Wind farm threatened by climate penalty

Hydro One-Avista acquisition sparks Idaho regulatory scrutiny over foreign ownership, utility merger impacts, rate credits, and public interest, as FERC and FCC approvals advance and consumers question governance, service reliability, and long-term rate stability.

Key Points

A cross-border utility merger proposal with Idaho oversight, weighing foreign ownership, rates, and reliability.

✅ Idaho PUC review centers on public interest and rate impacts.

✅ FERC and FCC approvals granted; state decisions pending.

✅ Avista to retain name and Spokane HQ post-transaction.

“Please don’t sell us to Canada.” That refrain, or versions of it, is on full display at the Idaho Public Utilities Commission, which admittedly isn’t everyone’s go-to entertainment site. But it is vitally important for this reason: the first big test of the expansionist dreams of the politically tempest-tossed Hydro One, facing political risk as it navigates markets, rests with its successful acquisition of Avista Corp., provider of electric generation, transmission and distribution to retail customers spread from Oregon to Washington to Montana and Idaho and up into Alaska.

The proposed deal — announced last summer, but not yet consummated — marks the first time the publicly traded Hydro One has embarked upon the acquisition of a U.S. utility. And if Idahoans spread from Boise to Coeur d’Alene to Hayden are any indication, they are not at all happy with the idea of foreign ownership. Here’s Lisa McCumber, resident of Hayden: “I am stating my objection to this outrageous merger/takeover. Hydro One charges excessive fees to the people it provides for, this is a monopoly beyond even what we are used to. I, in no way, support or as a customer, agree with the merger of this multi-billion-dollar, foreign, company.”

#google#

Or here’s Debra Bentley from Coeur d’Alene: “Fewer things have more control over a nation than its power source. In an age where we are desperately trying to bring American companies back home and ‘Buy American’ is somewhat of a battle cry, how is it even possible that it would or could be allowed for this vital necessity … to be controlled by a foreign entity?”

Or here’s Spencer Hutchings from Sagle: “This is an incredibly bad idea.”

There are legion of similar emails from concerned consumers, and the Maine transmission line debate offers a parallel in public opposition.

The rationale for the deal? Last fall Hydro One CEO Mayo Schmidt testified before the Idaho commission, which regulates all gas, water and electricity providers in the state. “Hydro One is a pure-play transmission and distribution utility located solely within Ontario,” Schmidt told commissioners. “It seeks diversification both in terms of jurisdictions and service areas. The proposed Transaction with Avista achieves both goals by expanding Hydro One into the U.S. Pacific Northwest and expanding its operations to natural gas distribution and electric generation. The proposed Transaction with Avista will deliver the increased scale and benefits that come from being a larger player in the utility industry.”

Translation: now that it is a publicly traded entity, Hydro needs to demonstrate a growth curve to the investment community. The value to you and me? Arguable. This is a transaction framed as a benefit to shareholders, one that won’t cause harm to customers. Premier Kathleen Wynne is feeling the pain of selling off control of an essential asset. In his testimony to the commission, Schmidt noted that the Avista acquisition would take the province’s Hydro ownership to under 45 per cent. (The Electricity Act technically prevents the sale of shares that would take the government’s ownership position below 40 per cent, though acquisitions appear to allow further dilution. )

Stratospheric compensation, bench-marked against other chief executives who enjoy similarly outsized rewards, is part of this game. I have written about Schmidt’s unconscionable compensation before, but that was when he was making a relatively modest $4 million. Relative, that is, to his $6.2 million in 2017 compensation ($3.5 million of that is in the form of share based awards).

Should the acquisition of Avista be approved, amendments to the CIC, or change in control agreements, for certain named Avista executive officers will allow them to voluntarily terminate their employment without “good reason.” That includes Scott Morris, the company’s CEO, who will exit with severance of $6.9 million (U.S.) and additional benefits taking the total to a potential $15.7 million.

Back to the deal: cost savings over time could be achieved, Schmidt continued in his testimony, though he was unable to quantify those. The integration between the two companies, he promised, will be “seamless.” Retail customers in Idaho, Washington and Oregon would benefit from proposed “Rate Credits” equalling an estimated $15.8 million across five years, even as Hydro One seeks to redesign its bills in Ontario. Idahoans would see a one per cent rate decrease through that period.

While Avista would become a wholly owned Hydro subsidiary, it would retain its name, and its headquarters in Spokane, Wash. In the case of Idaho specifically, a proposed settlement in April, subject to final approval by the commission, stipulates agreements on everything from staffing to governance to community contributions.

Will that meet the test? It’s up to the commission to determine whether the proposed transaction will keep a lid on rates and is “consistent with the public interest.” Hydro One is hoping for a decision from regulatory agencies in all the named states by mid-August and a closing date by the end of September, though U.S. regulators can ultimately determine the fate of such deals. The Federal Energy Regulatory Commission granted its approval in January, followed last week by the Federal Communications Commission. Washington and Alaska have reached settlement agreements. These too are pending final state approvals.

The $5.3-billion deal (or $6.7 billion Canadian) is subject to ongoing hearings in Idaho, and elsewhere rate hikes face opposition as hearings begin. Members of the public are encouraged to have their say. The public comment deadline is June 27.

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ATCO Electric administrative penalty underscores an Alberta Utilities Commission probe into a sole-sourced First Nation contract, Jasper transmission line overpayments, and nondisclosure to ratepayers, sparked by a whistleblower and pending settlement approval.

Key Points

A $31M AUC settlement over alleged overpayment, sole-sourcing, and nondisclosure tied to a Jasper transmission line.

✅ $31M administrative penalty; AUC settlement pending approval

✅ Sole-sourced First Nation contract to protect related ATCO deal

✅ Overpayment concealed when seeking recovery from ratepayers

Regulated Alberta utility ATCO Electric has agreed to pay a $31 million administrative penalty after an Alberta Utilities Commission utilities watchdog investigation found it deliberately overpaid a First Nation group for work on a new transmission line, and then failed to disclose the reasons for it when it applied to be reimbursed by ratepayers for the extra cost.

An agreed statement of facts contained in a settlement agreement between ATCO Electric Ltd. and the commission's enforcement staff says the company sole-sourced a contract in 2018 for work that was necessary for an electric transmission line to Jasper, Alta., even as BC Hydro marked a Site C transmission line milestone elsewhere.

The company that won the contract was co-owned by the Simpcw First Nation in Barriere, B.C., while debates over a First Nations electricity line in Ontario underscore related issues, and the agreement says one of the reasons for the sole-sourcing was that another of Calgary-based ATCO's subsidiaries had a prior deal with the First Nation for infrastructure projects that included the provision of work camps on the Trans Mountain Pipeline expansion project.

The statement of facts says ATCO Electric feared that if it didn't grant the contract to the First Nation group and instead put the work to tender, amid legal pressures such as a treaty rights challenge, the group might back out of its deal with ATCO Structures and Logistics and partner with another, non-ATCO company on the Trans Mountain work.

The agreed statement says ATCO Electric paid several million dollars more than market value for some of the Jasper line work, while a Manitoba-Minnesota line delay was being weighed in another jurisdiction, and staff attempted to conceal the reasons for the overpayment when they sought to recover the extra money from Alberta consumers.

It states the investigation was sparked by a whistleblower, and notes the agreement between the utility commission's enforcement staff and ATCO Electric must still be approved by the Alberta Utilities Commission, a process comparable to hearings that consider oral traditional evidence on interprovincial lines.

The commission must be satisfied the settlement is in the public interest, a consideration often informed by concerns from Site C opponents in other regions.

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Global Coal Power Decline 2019 signals a record fall in coal-fired electricity as China plateaus, India dips, and the EU and US accelerate renewables, curbing carbon emissions and advancing the global energy transition.

Key Points

A record 2019 drop in global coal power as renewables rise and demand slows across China, India, the EU, and the US.

✅ 3% global fall in coal-fired electricity in 2019.

✅ China plateaus; India declines for first time in decades.

✅ EU and US shift to renewables and gas, cutting emissions.

The world’s use of coal-fired electricity is on track for its biggest annual fall on record this year after more than four decades of near-uninterrupted growth that has stoked the global climate crisis.

Data shows that coal-fired electricity is expected to fall by 3% in 2019, or more than the combined coal generation in Germany, Spain and the UK last year and could help stall the world’s rising carbon emissions this year.

The steepest global slump on record is likely to emerge in 2019 as India’s reliance on coal power falls for the first time in at least three decades this year, and China’s coal power demand plateaus, reflecting the broader global energy transition underway.

Both developing nations are using less coal-fired electricity due to slowing economic growth in Asia as well as the rise of cleaner energy alternatives. There is also expected to be unprecedented coal declines across the EU and the US as developed economies turn to clean forms of energy such as low-cost solar power to replace ageing coal plants.

In almost 40 years the world’s annual coal generation has fallen only twice before: in 2009, in the wake of the global financial crisis, and in 2015, following a slowdown in China’s coal plants amid rising levels of deadly air pollution.

The research was undertaken by the Centre for Research on Energy and Clean Air , the Institute for Energy Economics and Financial Analysis and the UK climate thinktank Sandbag.

The researchers found that China’s coal-fired power generation was flatlining, despite an increase in the number of coal plants being built, because they were running at record low rates. China builds the equivalent of one large new coal plant every two weeks, according to the report, but its coal plants run for only 48.6% of the time, compared with a global utilisation rate of 54% on average.

The findings come after a report from Global Energy Monitor found that the number of coal-fired power plants in the world is growing, because China is building new coal plants five times faster than the rest of the world is reducing their coal-fired power capacity.

The report found that in other countries coal-fired power capacity fell by 8GW in the 18 months to June but over the same period China increased its capacity by 42.9GW.

In a paper for the industry journal Carbon Brief, the researchers said: “A 3% reduction in power sector coal use could imply zero growth in global CO2 emissions, if emissions changes in other sectors mirror those during 2018.”

However, the authors of the report have warned that despite the record coal power slump the world’s use of coal remained far too high to meet the climate goals of the Paris agreement, and some countries are still seeing increases, such as Australia’s emissions rise amid increased pollution from electricity and transport.

The US – which is backing out of the Paris agreement – has made the deepest cuts to coal power of any developed country this year by shutting coal plants down in favour of gas power and renewable energy, with utilities such as Duke Energy facing investor pressure to disclose climate plans. By the end of August the US had reduced coal by almost 14% over the year compared with the same months in 2018.

The EU reported a record slump in coal-fired electricity use in the first half of the year of almost a fifth compared with the same months last year. This trend is expected to accelerate over the second half of the year to average a 23% fall over 2019 as a whole. The EU is using less coal power in favour of gas-fired electricity – which can have roughly half the carbon footprint of coal – and renewable energy, helped by policies such as the UK carbon tax that have slashed coal-fired generation.

We will not stay quiet on the escalating climate crisis and we recognise it as the defining issue of our lifetimes. The Guardian will give global heating, wildlife extinction and pollution the urgent attention they demand. Our independence means we can interrogate inaction by those in power. It means Guardian reporting will always be driven by scientific facts, never by commercial or political interests.

We believe that the problems we face on the climate crisis are systemic and that fundamental societal change is needed. We will keep reporting on the efforts of individuals and communities around the world who are fearlessly taking a stand for future generations and the preservation of human life on earth. We want their stories to inspire hope. We will also report back on our own progress as an organisation, as we take important steps to address our impact on the environment.

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Montana New Energy Economy integrates grid modernization, renewable energy, storage, and demand response to cut costs, create jobs, enable electric transportation, and reduce emissions through utility-scale efficiency, real-time markets, and distributed resources.

Key Points

Plan to modernize Montana's grid with renewables, storage and efficiency to lower costs, cut emissions and add jobs.

✅ Grid modernization enables real-time markets and demand response

✅ Utility-scale renewables paired with storage deliver firm power

✅ Efficiency and DERs cut peaks, costs, and pollution

Over the next decade, Montana ratepayers will likely invest over a billion dollars into what is now being called the new energy economy.

Not since Edison electrified a New York City neighborhood in 1882 have we had such an opportunity to rethink the way we commercially produce and consume electric energy.

Looking ahead, the modernization of Edison’s grid will lower the consumer costs, creating many thousands of permanent, well-paying jobs. It will prepare the grid for significant new loads like America going electric in transportation, and in doing so it will reduce a major source of air pollution known to directly threaten the core health of Montana and the planet.

Energy innovation makes our choices almost unrecognizable from the 1980s, when Montana last built a large, central-station power plant. Our future power plants will be smaller and more modular, efficient and less polluting — with some technologies approaching zero operating emissions.

The 21st Century grid will optimize how the supply and demand of electricity is managed across larger interconnected service areas. Utilities will interact more directly with their consumers, with utility trends guiding a new focus on providing a portfolio of energy services versus simply spinning an electric meter. Investments in utility-scale energy efficiency — LED streetlights, internet-connected thermostats, and tightening of commercial building envelopes among many — will allow consumers to directly save on their monthly bills, to improve their quality of life, and to help utilities reduce expensive and excessive peaks in demand.

The New Energy Economy will be built not of one single technology, but of many — distributed over a modernized grid across the West that approaches a real-time energy market, as provinces pursue market overhauls to adapt — connecting consumers, increasing competition, reducing cost and improving reliability.

Boldly leading the charge is a new and proven class of commercial generation powered by wind and solar energy, the latter of which employs advanced solid-state electronics, free fuel and no emissions or moving parts. Montana is blessed with wind and solar energy resources, so this is a Made-in-Montana energy choice. Note that these plants are typically paired with utility-scale energy storage investments — also an essential building block of the 21st century grid — to deliver firm, on-demand electric service.

Once considered new age and trendy, these production technologies are today competent and shovel-ready. Their adoption will build domestic energy independence. And, they are aggressively cost-competitive. For example, this year the company ISO New England — operator of a six-state grid covering all of New England — released an all-source bid for new production capacity. Unexpectedly, 100% of the winning bids were large solar electric power and storage projects, as coal and nuclear disruptions continue to shape markets. For the first time, no applications for fossil-fueled generation cleared auction.

By avoiding the burning of traditional fuels, the new energy technologies promise to offset and eventually eliminate the current 1,500 million metric tons of damaging greenhouse gases — one-quarter of the nation’s total — that are annually injected into the atmosphere by our nation’s current electric generation plants. The first step to solving the toughest and most expensive environmental issues of our day — be they costly wildfires or the regional drought that threatens Montana agriculture and outdoor recreation — is a thoughtful state energy policy, built around the new energy economy, that avoids pitfalls like the Wyoming clean energy bill now proposed.

Important potential investments not currently ready for prime time are also on the horizon, including small and highly efficient nuclear innovation in power plants — called small modular reactors (SMR) — designed to produce around-the-clock electric power with zero toxic emissions.

The nation’s first demonstration SMR plant is scheduled to be built sometime late this decade. Fingers are crossed for a good outcome. But until then, experts agree that big questions on the future commercial viability of nuclear remain unanswered: What will be SMR’s cost of electricity? Will it compete? Where will we source the refined fuel (most uranium is imported), and what will be the plan for its safe, permanent disposal?

So, what is Montana’s path forward? The short answer is: Hopefully, all of the above.

Key to Montana’s future investment success will be a respectful state planning process that learns from Texas grid improvements to bolster reliability.

Montanans deserve a smart and civil and bipartisan conversation to shape our new energy economy. There will be no need, nor place, for parties that barnstorm the state about "radical agendas" and partisan name calling – that just poisons the conversation, eliminates creative exchange and pulls us off task.

The task is to identify and vet good choices. It’s about permanently lowering energy costs to consumers. It’s about being business smart and business friendly. It’s about honoring the transition needs of our legacy energy communities. And, it’s about stewarding our world-class environment in earnest. That’s the job ahead.

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Zaporizhzhia Nuclear Plant Mines reported by IAEA at the Russian-occupied site: anti-personnel devices in a buffer zone, restricted areas; access limits to reactor rooftops and turbine halls heighten nuclear safety and security concerns in Ukraine.

Key Points

IAEA reports anti-personnel mines at Russian-held Zaporizhzhia, raising nuclear safety risks in buffer zones.

✅ IAEA observes mines in buffer zone at occupied site

✅ Restricted areas; no roof or turbine hall access granted

✅ Safety systems unaffected, but staff under pressure

The United Nations atomic watchdog said it saw anti-personnel mines at the site of Ukraine's Zaporizhzhia nuclear power plant which is occupied by Russian forces.

Europe's largest nuclear facility fell to Russian forces shortly after the invasion of Ukraine in February last year, as Moscow later sought to build power lines to reactivate it amid ongoing control of the area. Kyiv and Moscow have since accused each other of planning an incident at the site.

On July 23 International Atomic Energy Agency (IAEA) experts "saw some mines located in a buffer zone between the site's internal and external perimeter barriers," agency chief Rafael Grossi said in a statement on Monday.

The statement did not say how many mines the team had seen.

The devices were in "restricted areas" that operating plant personnel cannot access, Mr Grossi said, adding the IAEA's initial assessment was that any detonation "should not affect the site's nuclear safety and security systems".

Laying explosives at the site was "inconsistent with the IAEA safety standards and nuclear security guidance" and, amid controversial proposals on Ukraine's nuclear plants that have circulated internationally, created additional psychological pressure on staff, he added.

Ukrainians in Nikopol are out of water and within Russia's firing line. But Zaporizhzhia nuclear power plant could pose the biggest threat, even as Ukraine has resumed electricity exports to regional grids.

Last week the IAEA said its experts had carried out inspections at the plant, without "observing" the presence of any mines, although they had not been given access to the rooftops of the reactor buildings, while a possible agreement to curb attacks on plants was being discussed.

The IAEA had still not been given access to the roofs of the reactor buildings and their turbine halls, its latest statement said, even as a proposal to control Ukraine's nuclear plants drew scrutiny.

After falling into Russian hands, Europe's biggest power plant was targeted by gunfire and has been severed from the grid several times, raising nuclear risk warnings from the IAEA and others.

The six reactor units, which before the war produced around a fifth of Ukraine's electricity, have been shut down for months, prompting interest in wind power development as a harder-to-disrupt source.

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Nova Scotia Power solar charge proposes an $8/kW monthly system access fee on net metering customers, citing grid costs. UARB review, carbon credits, rate hikes, and solar industry impacts fuel political and consumer backlash.

Key Points

A proposed $8/kW monthly grid access fee on net metered solar customers, delayed to Feb 1, 2023, pending UARB review.

✅ $8/kW monthly system access fee on net metering

✅ Delay to Feb 1, 2023 after industry and political pushback

✅ UARB review; debate over grid costs and carbon credits

Nova Scotia Power has pushed back by a year the start date of a proposed new charge for customers who generate electricity and sell it back to the grid, following days of concern from the solar industry and politicians worried that it will damage the sector.

The company applied to the Nova Scotia Utility and Review Board (UARB) last week for various changes, including a "system access charge" of $8 per kilowatt monthly on net metered installations, and the province cannot order the utility to lower rates under current law. The vast majority of the province's 4,100 net metering customers are residential customers with solar power, according to the application. 

The proposed charge would have come into effect Tuesday if approved, but Nova Scotia Power said in a news release Tuesday it will change the date in its filing from Feb. 1, 2022, to Feb. 1, 2023.

"We understand that the solar industry was taken off guard," utility CEO Peter Gregg said in an interview.

"There could have been an opportunity to have more conversations in advance."

Gregg said the utility will meet with members of the solar industry over the next year to work on finding solutions that support the sector's growth, while addressing what NSP sees as an inequity in the net metering system.

NSP recognized that customers who choose solar invest a significant amount and pay for the electricity they use, but they don't pay for costs associated with accessing the electrical grid when they need energy, such as on cold winter evenings when the sun is not shining.

"I know that's hit a nerve, but it doesn't take away the fact that it is an issue," Gregg said.

He said this is an issue utilities are navigating around North America, where seasonal rate designs have sparked consumer backlash in New Brunswick, and NSP is open to hearing ideas for other models of charges or fees.

The utility's suggested system access charge closely resembles one proposed in California, which has also raised major concerns from the solar industry and been criticized by the likes of Elon Musk, and has parallels to Massachusetts solar demand charges as well.

Although the "solar profile" of Nova Scotia and California is very different, with far more solar customers in that state, and in other provinces such as Saskatchewan, NDP criticism of 8% hikes has intensified affordability debates, Gregg said the fundamental issues are the same.

For those with a typical 10-kilowatt solar system, which generates around $1,800 of electricity a year, the new charge would mean those customers would be required to pay $960 back to NSP. That would roughly double the length of time it takes for those customers to pay off their investment for the panels.

David Brushett, chair of Solar Nova Scotia, said he relayed concerns from solar installers and others in the industry to Gregg on Monday. 

Brushett said the year delay is a positive first step, but he is still calling on the province to take a strong stance against the application, which has led to customers cancelling their panel installations and companies considering layoffs.

"There's still an urgency to this situation that hasn't been addressed, and we need to kind of protect the industry," he said Tuesday.

NSP's original application proposed exempting net metering customers who enrolled before Feb. 1, 2022, from the charge for 25 years after they sign up. But any benefit would be lost if those customers sold their home, and the exemption wouldn't extend to the new buyers, said Brushett.

Carbon offsets missing from equation: industry
Brushett said NSP "completely ignored" the fact that it's getting free carbon offset credits from homeowners who use solar energy under the provincial cap and trade program.

If the net metering system continues as is, NSP has said non-solar customers would pay about $55 million between now and 2030. That number assumes about 2,000 people sign up for net metering each year over the next nine years.

When asked whether those carbon emission credits were factored into the calculations for the proposed charge, Gregg said, "I don't believe in the current structure it is, but it's something that certainly we'd be open to hearing about."

Brushett said his group is finalizing a legal response to NSP's proposal and has already filed an official complaint against the company with the UARB.

Base charge on actual electrical output: customer
At least one shareholder in NSP parent company Emera is considering selling his shares in response to the application.

Joe Hood, a shareholder from Middle Sackville, said the proposed charge won't apply to his existing 11.16-kilowatt solar system, but if it did, it would cost him $1,071 a year.

"I am offended that a company I would invest in would do this to the solar industry in Nova Scotia," he said.

According to his meter, Hood said he pushed 9,600 kilowatt hours of solar electricity to the grid last year— some only for a brief period, and all of which was used by his home by the end of the year.

Under the proposed charge, someone with one solar panel who goes away on vacation in the summer would push all their electricity to the grid, and be charged far less than someone with 10 panels who has used all their own power and hasn't pushed anything.

"Nova Scotia Power's argument is that it's an issue with the grid. Well, then it should be based on what touches the grid," Hood said.

Far from actually making the system fair for everyone, Hood said this charge places solar only in the hands of the super-rich or NSP, with projects like its community solar gardens in Amherst, N.S.

Green Party suggests legislation update
Nova Scotia's Green Party also said Tuesday that Gregg's arguments of fairness are misleading, echoing earlier premier opposition to a 14% hike on rates.

The party is calling for an update to the Electricity Act that would "prevent penalizing any activity that helps Nova Scotia reach its emissions target," aligning with calls to make the electricity system more accountable to residents.

In its application, NSP has also asked to increase electricity rates for residential customers by at least 10 per cent over the next three years, amid debate that culminated in a 14% rate hike approval by regulators. 

The company wants to maintain its nine per cent rate of return.

NSP expects to earn $153 million this year, $192 million in 2023, and $213 million in 2024 from its rate of return. 

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