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“We have to deal with greenhouse gases. From Shell’s point of view,
the debate is over. When 98 percent of scientists agree, who is Shell to
say let’s debate the science.”
Those are the words of
John Hofmeister, president of ROYAL DUTCH SHELL (NYSE: RDS/A) in a
recent presentation at the National Press Club in Washington, DC. And he’s
not alone in his views in the energy industry. Even EXXONMOBIL (NYSE:
XOM)--long the highest-profile critic of greenhouse gas theory--is now
bankrolling efforts to store carbon dioxide in natural gas fields.
There are still many
who disagree, of course. TXU CORP (NYSE: TXU), for example, still has
plans in place to build 11 new major coal fired power plants in Texas at
a total cost of $10 billion. If it’s able to follow through on those
development plans, the company’s carbon dioxide (CO2) emissions will
grow from 55 million tons a year to some 133 million tons.
The Bush administration
remains at least publicly opposed to any regulation of carbon emissions
and continues to debate the science behind it. And it still has allies
in Congress, including Senator James Inhofe (R-OK), who was the chairman
of the Senate Environment and Public Works Committee in the outgoing
Congress.
Democrats’ victory in
Congressional midterm elections, however, has sharply accelerated the
momentum for CO2 regulation. In fact, it may now be irresistible.
As I’ve reported,
California has already passed its own plan to curb greenhouse gases. The
deal between Republican Governor Arnold Schwarzenegger--re-elected by a
landslide in an otherwise very Democratic year--and the Democrat-led
state legislature is essentially a cap-and-trade system, which allows
companies that exceed CO2 quotas to buy credits from companies that don’t.
That’s the same model
that has dramatically reduced emissions of the gases that cause acid
rain, namely sulphur oxide (SOX) and nitrogen oxide (NOX), under the
Clean Air Act of 1990. Ironically, the first President Bush championed
that cap-and-trade system, though it’s been scorned to date by the
current president.
Many in the power and
energy sectors favor cap-and-trade, as it provides companies flexibility
to meet tighter standards without bankrupting themselves. That’s
especially critical when it comes to producing and distributing energy,
where additional costs or supply shortages can have a real impact on the
overall economy.
Cap-and-trade may not
have the votes to override a presidential veto in the upcoming Congress.
But it will definitely see the light of day, as Senator Barbara Boxer
(D-CA) takes over for Inhofe at Environment and Public Works. Boxer has
called global warming the greatest challenge of our generation. In
addition, there’s a rumor that Senator John Warner (R-VA)--also an
advocate of taking action--may be challenging Inhofe as ranking
Republican of that committee. That would rob Inhofe of even the minority’s
advocacy tools.
In any case, it’s
likely we’ll see a serious effort to pass a bill sometime in the
coming year to enact a nationwide cap-and-trade system to regulate CO2.
The usual suspects will be there in force.
The Sierra Club, for
example, was a huge financial contributor to the Democratic victory and
is now on the ascendancy on K Street, where Democrats are shoving out
Republicans in large numbers.
The most ardent
proponents of cap-and-trade will almost certainly come from the ranks of
industry. Mainly, energy companies on the whole now recognize CO2
regulation is inevitable. What’s important now is shaping the
legislation so it will be good--or at least not horribly damaging--for
doing business.
With California
implementing its new law and seven other states studying similar action,
there’s a real possibility companies will have to comply with a
patchwork quilt of legislation, rather than a single, national law. In
addition, the US Supreme Court this week will hear arguments over
whether the US Environmental Protection Agency (EPA) is required by law
to regulate CO2. That’s the final stage of a Clinton era case, in
which EPA produced a legal opinion concluding CO2 could be regulated if
it were determined to have adverse effects on public health, welfare and
the environment.
The EPA ruling was
immediately challenged by then-Representative Tom DeLay (R-TX) and
President Bush ultimately rejected the petition as he shelved US
participation in the Kyoto Treaty. But environmental groups have
continued to push it through the court system and have been joined by
others who’ve filed “friend of the court” briefs.
The Court is expected
to issue a final ruling in the case in June.
Heading off an
unfavorable ruling is another reason why industry will push the new
Congress to act. And with DeLay gone, and Bush now very much in need of
some kind of victory, their lobbying will be in overdrive.
As long as CO2
regulation comes up as cap-and-trade, it will be a burden on some energy
companies, but not on most. In fact, there are likely to be some major
winners.
First are the nuclear
power producers. The last time Democrats were in power, nuclear had a
very bad name and many crusaded to shut down operating plants. This time
around, however, the nation’s nuclear plants are in the hands of a
relatively small group of giants, all of which have proven capable of
running them safely and efficiently.
Perhaps more important,
there’s recognition that nuclear energy is the only way to mass
produce electricity without also spewing out a lot of CO2. There are
some in Congress who want to reduce funding for nuclear power, or at
least funnel some of it away to more popular sources like wind and
solar. But there’s also a realism that these renewables simply aren’t
capable of making a large enough dent in CO2 emissions, particularly
with the world’s appetite for electricity continuing to mushroom.
Developing nations like
China have massive plans for producing more nuclear power. US incentives
passed with last summer’s energy legislation have already sparked
plans for several major reactors.
And with Jeff Bingaman
(D-NM) slated to take over the Senate Energy and Natural Resources
Committee from fellow nuclear fan Pete Domenici (R-NM), any effort to go
no nukes is doomed to fail.
The biggest
nuclear power players are CONSTELLATION ENERGY (NYSE:CEG), DOMINION
RESOURCES (NYSE: D), DUKE ENERGY (NYSE: DUK), ENTERGY (NYSE: ETR),
EXELON (NYSE: EXC), FPL GROUP (NYSE: FPL) and SOUTHERN COMPANY (NYSE:
SO). All are already doing quite well producing and selling nuclear
generated electricity, in large part because it’s so cheap relative to
power produced from natural gas or even coal.
Cap-and-trade presents
these companies with a double profit play.
First, dealing with CO2
emissions for the first time makes fossil fuel power--particularly
coal--that much more expensive relative to nuclear, which has no
emissions problem. Second, nuclear companies will have credits to sell
polluters for profits.
As for wind power
companies, AES CORP (NYSE: AES) and FPL have the biggest fleets. FPL’s
triggered a huge profit burst in the third quarter, offsetting more
sluggish growth at its regulated Florida utility system.
Wind power will, of
course, become more cost competitive with coal and natural gas as CO2
emissions are factored in. And wind companies will be able to generate
credits for sale by expanding their fleets, as well as selling what they
already have for hefty gains. But they also stand to gain from further
incentives and subsidies that the Democratic Congress is likely to pass,
and the president will be hard-pressed not to sign.
The list of companies
that would be hurt by cap-and-trade may not be as long as some believe.
First of all, with Super Oils like Royal Dutch Shell and even ExxonMobil
now apparently backing some variety of regulation rather than fighting
everything, they’re likely to have a great deal of influence over what
does eventually get passed.
That dramatically
increases the odds that whatever does get passed won’t be overly
harmful and may actually wind up benefiting them.
With more than half of
the nation’s power supply coming from coal, we’ve heard numerous
horror stories about the shortages CO2 regulation would cause. That,
however, is pretty much what we heard in the late 1980s in the lead-up
to the passage of the 1990 Clean Air Act. The law didn’t even bankrupt
the worst polluters like AMERICAN ELECTRIC POWER (NYSE: AEP) and
Southern Company, which fought the legislation tooth and nail and issued
quite a few doomsday proclamations.
The key was
cap-and-trade on acid rain did enable companies to make adjustments and
to use new technology to curb emissions. And they were able to do so
without either enormous hardship to utilities, or massive rate increases
for consumers.
This time around, there
are definite technological challenges to be hurdled. But there’s no
reason why CO2 cap-and-trade can’t eventually work the same magic. In
fact, there’s one major difference between now and 1990 that could
work in utilities’ favor.
In the late ’80s,
many companies had just completed major construction projects. Some were
weakened greatly by having to write off a good portion of the cost in
punitive rate cases. At the same time, rates had risen dramatically, and
customers were ill disposed toward allowing recovery of expenses to
clean up environmental problems.
This time around, we’re
still in the early stages of a new capital spending boom in the utility
sector, and regulators are still very accommodating about allowing
expenditures into rate base. In other words, utilities are likely to be
allowed to earn a return on prudent expenditures, just as they are for
any construction project.
Southern Company, for
example, has some $6 billion in environmental capital expenditures
(CAPEX) on tap in its service territory over the next 10 years or so
that should boost its bottom line, assuming its engineers perform.
The only companies that
could be in for a shellacking are those with big CO2 problems and which
operate in more difficult states, where regulators may not be inclined
to pass along costs. One of these, ironically, could be TXU in Texas.
Under Republican
control for more than a decade and with a mostly deregulated electricity
market, the Lone Star State has largely allowed TXU to make as much
money as it can. This it did in the third quarter, boosting earnings 83
percent. The reason: Rising gas prices last year increased the price of
power in Texas and the company didn’t lower it this year as gas prices
fell. The result was unprecedented profit margins as the state’s rates
rose to among the highest in the union.
If anything could stir
up indignation in this reddest of red states, it’s been these high
rates, coupled with TXU’s plans to build a fleet of major coal plants.
Republican Gov. Rick Perry was re-elected this month, but with less than
40 percent of the vote.
And utility matters are
high up on the priority list for a suddenly feisty legislature.
TXU has many friends
and it’s extremely aggressive, but it’s also in a lot of people’s
sights. And the combination of angry customers and high rates has never
been a good one for utilities. Moreover, the stock is a Wall Street
favorite with a huge valuation; it won’t take much disappointment to
shoot it earthward.
The bottom line is CO2
regulation is almost surely coming. We don’t know for certain what
form it will take, but cap-and-trade is by far the most likely. As long
as that’s the case, most companies won’t be overly affected in a
negative way. Moreover, there’s plenty of time to get out of the way
of the fallout and well as load up on some winners.

© 2006 Roger Conrad
Editorial Archive

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