Duke, American Transmission create DATC

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Duke Energy and American Transmission Co. announced the creation of Duke-American Transmission Co., a joint venture that will build, own and operate new electric transmission infrastructure in North America.

The companies believe Duke-American Transmission Co. DATC is well-positioned to help address increasing demand for affordable, reliable transmission capacity in the United States and Canada.

"Thoughtful, well-designed transmission projects afford customers, regulators and other key stakeholders superior flexibility as they determine which energy resources can help meet demand for electricity in the decades to come," says Duke Energy Commercial Businesses Senior Vice President Phil Grigsby. "Duke Energy and ATC share the belief that sound transmission infrastructure can serve as a springboard for next-generation energy technologies."

DATC has begun identifying opportunities to build, own and operate new transmission projects that meet potential customers' capacity and voltage requirements.

"This joint venture is an important step in advancing ATC's strategy to grow outside our current service area," says John Flynn, ATC vice president of Strategic Planning and Business Development. "We have been very successful in planning, permitting and building transmission in the Midwest. Through our partnership with Duke Energy, we will take our expertise to other parts of North America to develop transmission solutions that not only deliver reliable electricity, but also economic and public policy benefits."

DATC will own all of the transmission assets it builds and operates. Equity ownership of DATC will be split equally between Duke Energy and ATC.

The joint venture will operate as a transmission utility. As a result, it will be subject to the rules and regulations of the Federal Energy Regulatory Commission, MISO, PJM and various other independent system grid operators, as well as any states in which DATC develops projects. Per the structure of their new joint venture, Duke Energy and ATC may continue to develop transmission projects independently.

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Cost of US nuclear generation at ten-year low

US Nuclear Generating Costs 2017 show USD33.50/MWh for nuclear energy, the lowest since 2008, as capital expenditures, fuel costs, and operating costs declined after license renewals and uprates, supporting a reliable, low-carbon grid.

 

Key Points

The 2017 US nuclear average was USD33.50/MWh, lowest since 2008, driven by reduced capital, fuel, and operating costs.

✅ Average cost USD33.50/MWh, lowest since 2008

✅ Capital, fuel, O&M costs fell sharply since 2012 peak

✅ License renewals, uprates, market reforms shape competitiveness

 

Average total generating costs for nuclear energy in 2017 in the USA were at their lowest since 2008, according to a study released by the Nuclear Energy Institute (NEI), amid a continuing nuclear decline debate in other regions.

The report, Nuclear Costs in Context, found that in 2017 the average total generating cost - which includes capital, fuel and operating costs - for nuclear energy was USD33.50 per megawatt-hour (MWh), even as interest in next-generation nuclear designs grows among stakeholders. This is 3.3% lower than in 2016 and more than 19% below 2012's peak. The reduction in costs since 2012 is due to a 40.8% reduction in capital expenditures, a 17.2% reduction in fuel costs and an 8.7% reduction in operating costs, the organisation said.

The year-on-year decline in capital costs over the past five years reflects the completion by most plants of efforts to prepare for operation beyond their initial 40-year licence. A few major items - a series of vessel head replacements; steam generator replacements and other upgrades as companies prepared for continued operation, and power uprates to increase output from existing plants - caused capital investment to increase to a peak in 2012. "As a result of these investments, 86 of the [USA's] 99 operating reactors in 2017 have received 20-year licence renewals and 92 of the operating reactors have been approved for uprates that have added over 7900 megawatts of electricity capacity. Capital spending on uprates and items necessary for operation beyond 40 years has moderated as most plants are completing these efforts," it says.

Since 2013, seven US nuclear reactors have shut down permanently, with the Three Mile Island debate highlighting wider policy questions, and another 12 have announced their permanent shutdown. The early closure for economic reasons of reliable nuclear plants with high capacity factors and relatively low generating costs will have long-term economic consequences, the report warns: replacement generating capacity, when needed, will produce more costly electricity, fewer jobs that will pay less, and, for net-zero emissions objectives, more pollution, it says.

NEI Vice President of Policy Development and Public Affairs John Kotek said the "hardworking men and women of the nuclear industry" had done an "amazing job" reducing costs through the institute's Delivering the Nuclear Promise campaign and other initiatives, in line with IAEA low-carbon lessons from the pandemic. "As we continue to face economic headwinds in markets which do not properly compensate nuclear plants, the industry has been doing its part to reduce costs to remain competitive," he said.

"Some things are in urgent need of change if we are to keep the nation's nuclear plants running and enjoy their contribution to a reliable, resilient and low-carbon grid. Namely, we need to put in place market reforms that fairly compensate nuclear similar to those already in place in New York, Illinois and other states," Kotek added.

Cost information in the study was collected by the Electric Utility Cost Group with prior years converted to 2017 dollars for accurate historical comparison.

 

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A new material made from carbon nanotubes can generate electricity by scavenging energy from its environment

Carbon Nanotube Solvent Electricity enables wire-free electrochemistry as organic solvents like acetonitrile pull electrons, powering alcohol oxidation and packed bed reactors, energy harvesting, and micro- and nanoscale robots via redox-driven current.

 

Key Points

Solvent-driven electron extraction from carbon nanotube particles generates current for electrochemistry.

✅ 0.7 V per particle via solvent-induced electron flow

✅ Packed bed reactors drive alcohol oxidation without wires

✅ Scalable for micro- and nanoscale robots; energy harvesting

 

MIT engineers have discovered a new way of generating electricity, alongside advances in renewable power at night that broaden what's possible, using tiny carbon particles that can create a current simply by interacting with liquid surrounding them.

The liquid, an organic solvent, draws electrons out of the particles, generating a current, unlike devices based on a cheap thermoelectric material that rely on heat, that could be used to drive chemical reactions or to power micro- or nanoscale robots, the researchers say.

"This mechanism is new, and this way of generating energy is completely new," says Michael Strano, the Carbon P. Dubbs Professor of Chemical Engineering at MIT. "This technology is intriguing because all you have to do is flow a solvent through a bed of these particles. This allows you to do electrochemistry, but with no wires."

In a new study describing this phenomenon, the researchers showed that they could use this electric current to drive a reaction known as alcohol oxidation—an organic chemical reaction that is important in the chemical industry.

Strano is the senior author of the paper, which appears today in Nature Communications. The lead authors of the study are MIT graduate student Albert Tianxiang Liu and former MIT researcher Yuichiro Kunai. Other authors include former graduate student Anton Cottrill, postdocs Amir Kaplan and Hyunah Kim, graduate student Ge Zhang, and recent MIT graduates Rafid Mollah and Yannick Eatmon.

Unique properties
The new discovery grew out of Strano's research on carbon nanotubes—hollow tubes made of a lattice of carbon atoms, which have unique electrical properties. In 2010, Strano demonstrated, for the first time, that carbon nanotubes can generate "thermopower waves." When a carbon nanotube is coated with layer of fuel, moving pulses of heat, or thermopower waves, travel along the tube, creating an electrical current that exemplifies turning thermal energy into electricity in nanoscale systems.

That work led Strano and his students to uncover a related feature of carbon nanotubes. They found that when part of a nanotube is coated with a Teflon-like polymer, it creates an asymmetry, distinct from conventional thermoelectric materials approaches, that makes it possible for electrons to flow from the coated to the uncoated part of the tube, generating an electrical current. Those electrons can be drawn out by submerging the particles in a solvent that is hungry for electrons.

To harness this special capability, the researchers created electricity-generating particles by grinding up carbon nanotubes and forming them into a sheet of paper-like material. One side of each sheet was coated with a Teflon-like polymer, and the researchers then cut out small particles, which can be any shape or size. For this study, they made particles that were 250 microns by 250 microns.

When these particles are submerged in an organic solvent such as acetonitrile, the solvent adheres to the uncoated surface of the particles and begins pulling electrons out of them.

"The solvent takes electrons away, and the system tries to equilibrate by moving electrons," Strano says. "There's no sophisticated battery chemistry inside. It's just a particle and you put it into solvent and it starts generating an electric field."

Particle power
The current version of the particles can generate about 0.7 volts of electricity per particle. In this study, the researchers also showed that they can form arrays of hundreds of particles in a small test tube. This "packed bed" reactor, unlike thin-film waste-heat harvesters for electronics, generates enough energy to power a chemical reaction called an alcohol oxidation, in which an alcohol is converted to an aldehyde or a ketone. Usually, this reaction is not performed using electrochemistry because it would require too much external current.

"Because the packed bed reactor is compact, it has more flexibility in terms of applications than a large electrochemical reactor," Zhang says. "The particles can be made very small, and they don't require any external wires in order to drive the electrochemical reaction."

In future work, Strano hopes to use this kind of energy generation to build polymers using only carbon dioxide as a starting material. In a related project, he has already created polymers that can regenerate themselves using carbon dioxide as a building material, in a process powered by solar energy and informed by devices that generate electricity at night as a complement. This work is inspired by carbon fixation, the set of chemical reactions that plants use to build sugars from carbon dioxide, using energy from the sun.

In the longer term, this approach could also be used to power micro- or nanoscale robots. Strano's lab has already begun building robots at that scale, which could one day be used as diagnostic or environmental sensors. The idea of being able to scavenge energy from the environment, including approaches that produce electricity 'out of thin air' in ambient conditions, to power these kinds of robots is appealing, he says.

"It means you don't have to put the energy storage on board," he says. "What we like about this mechanism is that you can take the energy, at least in part, from the environment."

 

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Purdue: As Ransomware Attacks Increase, New Algorithm May Help Prevent Power Blackouts

Infrastructure Security Algorithm prioritizes cyber defense for power grids and critical infrastructure, mitigating ransomware, blackout risks, and cascading failures by guiding utilities, regulators, and cyber insurers on optimal security investment allocation.

 

Key Points

An algorithm that optimizes security spending to cut ransomware and blackout risks across critical infrastructure.

✅ Guides utilities on optimal security allocation

✅ Uses incentives to correct human risk biases

✅ Prioritizes assets to prevent cascading outages

 

Millions of people could suddenly lose electricity if a ransomware attack just slightly tweaked energy flow onto the U.S. power grid, as past US utility intrusions have shown.

No single power utility company has enough resources to protect the entire grid, but maybe all 3,000 of the grid's utilities could fill in the most crucial security gaps if there were a map showing where to prioritize their security investments.

Purdue University researchers have developed an algorithm to create that map. Using this tool, regulatory authorities or cyber insurance companies could establish a framework for protecting the U.S. power grid that guides the security investments of power utility companies to parts of the grid at greatest risk of causing a blackout if hacked.

Power grids are a type of critical infrastructure, which is any network - whether physical like water systems or virtual like health care record keeping - considered essential to a country's function and safety. The biggest ransomware attacks in history have happened in the past year, affecting most sectors of critical infrastructure in the U.S. such as grain distribution systems in the food and agriculture sector and the Colonial Pipeline, which carries fuel throughout the East Coast, prompting increased military preparation for grid hacks in the U.S.

With this trend in mind, Purdue researchers evaluated the algorithm in the context of various types of critical infrastructure in addition to the power sector, including electricity-sector IoT devices that interface with grid operations. The goal is that the algorithm would help secure any large and complex infrastructure system against cyberattacks.

"Multiple companies own different parts of infrastructure. When ransomware hits, it affects lots of different pieces of technology owned by different providers, so that's what makes ransomware a problem at the state, national and even global level," said Saurabh Bagchi, a professor in the Elmore Family School of Electrical and Computer Engineering and Center for Education and Research in Information Assurance and Security at Purdue. "When you are investing security money on large-scale infrastructures, bad investment decisions can mean your power grid goes out, or your telecommunications network goes out for a few days."

Protecting infrastructure from hacks by improving security investment decisions

The researchers tested the algorithm in simulations of previously reported hacks to four infrastructure systems: a smart grid, industrial control system, e-commerce platform and web-based telecommunications network. They found that use of this algorithm results in the most optimal allocation of security investments for reducing the impact of a cyberattack.

The team's findings appear in a paper presented at this year's IEEE Symposium on Security and Privacy, the premier conference in the area of computer security. The team comprises Purdue professors Shreyas Sundaram and Timothy Cason and former PhD students Mustafa Abdallah and Daniel Woods.

"No one has an infinite security budget. You must decide how much to invest in each of your assets so that you gain a bump in the security of the overall system," Bagchi said.

The power grid, for example, is so interconnected that the security decisions of one power utility company can greatly impact the operations of other electrical plants. If the computers controlling one area's generators don't have adequate security protection, as seen when Russian hackers accessed control rooms at U.S. utilities, then a hack to those computers would disrupt energy flow to another area's generators, forcing them to shut down.

Since not all of the grid's utilities have the same security budget, it can be hard to ensure that critical points of entry to the grid's controls get the most investment in security protection.

The algorithm that Purdue researchers developed would incentivize each security decision maker to allocate security investments in a way that limits the cumulative damage a ransomware attack could cause. An attack on a single generator, for instance, would have less impact than an attack on the controls for a network of generators, which sophisticated grid-disruption malware can target at scale, rather than for the protection of a single generator.

Building an algorithm that considers the effects of human behavior

Bagchi's research shows how to increase cybersecurity in ways that address the interconnected nature of critical infrastructure but don't require an overhaul of the entire infrastructure system to be implemented.

As director of Purdue's Center for Resilient Infrastructures, Systems, and Processes, Bagchi has worked with the U.S. Department of Defense, Northrop Grumman Corp., Intel Corp., Adobe Inc., Google LLC and IBM Corp. on adopting solutions from his research. Bagchi's work has revealed the advantages of establishing an automatic response to attacks, and analyses like Symantec's Dragonfly report highlight energy-sector risks, leading to key innovations against ransomware threats, such as more effective ways to make decisions about backing up data.

There's a compelling reason why incentivizing good security decisions would work, Bagchi said. He and his team designed the algorithm based on findings from the field of behavioral economics, which studies how people make decisions with money.

"Before our work, not much computer security research had been done on how behaviors and biases affect the best defense mechanisms in a system. That's partly because humans are terrible at evaluating risk and an algorithm doesn't have any human biases," Bagchi said. "But for any system of reasonable complexity, decisions about security investments are almost always made with humans in the loop. For our algorithm, we explicitly consider the fact that different participants in an infrastructure system have different biases."

To develop the algorithm, Bagchi's team started by playing a game. They ran a series of experiments analyzing how groups of students chose to protect fake assets with fake investments. As in past studies in behavioral economics, they found that most study participants guessed poorly which assets were the most valuable and should be protected from security attacks. Most study participants also tended to spread out their investments instead of allocating them to one asset even when they were told which asset is the most vulnerable to an attack.

Using these findings, the researchers designed an algorithm that could work two ways: Either security decision makers pay a tax or fine when they make decisions that are less than optimal for the overall security of the system, or security decision makers receive a payment for investing in the most optimal manner.

"Right now, fines are levied as a reactive measure if there is a security incident. Fines or taxes don't have any relationship to the security investments or data of the different operators in critical infrastructure," Bagchi said.

In the researchers' simulations of real-world infrastructure systems, the algorithm successfully minimized the likelihood of losing assets to an attack that would decrease the overall security of the infrastructure system.

Bagchi's research group is working to make the algorithm more scalable and able to adapt to an attacker who may make multiple attempts to hack into a system. The researchers' work on the algorithm is funded by the National Science Foundation, the Wabash Heartland Innovation Network and the Army Research Lab.

Cybersecurity is an area of focus through Purdue's Next Moves, a set of initiatives that works to address some of the greatest technology challenges facing the U.S. Purdue's cybersecurity experts offer insights and assistance to improve the protection of power plants, electrical grids and other critical infrastructure.

 

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Here's what we know about the mistaken Pickering nuclear alert one week later

Pickering Nuclear Alert Error prompts Ontario investigation into the Alert Ready emergency alert system, Pelmorex safeguards, and public response at Pickering Nuclear Generating Station, including potassium iodide orders and geo-targeted notification issues.

 

Key Points

A mistaken Ontario emergency alert about the Pickering plant, now under probe for human error and system safeguards.

✅ Investigation led by Emergency Management Ontario

✅ Alert Ready and Pelmorex safeguards under review

✅ KI pill demand surged; geo-targeting questioned

 

A number of questions still remain a week after an emergency alert was mistakenly sent out to people across Ontario warning of an unspecified incident at the Pickering Nuclear Generating Station. 

The province’s solicitor general has stepped in and says an investigation into the incident should be completed fairly quickly according to the minister.

However, the nuclear scare has still left residents on edge with tens of thousands of people ordering potassium iodide, or KI, pills that protect the body from radioactive elements in the days following the incident.

Here’s what we know and still don’t know about the mistaken Pickering nuclear plant alert:

Who sent the alert?

According to the Alert Ready Emergency Alert System website, the agency works with several federal, provincial and territorial emergency management officials, Environment and Climate Change Canada and Pelmorex, a broadcasting industry and wireless service provider, to send the alerts.

Martin Belanger, the director of public alerting for Pelmorex, a company that operates the alert system, said there are a number of safeguards built in, including having two separate platforms for training and live alerts.

"The software has some steps and some features built in to minimize that risk and to make sure that users will be able to know whether or not they're sending an alert through the... training platform or whether they're accessing the live system in the case of a real emergency," he said.

Only authorized users have access to the system and the province manages that, Belanger said. Once in the live system, features make the user aware of which platform they are using, with various prompts and messages requiring the user's confirmation. There is a final step that also requires the user to confirm their intent of issuing an alert to cellphones, radio and TVs, Belanger said.

Last Sunday, a follow-up alert was sent to cellphones nearly two hours after the original notification, and during separate service disruptions such as a power outage in London residents also sought timely information.

What has the investigation revealed?

It’s still unclear as to how exactly the alert was sent in error, but Solicitor General Sylvia Jones has tapped the Chief of Emergency Management Ontario to investigate.

"It's very important for me, for the people of Ontario, to know exactly what happened on Sunday morning," Jones said.

Jones said initial observations suggest human error was responsible for the alert that was sent out during routine tests of the emergency alert.

“I want to know what happened and equally important, I want some recommendations on insurances and changes we can make to the system to make sure it doesn't happen again,” Jones said.

Jones said she expects the results of the probe to be made public.

Can you unsubscribe from emergency alerts?

It’s not possible to opt out of receiving the alerts, according to the Alert Ready Emergency Alert System website, and Ontario utilities warn about scams to help customers distinguish official notices.

“Given the importance of warning Canadians of imminent threats to the safety of life and property, the CRTC requires wireless service providers to distribute alerts on all compatible wireless devices connected to an LTE network in the target area,” the website reads.

The agency explains that unlike radio and TV broadcasting, the wireless public alerting system is geo-targeted and is specific to the a “limited area of coverage”, and examples like an Alberta grid alert have highlighted how jurisdictions tailor notices for their systems.

“As a result, if an emergency alert reaches your wireless device, you are located in an area where there is an imminent danger.”

The Pickering alert, however, was received by people from as far as Ottawa to Windsor.

Is the Pickering Nuclear Generating Station closing?

The Pickering nuclear plant has been operating since 1971, and had been scheduled to be decommissioned this year, but the former Liberal government -- and the current Progressive Conservative government -- committed to keeping it open until 2024. Decommissioning is now set to start in 2028.

It operates six CANDU reactors, and in contingency planning operators have considered locking down key staff to maintain reliability, generates 14 per cent of Ontario's electricity and is responsible for 4,500 jobs across the region, according to OPG, while utilities such as Hydro One's relief programs have supported customers during broader crises.

What should I do if I receive an emergency alert?

Alert Ready says that if you received an alert on your wireless device it’s important to take action “safely”.

“Stop what you are doing when it is safe to do so and read the emergency alert,” the agency says on their website.

“Alerting authorities will include within the emergency alert the information you need and guidance for any action you are required to take, and insights from U.S. grid pandemic response underscore how critical infrastructure plans intersect with public safety.”

“This could include but is not limited to: limit unnecessary travel, evacuate the areas, seek shelter, etc.”

The wording of last Sunday's alert caused much initial confusion, warning residents within 10 kilometres of the plant of "an incident," though there was no "abnormal" release of radioactivity and residents didn't need to take protective steps, but emergency crews were responding.

“In the event of a real emergency, the wording would be different,” Jones said.

 

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Hydro One employees support Province of Ontario in the fight against COVID-19

Hydro One COVID-19 Quarantine Support connects Ontario's Ministry of Health with trained customer service teams to contact travellers, encourage self-isolation, explain quarantine rules, and share public health guidance to slow community transmission.

 

Key Points

Hydro One helps Ontario's MOH contact travellers and guide self-isolation for quarantine compliance.

✅ Trained agents contact returning travellers in Ontario

✅ Guidance on self-isolation, symptoms, and quarantine compliance

✅ Supports public health while freeing front-line resources

 

Hydro One Networks Inc. ("Hydro One") announced support to the Ministry of Health (MOH) with its efforts in contacting travellers entering Ontario to ensure they comply with Canada's mandatory quarantine measures to combat COVID-19. Hydro One has volunteered employees from its customer service operations to contact thousands of returning travellers to provide them with timely guidance on how to self-isolate and spot the symptoms of the virus to help stop its spread.

"Our team is ready to lend a helping hand and support the province to help fight this invisible enemy," said Mark Poweska, President and CEO, Hydro One. "Our very dedicated customer service staff are highly professional and will be a valuable resource in supporting the province as it works to keep Ontarians safe and slow the spread of COVID-19."

"We have seen a tremendous response from all our companies across Ontario to help us fight the COVID-19 outbreak. With this one, Hydro One is helping the province to remind Ontarians they need to stay safe at home, especially self-isolating customers throughout Ontario," said Christine Elliott, Deputy Premier and Minister of Health. "We thank them for stepping up to be part of the fantastic province-wide effort acting together and allowing our front line workers to focus their efforts where they are needed most during this challenging time."

"We are pleased to see Hydro One volunteer its resources and expertise to support in the fight against COVID-19," said Greg Rickford, Minister of Energy, Northern Development and Mines. "In these unprecedented times, I am proud to see leaders in the energy sector rise to the challenge, from restoring power after major storms to supporting the people of our province."

Hydro One and its employees play a critical role in maintaining Ontario's electricity system. Since the COVID-19 outbreak began, Hydro One has been monitoring the evolving situation and adapting its operations, including on-site lockdowns for key staff as needed to ensure it continues to deliver the service Ontarians depend on while keeping our employees, customers and the public safe.

Hydro One has also developed a number of customer support measures during COVID-19, including a new Pandemic Relief Fund to offer payment flexibility and financial assistance to customers experiencing financial hardship, suspending late payment fees and returning approximately $5 million in security deposits to businesses across Ontario.

"Customers are counting on us now more than ever – not only to keep the lights on across the province, but to offer support during this difficult time," said Poweska. "Hydro One will continue to collaborate with industry partners and the province, including mutual aid assistance with other utilities, to find new ways to offer support where it is needed."

More information about how Hydro One is supporting its customers, including its ban on disconnections and other measures, can be found at www.HydroOne.com/PandemicRelief .

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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