Joint Addendum Supporting Intervenor Responses to Motions to Stay Clean Power Plan

1227 Pages·2015·19.19 MB·English

by  Lissa Lynch

USCA Case #15-1363 Document #1587530 Filed: 12/08/2015 Page 1 of 1227
IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
__________________________________________________________________

Case No. 15-1363 and Consolidated Cases

STATE OF WEST VIRGINIA, et al.,
Petitioners
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al.,
Respondents
__________________________________________________________________

JOINT ADDENDUM:
Exhibits in Support of Movant Respondent-Intervenors’ Responses in
Opposition to Motions for Stay

ERIC T. SCHNEIDERMAN Sean H. Donahue
Attorney General of New York Donahue & Goldberg, LLP
BARBARA D. UNDERWOOD 1130 Connecticut Avenue NW, Suite 950
Solicitor General Washington, D.C. 20036
STEVEN C. WU [phone]
Deputy Solicitor General [email protected]
BETHANY A. DAVIS NOLL Counsel for Environmental Defense Fund
KAREN LIN
Assistant Solicitors General Benjamin Longstreth
MICHAEL J. MYERS Natural Resources Defense Council
MORGAN A. COSTELLO 1152 15th Street NW, Suite 300
BRIAN LUSIGNAN Washington, D.C. 20005
Assistant Attorneys General [phone]
Environmental Protection Bureau [email protected]
The Capitol Counsel for Natural Resources Defense Council
Albany, NY 12224
[phone] Joanne Spalding
Sierra Club
85 Second Street, Second Floor
San Francisco, CA 94105
[phone]
[email protected]
December 8, 2015 Counsel for Sierra Club
USCA Case #15-1363 Document #1587530 Filed: 12/08/2015 Page 2 of 1227

KAMALA D. HARRIS Kevin Poloncarz
Attorney General of California Donald L. Ristow
M. ELAINE MECKENSTOCK Paul Hastings LLP
JONATHAN WIENER 55 2nd Street #2400
Deputy Attorneys General San Francisco, CA 94105
California Department of Justice [phone]
1515 Clay Street, 20th Floor [email protected]
Oakland, CA 94612 Counsel for Calpine Corporation, the City of
Austin d/b/a Austin Energy, the City of
MAURA HEALEY Seattle, by and through its City Light
Attorney General of Massachusetts Department, National Grid Generation, LLC,
MELISSA A. HOFFER New York Power Authority, Pacific Gas And
CHRISTOPHE COURCHESNE Electric Company, Sacramento Municipal
Assistant Attorneys General Utility District, and Southern California Edison
Environmental Protection Division Company
One Ashburton Place
Boston, MA 02108

Richard Ayres Lawrence S. Robbins
Jessica Olson Jennifer S. Windom
John Bernetich Daniel N. Lerman
AYRES LAW GROUP LLP Robbins, Russell, Englert, Orseck,
1707 L Street, N.W., Suite 850 Untereiner & Sauber LLP
Washington, D.C. 20036 1801 K Street, N.W., Suite 411
[phone] Washington, D.C. 20006
[email protected] [phone]
[email protected] [email protected]
[email protected] Counsel for Advanced Energy Economy
Counsel for NextEra Energy, Inc. and
Solar Energy Industries Association

Gene Grace
American Wind Energy Association
1501 M St., NW, Ste. 1000
Washington, D.C. 20005
202) 383-2500 Additional Counsel on
[email protected] Respondent-Intervenors’
Counsel for American Wind Responses in Opposition to
Energy Association Motions for Stay
USCA Case #15-1363 Document #1587530 Filed: 12/08/2015 Page 3 of 1227
TABLE OF CONTENTS
Part A – Declarations in Support of State and Municipal Intervenors1
State Environmental Agency Declarations
Edith Chang California Air Resources Board A1
Stuart Clark Washington Department of Ecology A27
Katherine Dykes Connecticut Department of Energy and Environmental Protection A45
Robert Klee Connecticut Department of Energy and Environmental Protection A58
Douglas McVay Rhode Island Department of Environmental Protection A85
Dick Pedersen Oregon Department of Environmental Quality A100
Jared Snyder New York State Department of Environmental Conservation A138
Martin Suuberg Massachusetts Department of Environmental Protection A138
David Thornton Minnesota Pollution Control Agency A143
Craig Wright New Hampshire Department of Environmental Services
State Energy Regulator Declarations
Jason Eisdorfer Oregon Public Utilities Commission A173
Neil Millar California Independent System Operator A183
Edward Randolph California Public Utilities Commission A217
Audrey Zibelman New York State Public Service Commission A228
Municipal Declarations
Suzanne Jones City of Boulder, Colorado A235
Philip Stoddard City of South Miami, Florida A248

Part B – Declarations in Support of Environmental and Public Health Intervenors2
Susan F. Tierney Analysis Group – Energy Policy, Energy Markets, and Regulatory Expert B1
Dallas Burtraw &
Joshua Linn Resources for the Future – Economic Analysis of Near-Term Action B69
Madeleine K. Albright Former Secretary of State – Foreign Affairs B103
Former Chair, Federal Energy Regulatory Commission –
Jon Wellinghoff Electricity System and Reliability B108

1 The States of New York, California (by and through Governor Edmund G. Brown Jr., the California Air Resources
Board, and Attorney General Kamala D. Harris), Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland,
Minnesota (by and through the Minnesota Pollution Control Agency), New Hampshire, New Mexico, Oregon, Rhode
Island, Vermont, Washington, the Commonwealths of Massachusetts and Virginia, the District of Columbia, the Cities
of Boulder, Chicago, New York, Philadelphia, and South Miami, and Broward County, Florida (“State and Municipal
Intervenors”)
2 American Lung Association, Center for Biological Diversity, Clean Air Council, Clean Wisconsin, Conservation Law
Foundation, Environmental Defense Fund, Natural Resources Defense Council, Ohio Environmental Council, Sierra
Club, The West Virginia Highlands Conservancy, the Ohio Valley, Environmental Coalition, Coal River Mountain
Watch, the Kanawha, Forest Coalition, Mon Valley Clean Air Coalition and Keepers of the, Mountains Foundation
(“Environmental and Public Health Intervenors”)
USCA Case #15-1363 Document #1587530 Filed: 12/08/2015 Page 4 of 1227
Consultant & Former Public Service Enterprise Group –
Eric Svenson Electricity Infrastructure and Reliability B131
Institute for Energy Economics and Financial Analysis –
Tom Sanzillo Coal Industry Financial Analysis B157
Institute for Energy Economics and Financial Analysis –
David Schlissel Energy Sector Financial Analysis B178
Former Texas Commission on Environmental Quality & Former
Larry Soward Public Utility Commission of Texas – Texas Planning and Compliance B233
Environmental Defense Fund & Former Texas Natural Resource
John Hall Conservation Commission – Texas Planning and Compliance B253
Pace Energy and Climate Center & Former Public Utility
Karl Rábago Commission of Texas – Texas Planning and Compliance B278
Former Indiana Department of Environmental Management –
Kathryn Watson Indiana Planning and Compliance B290
Former Wisconsin Department of Natural Resources –
George Meyer Wisconsin Planning and Compliance B297
Former Colorado Air Quality Control Commission – Colorado
Barbara Roberts Planning and Compliance B303
Former New Jersey Board of Public Utilities and Department of
Jeanne M. Fox Environmental Protection – New Jersey Planning and Compliance B318
Environmental Defense Fund, Former National Association of
Regulatory Utility Commissioners, Former Iowa Utilities Board –
Diane Munns State Compliance Scenarios Analysis B337
Paul J. Hibbard &
Andrea M. Okie Analysis Group – Historic Carbon Emissions Analysis and Context B404
Michael MacCracken Climate Institute – Climate Science B440
Jonathan I. Levy Boston University School of Public Health – Public Health Impacts B470
Mary Kay Henry Service Employees International Union – Public Health Impacts B485
Fernando Losada National Nurses United – Public Health Impacts B491
David Kolata Citizens Utility Board – Consumer Benefits B496
Jason Price Industrial Economics, Inc. – Employment Impacts B506
Delvan Worley Holy Cross Energy – Rural Cooperative Clean Energy Oppo B526
Tarence Ray Appalachian Voices – Mining Community Impacts B531
Robert Bullard Texas Southern University – Overburdened Community Impacts B536
Mark Magaña GreenLatinos – Overburdened Community Impacts B544
Ron Busby U.S. Black Chambers, Inc. – Business and Economic Opportunities B554
Rev. Sally Bingham Interfaith Power & Light – Faith Community Climate Initiatives B560
USCA Case #15-1363 Document #1587530 Filed: 12/08/2015 Page 5 of 1227
Part C – Declarations in Support of Power Company Intervenors3
James Baggs Seattle City Light C1
J.D. Furstenwerth Calpine Corporation C6
Michael Gianuzio Sacramento Municipal Utility District C24
Joseph T. Kelliher NextEra Energy, Inc. C28
Randall R. LaBauve NextEra Energy, Inc. C38
Melissa Lavinson PG&E Corp. C45
Cheryl Mele Austin Energy C50
Ronald O. Nichols Southern California Edison Company C53
Edward A. Welz New York Power Authority C56

Part D – Declarations in Support of Energy Trade Association Intervenors4
Gabriel Alonso EDP Renewables – Wind Lead Times, Transmission & Reliability D1
Solar Energy Industries Association – Cost-effectiveness of Solar
Justin Baca Generation and Grid Reliability D10
Richard Caperton Opower – Energy Efficiency Cost-effectiveness and Lead Time D18
Geoff Chapin Next Step Living – Energy Efficiency Cost-effectiveness and Lead Time D23
Joseph Condo Invenergy LLC – Wind, Solar, and Gas Cost-effectiveness and Lead Time D30
Richard Counihan Nest Labs, Inc. – Energy Efficiency Cost-effectiveness D37
Gary Demasi Google Inc. – Benefits to Renewable Energy Consumers D46
Solar Energy Industries Association – Cost-effectiveness of Solar
Sean Gallagher Generation, Lead-Time for Construction, and Grid Reliability D52
Former Missouri State Commissioner – Missouri Will Not Suffer
Steve Gaw Harm D64
Greg Geller EnerNOC, Inc. – Demand Response, Energy Efficiency, and Reliability D77
American Wind Energy Association – Overarching Wind Decl. – Wind
Lead Times; Transmission, Reliability, Coal Retirements & Harm to
Michael Goggin Industry from a Stay D87
Part D – Declarations in Support of Energy Trade Association Intervenors, Cont’d
Center for Rural Affairs – Benefits of Renewable Energy to Rural
Johnathan Hladik Communities & Harm from a Stay D164
Todd Horsman Landis+Gyr – Advanced Energy Technologies and Reliability D172
Ronald Lehr Former Colorado State Commissioner – Harm to Colorado from a D180

3 Calpine Corporation, the City of Austin d/b/a Austin Energy, the City of Seattle, by and through its City
Light Department, National Grid Generation, LLC, NextEra Energy, Inc. and Pacific Gas and Electric
Company (collectively, “Power Companies”)
4 Advanced Energy Economy, American Wind Energy Association, and Solar Energy Industries Association
(collectively, “Energy Trade Associations”)
USCA Case #15-1363 Document #1587530 Filed: 12/08/2015 Page 6 of 1227
Stay
Andrea Luecke The Solar Foundation – Employment in the Solar Industry D196
First Solar, Inc. – Grid Reliability and Cost-effectiveness of Solar
Colin Meehan Generation D199
Michael Mendelsohn Solar Energy Industries Association – Investment in Solar Generation D207
Former Oklahoma State Commissioner – Oklahoma Will Not Suffer
Jim Roth Harm from a Stay D215
Jason Simon Enphase Energy, Inc. – Solar Technologies and Reliability D230
Enel Green Power North America, Inc. – Investment in Wind
Michael Storch Generation and Harm from a Stay D235
FirstFuel Software, Inc. – Energy Efficiency Cost-effectiveness and
Austin Whitman Reliability D245
Malcolm Woolf Advanced Energy Economy – Overarching Declaration D252
USCA Case #15-1363 Document #1587530 Filed: 12/08/2015 Page 7 of 1227
IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
__________________________________________________________________

Case No. 15-1363 and Consolidated Cases

STATE OF WEST VIRGINIA, et al.,
Petitioners
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al.,
Respondents
__________________________________________________________________

JOINT ADDENDUM:
Exhibits in Support of Movant Respondent-Intervenors’ Responses in
Opposition to Motions for Stay

Part A
Declarations in Support of
State and Municipal Intervenors
USCA Case #15-1363 Document #1587530 Filed: 12/08/2015 Page 8 of 1227
IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
State of West Virginia, et al., Case No. 15-1363 (and
consolidated cases)
Petitioners,
v.
United States Environmental
Protection Agency, et al.,
Respondents.
DECLARATION OF EDITH CHANG,
DEPUTY EXECUTIVE OFFICER OF THE CALIFORNIA AIR
RESOURCES BOARD
I, Edith Chang, declare:
1. I am a Deputy Executive Officer of the California Air Resources Board
(ARB), which is the agency charged with implementation of the federal Clean
Power Plan in the state of California. I hold a B.S. in Mechanical Engineering
from the University of California, Berkeley, and an M.S. in Mechanical
Engineering from the University of California, Irvine and am a registered
Mechanical Engineer in the State of California. I have more than twenty years of
experience at ARB, and have worked on a wide variety of projects, including
1

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USCA Case #15-1363 Document #1587530 Filed: 12/08/2015 Page 9 of 1227
implementation of ARB’s zero-emission vehicle program, preparation of State
Implementation Plans, and diesel incentive programs. My current responsibilities
include overseeing ARB’s Cap-and-Trade program, and our Clean Power Plan
compliance strategy. This Declaration is based upon my experience managing
Clean Air Act programs for California.
2. The purposes of this declaration are to: (i) discuss the serious harms that
climate change caused, in part, by power sector emissions, is causing and will
continue to cause to California unless those emissions are reduced, (ii) demonstrate
California’s need for greenhouse gas emissions reductions from the power sector;
(iii) describe California’s success in reducing these and other emissions through
state planning, and to compare those planning efforts with the Clean Power Plan’s
requirements for state compliance plans; and (iv) explain the ways in which
California’s regulatory efforts will benefit from continued implementation of the
Clean Power Plan and the denial of a stay.
I. Climate Change Threatens California, Requiring Immediate Greenhouse
Gas Pollution Reductions
3. ARB and the state of California are committed to reducing greenhouse gas
emissions in all sectors because climate change poses a pressing threat to public
health and prosperity in our state, as well as throughout the world. California’s
2

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USCA Case #15-1363 Document #1587530 Filed: 12/08/2015 Page 10 of 1227
Office of Environmental Health and Hazards Assessment, for instance, has
concluded that climate change is having increasingly negative effects on our state.1
These effects include:
•A marked increase in extremely hot weather, resulting in increased deaths
associated with heat waves. Hotter weather, including increases in extremely
hot days, also contributes to ground-level ozone (or “smog”) formation, which
is linked to asthma, heart attacks, and pulmonary problems, especially in
children and the elderly. Smog also reduces visibility, damages crops, and
harms wildlife.
• Severe drought and the continuing collapse of the Sierra Nevada snowpack,
which is a critical water supply source for California. Indeed, researchers have
recently reported that the snowpack recently hit a 500-year low.2 The drought
has already been linked to climate change,3 and the long-term trend for the

1 See California Office of Environmental Health and Hazards Assessment,
Indicators of Climate Change in California (2013), available at:
http://oehha.ca.gov/multimedia/epic/pdf/ClimateChangeIndicatorsReport2013.pdf
2 See Monte Morran, “Sierra Nevada Snowpack Is Much Worse Than Thought: A
500-Year Low,” Los Angeles Times, (Sept. 14, 2015), available at:
http://www.latimes.com/science/sciencenow/la-sci-sn-snowpack-20150911-
story.html
3 See Justin Gillis, “California Drought is Made Worse by Global Warming,
Scientists Say,” New York Times (“Global warming caused by human emissions
has most likely intensified the drought in California by 15 to 20 percent, scientists
said …. The odds of California suffering droughts at the far end of the scale, like
the current one that began in 2012, have roughly doubled over the past century,
3

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