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Regional & Federal Updates
BPA Litigation Moves Forward
In November, Earthjustice filed an opening brief on behalf of NWEC and our partners in the BPA markets litigation: Montana Environmental Information Center, Oregon Citizens' Utility Board, Sierra Club, and the Idaho Conservation League.
Three entities supporting our position filed Amicus Briefs setting forth their interests in BPA's decision. Oregon and Washington jointly discussed BPA’s obligations to, and economic impacts on, the region. Seattle City Light discussed how BPA’s obligation is to produce the lowest possible rates for the region, and the Green Energy Institute compared the governance models of each market and concluded EDAM is better suited to protecting the public interests.
In our brief, we argue that:
- BPA’s market choice is a final decision with significant impacts on customers and the region;
- BPA’s final decision does not align with its obligations under the NW Power and Conservation Act;
- BPA did not comply with the National Environmental Policy Act and needs to assess environmental impacts now; and
- The court should vacate BPA’s decision to pursue Markets+ so BPA can conduct the required analysis of the market options and environmental impacts.
BPA must file its response in mid-December, and amicus briefs aligned with its position are due before the holidays. Earthjustice predicts a hearing in the beginning of 2026 and a decision by summer, dependent on the overall workload of the 9th Circuit.
Fervo Energy Launches Geothermal Sustainable Development Pact
We are happy to support the Principles for Responsible Geothermal Development which Fervo Energy recently co-developed along with Sierra Club as a starting point for conversation. Geothermal has long been a part of the western power grid, but it has been limited to areas with very hot water and steam close to the surface. New forms of enhanced geothermal systems (EGS) are now dramatically expanding geothermal resource availability.
Going forward, thanks to rapid technology innovation and cost decline spurred by the USDOE-funded FORGE testbed project in southwest Utah, geothermal has the potential to become a major clean generating resource. New analysis from the Stanford University geothermal program shows that EGS can be developed at low cost across the west. And some of the greatest geothermal potential is right here in the Northwest!
While we don't endorse specific developers or projects, it is important that our region is part of the conversation on how geothermal is developed moving forward. The Principles for Responsible Geothermal Development help start that conversation to ensure we see "geothermal done right" for the benefit of power customers, communities, Tribes, labor, and the environment.
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