Governor Sebelius vetoes coal plant measure

By Wichita Eagle


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For the second year in a row, Gov. Kathleen Sebelius has vetoed a bill to authorize two major coal plants near Holcomb in western Kansas.

The veto comes as a Colorado utility that had planned to buy about half the power announced it is rethinking its involvement and may go for a more "green" energy strategy.

Sebelius, who successfully fended off the coal plants on environmental grounds last year, said in her veto message that nothing has happened since to change her opinion.

"The bill before me now attempts to take us down that failed path once again," Sebelius wrote in her veto message. "What was a bad idea last year, is an even worse idea today."

The plants are proposed by Hays-based Sunflower Electric Power Corp.

Tri-State Generation and Transmission, a Denver-based utility, had planned to buy about half of the power generated at the proposed plants to serve co-ops in Colorado, New Mexico, Nebraska and Wyoming.

It could still participate in the Kansas coal project if state lawmakers approve it, a company spokesman said. But until then, the utility will examine other options.

"Given the delays and the policy uncertainty in Kansas, the project won't be available to meet our members' near-term needs," said spokesman Lee Boughey.

Sunflower remains optimistic about the plants and the deal with Tri-State. Sunflower CEO Earl Watkins blamed some of Tri-State's reluctance on Sebelius' rejection of the project.

"Unfortunately, a small minority have been successful in obstructing our cooperative efforts to build the cleanest coal plants in the nation," Watkins said. "If this minority prevails, there is no question in my mind that electric prices will increase dramatically."

Sebelius said this is an especially bad time to contemplate new coal power because the Obama administration and Congress are likely to pass new laws penalizing coal plants that emit carbon dioxide, a gas linked to global warming.

Sebelius is awaiting U.S. Senate confirmation to join the Obama administration as health and human services secretary.

The proposed coal plants would produce 11 million tons of carbon dioxide each year in Kansas, while 1,200 of the 1,400 megawatts of power would be sold to out-of-state customers, Sebelius said.

Lawmakers are expected to mount an effort to override the veto when the Legislature returns for its wrap-up session later this month. Last year, the coal bill fell one vote shy in the House of the two-thirds majority needed to override.

This year's version, House Bill 2014, passed the House with only 74 votes, 10 shy of a veto-proof majority.

Rep. Don Myers, R-Derby, a member of the House Energy and Utilities Committee, said he thinks it will be difficult to garner the needed support for an override.

But, he added, "I do think we'll come a lot closer than when we passed it to start with."

Myers said he favors the coal plants primarily because they would bring jobs to western Kansas.

"They're just dying out there," he said.

He said he wasn't troubled by the amount of power to be sold out of state. He said that would be necessary to establish enough cash flow for Sunflower to borrow the money to build any power plant.

House Minority Leader Paul Davis, D-Lawrence, said he expects the coal plants to fail again and said that will slow movement toward renewable energy.

In an effort to peel off some environmentally oriented lawmakers, House leadership packed the bill with green-energy provisions that the governor had to veto to stop the coal plants.

"Republican leadership has once again assured Kansans that we will not make progress towards a badly needed comprehensive energy plan," Davis said in a statement. "The consequence of this is that Kansas will likely miss out on millions of dollars in renewable energy stimulus grants and we will continue to lose green-collar jobs to our surrounding states."

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Nuclear plants produce over half of Illinois electricity, almost faced retirement

Illinois Zero Emission Credits support nuclear plants via tradable credits tied to wholesale electricity prices, carbon costs, created by the Future Energy Jobs Bill to avert Exelon closures and sustain low-carbon power.

 

Key Points

State credits that value nuclear power's zero-carbon output, priced by market and carbon metrics to keep plants running.

✅ Pegged to wholesale prices, carbon costs, and state averages.

✅ Created by Future Energy Jobs Bill to prevent plant retirements.

✅ Supports Exelon Quad Cities and Clinton nuclear facilities.

 

Nuclear plants have produced over half of Illinois electricity generation since 2010, but the states two largest plants would have been retired amid the debate over saving nuclear plants if the state had not created a zero emission credit (ZEC) mechanism to support the facilities.

The two plants, Quad Cities and Clinton, collectively delivered more than 12 percent of the states electricity generation over the past several years. In May 2016, however, Exelon, the owner of the plants, announced that they had together lost over $800 million dollars over the previous six years and revealed plans to retire them in 2017 and 2018, similar to the Three Mile Island closure later announced for 2019 by its owner.

In December 2016, Illinois passed the Future Energy Jobs Bill, which established a zero emission credit (ZEC) mechanism

to support the plants financially. Exelon then cancelled its plans to retire the two facilities.

The ZEC is a tradable credit that represents the environmental attributes of one megawatt-hour of energy produced from the states nuclear plants. Its price is based on a number of factors that include wholesale electricity market prices, nuclear generation costs, state average market prices, and estimated costs of the long-term effects of carbon dioxide emissions.

The bill is set to take effect in June, but faces multiple court challenges as some utilities have expressed concerns that the ZEC violates the commerce clause and affects federal authority to regulate wholesale energy prices, amid gas-fired competition in nearby markets that shapes the revenue outlook.

Illinois ranks first in the United States for both generating capacity and net electricity generation from nuclear power, a resource many see as essential for net-zero emissions goals, and accounts for approximately one-eighth of the nuclear power generation in the nation.

 

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U.S. Residents Averaged Fewer Power Outages in 2022

2022 U.S. Power Outage Statistics show lower SAIDI as fewer major events hit, with SAIFI trends, electric reliability, outage duration and frequency shaped by hurricanes, winter storms, vegetation, and utility practices across states.

 

Key Points

They report SAIDI and SAIFI for 2022, showing outage duration, frequency, and impacts of major weather events.

✅ 2022 SAIDI averaged 5.6 hours; SAIFI averaged 1.4 interruptions.

✅ Fewer major events lowered outage duration versus 2021.

✅ Hurricanes and winter storms drove long outages in several states.

 

In 2022, U.S. electricity consumers on average experienced about 5.5 hours of power disruptions, a decrease from nearly two hours compared to 2021. This information comes from the latest Annual Electric Power Industry Report. The reduction in yearly power interruptions primarily resulted from fewer significant events in 2022 compared to the previous year, and utility disaster planning continues to support grid resilience as severe weather persists.

Since 2013, excluding major events, the annual average duration of power interruptions has consistently hovered around two hours. Factors contributing to major power disruptions include weather-related incidents, vegetation interference near power lines, and specific utility practices, while pandemic-related grid operations influenced workforce planning more than outage frequency. To assess the reliability of U.S. electric utilities, two key indexes are utilized:

  • The System Average Interruption Duration Index (SAIDI) calculates the total length (in hours) an average customer endures non-brief power interruptions over a year.
  • The System Average Interruption Frequency Index (SAIFI) tracks the number of times interruptions occur.

The influence of major events on electrical reliability is gauged by comparing affected states' SAIDI and SAIFI values against the U.S. average, which was 5.6 hours of outages and 1.4 outages per customer in 2022. The year witnessed 18 weather-related disasters in the U.S., each resulting in over $1 billion in damages, and COVID-19 grid assessments indicated the electricity system was largely safe from pandemic impacts. Noteworthy major events include:

  • Hurricane Ian in September 2022, leaving over 2.6 million Floridian customers without electricity, with restoration in some areas taking weeks rather than days.
  • Hurricane Nicole in November 2022, causing over 300,000 Florida customers to lose power.
  • Winter Storm Elliott in December 2022, affecting over 1.5 million customers in multiple states including Texas where utilities struggled after Hurricane Harvey to restore service, and Florida, and bringing up to four feet of snow in parts of New York.

In 2022, states like Florida, West Virginia, Maine, Vermont, and New Hampshire experienced the most prolonged power interruptions, with New Hampshire averaging 10.3 hours and Florida 19.1 hours, and FPL's Irma storm response illustrates how restoration can take days or weeks in severe cases. Conversely, the District of Columbia, Delaware, Rhode Island, Nebraska, and Iowa had the shortest total interruptions, with the District of Columbia averaging just 34 minutes and Iowa 85 minutes.

The frequency of outages, unlike their duration, is more often linked to non-major events. Across the nation, Alaska recorded the highest number of power disruptions per customer (averaging 3.5), followed by several heavily forested states like Tennessee and Maine. Power outages due to falling tree branches are common, particularly during winter storms that burden tree limbs and power lines, as seen in a North Seattle outage affecting 13,000 customers. The District of Columbia stood out with the shortest and fewest outages per customer.

 

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NTPC bags order to supply 300 MW electricity to Bangladesh

NTPC Bangladesh Power Supply Tender sees NVVN win 300 MW, long-term cross-border electricity trade to BPDB, enabled by 500 MW HVDC interconnection; rivals included Adani, PTC, and Sembcorp in the competitive bidding process.

 

Key Points

It is NTPC's NVVN win to supply 300 MW to Bangladesh's BPDB for 15 years via a 500 MW HVDC link.

✅ NVVN selected as L1 for short and long-term supply

✅ 300 MW to BPDB; delivery via India-Bangladesh HVDC link

✅ Competing bidders: Adani, PTC, Sembcorp

 

NTPC, India’s biggest electricity producer in a nation that is now the third-largest electricity producer globally, on Tuesday said it has won a tender to supply 300 megawatts (MW) of electricity to Bangladesh for 15 years.

Bangladesh Power Development Board (BPDP), in a market where Bangladesh's nuclear power is expanding with IAEA assistance, had invited tenders for supply of 500 MW power from India for short term (1 June, 2018 to 31 December, 2019) and long term (1 January, 2020 to 31 May, 2033). NTPC Vidyut Vyapar Nigam (NVVN), Adani Group, PTC and Singapore-bases Sembcorp submitted bids by the scheduled date of 11 January.

Financial bid was opened on 11 February, the company said in a statement, amid rising electricity prices domestically. “NVVN, wholly-owned subsidiary of NTPC Limited, emerged as successful bidder (L1), both in short term and long term for 300 MW power,” it said.

Without giving details of the rate at which power will be supplied, NTPC said supply of electricity is likely to commence from June 2018 after commissioning of 500 MW HVDC inter-connection project between India and Bangladesh, and as the government advances nuclear power initiatives to bolster capacity in the sector. India currently exports approximately 600 MW electricity to Bangladesh even as authorities weigh coal rationing measures to meet surging demand domestically.

 

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Nova Scotia regulator approves 14% electricity rate hike, defying premier

Nova Scotia Power Rate Increase 2023-2024 approved by the UARB lifts electricity rates 14 percent, citing fuel costs and investments, despite Bill 212; includes ROE 9 percent, decarbonization deferral, and a storm cost recovery rider.

 

Key Points

An approved UARB rate case raising electricity bills about 14% over 2023-2024, with ROE 9% and cost recovery tools.

✅ UARB approves average 6.9% annual increases for 2023 and 2024.

✅ Maintains 9% ROE; sets storm cost rider trial and decarbonization deferral.

✅ Government opposed via Bill 212, but settlement mostly upheld.

 

Nova Scotia regulators approved a 14 per cent electricity rate hike on Thursday, defying calls by Premier Tim Houston to reject the increase.

Rates will rise on average by 6.9 per cent each year in 2023 and 2024.

In Newfoundland and Labrador, the NL Consumer Advocate called an 18 per cent electricity rate hike unacceptable amid affordability concerns.

The Nova Scotia Utility and Review Board (UARB) issued a 203-page decision ratifying most of the elements in a settlement agreement reached between Nova Scotia Power and customer groups after Houston's government legislated a rate, spending and profit cap on the utility in November.

The board said approval was in the public interest and the increase is "reasonable and appropriate."

"The board cannot simply disallow N.S. Power's reasonable costs to make rates more affordable. These principles ensure fair rates and the financial health of a utility so it can continue to invest in the system providing services to its customers," the three-member panel wrote.

"While the board can (and has) disallowed costs found to be imprudent or unreasonable, absent such a finding, N.S. Power's costs must be reflected in the rates."

In addition to the 14 per cent hike, the board maintained Nova Scotia Power's current return on equity of 9 per cent, with an earnings band of 8.75 to 9.25 per cent. It agreed in principle to establish a decarbonization deferral account to pay for the retirement of coal plants and related decommissioning costs, and implemented a storm cost recovery rider for a three-year trial period.

The board rejected several items in the agreement, including rolling some Maritime Link transmission capital projects into consumers' rates.

Nova Scotia Power welcomed the ruling in a statement, describing it as "the culmination of an extensive and transparent regulatory process over the past year."

Natural Resources and Renewables Minister Tory Rushton, who has said the government cannot order lower power rates in Nova Scotia, stated the UARB decision was not what the government wanted, but he did not indicate the government has any plans to bring forward legislation to overturn it. 

"We're disappointed by the decision today. We've always been very clear that we were standing by ratepayers right from the get-go but we also respect the independent body of the UARB and their decision today."


Pressure from the province
Houston claimed the settlement breached his government's legislation, known as Bill 212 in Nova Scotia, which he said was intended to protect ratepayers. It capped rates to cover non-fuel costs by 1.8 per cent. It did not cap rates to cover fuel costs or energy efficiency programs.

Bill 212 was passed after the board concluded weeks of public hearings into Nova Scotia Power's request for an electricity rate increase, its first general rate application in 10 years. Nova Scotia Power is a subsidiary of Halifax-based Emera, which is a publicly traded company.

The legislation triggered credit downgrades from two credit rating agencies who said it compromised the independence of the Nova Scotia Utility and Review Board.

In Newfoundland and Labrador, electricity users have begun paying for Muskrat Falls as project costs flow through rates, highlighting broader pressures on Atlantic Canada utilities.

In its decision, the board accepted that legislation was intended to protect ratepayers but did not preclude increases in rates.

"Given the exclusion of fuel and purchased power costs when these were expected to cause significant upward pressure on rates, it also did not preclude large increases in rates. Instead, the protection afforded by the Public Utilities Act amendments appears to be focused on N.S. Power's non-fuel costs, with several amendments targeting N.S. Power's cost of capital and earnings."

The board noted the province was the only intervenor in the rate case to object to the settlement.


Opposition reaction
Rushton said despite the outcome, Bill 212 achieved its goal, which was to protect ratepayers.

"Without Bill 212 the rates would have actually been higher," he said. "It would have double-digit rates for this year and next year and now it's single digits."

NDP Leader Claudia Chender said the end result is that Nova Scotians are still facing "incredibly unaffordable power."

Similar criticism emerged in Saskatchewan after an 8 per cent SaskPower increase, which the NDP opposed during provincial debates.

"It's really unfortunate for a lot of Nova Scotians who are heading into a freezing weekend where heat is not optional."

Chender said a different legislative approach is needed to change the regulatory system, and more needs to be done to help people pay their electricity bills.

Liberal MLA Kelly Regan echoed that sentiment.

"There are lots of people who can absorb this. There are a lot of people who cannot, and those are the people that we should be worried about right now. This is why we've been saying all along the government needs to actually give money directly to Nova Scotians who need help with power rates."

Rushton said the government has introduced programs to help Nova Scotians pay for heat, including raising the income threshold to access the Heating Assistance Rebate Program and creating incentives to install heat pumps.

Elsewhere, some governments have provided a lump-sum credit on electricity bills to ease short-term costs for households.

 

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N.S. abandons Atlantic Loop, will increase wind and solar energy projects

Nova Scotia Clean Power Plan 2030 pivots from the Atlantic Loop, scaling wind and solar, leveraging Muskrat Falls via the Maritime Link, adding battery storage and transmission upgrades to decarbonize grid and retire coal.

 

Key Points

Nova Scotia's 2030 roadmap to replace coal with wind, solar, hydro imports, storage, and grid upgrades.

✅ 1,000 MW onshore wind to supply 50% by 2030

✅ Battery storage sites and New Brunswick transmission upgrades

✅ Continued Muskrat Falls imports via Maritime Link

 

Nova Scotia is abandoning the proposed Atlantic Loop in its plan to decarbonize its electrical grid by 2030 amid broader discussions about independent grid planning nationwide, Natural Resources and Renewables Minister Tory Rushton has announced.

The province unveiled its clean power plan calling for 30 per cent more wind power and five per cent more solar energy in the Nova Scotia power grid over the coming years. Nova Scotia's plan relies on continued imports of hydroelectricity from the Muskrat Falls project in Labrador via the Emera-owned Maritime Link.

Right now Nova Scotia generates 60 per cent of its electricity by burning fossil fuels, mostly coal, and some increased use of biomass has also factored into the mix. Nova Scotia Power must close its coal plants by 2030 when 80 per cent of electricity must come from renewable sources in order reduce greenhouse gas emissions causing climate changes.

Critics have urged reducing biomass use in electricity generation across the province.

The clean power plan calls for an additional 1,000 megawatts of onshore wind by 2030 which would then generate 50 per cent of the the province's electricity, while also advancing tidal energy in the Bay of Fundy as a complementary source.    

"We're taking the things already know and can capitalize on while we build them here in Nova Scotia," said Rushton, "More importantly, we're doing it at a lower rate so the ratepayers of Nova Scotia aren't going to bear the brunt of a piece of equipment that's designed and built and staying in Quebec."

The province says it can meet its green energy targets without importing Quebec hydro through the Atlantic loop. It would have brought hydroelectric power from Quebec into New Brunswick and Nova Scotia via upgraded transmission links. But the government said the cost is prohibitive, jumping to $9 billion from nearly $3 billion three years ago with no guarantee of a secure supply of power from Quebec.

"The loop is not viable for 2030. It is not necessary to achieve our goal," said David Miller, the provincial clean energy director. 

Miller said the cost of $250 to $300 per megawatt hour was five times higher than domestic wind supply.

Some of the provincial plan includes three new battery storage sites and expanding the transmission link with New Brunswick. Both were Nova Scotia Power projects paused by the company after the Houston government imposed a cap on the utility's rate increased in the fall of 2022.

The province said building the 345-kilovolt transmission line between Truro, N.S., and Salisbury, N.B., and an extension to the Point Lepreau Nuclear Generating Station, as well as aligning with NB Power deals for Quebec electricity underway, would enable greater access to energy markets.

Miller says Nova Scotia Power has revived both.

Nova Scotia Power did not comment on the new plan, but Rushton spoke for the company.

"All indications I've had is Nova Scotia Power is on board for what is taking place here today," he said.

 

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Washington AG Leads Legal Challenge Against Trump’s Energy Emergency

Washington-Led Lawsuit Against Energy Emergency challenges President Trump's executive order, citing state rights, environmental reviews, permitting, and federal overreach; coalition argues record energy output undermines emergency claims in Seattle federal court.

 

Key Points

Multistate suit to void Trump's energy emergency, alleging federal overreach and weakened environmental safeguards.

? Challenges executive order's legal basis and scope

? Claims expedited permitting skirts environmental reviews

? Seeks to halt emergency permits for non-emergencies

 

In a significant legal move, Washington State Attorney General Nick Brown has spearheaded a coalition of 15 states in filing a lawsuit against President Donald Trump's executive order declaring a national energy emergency. The lawsuit, filed in federal court in Seattle on May 9, 2025, challenges the legality of the emergency declaration, which aims to expedite permitting processes for fossil fuel projects in pursuit of an energy dominance vision by bypassing key environmental reviews.

Background of the Energy Emergency Declaration

President Trump's executive order, issued on January 20, 2025, asserts that the United States faces an inadequate and unreliable energy grid, particularly affecting the Northeast and West Coast regions. The order directs federal agencies, including the Army Corps of Engineers and the Department of the Interior, to utilize "any lawful emergency authorities" to facilitate the development of domestic energy resources, with a focus on oil, gas, and coal projects. This includes expediting reviews under the Clean Water Act, Endangered Species Act, the National Environmental Policy Act, and the National Historic Preservation Act, potentially reducing public input and environmental oversight.

Legal Grounds for the Lawsuit

The coalition of states, led by Washington and California, argues that the emergency declaration is an overreach of presidential authority, echoing disputes over the Affordable Clean Energy rule in federal courts. They contend that U.S. energy production is already at record levels, and the declaration undermines state rights and environmental protections. The lawsuit seeks to have the executive order declared unlawful and to halt the issuance of emergency permits for non-emergency projects. 

Implications for Environmental Protections

Critics of the energy emergency declaration express concern that it could lead to significant environmental degradation. By expediting permitting processes, including geothermal permitting, and reducing public participation, the order may allow projects to proceed without adequate consideration of their impact on water quality, wildlife habitats, and cultural resources. Environmental advocates argue that such actions could set a dangerous precedent, enabling future administrations to bypass essential environmental safeguards under the guise of national emergencies, even as the EPA advances new pollution limits for coal and gas plants to address the climate crisis.

Political and Legal Reactions

The Trump administration defends the executive order, asserting that the president has the authority to declare national emergencies and that the energy emergency is necessary to address perceived deficiencies in the nation's energy infrastructure and potential electricity pricing changes debated by industry groups. However, legal experts suggest that the broad application of emergency powers in this context may face challenges in court. The outcome of the lawsuit could have significant implications for the balance of power between state and federal authorities, as well as the future of environmental regulations in the United States.

The legal challenge led by Washington State Attorney General Nick Brown represents a critical juncture in the ongoing debate over energy policy and environmental protection. As the lawsuit progresses through the courts, it will likely serve as a bellwether for future conflicts between state and federal governments regarding the scope of executive authority and the preservation of environmental standards, amid ongoing efforts to expand uranium and nuclear energy programs nationwide. The outcome may set a precedent for how national emergencies are declared and managed, particularly concerning their impact on state governance and environmental laws.

 

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