Clean Power Digest: the PA Supreme Court’s retention race, data centers, retail electricity prices, and more

Attached please find a PA Digest for October 30, 2025 and a copy of a Lawrence Berkeley National Laboratory study on energy prices (and data centers).

Today’s Digest was inspired by the prominently displayed WHYY article (in case you missed it) and the LBL Study’s release. A link to a user friendly, 6-minute PBS News Hour summary of the LBL Report is included in the Digest.

We are sharing the Report as many organizations are working on data centers and related issues.

Buried in the LBL Report is an affirmation of the fact that renewable energy is the most attractive, low cost option for energy generation in many, if not most states – “While approximately 75 % of utility-scale wind and solar growth in the U.S. from 2019 through 2024 was not mandated by state RPS programs, the remaining 25 % was at least notionally attributable to such policies.” (See LBL Report at page 6).

In addition, the recent utility filings in Virginia & Oregon lowering electricity rates as a result of renewable energy deployment are encouraging.

How the Pa. Supreme Court retention race could impact environmental protection – By Susan Phillips – WHYY – October 30, 2025 — In the typically sleepy Supreme Court retention election, the focus is on voting rights and abortion. But the court also decides major environmental cases. Donohue wrote the majority opinion in Pennsylvania Environmental Defense Foundation v. Commonwealth, which established a broad interpretation of the Environmental Rights Amendment to the state constitution, and cemented in place the commonwealth’s role as trustee for public natural resources. The decision followed a ruling in 2013 written by Republican Chief Justice Ron Castille that cited the Environmental Rights Amendment for the first time and was widely viewed as a win for environmental protection and the rights of local municipalities. The Environmental Rights Amendment had been ratified by voters in the state in 1971. “The Commonwealth (including the Governor and General Assembly) may not approach our public natural resources as a proprietor and instead must at all times fulfill its role as a trustee,” wrote Donohue. Justice Dougherty and Wecht, along with Justice Debra Todd, joined the majority opinion. Justice Max Baer, now deceased, filed a concurring opinion on the broad interpretation of the amendment.  “If you’re concerned about the environment, these are justices that respect the Environmental Rights Amendment, respect environmental law and they’ve written careful opinions,” said John Dernbach, emeritus professor of law and founder of the Environmental Law and Sustainability Center at Widener University Law School. “The current three judges have really elevated the Supreme Court from what was a dreadful legal analysis to, I think, one of the leading courts, particularly on state constitutional adjudication,” said Robert McKinstry, an attorney who formed the environmental law practice at Ballard Spahr and continues to litigate environmental and climate change law,  “The first was giving the Pennsylvania Environmental Rights Amendment a new life.”

Next big environmental decision for the state Supreme Court The court heard arguments in May on constitutional challenges to the state’s efforts to cut its greenhouse gas emissions by joining the Regional Greenhouse Gas Initiative — but has yet to issue a ruling. It’s unclear how the current court could rule on the case. Dernbach, who watched oral arguments, said he has no idea which way they could go.

How Decisions By PA Supreme Court Shape Rural Communities: Supporting Local Regulation Of Shale Gas Drilling; Biosolids; Stormwater – by Marley Parish of Spotlight PA State College | Oct. 21, 2025

 

Data Centers, Energy Prices & A New National Lab Report

The complicated reality behind rising power prices – by Kathryn Krawczyk – Canary Media – October 24, 2025 – Energy affordability has become a flash point over the past few months. It’s a key issue in this year’s gubernatorial races. It’s something President Trump has promised to fix by boosting fossil-fuel production. And of course, it’s showing up in the bills that arrive in mailboxes every month.

  • 75% of Americans count electricity costs as a source of stress in their lives, according to a new Associated Press-NORC survey. But a recent study from the Lawrence Berkeley National Laboratory provides more nuance to the conversation.
  • When adjusted for inflation, 31 states saw their power prices decline from 2019 to 2024, while the other 17 states experienced increases.
  • One reason why some states saw prices jump? Utility spending on disaster recovery and preparedness. Take California, where utilities have added billions of dollars in wildfire-recovery costs and mitigation programs to retail electricity prices in recent years, the national lab found as disasters become more frequent and destructive.
  • But the report also tempered fears that the growth of data centers and other power-hungry industries will jack up electricity prices. Grid maintenance has been a top driver of increased electricity costs over the last few years, but spreading these expenses among more customers, like data centers and manufacturers, has helped lower retail electricity prices, researchers found.
  • The Trump administration has elevated fossil fuels as a solution to rising electricity bills, positing that more coal and gas power can cut prices. But building a new gas-fired plant is increasingly expensive and takes years, and the U.S. is preparing to ship more liquefied natural gas out of the country anyway.
  • If you look at two rare examples of power utilities reducing their rates, it’s clear that falling back on coal isn’t the answer either.
    • In Oregon, Idaho Power Co. has asked regulators to lower electricity prices by nearly 1%, saying the closure of a coal-fired power unit and demolition of another coal plant have brought down costs.
    • And in Virginia, where a state law is pushing the electricity sector to lower emissions, Appalachian Power cited the addition of renewable power in its request to lower rates. West Virginia is meanwhile pushing to keep its coal plants running — a move that Appalachian Power said would raise prices for its electricity customers in that state.

See Factors influencing recent trends in retail electricity prices in the United States, Ryan Wiser, Eric O’Shaughnessy, Galen Barbose, Peter Cappers, Will Gorman – Lawrence Berkeley National Laboratory The Electricity JournalVolume 38, Issue 4 – December 2025

Factors-influencing-recent-trends-in-retail-electricity_2025_The-Electricity

How data center power demand could lower electricity prices – the PBS News Hour – October 29, 2025 – 6-minute Video Report on Data Centers & the Lawrence Berkeley National Laboratory Report

 

State Utility Filings Requesting Lower Rates

Citing Renewables, Appalachian Power To Lower Virginia Bills – by Curtis Tate – West Virginia Public Radio – October 23, 2025- Appalachian Power says lower energy prices and the addition of renewable resources will result in a $10 a month reduction in the average electricity customer’s bill in Virginia. That’s in contrast to the company’s April filing in West Virginia, which asked regulators to charge customers $5 more a month to pay for fuel expenses. Virginia has the Clean Economy Act, which includes targets for emissions reductions in electricity generation, typically met with renewables.

After closing coal plants, Idaho Power is the rare utility cutting rates – by Alexander C. Kaufman – Latitude Media – October 20, 2025 – Something unusual is happening in Oregon: A utility is requesting to cut electricity rates. In an October 9 filing, Idaho Power Company asked Oregon state regulators to slash electricity prices by nearly 1% for ratepayers across the board. The company told the Oregon Public Utility Commission that the closure of the second unit at the North Valmy Generating Station, a 522-megawatt coal plant in northern Nevada, had removed costs from its balance sheet.

 

Proposed Strategies (Good & Bad) for Lowering Utility Bills & Energy Costs

Pa. lawmakers consider rules for data centers; industry warns of over-regulation — 90.5 WESA | by Rachel McDevitt – October 23, 2025 – As data center companies eye Pennsylvania for new locations, state lawmakers are considering how to regulate the facilities. A proposal in the state House would require large data centers to use 25% renewable energy and have them pay into utility assistance programs. House Bill 1834 would also have the Public Utility Commission create new regulations in an attempt to shield ratepayers from price spikes.

House considers shielding Pa. wallets from data centers’ energy use – by Jaxon White/WITF – October 22, 2025 – Consumer advocates warned a panel of Pennsylvania House members on Wednesday that Commonwealth residents will continue to bear the burden of rising electricity costs unless policymakers take steps to regulate a growing number of new data centers. Patrick Cicero, counsel at the Pennsylvania Utility Law Project, said data center developers are not paying their fair share of energy demands.

As Cheap as Our Peers: How cutting red tape can lower the cost of rooftop solar and offset rising utility billsOctober 23, 2025 – Permit Power – New report finds that by reducing the “soft costs” of solar installation, families could see their electricity bills drop 61% by 2040—saving an average of $1,600 a year. Permit Power’s Full Report Here.

Sunny days ahead? How solar energy could save Erie schools millions | Opinion — David Masur, Pat Harkins and Bob Merski

Solar schools for Pennsylvania – Repowering education with clean energyPennEnvironment Report – September 2025Solar power on school rooftops cuts air pollution, provides clean power to our communities, and can save money for schools.

Can the US bring solar installation to below $2 per watt? – by Lisa Martine Jenkins – Latitude Media – October 27, 2025 – Two reports, from Tesla and Permit Power, unpack how to get U.S. rooftop solar prices down — and up to $1.2 trillion is on the line. Permit Power evaluated the potential market impact of bringing costs even lower to $1 per watt. The report, out last week, found that if the U.S. can get the cost of solar in line with its peers, it could save $1.2 trillion across all households installing solar, or $1,600 in annual bill savings, by 2040. This would mean 18.2 million more families installing solar, and nearly 200 gigawatts in additional installed capacity. Permit Power’s suggestions are not far-fetched and is rooted in what is already happening in certain places across the U.S. — “and not just in blue states like California, Maryland, New Jersey.” “Texas [and] Florida have significantly streamlined that and modernized permitting rooftop solar and home batteries,” he said. “Colorado has taken tremendous steps to try and modernize their interconnection process….Places like West Virginia, have started to get homeowners associations out of the business of mucking around with what goes on families’ roofs.

Latest bid to abolish PA-RGGI tie passes state SenateBy PATRICK CLOONAN – Indiana Gazette – October 23, 2025 – The latest bid to end Pennsylvania’s involvement in the Northeast Regional Greenhouse Gas Initiative now rests in the state House Environmental & Natural Resource Protection Committee. Senate Bill 1068 was referred there after the state Senate approved it by a 33-17 vote Wednesday.

Republican lawmakers from Pa., N.J., Va. and Md. weigh solutions to rising electricity bills – by Sophia Schmidt – WHYY – October 28, 2025 – Republican lawmakers want to see faster permitting and an end to the Regional Greenhouse Gas Initiative. Republican lawmakers from across the mid-Atlantic region gathered in Harrisburg on Tuesday to discuss possible solutions to rising electricity costs and concerns around grid reliability, including cutting red tape for power generators and eliminating policies that aim to reduce planet-warming carbon emissions.

Trump says China to begin process of purchasing ‘American energy’By Reuters – October 30, 2025 – U.S. President Donald Trump said on Thursday that China has agreed to begin the process of purchasing U.S. energy.

Gas reliance will worsen the energy affordability crisisBy Cassady Craighill technical education director at GridLab (op ed) – Utility Dive – October 23, 2025 – Utilities and regulators should consider other options before investing in gas plants and making customers pay the inflated price.

 

More Solar for All/Green Bank – Litigation News

States sue EPA over canceled Solar for All grants – by Robyn Griggs Lawrence Editor  Utility Dive – October 17, 2025 – In the third lawsuit filed about the grants this month, 22 states and the District of Columbia contend the agency illegally revoked $7 billion in clean energy funds awarded to local governments. The lawsuit, filed by 22 states in U.S. District Court in the Western District of Washington, alleges the EPA has “unilaterally and illegally terminated a multi-billion-dollar program designed to bring low-cost distributed solar energy to over 900,000 households in low-income and disadvantaged communities.”  The EPA abruptly ended the Solar for All program, created under the Clean Air Act’s Greenhouse Gas Reduction Fund to help low-income communities adopt clean energy, as part of the One Big Beautiful Bill Act in July, the plaintiffs said in the court filing.  Because all $7 billion in Solar for All grants had already been obligated by August 2024 — before the OBBBA became law — the plaintiffs contend the EPA acted illegally by terminating the program and blocking access to their awarded funds, the states contend.

N.J. energy bills are soaring. State sues to save $7B solar program Trump cut. By Steven Rodas – NJ Advance Media for NJ.com – October 22, 2025 – Investing in offshore wind has been a rocky prospect in New Jersey. And electric vehicle growth has largely plateaued here in recent years. But a bright light in the state’s cleaner energy policy seemed to emerge in the form of solar power. In January, the state said it reached 5 gigawatts of installed solar capacity — shortly before the average energy bill was expected to skyrocket by about 20%. 

Groups Sue E.P.A. Over Canceled $7 Billion for Solar Energy – by Maxine Joselow – New York Times – October 6, 2025 – A coalition of solar energy companies, labor unions, nonprofit groups and homeowners sued the Environmental Protection Agency on Monday over its termination of $7 billion in grants intended to help low- and moderate-income families install solar panels on their homes.

 

New Pennsylvania Clean Energy Jobs Announced

Gov. Shapiro Press Release – October 21, 2025 – Pittsburgh, PA – ICYMI: Governor Shapiro Announces $352.9 Million Eos Energy Investment to Expand Pennsylvania Battery Manufacturing and Relocate Headquarters to Allegheny County, Creating 735 New Jobs

Eos Energy Announces $350 Million Expansion Of Battery Plant In Allegheny County – by Tom Davidson – Trib Live – October 21, 2025 Economic development officials have pledged $24 million in public money toward a major expansion of zinc battery company Eos Energy, which plans to add hundreds of jobs and relocate its headquarters to Pittsburgh.

 

Trump Administration Funding & Jobs Cuts

DOE cancels $700 million in battery and manufacturing project grants – by Diana DiGangi Reporter – Utility Dive – Oct. 21, 2025US DOE’s Office of Manufacturing & Energy Supply Chains canceled more than $700 million in grants last week, a DOE spokesperson told Utility Dive in an email Monday. A DOE spokesperson said the projects had missed milestones and would not provide a positive return on investment of taxpayer dollars.

US clean energy loses $24 billion, 21,000 jobs through September – by Ryan Kennedy – PV Magazine – October 23, 2025 – E2, a clean economy tracking specialist, says private and federal cancellations have slashed US solar, wind, and storage investments, hitting Republican districts hardest. The latest data from E2’s Clean Economy Tracker shows that in September alone, nearly 3,000 jobs were lost and $1.6 billion in projects were cancelled, factories closed, or investment commitments downsized. In 2025, US businesses have pulled back more than $24 billion in announced investments and losing nearly 21,000 jobs. Of that total, Republican voting districts have suffered the greatest losses, shedding $12.4 billion in investment and losing approximately 15,000 jobs. In October, US DOE also announced the termination of 321 financial awards supporting 223 energy projects, resulting in “savings of approximately $7.56 billion dollars for American taxpayers,” said the agency in a press release. These October 2025 DOE cancellations were exclusively in historically Democrat-led states.

 

In Case You Missed It – Note on PJM

PJM poised to add more storage following surplus interconnection reform – by Ethan Howland – Utility Dive – October 23, 2025 – The grid operator’s new fast-track interconnection review is dominated by gas but also includes about 2.3 GW of storage projects that could be online much sooner. Two 10-MW battery projects in Virginia announced this week could be part of a wave of new storage deployments in the PJM Interconnection following reforms to its surplus interconnection rules and mounting pressure over capacity prices. Patterson Enterprises intends to build two 10-MW, four-hour lithium iron phosphate battery projects in A&N Electric Cooperative’s service territory in eastern Virginia with financing from Climate First Bank.