State, Power Company, and EPA Officials Discuss Implementation of Clean Power Plan

October 14, 2015

The Georgetown Climate Center recently hosted the sixth in a series of dialogues among senior state and power company leaders, NGOs, experts, and federal officials to further discuss implementation issues and state program design decisions under EPA’s Clean Power Plan.

Participants discussed compliance-related issues and questions raised by EPA’s final rule and federal plan proposal, with a focus on the “trading ready” mass-based and rate-based compliance pathways for which EPA has proposed model rules.

Below is the agenda and participants list from the event.

Agenda

8:30 am: Welcome and Overview

  • William Treanor, Dean, Georgetown Law
  • Vicki Arroyo, Executive Director, Georgetown Climate Center

8:45 am: Opening Remarks

  • Gina McCarthy, Administrator, U.S. Environmental Protection Agency

9:15 am: Key Compliance Issues and Questions Arising from Final Rule

  • Participants identified key compliance-related issues and questions raised by EPA’s final rule and federal plan proposal, with a particular focus on the “ready for interstate trading” rate-based and mass-based compliance pathways for which EPA has proposed model rules. Because of the interest expressed in trading-ready approaches, the day’s discussions concentrated primarily on the considerations related to the pathways that facilitate interstate trading.

10:30 am: Mass-Based Compliance Issues and Options

  • Participants discussed the practical program design considerations for mass-based compliance options. Discussion topics included:
    • Discussion of mass-based trading and linking options, including comparisons of trading-ready and specified partners approaches, and the potential for interactions between different mass-based pathways, including the state measures approach;
    • Examination of EPA’s requirement to address leakage to new sources and the options for states to meet this requirement by including new sources under an emissions budget or using an allocation methodology; and
    • Consideration of potential allowance distribution mechanisms, including the model plan allocation, auction, and alternative allocation methods.

12:45 pm: Discussion with EPA on State Plan Development and Implementation

  • Janet McCabe, Acting Assistant Administrator for the Office of Air and Radiation
  • Joe Goffman, Associate Assistant Administrator & Senior Counsel, Office of Air and Radiation

2:00 pm: Rate-Based Compliance Issues and Options

  • Participants discussed implementation considerations and decision points for rate-based compliance options. Discussion topics included:
    • Implementation of the subcategory-specific rate-based emission standards approach; and
    • Considerations related to emission rate credit markets, including administrative and infrastructure needs for resource crediting and ERC issuance.

3:15 pm: Discussion of Next Steps, Including Future Modeling and Key Issues for Comment

  • Participants identified questions raised during the day’s discussions for which further analysis may be necessary, as well as key issues on which EPA requests comment in the Federal Plan Proposal. Participating analysts also shared information about relevant quantitative analyses that are planned or underway. 

 

Participants List

 

States

  • Colorado: Will Allison, Air Pollution Control Division Director, Colorado Department of Public Health and Environment
  • Connecticut: Katie Dykes, Deputy Commissioner for Energy, Connecticut Department of Energy and Environmental Protection
  • Michigan: Mary Maupin, Air Quality Division State Manager, Michigan Department of Environmental Quality
  • Minnesota: Frank Kohlasch, Air Assessment Section Manager, Minnesota Pollution Control Agency
  • Montana: David Klemp, Bureau Chief, Air Resources Management Bureau, Montana Department of Environmental Quality
  • New York: Jared Snyder, Assistant Commissioner for Air Resources, Climate Change and Energy, New York State Department of Environmental Conservation
  • Tennessee: Kendra Abkowitz, Senior Policy Analyst, Tennessee Department of Environment and Conservation
  • Virginia: Angela Navarro, Deputy Secretary of Natural Resources, Office of Virginia Governor Terry McAuliffe, and Michael Dowd, Air Division Director, Virginia Department of Environmental Quality
  • Washington: Sam Ricketts, Director, Washington, DC Office of Washington State Governor Jay Inslee

Power Companies

  • Austin Energy: Kathleen Garrett, Director, Environmental Services
  • Berkshire Hathaway Energy: Cathy Woollums, Senior Vice President, Environmental & Chief Environmental Counsel
  • Calpine: Yvonne McIntyre, Vice President, Federal Legislative Affairs
  • Dominion: Ann Loomis, Senior Advisor for Federal & Environmental Policy
  • DTE Energy: Skiles Boyd, Vice President, Environmental Management and Resources
  • Duke Energy: Venu Ghanta, Environmental Policy Director
  • Exelon: Kathleen Robertson, Manager, Environmental & Fuels Policy
  • NextEra Energy: Ray Butts, Director, Environmental Services
  • PG&E: Ray Williams, Director, Energy Policy, and Melissa Lavinson, Vice President, Federal Affairs
  • Portland General Electric: Sunny Radcliffe, Director, Government Affairs
  • Tennessee Valley Authority: Brenda Brickhouse, Vice President of Environmental and Energy Policy
  • Xcel Energy: Frank Prager, Vice President of Policy and Federal Affairs

NGO Participants

  • Bipartisan Policy Center: Tracy Terry, Director, Energy Project, and Jennifer Macedonia, Senior Advisor
  • Center for the New Energy Economy: Patrick Cummins, Senior Policy Advisor
  • Clean Air Task Force: Jonathan Banks, Senior Climate Policy Advisor
  • Environmental Defense Fund: Pam Kiely, Senior Director of Regulatory Strategy, Nicholas Bianco, Director of Regulatory Analysis and Strategic Partnerships
  • Great Plains Institute: Doug Scott, Vice President of Strategic Initiatives
  • Litz Energy Strategies: Franz Litz, Principal
  • National Association of Clean Air Agencies: Phil Assmus, Senior Staff Associate
  • National Governors Association: Sue Gander, Director, Environment, Energy & Transportation Division
  • Natural Resources Defense Council: Starla Yeh, Senior Policy Analyst, and Kevin Steinberger, Policy Analyst
  • Nicholas Institute for Environmental Policy Solutions: Sarah Adair, Senior Policy Associate, and David Hoppock, Senior Policy Associate
  • Regulatory Assistance Project: David Farnsworth, Senior Associate
  • Resources for the Future: Dallas Burtraw, Darius Gaskins Senior Fellow

 

 

Federal Participants

White House:

  • Megan Ceronsky, Senior Policy Advisor, Office of Energy and Climate Change

Environmental Protection Agency:

  • Gina McCarthy, Administrator
  • Janet McCabe, Acting Assistant Administrator, Office of Air and Radiation
  • Joe Goffman, Associate Assistant Administrator & Senior Counsel, Office of Air and Radiation
  • Sarah Dunham, Director, Office of Atmospheric Programs
  • Juan Santiago, Air Quality Policy Division, Office of Air Quality Planning and Standards
  • Lora Strine, Sector Policy and Program Division, Office of Air Quality Planning and Standards
  • Chris Sherry, Climate Change Division, Office of Atmospheric Programs
  • Stephen Senter, Sector Policy and Program Division, Office of Air Quality Planning and Standards
  • Jeb Stenhouse, Clean Air Markets Division, Office of Atmospheric Programs
  • Meg Victor, Clean Air Markets Division, Office of Atmospheric Programs
  • Beth Conlin, Clean Air Markets Division, Office of Atmospheric Programs
  • Julia Miller, Climate Protection Partnerships Division, Office of Atmospheric Program
  • Julie Rosenberg, Climate Protection Partnerships Division, Office of Atmospheric Programs
  • Denise Mulholland, Climate Protection Partnerships Division, Office of Atmospheric Programs

Department of Energy:

  • Judi Greenwald, Deputy Director for Climate, Environment and Efficiency, Office of Energy Policy and Systems Analysis
  • Erin Boyd, Policy Analyst, Office of Energy Policy and Systems Analysis
  • John Agan, Policy Analyst, Office of Energy Policy and Systems Analysis

 

Georgetown Climate Center Staff, Georgetown Law Faculty, and Consultants

Georgetown Climate Center & Georgetown Law:

  • Vicki Arroyo, Executive Director; Assistant Dean for Centers & Institutes and Professor from Practice, Georgetown Law
  • Kate Zyla, Deputy Director
  • Gabe Pacyniak, Mitigation Program Manager
  • Lissa Lynch, Institute Associate
  • Matthew Goetz, Institute Associate
  • William Buzbee, Professor of Law
  • Sara Colangelo, Environmental Law and Policy Program Director & Adjunct Professor of Law

M.J. Bradley & Associates LLC, Consulting to Georgetown Climate Center to Support the October 9 Dialogue:

  • Carrie Jenks, Senior Vice President
  • Chris Van Atten, Senior Vice President
  • Paul Allen, Senior Vice President
  • Tom Curry, Vice President