Federal Legislation

Federal policy issues


Affordable Clean Energy (ACE) Rule

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  • The Environmental Protection Agency (EPA) recently released its proposed rule to replace the 2015 Clean Power Plan and regulate carbon dioxide emissions from coal-based power plants.
  • Upon initial review, the Affordable Clean Energy Rule represents a flexible, inside-the-fence regulation that's based on adequately-demonstrated technology, and is consistent with EPA's authority under the Clean Air Act.

New Source Review/H.R. 3128

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  • New Source Review (NSR) has served as a barrier to implementing common sense energy efficiency and other improvements to power generation facilities due to EPA interpretation of the statute and judicial abuse.
  • Basin Electric supports legislation introduced by Rep. Morgan Griffith (R-Virginia) to clarify the Clean Air Act and ensure that projects meant to reduce emissions do not trigger New Source Review.

Public Utility Regulatory Policies Act Reform/S. 2776/H.R. 4476

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  • Public Utilities Regulatory Policies Act (PURPA) requires utilities to purchase electricity from small electric generators with a capacity of 20 megawatts or less.
  • Since Basin Electric and many other utilities have voluntarily moved forward with development of renewable energy resources, this provision is no longer necessary.
  • Basin Electric supports PURPA reform and a repeal of the mandatory purchase requirement.

USEIT Act/S. 2602

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  • Consider cosponsoring the Utilizing Significant Emissions with Innovative Technologies (USEIT) Act.
  • Bipartisan legislation introduced by Sen. John Barrasso (R-Wyoming) to incentivize carbon capture technology development and deployment.
  • Would support technology centers such as the Integrated Test Center at Basin Electric's Dry Fork Station.

Beneficial Coal Tax Legislation

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  • Basin Electric appreciates the efforts last year that resulted in the first far-reaching tax reform in several decades.
  • As Congress considers additional tax legislation, there are several bills that would provide additional support for existing and future coal-based power generation.
  • Basin Electric requests that Congress consider these pieces of legislation in any efforts to enact additional tax reform.

Grid Resiliency

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  • Basin Electric has long acknowledged the challenges faced by its coal and natural gas generation from low wholesale market prices, and supports efforts to develop equitable market rules and pricing for all generation types.
  • Any new market pricing rules or other support must be done carefully to ensure generation is adequately compensated without unintended consequences of raising net costs or exacerbating oversupply in the market.

Allam Cycle

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  • Basin Electric, along with federal, state, and private industry partners, has completed initial studies on next-generation Allam Cycle technology to allow for future coal-based generation with near zero emissions.
  • Continued support from the Department of Energy is essential to develop and demonstrate this technology.

Federal legislation