Following are copies of email communications obtained by the Energy and Policy Institute and provided to Energy News Network: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx From: Paul R. Briggs [mailto:paul.r.briggs@dominionenergy.com]  Sent: Monday, February 24, 2020 3:21 PM To: 'Kris Klaus' ; jstewart@ohiogasassoc.org; Neil J. Durbin  ; 'mbertolone@iuoelocal18.org'; 'Jenna Beadle'  ; amanda.finn@ascentresources.com; 'Paul Talboo' ; schmidt@sppgrp.com; 'linkhartc@api.org'; 'wfitzgibbon@larrpc.com'; Pine, Ty  ; Brian Hicks ; 'Denny Larr'  ; 'dmason@ralaw.com'; 'Matthew Hammond' ;  'chris.ferruso@nfib.org'; tseegers@ofbf.org; 'Chris Ventura' ;  'Matt Szollosi' ; 'loram@ohioretailmerchants.com'; dkoren@nisource.com;  'vsquillace@ohiohba.com'; Kevin Servick ; Chris Ventura  ; Tony Brigano ­ Hicks Partners  ; murraykm@mcneeslaw.com; 'polesovskyc@api.org'; 'Keith Lake'  ; kimberly@ohiobeverage.com; Jeff DeLeone  ; Mike Chadsey ; Lapato, Daniel  ; 'ray@ohldc.com'; nshaver@ohiobrt.com; Kristen Henson  ; 'wanless@ohiorealtors.org'; 'Jklein@ohiochemistry.org';  'roger.geiger@nfib.org'; 'Stephanie Kromer' ;  'ZeiglerC@api.org'; owma@att.net; Andrew J Campbell ;  'Gentil, Ryan D' ; 'tbowen@ohiorestaurant.org'; 'darnold@ofbf.org';  Roeder, Michael ; Spencer Gross ;  'Keaton, John' ; Thornton, Laurie K.  ; Kyle D Miller ; Hibner, Walter ; Matt Forney ;  'raugsburger@ohiomfg.com'; Matt Smith ; Andy Swaim  ; Rich Cossell  ; bross@consumeralliance.org; joe.price@timkensteel.com; tseegers@ofbf.org; zda niels@nisource.com; ehardgrove@nisource.com; tom.whatman@majoritystrategies.com; mitch@mitchgi ven.com; kcopeland@oogeep.org; mmclean@ohiobrt.com; chrisy.wright@igs.com; amanda@gov­ advantage.com; jsamuel@capitolintegrity.com; gmason4415@gmail.com; gary@statehousestrategies.net ; drew@spdunn.com; hollygross@columbus.org; Bruce C McKay  ; amanda.finn@ascentresources.com; shawn@nelsongovernme ntstrategies.com; mcramer@iuoelocal18.org; JStewart@encinoenergy.com; alex_stroman@tcenergy.co m; Adam.Parker1@enbridge.com; bross@consumerenergyalliance.org; feinstein@hpba.org; crouch@hp ba.org; egeil@midstateshpba.org; rocco@accohio.org; chuck@theblasdelgroup.com; kcooper@uwua.net Subject: Fossil Fuel resolutions/bans   Good afternoon. Below are a few items that you might find interesting. I’m trying to get our group together again in a couple weeks so be on the lookout for an invite. Good news in Ohio. The City of Bratenahl (near Cleveland) has withdrawn its resolution modeled after the City of Lakewood that would move city accounts away from fossil fuels by 2025 and residents in 2035. It may come up again but for now its dead. I know some of you contacted the city to oppose the ordinance; please email me if you sent a letter of opposition or made phone calls. It’s important to know what we did right in this situation for the next one that comes up. Arizona governor signs into law nation's first prohibition on building gas bans EXCLUSIVE Monday, February 24, 2020 1:18 PM ET By Tom DiChristopher Market Intelligence ADD TO CREATE ALERTEMAILPRINTPDFFEEDBACK + - Arizona became the first state in the nation to prohibit local governments from adopting measures that would ban natural gas use in new buildings. Republican Gov. Doug Ducey on Feb. 21 signed into law a bill that will block cities, towns and counties from using local authority to deny building permits to structures that include a natural gas hookup. The legislation is meant to preempt the type of building gas bans that have taken hold throughout California and spread to Seattle and the Boston area. The law could foreshadow a new strategy for gas backers in statehouses. Committees in the Tennessee House and Senate are scheduled on Feb. 25 to consider bills that would bar political subdivisions "from prohibiting the connection or reconnection of a utility service based on the type or source of energy to be delivered to an individual customer." The Arizona legislation breezed through the GOP-controlled legislature, taking just three weeks between first reading and passage. Republicans in both chambers voted unanimously to support the bill, with several House and Senate Democrats crossing party lines to support it. Local gas utility Southwest Gas Holdings Inc. backed the legislation, along with local trade groups and chambers of commerce. Southwest Gas could not immediately be reached for comment. Environmentalists, Pima County, Phoenix and Tucson opposed the bill, though neither of the cities had put forward building gas bans. The absence of any plans to prohibit gas hookups formed the foundation of Democratic opposition. The minority characterized the bill as a giveaway to gas companies that preemptively narrowed cities' options for making climate change policy in the future. Yet Republicans got encouragement from a state Rules Attorney Office analysis that determined the bill was constitutional and any gas ban would be unlikely to survive a legal challenge. The office found courts would likely find a rational basis for the policy for providing access to utility providers, that the need for access to those utilities is rational and that uniform statewide regulation is appropriate. "I can't tell you with 100% certainty that if this was challenged it would be upheld, but ... if I was a gambling man, I would bet that this would be upheld," rules attorney Tim Fleming said during a Feb. 3 Rules Committee hearing. The final version of the bill underscored that analysis, stressing that "The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern." House Speaker Rusty Bowers, a Republican who sponsored the bill, said gas bans would pick apart the economic viability of the utility business in piecemeal fashion. Since the cost of the infrastructure is spread across all ratepayers, allowing cities to block access to those services would cause prices to go up for remaining customers, he said. "In a way, there is a discrimination, both between the purchase base — the population purchasing base — as well as on the services available to certain citizens or all citizens," he said during the Feb. 3 hearing. The bill is broadly worded to prohibit local governments from denying building permits based on the structure's future utility provider or imposing any fine or requirement meant to restrict the provision of utility services. Fleming suggested the lawmakers better define a utility in the law, a change the League of Arizona Cities and Towns also sought, the Phoenix New Times reported. The final version defines utility service as water, wastewater, natural gas, propane or electric power provided to an end user.  Paul R. Briggs Director, State & Local Government Affairs – Midwest Dominion Energy 88 E. Broad Street Suite 1303 Columbus, OH 43215 W 6142213263 C 6143616490  CONFIDENTIALITY NOTICE: This electronic message contains information which may be legally confidential and or privileged and does not in any case represent a firm ENERGY COMMODITY bid or offer relating thereto which binds the sender without an additional express written confirmation to that effect. The information is intended solely for the individual or entity named above and access by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Thank you. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx From: Paul R. Briggs  Sent: Thursday, February 13, 2020 11:04 AM To: 'Kris Klaus' ; jstewart@ohiogasassoc.org; Neil J. Durbin  ; 'mbertolone@iuoelocal18.org'; 'Jenna Beadle'  ; amanda.finn@ascentresources.com; 'Paul Talboo' ; schmidt@sppgrp.com; 'linkhartc@api.org'; 'wfitzgibbon@larrpc.com'; Pine, Ty  ; Brian Hicks ; 'Denny Larr'  ; 'dmason@ralaw.com'; 'Matthew Hammond' ;  'chris.ferruso@nfib.org'; tseegers@ofbf.org; 'Chris Ventura' ;  'Matt Szollosi' ; 'loram@ohioretailmerchants.com'; dkoren@nisource.com;  'vsquillace@ohiohba.com'; Kevin Servick ; Chris Ventura  ; Tony Brigano ­ Hicks Partners  ; murraykm@mcneeslaw.com; 'polesovskyc@api.org'; 'Keith Lake'  ; kimberly@ohiobeverage.com; Jeff DeLeone  ; Mike Chadsey ; Lapato, Daniel  ; 'ray@ohldc.com'; nshaver@ohiobrt.com; Kristen Henson  ; 'wanless@ohiorealtors.org'; 'Jklein@ohiochemistry.org';  'roger.geiger@nfib.org'; 'Stephanie Kromer' ;  'ZeiglerC@api.org'; owma@att.net; Andrew J Campbell ;  'Gentil, Ryan D' ; 'tbowen@ohiorestaurant.org'; 'darnold@ofbf.org';  Roeder, Michael ; Spencer Gross ;  'Keaton, John' ; Thornton, Laurie K.  ; Kyle D Miller ; Hibner, Walter ; Matt Forney ;  'raugsburger@ohiomfg.com'; msmith@ohaflcio.org; Andy Swaim ; Rich  Cossell  ; bross@consumeralliance.org; joe.price@timkensteel.com; tseegers@ofbf.org; zda niels@nisource.com; ehardgrove@nisource.com; tom.whatman@majoritystrategies.com; mitch@mitchgi ven.com; kcopeland@oogeep.org; mmclean@ohiobrt.com; chrisy.wright@igs.com; amanda@gov­ advantage.com; jsamuel@capitolintegrity.com; gmason4415@gmail.com; gary@statehousestrategies.net ; drew@spdunn.com; hollygross@columbus.org; Bruce C McKay  ; amanda.finn@ascentresources.com; shawn@nelsongovernme ntstrategies.com; mcramer@iuoelocal18.org; JStewart@encinoenergy.com; alex_stroman@tcenergy.co m; Adam.Parker1@enbridge.com; bross@consumerenergyalliance.org; feinstein@hpba.org; crouch@hp ba.org; egeil@midstateshpba.org; rocco@accohio.org; chuck@theblasdelgroup.com Subject: Fossil fuel legislation A couple states have introduced and will likely pass legislation preempting a city’s ability to restrict fossil  fuel choices.  I’ve linked an article about Arizona below and attached the Tennessee bill that prohibits  cities from prohibiting a fuel source.   Also below in an article about Brookline, Massachusetts and what  they did recently.    Arizona ­ https://www.azcentral.com/story/news/politics/legislature/2020/02/12/arizona­legislature­may­ prevent­bans­natural­gas­hookups/4714357002/ Massachusetts ­ https://www.wbur.org/earthwhile/2019/11/20/brookline­fossil­fuel­ban­heating­oil­natural­ gas Paul R. Briggs Director, State & Local Government Affairs – Midwest Dominion Energy 88 E. Broad Street Suite 1303 Columbus, OH 43215 W 6142213263 C 6143616490 CONFIDENTIALITY NOTICE: This electronic message contains information which may be legally  confidential and or privileged and does not in any case represent a firm ENERGY COMMODITY bid or  offer relating thereto which binds the sender without an additional express written confirmation to that  effect. The information is intended solely for the individual or entity named above and access by anyone  else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution, or use of  the contents of this information is prohibited and may be unlawful. If you have received this electronic  transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Thank you. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx [Energy News Network NOTE: The full header with the list of addressees and date was not provided with the following email. However, the content indicates that the date was in February 2020.] Subject: Ohio fossil fuel discussion Hello everyone, I wanted to send out some quick updates to the group.      There are still 2 cities in northeast Ohio that have resolutions against fossil fuels going through the process. Both South Euclid and Bratenahl are modeled after Lakewood’s resolution to move away from fossil fuels in five years for city accounts and 15 years for residents. I’ve listed contact info below for both cities if you would like to weigh in on the debate. I attended the NARUC winter meeting in D.C. this week and gas bans/resolutions were a big topic of discussion, both in meetings and the hallways. I’ve copied an article below with some more info about the NARUC panel. The American Gas Association also had a dedicated meeting on this issue. They are continuing efforts to form a national coalition to combat bans and are urging states to do the same. A new Ohio groups has been formed that bears watching. (Columbus, OH)—Today, leaders from across Ohio joined together to launch Power a Clean Future Ohio, a bipartisan organization that is dedicated to working with local officials to develop equitable global climate change solutions. The organization is committed to reducing carbon emissions throughout Ohio in big and small ways that make sense for each local community. Below is the information promised above. Have a great Wednesday.   City Title Name Email South Euclid South Euclid South Euclid South Euclid South Euclid South Euclid South Euclid South Euclid Mayor Council President Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson Georgine Welo Joseph Frank Marty Gelfand Ruth Gray Jane Goodman Sara Continenza Susan Hardy Justin Tisdale mayor@seuclid.com jfrank@seuclid.com mgelfand@seuclid.com ruthigray50@gmail.com jg@janegoodman.com friendsofsarac@gmail.com shardy@seuclid.com tisdaleforsoutheuclid@gmail.com Bratenahl Bratenahl Bratenahl Bratenahl Bratenahl Bratenahl Bratenahl Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson John Licastro Mary Beckenbach Keith Benjamin Joyce Burke-Jones Gina Huffman Rod Taylor James Puffenberger jlicastro@bratenahl.org mbeckenbach@bratenahl.org kbenjamin@bratenahl.org jburkejones@bratenahl.org ghuffman@bratenahl.org rtaylor@bratenahl.org jpuffenberger@bratenahl.org Mailing Address City of South Euclid 1349 South Green Road South Euclid, Ohio 44121 Village of Bratenahl 411 Bratenahl Road Bratenahl, OH 44108 US state regulators field warnings on municipal gas ban movement EXCLUSIVE Monday, February 10, 2020 5:50 PM ET By Maya Weber Platts ADD TO CREATE ALERT EMAIL PRINT PDF FEEDBACK + - State utility regulators heard strong criticism of municipal bans against natural gas hookups in new buildings as parties focused on consumer costs and state energy policy raised their concerns in a recent panel discussion. The bans, as well as other incentives for electrification of buildings, could have broad implications for the residential fuel mix and the future of gas distribution infrastructure and demand. "My experience has been that the city councils aren't necessarily the source of balanced information, just and reasonable cost estimates, all the things that are part of the utility regulatory framework that makes determinations on the capital infrastructure investments," said Timothy Simon, a former California Public Utilities Commission member. Simon, who currently represents several local gas distribution companies, was among panelists urging caution during a staff gas subcommittee meeting on Feb. 9 at the National Association of Regulatory Utility Commissioners winter policy summit. While residential energy use makes up only 7% of California's carbon dioxide emissions, "it's gaining the ire and the attack of city councils across my great state," Simon said. The "real culprit," in Simon's view, is transportation, which makes up 41% of CO2 emissions and is concentrated around big rig diesel trucks. The trucks "generally don't run through Bel Air and Beverly Hills," he said. "They generally are running by black and brown communities that are in industrial sections near ports of entry and other areas." Beginning with a ban in Berkeley, Calif., municipal gas bans have spread through the state and appeared around the country in the Boston area and Washington State. People's view Bill Malcolm, senior legislative representative at AARP, an advocacy group for older Americans, said while his group does not favor one type of fuel over another, it has raised questions in several states about rate impacts for low and moderate-income residents. "I just checked the numbers, and natural gas is now at $1.85/MMBtu and, just to put that in perspective, in 2012 it was actually $12/MMBtu," Malcolm said. "So where is the new power for the new load going to come from?" In Connecticut, for instance, AARP filed comments questioning whether incentives to install electric heat pumps over gas furnaces would benefit ratepayers and whether they would drive up peak power demand. Utility commissions' role What role state regulators will play in the debate is "the multi-billion question that will most likely be settled by the courts," said Andreas Thanos, a Massachusetts regulator who chairs the National Association of Regulatory Utilities Commissioners gas staff subcommittee, when reached by email. While PUCs grant the franchise allowing an LDC to go into a town or city, municipalities are using their bylaws to implement the bans. "So the PUCs will most likely not weigh in on the issue until the courts decide," Thanos said. Dianne Solomon, a New Jersey Board of Public Utilities commissioner, said she sees a movement by states to empower their departments of environmental protection to "get into this space, take it out of the hands of the utility regulators and suggest that all projects going forward would have to have some environmental impact." Several state regulators suggested green groups have had the more effective messaging thus far. "I have heard a lot from the environmental advocates, Sierra Club and what have you, saying why we should have the natural gas bans," said Greer Gillis, a member of the Public Service Commission of the District of Columbia. Gillis said it was important to get the views aired in the room out into the mainstream. Judith Schwartz, a former utility commissioner from Palo Alto, Calif., where a municipal "reach code" encouraging all-electric construction was adopted, contended that, "while the intentions are good, the reality of what [gas bans] are doing is minimal." During the winter, "you have natural gas and imports making up the shortfall of every single hour of the day," she said. Speaking from the audience, David Kolata with the Citizens Utility Board of Illinois, said the issue was more complicated than the dialogue suggested. "It's pretty clear that in every blue state, we're going to need to deliver a plan" that keeps the increase in temperatures due to climate change under 2 degrees C, Kolata said, with the modeling showing the need to decarbonize electricity, heating and transportation. "Given that, how do we think about this from a consumer advocate point of view, where money spent on natural gas right now and natural gas infrastructure could very well be stranded?" he said. Maya Weber is a reporter with S&P Global Platts. S&P Global Market Intelligence and S&P Global Platts are owned by S&P Global Inc. Paul R. Briggs Director, State & Local Government Affairs – Midwest Dominion Energy 88 E. Broad Street Suite 1303 Columbus, OH 43215 W 6142213263 C 6143616490 CONFIDENTIALITY NOTICE: This electronic message contains information which may be legally confidential and or privileged and does not in any case represent a firm ENERGY COMMODITY bid or offer relating thereto which binds the sender without an additional express written confirmation to that effect. The information is intended solely for the individual or entity named above and access by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Thank you.