Exhibit B - Center for Biological Diversity

Exhibit B

The American Gas Association

The American Gas Association (AGA) is the trade association representing more than 200 gas
supply companies.1 AGA supports the use and production of fracked gas, and is financially
supported by many utilities.

AGA regularly engages in lobbying and other political advocacy. AGA reported over $1 million
in lobbying in both 2019 and 2020.2

AGA engages in a host of controversial political advocacy, including:
        Supporting nationwide construction permits that risk environmental damage;3

        Actively participating in litigation seeking to lessen environmental protections;4

        Opposing changes to the International Code Council’s codes – codes that are widely
         adopted around the world – that would have made electric vehicle-ready wiring and
         accommodations for electric-powered appliances an automatic feature of new buildings;5

        Promoting the gas economy and associated infrastructure, despite the critical need to
         phase out reliance on fossil fuels as we move to a clean energy economy,6 including:

1
        See American Gas Association Overview (2019), https://www.aga.org/globalassets/2019-aga-overview-
updated.pdf.
2
         See Client Profile: American Gas Association, Center for Responsive Politics (2020),
https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2020&id=D000000447;
Client Profile: American Gas Association, Center for Responsive Politics (2019),
https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2019&id=D000000447.
3
         See AGA, Comments on Army Corps Nationwide Permit program (Nov. 16, 2020),
https://www.aga.org/contentassets/dbb38587fe1e4701adc8a5c6fb128201/aga-nwp-reissuance-comments-final-nov-
16-2020.pdf.
4
         See AGA, AGA NWP 12 Coalition Files Brief in 9th Circuit Challenging District Court Order on NWP 12,
https://www.aga.org/research/policy/aga-nwp-12-coalition-files-brief-in-9th-circuit-challenging-district-court-order-
on-nwp-12/.
5
         See David Iaconangelo, EVs Dealt Major Blow in Building Code Ruling, E&E News (Oct. 22, 2020),
https://www.eenews.net/energywire/2020/10/22/stories/1063716823.

Center for Biological Diversity
Petition To Amend The Uniform System of Accounts
Exhibit B, Page 2

             o Advocating for the increased development of new gas pipeline infrastructure;7

             o Coordinating campaigns to mislead the public regarding the climate costs of
               natural gas;8

             o Funding social media ad and “influencer” campaigns to promote natural gas use;9

             o Creating “educational” materials for children claiming gas is a “very safe energy
               source,” despite its negative public health impacts that disproportionately harm
               children;10

             o Fighting local electrification ordinances that would prohibit gas heating and
               appliances in new buildings;11 and

             o Supporting members’ advocacy efforts in favor of state legislation that would
               preemptively prohibit local building electrification ordinances – including for
               public universities.12

6
         See also , Food and Water Watch, Fracking's Bridge to Climate Chaos Exposing the Fossil Fuel Industry's
Deadly Spin (2020), https://foodandwaterwatch.org/sites/default/files/rpt_2001_frackingbridgetoclimatechaos-
web.pdf.
7
         See AGA Playbook 2021, http://playbook.aga.org/.
8
          See Hiroko Tabuchi, A Secret Recording Reveals Oil Executives’ Private Views on Climate Change: At a
meeting last year, industry leaders contradicted public claims that emissions of climate-warming methane are under
control, New York Times, Sept. 20, 2020, https://www.nytimes.com/2020/09/12/climate/methane-natural-gas-
flaring.html.
9
          See Jeff Brady and Dan Charles, As Cities Grapple With Climate Change, Gas Utilities Fight To Stay In
Business, NPR (Feb. 22, 2021), https://www.npr.org/2021/02/22/967439914/as-cities-grapple-with-climate-change-
gas-utilities-fight-to-stay-in-business; see also Rebecca Leber, The Gas Industry Is Paying Instagram Influencers to
Gush Over Gas Stoves, Mother Jones (June 17, 2020), https://www.motherjones.com/environment/2020/06/gas-
industry-influencers-stoves/.
10
          See Kate Yoder, Oil and gas coloring books teach kids safety, fossil fuel dependence, Grist, June 29, 2020,
https://grist.org/energy/oil-and-gas-coloring-books-teach-kids-safety-fossil-fuel-dependence/.
11
          See, e.g., Emily Holden, Amal Ahmed, and Brendan Gibbons, A Texas city had a bold new climate plan –
until a gas company got involved, The Guardian (Mar. 1, 2021), https://www.theguardian.com/us-
news/2021/mar/01/a-texas-city-had-a-bold-new-climate-plan-until-a-gas-company-got-involved (quoting an AGA
statement that the association “will absolutely oppose any effort to ban natural gas or sideline our infrastructure
anywhere the effort materializes, state house or city steps”); Jeffrey Tomich, Gas ban backlash spreads across the
U.S., E&E News (Feb. 2, 2021), https://www.eenews.net/energywire/stories/1063724065; Steven Mufson, The
battle over climate change is boiling over on the home front, The Washington Post (Feb. 23, 2021),
https://www.washingtonpost.com/climate-environment/2021/02/23/climate-change-natural-gas/.
12
         See, e.g., Sarah Bowman and London Gibson, Banning natural gas would cut emissions. But lawmakers
don't want that happening in Indiana, Indianapolis Star (Mar. 3, 2021),
https://www.indystar.com/story/news/environment/2021/03/03/indiana-general-assembly-tries-stop-cities-banning-

Center for Biological Diversity
Petition To Amend The Uniform System of Accounts
Exhibit B, Page 3

The Nuclear Energy Institute

The Nuclear Energy Institute (NEI) is the trade association for the nuclear power industry.13 Its
dues-paying members include myriad private utilities as well as public power entities like the
Tennessee Valley Authority,14 many of which pass NEI membership dues on to ratepayers.

NEI engages in myriad forms of political advocacy. NEI reported approximately $2 million on
lobbying in both 2019 and 2018.15

NEI not only advocates for nuclear power, which the Supreme Court itself has characterized as a
“controversial issue[],” Consolidated Edison Co. v. PSC, 447 U.S. 530, 543 (1980), and for
ratepayers to subsidize nuclear power,16 but its controversial policy priorities also include both
preserving existing nuclear plants17 and building small modular reactors18 – a technology which
is not in production, and, thus, for which it is controversial to consider dedicating resources that
could be earmarked to build out existing and true clean energy sources, such as wind and solar.

natural-gas/4540329001/ (describing AGA member companies’ efforts to pass H.B. 1191, an anti-electrification bill,
and highlighting an AGA letter stating that the association group is “increasingly active” in similar state-level
efforts).
13
        See Nuclear Energy Institute, https://www.nei.org/home.
14
         See NEI Member Roster, https://www.nei.org/CorporateSite/media/filefolder/Membership/member-
roster.pdf?ext=.pdf.
15
         See Client Profile: Nuclear Energy Institute, Center for Responsive Politics (2019),
https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2019&id=D000000555; see also Client
Profile: Nuclear Energy Institute, Center for Responsive Politics (2018),
https://www.opensecrets.org/lobby/clientsum.php?id=D000000555&year=2018; see also U.S. Senate Office of
Public Records, Nuclear Energy Institute Search Results (2017-2018), Query the Lobbying Disclosure Act
Database, https://soprweb.senate.gov/index.cfm?event=processSearchCriteria.
16
         See NEI, “The Nuclear Production Tax Credit,” available at https://www.nei.org/advocacy/build-new-
reactors/nuclear-production-tax-credit.
17
        See NEI, “Preserve Nuclear Plants,” available at https://www.nei.org/advocacy/preserve-nuclear-plants.
18
        See NEI, “With New Reactors, a Better World Awaits,” available at https://www.nei.org/advocacy/build-
new-reactors.

Center for Biological Diversity
Petition To Amend The Uniform System of Accounts
Exhibit B, Page 4

As a recent example, in 2019, NEI supported highly controversial Ohio House Bill 6 (HB 6),19
which subsidized two nuclear plants and two coal plants, while drastically weakening renewable
and energy efficiency policy in the state, thus slowing the state’s transition to a clean and
renewable energy portfolio.20 Then, in 2020, the FBI arrested Ohio House Speaker Larry
Householder and three others on racketeering charges over the passage of HB 6. Householder
allegedly created multiple nonprofits to funnel more than $60 million to political candidates in
exchange for their support of the $1.3 billion bailout bill.21 Nuclear Energy Institute leadership
has since decried the illegality of Householder’s actions22 but has not rescinded their support for
the bill, despite widespread calls for its repeal.23

19
         See David Roberts, Ohio just passed the worst energy bill of the 21st century, Vox (July 27, 2019),
https://www.vox.com/energy-and-environment/2019/7/27/8910804/ohio-gop-nuclear-coal-plants-renewables-
efficiency-hb6.
20
         See NEI, Ohio Introduces Bill to Value Zero-Carbon Energy Sources,
https://www.nei.org/news/2019/ohio-introduces-bill-value-zero-carbon-energy.
21
         See John Funk, Ohio attorney general sues to block $1.3B bailout of former FirstEnergy nuclear plants,
Utility Dive (Sept. 25, 2020), https://www.utilitydive.com/news/ohio-attorney-general-sues-to-block-13b-bailout-of-
former-firstenergy-nuc/585835/.
22
          See Maria Korsnick, Opinion: Carbon-free nuclear energy is still essential to Ohio’s future, Cleveland.com
(Sept. 3, 2020), https://www.cleveland.com/opinion/2020/09/carbon-free-nuclear-energy-is-still-essential-to-ohios-
future-maria-korsnick.html (explaining NEI’s position on the policy goals of HB 6).
23
         See Jessie Balmert, Ohio lawmakers could delay nuclear plant fees from scandal-tainted House Bill 6,
Cincinnati Enquirer (Dec. 16, 2020), https://www.cincinnati.com/story/news/politics/2020/12/17/ohio-lawmakers-
delay-nuclear-plant-fees-scandal-tainted-house-bill-6/3924318001/ (describing a “wide swath” of organizations
supporting a repeal of the bill).

Center for Biological Diversity
Petition To Amend The Uniform System of Accounts
Exhibit B, Page 5

The American Public Power Association

The American Public Power Association (APPA) is the industry association group for public
power utilities.24 Although those utilities are not generally subject to direct FERC regulation, as
noted, the states and other regulators who do regulate them often follow the USofA, and APPA
member utilities pay for membership.

The APPA reported over $800,000 for lobbying in 2019, and $780,077 in 2018.25 APPA also
contributes to political PACs.26

The Association’s controversial political positions and political activities include:

          Opposing efforts to establish a federal renewable electricity standard;27

          Opposing federal efforts to improve rate design coordination and grid integration of
           Distributed Energy Resources (DER);28

          Promoting outdated and inaccurate views on DER costs, with inaccurate public
           statements on cost-shifting;29

24
         See APPA, https://www.publicpower.org/.
25
          See Client Profile: American Public Power Assn, Center for Responsive Politics (2019),
https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2019&id=D000023996; Client Profile:
American Public Power Assn, Center for Responsive Politics (2018),
https://www.opensecrets.org/lobby/clientsum.php?id=D000023996&year=2018; see also U.S. Senate Office of
Public Records, American Public Power Search Results (2017-2018), Query the Lobbying Disclosure Act Database,
https://soprweb.senate.gov/index.cfm?event=processSelectFields.
26
         See Contributions to Federal Candidates, 2018 cycle, American Public Power Assn,
https://www.opensecrets.org/pacs/pacgot.php?cmte=C00161570&cycle=2018; see also U.S. Federal Election
Commission, American Public Power Association, Public Ownership of Electric Resources PAC (C00161570),
2017-2018 Disbursements, Campaign Finance Data,
https://www.fec.gov/data/disbursements/?committee_id=C00161570&two_year_transaction_period=2018&data_typ
e=processed.
27
         See Testimony of Susan N. Kelly, President and CEO of APPA, before the Senate Committee on Energy
and Natural Resources, Hearing on Energy Supply Legislation at 7 (2015), available at
https://www.energy.senate.gov/public/index.cfm/files/serve?File_id=DA7A11A4-9DF2-4ABC-B01A-
EA4FCF58471F.
28
         See APPA, Issue Brief: Distributed Energy Resources, 2 (2019), available at
https://www.publicpower.org/system/files/documents/23%20Distributed%20Energy%20Resources.pdf.

Center for Biological Diversity
Petition To Amend The Uniform System of Accounts
Exhibit B, Page 6

          Urging repeal of the Clean Power Plan and supporting a weakened replacement rule;30

          Opposing the regulation of carbon dioxide and greenhouse gas emissions from existing
           facilities under the Clean Air Act;31 and

          Opposing the Waters of the United States (WOTUS) rule in 2015 by advocating that it
           be withdrawn and re-proposed with narrower parameters.32

29
         See APPA, Leadership in Rate Design, 9 (2019), available at
https://www.publicpower.org/system/files/documents/Leadership-in-Rate-Design.pdf (where APPA claims net
metering “takes advantage of the disconnect between how fixed and variable costs are incurred and how they are
passed through to customers, causing potentially severe cost shifting among customer classes, often in a socially
regressive way,” despite expansive research demonstrating the contrary).
30
         See Ciampoli, P. Association urges repeal, replacement of Clean Power Plan, American Public Power
Association (2018), available at https://www.publicpower.org/periodical/article/association-urges-repeal-
replacement-clean-power-plan; see also APPA, Comments on EPA’s Proposed rule: Emission Guidelines for
Greenhouse Gas Emissions from Existing Electric Utility Generating Units; Revisions to Emission Guideline
Implementing regulations; Revisions to New Source Review Program, Commonly called the Affordable Clean
Energy Rule or ACE Rule, 5 (2018), available at
https://www.publicpower.org/system/files/documents/Final%20APPA%20Comments%20on%20the%20Proposed%
20ACE%20Rule.pdf.
31
         See American Public Power Association, Comments of the American Public Power Association On the U.S.
Environmental Protection Agency’s Advance Notice of Proposed Rulemaking on Greenhouse Gas Emission
Guidelines for Existing Stationary Sources: Electric Utility Generating Units, 82 Fed. Reg. 61,507 (Dec. 28, 2017)
Docket Id. No. EPA-HQ-OAR-2017-0545,
https://www.publicpower.org/system/files/documents/Final%20APPA%20Comments%20on%20the%20Proposed%
20ACE%20Rule.pdf.
32
         See American Public Power Association, Environment Issue Brief: Waters of the United States, 3 (2017)
available at https://www.publicpower.org/system/files/documents/waters_of_the_united_states_0.pdf.

Center for Biological Diversity
Petition To Amend The Uniform System of Accounts
Exhibit B, Page 7

The National Rural Electric Cooperatives Association

The National Rural Electric Cooperatives Association (NRECA) is the trade group for utility
cooperatives.33 Those cooperatives, like most other electricity providers, follow the USofA,34
and pay NRECA for their membership.

NRECA reported approximately $2.5 million in lobbying in 2019, and in 2018.35 NRECA also
provides significant funds to PACs, including being a top contributor among all utilities and their
trade associations to the 147 members of Congress who voted to overturn the 2020 presidential
election results.36

NRECA has long engaged in political advocacy, such as:
             Vociferously opposing the Obama administration’s Clean Power Plan;37

             Supporting the Trump administration’s controversial efforts to gut the National
              Environmental Policy Act, the national charter for protection of the environment;38
              and

             Supporting the Trump administration’s gutting of Clean Air Act protections by
              replacing the Clean Power Plan with the “ACE” Rule.39
33
          See NRECA, https://www.electric.coop/our-mission/.
34
          See 7 C.F.R. Subpart B.
35
         Client Profile: NRECA, Center for Responsive Politics (2019),
https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2019&id=D000000153; Client Profile:
NRECA, Center for Responsive Politics (2018), https://www.opensecrets.org/federal-
lobbying/clients/summary?cycle=2018&id=D000000153.
36
         See Matt Kasper, Some utility companies “pause” or “evaluate” PAC giving; others remain silent, Energy
and Policy Institute (Jan. 15, 2021), https://www.energyandpolicy.org/utility-companies-pause-evaluate-pac-giving-
after-capitol-hill-attack/.
37
         See Rod Kuckro, Coal-heavy electric cooperatives take hard line on EPA Clean Power Plan, E&E News,
(Dec. 15, 2014), https://www.eenews.net/stories/1060010539; NRECA, Comments on the Clean Power Plan (Dec.
1, 2014), https://www.eenews.net/assets/2014/12/15/document_ew_01.pdf.
38
         NRECA, “Electric Coops Support NEPA Reforms,” https://www.electric.coop/issues-and-
policy/environment/.
39
         NRECA, “Co-ops Praise EPA’s New Clean Energy Rule for Setting Achievable Goals,”
https://www.electric.coop/issues-and-policy/environment/.