UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

OFFICE OF 

AIR AND RADIATION 

MEMORANDUM 

Subject: 

From: 

To: 

Summary of Stakeholder Meetings 

Carissa Cyran 

Dockets EPA-HQ-OAR-20 13-0602, EPA-HQ-OAR-20 13-0603, and EPA-HQOAR-20 13-0495 

This memorandum summarizes meetings with stakeholders during the week of April 20, 2015. 

On April 20, Administrator Gina McCarthy spoke with Lynn Good of Duke Energy. 

On April 20, Associate Assistant Administrator for Climate and Senior Counsel for Air and 

Radiation Joseph GotTman met with representatives from North American Electric Reliability 

Corporation. List of attendees attached. 

On April 21. Administrator Gina McCarthy spoke with Dan Lashof of NextGen Climate 

America. 

On April 21 , Administrator Gina McCarthy, Acting Assistant Administrator for Air and 

Radiation Janet McCabe, and Associate Assistant Administrator for Climate and Senior Counsel 

for Air and Radiation Joseph Goffman met with representatives from environmental groups, 

including Friends of the Earth, American Rivers, Clean Water Action. Environment America, 

League of Conservation Voters, National Wildlife Federation, Natural Resources Defense 

Council, Union ofConcerned Scientists. U.S. Cl imate Action Network. Environmental Defense 

Fund, Siena Club, and Earthjustice. 

On April 21, Associate Assistant Administrator for Climate and Senior Counsel for Air and 

Radiation Joseph Goffman met with representatives from the Midwest Power Sector 

Collaborative. Sign-in sheet and handout are attached. 

On April 21 , Associate Assistant Administrator for Climate and Senior Counsel for Air and 

Radiation Joseph Goffman met with representatives from Newmont Mining Corporation. List of 

attendees attached. 

On April 21 , Acting Assistant Administrator for Air and Radiation Janet McCabe and Associate 

Assistant Administrator for Climate and Senior Counsel for Air and Radiation Joseph Goffman 

met with Van Jones. Sign-in sheet attached. 

Internet Address (URL) · http //www epa gov 

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On April 23, Associate Assistant Administrator for Climate and Senior Counsel for Air and 

Radiation Joseph Goffman met with Jeanette Pablo of PNM Resources. 

On April 24, Acting Assistant Administrator for Air and Radiation Janet McCabe met with 

representatives from the Department of Energy and Climate Change of the United Kingdom. 

Sign-in sheet attached. 
Date: April 20, 20 15 

Meeting: Meeting with representatives from North American Electric Reliabi lity 

Corporation 

Rule(s) Discussed: CPP 

Written Material: No 

Name Title and Organization 

Mark Lauby Senior Vice President and Chief Reli ability Officer, NERC 

Janet Sena Senior Vice President and Director of Policy and External Affairs, NERC 

Thomas Burgess Vice President and Director. Reliability Assessment and Perforn1ance 

Analysis. NERC 

John Moura 

Thomas Coleman 

Fritz Hirst 

Linda Stuntz 

Joe Goffman 

Harvey Reid 

Peter Tsirigotis 

Kevin Culligan 

Ellen Kurlansky 

Director. Reliability Assessment, ERC 

Director, Reliability Assessment, NERC 

Director, Legislative & Regulatory Affairs, NERC 

Consultant, NERC 

EPA 

EPA 

EPA 

EPA 

EPA 

Mikhail Adamantiadcs EPA 

William Meroney EPA 

Jeb Stenhouse EPA 

Aileen Roder EPA 
Date: April 21, 2015 

Meeting: Midwest Power· Sector Collaborative Meeting 

Rule(s) Discussed: ( ff (d) 

Written Materials?Q!No 

Name Organi za tio n Phone Number 

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MIDWESTERN POWER SECTOR COLLABORATIVE 

Enabling Interstate Trading under the Clean Power Plan 

April13, 2015 

Participants in the Midwestern Power Sector Collaborative (MPSC) request that EPA clearly provide in the final 

rule that states may adopt state plans that readily and flexibly allow for opt-in interstate trading without the 

need for formal agreements between states, so long as minimum compatibility requirements are met. Where 

minimum compatibility requirements are met, a state with an approved plan should be permitted to allow the 

use of allowances or credits from another state at any time, without getting additional EPA approval. 

The MPSC consists of state officials, investor-owned utilities, generation and transmission cooperatives, 

merchant generators, public power producers and environmental organizations from the Midwest or with a 

significant Midwestern presence (participant list attached). MPSC participants are exploring various potential 

policy pathways for state implementation of the anticipated final EPA rule to reduce carbon emissions from 

existing power plants under Section 111(d) of the Clean Air Act (dubbed the Clean Power Plan). 

The specific recommendations submitted below elaborate on comments filed by t he MPSC on December 1, 

2014 with EPA, specifically Section 2.6.1 ofthose comments. We note that t he request is also consistent with 

the written comments filed by the M idcontinent States Environmental and Energy Regulators (MSEER) in a 

letter to EPA dated November 21, 2014. For your convenience, we attach bot h the MPSC comments and the 

MSEER letter to this request. 

Recommended Minimum Compatibility Requirements 

Approaches to interstate trading wit hout formal agreements allowed by EPA should conform to the following 

minimum compatibility requirements for mass-based and rate-based interstate trading: 

Mass-Based Interstate Trading. EPA should approve a mass-based state plan that allows the owners and 

operators of affected units to use allowed tons from any and all other states with a mass-based state plan 

meeting the following minimum compatibility conditions: 

• The state's emissions budget has been approved by EPA, consistent wit h its individual state goal as 

translated into a mass-based state budget. 

• The state's mass-based trading program requires affected EGUs to surrender allowances in an amount 

equal to their total emissions during the compliance period, the program includes measures to assure 

compliance, and the total number of allowances issued by the state does not exceed the state's emissions 

budget. 

• Program features such as price caps, cost-containment reserves, banking or borrowing should not 

disqualify a state from participating in interstate trading, so long as these program features do not result in 

any state involved in trading issuing more allowances than allowed by its EPA-approved emissions budget, 

and all emissions are covered by allowances. 

1 
EPA should provide the necessary allowance tracking system to track allowances from states that decide to 

allow owners and operators of affected units to use allowances from other states. Stat e may then use such a 

system, so long as appropriate rules are in place governing the transfer of allowances. EPA should also allow 

states to use their own EPA-approved tracking systems, provided that credit transfers between tracking 

systems can be handled with integrity. 

EPA should clarify that no formal agreement, memorandum of understanding or multistate plan should be 

required for a state meeting these minimum compatibi lity requirements to accept t he allowances from 

another state meeting t hese same minimum compatibility requirements. EPA should specifically recognize 

that some states will have emissions that exceed their budgets, while others wi ll have emissions below their 

budgets, but the sum of the emissions from participating states will not exceed the sum of the total allowed 

emissions. 

Rate-Based Interstate Trading. So long as the carbon emissions outcome of trading is not less stringent than 

implementing individual state goals separately without trading, EPA should approve a rate-based state plan 

that allows the owners and operators of affected units to use credits from any other state with a rate-based 

state plan meeting the following minimum compatibility conditions: 

• The state's rate-based trading program will achieve the EPA-prescribed emissions rate goal with 

certainty. 

• The state has opted to use the same unit of trade, whether tons of carbon dioxide or megawatt hours 

of generation or energy saved. 

• Program features, such as the mechanism for crediting energy efficiency, renewables and other 

creditable activities, have integrity. 

EPA should provide the necessary credit tracking system to track credits from states that decide to allow 

owners and operators of affected units to use credits from other states. States may then use such a system, so 

long as appropriate rules are in place governing the transfer of credits. EPA should also allow states to use 

their own tracking systems, provided that credit transfers between tracking systems can be handled with 

integrity. 

2 
Midwestern Power Sector Collaborative Participants, Observers and Staff 

State Regulators 

• Lisa Bonnett, Director, Illinois Environmental Protection Agency 

• Vince Hellwig, Senior Policy Adviser, Michigan Department of Environmental Quality 

• Robert Kenney, Chairman, Missouri Public Service Commission (observer) 

• John Lyons, Assistant Secretary for Climate Policy, Kentucky Energy and Environment Cabinet (observer) 

• Bart Sponseller, Director, Air Bureau, Wisconsin Department of Natural Resources (observer) 

• David Thornton, Associate Commissioner, Minnesota Pollution Control Agency 

• Nicholas Evans, Public Utilities Engineer, Michigan Public Service Commission 

Regulated Utilities 

• Scott Blankman, Director of Energy Markets & Environmental Services, and Michele Pluta, Lead Environmental 

Specialist, Alliant Energy Corporation (observer) 

• Linda Hilbert, Manager, Environmental Services, Consumers Energy 

• Jack I hie, Director of Environmental Policy & Nicholas Martin, Manager, Environmental Policy, Xcel Energy 

• Kris McKinney, Manager, Environmental Policy, We Energies (observer) 

• Greg Ryan, Senior Technology Specialist, DTE Energy, Inc. 

• Cathy Woollums, Senior Vice President, Environmental Services and Chief Environmental Counsel, Berkshire 

Hathaway Energy on behalf of Mid-American Energy 

Generation and Transmission Cooperatives 

• Bob Ambrose, Director, Governmental Affairs & Mary Jo Roth, Manager, Environmental Services, Great River Energy 

• Don Huff, Director of Environmental Affairs & Nathan Franklin, Government Relations, Dairyland Power Cooperative 

(observer) 

• Steve Tomac, Senior Legislative Representative, Basin Electric Power Cooperative (observer) 

• Brian Warner, Vice President, Environmental Strategy, Wolverine Power Cooperative 

Merchant Power Provider 

• Shawn Konary, Environmental Director, NRG (parent company of Midwest Generation) & Maria Race, Director of 

Asset Management, NRG 

Municipal Joint Action Agency 

• Andy Kellen, Vice President, Power Supply Resources, WPPI Energy 

Environmental Organizations 

• Nathaniel Baer, Energy Program Director, Iowa Environmental Council 

• Nicholas Bianco, Director of Regulatory Analysis and Strategic Partnerships, Environmental Defense Fund 

• Mike Bull, Director of Policy and Communications, Center for Energy and Environment 

• Trent Dougherty, Managing Director, Legal Affairs, Ohio Environmental Council 

• Steve Frenkel, Midwest Director, Union of Concerned Scientists 

• Charles Griffith, Climate & Energy Program Director, The Ecology Center 

• Keith Reopelle, Senior Policy Director, Clean Wisconsin 

• Conrad Schneider, Advocacy Director, and Jonathan Banks, Sr. Climate Policy Adviser, Clean Air Task Force 

Staff 

• Brad Crabtree, Vice President, Fossil Energy, Great Plains Institute 

• Franz Litz, Program Consultant, Great Plains Institute 

• Doug Scott, Vice President, Strategic Initiat ives, Great Plains Institute 

3 
Date: Aprii 2 L 2015 

Meeting: Meeting with representatives from ewmont Mining Corporation 

Rule(s) Discussed: CPP 

Written Material: No 

Name Organization 

Gavin Jangard Newmont Mining Corporation 

Dennis Laybourn Newmont Mining Corporation 

Mary Beth Donnelly Newmont Mining Corporation 

Emily Schilling Holland & Hart LLP 

Joe Goffman EPA 

Sarah Dunham EPA 

Harvey Reid EPA 

Peter Tsirigotis EPA 

Kevin Culligan EPA 
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