UPDATE: RENEWABLE PORTFOLIO STANDARDS IN THE NORTHWEST - A renewable power struggle?

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UPDATE: RENEWABLE PORTFOLIO STANDARDS IN THE NORTHWEST - A renewable power struggle? Marlys Palumbo Van Ness Feldman, PC Seattle Small Hydropower Workshop September 22-23, 2011

RPS Policies www.dsireusa.org / August 2011 WA: 15% x 2020* OR: 25% x 2025 (large utilities)* 5% - 10% x 2025 (smaller utilities) CA: 33% x 2020 NV: 25% x 2025* AZ: 15% x 2025 MT: 15% x 2015 UT: 20% by 2025* ND: 10% x 2015 SD: 10% x 2015 WI: Varies by utility; ~10% x 2015 statewide CO: 30% by 2020 (IOUs) 10% by 2020 (co-ops & large munis)* IA: 105 MW NM: 20% x 2020 (IOUs) 10% x 2020 (co-ops) KS: 20% x 2020 MN: 25% x 2025 (Xcel: 30% x 2020) IL: 25% x 2025 OK: 15% x 2015 MO: 15% x 2021 MI: 10% & 1,100 MW x 2015* IN: 15% x 2025 VT: (1) RE meets any increase in retail sales x 2012; (2) 20% RE & CHP x 2017 NY: 29% x 2015 OH: 25% x 2025 WV: 25% x 2025* VA: 15% x 2025* NC: 12.5% x 2021 (IOUs) 10% x 2018 (co-ops & munis) ME: 30% x 2000 New RE: 10% x 2017 NH: 23.8% x 2025 MA: 22.1% x 2020 New RE: 15% x 2020 (+1% annually thereafter) RI: 16% x 2020 CT: 23% x 2020 PA: ~18% x 2021 NJ: 20.38% RE x 2021 + 5,316 GWh solar x 2026 DC MD: 20% x 2022 DE: 25% x 2026* DC: 20% x 2020 AK: 50% x 2025 2 HI: 40% x 2030 Renewable portfolio standard Renewable portfolio goal Solar water heating eligible TX: 5,880 MW x 2015 Minimum solar or customer-sited requirement * Extra credit for solar or customer-sited renewables Includes non-renewable alternative resources PR: 20% x 2035 29 states + DC and PR have an RPS (8 states have goals)

RPS: Energy by Design Targets and timeframes Resource eligibility Limitations on location, operation date Multipliers, credits, set asides associated with certain resources Cost caps, limits Energy efficiency, incentives Flexible compliance mechanisms (RECs, banking, settlement periods) Penalties, ACPs 3

RPS: Good News/Bad News The Good News Can drive known quantity of new renewable development Can spur economic development in rural areas Can ensure buyers for new renewable development The Not-so-Good News Can adversely affect supply and demand conditions (supply outweighing any RPS-driven demand) Can restrict eligibility of or displace existing in-state or regional resources Can stimulate renewable energy not needed by utility (intermittent energy, but peaking power needed) Can favor resource that is NOT the integrated, least-cost option 4

Northwestern States With RPS Washington Utilities (Munis, IOUs, Rural co-ops) must use eligible renewable resources or acquire equivalent renewable energy credits 3% by 1/1/2012, and each year thereafter through 12/31/2015 9% by 1/1/2016, and each year thereafter through 12/31/2019 15% by 1/1/2020 Eligible Technologies solar thermal, PV, landfill gas, wind, biomass, hydroelectric, geothermal, anaerobic digestion, tidal, wave, ocean thermal, biodiesel Hydroelectric limited to efficiency improvements after March 31, 1999 made to projects owned by utilities subject to RPS in the PNW, or irrigation systems in PNW no new fresh water diversion/impoundment Location in region or in-state delivery Annual cumulative limit on overall resource portfolio cost levelized cost in dollars per MWh; utilities self-certify cap subject to audit $50/MWh ACP (5.5 /kwh noncompliance penalty) 5

Northwestern States With RPS Oregon RPS for electric utilities and retail electric suppliers targets size-based Large Utilities (>3% LSE) 25% by 2025 Medium Utilities (>1.5% - <3% LSE) 10% by 2025 Small Utilities (<1.5% LSE) 5% by 2025 Goal small scale, community-based projects <20 MW 8% by 2025 Eligible Resources solar, wind, hydro, ocean thermal, wave, tidal power, MSW (limited to 11MW/year), and biomass (biogas) Generation after January 1, 1995; efficiency, capacity upgrades eligible for pre-january 1, 1995 generation 50MW utility-owned, pre-1995, low impact hydro eligible only 40MW non-utility owned, pre-1995, low impact hydro eligible only Location in region or in-state delivery HB 3674 (2010) pre-1995 biomass, MSW facilities eligible for RPS in 2026 HB 2622 (2011) Coal-fueled facility that converts to RE after 1/1/2012 ACP = $50/MWh for 2011; OPUC reconsiders ACP rate annually 6

Northwestern States With RPS Montana Public and Investor-owned Utilities must have retail electricity sales from eligible resources: 5% in 2008 10% in 2010 15% in 2020 Eligible resources wind, solar, geothermal, existing hydro (10MW or less), new hydro (up to 15MW installed at existing reservoir, existing irrigation system with no hydro as of April 16, 2009), landfill/farm gas, biogas, low-emission/non-toxic biomass, fuel cells (H produced with renewable fuels) Initial generation post-1/1/2005 State generation or delivery Specific procurement requirements for public utilities to stimulate rural economic development (50MW by 2014; 75MW by 2015 and thereafter) Cost Cap no purchase if cost >15% of any other generation alternative 1.0 /kwh noncompliance penalty 7

Northwestern States With No RPS Idaho State has incentives and policies to effect renewable energy and efficiency standards Residential Alternative Energy Tax Deduction Property tax exemption for Wind and Geothermal projects RE project bond program Low interest energy loan program Alaska Renewable Energy Goal 50% by 2025 Renewable Energy Grant Program (state) Alaska Energy Authority grants to qualifying projects in communities with high energy costs Emphasis on local determination regarding available RE resources 8

Responses to Resource Challenges April 2011 DOE/DOI - $26.6 million for hydro research and project development Projects to advance hydropower technology, including pumped storage Preference given if construction begins by 2014 and integrates wind and/or solar Will support analyses that calculate the economic value of pumpedstorage hydro dynamically responding to the grid providing other ancillary services (balancing wind and solar) peak power production Current RPS - Expand scope of RPS-qualifying resources to include additional high-capacity, low carbon resources Washington and Oregon RPS relatively limited new hydro in Washington not eligible, except irrigation canals, pipes question regarding co-generation (black liquor) - Washington Certainty with respect to federal carbon policy and future RPS requirements 9

THANK YOU For more information Marlys Palumbo (206) 623-9372 msp@vnf.com Small Hydropower Workshop September 22-23, 2011