Tuesday, March 30, 2010

Kaiser Permanente Uses PPA Model to Create Distributed Energy

Kaiser Permanente Launches 15 MW Solar Initiative


OAKLAND, CA — Kaiser Permanente will install solar power systems totaling 15 megawatts at California facilities in the first wave of renewable energy projects planned by the largest managed care organization in the U.S.

Starting in April at a receiving warehouse in the San Francisco Bay Area city of Livermore, Kaiser Permanente will roll through a series of installations that are expected to bring solar power systems to 15 medical centers and other facilities in California by the end of summer 2011.

Kaiser Permanente announced its plans this morning. In interviews yesterday, sustainability and green building leaders of the organization provided details about the first stage of KP's broad renewable energy initiative.

"This is just the tip of the iceberg," said John Kouletsis, director of strategy, planning and design for Kaiser Permanente’s National Facilities Services group.

When they are complete, the 15 installations are expected to provide 10 percent of the power used at the Kaiser Permanente sites that host them and prevent the equivalent of 15,890 metric tons of CO2 emissions annually.

Kaiser Permanente's plunge into solar power follows an initial venture at its nearly 2-year-old Modesto Medical Center, which was designed as a high-performance energy efficient campus and included a 50-kilowatt solar energy system (pictured right) among its environmentally friendly attributes.

As planned, the installations also represent one of the larger solar power projects -- and possibly the largest thus far, Kaiser Permanente believes -- within the healthcare industry.


The organization has been a leader of an industry effort to reduce greenhouse gas emissions by curbing energy consumption; increasing efficiency of facilities, equipment and business operations; finding substitutes for toxic chemicals in products; cutting waste; and providing food choices that are better for patients and employees as well as the environment. Kaiser Permanente also helped develop standards for greening healthcare.

"This is about health," said Kaiser Permanente's Environmental Stewardship Officer Kathy Gerwig, who is also vice president for workplace safety. "We're doing this because we see a direct connection between reducing greenhouse gas emissions and improving public health."

Kaiser Permanente's sustainability efforts are core to its goals of providing affordable healthcare and enhancing the communities inside and outside their hospital walls, she said.
"Facilities that perform better are better for the community, better for patients and better for employees," said Gerwig.

Kaiser Permanente, which serves 8.6 million members in nine states and the District of Columbia, will extend the solar program within its service area and is exploring other forms of renewal energy including geothermal, wind power, cogeneration and advanced technology fuel cells such as the Bloom Box, Kouletsis said. Kaiser Permanente has a goal of meeting 25 percent if its energy needs through on-site generation by 2020.

"If each of our sites had something, that would be terrific -- that's what we're looking at as an aspirational goal," Kouletsis said.

The organization's real estate portfolio spans 73 million square feet with about 1,100 buildings, including 36 hospitals, 450 medical office buildings, plus ambulatory surgery centers, administration buildings, parking structures and others, he said.

The roots of the company's renewable energy initiative lie in the fact that Kaiser Permanente controls 60 to 70 percent of the property it occupies. "Because we do own and operate so many of our buildings, we have great opportunities to reduce costs for our operations and our members," Kouletsis said. "And with such a big portfolio, we thought that it should speak to who we are, show that Kaiser is serious about public health and [show] what we can do to lessen harmful impacts to the environment and improve communities."

By starting the solar program in California, the initial projects have the benefit of being located in Kaiser Permanente's home state -- the organization is based in Oakland -- and can take advantage of state as well as federal rebates. The largest utility that works with the system, Pacific Gas and Electric Co., also is headquartered in California, and that provides a good opportunity for Kaiser Permanente to showcase how a strong relationship with an energy company is an important component for successful renewable energy projects, Kouletsis said.

The solar program is designed to be cost-neutral for Kaiser Permanente. Project partner Recurrent Energy, based in San Francisco, will own and operate the solar power systems and is eligible for a 30 percent tax credit. Kaiser Permanente will buy the solar power through a power purchase agreement with Recurrent Energy at rates that are less than or equal to those or energy on the grid.

"This is a long-term, ongoing commitment for us," Kouletsis said. "We're already actively starting to look for the next 15 to 20 sites."

Kaiser Permanente's renewable energy initiative dovetails a $36 billion, 12-year plan to expand and renovate more than 150 hospitals and medical office buildings by the close of 2015.  More information about it sustainability efforts is available at www.kp.org/green.

Top Image: A view of the planned 1 MW elevated solar installation atop existing parking garages at the Kaiser Permanente Santa Clara Medical Center. Rendering courtesy of Recurrent Energy.
Inset: The solar installation at the Modesto Medical Center. Courtesy of Kaiser Permanente.

Friday, March 12, 2010

EPA Finalizes Changes to Renewable Fuel Standard Program

Milbank's Renewable Fuel Standard Client Update sheds light on the outlook for biofuels.

Special thanks to Milbank, Tweed, Hadley & McCloy LLP

Introduction

The Environmental Protection Agency (“EPA”) has finalized regulations that update the Renewable Fuel Standard (“RFS”) Program, pursuant to the Energy Independence and Security Act of 2007 (“EISA,” Pub. L. No. 110-140).1 The initial RFS Program (“RFS1”), established by the Energy Policy Act of 2005 (Pub. L. No. 109-58), required a minimum volume of renewable fuel to be blended into gasoline each year.2 The new program (“RFS2”) now applies to all transportation fuel, increases the volume standard and creates new fuel categories and eligibility requirements, including mandatory greenhouse gas (“GHG”) reduction thresholds for select fuels.3


RFS2 expands on the purposes originally set forth by RFS1. By mandating minimum volumes of renewable fuel in the U.S. fuel supply, it is expected that greenhouse gas emissions will decrease, greater independence from imported petroleum will be achieved, and the nation’s renewable fuels sector will grow considerably.4 EPA has projected that by 2022, when the required volume of renewable fuels increases to 36 billion gallons (“bg”), there will be new and expanded markets for agricultural products, like corn and soybeans, and cellulosic feedstock, as well as markets for advanced biofuels and conversion technologies.5

To further encourage growth in the biofuel sector, the U.S. Department of Agriculture is considering increasing funding for companies that want to convert biomass to bio-energy and bio-based products.6 The EPA is also reviewing a Clean Air Act waiver request that, if approved, would permit the ethanol content of gasoline to be increased from10 percent to 15 percent.7 This would allow the market to better absorb the increase in biofuels. Though EPA does not expect to issue a decision until mid-2010, the Agency has indicated the “need” to approve such an increase.8


This all coincides with the expansion and promotion of renewables. As mentioned earlier, the
RFS2 program now applies to all transportation fuel. This includes gasoline and diesel for use in motor vehicles, motor vehicle engines, nonroad vehicles and nonroad engines.9 It also includes marine diesel, heating and jet fuel.10 This means that refiners, except for small refiners that fall into the statutory exclusion, and importers who produce or import such gasoline or diesel fuel within the 48 contiguous states or Hawaii have to comply with the standards set out in RFS2.11 In areas where a U.S. territory opts in, the standards also apply.12 The new regulations set out in this recent final ruling will apply starting on or after July 1, 2010. However, with regards to the volume standards each obligated party must meet, the compliance period runs from January 1, 2010 to December 31, 2010.13



Click here for the full article from the Milbank website.

The following chart details the RFS schedule BEFORE the EPA updates to the program.






Friday, March 5, 2010

Evolution of the California Solar Feed-in Tarriff

State of the California Feed-in Tariff

David Niebauer - Cleantech Blog

A new, innovative feed-in tariff for small-scale solar development is coming to California. Rather than setting a fixed price in an environment in which technology costs appear to be dropping, the California Public Utilities Commission (CPUC) has proposed a market-based approach, allowing developers to bid the lowest prices at which they would be willing to develop projects. This approach focuses on adding capacity to meet California’s aggressive renewable portfolio standard (RPS), and appears to avoid the pitfall of setting a price that is too high or too low. Time will tell if the approach is effective, but the outline of the program released by the CPUC looks promising.

Background

Feed-in tariffs have been employed around the world for a number of years as a policy mechanism designed to encourage the adoption of renewable energy sources. Because non-renewable energy sources (e.g., fossil fuel combustion) cost significantly less to develop in a pure unregulated market environment, renewables require subsidies to make them competitive. Of course, the reason for the disparity is that we already subsidize non-renewable energy development by not assessing the full cost of the resource extraction activities, but that’s a topic for another article.

One approach to the cost disparity problem would be for governments to start taxing non-renewable energy generation, assessing the full cost to society and the environment for those activities. A more politically realistic solution is to provide an incentive to those developing renewable energy resources. The feed-in tariff is an innovative incentive program that is designed to provide a level playing field for renewable energy project development.

A feed-in tariff typically includes three key provisions: 1) guaranteed grid access, 2) long-term contracts for the electricity produced, and 3) purchase prices that are based on the cost of renewable energy generation. Under feed-in tariff regulation, utilities are required to buy renewable electricity from all eligible participants, effectively leveling the market for electricity generation.

Feed-in tariffs have been successfully employed in many countries over the last few years, most notably in Germany and Spain. The goal is described as “grid parity”: the point at which renewable electricity is equal to or cheaper than (non-renewable) grid power.

The California Approach

California regulators, guided by the CPUC, have flirted with a feed-in tariff for a number of years. Standard Offer Contracts for renewable power development were first introduced in California in the early 1980s in response to the state's investor-owned utilities (IOUs) perceived discrimination against small power producers. The CPUC ordered the utilities to offer standardized contracts and to offer one such contract, Standard Offer No.4 (SO4) with fixed prices. By the mid-1980s, private power producers had installed a significant amount of wind capacity in California, much of which is still in service today. Solar technologies had not matured to a level sufficient to take advantage of SO4.

California’s renewable portfolio standard (RPS) implemented in 2002 significantly raised the stakes for solar development. The California RPS program requires electric corporations to increase procurement from eligible renewable energy resources by at least 1% of their retail sales annually, until they reach 20% by 2010. On September 15, 2009, Governor Schwarzenegger signed an Executive Order directing the California Air Resources Board (CARB) to adopt regulations increasing California's Renewable Portfolio Standard (RPS) to 33 percent by 2020. As currently designed, RPS projects tend to be large and located in remote areas with abundant available land, but little transmission access or capacity. These larger projects take several years, at a minimum, to develop, due to the generation and transmission permitting processes, as well as the construction time required.

In early 2008, and as a means to promote smaller scale renewable projects, CPUC adopted a feed-in tariff that directs IOUs to offer a standard contract at the so-called market price referent (MPR) to all renewable technologies up to 1.5 megawatts (MW). However, this program has been generally ineffective because the price is not high enough to attract solar development: the MPR is based on the cost of generating electricity with a combined cycle gas turbine facility.

Renewable Auction Mechanism (RAM)

In August 2009, the CPUC issued a new proposal designed to significantly increase the amount of solar energy installed in the state from smaller producers. It has moved away from using MPR to set the price and instead proposes to implement an innovative bid mechanism. The program would first expand the current feed-in tariff to 10 MW (to cover projects in the 1 – 10 MW size). Rather than setting the price at MPR, the CPUC proposes to allow developers to bid out projects through market-based pricing in what is termed a renewable auction mechanism (RAM). Under this system, developers would bid the lowest prices at which they would be willing to develop renewable energy projects and IOUs would be required to accept eligible projects starting at the lowest bid. As stated in the CPUC proposal: “This mechanism would also allow the state to pay developers a price that is sufficient to bring projects online but that does not provide surplus profits at ratepayers’ expense.”

Solicitations would be staggered for each IOU throughout the year using standard long-term power purchase agreements whose terms would not be negotiable. The program would be capped in each year and IOUs would be required to accept contracts up to the maximum amount of the cap. The program as currently envisioned totals 1 GW over 4 years, although industry observers believe that once implemented it could be easily expanded.

Next Steps

An Administrative Law Judge is currently reviewing certain jurisdictional objections raised by Southern California Edison after the initial CPUC proposal. The issue is whether the state commission can set wholesale prices or whether such an action can only be mandated by the Federal Energy Regulatory Commission (FERC). The RAM approach adopted by the CPUC appears to moot any such jurisdictional challenge. A decision is expected shortly. Once the decision is rendered, the content and mechanism for roll-out of the program will come up for deliberation and vote at an upcoming meeting of the CPUC.

David Niebauer is a corporate and transaction attorney, located in San Francisco, and a founding partner of Energy Counsel Partners, LLP (www.energycounselpartners.com). David’s practice is focused on renewable energy project development and environmental technologies. www.niebauer.net.