By: James T. B. Tripp, EDF Senior Counsel
America’s electricity industry – the single largest source of carbon pollution in the U.S. – is at the heart of some of the world’s biggest environmental challenges, especially climate change. Given this connection, you would think an agency called the Federal Energy Regulatory Commission (FERC) would take into account the major environmental consequences of its policies, which fundamentally shape the U.S. power industry. Sadly, you would be wrong.
FERC is charged by law with ensuring wholesale rates and other critical aspects of the electricity industry, such as transmission practices, are “just and reasonable.” Yet FERC’s official policy is to exclude environmental considerations from its regulation of the industry. Why? FERC’s reasoning is based on a combination of questionable statutory interpretation and an approach to energy regulation that is stuck in the past. In fact, FERC’s statutory mandate over wholesale electricity sales and transmission dates back to the 1930s, long before scientists discovered climate change. Read More