U.S. court upholds power plant cooling water rule

By Reuters


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The U.S. Environmental Protection Agency can compare costs with benefits to determine the technology that must be used at power plant water-cooling structures, the Supreme Court ruled in a setback for those seeking greater protection for aquatic life.

By a 6-3 vote, the high court handed a victory to the EPA, Entergy Corp, units of Public Service Enterprise Group Inc and the Utility Water Act Group, which consists of individual energy companies that operate power plants.

The justices overturned a ruling by a U.S. appeals court in New York that the federal clean water law does not permit the EPA to consider the cost-benefit relationship in deciding the best technology available to minimize adverse environmental impact.

Electric power plants use billions of gallons of water each day from bays, rivers, lakes, oceans and other waterways for cooling of their facilities.

The court upheld a rule by the EPA in 2004 that set requirements for intake structures at large, existing facilities in an effort to protect fish, shellfish and other aquatic organisms from being harmed or killed.

The flow of water into the plants traps large aquatic organisms against grills or screens and draws smaller organisms into the cooling mechanism.

The technologies selected by the EPA include relocation of the intakes, fine-mesh screens, velocity caps, larger intakes to decrease the intake velocity and barrier nets.

The rule affected about 550 facilities that account for about 40 percent of the nation's energy production.

The EPA rejected stricter proposals, like requiring existing plants to use closed-cycle cooling technology, which reuses withdrawn water and which would have cost more than $3.5 billion a year nationwide.

The rule was challenged in court by environmental groups and by the states of Connecticut, Delaware, New Jersey, New York, Massachusetts and Rhode Island on the grounds it was not strict enough.

Writing for the court majority, Justice Antonin Scalia said the EPA permissibly relied on cost-benefit analysis in setting the national performance standards as part of the regulations.

Justice Stephen Breyer agreed with the majority that the law gives the EPA the authority to compare costs and benefits, but added he is not convinced the EPA has successfully explained the basis for the change.

Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg dissented, saying the law prohibited the EPA's use of cost-benefit analysis when setting regulatory standards. "The court unsettles the scheme Congress established," Stevens wrote.

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California’s Solar Power Cost Shift: A Misguided Policy Threatening Energy Equity

California Rooftop Solar Cost Shift examines PG&E rate hikes, net metering changes, and utility infrastructure spending impacts on low-income households, distributed generation, and clean energy adoption, potentially raising bills and undermining grid resilience.

 

Key Points

A claim that rooftop solar shifts fixed grid costs to others; critics cite PG&E rates, avoided costs, and impacts.

✅ PG&E rates outpace national average, underscoring cost drivers.

✅ Net metering cuts risk burdening low- and middle-income homes.

✅ Distributed generation avoids infrastructure spend and grid strain.

 

California is grappling with soaring electricity prices across the state, with Pacific Gas & Electric (PG&E) rates more than double the national average and increasing at an average of 12.5% annually over the past six years. In response, Governor Gavin Newsom issued an executive order directing state energy agencies to identify ways to reduce power costs. However, recent policy shifts targeting rooftop solar users may exacerbate the problem rather than alleviate it.

The "Cost Shift" Theory

A central justification for these pricing changes is the "cost shift" theory. This theory posits that homeowners with rooftop solar panels reduce their electricity consumption from the grid, thereby shifting the fixed costs of maintaining and operating the electrical grid onto non-solar customers. Proponents argue that this leads to higher rates for those without solar installations.

However, this theory is based on a flawed assumption: that PG&E owns 100% of the electricity generated by its customers and is entitled to full profits even for energy it does not deliver. In reality, rooftop solar users supply only about half of their energy needs and still pay for the rest. Moreover, their investments in solar infrastructure reduce grid strain and save ratepayers billions by avoiding costly infrastructure projects and reducing energy demand growth, aligning with efforts to revamp electricity rates to clean the grid as well.

Impact on Low- and Middle-Income Households

The majority of rooftop solar users are low- and middle-income households. These individuals often invest in solar panels to lower their energy bills and reduce their carbon footprint. Policy changes that undermine the financial viability of rooftop solar disproportionately affect these communities, and efforts to overturn income-based charges add uncertainty about affordability and access.

For instance, Assembly Bill 942 proposes to retroactively alter contracts for millions of solar consumers, cutting the compensation they receive from providing energy to the grid, raising questions about major changes to your electric bill that could follow if their home is sold or transferred. This would force those with solar leases—predominantly lower-income individuals—to buy out their contracts when selling their homes, potentially incurring significant financial burdens.

The Real Drivers of Rising Energy Costs

While rooftop solar users are being blamed for rising electricity rates, calls for action have mounted as the true culprits lie elsewhere. Unchecked utility infrastructure spending has been a significant factor in escalating costs. For example, PG&E's rates have increased rapidly, yet the utility's spending on infrastructure projects has often been criticized for inefficiency and lack of accountability. Instead of targeting solar users, policymakers should scrutinize utility profit motives and infrastructure investments to identify areas where costs can be reduced without sacrificing service quality.

California's approach to addressing rising electricity costs by targeting rooftop solar users is misguided. The "cost shift" theory is based on flawed assumptions and overlooks the substantial benefits that rooftop solar provides to the grid and ratepayers. To achieve a sustainable and equitable energy future, the state must focus on controlling utility spending, promoting clean energy access for all, especially as it exports its energy policies across the West, and ensuring that policies support—not undermine—the adoption of renewable energy technologies.

 

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France Demonstrates the Role of Nuclear Power Plants

France Nuclear Power Strategy illustrates a low-carbon, reliable baseload complementing renewables in the energy transition, enhancing grid reliability, energy security, and emissions reduction, offering actionable lessons for Germany on infrastructure, policy, and public acceptance.

 

Key Points

France's nuclear strategy is a low-carbon baseload model supporting renewables, grid reliability, and energy security.

✅ Stable low-carbon baseload complements intermittent renewables

✅ Enhances grid reliability and national energy security

✅ Requires long-term investment, safety, and waste management

 

In recent months, France has showcased the critical role that nuclear power plants can play in an energy transition, offering valuable lessons for Germany and other countries grappling with their own energy challenges. As Europe continues to navigate its path towards a sustainable and reliable energy system, France's experience with nuclear energy underscores its potential benefits and the complexities involved, including outage risks in France that operators must manage effectively.

France, a long-time proponent of nuclear energy, generates about 70% of its electricity from nuclear power, making it one of the most nuclear-dependent countries in the world. This high reliance on nuclear energy has allowed France to maintain a stable and low-carbon electricity supply, which is increasingly significant as nations aim to reduce greenhouse gas emissions, even as Europe's nuclear capacity declines in several markets, and combat climate change.

Recent events in France have highlighted several key aspects of nuclear power's role in energy transition:

  1. Reliability and Stability: During periods of high renewable energy generation or extreme weather events, nuclear power plants have proven to be a stable and reliable source of electricity. Unlike solar and wind power, which are intermittent and depend on weather conditions, nuclear plants provide a consistent and continuous supply of power. This stability is crucial for maintaining grid reliability and ensuring that energy demand is met even when renewable sources are not producing electricity.

  2. Low Carbon Footprint: France’s commitment to nuclear energy has significantly contributed to its low carbon emissions. By relying heavily on nuclear power, France has managed to reduce its greenhouse gas emissions substantially compared to many other countries. This achievement is particularly relevant as Europe strives to meet ambitious climate targets, with debates over a nuclear option in Germany highlighting climate trade-offs, and reduce overall carbon footprints. The low emissions associated with nuclear power make it an important tool for achieving climate goals and transitioning away from fossil fuels.

  3. Energy Security: Nuclear power has played a vital role in France's energy security. The country’s extensive network of nuclear power plants ensures a stable and secure supply of electricity, reducing its dependency on imported energy sources. This energy security is particularly important in the context of global energy market fluctuations and geopolitical uncertainties. France’s experience demonstrates how nuclear energy can contribute to a nation’s energy independence and resilience.

  4. Economic Benefits: The nuclear industry in France also provides significant economic benefits. It supports thousands of jobs in construction, operation, and maintenance of power plants, as well as in the supply chain for nuclear fuel and waste management. Additionally, the stable and relatively low cost of nuclear-generated electricity can contribute to lower energy prices for consumers and businesses, enhancing economic stability.

Germany, in contrast, has been moving away from nuclear energy, particularly following the Fukushima disaster in 2011. The country has committed to phasing out its nuclear reactors by 2022 and focusing on expanding renewable energy sources such as wind and solar power. While Germany's renewable energy transition has made significant strides, it has also faced challenges related to grid stability, as Germany's energy balancing act illustrates for policymakers, energy storage, and maintaining reliable power supplies during periods of low renewable generation.

France’s experience with nuclear energy offers several lessons for Germany and other nations considering their own energy strategies:

  • Balanced Energy Mix: A diverse energy mix that includes nuclear power alongside renewable sources can help ensure a stable and reliable electricity supply, as ongoing discussions about a nuclear resurgence in Germany emphasize for policymakers today. While renewable energy is essential for reducing carbon emissions, it can be intermittent and may require backup from other sources to maintain grid reliability. Nuclear power can complement renewable energy by providing a steady and consistent supply of electricity.

  • Investment in Infrastructure: To maximize the benefits of nuclear energy, investment in infrastructure is crucial. This includes not only the construction and maintenance of power plants but also the development of waste management systems and safety protocols. France’s experience demonstrates the importance of long-term planning and investment to ensure the safe and effective use of nuclear technology.

  • Public Perception and Policy: Public perception of nuclear energy can significantly impact its adoption and deployment, and ongoing Franco-German nuclear disputes show how politics shape outcomes across borders. Transparent communication, rigorous safety standards, and effective waste management are essential for addressing public concerns and building trust in nuclear technology. France’s successful use of nuclear power is partly due to its emphasis on safety and regulatory compliance.

In conclusion, France's experience with nuclear power provides valuable insights into the role that this technology can play in an energy transition. By offering a stable, low-carbon, and reliable source of electricity, nuclear power complements renewable energy sources and supports overall energy security. As Germany and other countries navigate their energy transitions, France's example underscores the importance of a balanced energy mix, robust infrastructure, and effective public engagement in harnessing the benefits of nuclear power while addressing associated challenges, with industry voices such as Eon boss on nuclear debate underscoring the sensitivity of cross-border critiques.

 

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Opinion: Fossil-fuel workers ready to support energy transition

Canada Net-Zero Transition unites energy workers, R&D, and clean tech to decarbonize steel and cement with hydrogen, scale renewables, and build hybrid storage, delivering a just transition that strengthens communities and the economy.

 

Key Points

A national plan to reach net-zero by 2050 via renewables, hydrogen, decarbonization, and a just transition for workers.

✅ Hydrogen for steel and cement decarbonization

✅ Hybrid energy storage and clean tech R&D

✅ Just transition pathways for energy workers

 

Except for an isolated pocket of skeptics, there is now an almost universal acceptance that climate change is a global emergency that demands immediate and far-reaching action to defend our home and future generations. Yet in Canada we remain largely focused on how the crisis divides us rather than on the potential for it to unite us, despite nationwide progress in electricity decarbonization efforts.

It’s not a case of fossil-fuel industry workers versus the rest, or Alberta versus British Columbia where bridging the electricity gap could strengthen cooperation. We are all in this together. The challenge now is how to move forward in a way that leaves no one behind.

The fossil fuel industry has been — and continues to be — a key driver of Canada’s economy. Both of us had successful careers in the energy sector, but realized, along with an increasing number of energy workers, that the transition we need to cope with climate change could not be accomplished solely from within the industry.

Even as resource companies innovate to significantly reduce the carbon burden of each barrel, the total emission of greenhouse gases from all sources continues to rise. We must seize the opportunity to harness this innovative potential in alternative and complementary ways, mobilizing research and development, for example, to power carbon-intensive steelmaking and cement manufacture from hydrogen or to advance hybrid energy storage systems and decarbonizing Canada's electricity grid strategies — the potential for cross-over technology is immense.

The bottom line is inescapable: we must reach net-zero emissions by 2050 in order to prevent runaway global warming, which is why we launched Iron & Earth in 2016. Led by oilsands workers committed to increasingly incorporating renewable energy projects into our work scope, our non-partisan membership now includes a range of industrial trades and professions who share a vision for a sustainable energy future for Canada — one that would ensure the health and equity of workers, our families, communities, the economy, and the environment.

Except for an isolated pocket of skeptics, there is now an almost universal acceptance that climate change is a global emergency that demands immediate and far-reaching action, including cleaning up Canada's electricity to meet climate pledges, to defend our home and future generations. Yet in Canada we remain largely focused on how the crisis divides us rather than on the potential for it to unite us.

It’s not a case of fossil-fuel industry workers versus the rest, or Alberta versus British Columbia. We are all in this together. The challenge now is how to move forward in a way that leaves no one behind.

The fossil fuel industry has been — and continues to be — a key driver of Canada’s economy. Both of us had successful careers in the energy sector, but realized, along with an increasing number of energy workers, that the transition we need to cope with climate change could not be accomplished solely from within the industry.

Even as resource companies innovate to significantly reduce the carbon burden of each barrel, the total emission of greenhouse gases from all sources continues to rise, underscoring that Canada will need more electricity to hit net-zero, according to the IEA. We must seize the opportunity to harness this innovative potential in alternative and complementary ways, mobilizing research and development, for example, to power carbon-intensive steelmaking and cement manufacture from hydrogen or to advance hybrid energy storage systems — the potential for cross-over technology is immense.

The bottom line is inescapable: we must reach net-zero emissions by 2050 in order to prevent runaway global warming, which is why we launched Iron & Earth in 2016. Led by oilsands workers committed to increasingly incorporating renewable energy projects into our work scope, as calls for a fully renewable electricity grid by 2030 gain attention, our non-partisan membership now includes a range of industrial trades and professions who share a vision for a sustainable energy future for Canada — one that would ensure the health and equity of workers, our families, communities, the economy, and the environment.

 

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Extensive Disaster Planning at Electric & Gas Utilities Means Lights Will Stay On

Utility Pandemic Preparedness strengthens grid resilience through continuity planning, critical infrastructure protection, DOE-DHS coordination, onsite sequestration, skeleton crews, and deferred maintenance to ensure reliable electric and gas service for commercial and industrial customers.

 

Key Points

Plans that sustain grid operations during outbreaks using staffing limits, access controls, and deferred maintenance.

✅ Deferred maintenance and restricted site access

✅ Onsite sequestering and skeleton crew operations

✅ DOE-DHS coordination and control center staffing

 

Commercial and industrial businesses can rest assured that the current pandemic poses no real threat to our utilities, with the U.S. grid remaining reliable for now, as disaster planning has been key to electric and gas utilities in recent years, writes Forbes. Beginning a decade ago, the utility and energy industries evolved detailed pandemic plans, outlining what to know about the U.S. grid during outbreaks, which include putting off maintenance and routine activities until the worst of the pandemic has passed, restricting site access to essential personnel, and being able to run on a skeleton crew as more and more people become ill, a capability underscored by FPL's massive Irma response when crews faced prolonged outages.

One possible outcome of the current situation is that the US electric industry may require essential staff to live onsite at power plants and control centers, similar to Ontario work-site lockdown plans under consideration, if the outbreak worsens; bedding, food and other supplies are being stockpiled, reflecting local response preparations many utilities practice, Reuters reported. The Great River Energy cooperative, for example, has had a plan to sequester essential staff in place since the H1N1 bird flu crisis in 2009. The cooperative, which runs 10 power plants in Minnesota, says its disaster planning ensured it has enough cots, blankets and other necessities on site to keep staff healthy.

Electricity providers are now taking part in twice-weekly phone calls with officials at the DOE, the Department of Homeland Security, and other agencies, as Ontario demand shifts are monitored, according to the Los Angeles Times. By planning for a variety of worst case scenarios, including weeks-long restorations after major storms, “I have confidence that the sector will be prepared to respond no matter how this evolves,” says Scott Aaronson, VP of security and preparedness for the Edison Electric Institute.

 

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Ermineskin First Nation soon to become major electricity generator

Ermineskin First Nation Solar Project delivers a 1 MW distributed generation array with 3,500 panels, selling power to Alberta's grid, driving renewable energy revenue, jobs, and regional economic development with partner SkyFire Energy.

 

Key Points

A 1 MW, 3,500-panel distributed generation plant selling power to Alberta's grid to support revenue and jobs.

✅ 1 MW array, 3,500 panels; grid-tied distributed generation

✅ Annual revenue projected at $80k-$150k, scalable

✅ Built with SkyFire Energy; expansion planned next summer

 

The switch will soon be flipped on a solar energy project that will generate tens of thousands of dollars for Ermineskin First Nation, while energizing economic development across Alberta, where selling renewables is emerging as a promising opportunity.

Built on six acres, the one-megawatt generator and its 3,500 solar panels will produce power to be sold into the province’s electrical grid, providing annual revenues for the band of $80,000 to $150,000, depending on energy demand and pricing.

The project cost $2.7 million, including connection costs and background studies, said Sam Minde, chief executive officer of the band-owned Neyaskweyahk Group of Companies Inc.

It was paid for with grants from the Western Economic Diversification Fund and the province’s Climate Leadership Plan, and, amid Ottawa’s green electricity contracting push, is expected to be connected to the grid by mid-December.

“It’s going to be the biggest distributed generation in Alberta,” he said.

Called the Sundancer generator, it was built and will be operated through a partnership with SkyFire Energy, reflecting how renewable power developers design better projects by combining diverse resources.

Minde said the project’s benefits extend beyond Ermineskin First Nation, one of four First Nations at Maskwacis, 20 km north of Ponoka, in a province where renewable energy surge could power thousands of jobs.

“Our nation is looking to do the best it can in business. It’s competitive, but at the same time, what is good for us is good for the region.

“If we’re creating jobs, we’re going to be building up our economy. And if you look at our region right now, we need to continue to create opportunities and jobs.”

Electricity prices are rock bottom right now, in the six to nine cents per kilowatt hour range, with recent Alberta solar contracts coming in below natural gas on cost. During the oilsands boom, when power demand was skyrocketing, the price was in the 16 to 18 cent range.

That means there is a lot of room for bigger returns for Ermineskin in the future, especially if pipelines such as TransMountain get going or the oilsands pick up again, and as Alberta solar growth accelerates in the years ahead.

The band is so confident that Sundancer will prove a success that there are plans to double it in size, a strategy echoed by community-scale efforts such as the Summerside solar project that demonstrate scalability. By next summer, a $1.5-million to $1.7-million project funded by the band will be built on another six acres nearby.

Minde said the project is an example of the community’s connection with the environment being used to create opportunities and embracing technologies that will likely figure large in the world’s energy future.

 

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Salmon and electricity at center of Columbia River treaty negotiations

Columbia River Treaty Negotiations involve Canada-U.S. talks on B.C. dams, flood control, hydropower sharing, and downstream benefits, prioritizing ecosystem health, First Nations rights, and salmon restoration while balancing affordable electricity for northwest consumers.

 

Key Points

Talks to update flood control, hydropower, and ecosystem terms for fair benefits to B.C. and U.S. communities.

✅ Public consultations across B.C.'s Columbia Basin

✅ First Nations priorities include salmon restoration

✅ U.S. seeks cheaper power; B.C. defends downstream benefits

 

With talks underway between Canada and the U.S. on the future of the Columbia River Treaty, the B.C. New Democrats have launched public consultations in the region most affected by the high-stakes negotiation.

“We want to ensure Columbia basin communities are consulted, kept informed and have their voices heard,” said provincial cabinet minister Katrine Conroy via a press release announcing meetings this month in Castlegar, Golden, Revelstoke, Nakusp, Nelson and other communities.

As well as having cabinet responsibility for the talks, Conroy’s Kootenay West riding includes several places that were inundated under the terms of the 1964 flood control and power generation treaty.

“We will continue to work closely with First Nations affected by the treaty, to ensure Indigenous interests are reflected in the negotiations,” she added by way of consolation to Indigenous people who’ve been excluded from the negotiating teams on both sides of the border.

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The stakes are also significant for the province as a whole. The basics of the treaty saw B.C. build dams to store water on this side of the border, easing the flood risk in the U.S. and allowing the flow to be evened out through the year. In exchange, B.C. was entitled to a share of the additional hydro power that could be generated in dams on the U.S. side.

B.C.’s sale of those downstream benefits to the U.S has poured almost $1.4 billion into provincial coffers over the past 10 years, albeit at a declining rate these days amid scrutiny from a regulator report on BC Hydro that raised concerns, because of depressed prices for cross-border electricity sales.

Politicians on the U.S. side have long sought to reopen the treaty, believing there was now a case for reducing B.C.’s entitlement.

They did not get across the threshold under President Barack Obama.

Then, last fall his successor Donald Trump served notice of intent, initiating the formal negotiations that commenced with a two day session last week in Washington, D.C. The next round is set for mid-August in B.C.

American objectives in the talks include “continued, careful management of flood risk; ensuring a reliable and economical power supply; and better addressing ecosystem concerns,” with recognition of recent BC Hydro demand declines during the pandemic.

“Economical power supply,” being a diplomatic euphemism for “cheaper electricity for consumers in the northwest states,” achievable by clawing back most of B.C.’s treaty entitlement.

On taking office last summer, the NDP inherited a 14-point statement of principles setting out B.C. hopes for negotiations to “continue the treaty” while “seeking improvements within the existing framework” of the 54-year-old agreement.

The New Democrats have endorsed those principles in a spirit of bipartisanship, even as Manitoba Hydro governance disputes play out elsewhere in Canada.

“Those principles were developed with consultation from throughout the region,” as Conroy advised the legislature this spring. “So I was involved, as well, in the process and knew what the issues were, right as they would come up.”

The New Democrats did chose to put additional emphasis on some concerns.

“There is an increase in discussion with Canada and First Nations on the return of salmon to the river,” she advised the house, recalling how construction of the enormous Grand Coulee Dam on the U.S. side in the 1930s wiped out salmon runs on the upper Columbia River.

“There was no consideration then for how incredibly important salmon was, especially to the First Nations people in our region. We have an advisory table that is made up of Indigenous representation from our region, and also we are discussing with Canada that we need to see if there’s feasibility here.”

As to feasibility, the obstacles to salmon migration in the upper reaches of the Columbia include the 168-metre high Grand Coulee and the 72-metre Chief Joseph dams on the U.S. side, plus the Keenleyside (52 metres), Revelstoke (175 metres) and Mica (240 metres) dams on the Canadian side.

Still, says Conroy “the First Nations from Canada and the tribes from the United States, have been working on scientific and technical documents and research to see if, first of all, the salmon can come up, how they can come up, and what the things are that have to be done to ensure that happens.”

The New Democrats also put more emphasis on preserving the ecosystem, aligning with clean-energy efforts with First Nations that support regional sustainability.

“I know that certainly didn’t happen in 1964, but that is something that’s very much on the minds of people in the Columbia basin,” said Conroy. “If we are going to tweak the treaty, what can we do to make sure the voices of the basin are heard and that things that were under no consideration in the ’60s are now a topic for consideration?”

With those new considerations, there’s still the status quo concern of preserving the downstream benefits as a trade off for the flooding and other impacts on this side of the border.

The B.C. position on that score is the same under the New Democrats as it was under the Liberals, despite a B.C. auditor general report on deferred BC Hydro costs.

“The level of benefits to B.C., which is currently solely in the form of the (electricity) entitlement, does not account for the full range of benefits in the U.S. or the impacts in B.C.,” says the statement of principle.

“All downstream U.S. benefits such as flood risk management, hydropower, ecosystems, water supply (including municipal, industrial and agricultural uses), recreation, navigation and other related benefits should be accounted for and such value created should be shared equitably between the two countries.”

No surprise if the Americans do not see it the same way.  But that is a topic for another day.

 

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