, New York Prepared For: Atlantic Wind LLC 2 Radnor Corp. Ctr., Ste. 200 100 Matsonford Road Radnor, PA 19087 Contact: Jenny L. Briot P. (315)-399-0486 [email protected] Prepared by: Environmental Design & Research, Landscape Architecture, Engineering & Environmental Services, D.P.C. 217 Montgomery Street, Suite 1000 Syracuse, New York 13202 P. 315.471.0688 May 2017 PRELIMINARY SCOPING STATEMENT North Ridge Wind Farm St. Lawrence County, New York Prepared For: Atlantic Wind LLC 2 Radnor Corp. Ctr., Ste. 200 100 Matsonford Road Radnor, PA 19087 Contact: Jenny L. Briot Phone: (315)-399-0486 [email protected] Prepared By: Environmental Design & Research, Landscape Architecture, Engineering & Environmental Services, D.P.C. 217 Montgomery Street, Suite 1000 Syracuse, New York 13202 Contact: Ben Brazell Phone: (315) 471-0688 May 2017 TABLE OF CONTENTS 1.0 INTRODUCTION .............................................................................................................................................. 1 1.1 FACILITY DESCRIPTION ............................................................................................................................ 1 1.2 FACILITY BENEFITS ................................................................................................................................... 2 1.3 SUMMARY OF PRE-APPLICATION ACTIVITIES........................................................................................ 4 1.4 POTENTIAL
    [Show full text]
  • Post-Construction Avian and Bat Mortality Monitoring at the Alta X Wind Energy Project Kern County, California
    Post-Construction Avian and Bat Mortality Monitoring at the Alta X Wind Energy Project Kern County, California Final Report for the Second Year of Operation April 2015 – April 2016 Prepared for Alta Wind X, LLC 14633 Willow Springs Road Mojave, California 93501 Prepared by: Joel Thompson, Carmen Boyd, and John Lombardi Western Ecosystems Technology, Inc. 415 West 17th Street, Suite 200 Cheyenne, Wyoming 82001 July 22, 2016 Alta X Year 2 Final Report EXECUTIVE SUMMARY Alta Wind X, LLC (Alta Wind X) has constructed a wind energy facility in Kern County, California, referred to as the Alta X Wind Energy Project (“Alta X” or “Project”). Consistent with the Alta East Wind Project Draft Environmental Impact Report (DEIR), Alta Wind X is committed to conducting avian and bat mortality monitoring at the Project during the first, second, and third years of operation. Following construction in the spring of 2014, Alta Wind X contracted Western Ecosystems Technology, Inc. (WEST) to develop and implement a study protocol for post- construction monitoring at the Project for the purpose of estimating the impacts of the wind energy facility on birds and bats. The following report describes the methods and results of mortality monitoring conducted during the second year of operation of the Project, April 2015 to April 2016. As stated in the DEIR, the goal of the mortality monitoring study is determine the level of incidental injury and mortality to populations of avian or bat species in the vicinity of the Project. To this end, WEST designed and implemented a 3-year study to determine the level of bird and bat mortality attributable to collisions with wind turbines at the facility on an annual basis.
    [Show full text]
  • Meeting Energy Needs of the Empire State Plaza Without Fossil Fuels
    Meeting Energy Needs of the Empire State Plaza Without Fossil Fuels Sheridan Hollow Alliance for Renewable Energy Science Committee July 11, 2019 1 I. INTRODUCTION The Sheridan Hollow Alliance for Renewable Energy (SHARE) is a coalition of individuals, experts, organizations, and environmental justice advocates with a common purpose of ensuring that energy needs of the Empire State Plaza in Albany, New York are met with renewables rather than fossil fuels burned in Sheridan Hollow. This report discusses feasible renewable energy alternatives to a fossil fuel microgrid project proposed by the New York Power Authority (NYPA) and Office of General Services (OGS). It refutes inaccurate or misleading information, and it challenges agencies to think outside the box of a system architecture that relies predominately on fracked gas for heat and power. Drawing upon knowledge from allies with expertise in the design and retrofit of large scale systems, the document re-envisions the concept of a microgrid within a larger network of renewable resources, describing how energy needs can be met during normal operation while also ensuring that provisions exist for resiliency during emergencies. As explained in the report, this involves converting the Plaza's antiquated steam-based system of heating and cooling to far more efficient geothermal and thermal load-sharing technology, as well as the deployment of renewables for electricity— both locally and outside of the downtown area. Significantly, this year the Governor and legislature amended language within the state budget to require the use of renewable energy to heat, cool, and power the Empire State Plaza to the extent possible.
    [Show full text]
  • Potential Carbon Emis from Energy
    TacTacklingkling ClimateClimate ChangeChange inin thethe U.S.U.S. PPotentialotential CarbonCarbon EmissionsEmissions ReductionsReductions fromfrom EnergyEnergy EfficiencyEfficiency andand RRenewableenewable EnergyEnergy byby 20302030 American Solar Energy Society Charles F. Kutscher, Editor January 2007 Front cover: A stream of melt water cascades off the vast Arctic ice sheet that covers Greenland. Scientists attribute acceleration in the melting of ice sheets to global warming. Photo © Roger Braithwaite/Peter Arnold, Inc. Back Cover: © Dean Jenkins/morguefile.com. The publishers of this report gratefully acknowledge Roger Braithwaite and Peter Arnold, Inc., for their generosity and commitment to sustaining our world. Editorial and Design Services, McIntyre Communications Inc. www.McComm.com • [email protected] Ê Printed with soy-based ink on recycled paper. Tackling Climate Change in the U.S. Potential Carbon Emissions Reductions from Energy Efficiency and Renewable Energy by 2030 Charles F. Kutscher, Editor American Solar Energy Society Tackling Climate Change • Searchable PDF at www.ases.org/climatechange Table of Contents FOREWORD . .i by James Hansen, Ph.D. ACKNOWLEDGEMENTS . .iii by Brad Collins LIST OF FIGURES . .v LIST OF TABLES . .xii EXECUTIVE SUMMARY . .1 by Charles F. Kutscher, Ph.D., P.E. OVERVIEW AND SUMMARY OF THE STUDIES . .7 by Charles F. Kutscher, Ph.D., P.E. Introduction 9 Putting the Challenge in Context 10 Project Description 12 Summary of the Analyses 14 Energy Efficiency 14 Overall Energy Efficiency 14 Buildings 15 Plug-in Hybrid Electric Vehicles 16 Renewable Energy 17 Concentrating Solar Power 17 Photovoltaics (PV) 20 Wind Power 22 Biomass 25 Biofuels 28 Geothermal Power 30 Summary of Contributions 32 Conclusions 37 ENERGY EFFICIENCY OVERALL ENERGY EFFICIENCY .
    [Show full text]
  • Fire and Ice: World Renewable Energy and Carbon Control Mechanisms Confront Constitutional Barriers
    Ferrey_final_cpcxns.doc 2/22/2010 9:33:43 AM FIRE AND ICE: WORLD RENEWABLE ENERGY AND CARBON CONTROL MECHANISMS CONFRONT CONSTITUTIONAL BARRIERS STEVEN FERREY* CHAD LAURENT** CAMERON FERREY*** Some say the world will end in fire, Some say in ice . .And [either] would suffice. 1 —Robert Frost ABSTRACT Fire and ice will forge the future of the world. The constitutional battle in the United States vis-à-vis global warming will determine the future of fire and ice. The electric sector of the economy holds the key; a fundamental transition to renewable energy is necessary to create a sustainable economy and abate global warming. As of 2009, ten U.S. states are vigorously moving toward implementing a feed-in tariff regulatory mechanism similar to those adopted previously by eighteen * Professor of Law, Suffolk University Law School. Professor Ferrey has served as primary legal advisor to the World Bank and to the U.N. on global warming and renewable energy policy in developing countries. He is the author of six books on energy and environmental policy including the 2006 book RENEWABLE POWER IN DEVELOPING COUNTRIES: WINNING THE WAR ON GLOBAL WARMING, as well as chapters in two recent books on climate change and climate change articles published by Stanford, University of California at Berkeley, Boston College, and New York University. ** Juris Doctor expected May 2009, Suffolk University Law School. Project Consultant with Meister Consultants Group, Inc. in Boston. Former Manager of Renewable Energy Programs at Massachusetts Energy Consumer Alliance. Former Research Associate at Environmental Defense Fund. *** President of Computers Across Borders, a non-profit NGO distributing computers to schools in developing countries on three continents that operate on renewable energy.
    [Show full text]