Ari Peskoe is a Senior Fellow in Electricity Law at the Harvard Law School Environmental Policy Initiative. He has written extensively about electricity regulation, on issues ranging from rooftop solar to Constitutional challenges to states’ energy laws.
In the middle of February 2021, an Arctic cold front wreaked havoc on Texas, causing a blackout that plunged more than 4 million customers into darkness and cold during single-digit temperatures. The crisis led to the deaths of nearly 200 people and an estimated $50 billion changed hands, saddling millions of customers, including ones in neighboring states, with unexpected excess costs.
What happened in Texas is an incredibly complex story involving many factors, from a simple lack of weatherization, to flaws in the state’s electricity market structure, to failed governance. And untangling that story, and identifying ways to prevent such a crisis from ever happening again, is a complex task. To help us with it, we invited several Energy Transition Show alumni—journalist Russell Gold of the Wall Street Journal, professor Emily Grubert of the Georgia Institute of Technology, and legal scholar Ari Peskoe of Harvard Law School—to join us in a four-way conversation that explores all the angles.
What are the legal issues around new proposed subsidies for nuclear and coal plants? What are the new ways in which the authority of the Federal Energy Regulatory Commission (FERC) has to be distinguished from the authority of the states? Are states with economically challenged power generators sliding toward unintentional re-regulation, or will FERC and the courts step in to protect structured markets? And why is PURPA, the federal law that has undergirded renewable procurement since 1978, under fresh attack? In this episode, we explore these deep, dark, yet important and very contemporary legal questions with a Senior Fellow in Electricity Law at the Harvard Law School Environmental Policy Initiative. In addition to our deep dive on PURPA and around-market reforms, we’ll also discuss some of the likely implications of Trump’s new direction in energy policy, implications for the Clean Power Plan, and how the federal government’s leadership role on climate might be changing.