Court sides with EPA in power plant case

By Associated Press


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A federal appeals court has sided with the U.S. Environmental Protection Agency, denying requests by environmentalists and the Arizona Public Service Co. to review a plan that limits certain emissions from a coal-fired power plant in northwestern New Mexico.

The utility, which operates the 2,040-megawatt Four Corners Power Plant, argued that the federal implementation plan finalized by EPA in 2007 was too restrictive. Environmentalists complained the plan did not take into account the region's air quality and that greater restrictions were needed to limit emissions.

The 10th U.S. Circuit Court of Appeals in Denver issued a 31-page ruling that found the EPA followed proper procedures in establishing the implementation plan.

"The EPA identified a regulatory need and enacted a source-specific federal plan to fill this gap. The EPA has neither relied on factors which Congress did not intend it to consider nor failed to consider any important aspect of the problem," the ruling states.

The court also vacated a regulation requiring that the plant adhere to dust control measures. Both EPA and Arizona Public Service had asked the court to remand the issue so EPA could take another look at the regulation.

Environmentalists have long been concerned about air quality in the Four Corners region, which is also home to the coal-fired San Juan Generating Station.

Mike Eisenfeld of the San Juan County Citizens Alliance said the Four Corners Power Plant is among the worst polluters when it comes to nitrogen oxide, which the federal plan limits along with sulfur dioxide, total particulate matter and opacity.

"I think it was a legal interpretation we're going to have to live with, but ultimately there should be a big question about a plant like Four Corners that was initially built in the 1960s and really has outlived its life," Eisenfeld said.

Steven Gotfried, a spokesman for APS, said the utility works hard to ensure the plant meets environmental standards. He added that APS was pleased with the ruling and plans to work with EPA.

The ruling stems from lawsuits filed by environmentalists and the utility, which sought flexibility in the administration of dust and opacity emission limits.

EPA uses opacity as an indicator of the amount of pollutants leaving a smokestack. The more particles that pass through a stack, the more light will be blocked, resulting in a higher opacity percentage.

Arizona Public Service had argued that it couldn't achieve the required 20 percent opacity, even when equipment was operating properly. However, the court said EPA provided a reasoned basis for the limit, saying it was necessary to ensure the plant is properly operated and maintained.

"We're going to do what we have to do," Gotfried said of meeting the requirement. "We have a long history of meeting or exceeding all applicable environmental regulations and we plan on doing so in the future."

Eisenfeld said he's hopeful the court's stance on opacity will result in fewer emissions at the plant.

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B.C. Hydro misled regulator: report

BC Hydro SAP Oversight Report assesses B.C. Utilities Commission findings on misleading testimony, governance failures, public funds oversight, IT project risk, compliance gaps, audit controls, ratepayer impacts, and regulatory accountability in major enterprise software decisions.

 

Key Points

A summary of BCUC findings on BC Hydro's SAP IT project oversight, governance lapses, and regulatory compliance.

✅ BCUC probed testimony, cost overruns, and governance failures

✅ Project split to avoid scrutiny; incomplete records and late corrections

✅ Reforms pledged: stronger business cases, compliance, audit controls

 

B.C. Hydro misled the province’s independent regulator about an expensive technology program, thereby avoiding scrutiny on how it spent millions of dollars in public money, according to a report by the B.C. Utilities Commission.

The Crown power corporation gave inaccurate testimony to regulators about the software it had chosen, called SAP, for an information technology project that has cost $197 million, said the report.

“The way the SAP decision was made prevented its appropriate scrutiny by B.C. Hydro’s board of directors and the BCUC, reflecting governance risks seen in Manitoba Hydro board changes in other jurisdictions,” the commission found.

“B.C. Hydro’s CEO and CFO and its (audit and risk management board committee) members did not exhibit good business judgment when reviewing and approving the SAP decision without an expenditure approval or business case, highlighting how board upheaval at Hydro One can carry market consequences.”

The report was the result of a complaint made in 2016 by then-opposition NDP MLA Adrian Dix, who alleged B.C. Hydro lied to the regulatory commission to try to get approval for a risky IT project in 2008 that then went over budget and resulted in the firing of Hydro’s chief information officer.

The commission spent two years investigating. Its report outlined how B.C. Hydro split the IT project into smaller components to avoid scrutiny, failed to produce the proper planning document when asked, didn’t disclose cost increases of up to $38 million, reflecting pressures seen at Manitoba Hydro's debt across the sector, gave incomplete testimony and did not quickly correct the record when it realized the mistakes.

“Essentially all of the things I asserted were substantiated, and so I’m pleased,” Dix, who is now minister of health, said on Monday. “I think ratepayers can be pleased with it, because even though it was an elaborate process, it involves hundreds of millions of spending by a public utility and it clearly required oversight.”

The BCUC stopped short of agreeing with Dix’s allegation that the errors were deliberate. Instead it pointed toward a culture at B.C. Hydro of confusion, misunderstanding and fear of dealing with the independent regulatory process.

“Therefore, the panel finds that there was a culture of reticence to inform the BCUC when there was doubt about something, even among individuals that understood or should have understood the role of the BCUC, a pattern that can fuel Hydro One investor concerns in comparable markets,” read the report.

“Because of this doubt and uncertainty among B.C. Hydro staff, the panel finds no evidence to support a finding that the BCUC was intentionally misled. The panel finds B.C. Hydro’s culture of reticence to be inappropriate.”

By law, B.C. Hydro is supposed to get approval by the commission for rate changes and major expenditures. Its officials are often put under oath when providing information.

B.C. Hydro apologized for its conduct in 2016. The Crown corporation said Monday it supports the commission’s findings and has made improvements to management of IT projects, including more rigorous business case analyses.

“We participated fully in the commission’s process and acknowledged throughout the inquiry that we could have performed better during the regulatory hearings in 2008,” said spokesperson Tanya Fish.

“Since then, we have taken steps to ensure we meet the highest standards of openness and transparency during regulatory proceedings, including implementing a (thorough) awareness program to support staff in providing transparent and accurate testimony at all times during a regulatory process.”

The Ministry of Energy, which is responsible for B.C. Hydro, said in a statement it accepts all of the BCUC recommendations and will include the findings as part of a review it is conducting into Hydro’s operations and finances, including its deferred operating costs for context, and regulatory oversight.

Dix, who is now grappling with complex IT project management in his Health Ministry, said the lessons learned by B.C. Hydro and outlined in the report are important.

“I think the report is useful reading on all those scores,” he said. “It’s a case study in what shouldn’t happen in a major IT project.”

 

 

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Hydro One shares jump 5.7 per cent after U.S. regulators reject $6.7B takeover

Hydro One Avista takeover rejection signals Washington regulators blocking a utility acquisition over governance risk, EPS dilution, and balance sheet impact, as investors applaud share price gains and a potential US$103M break fee.

 

Key Points

A regulator-led block of Hydro One's Avista bid, citing EPS dilution, balance sheet risk, and governance concerns.

✅ Washington denies approval; Idaho, Oregon decisions pending.

✅ EPS dilution avoided; balance sheet strength preserved.

✅ Shares rise 5.7%; US$103M break fee if deal collapses.

 

Opposition politicians may not like it but investors are applauding the rejection of Hydro One Ltd.'s $6.7-billion Avista takeover of U.S.-based utility Avista Corp.

Shares in the power company controlled by the Ontario government, which has also proposed a bill redesign to simplify statements, closed at $21.53, up $1.16 or 5.7 per cent, on the Toronto Stock Exchange on Thursday.

On Wednesday, Washington State regulators said they would not allow Ontario's largest utility to buy Avista over concerns about political risk that the provincial government, which owns 47 per cent of Hydro One's shares, might meddle in Avista's operations.

Financial analysts had predicted investors would welcome the news because the deal, announced in July 2017, would have eroded earnings per share and weakened Hydro One's balance sheet.

"The Washington regulator's denial of Avista is a positive development for the shares, in our opinion," said analyst Ben Pham of BMO Capital Markets in a report on Wednesday.

"While this may sound odd, we note that the Avista deal is expected to be EPS dilutive and result in a weaker balance sheet for (Hydro One). Not acquiring Avista and refocusing its attention on its core Ontario franchise ... along with related interprovincial arrangements such as the Ontario-Quebec electricity deal under discussion would likely be viewed positively if the deal ultimately breaks."

Decisions are yet to come from Idaho and Oregon state regulators, but Washington was probably the most important as the state contains customers making up about 60 per cent of Avista's rate base, Pham said.

He pointed out that a US$103-million break fee is to be paid to Avista if the deal collapses due to a failure to obtain regulatory approval.

CIBC analyst Robert Catellier raised his 12-month Hydro One target price by 25 cents and said many shareholders will feel "relieved" that the deal had failed.

He warned that the company's earnings power could deteriorate as the province seeks to reduce power bills by 12 per cent, despite an Ontario-Quebec hydro deal that may not lower costs.

 

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Alberta's Path to Clean Electricity

Alberta Clean Electricity Regulations face federal mandates and provincial autonomy, balancing greenhouse gas cuts, net-zero 2050 goals, and renewable energy adoption across wind, solar, and hydro, while protecting jobs and economic stability in energy communities.

 

Key Points

Rules to cut power emissions, boost renewables, and align Alberta with federal net-zero goals under federal mandates.

✅ Phases out coal and curbs greenhouse gas emissions

✅ Expands wind, solar, and hydro to diversify the grid

✅ Balances provincial autonomy with national climate targets

 

In a recent development, Alberta finds itself at a crossroads between provincial autonomy and federal mandates concerning federal clean electricity regulations that shape long-term planning. The province, known for its significant oil and gas industry, faces increasing pressure to align its energy policies with federal climate goals set by Ottawa.

The federal government, under the leadership of Environment Minister Steven Guilbeault, has proposed regulations aimed at reducing greenhouse gas emissions and transitioning towards a cleaner energy future that prioritizes clean grids and batteries across provinces. These regulations are part of Canada's broader commitment to combat climate change and achieve net-zero emissions by 2050.

The Federal Perspective

From Ottawa's standpoint, stringent regulations on Alberta's electricity sector are necessary to meet national climate targets. This includes measures to phase out coal-fired power plants and increase reliance on renewable energy sources such as wind, solar, and hydroelectric power. Minister Guilbeault emphasizes the importance of these regulations in mitigating Canada's carbon footprint and fostering sustainable development.

Alberta's Response

In contrast, Alberta has historically championed provincial autonomy in energy policy, leveraging its vast fossil fuel resources to drive economic growth. The province remains cautious about federal interventions that could potentially disrupt its energy sector, a cornerstone of its economy, especially amid changes to how electricity is produced and paid for now under discussion.

Premier Jason Kenney has expressed concerns over federal overreach, and his influence over electricity policy has shaped proposals in the legislature. He emphasizes the province's efforts in adopting cleaner technologies while balancing economic stability and environmental sustainability.

The Balancing Act

The challenge lies in finding a middle ground between federal imperatives and provincial priorities, as interprovincial disputes like B.C.'s export-restriction challenge complicate coordination. Alberta acknowledges the need to diversify its energy portfolio and reduce emissions but insists on preserving its jurisdiction over energy policy. The province has already made strides in renewable energy development, including investing in wind and solar projects alongside traditional energy sources.

Economic Implications

For Alberta, the transition to cleaner electricity carries significant economic implications as the electricity market heads for a reshuffle in the coming years. It entails navigating the complexities of energy transition, ensuring job retention, and fostering innovation in sustainable technologies. Critics argue that abrupt federal regulations could exacerbate economic hardships, particularly in communities reliant on the fossil fuel industry.

Moving Forward

As discussions continue between Alberta and Ottawa, finding common ground, including consideration of recent market change proposals from the province, remains essential. Collaborative efforts are necessary to develop tailored solutions that accommodate both environmental responsibilities and economic realities. This includes exploring incentives for renewable energy investment, supporting energy sector workers in transitioning to new industries, and leveraging Alberta's expertise in energy innovation.

Conclusion

Alberta's journey towards clean electricity regulation exemplifies the delicate balance between regional autonomy and federal oversight in Canada's complex federal system. While tensions persist between provincial and federal priorities, both levels of government share a common commitment to addressing climate change and advancing sustainable energy solutions.

The outcome of these negotiations will not only shape Alberta's energy landscape but also influence Canada's overall progress towards a greener future. Finding equitable solutions that respect provincial autonomy while achieving national environmental goals remains paramount in navigating this evolving policy landscape.

 

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Ameren, Safe Electricity urge safety near downed lines

Downed Power Line Vehicle Safety: Follow stay-in-the-car protocol, call 911, avoid live wires and utility poles, and use the bunny hop to escape only for fire. Electrical hazards demand emergency response caution.

 

Key Points

Stay in the car, call 911, and use a bunny hop escape only if fire threatens during downed power line incidents.

✅ Stay in vehicle; tell bystanders to keep back and call 911.

✅ Exit only for fire; jump clear and bunny hop away.

✅ Treat all downed lines as live; avoid paths to ground.

 

Ameren Illinois and Safe Electricity are urging the public to stay in their cars and call 911 in the event of an accident involving a power pole that brings down power lines on or around the car.

In a media simulation Tuesday at the Ameren facility on West Lafayette Avenue, Ameren Illinois employees demonstrated the proper way to react if a power line has fallen on or around a vehicle, as some utilities consider on-site staffing measures during outbreaks. Although the situation might seem rare, Illinois motorists alone hit 3,000 power poles each year, said Krista Lisser, communications director for Safe Energy.

“We want to get the word out that, if you hit a utility pole and a live wire falls on your vehicle, stay in your car,” Lisser said. “Our first reaction is we panic and think we need to get out, a sign of the electrical knowledge gap many people have. That’s not the case, you need to stay in because, when that live wire comes down, electricity is all around you. You may not see it, it may not arc, it may not flash, you may not know if there’s electricity there.”

Should someoneinvolved in such an accident see a good Samaritan attempting to help, he should try to tell the would-be rescuer to stay back to prevent injury to the Samaritan, Ameren Illinois Communications Executive Brian Bretsch said.

“We have seen instances where someone comes up and wants to help you,” Bretsch said. “You want to yell, ‘Please stay away from the vehicle. Everyone is OK. Please stay away.’ You’ll see … instances every now and then where the Samaritan will come up, create that path to ground and get injured, and there are also climbers seeking social media glory who put themselves at risk.”

The only instance in which one should exit a car in the vicinity of a downed wire is if the vehicle is on fire and there is no choice but to exit. In that situation, those in the car should “bunny hop” out of the car by jumping from the car without touching the car and the ground at the same time, Bretsch and Lisser said.

After the initial jump, those escaping the vehicle should continue jumping with both feet together and hands tucked in and away from danger until they are safely clear of the downed wire.

It’s important for everyone to be informed, because an encounter with a live wire could easily result in serious injury, as in the Hydro One worker injury case, or death, Lisser said.

“They’re so close to our roads, especially in our rural communities, that it’s quite a common occurrence,” Lisser said. “Just stay away from (downed lines), especially after storms and amid grid oversight warnings that highlight reliability risks … Always treat a downed line as a live wire. Never assume the line is dead.”

 

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San Diego Gas & Electric Orders Mitsubishi Power Emerald Storage Solution

SDG&E Mitsubishi Power Energy Storage adds a 10 MW/60 MWh BESS in Pala, boosting grid reliability, renewable integration, and flexibility with EMS and SCADA controls, LFP safety chemistry, NERC CIP compliance, UL 9540 standards.

 

Key Points

A 10 MW/60 MWh BESS for SDG&E in Pala that enhances grid reliability, renewables usage, and operational flexibility.

✅ Emerald EMS/SCADA meets NERC CIP, IEC/ISA 62443, NIST 800-53

✅ LFP chemistry with UL 9540 and UL 9540A safety compliance

✅ Adds capacity, energy, and ancillary services to CA grid

 

San Diego Gas & Electric Company (SDG&E), a regulated public utility that provides energy service to 3.7 million people, has awarded Mitsubishi Power an order for a 10 megawatt (MW) / 60 megawatt-hour (MWh) energy storage solution for its Pala-Gomez Creek Energy Storage Project in Pala, California. The battery energy storage system (BESS) will add capacity to help meet high energy demand, support grid reliability and operational flexibility, underscoring the broader benefits of energy storage now recognized by utilities, maximize use of renewable energy, and help prevent outages during peak demand.

The BESS project is Mitsubishi Power’s eighth in California, bringing total capacity to 280 MW / 1,140 MWh of storage to help meet California’s clean energy goals with reliable power to complement renewables, alongside emerging solutions like a California green hydrogen microgrid for added resilience.

Mitsubishi Power’s Emerald storage solution for SDG&E includes full turnkey design, engineering, procurement, and construction, as well as a 10-year long-term service agreement, aligning with CEC long-duration storage funding initiatives underway. It is scheduled to be online in early 2023.

The project will repower an existing energy storage site. It will employ Mitsubishi Power’s Emerald Integrated Plant Controller, which is an Energy Management System (EMS) and Supervisory Control and Data Acquisition (SCADA) system with real-time BESS operation and a monitoring/supervisory control platform. Mitsubishi Power leverages its decades of technology monitoring and diagnostics to turn data into actionable insights to maximize reliability, a priority as regions like Ontario increasingly rely on battery storage to meet rising demand. The Mitsubishi Power Emerald Integrated Plant Controller complies with North American Electric Reliability Corporation critical infrastructure protection (NERC CIP) standards and meets the highest security certification in the energy storage industry (IEC/ISA 62443, NIST 800-53) for maximum protection from cybersecurity risks and vulnerabilities.

For added physical safety, Mitsubishi Power’s solution employs lithium iron phosphate (LFP) battery chemistry, aligning with BESS adoption in New York where safety and performance are critical. Compared with other chemistries, LFP provides longer life and superior thermal stability and chemical stability, while meeting UL 9540 and UL 9540A safety standards.

Fernando Valero, Director, Advanced Clean Technology, SDG&E, said, “SDG&E is committed to achieving net-zero greenhouse gas emissions by 2045. We are increasing our portfolio of energy storage assets, including virtual power plant models, to reach this goal. These assets enhance grid reliability and operational flexibility while maximizing our use of abundant renewable energy sources in California.”

Tom Cornell, Senior Vice President, Energy Storage Solutions, Mitsubishi Power Americas, said, “As more and more renewables come online during the energy transition, BESS solutions are essential to support a reliable and stable grid. We look forward to providing SDG&E with our BESS solution to add capacity, energy, and ancillary services to California’s grid. Mitsubishi Power’s Emerald storage solutions are enabling a smarter and more resilient energy future for our customers in California and around the globe, with projects like an energy storage demonstration in India underscoring this momentum.”

 

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Idaho gets vast majority of electricity from renewables, almost half from hydropower

Idaho Renewable Energy 2018 saw over 80% in-state utility-scale power from hydropower, wind, solar, biomass, and geothermal, per EIA, with imports declining as Snake River Plain resources and Hells Canyon hydro lead.

 

Key Points

Idaho produced over 80% in-state power from renewables in 2018, led by hydropower, wind, solar, and biomass.

✅ Hydropower supplies about half of capacity; Hells Canyon leads.

✅ Wind provides nearly 20% of capacity along the Snake River Plain.

✅ Utility-scale solar surged since 2016; biomass and geothermal add output.

 

More than 80% of Idaho’s in-state utility-scale electricity generation came from renewable resources in 2018, behind only Vermont, according to recently released data from the U.S. Energy Information Administration’s Electric Power Monthly and broader trends showing that solar and wind reached about 10% of U.S. generation in the first half of 2018.

Idaho generated 17.4 million MWh of electricity in 2018, of which 14.2 million MWh came from renewable sources, while nationally January power generation jumped 9.3% year over year according to EIA. Idaho uses a variety of renewable resources to generate electricity:

Hydroelectricity. Idaho ranked seventh in the U.S. in electricity generation from hydropower in 2018. About half of Idaho’s electricity generating capacity is at hydroelectric power plants, and utility actions such as the Idaho Power settlement could influence future resource choices, and seven of the state’s 10 largest power plants (in terms of electricity generation) are hydroelectric facilities. The largest privately owned hydroelectric generating facility in the U.S. is a three-dam complex on the Snake River in Hells Canyon, the deepest river gorge in North America.

Wind. Nearly one-fifth of Idaho’s electricity generating capacity and one-sixth of its generation comes from wind turbines. Idaho has substantial wind energy potential, and nationally the EIA expects solar and wind to be larger sources this summer, although only a small percentage of the state's land area is well-suited for wind development. All of the state’s wind farms are located in the southern half of the state along the Snake River Plain.

Solar. Almost 5% of Idaho’s electricity generating capacity and 3% of its generation come from utility-scale solar facilities, and nationally over half of new capacity in 2023 will be solar according to projections. The state had no utility-scale solar generation as recently as 2015. Between 2016 and 2017, Idaho’s utility-scale capacity doubled and generation increased from 30,000 MWh to more than 450,000 MWh. Idaho’s small-scale solar capacity also doubled since 2017, generating 33,000 MWh in 2018.

Biomass. Biomass-fueled power plants account for about 2% of the state’s utility-scale electricity generating capacity and 3% of its generation, contributing to a broader U.S. shift where 40% of electricity came from non-fossil sources in 2021. Wood waste from the state’s forests is the primary fuel for these plants.

Geothermal. Idaho is one of seven states with utility-scale geothermal electricity generation. Idaho has one 18-MW geothermal facility, located near the state’s southern border with Utah.

EIA says Idaho requires significant electricity imports, totaling about one-third of demand, to meet its electricity needs. However, Idaho’s electricity imports have decreased over time, and Georgia's recent import levels illustrate how regional dynamics can vary. Almost all of these imports are from neighboring states, as electricity imports from Canada accounted for less than 0.1% of Idaho’s total electricity supply in 2017.

 

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