Noranda fighting rate increases

By Southeast Missourian


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Noranda Aluminum Inc., one of the state's largest power users and an economic engine in Southeast Missouri, says its electric rates are unfairly high and that increases in those rates threaten its viability.

However, a study from the Missouri Office of Public Counsel showed that Noranda pays less than its fair share and that the company's current rates are $26 million too low, according to The St. Louis Post-Dispatch.

Franklin, Tennessee-based Noranda has challenged every rate increase that Ameren Corp. has sought from the state's Public Service Commission. Noranda's chief executive, Kip Smith, now warns that continued hikes threaten the smelter, which consumes as much power as the city of Springfield.

Since becoming an Ameren customer in 2005, the company's electric bill has risen steadily — to $150 million annually. Noranda would pay $15 million more under a proposed rate increase. More hikes may follow, as Ameren faces billions of dollars in costs to clean up coal emissions and possibly build a second nuclear plant.

Business leaders and elected officials in Southeast Missouri say the region would be crippled if it lost the smelter, which generates millions of dollars in wages and revenue. But they say that's unlikely to happen.

"They're the biggest employer in the Bootheel, and they've got a huge investment out there," said Sam L. Hunter III, president of the Bank of New Madrid. "They're not just going to pick up and leave that."

In a presentation to the Missouri Chamber of Commerce in Jefferson City, Smith said the issue of electric increases was a "moment of truth."

Noranda's power bills have always been a key concern because of the volume of electricity required to produce molten aluminum.

While the company pays less for electricity than any other Ameren customer — about 3.8 cents per kilowatt-hour — its rate is third-highest among 10 U.S. aluminum smelters in operation today, according to data it provided to the Public Service Commission.

Noranda pays less than other Ameren customers because it costs less to supply the plant with electricity, though significant debate remains over how much less its rates should be.

Missouri's public counsel, Lewis Mills III, concluded in a study that Noranda's rates are currently $26 million too low — even before the Public Service Commission decides whether Ameren deserves an increase — and that smaller businesses pay too much.

Rep. Jay Barnes, R-Jefferson City, cited the analysis in introducing recent legislation, to require Noranda to rebate millions of dollars to residential electric customers in Missouri if it closed the smelter and left Missouri.

Barnes doesn't mind Noranda paying the lowest rate in the state, but believes consumers should be protected if the company ever leaves.

"They are an important employer in Southeast Missouri," he said. "That's why they're getting this benefit."

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Europe's Worst Energy Nightmare Is Becoming Reality

European Energy Crisis shocks markets as Russia slashes gas via Nord Stream, spiking prices and triggering rationing, LNG imports, storage shortfalls, and emergency measures to secure energy security before a harsh winter.

 

Key Points

Europe-wide gas shock from reduced Russian flows drives price spikes, rationing risk, LNG reliance, and emergency action.

✅ Nord Stream cuts deepen supply insecurity and storage gaps

✅ LNG imports rise but terminal capacity and shipping are tight

✅ Policy tools: rationing, subsidies, demand response, coal restarts

 

As Russian gas cutoffs upend European energy security, the continent is struggling to cope with what experts say is one of its worst-ever energy crises—and it could still get much worse. 

For months, European leaders have been haunted by the prospect of losing Russia’s natural gas supply, which accounts for some 40 percent of European imports and has been a crucial energy lifeline for the continent. That nightmare is now becoming a painful reality as Moscow slashes its flows in retaliation for Europe’s support for Ukraine, dramatically increasing energy prices and forcing many countries to resort to emergency plans, including emergency measures to limit electricity prices in some cases, and as backup energy suppliers such as Norway and North Africa are failing to step up.

“This is the most extreme energy crisis that has ever occurred in Europe,” said Alex Munton, an expert on global gas markets at Rapidan Energy Group, a consultancy. “Europe [is] looking at the very real prospect of not having sufficient gas when it’s most needed, which is during the coldest part of the year.”

“Prices have shot through the roof,” added Munton, who noted that European natural gas prices—nearly $50 per MMBTu—have eclipsed U.S. price rises by nearly tenfold, and that rolling back electricity prices is tougher than it appears in the current market. “That is an extraordinarily high price to be paying for natural gas, and really there is no immediate way out from here.” 

Many officials and energy experts worry that the crisis will only deepen after Nord Stream 1, the largest gas pipeline from Russia to Europe, is taken down for scheduled maintenance this week. Although the pipeline is supposed to be under repair for only 10 days, the Kremlin’s history of energy blackmail and weaponization has stoked fears that Moscow won’t turn it back on—leaving heavily reliant European countries in the lurch. (Russia’s second pipeline to Germany, Nord Stream 2, was killed in February as Russian President Vladimir Putin prepared to invade Ukraine, leaving Nord Stream 1 as the biggest direct gas link between Russia and Europe’s biggest economy.)

“Everything is possible. Everything can happen,” German economy minister Robert Habeck told Deutschlandfunk on Saturday. “It could be that the gas flows again, maybe more than before. It can also be the case that nothing comes.”

That would spell trouble for the upcoming winter, when demand for energy surges and having sufficient natural gas is necessary for heating. European countries typically rely on the summer months to refill their gas storage facilities. And at a time of war, when the continent’s future gas supply is uncertain, having that energy cushion is especially crucial.

If Russia’s prolonged disruptions continue, experts warn of a difficult winter: one of potential rationing, industrial shutdowns, and even massive economic dislocation. British officials, who just a few months ago warned of soaring power bills for consumers, are now warning of even worse, despite a brief fall to pre-Ukraine war levels in gas prices earlier in the year.

Europe could face a “winter of discontent,” said Helima Croft, a managing director at RBC Capital Markets. “Rationing, industrial shut-ins—all of that is looming.”

Unrest has already been brewing, with strikes erupting across the continent as households struggle under the pressures of spiraling costs of living and inflationary pressures. Some of this discontent has also had knock-on effects in the energy market. In Norway, the European Union’s biggest supplier of natural gas after Russia, mass strikes in the oil and gas industries last week forced companies to shutter production, sending further shockwaves throughout Europe.

European countries are at risk of descending into “very, very strong conflict and strife because there is no energy,” Frans Timmermans, the vice president of the European Commission, told the Guardian. “Putin is using all the means he has to create strife in our societies, so we have to brace ourselves for a very difficult period.”

The pain of the crisis, however, is perhaps being felt most clearly in Germany, which has been forced to turn to a number of energy-saving measures, including rationing heated water and closing swimming pools. To cope with the crunch, Berlin has already entered the second phase of its three-stage emergency gas plan; last week, it also moved to bail out its energy giants amid German utility troubles that have been financially slammed by Russian cutoffs. 

But it’s not just Germany. “This is happening all across Europe,” said Olga Khakova, an expert on European energy security at the Atlantic Council, who noted that France has also announced plans to nationalize the EDF power company as it buckles under mounting economic losses, and the EU outlines gas price cap strategies to temper volatility. “The challenging part is how much can these governments provide in support to their energy consumers, to these companies? And what is that breaking point?”

The situation has also complicated many countries’ climate goals, even as some call it a wake-up call to ditch fossil fuels for Europe. In late June, Germany, Italy, Austria, and the Netherlands announced they would restart old coal power plants as they grapple with shrinking supplies. 

The potential outcomes that European nations are grappling with reveal how this crisis is occurring on a scale that has only been seen in times of war, Munton said. In the worst-case scenario, “we’re talking about rationing gas supplies, and this is not something that Europe has had to contend with in any other time than the wartime,” he said. “That’s essentially where things have got to now. This is an energy war.”

They also underscore the long and painful battle that Europe will continue to face in weaning itself off Russian gas. Despite the continent’s eagerness to leave Moscow’s supply behind, experts say Europe will likely remain trapped in this spiraling crisis until it can develop the infrastructure for greater energy independence—and that could take years. U.S. gas, shipped by tanker, is one option, but that requires new terminals to receive the gas and U.S. energy impacts remain a factor for policymakers. New pipelines take even longer to build—and there isn’t a surfeit of eligible suppliers.

Until then, European leaders will continue to scramble to secure enough supplies—and can only hope for mild weather. The “worst-case scenario is people having to choose between eating and heating come winter,” Croft said. 

 

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Swiss Earthquake Service and ETH Zurich aim to make geothermal energy safer

Advanced Traffic Light System for Geothermal Safety models fracture growth and friction with rock physics, geophones, and supercomputers to predict induced seismicity during hydraulic stimulation, enabling real-time risk control for ETH Zurich and SED.

 

Key Points

ATLS uses rock physics, geophones, and HPC to forecast induced seismicity in real time during geothermal stimulation.

✅ Real-time seismic risk forecasts during hydraulic stimulation

✅ Uses rock physics, friction, and fracture modeling on HPC

✅ Supports ETH Zurich and SED field tests in Iceland and Bedretto

 

The Swiss Earthquake Service and ETH Zurich want to make geothermal energy safer, so news piece from Switzerland earlier this month. This is to be made possible by new software, including machine learning, and the computing power of supercomputers. The first geothermal tests have already been carried out in Iceland, and more will follow in the Bedretto laboratory.

In areas with volcanic activity, the conditions for operating geothermal plants are ideal. In Iceland, the Hellisheidi power plant makes an important contribution to sustainable energy use, alongside innovations like electricity from snow in cold regions.

Deep geothermal energy still has potential. This is the basis of the 2050 energy strategy. While the inexhaustible source of energy in volcanically active areas along fault zones of the earth’s crust can be tapped with comparatively little effort and, where viable, HVDC transmission used to move power to demand centers, access on the continents is often much more difficult and risky. Because the geology of Switzerland creates conditions that are more difficult for sustainable energy production.

Improve the water permeability of the rock

On one hand, you have to drill four to five kilometers deep to reach the correspondingly heated layers of earth in Switzerland. It is only at this depth that temperatures between 160 and 180 degrees Celsius can be reached, which is necessary for an economically usable water cycle. On the other hand, the problem of low permeability arises with rock at these depths. “We need a permeability of at least 10 millidarcy, but you can typically only find a thousandth of this value at a depth of four to five kilometers,” says Thomas Driesner, professor at the Institute of Geochemistry and Petrology at ETH Zurich.

In order to improve the permeability, water is pumped into the subsurface using the so-called “fracture”. The water acts against friction, any fracture surfaces shift against each other and tensions are released. This hydraulic stimulation expands fractures in the rock so that the water can circulate in the hot crust. The fractures in the earth’s crust originate from tectonic tensions, caused in Switzerland by the Adriatic plate, which moves northwards and presses against the Eurasian plate.

In addition to geothermal energy, the “Advanced Traffic Light System” could also be used in underground construction or in construction projects for the storage of carbon dioxide.

Quake due to water injection

The disadvantage of such hydraulic stimulations are vibrations, which are often so weak or cannot be perceived without measuring instruments. But that was not the case with the geothermal projects in St. Gallen 2013 and Basel 2016. A total of around 11,000 cubic meters of water were pumped into the borehole in Basel, causing the pressure to rise. Using statistical surveys, the magnitudes 2.4 and 2.9 defined two limit values ??for the maximum permitted magnitude of the earthquakes generated. If these are reached, the water supply is stopped.

In Basel, however, there was a series of vibrations after a loud bang, with a time delay there were stronger earthquakes, which startled the residents. In both cities, earthquakes with a magnitude greater than 3 have been recorded. Since then it has been clear that reaching threshold values ??determines the stop of the water discharge, but this does not guarantee safety during the actual drilling process.

Simulation during stimulation

The Swiss Seismological Service SED and the ETH Zurich are now pursuing a new approach that can be used to predict in real time, building on advances by electricity prediction specialists in Europe, during a hydraulic stimulation whether noticeable earthquakes are expected in the further course. This is to be made possible by the so-called “Advanced Traffic Light System” based on rock physics, a software developed by the SED, which carries out the analysis on a high-performance computer.

Geophones measure the ground vibrations around the borehole, which serve as indicators for the probability of noticeable earthquakes. The supercomputer then runs through millions of possible scenarios, similar to algorithms to prevent power blackouts during ransomware attacks, based on the number and type of fractures to be expected, the friction and tensions in the rock. Finally, you can filter out the scenario that best reflects the underground.

Further tests in the mountain

However, research is currently still lacking any real test facility for the system, because incorrect measurements must be eliminated and a certain data format adhered to before the calculations on the supercomputer. The first tests were carried out in Iceland last year, with more to follow in the Bedretto geothermal laboratory in late summer, where reliable backup power from fuel cell solutions can keep instrumentation running. An optimum can now be found between increasing the permeability of rock layers and an adequate water supply.

The new approach could make geothermal energy safer and ultimately help this energy source to become more accepted, while grid upgrades like superconducting cables improve efficiency. Research also sees areas of application wherever artificially caused earthquakes can occur, such as in underground mining or in the storage of carbon dioxide underground.

 

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Texas's new set of electricity regulators begins to take shape in wake of deep freeze, power outages

Texas PUC Appointments signal post-storm reform as Gov. Greg Abbott taps Peter Lake and advances Will McAdams for Senate confirmation, affecting ERCOT oversight, grid reliability, wholesale power pricing, and securitization for co-ops.

 

Key Points

Texas PUC appointments add Peter Lake and Will McAdams to steer ERCOT, grid reliability, and market policy.

✅ Peter Lake nominated chair to replace Arthur D'Andrea.

✅ Will McAdams advances toward Senate confirmation.

✅ Focus on ERCOT oversight, price cap debate, grid resilience.

 

A new set of Texas electricity regulators began to take shape Monday, as Gov. Greg Abbott nominated a finance expert to be the next chairman of the Public Utility Commission while his earlier choice of a PUC member moved toward Senate confirmation.

The Republican governor put forward Peter Lake of Austin, who has spent more than five years as an Abbott appointee to the Texas Water Development Board, as his second commission pick in as many weeks.

“I am confident he will bring a fresh perspective and trustworthy leadership to the PUC,” Abbott said of Lake, who once worked as a trader of futures and derivatives for a firm belonging to the Chicago Mercantile Exchange and more recently has eagerly promoted bonds for the State Water Implementation Fund for Texas.

“Peter’s expertise in the Texas energy industry and business management will make him an asset to the agency,” Abbott, who has touted grid readiness in recent months, said in a written statement. “I urge the Senate to swiftly confirm Peter’s appointment.”

On Monday, the Senate appeared to be moving quickly to confirm Abbott’s April 1 selection for the PUC, Will McAdams, president of Associated Builders and Contractors of Texas and a former legislative aide who helped write policy for regulated industries such as electricity.

McAdams was among the 129 nominees that the Senate Nominations Committee voted out, 8-0. His nomination heads now to the Senate floor.

All three of Abbott’s handpicked PUC commissioners who were in place before and during February’s calamitous winter storm have since quit or said they’re resigning, even as Sierra Club criticism of Abbott's demands intensified in the aftermath.

February’s polar vortex left in its wake physical and financial wreckage after a nonprofit grid operator answering to the PUC, amid calls for market reforms to avoid blackouts, shut off electricity to more than 4 million Texans, causing the deaths of at least 125 people, 13 of them in the Dallas-Fort Worth area.

Gov. Greg Abbott on Thursday named Will McAdams to the embattled Public Utility Commission of Texas. McAdams is a construction industry lobbyist with strong ties to the GOP-controlled Legislature. In Feb. 17 file photo, winter storm's snowfall andn large electrical transmission lines in South Arlington are pictured.

In a 45-minute confirmation hearing, McAdams, as lawmakers discussed ways to improve electricity reliability statewide, drew praise – and few tough questions.

McAdams, who previously worked for three GOP senators, testified that had he been on the commission in February, he would not have kept in place a controversial, $9,000-per-megawatt hour price cap on wholesale power for about 32 hours on Feb. 18-19.

“I don’t see myself making that decision,” he said.

McAdams, though, hedged slightly, saying he’s not privy to all information that the Electric Reliability Council of Texas, or ERCOT, and the PUC may have had at their disposal during the crisis.

The comments were notable because Lt. Gov. Dan Patrick and the Senate have fought with Abbott and the House over $16 billion in overcharges that, according to an independent market monitor, wrongly accrued near the end of the Feb. 15-19 outages.

Sen. Charles Schwertner, R-Georgetown, said the commission’s former chairwoman, DeAnn Walker, and Bill Magness, president of ERCOT, decided to hold the high cap in place because there “was still great concern about grid stability, even though there was significant reserves.”

He pressed McAdams to call that incorrect, which McAdams did.

“Given the fact pattern that I’m privy to, senator,” it wasn’t the right move, he said. “But again, there may be other facts out there. There probably are.”

McAdams acknowledged many homeowners and businesses were traumatized.

“The public’s confidence in the ability of the PUC to effectively regulate our electric markets has been badly damaged and shaken,” he said.

McAdams spoke favorably of renewable energy, calling wind and solar “absolutely valuable resources,” as the electricity sector faces profound change nationwide. To whatever extent those are not available, the PUC should “firm that up” with “dispatchable forms of generation,” such as gas, coal and nuclear, McAdams said.

He also called for lawmakers to consider providing electricity market bailout through “securitization,” or low-interest bond financing, to rural electric co-ops that were unable to pay the massive wholesale power bills they racked up during the February crisis.

“It would prevent those systems from having to front-load those costs onto their own members and smooth that out over a term of years,” while preventing an “uplift” of costs to other market participants who wisely hedged against soaring prices, McAdams said.

Noting that more than 400 bills have been filed to change ERCOT and how it’s governed, and as Texans prepare to vote on grid modernization funding this year, McAdams told the Senate panel, “It is clear to me that the Legislature wants meaningful changes to the status quo – to ensure that something positive comes out of this tragedy.”

Lake, who if confirmed by the Senate would replace Arthur D’Andrea as PUC chairman, grew up in Tyler. He attended prep school in New England and earned an undergraduate degree from the University of Chicago and a master of business administration degree from Stanford University.

He then worked for a commodities trading firm, a behavioral health company and as a business consultant before he became director of business development for Tyler-based Lake Ronel Oil Co. in 2014.

In late 2015, Abbott named Lake to the Texas Water Development Board and in February 2018 picked him to be the chairman of the three-member board that seeks to ensure water supplies for a fast-growing state.

Lake has steered the water board as it rolled out additional loans for water projects, approved by the Legislature and voters in 2013, and took the lead after Hurricane Harvey on flood control planning and infrastructure financing.

He’s posted exuberantly on Twitter as he toured agricultural water installations, lakes in West Texas and river authorities.

If confirmed, Lake and McAdams each would make $189,500 a year.

 

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European gas prices fall to pre-Ukraine war level

European Gas Prices hit pre-invasion lows as LNG inflows, EU storage gains, and softer oil markets ease the energy crisis, while recession risks, windfall taxes, and ExxonMobil's challenge shape demand and policy.

 

Key Points

European gas prices reflect supply, LNG inflows, storage, and policy, shaping energy costs for households and industry.

✅ Month-ahead hit €76.78/MWh, rebounding to €85.50/MWh.

✅ EU storage 83.2% filled; autumn peak exceeded 95%.

✅ Demand tempered by recession risks; LNG inflows offset Russian cuts.

 

European gas prices have dipped to a level last seen before Russia launched its invasion of Ukraine in February, after warmer weather across the continent eased concerns over shortages and as coal demand dropped across Europe during winter.

The month-ahead European gas future contract dropped as low as €76.78 per megawatt hour on Wednesday, the lowest level in 10 months, amid EU talks on gas price cap strategies that could shape markets, before closing higher at €83.70, according to Refinitiv, a data company.

The invasion roiled global energy markets, serving as a wake-up call to ditch fossil fuels for policymakers, and forced European countries, including industrial powerhouse Germany, to look for alternative suppliers to those funding the Kremlin. Europe had continued to rely on Russian gas even after its 2014 annexation of Crimea and support for separatists in eastern Ukraine.

On Tuesday 83.2% of EU gas storage was filled, data from industry body Gas Infrastructure Europe showed. The EU in May set a target of filling 80% of its gas storage capacity by the start of November to prepare for winter, and weighed emergency electricity measures to curb prices as needed. It hit that target in August, and by mid-November it had peaked at more than 95%.

Gas prices bounced further off the 10-month low on Thursday to reach €85.50 per megawatt hour.

Europe has several months of domestic heating demand ahead, and some industry bosses believe energy shortages could also be a problem next winter, with a worst energy nightmare still possible if supplies tighten. However, traders have also had to weigh the effects of recessions expected in several big European economies, which could dent energy demand.

UK gas prices have also dropped back from their highs earlier this year, and forecasts suggest UK energy bills to drop in April. The day-ahead gas price closed at 155p per therm on Wednesday, compared with 200p/therm at the start of 2022, and more than 500p/therm in August.

Europe’s response to the prospect of gas shortages also included campaigns to reduce energy use – a strategy belatedly adopted by the UK – and windfall taxes on energy companies to help raise revenues for governments, many of which have started expensive subsidies to cushion the impact of high energy prices for households and consumers. Energy companies have enjoyed huge profits at the expense of businesses and households this year, as EU inflation accelerated, but costs remained much the same.

However, the US oil company ExxonMobil on Wednesday launched a legal challenge against EU plans for a windfall tax on oil companies, according to filings by its German and Dutch subsidiaries at the European general court in Luxembourg. ExxonMobil argued that the windfall tax would be “counter-productive” because it said it would result in lower investment in fossil fuel extraction, and that the EU did not have the legal jurisdiction to impose it.

ExxonMobil’s move has prompted anger among European politicians. A message posted on the Twitter account of Paolo Gentiloni, the EU’s commissioner for the economy, on Thursday stated: “Fairness and solidarity, even for corporate giants. #Exxon.”

Oil prices are significantly lower than they were before the start of Russia’s invasion, and only marginally above where they were at the start of 2022. Brent crude oil futures traded at $100 a barrel on 28 February, but were at $81.84 on Thursday.

Oil prices dropped by 1.7% on Thursday. Prices had risen from 12-month lows in early December as traders hoped for increased demand from China after it relaxed its coronavirus restrictions. However, Covid-19 infection numbers are thought to have surged in the country, prompting the US to require travellers from China to show a negative test for the disease and tempering expectations for a rapid increase in oil demand.

 

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Mines found at Ukraine's Zaporizhzhia nuclear plant, UN watchdog says

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

 

Key Points

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

✅ IAEA observes mines in buffer zone at occupied site

✅ Restricted areas; no roof or turbine hall access granted

✅ Safety systems unaffected, but staff under pressure

 

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

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

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

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

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

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

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

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

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

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

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

 

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US judge orders PG&E to use dividends to pay for efforts to reduce wildfire risks

PG&E dividend halt for wildfire mitigation directs cash from shareholders to tree clearing, wildfire risk reduction, and probation compliance under Judge William Alsup, amid bankruptcy, Camp Fire liabilities, and power line vegetation management mandates.

 

Key Points

A court-ordered dividend halt funding vegetation clearance and wildfire mitigation as PG&E meets probation terms.

✅ Judge Alsup bars dividends until mitigation targets met

✅ 375,000 trees cleared near power lines in high-risk zones

✅ Measures tied to probation amid bankruptcy and liabilities

 

A U.S. judge said on Tuesday that PG&E may not resume paying dividends and must use the money to fund its plan for cutting down trees to reduce the risk of wildfires in California, stopping short of more costly measures he proposed earlier this year.

The new criminal probation terms for PG&E are modest compared with ones the judge had in mind in January and that PG&E said could have cost upwards of $150 billion.

The terms will, however, keep PG&E under the supervision of Judge William Alsup of the U.S. District Court for the Northern District of California and hold the company, which also is in Chapter 11 bankruptcy and whose bankruptcy plan has drawn support from wildfire victims, to its target for clearing areas around its power lines of some 375,000 trees this year.

PG&E's probation stems from its felony conviction after a deadly 2010 natural gas pipeline blast in San Bruno, California, near San Francisco, that killed eight people and injured 58 others.

PG&E filed for bankruptcy protection on Jan. 29 in anticipation of liabilities from wildfires, including a catastrophic 2018 blaze, the Camp Fire, for which PG&E later pleaded guilty to 85 counts in state court. It killed 86 people in the deadliest and most destructive wildfire in California history.

At a January hearing, Alsup, who is overseeing PG&E's probation, said he felt compelled to propose additional probation terms in the aftermath of Camp Fire. San Francisco-based PG&E expects its equipment will be found to have caused the blaze.

The probation process is separate from San Francisco-based PG&E's bankruptcy filing and from operational measures such as its pandemic response and shutoff moratorium implemented to protect customers.

As the company faces $30 billion in wildfire liabilities and bankruptcy proceedings and has opened a wildfire assistance program for affected residents, the energy company is expected to name as its new chief executive Bill Johnson, a source said on Tuesday. Johnson has been the CEO of the Tennessee Valley Authority since 2013 and is retiring on Friday.

Additional probation terms imposed by Alsup on Tuesday will require PG&E to meet goals in a wildfire mitigation plan it unveiled in February.

The goals include removing 375,000 dead, dying or hazardous trees from areas at high risk of wildfires in 2019, compared with 160,000 last year.

The judge said PG&E will not be able to pay shareholders until it complies with his new probation terms.

Shares fell 2% on Tuesday to close at $17.66 on the New York Stock Exchange and are down 63% since November 2018 due to concerns about the company's bankruptcy and wildfire liabilities, though the utility has said rates are set to stabilize in 2025 as part of its long-term plan. The shares traded as low as $5.07 in January.

PG&E in December 2017 suspended its quarterly cash dividend, while continuing to pay significant property taxes to California counties, citing uncertainty about liabilities from wildfires in October of that year that struck Northern California.

PG&E paid $798 million in dividends in 2017 and $925 million in 2016, a period in which the company did a poor job of clearing areas around its power lines of hazardous trees, according to Alsup.

Money meant for shareholders should have been spent on efforts to reduce wildfire risks in recent years, Alsup said at Tuesday's hearing.

"PG&E has started way more than its share of these fires," Alsup said.

"I want to see the people of California safe," the judge added.

Lawyers for PG&E did not contest the new terms, which the company considers more feasible than terms Alsup proposed in January.

To comply with the terms Alsup proposed in January, PG&E said it would have to remove 100 million trees. The company added that shutting power lines during high winds as Alsup proposed would not be feasible because the lines traverse rural areas to service cities and suburbs.

Idling lines could also affect the power grid in other states, PG&E said.

Alsup on Tuesday said he was still considering his proposal to require PG&E to shut down power lines during windy weather to prevent tree branches from making contact and sparking wildfires linked to power lines in the region.

 

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