Power Companies Intervening in Support of Clean Power Plan Argue Rule is Consistent with EPA’s Legal Authority

Today, our companies argued before the en banc panel at the D.C. Circuit Court of Appeals in support of EPA’s Clean Power Plan. We urged the Court to uphold the rule as a lawful application of EPA’s authority under the Clean Air Act, as affirmed by the Supreme Court in 2007 and 2011, to reduce carbon dioxide (CO2) emissions from the power sector.

As some of the nation’s largest electric utilities and owners of generating units subject to the rule, we argued that the rule is lawful because the standards set by EPA are consistent with existing trends within the power sector and the tools that the electric industry has to reduce its carbon emissions. The rule’s formulation of the best system of emission reduction is reasonable and consistent with the practical realities of how the electricity grid functions today and how companies have complied with prior environmental regulations. The rule provides flexibility to states and companies to achieve its emission performance goals.

Together, the power companies that have intervened in support of the rule own and operate more than 100,000 megawatts of generating capacity—representing nearly 10 percent of the nation’s total—and serve millions of customers in 26 states across the country, both in competitive and vertically-integrated electricity markets. Through investment in low- and zero-emissions generation capacity, our companies have reduced CO2 emission within our generating fleets and portfolios, while continuing to provide reliable and affordable electricity to our customers. We believe our collective experience demonstrates the reasonableness and achievability of the Clean Power Plan’s goals.

Power companies include: Austin Energy, Calpine, Los Angeles Department of Water & Power, National Grid, New York Power Authority, Pacific Gas & Electric, Seattle City Light, Sacramento Municipal Utility District and Southern California Edison.