Official publications of the Trump campaign and transition team propose significant changes in energy policies.   The principal focus of the proposed policy changes addresses energy independence and job creation through greater production of fossil fuel resources.  But apart from pronouncements to “scrap … the Clean Power Plan” there is little to glean from the official publications regarding the incoming administration’s plans to address the much needed transformation of the Nation’s electricity system.

Additional insights about potential Trump administration policies affecting the electric power sector can be gleaned from assorted comments by the President-elect and transition team officials. Since the election, they have signaled possible policy initiatives to scrutinize wind energy subsidies and bird kill impacts, promote nuclear energy and lift restrictions on “clean coal”.  But these hints at policy direction, coupled with an intention to move away from the Clean Power Plan, still leave the electric power industry awash in uncertainty regarding future federal policies to modernize and increase the efficiency, resiliency and security of the Nation’s power grid.

Meanwhile the corporate sector continues to demand federal policies to promote American prosperity through clean energy transformation and is focused on locating business operations in states that facilitate corporate procurement of clean energy.  Independent of clean energy and climate change considerations, the leading trade association of the electric utility industry is highly focused on grid modernization through efforts to redesign and transform the use and operation of the grid to integrate distributed energy resources, replace distribution lines and deploy new technologies and systems that will enhance reliability, resiliency and efficiency.    

Against this backdrop, on January 6, 2017 the Department of Energy’s Office of Energy Policy and Systems Analysis issued the second installment of the Quadrennial Energy Review (QER), a 494-page interagency opus packed with detailed graphs, data and analyses of trends and issues confronting the Nation’s electricity sector between now and 2040.  It purports to examine “the entire electric industry supply chain from generation to end use” and features 76 specific policy recommendations designed “to protect and enhance the value of the electricity system through modernization and transformation.”  The document builds on the first installment of the QER that was issued in April 2015.  It acknowledged (in only 348 pages) the challenges facing the Nation from a changing energy and business landscape, the status of energy transmission, storage and distribution (TS&D) infrastructure and the need for policy direction to promote grid modernization.

The 76 policy recommendations in the QER’s second installment address six overarching or crosscutting policy objectives that should be reflected in grid modernization:

  • protect the electricity system as a national security asset;
  • maximize economic value and consumer equity;
  • enable a clean energy future;
  • ensure electricity system reliability, security and resilience;
  • assure availability of properly trained and sized workforce to meet the changing needs of the system; and
  • target opportunities to enhance cross-border electricity integration in North America.

To illustrate that “the electricity sector is a complex system of overlapping interests, investments and impacts that affect industry, businesses, consumers, and communities,” the second installment of the QER repeatedly uses the following graphical depiction of the system and related policy goals:

electricity_system_of_the_21st_century

The QER also takes care to detail how the Nation’s power grid is comprised of an immensely complex system-of-systems, including generation, transmission, and distribution subsystems that are owned, planned, operated, managed and maintained by myriad institutions. This complexity is further magnified at the policy level by the different roles played by scores of federal, state, local and tribal government agencies that have jurisdiction over pieces of the system.

Given the vast magnitude and complexity of the subject matter, neither installment of the QER is a page turner. Even the 24-page “Summary for Policy Makers” in the second installment is dense and demands concerted attention to comprehend the critical technological, economic, national security and environmental issues and policy choices that confront the Nation’s electricity system.

To address these demands, there is no simple fix or single panacea policy that can fit into a tweet. As the Trump team transitions from campaign mode to assume the hard work of governing, the new administration will need to flesh out its heretofore abbreviated and incomplete policy hints for the power sector.  Most of the recommendations in the QER would implement policies to promote quintessentially American values of efficiency, innovation and liberty in the electricity system. As such the new administration may well appreciate the QER as a rich resource of data, analyses and recommendations assembled through the coordinated efforts of 22 federal agencies under the direction of President Obama with the intention of providing a comprehensive and integrated roadmap to achieve apolitical grid modernization objectives in service of the Nation.

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Photo of W. Andrew Jack W. Andrew Jack

Andy Jack is a broad gauge corporate and securities lawyer who leads multidisciplinary teams to help clients achieve complex business objectives and solve complex business problems.

Andy often serves in outside general counsel or senior strategist roles working closely on strategic matters with…

Andy Jack is a broad gauge corporate and securities lawyer who leads multidisciplinary teams to help clients achieve complex business objectives and solve complex business problems.

Andy often serves in outside general counsel or senior strategist roles working closely on strategic matters with C-suites and boards. His practice spans mergers and acquisitions, strategic alliances and joint ventures, venture capital, capital markets, securities compliance, corporate governance counseling, crisis management and dispute settlements.

With deep experience in the energy, diversified industrials, transportation, technology, sports and hospitality industries, much of Andy’s recent transactional and advisory work focuses on issues arising from global sustainability trends and ESG considerations, including the energy transition, vehicle electrification and advanced mobility.

Some examples of this trending work include:

  • Energy
    • Structuring and negotiating joint ventures to produce sustainable aviation fuels and to develop and deploy shared resources to respond to offshore well blowouts.
    • Advising on a carbon capture project funded by the U.S. Department of Energy.
    • M&A, finance, capital raising and commercial projects for solar PV panel suppliers.
    • Representing corporate offtakers in virtual power purchase agreements to procure renewable energy in support of wind and solar power projects.
    • Advising on U.S. public policy matters affecting the energy transition.
  • Vehicle Electrification and Advanced Mobility
    • A capital markets transaction for an industry leader in advanced mobility.
    • Multiple venture capital financing rounds for an electric truck manufacturer.
    • Joint venture restructuring and M&A transactions for EV battery manufacturers.
    • Collaboration agreements among vehicle electrification technology providers and OEMs.
    • M&A of advanced vehicle components suppliers and engineering service providers.
  • Other industries
    • Advising on board governance structures to address ESG and Sustainability oversight.
    • Assisting clients in developing voluntary sustainability reports and improving SEC reports and proxy statements to address these topics.
    • Responding to shareholder proposals on various ESG issues.

Andy co-chairs the firm’s multidisciplinary global Energy Industry Group and multidisciplinary Sustainability Solutions Initiative. He also serves as pro bono outside general counsel to the American Council on Renewable Energy and as a member of the World Resources Institute Global Leadership Council. With this background and experience, Andy frequently speaks at industry conferences and publishes on these topics. He also serves as an editor of the firm’s Inside Energy & Environment blog

He is Chambers-ranked in Corporate M&A & Private Equity, where clients report that Andy “gives practical advice with commercially reasonable solutions to problems.” He also has been ranked in Legal 500, both for Energy – Renewable/Alternative and Mergers & Acquisitions.