
John Farrell directs the Energy Self-Reliant States and Communities program at the Institute for Local Self-Reliance
Cross-posted from the Institute for Local Self-Reliance
By John Farrell
If you follow the renewable energy industry and haven’t been sleeping, then you’ve probably heard about one of the few pieces of federal legislation purported to help clean energy that’s actually moving: expanding Master Limited Partnerships (MLPs) to cover wind and solar energy. (H.R.1696)
This is not a good thing.
MLPs originated in 1986, when Congress decided that to allow certain businesses (oil and gas pipelines) to avoid paying corporate income tax. These partnerships function a lot like publicly traded corporations, with publicly traded stock, but don’t pay income taxes.
Most folks who’ve touted expanding MLPs to include renewable energy projects see this move as “leveling the playing field.” And it will, allowing big energy corporations to avoid paying taxes on their renewable energy projects just like they do for pipelines.
But that’s not the worst. Several years after the MLP was created, the federal agency responsible for setting the prices to use these oil and gas pipelines (the Federal Energy Regulatory Commission) allowed the not-paying-corporate-income-tax companies to charge rates for access as though they DID pay the corporate income tax. Including this phantom tax payment in rates amounted to a 75% increase in after-tax profits for pipeline companies.
This policy wasn’t even set in a public forum (such as a docket with public hearings), but through a shadow “policy statement” released after private meetings with the oil and gas industry (and after a federal judge had previously struck down the absurd notion that users of pipelines should have to pay phantom taxes). →