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Green Elephant Line Media Backgrounder

Will Congress Take Charge of Climate Issue, or Let Bureaucrats, Courts Decide?

September 28, 2009

Last week, it was Pacific Gas & Electric of California, followed quickly by PNM Resources of New Mexico.

Today, Exelon Energy, which serves four big industrial states in the Midwest and Northeast, joined the parade of large utilities bailing out of the U.S. Chamber of Commerce.

PG&E, PNM, and Exelon strongly support passing legislation to limit carbon pollution. Fed up with the U.S. chamber's hell-no stance against passing climate legislation, they took a walk from an organization that has let obstructionists call the shots.

Congress must put a price on carbon emissions in order to drive investments in low-carbon energy. Utilities like PG&E, PNM, and Exelon would rather figure out how to make money off cleaner energy technologies than stick with the U.S. chamber and waste the country's time trying to make the world stand still.

A market-based approach would give forward-looking utilities the incentive they need to invest further in energy conservation, renewables, high-efficiency gas, and advanced nuclear plants. For example, one-third of PG&E's electricity portfolio is made up of renewables, while Exelon runs America's largest fleet of nuclear power plants.

The alternative is the bureaucratic hammer. As Exelon CEO John Rowe said today, "Inaction on climate is not an option. If Congress does not act, EPA will, and the result will be more arbitrary, more expensive, and more uncertain for investors and the industry than a reasonable, market-based legislative solution."

Or, the courts could be in the driver's seat. The 2nd Circuit U.S. Court of Appeals ruled September 21 that states and environmental organizations may bring public nuisance litigation against utilities over their carbon emissions.

The question for Congress is this: Will Democrats and Republicans listen to Exelon and like-minded utilities and responsibly work together to pass a reasonable, balanced, market-oriented climate bill expeditiously? Or will they listen to the U.S. chamber and other obstructionists, stall legislation, and risk putting EPA and/or the courts in charge?

It's Congress' call.