August, 24 2017, 11:15am EDT
Trump Administration Releases Report to Try and Justify Bailing Out Dirty, Expensive Power Plants
Donald Trump's Secretary of Energy, Rick Perry, released a controversial grid report in an effort to pressure market operators, the Federal Energy Regulatory Commission (FERC), and utilities to bail out aging coal and nuclear plants by forcing electricity customers to pay more for their expensive electricity.
WASHINGTON
Donald Trump's Secretary of Energy, Rick Perry, released a controversial grid report in an effort to pressure market operators, the Federal Energy Regulatory Commission (FERC), and utilities to bail out aging coal and nuclear plants by forcing electricity customers to pay more for their expensive electricity. Some of the report's recommendations echo the unsubstantiated claim that coal and nuclear plants are needed for grid reliability, and recommend that rules be changed to compensate them regardless of their competitiveness against cleaner, cheaper, and more flexible energy sources like wind and solar. But the facts throughout the report don't support those conclusions.
Even before the report was released, its credibility was questioned by electrical engineers, policy experts, and electricity industry stakeholders as a political ploy by the Trump Administration to prop up old dirty energy plants at the expense of the rapidly growing clean energy sector. Their suspicions were confirmed when a draft copy of the report was released early by nonpartisan Department of Energy (DOE) career professionals, and then quickly retracted by DOE's political press office.
The draft report was informed by studies from energy policy experts, major universities, and nonpartisan energy stakeholder reports. It found that wind and solar energy strongly contributed to the affordability, reliability, and resilience of the grid; lowered prices for customers; and would continue to grow rapidly into the future.
The report's secrecy before its release has been unprecedented and even prompted the Sierra Club to file a lawsuit against DOE under the Freedom of Information Act for access to basic information on the report's premises and consultations. Perry has refused input from clean energy jobs creators, outside energy experts, and even members of Congress. The report's release is widely viewed as another instance of the Trump administration turning its back on basic transparency to the public.
In response, Mary Anne Hitt, Director of Sierra Club's Beyond Coal campaign, released the following statement:
"The failed spin of this study is one more sign that the Trump administration is creating its energy agenda by looking in the rearview mirror, while clean energy passes them by in the fast lane. It's disappointing -- but not surprising -- that Rick Perry took a well-crafted, insightful draft report from nonpartisan Department of Energy professionals and tried to make it into a talking points memo for coal and nuclear subsidies. The recommendations in this report try to downplay the clear benefits of clean energy to our power grid, economy, and electricity customers, and instead construct a fictional world where aging coal and nuclear plants are needed for grid resilience and can compete in today's twenty-first century energy markets.
"There is no evidence, in this report or elsewhere, that coal or nuclear plants are vital to our grid's long-term reliability, or that there will be increasing demand for them. In fact, all trends point in the opposite direction. The spin surrounding this report is nothing more than a half-baked attempt by the Trump Administration and its dirty energy allies to assemble a flimsy rationale in hopes of pressuring FERC, grid managers, and utilities to bail out uneconomical, highly subsidized coal and nuclear plants.
"The truth is simple: coal and nuclear can no longer compete on their own, and they are now pushing Trump to save them. This study is a shoddy attempt to do just that, and considering that Sierra Club just marked the nation's 257th coal plant retirement, it isn't going to work."
The Sierra Club is the most enduring and influential grassroots environmental organization in the United States. We amplify the power of our 3.8 million members and supporters to defend everyone's right to a healthy world.
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Trump Pick to Replace Lina Khan Vowed to End 'War on Mergers'
"Andrew Ferguson is a corporate shill who opposes banning noncompetes, opposes banning junk fees, and opposes enforcing the Anti-Merger Act," said one antitrust attorney.
Dec 11, 2024
President-elect Donald Trump's pick to lead the Federal Trade Commission vowed in his job pitch to end current chair Lina Khan's "war on mergers," a signal to an eager corporate America that the incoming administration intends to be far more lax on antitrust enforcement.
Andrew Ferguson was initially nominated by President Joe Biden to serve as a Republican commissioner on the bipartisan FTC, and his elevation to chair of the commission will not require Senate confirmation.
In a one-page document obtained by Punchbowl, Ferguson—who previously worked as chief counsel to Sen. Mitch McConnell (R-Ky.)—pitched himself to Trump's team as the "pro-innovation choice" with "impeccable legal credentials" and "proven loyalty" to the president-elect.
Ferguson's top agenda priority, according to the document, is to "reverse Lina Khan's anti-business agenda" by rolling back "burdensome regulations," stopping her "war on mergers," halting the agency's "attempt to become an AI regulator," and ditching "novel and legally dubious consumer protection cases."
Trump announced Ferguson as the incoming administration's FTC chair as judges in Oregon and Washington state
blocked the proposed merger of Kroger and Albertsons, decisions that one antitrust advocate called a "fantastic culmination of the FTC's work to protect consumers and workers."
According to a recent
report by the American Economic Liberties Project, the Biden administration "brought to trial four times as many billion-dollar merger challenges as Trump-Pence or Obama-Biden enforcers did," thanks to "strong leaders at the FTC" and the Justice Department's Antitrust Division.
In a letter to Ferguson following Trump's announcement on Tuesday, FTC Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter wrote that the document obtained and published by Punchbowl "raises questions" about his priorities at the agency mainly "because of what is not in it."
"Americans pay more for healthcare than anyone else in the developed world, yet they die younger," they wrote. "Medical bills bankrupt people. In fact, this is the main reason Americans go bankrupt. But the document does not mention the cost of healthcare or prescription medicine."
"If there was one takeaway from the election, it was that groceries are too expensive. So is gas," the commissioners continued. "Yet the document does not mention groceries, gas, or the cost of living. While you have said we're entering the 'most pro-worker administration in history,' the document does not mention labor, either. Americans are losing billions of dollars to fraud. Fraudsters are so brazen that they impersonate sitting FTC commissioners to steal money from retirees. The word 'fraud' does not appear in the document."
"The document does propose allowing more mergers, firing civil servants, and fighting something called 'the trans agenda,'" they added. "Is all of that more important than the cost of healthcare and groceries and gasoline? Or fighting fraud?"
As an FTC commissioner, Ferguson voted against rules banning anti-worker noncompete agreements and making it easier for consumers to cancel subscriptions. Ferguson was also the only FTC member to oppose an expansion of a rule to protect consumers from tech support scams that disproportionately impact older Americans.
"Andrew Ferguson is a corporate shill who opposes banning noncompetes, opposes banning junk fees, and opposes enforcing the Anti-Merger Act," said Basel Musharbash, principal attorney at Antimonopoly Counsel. "Appointing him to chair the FTC is an affront to the antitrust laws and a gift to the oligarchs and monopolies bleeding this country dry."
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Once Again, Tom Cotton Blocks Bill to Shield Journalists From Betraying Sources
Responding to the GOP senator's latest thwarting of the PRESS Act, Democratic Sen. Ron Wyden vowed to "keep trying to get this bill across the finish line" before Republicans take control of the Senate next month.
Dec 10, 2024
Republican U.S. Sen. Tom Cotton of Arkansas on Tuesday again blocked the passage of House-approved bipartisan legislation meant to shield journalists and telecommunications companies from being compelled to disclose sources and other information to federal authorities.
Sen. Ron Wyden (D-Ore.) brought the Protect Reporters from Exploitative State Spying (PRESS) Act—which would prohibit the federal government from forcing journalists and telecom companies to disclose certain information, with exceptions for terroristic or violent threats—for a unanimous consent vote.
Senate Majority Leader Chuck Schumer (D-N.Y.) argued Tuesday that passing the PRESS Act is "more important now than ever before when we've heard some in the previous administration talk about going after the press in one way or another," a reference to Republican President-elect Donald Trump's threats to jail journalists who refuse to reveal the sources of leaks. Trump, who has referred to the press as the "enemy of the people," repeatedly urged Senate Republicans to "kill this bill."
Cotton, who blocked a vote on the legislation in December 2022, again objected to the bill, a move that thwarted its speedy passage. The Republican called the legislation a "threat to national security" and "the biggest giveaway to the liberal press in American history."
The advocacy group Defending Rights and Dissent lamented that "Congress has abdicated their responsibility to take substantive steps to protect the constitutional right to a free press."
However, Seth Stern, director of advocacy at the Freedom of the Press Foundation, noted ways in which Senate Democrats can still pass the PRESS Act before Republicans gain control of the upper chamber next month:
Senate Democrats had all year to move this bipartisan bill and now time is running out. Leader Schumer needs to get the PRESS Act into law—whether by attaching it to a year-end legislative package or bringing it to the floor on its own—even if it means shortening lawmakers' holiday break. Hopefully, today was a preview of more meaningful action to come.
Responding to Tuesday's setback, Wyden vowed, "I'm not taking my foot off the gas."
"I'll keep trying to get this bill across the finish line to write much-needed protections for journalists and their sources into black letter law," he added.
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Judges Block Kroger-Albertsons Merger in 'Win for Farmers, Workers, and Consumers'
"We applaud the FTC for securing one of the most significant victories in modern antitrust enforcement," said one advocate.
Dec 10, 2024
Antitrust advocates on Tuesday welcomed a pair of court rulings against the proposed merger of grocery giants Kroger and Albertsons, which was challenged by Federal Trade Commission Chair Lina Khan and multiple state attorneys general.
"The FTC, along with our state partners, scored a major victory for the American people, successfully blocking Kroger's acquisition of Albertsons," said Henry Liu, director of the commission's Bureau of Competition, in a statement. "This historic win protects millions of Americans across the country from higher prices for essential groceries—from milk, to bread, to eggs—ultimately allowing consumers to keep more money in their pockets."
"This victory has a direct, tangible impact on the lives of millions of Americans who shop at Kroger or Albertsons-owned grocery stores for their everyday needs, whether that's a Fry's in Arizona, a Vons in Southern California, or a Jewel-Osco in Illinois," he added. "This is also a victory for thousands of hardworking union employees, protecting their hard-earned paychecks by ensuring Kroger and Albertsons continue to compete for workers through higher wages, better benefits, and improved working conditions."
While Liu was celebrating the preliminary injunction from Oregon-based U.S. District Court Judge Adrienne Nelson, later Tuesday, King County Superior Court Judge Marshall Ferguson released a ruling that blocked the merger in Washington state.
"We're standing up to mega-monopolies to keep prices down," said Washington Attorney General Bob Ferguson. "We went to court to block this illegal merger to protect Washingtonians' struggling with high grocery prices and the workers whose jobs were at stake. This is an important victory for affordability, worker protections, and the rule of law."
Advocacy groups applauding the decisions also pointed to the high cost of groceries and the anticipated impact of Kroger buying Albertsons—a $24.6 billion deal first announced in October 2022.
"American families are the big winner today, thanks to the Federal Trade Commission. The only people who stood to gain from the potential merger between Albertsons and Kroger were their wealthy executives and investors," asserted Liz Zelnick of Accountable.US. "The rest of us are letting out a huge sigh of relief knowing today's victory is good news for competitive prices and consumer access."
Describing the federal decision as "a victory for commonsense antitrust enforcement that puts people ahead of corporations," Food & Water Watch senior food policy analyst Rebecca Wolf also pointed out that "persistently high food prices are hitting Americans hard, and a Kroger-Albertsons mega-merger would have only made it worse."
"Already, a handful of huge corporations' stranglehold on our food system means that consumers are paying too much for too little choice in supermarkets, workers are earning too little, and farmers and ranchers cannot get fair prices for their crops and livestock," she noted. "Today's decision and strengthened FTC merger guidelines help change the calculus."
Like Wolf, Farm Action president and co-founder Angela Huffman similarly highlighted that "while industry consolidation increases prices for consumers and harms workers, grocery mergers also have a devastating impact on farmers and ranchers."
"When grocery stores consolidate, farmers have even fewer options for where to sell their products, and the chances of them receiving a fair price for their goods are diminished further," Huffman explained. "Today's ruling is a win for farmers, workers, and consumers alike."
Some advocates specifically praised Khan—a progressive FTC chair whom President-elect Donald Trumpplans to replace with Andrew Ferguson, a current commissioner who previously worked as chief counsel to Senate Minority Leader Mitch McConnell (R-Ky.) and as Republican counsel on the Senate Judiciary Committee.
"Today's decision is a major win for shoppers and grocery workers. Families have been paying the price of unchecked corporate power in the food and grocery sector, and further consolidation would only worsen this crisis," declared Groundwork Collaborative executive director Lindsay Owens in a statement.
"FTC Chair Lina Khan's approach is the blueprint to deliver lower prices, higher wages, and an economy that works for everyone," Owens argued. "The rebirth of antitrust enforcement has protected consumers against the worst of corporate power in our economy and it would be wise to continue this approach."
Laurel Kilgour, research manager at the American Economic Liberties Project, called the federal ruling "a resounding victory for workers, consumers, independent retailers, and local communities nationwide—and a powerful validation of Chair Khan and the FTC's rigorous enforcement of the law."
"The FTC presented a strong case that Kroger and Albertsons fiercely compete head-to-head on price, quality, and service. The ruling is a capstone on the FTC's work over the past four years and includes favorable citations to the FTC's recent victories against the Tapestry-Capri, IQVIA-Propel, and Illumina-Grail mergers," Kilgour continued.
"The court also cites long-standing Supreme Court law which recognizes that Congress was also concerned with the impacts of mergers on smaller competitors," she added. "We applaud the FTC for securing one of the most significant victories in modern antitrust enforcement and for successfully protecting the public interest from harmful consolidation."
Despite the celebrations, the legal battle isn't necessarily over.
The Associated Pressreported that "the case may now move to the FTC, although Kroger and Albertsons have asked a different federal judge to block the in-house proceedings," and Colorado is also trying to halt the merger in state court.
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