IRA to SuperCharge Canada’s Battery Value Chain

By Anjali Joshi

The U.S. Inflation Reduction Act (IRA) is expected to boost multiple EV battery-related sectors in Canada, ranging from exploration & production of critical minerals like lithium, cobalt, and graphite, to EV manufacturing. Under the IRA, consumers who buy EVs can access a US$7,500 tax credit for new EVs and US$4,000 tax credit for used vehicles, but only if EVs meet certain criteria. First, the IRA requires 40% of an EV’s battery metals to be produced in North America, or from countries that have a free-trade agreement with the U.S. This percentage will increase to 80% by 2027. Second, 50% of the battery components: anode, cathode, electrolyte components, and modules need to be made in the United States. This will rise to 100% by 2027. Finally, these vehicles must be assembled in North America.

This is a welcome news for Canada who is receiving a lot of investments across the EV battery supply chain. In August 2022, Volkswagen AG and Mercedes-Benz Group signed cooperation agreements with the Canadian government to secure access to battery materials, including lithium, nickel, and cobalt. In July 2022, Umicore announced its plans to invest US$1.5 billion to build a cathode active battery material (CAM) and their precursor materials in Ontario. South Korean company POSCO Chemical is also planning to open a CAM production factory in Canada to supply General Motors.

The Canadian government is also introducing incentives and measures for the development of the domestic EV battery supply chain. Canada is home to North America’s only battery-grade cobalt refinery, which is owned by Electra Battery Material (formerly known as First Cobalt Corp.). Electra Battery Material recently received a CA$5 million investment from Canada’s Federal government, CA$5 million from Ontario’s provincial government, and a loan commitment of CA$45 million from Glencore to refurbish and reopen the refinery. In October 2022, Nouveau Monde Graphite entered into an agreement with Mitsui & Co. and Panasonic Energy to develop its ore-to-battery-market integrated graphite project in Québec.

The localization of EV battery supply chain has become a focal point for Western countries. This helps to reduce their reliance on other countries, especially China and Russia, where there are national security concerns. Canada has also recently taken a major action to remaining on the same page as the United States and reduce China’s dominance in the global battery supply chain. Canada and the United States finalized a Joint Action Plan on Critical Minerals Collaboration in January 2020.

Additionally, on 28 October 2022, the Government of Canada released a policy providing more additional clarity about the applicability of the Investment Canada Act (ICA) to investments in Canadian entities and assets in critical minerals sectors from foreign state-owned enterprises (SOEs). The policy indicates that SOEs in Canadian critical mineral sector will face high levels of scrutiny under the country’s foreign investment review regime. Under the authority of the ICA, Canada recently ordered three Chinese companies to divest their investment from Canada’s mining companies due to national security concerns. The three companies – Sinomine Rare Metals Resources Co Ltd., Chengze Lithium International Ltd., and Zangge Mining Investment (Chengdu) Co Ltd. – are required to divest their investment within 90 days from November 3, 2022.

CEA expects the IRA to be an unprecedented driver of Canada’s EV battery supply chain. We expect more capacity expansion plans and investment, both public and private, as battery makers are not only focusing on meeting the IRA bill requirements, but also looking to shorten the EV battery supply chain for EV makers in the North American region.

Source: CEA Research

California Regulators Issue New Net Metering Reform Proposal

By Christian Roselund

On 10 November 2022, Regulators in California published a new proposal to reform the state’s net metering policy, which sets the terms for compensation of rooftop solar. The California Public Utilities Commission’s (CPUC) Net Billing tariff follows an earlier attempt to revise net metering that was cancelled in May 2022 after the solar industry mobilized thousands of workers and consumers in early 2022 to protest the change.

Unlike the CPUC’s previous proposal. The new draft does not impost discriminatory charges on solar customers. It does cut export rates over time to “avoided cost,” which is what the utility would otherwise pay to procure electricity. It also shifts payments to a dynamic rate based on the needs of the grid, instead of fixed time-of-use rates. Finally, the proposal includes up-front subsidies for low-income consumers to purchase solar plus battery storage or standalone battery storage systems.

According to estimates by the California Solar and Storage Association, the new export rates will cut average compensation from $0.30 per kilowatt-hour to $0.08 per kilowatt-hour.

CPUC will vote on the new proposals at its meeting on 15 December 2022.

Source: Decision Revising Net Energy Metering Tariff and Subtariffs (California Public Utilities Commission)

Analysis: CALSSA Statement on CPUC’s Revised Proposed Decision on Solar Net Metering (California Solar & Storage Association)

EU Protests Protectionism in Inflation Reduction Act Subsidies

By Christian Roselund

A diplomatic rift is opening between the European Union and the United States over preferential U.S. subsidies to domestic industries in the Inflation Reduction Act (IRA). Meetings between the two parties held in early November do not appear to have resolved tensions and EU Trade Commissioner Valdis Dombrovskis has threatened a complaint to the World Trade Organization.

The IRA contains generous subsidies for domestic wind, solar, and battery manufacturing, as well as bonuses to clean energy deployment tax credits if domestic content is used. Additionally, the law changed the electric vehicle tax credit for consumers so that only the purchase of vehicles with a high portion of domestic content qualifies for the credit.

In comments to the U.S. Treasury on implementation of the IRA provisions, the delegation of European Union to the United States expressed concerns about the “discriminatory nature” of these provisions and their “cumulative, potentially adverse effects on the EU’s industry.” The EU complaint named nine specific provisions with the IRA where there are concerns. The complaint further singled out several of these as potentially violating World Trade Organization Rules:

  • The domestic content bonus in the Section 45 Production Tax Credit (PTC) and the Section 45Y technology-neutral PTC
  • The domestic content bonus in the Section 48 Investment Tax Credit ITC) and the Section 48E technology-neutral ITC
  • The Section 26 Clean Vehicle Tax Credit (multiple provisions)

For the domestic content provisions in the ITC and PTC as well as the Clean Vehicle Tax Credit, the EU has requested that EU goods be treated the same as U.S. goods when qualifying for the credit.

In an interview with CNBC, German Finance Minister Christian Lindner stated that he would prefer to see this conflict resolved amicably. “We should do everything we can to avoid a tit-for-tat situation and a trade war,” stated Lindner. “We need more partnership between the United States and the European Union, not less.”

News coverage: Why America’s climate law is causing rifts at COP 27 (E&E News)

News coverage: EU says it has serious concerns about Biden’s Inflation Reduction Act (CNBC)

Source: Comment from the Delegation of the European Union to the United States of America (Internal Revenue Service)

Solar Industry Avoids Much Stricter Requirements in Code Change

By Christian Roselund

The body that sets buildings codes for the United States and some nations in Latin America, the Middle East, and other regions has increased the structural requirements for solar installations but has made no move to clarify the structural requirements of wind turbines. On 1 November 2022, the International Code Council Online Governmental Consensus Vote concluded, providing preliminary approval for a modified proposal calling for most ground-mounted solar installations to be assigned to Risk Category 2 (RC II). This is the same category as most residential and commercial buildings. The body did not approve requests to clarify that wind turbines should be RC II, leaving wind turbines in a gray area.

For solar, this will mean more stringent requirements than the RC I assignment that the solar industry was advocating for. However, these are not nearly as demanding as the RC IV that advisors to the Federal Energy Management Agency (FEMA) had called for in a proposal earlier this year (see the 18 October 2022 U.S. Energy Transition Report for more details). CEA’s Engineering Services team confirmed that a change to RC IV would have substantially increased the structural requirements and cost of building solar installations.

For rooftop solar installations, the risk category will be the same at that of the building on which the solar is installed. The only solar installations that will be held to RC IV are those that are on RC IV-assigned buildings, which includes hospitals, fire stations, and other buildings housing emergency services, or carport solar installations that emergency vehicles are parked under.

The Council also provided preliminary approval of a change that specifies that RC III structural requirements will apply to power generating facilities with individual units 75 megawatts-ac and higher. As it also clarifies that an individual unit can be an individual wind turbine, this should exempt wind farms from this requirement. However, the Council did not move on a proposal to classify wind turbines as RC II, which advocates say aligns with best practices and previously published
industry guidance.

These votes represent preliminary results and are subject to certification by the validation committee and confirmation by the International Code Council Board. If certified, these changes will take effect with the 2024 Building Code, which upon publication will form the basis for local building codes in the United States and internationally.

Source: Preliminary 2022 Group B Online Governmental Consensus Vote (OGCV) Results (International Code Council.

U.S. Solar, Wind Installations Collapse in Third Quarter

By Christian Roselund

Q3 2022 was the slowest quarter for solar and wind installations that the United States has seen in three years, according to a report by American Clean Power Association (ACP). The Clean Power Quarterly Market Report finds that the United States installed only 1,877 megawatts-ac of solar and 356 megawatts of wind during the quarter, attributing this slowdown to a combination of policy and supply chain challenges. However, the report also finds that 1,195 megawatts / 2,774 megawatt-hours of battery storage was installed, and that 2022 is looking to be yet another year of growth for the battery storage market.

Source: American Clean Power Association

For solar, the 1,877 megawatts-ac installed is a 23% decline year-over-year, and the smallest quarterly volume since the third quarter of 2020. The first two quarters of 2022 also saw depressed installation volumes, and only 7,071 megawatts have been installed during the year to date. Even with a strong fourth quarter, it would be essentially impossible for solar installations to catch up and reach the level installed in 2021.

ACP cites an inability to source PV modules as the main cause of the slowdown in solar installations, noting that both the withhold release order (WRO) on Hoshine Silicon and detentions under the Uyghur Forced Labor Prevention Act (UFLPA) have limited module supplies.

It is unclear when UFLPA detentions will be resolved. U.S. Customs officials detained modules from at least three major suppliers (Jinko, LONGi, and Trina) starting in late June 2022. Despite the detention of more than 1,000 shipments of PV modules, CEA has only in the last week learned of the first release of a detained solar shipment. And beyond the direct impact of detentions, UFLPA has also caused suppliers to divert modules away from the U.S. market. In its recent quarterly results Jinko estimated that over the full year 2022 it will have deferred shipping roughly 2,000 megawatts of PV modules that were intended for the United States.

For wind, only two projects came online during the second quarter with a total capacity of 356 megawatts, a 78% year-over-year decline. ACP says that this slowness was expected, and attributes this to the phase-down schedule of the Production Tax Credit prior to its re-instatement at $15 per megawatt-hour (adjusted for inflation) under the Inflation Reduction Act. However, the organization also notes that “lingering supply chain challenges” and delays in interconnection approval also played a role.

Many of the solar and wind projects that did not come online in the third quarter may be installed in future quarters. ACP estimates that 14,167 megawatts-ac of wind, solar, and battery projects were delayed beyond the third quarter; after nearly 20 megawatts were delayed in the second quarter. ACP counted 36,240 megawatts of projects that were delayed at the end of the third quarter.

The only sector that saw installation growth in the third quarter was battery storage, where the 1,195 megawatts coming online represents a 227% growth over the third quarter of 2021. In the first three quarters of 2022, 3,059 megawatts / 7,952 megawatt-hours of battery storage have been installed.

Solar, wind, and battery storage have healthy pipelines, with 22,543 megawatts of wind, 78,181 megawatts of solar, and 14,265 megawatts / 36,965 megawatt-hours of battery storage under development. However, given trade policy challenges and increasing delays in interconnection approval, it is unclear when all this capacity will come online.

Source: Clean Power Quarterly Market Report Q3 2022 (American Clean Power Association)

Stalemate: Little Policy Change if Republicans Take U.S. House 

By Christian Roselund

Senator Catherine Cortez Masto’s victory in Nevada was the final race to secure the Democrats a Senate majority.  Image: Gage Skidmore. License: Creative Commons CC-by-SA 2.0.

While final results of the “mid-term” elections in the United States are not yet confirmed, it is likely the Republican Party will gain a majority in the U.S. House of Representatives. As of 14 November 2022, 203 of 435 House seats have been called for the Democratic Party and 212 for Republicans. 218 seats are required for a majority. And while the Democratic Party was able to maintain its majority in the U.S. Senate, Republican control of even one house of the U.S. Congress has significant implications for federal legislation and the direction of U.S. energy policy for the next two years.

Before the election prominent Republicans expressed the desire to weaken or overturn the Inflation Reduction Act (IRA), which provides substantial incentives for clean energy deployment and manufacturing and received no Republican support. However, given the election results it is unlikely that Republicans will be able to even repeal limited provisions in the law.  

This means that the main incentives for solar, wind and energy storage deployment and manufacturing in the IRA will remain in place for at least the next two years. The next Congress will have the opportunity to act on across-the-board permitting reform for energy and mining facilities, which could be important for more rapidly advancing clean energy projects.

Dynamics of Partisan Control

In recent years Republicans in Congress often voted as a unified block against Democratic Party proposals, including clean energy legislation. As such, if Republicans gain control of the U.S. House Democrats will not be able to advance clean energy policies at the federal level that have been popular at the state level, such as a national clean energy mandate and a phase-out date for internal combustion engine vehicles.

However, Republicans are also unlikely to be able to advance a partisan agenda, leaving a likely situation of legislative stalemate not unlike what was seen in previous “split” Congresses.

House Republicans have already signaled that they intend to scrutinize federal spending under the Inflation Reduction Act (IRA). Representative Cathy McMorris Rodgers (R-Washington), the ranking member of the House Energy and Commerce Committee, has stated that she will use her committee to hold hearings on IRA subsidies. This in turn will put pressure on Treasury officials and could slow the roll-out of rules implementing IRA tax credits.

But to get bills passed, Republican Senators will have to find areas where it can work with at least some of their Democratic colleagues.

Potential for Collaboration on Permitting Reform

The new Congress brings the potential for collaboration between Centrist Democrats and Republicans on the issue of permitting reform. U.S. Senator Joe Manchin attempted in late September 2022 to pass legislation to overhaul permitting and transmission approval but was forced to withdraw his language from a bill funding the federal government (See the 4 October 2022 U.S. Energy Transition Report for more details).

Republicans said that Manchin’s bill didn’t go far enough to remove barriers and have referred to their own legislation. However, Republicans will have to compromise. One way this could manifest is by ensuring that permitting reform not only expedites approval and removes roadblocks from fossil fuels and nuclear power, but that it benefits all sources including renewable energy, as it did in Manchin’s bill.

Such a move could play a role in more rapid deployment of wind and solar. It is particularly important for offshore wind, which is dependent on a multi-year federal permitting process, as well as renewable energy projects on public lands. Reforming the approval process for transmission could also be important. However, Republicans pushed back on giving the federal government more control over transmission approval in Manchin’s legislation and it is not clear whether expedited approval for transmission will make it into future efforts or not.

Manchin is expected to re-introduce his bill as an attachment to a military spending bill in the “lame duck” session before the next Congress is convened in January. The CEO of the permitting institute told E&E News that he expects this to lay the groundwork for a compromise in the first half of 2023.
Another area of common interest between centrist Democrats and Republicans is removal of barriers to build supply chains for critical minerals, including those used in lithium-ion batteries and wind turbines. Republicans have long pushed for more mineral extraction on public lands, and this could create the ground for a compromise.

Analysis: US Midterms 2022: Makeup of next US Congress weighs on permitting reform push (S&P Global)

Analysis: Midterms: A lesson in climate politics (Politico)

Analysis: Wanted: House Dem who can refute Republican attacks (E&E News)

Analysis: Fossil fuel, renewable trade groups explore potential paths to energy bipartisanship in a divided Congress (UtilityDive)

EU APPROVES NEW ENERGY MARKET REGULATIONS; ADDITIONAL PROPOSALS UNDERWAY

Policy: To address rising energy prices, the European Commission has proposed a range of emergency regulatory measures. A first set of three key proposals has already been approved by its member states while further proposals are currently being debated.

U.S. Battery Capacity Grows 311% in 19 Months

Underscoring the extremely rapid rise of battery storage capacity, a new report has found that the capacity of batteries on the U.S. grid increased 311% from January 2021 through August 2022. Using data from the U.S. Department of Energy, Texas-based consultancy Zpryme reports that cumulative battery installations reached 6,702 megawatts in the month of August 2022, compared to only 1,631 in January 2021.

US Energy Report I Energy Dept. Provides $2.8 Billion to Boost Battery manufacturing

On 19 October 2022 the U.S. Department of Energy (DOE) announced billions in awards to support and develop the domestic manufacturing of batteries for both EV and electrical grid applications. Using funding made available through the 2021 Infrastructure Investment and Jobs Act, DOE awarded $2.8 billion to 20 battery manufacturing and battery material processing companies for different projects across 12 U.S. states across the nation.