BCSE Comments for EPA Public Hearing on Proposed Clean Power Plan 

July 30, 2014 

Thank you for the opportunity to participate in this public hearing on the Environmental 

Protection Agency's proposed Clean Power Plan for regulating carbon dioxide emissions from 

existing power plant sources. My name is Zoe Berkery and I am Manager of Federal Policy with 

the Business Council for Sustainable Energy. 

The Business Council for Sustainable Energy is a coalition of companies and trade associations 

from the energy efficiency, renewable energy and ~atural gas sectors, and also includes 

independent electric power producers and investor-owned utilities. 

Founded in 1992, the Council advocates for policies at the state, national and international 

levels that increase the use of commercially-available clean energy technologies, products and 

services. The coalition's diverse business membership is united around the revitalization ofthe 

economy and the creation of a secure and sustainable energy future for America. 

Prior to the release of the proposed Clean Power Plan, BCSE has actively engaged with the EPA 

on the development ofthe regulation, including providing written comments in December 

2013. 

BCSE applauds the EPA's release of the proposed Clean Power Plan. It demonstratesthat the 

United States is prepared to take meaningful steps to address climate change. Decisions made 

in corporate boardrooms and on Main Streets across the United States provide confidence that 

the business sector has never been better prepared than we are today to step up to the 

challenge of climate change and meet emissions reduction targets. 

The mix of energy supply is changing rapidly, with low-carbon sources gaining market share. At 

the same time, energy consumption is down, despite overall economic growth. This means that 

implementing the new limits on greenhouse gas emissions could be easier than some have 

suggested. 

According to the Sustainable Energy in America Factbook from Bloomberg New Energy Finance 

and BCSE, the use of lower and zero carbon energy sources has grown. Natural gas production 

and consumption hit an all-time high in 2013, and 94% of all new electric power capacity built in 

the U.S. since 1997 has come in the form of natural gas plants or renewable energy 

facilities. Thus the use of these viable and affordable clean energy technologies in the energy 

efficiency, renewable energy and natural gas sectors offer commercially-available options to 

reduce emissions. 
The Council would like to thank the EPA for using output-based metrics in establishing the 

standard and for adopting a system-wide approach to compliance, which will allow renewable 

energy, natural gas and energy efficiency to play a role in helping states meet their emission 

reduction targets. 

BCSE strongly supports the inclusion of state flexibility in the proposed rule. States have the 

freedom to craft their own compliance pathway to meet their state target, which is critical for 

cost-effective compliance. 

However, there are a number of areas in the proposed rule that the BCSE seeks further 

clarification. For example: 

e How will interstate energy imports and exports count towards meeting a state's target? -In 

previous discussions with EPA officials, it has been indicated that the entity responsible for 

the investment should get the credit, but BCSE members seek clarity on this point in the 

final rule. Related to this, BCSE members also seek clarity on how to account for the sale or 

purchase of Renewable Energy Credits (RECs). 

Secondly, 

• Do states have a disincentive to act before the start of the compliance period in 2020? Or 

between 2020-2029, the interim compliance period?- BCSE is concerned that the proposed 

Clean Power Plan as currently formulated might provide a disincentive for energy efficiency 

and renewable energy investments prior to 2020. 

Additionally, 

e~ BCSE is pleased to see demand side energy efficiency listed as a compliance mechanism, 

however, BCSE plans to comment on the need for further information on Evaluation, 

Measurement and Verification (EM&V) on how these efforts will be adequately credited. 

Guidance for EM&V for renewables has been requested as well. 

Finally, 

e~ Another issue identified has to do with private sector or non-utility-ratepayer delivered 

efficiency- Energy efficiency programs, or those run by utilities, are provided with 

methodological guidance under the rule. However, energy efficiency projects, or those 

done under Energy Savings Performance Contracts (ESPCs), or building projects a city does 

in support of its local goals, need additional guidance .. 

BCSE views the proposed Clean Power Plan as a historic opportunity to build upon current 

trends in the US energy sectors and diversify the nation's energy portfolio. This will lead to 

increased energy security, job creation and a stronger economy. The economic opportunities 

for states and industry alike are significant and BCSE looks forward to working with you to 

refine the rule and move forward in this process.