Duke executives, trader indicted on fraud

By Reuters


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Three former Duke Energy Corp. trading executives were indicted recently for racketeering and fraud in a scheme to boost their annual bonuses by recording losing trades in the wrong accounting book.

The 18-count indictment charges former vice presidents Timothy Kramer and Todd Reid and former natural gas trader Brian Lavielle with racketeering, wire fraud and falsification of corporate books and records at Duke Energy North America, LLC.

Reid and Kramer, his immediate subordinate, were also charged with two counts each of money laundering. The men are accused of conducting more than 400 trades and manipulating their accounting to boost the Duke subsidiary's mark-to-market trading book by $50 million in 2001.

The mens' year-end bonuses were calculated based on the profitability of that book -- the daily reckoning of the trading operation.

Prosecutors say that led to fraudulently high bonuses of $5 million for Reid, $4 million for Kramer and $340,000 for Lavielle. All three pleaded not guilty during an initial appearance in Houston federal court before U.S. Magistrate Judge Nancy Johnson, who freed each of the men on $100,000 bond.

"This was a really bad shell game, where you simply move something from one account to another, hoping that people only pay attention to your left hand and not to your right," said Michael Shelby, the U.S. Attorney for the Southern District of Texas in Houston.

The men put the profitable trades -- like the winning half of a round-trip trade -- into the mark-to-market book and the losing trades in the accrual book, Shelby said.

"Putting those trades into the accrual book is fraud," he added. The latter record is specifically for trades where the profit or loss is deferred until later, usually in the case of long-term hedges. It had no bearing on the bonuses at Duke, Shelby said. Thomas Hagemann, Reid's lawyer, said the case should be nothing more than a civil dispute between his client and Duke.

"In the wake of Enron's collapse, I'm afraid that prosecutorial zeal has overtaken good judgment and common sense," Hagemann said.

Kramer's lawyer, Jim Lavine, said his client had done nothing to harm Duke or investors and would fight the charges.

Lavielle's lawyer, Charles Meadows, said his client had passed a lie detector test that confirms he "did not knowingly participate in any effort to falsify the books and records of Duke."

Lavielle, 33, faces a maximum of 90 years in prison if convicted on all charges. Kramer and Reid face a maximum of 110 years because of the additional money laundering charges. Kramer and Reid were fired in August 2002 and Laveille resigned recently, Shelby said.

Duke said it was reviewing its legal options to gain restitution from the three pending the outcome of the criminal case. Prosecutors are also seeking forfeiture of the bonus money.

The company cooperated with the investigation, Shelby said.

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Russian hackers accessed US electric utilities' control rooms

Russian Utility Grid Cyberattacks reveal DHS findings on Dragonfly/Energetic Bear breaching control rooms and ICS/SCADA via vendor supply-chain spear-phishing, threatening blackouts and critical infrastructure across U.S. power utilities through stolen credentials and reconnaissance.

 

Key Points

State-backed ops breaching utilities via vendors to reach ICS/SCADA, risking grid disruption and control-room access.

✅ Spear-phishing and watering-hole attacks on vendor networks

✅ Stolen credentials used to reach isolated ICS/SCADA

✅ Potential to trigger localized blackouts and service disruptions

 

Hackers working for Russia were able to gain access to the control rooms of US electric utilities last year, allowing them to cause blackouts, federal officials tell the Wall Street Journal.

The hackers -- working for a state-sponsored group previously identified as Dragonfly or Energetic Bear -- broke into utilities' isolated networks by hacking networks belonging to third-party vendors that had relationships with the power companies, the Department of Homeland Security said in a press briefing on Monday.

Officials said the campaign had claimed hundreds of victims and is likely continuing, the Journal reported.

"They got to the point where they could have thrown switches" to disrupt the flow power, Jonathan Homer, chief of industrial-control-system analysis for DHS, told the Journal.

"While hundreds of energy and non-energy companies were targeted, the incident where they gained access to the industrial control system was a very small generation asset that would not have had any impact on the larger grid if taken offline," the DHS said in a statement Tuesday. "Over the course of the past year as we continued to investigate the activity, we learned additional information which would be helpful to industry in defending against this threat."

Organizations running the nation's energy, nuclear and other critical infrastructure have become frequent targets for cyberattacks in recent years due to their ability to cause immediate chaos, whether it's starting a blackout or blocking traffic signals. These systems are often vulnerable because of antiquated software and the high costs of upgrading infrastructure.

The report comes amid heightened tension between Russia and the US over cybersecurity, alongside US condemnation of power grid hacking in recent months. Earlier this month, US special counsel Robert Mueller filed charges against 12 Russian hackers tied to cyberattacks on the Democratic National Committee.

Hackers compromised US power utility companies' corporate networks with conventional approaches, such as spear-phishing emails and watering-hole attacks as seen in breaches at power plants across the US that target a specific group of users by infecting websites they're known to visit, the newspaper reported. After gaining access to vendor networks, hackers turned their attention to stealing credentials for access to the utility networks and familiarizing themselves with facility operations, officials said, according to the Journal.

Homeland Security didn't identify the victims, the newspaper reports, adding that some companies may not know they had been compromised because the attacks used legitimate credentials to gain access to the networks.

Cyberattacks on electrical systems aren't an academic matter. In 2016, Ukraine's grid was disrupted by cyberattacks attributed to Russia, which is engaged in territorial disputes with the country over eastern Ukraine and the Crimean peninsula. Russia has denied any involvement in targeting critical infrastructure.

President Donald Trump signed an executive order in May designed to bolster the United States' cybersecurity by protecting federal networks, critical infrastructure and the public online. One section of the order focuses on protecting the grid like electricity and water, as well as financial, health care and telecommunications systems.

The Department of Homeland Security didn't respond to a request for comment.

 

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New Texas will bill electric vehicle drivers an extra $200 a year

Texas EV Registration Fee adds a $200 annual charge under Senate Bill 505, offsetting lost gasoline tax revenue to the State Highway Fund, impacting electric vehicle owners at registration and renewals across Texas.

 

Key Points

A $200 yearly charge on electric vehicles to replace lost gasoline tax revenue and support Texas Highway Fund road work.

✅ $200 due at registration or renewal; $400 upfront on new EVs.

✅ Enacted by Senate Bill 505 to offset lost gasoline tax revenue.

✅ Advocates propose mileage-based fees; limited $2,500 rebates exist.

 

Plano resident Tony Federico bought his Tesla five years ago in part because he hated spending lots of money on gas, and Supercharger billing changes have also influenced charging expenses. But that financial calculus will change slightly on Sept. 1, when Texas will start charging electric vehicle drivers an additional fee of $200 each year.

“It just seems like it’s arbitrary, with no real logic behind it,” said Federico, 51, who works in information technology. “But I’m going to have to pay it.”

Earlier this year, state lawmakers passed Senate Bill 505, which requires electric vehicle owners to pay the fee when they register a vehicle or renew their registration, even as fights for control over charging continue among utilities, automakers and retailers. It’s being imposed because lawmakers said EV drivers weren’t paying their fair share into a fund that helps cover road construction and repairs across Texas.

The cost will be especially high for those who purchase a new electric vehicle and have to pay two years of registration, or $400, up front.

Texas agencies estimated in a 2020 report that the state lost an average of $200 per year in federal and state gasoline tax dollars when an electric vehicle replaced a gas-fueled one. The agencies called the fee “the most straightforward” remedy.

Gasoline taxes go to the State Highway Fund, which the Texas Department of Transportation calls its “primary funding source.” Electric vehicle drivers don’t pay those taxes, though, because they don’t use gasoline.

Still, EV drivers do use the roads. And while electric vehicles make up a tiny portion of cars in Texas for now, that fraction is expected to increase, raising concerns about state power grids in the years ahead.

Many environmental and consumer advocates agreed with lawmakers that EV drivers should pay into the highway fund but argued over how much, and debates over fairer vehicle taxes are surfacing abroad as well.

Some thought the state should set the fee lower to cover only the lost state tax dollars, rather than both the state and federal money, because federal officials may devise their own scheme. Others argued the state should charge nothing because EVs help reduce greenhouse gas emissions that drive climate change and can offer budget benefits for many owners.

“We urgently need to get more electric vehicles on the road,” said Luke Metzger, executive director of Environment Texas. “Any increased fee could create an additional barrier for Texans, and particularly more moderate- to low-income Texans, to make that transition.”

Tom “Smitty” Smith, the executive director of the Texas Electric Transportation Resources Alliance, advocated for a fee based on how many miles a person drove their electric car, which would better mirror how the gas taxes are assessed.

Texas has a limited incentive that could offset the cost: It offers rebates of up to $2,500 for up to 2,000 new hydrogen fuel cell, electric or hybrid vehicles every two years. Adrian Shelley, Public Citizen’s Texas office director, recommended that the state expand the rebates, noting that state-level EV benefits can be significant.

In the Houston area, dealer Steven Wolf isn’t worried about the fee deterring potential customers from buying the electric Ford F-150 Lightning and Mustang Mach-E vehicles he sells. Electric cars are already more expensive than comparable gasoline-fueled cars, and charging networks compete for drivers, he said.

 

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What 2018 Grid Edge Trends Reveal About 2019

2019 Grid Edge Trends highlight evolving demand response, DER orchestration, real-time operations, AMI data, and EV charging, as wholesale markets seek flexibility and resiliency amid tighter reserve margins and fossil baseload retirements.

 

Key Points

Shifts toward DER-enabled demand response and real-time, behind-the-meter flexibility.

✅ Real-time DER dispatch enhances reliability during tight reserves

✅ AMI and ICT improve forecasting, monitoring, and control of resources

✅ Demand response shifts toward aggregated behind-the-meter orchestration

 

Which grid edge trends will continue into 2019 as the digital grid matures and what kind of disruption is on the horizon in the coming year?

From advanced metering infrastructure endpoints to electric-vehicle chargers, grid edge venture capital investments to demand response events, hundreds of data points go into tracking new trends at the edge of the grid amid ongoing grid modernization discussions across utilities.

Trends across these variables tell a story of transition, but perhaps not yet transformation. Customers hold more power than ever before in 2019, with utilities and vendors innovating to take advantage of new opportunities behind the meter. Meanwhile, external factors can always throw things off-course, including the data center boom that is posing new power challenges, and reliability is top of mind in light of last year's extreme weather events. What does the 2018 data say about 2019?

For one thing, demand response evolved, enabled by new information and communications technology. Last year, wholesale market operators increasingly sought to leverage the dispatch of distributed energy resource flexibility in close to real time. Three independent system operators and regional transmission organizations called on demand response five times in total for relief in the summer of 2018, including the NYISO.

The demand response events called in the last 18 months send a clear message: Grid operators will continue to call events year-round. This story unfolds as reserve margins continue to tighten, fossil baseload generation retirements continue, and system operators are increasingly faced with proving the resiliency and reliability of their systems while efforts to invest in a smarter electricity infrastructure gain momentum across the country.

In 2019, the total amount of flexible demand response capacity for wholesale market participation will remain about the same. However, the way operators and aggregators are using demand response is changing as information and communications technology systems improve and utilities are using AI to adapt to electricity demands, allowing the behavior of resources to be more accurately forecasted, monitored and controlled.

These improvements are allowing customer-sited resources to offer  flexibility services closer to real-time operations and become more reactive to system needs. At the same time, traditional demand response will continue to evolve toward the orchestration of DERs as an aggregate flexible resource to better enable growing levels of renewable energy on the grid.

 

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Britain got its cleanest electricity ever during lockdown

UK Clean Electricity Record as wind, solar, and biomass boost renewable energy output, slashing carbon emissions and wholesale power prices during lockdown, while lower demand challenges grid balancing and drives a drop to 153 g/kWh.

 

Key Points

A milestone where wind, solar and biomass lifted renewables, cutting carbon intensity to 153 g/kWh during lockdown.

✅ Carbon intensity averaged 153 g/kWh in Q2 2020.

✅ Renewables output rose 32% via wind, solar, biomass.

✅ Wholesale power prices slumped 42% amid lower demand.

 

U.K electricity has never been cleaner. As wind, solar and biomass plants produced more power than ever in the second quarter, with a new wind generation record set, carbon emissions fell by a third from a year earlier, according to Drax Electric Insight’s quarterly report. Power prices slumped 42 per cent as demand plunged during lockdown. Total renewable energy output jumped 32 per cent in the period, as wind became the main source of electricity at times.

“The past few months have given the country a glimpse into the future for our power system, with higher levels of renewable energy, as wind led the power mix, and lower demand making for a difficult balancing act,”said  Iain Staffell, from Imperial College London and lead author of the report.

The findings of the report point to the impact energy efficiency can have on reducing emissions, as coal's share fell to record lows across the electricity system. Millions of people furloughed or working from home and shuttered shops up and down the country resulted in daily electricity demand dropping about 10% and being about four gigawatts lower than expected in the three months through June.

Average carbon emissions fell to a new low of 153 grams per kWh of electricity consumed over the quarter, as coal-free generation records were extended, even though low-carbon generation stalled in 2019, according to the report.

 

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Hydro One delivery rates go up

Hydro One Rate Hike reflects Ontario Energy Board approval for higher delivery charges, impacting seasonal customers more than residential classes, funding infrastructure upgrades like wood pole and transformer replacements across Ontario's medium-density service areas.

 

Key Points

The Hydro One rate hike is an OEB-approved delivery charge increase to fund upgrades, with impacts on seasonal users.

✅ OEB-approved delivery rate increases retroactive to 2018

✅ Seasonal customers see larger monthly bill impacts than residential

✅ Funds pole, transformer replacements and tree trimming work

 

Hydro One seasonal customers will face bigger increases in their bills than the utility's residential customers as a result of an Ontario Energy Board approval of a rate hike, a topic drawing attention from a utilities watchdog in other provinces as well.

Hydro One received permission to increase its delivery charge, as large projects like the Meaford hydro generation proposal are considered across Ontario, retroactive to last year.

It says it needs the money to maintain and upgrade its infrastructure, including efforts to adapt to climate change, much of which was installed in the 1950s.

The utility is notifying customers that new statements reflect higher delivery rates which were not charged in 2018 and the first half of this year, due to delay in receiving the OEB's permission, similar to delays that can follow an energy board recommendation in other jurisdictions.

The amount that customers' bills will increase by depends not only on how much electricity they use, but also on which rate class they belong to, as well as policy decisions affecting remote connections such as the First Nations electricity line in northern Ontario.

For seasonal customers such as summer cottage owners, the impact on a typical user's bill will be 2.9 per cent more per month for 2018, and 1.7 per cent per month for 2019.

There will be further increases of 1.0 per cent, 1.4 per cent and 1.1 per cent per month in 2020, 2021 and 2022 respectively. 

Typical residential customers will experience smaller increases or rate freezes over the same period.

In the residential medium density class, the rate changes are a 2.0 per cent increase for last year, a decrease of 0.5 per cent this year, and an increase of 0.5 per cent in 2021. There will be no increases in 2020 and 2022.

 

Seasonal Rate Class — Estimated bill impact per month

2018 - 2.9 %

2019 - 1.7%

2020 - 1.0%

2021 - 1.4%

2022 - 1.1%

 

Residential Medium Density Rate Class — Estimated bill impact per month

2018 - 2.0%

2019 - -0.5% decrease

2020 - 0.0%

2021 - 0.5%

2022 - 0.0%

A Hydro One spokesperson told tbnewswatch.com that over the next three years, the utility's upgrading plan includes reliability investments such as replacing more than 24,000 wood poles across the province as well as numerous transformers.

In the Thunder Bay area, the spokesperson said, some of the revenue generated by the higher delivery rates will cover the cost of replacing more than 180 poles and trimming hazardous trees around 3,200 kilometres of overhead power lines while sharing electrical safety tips with customers.

 

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Prepare for blackouts across the U.S. as summer takes hold

US Summer Grid Blackout Risk: NERC and FERC warn of strained reliability as drought, heat waves, and transmission constraints hit MISO, hydro, and renewables, elevating blackout exposure and highlighting demand response and storage solutions.

 

Key Points

A forecast of summer power shortfalls across the US grid, driven by heat, drought, transmission limits, and a changing resource mix.

✅ NERC and FERC warn of elevated blackout risk and reliability gaps.

✅ MISO region strained by drought, heat, and limited hydro.

✅ Mitigations: demand response, storage, and stronger transmission.

 

Just when it didn’t seem things couldn’t get worse — gasoline at $5 to $8 a gallon, supply shortages in everything from baby formula to new cars — comes the devastating news that many of us will endure electricity blackouts this summer, and that the U.S. has more blackouts than other developed nations according to one study.

The alarm was sounded by the nonprofit North American Electric Reliability Corp. and the Federal Energy Regulatory Commission, following a recent power grid report card highlighting vulnerabilities.

The North American electric grid is the largest machine on earth and the most complex, incorporating everything from the wonky pole you see at the roadside with a bird’s nest of wires to some of the most sophisticated engineering ever devised. It runs in real-time, even more so than the air traffic control system: All the airplanes in the sky don’t have to land at the same time, but electricity must be there at the flick of every switch.

Except it may not always be there this summer. Rod Kuckro, a respected energy journalist, says it depends on Mother Nature, with extreme weather impacts increasingly straining the grid, but the prognosis isn’t good.

Speaking on “White House Chronicle,” the weekly news and public affairs program on PBS that I host and produce, Kuckro said: “There is a confluence of factors that could affect energy supply across the majority of the (lower) 48 states. These are continued reduced hydroelectric production in the West, and the continued drought in the Southwest.”

The biggest threat to power supply, according to the NERC and the FERC, is in the vast central region, reaching from Manitoba in Canada, where grids are increasingly exposed to harsh weather in recent years, down to the Gulf of Mexico. It is served by the regional transmission organization, the Midcontinent Independent System Operator.

These operational entities are nonprofit companies that organize and distribute their regions’ bulk power for utilities. In California, it is the California Independent System Operator, working to keep the lights on as the state enters a new energy era; in the Mid-Atlantic, it is PJM; and in the Northeast, it is the New England System Independent Operator. They generate no power, but they control power flows and could initiate brownouts and blackouts.

With record storm activity and high temperatures predicted this summer, blackouts are likely to be deadly. The old, the young and the sick are all vulnerable. If the electric supply fails, with it goes everything from air conditioning to refrigeration to lights and even the ability to pump gas or access money from ATMs.

The United States, along with other modern nations, runs on electricity and when that falls short, it is catastrophic. It is chaos writ large, especially if the failure lasts more than a few hours.

On the same episode of “White House Chronicle,” Daniel Brooks, vice president of integrated grid and energy systems at the Electric Power Research Institute, also referred to a “confluence of factors” contributing to the impending electricity crisis. Brooks said, “We’re going through a significant change in terms of the energy mix and resources, and the way those resources behave under certain weather conditions.”

If power supply is stressed this summer, change in the generating mix will get a lot of political attention. At heart is the switch from fossil fuel generation to renewables. If there are power outages, a political storm will ensue. The Biden administration will be accused of speeding the switch to renewables, although the utilities don’t say that.

The weather is deteriorating, and, as experts note, the grid’s biggest challenge isn’t demand but climate change pressures that compound risks, and the grid is stretched in dealing with new realities as well as coping with old bugaboos, like the extreme difficulty in building transmission lines. Better transmission would relieve a lot of grid stress.

Peter Londa, president of Tantalus Systems, which helps its 260 utility customers digitize and cope with the new realities, explained some of the difficulties facing the utilities not only in the shifting sources of generation but also in the new shape of the electric demand. For example, he said, electric vehicles, particularly the much-awaited Ford F-150 Lightning pickup, could be an asset to homeowners and utilities, as California increasingly turns to batteries to stabilize its grid. During a blackout, their EVs could be used to power their homes for days. They could be a source of storage if thousands of owners signed up with their utilities in a storage program.

The fact is that utilities are facing three major shifts: in the generation to wind and solar, in customer demand, and especially in weather. Mother Nature is on a rampage and we all must adjust to that.
 

 

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