ARTICLE
20 December 2024

Give The People What They Want (And What They Want Are More And More Clean Electrons)

FH
Foley Hoag LLP

Contributor

Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
As we put this post-election issue of Climate Law Matters together, my colleagues and I noticed an interesting common thread in our reflections: without minimizing the impact a negative turn to federal policy could have...
United States Energy and Natural Resources

As we put this post-election issue of Climate Law Matters together, my colleagues and I noticed an interesting common thread in our reflections: without minimizing the impact a negative turn to federal policy could have on many fronts in the fight against climate change, we share the belief that the data tells us something profound about the future of renewable energy that the results of the election might not indicate. In short, renewable energy is not a trend but a robust industry that cuts across all sectors of the economy, benefits our citizens without regard to party, and is an irreplaceable component of reversing climate change and creating the next wave of national and global growth and prosperity. Clean energy provided more than half of our energy jobs in 2023 – a rate of job creation more than double any other sector of the economy. In the two years since the enactment of the Inflation Reduction Act, total clean energy and technology investment grew by 76% over the two years prior to the IRA. Not only has investment in clean energy generation risen by 26% between 2023 and 2024, but manufacturing serving the clean energy and ClimateTech space (which indicates a significantly embedded economic commitment) increased by 86%, led by batteries (which doubled between 1H23 and 1H24) and solar and wind component manufacturing (up 709% and 434%, respectively, from their modest pre-IRA baseline).

But perhaps the most potent force driving the continued momentum in the clean energy economy, and particularly the renewable power sector, is the marked uptick in electricity demand nationwide. After roughly two decades of flat or declining electricity demand, the United States is projected to enter a sustained period of electric load growth in the coming years.

Wood Mackenzie, a provider of data and analytics solutions for the energy sector, released a report in October called Gridlock, predicting that electricity demand would grow ~3% per year over the next decade, equating to approximately 75 - 80 Gigawatts (GWs) of new power needs in the U.S. over the next five years. "In most industries, demand growth of 2-3% per year would be easily managed and welcomed," the report states. "In the power sector, however, new infrastructure planning takes 5 to 10 years, and the industry is only now starting to plan for growth." Indeed, an environment of demand expansion will be unfamiliar to most public utility commissions and incumbent utilities. This type of rapid rise in electricity demand has not been seen in the United States since the 1940s, amidst the country's World War II mobilization efforts. Moreover, the growth phase we are entering reverses a decades-long growth trend in GDP outstripping electricity growth, a reversal that has left most electricity system planners flat-footed. Fortunately, the inherent nimbleness and speed of the renewable energy industry position us to absorb a substantial portion of increased demand while traditional energy systems are slow to pivot.

In a report released just this month, the consultancy Grid Strategies makes an even bolder prediction for growth in U.S. electricity demand: based on analysis of regional power planners' filings with the Federal Energy Regulatory Commission, their analysts estimate growth of around 16% by 2029 marked especially by what the report describes as "shocking" peak demand forecasts. "Over the past two years, the 5-year load growth forecast has increased by almost a factor of five, from 23 GW to 128 GW," Grid Strategies reports.

Driving the surge in demand in the U.S. is a vast array of proposed and in-construction data centers being assembled by large technology companies to serve the rapacious consumption of artificial intelligence. Estimates of expected electricity requirements for proposed data centers alone vary widely, ranging from 25 GWs to 100 GWs, with Wood Mackenzie landing at a prediction of 50 new GW needed over the next five years. Add this to the electricity consumption by cryptocurrency platforms and other tech usage at all levels of the economy, the requirements of a resurgent manufacturing sector and the electrification of transportation, and increasing market and regulatory pressure to clean up the production of electricity, as well as industrial hydrogen, and the need for renewable energy and other generation growth may be far higher than what we can currently project.

Meeting this explosion of electricity demand presents an array of challenges and opportunities for system planners, renewable energy developers and advocates, and our economy and climate in general. Experts from all corners of the energy industry are racing to do the math and create the efficient systems necessary to manage this watershed transition. For now, a few reflections:

  • As we have explored at length in these pages and many others have noted, our grid and transmission infrastructure need a substantial overhaul to interconnect new generation resources (of all types) as they are developed and to deliver electricity to where it's most needed. These challenges are no less daunting than they were before the recent A.I.-driven surge in electricity demand (when primarily clean energy and climate advocates were focused on the issue), but given the economic urgency now being felt by major stakeholders, we may see real political will at local, state and federal levels to allocate resources and solve persistent policy challenges necessary to truly modernize and build out our grid. Will we finally see a step-in by FERC to take control of the grid nationwide? We are all staying tuned.
  • Grid-related headwinds are also spurring deployment of new grid-enhancing technologies such as battery storage, which, while they have been greeted with tepid enthusiasm from grid operators, are becoming an unavoidable necessity.
  • A related concern is what new sources of electricity generation can rise to the challenge of this surging demand and whether new deployments will reverse the trend towards zero or low carbon generation. Although we have seen a slew of announcements by large tech companies about their investments or commitments to new nuclear projects or technologies, and SMRs and renovation of existing large reactors can help solve for increased low-carbon power, the sluggishness of nuclear deployment is out of sync with booming power demand in the near term. And despite the dizzying pace of renewables deployments over the past years (some of which are already built in for the years ahead), it seems unlikely that renewables alone could fully meet the expected rising demand through the end of the decade, even if the projects were being deployed in the right places and the right hours (which current policy does not always properly incentivize). Climate advocates must prioritize generation, transmission and control solutions that can intercept what will be a natural tendency to default to fossil fuel generation.

Ultimately, while renewable energy advocates have been quite worried in the wake of the election that President-Elect Trump and a Republican-controlled Congress could weaken the policy support for renewables that has helped drive so much growth over the past few years, the focus on "energy dominance" and the need for "ALL forms of American energy" suggests that, while our climate goals may recede to the background, the thirst for power (in the form of electricity) will not only persist but grow, and may continue to drive renewables deployment – and maintain the accompanying climate benefits – in the years ahead.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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