Coal plant foes lose court ruling

By Knight Ridder Tribune


Protective Relay Training - Basic

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 12 hours Instructor-led
  • Group Training Available
Regular Price:
$699
Coupon Price:
$599
Reserve Your Seat Today
The Oklahoma Supreme Court turned back an effort to stop a set of regulatory hearings on a proposed $1.8 billion coal-fired power plant.

The decision came after the conclusion of hearings over the proposed 950-megawatt power plant to be built near Red Rock. In a one-sentence decision, the court denied an application by Oklahoma City-based Chesapeake Energy Corp. and the Quality of Service Coalition, a group of Oklahoma business and municipalities, requesting the court to assume original jurisdiction in the case.

The court did not comment on the merits of the case.

"We are disappointed in the decision, but that doesn't detour us from moving forward," said Lee Paden, an attorney for Chesapeake and the Quality of Service Coalition. Both parties will continue to oppose the plant, he said.

The petitioners filed the application in June, calling the hearings at the Oklahoma Corporation Commission unconstitutional. Under state law, the OCC, the state agency that regulates utilities, can determine whether the electricity produced by a proposed power plant is needed by ratepayers.

If the OCC determines that the power is "used and useful," utilities may ultimately be able to recover the costs associated with the construction of the plant through their rates. The petitioners contend that the Oklahoma Constitution does not give the commission the power to approve a power plant in advance or to interfere with the internal operations of a public utility.

Chesapeake, the largest producer of Oklahoma natural gas, has been a fierce opponent of the Red Rock power plant, which is billed as the largest project of its kind in the nation. The company has mounted a campaign against the plant, buying newspaper advertisements and circulating letters protesting the facility.

Aubrey McClendon, Chesapeake chairman and CEO, appeared before the commission and urged it to stand on the "right side of history" and oppose "dirty coal". Administrative Law Judge Maribeth Snapp, who oversaw the hearings on the Red Rock plant, will issue a recommendation to the commission on Aug. 21 before the commission makes a final decision.

The "ultra supercritical" plant, which is heralded as a cleaner alternative to traditional coal plants, is a joint venture between American Electric Power-Public Service Company of Oklahoma and Oklahoma Gas and Electric Co. - the state's largest electricity providers - and Oklahoma Municipal Power Authority. Stan Whiteford, a spokesman for AEP-PSO, said the commission is the proper venue for the hearings.

"We were expecting this outcome," he said.

Related News

More Managers Charged For Price Fixing At Ukraine Power Producer

DTEK Rotterdam+ price-fixing case scrutinizes alleged collusion over coal-based electricity tariffs in Ukraine, with NABU probing NERC regulators, market manipulation, consumer overpayment, and wholesale pricing tied to imported coal benchmarks.

 

Key Points

NABU probes alleged DTEK-NERC collusion to inflate coal power tariffs via Rotterdam+; all suspects deny wrongdoing.

✅ NABU alleges tariff manipulation tied to coal import benchmarks.

✅ Four DTEK execs and four NERC officials reportedly charged.

✅ Probe centers on 2016-2017 overpayments; defendants contest.

 

Two more executives of DTEK, Ukraine’s largest private power and coal producer and recently in energy talks with Octopus Energy, have been charged in a criminal case on August 14 involving an alleged conspiracy to fix electricity prices with the state energy regulator, Interfax reported.

They are Ivan Helyukh, the CEO of subsidiary DTEK Grid, which operates as Ukraine modernizes its network alongside global moves toward a smart electricity grid, and Borys Lisoviy, a top manager of power generation company Skhidenergo, according to Kyiv-based Concorde Capital investment bank.

Ukraine’s Anti-Corruption Bureau (NABU) alleges that now four DTEK managers “pressured” and colluded with four regulators at the National Energy and Utilities Regulatory Commission to manipulate tariffs on electricity generated from coal that forced consumers to overpay, reflecting debates about unjustified profits in the UK, $747 million in 2016-2017.

 

DTEK allegedly benefited $560 million in the scheme.

All eight suspects are charged with “abuse of office” and deny wrongdoing, similar to findings in a B.C. Hydro regulator report published in Canada.

There is “no legitimate basis for suspicions set out in the investigation,” DTEK said in an August 8 statement.

Suspect Dmytro Vovk, the former head of NERC, dismissed the investigation as a “wild goose chase” on Facebook.

In separate statements over the past week, DTEK said the managers who are charged have prematurely returned from vacation to “fully cooperate” with authorities in order to “help establish the truth.”

A Kyiv court on August 14 set bail at $400,000 for one DTEK manager who wasn’t named, as enforcement actions like the NT Power penalty highlight regulatory consequences.

The so-called Rotterdam+ pricing formula that NABU has been investigating since March 2017, similar to federal scrutiny of TVA rates, was in place from April 2016 until July of this year.

It based the wholesale price of electricity by Ukrainian thermal power plants on coal prices set in the Rotterdam port plus delivery costs to Ukraine.

NABU alleges that at certain times it has not seen documented proof that the purchased coal originated in Rotterdam, insisting that there was no justification for the price hikes, echoing issues around paying for electricity in India in some markets.

Ukraine started facing thermal-coal shortages after fighting between government forces and Russia-backed separatists in the eastern part of the country erupted in April 2014. A vast majority of the anthracite-coal mines on which many Ukrainian plants rely are located on territory controlled by the separatists.

Overnight, Ukraine went from being a net exporter of coal to a net importer and started purchasing coal from as far away as South Africa and Australia.

 

Related News

View more

California's future with income-based flat-fee utility bills is getting closer

California Income-Based Utility Fees would overhaul electricity bills as CPUC weighs fixed charges tied to income, grid maintenance costs, AB 205 changes, and per-kilowatt-hour rates, shifting from pure usage pricing to hybrid utility rate design.

 

Key Points

Income-based utility fees are fixed monthly charges tied to earnings, alongside per-kWh rates, to help fund grid costs.

✅ CPUC considers fixed charges by income under AB 205

✅ Separates grid costs from per-kWh energy charges

✅ Could shift rooftop solar and EV charging economics

 

Electricity bills in California are likely to change dramatically in 2026, with major changes under discussion statewide.

The California Public Utilities Commission (CPUC) is in the midst of an unprecedented overhaul of the way most of the state’s residents pay for electricity, as it considers revamping electricity rates to meet grid and climate goals.

Utility bills currently rely on a use-more pay-more system, where bills are directly tied to how much electricity a resident consumes, a setup that helps explain why prices are soaring for many households.

California lawmakers are asking regulators to take a different approach, and some are preparing to crack down on utility spending as oversight intensifies. Some of the bill will pay for the kilowatt hours a customer uses and a monthly fixed fee will help pay for expenses to maintain the electric grid: the poles, the substations, the batteries, and the wires that bring power to people’s homes.

The adjustments to the state’s public utility code, section 739.9, came about because of changes written into a sweeping energy bill passed last summer, AB 205, though some lawmakers now aim to overturn income-based charges in subsequent measures.

A stroke of a pen, a legislative vote, and the governor’s signature created a move toward unprecedented income-based fixed charges across the state.

“This was put in at the last minute,” said Ahmad Faruqui, a California economist with a long professional background in utility rates. “Nobody even knew it was happening. It was not debated on the floor of the assembly where it was supposedly passed. Of course, the governor signed it.”

Faruqui wonders who was responsible for legislation that was added to the energy bill during the budget writing process. That process is not transparent.

“It’s a very small clause in a very long bill, which is mostly about other issues,” Faruqui said.

But that small adjustment could have a massive impact on California residents, because it links the size of a monthly flat fee for utility service to a resident’s income. Earn more money and pay a higher flat fee.

That fee must be paid even before customers are charged for how much power they draw.

Regulators interpreted legislative change as a mandate, but Faruqui is not sold.

“They said the commission may consider or should consider,” Faruqui said. “They didn’t mandate it. It’s worth re-reading it.”

In fact, the legislative language says the commission “may” adopt income-based flat fees for utilities. It does not say the commission “should” adopt them.

Nevertheless, the CPUC has already requested and received nine proposals for how a flat fee should be implemented, as regulators face calls for action amid soaring electricity bills.

The suggestions came from consumer groups, environmentalists, the solar industry and utilities.

 

Related News

View more

No public details for Newfoundland electricity rate mitigation talks

Muskrat Falls rate mitigation progresses as Newfoundland and Labrador and Ottawa align under the updated Atlantic Accord, targeting affordable electricity rates through federal involvement, PUB input, and potential financing solutions with Nalcor, Emera, and lenders.

 

Key Points

An initiative by NL and Ottawa to keep electricity rates affordable via federal support, PUB input, and financing options.

✅ Federal-provincial talks under the updated Atlantic Accord

✅ PUB process integrated for independent oversight

✅ Possible roles for Nalcor, Emera, and project lenders

 

At the announcement of an updated Atlantic Accord between the provincial and federal governments, Newfoundland and Larbrador Premier Dwight Ball gave notice federal Finance Minister Bill Morneau will be in St. John’s to talk about the cost of Muskrat Falls and how Labrador power flows through Quebec to market.

“We look forward to welcoming Minister Morneau and his team to advance discussions on federal financing and rate mitigation,” read a statement from the premier’s office Tuesday, in response to questions about that coming meeting and federal-provincial work on rate mitigation.

At the announcement, Ball specifically said the plan is to “finalize federal involvement for making sure electricity rates remain affordable,” such as shielding ratepayers from overruns through federal-provincial measures, with Ball and MP Seamus O’Regan trumpeting the provincial-federal relationship.

The provincial and federal governments are not the only two parties involved in provincial power rates and handling of Muskrat Falls, even as electricity users have started paying for the project across Newfoundland and Labrador, but The Telegram is told details of meetings on rate mitigation are not being released, down to the list of attendees.

The premier’s office was asked specifically about the involvement of Nalcor Energy, including a recent financial update during the pandemic, Emera, Goldman, TD or any others involved in project financing. The response was that the plan is not to indicate what is being explored and who might be involved, until there is something more concrete to speak about.

The government’s plan is to have something to feed into the ongoing work of the Public Utilities Board, to develop a more complete response for rate mitigation, including lump-sum credits on electricity bills and other tools, for the PUB’s final report, due in 2020, even as regulators in Nova Scotia weigh a 14% rate hike in a separate proceeding.

 

Related News

View more

Consumer choice has suddenly revolutionized the electricity business in California. But utilities are striking back

California Community Choice Aggregators are reshaping electricity markets with renewable energy, solar and wind sourcing, competitive rates, and customer choice, challenging PG&E, SDG&E, and Southern California Edison while advancing California's clean power goals.

 

Key Points

Local governments that buy power, often cleaner and cheaper, while utilities handle delivery and billing.

✅ Offer higher renewable mix than utilities at competitive rates

✅ Utilities retain transmission and billing responsibilities

✅ Rapid expansion threatens IOU market share across California

 

Nearly 2 million electricity customers in California may not know it, but they’re part of a revolution. That many residents and businesses are getting their power not from traditional utilities, but via new government-affiliated entities known as community choice aggregators. The CCAs promise to deliver electricity more from renewable sources, such as solar and wind, even as California exports its energy policies across Western states, and for a lower price than the big utilities charge.

The customers may not be fully aware they’re served by a CCA because they’re still billed by their local utility. But with more than 1.8 million accounts now served by the new system and more being added every month, the changes in the state’s energy system already are massive.

Faced for the first time with real competition, the state’s big three utilities have suddenly become havens of innovation. They’re offering customers flexible options on the portion of their power coming from renewable energy, amid a broader review to revamp electricity rates aimed at cleaning the grid, and they’re on pace to increase the share of power they get from solar and wind power to the point where they are 10 years ahead of their deadline in meeting a state mandate.

#google#

But that may not stem the flight of customers. Some estimates project that by late this year, more than 3 million customers will be served by 20 CCAs, and that over a longer period, Pacific Gas & Electric, Southern California Edison, and San Diego Gas & Electric could lose 80% of their customers to the new providers.

Two big customer bases are currently in play: In Los Angeles and Ventura counties, a recently launched CCA called the Clean Power Alliance is hoping by the end of 2019 to serve nearly 1 million customers. Unincorporated portions of both counties and 29 municipalities have agreed in principle to join up.

Meanwhile, the city of San Diego is weighing two options to meet its goal of 100% clean power by 2035, as exit fees are being revised by the utilities commission: a plan to be submitted by SDG&E, or the creation of a CCA. A vote by the City Council is expected by the end of this year. A city CCA would cover 1.4 million San Diegans, accounting for half SDG&E’s customer demand, according to Cody Hooven, the city’s chief sustainability officer.

Don’t expect the big companies to give up their customers without a fight. Indeed, battle lines already are being drawn at the state Public Utilities Commission, where a recent CPUC ruling sided with a community energy program over SDG&E, and local communities.

“SDG&E is in an all-out campaign to prevent choice from happening, so that they maintain their monopoly,” says Nicole Capretz, who wrote San Diego’s climate action plan as a city employee and now serves as executive director of the Climate Action Campaign, which supports creation of the CCA.

California is one of seven states that have legalized the CCA concept, even as regulators weigh whether the state needs more power plants to ensure reliability. (The others are New York, New Jersey, Massachusetts, Ohio, Illinois and Rhode Island.) But the scale of its experiment is likely to be the largest in the country, because of the state’s size and the ambition of its clean-power goal, which is for 50% of its electricity to be generated from renewable sources by 2030.

California created its system via legislative action in 2002. Assembly Bill 117 enabled municipalities and regional governments to establish CCAs anywhere that municipal power agencies weren’t already operating. Electric customers in the CCA zones were automatically signed up, though they could opt out and stay with their existing power provider. The big utilities would retain responsibility for transmission and distribution lines.

The first CCA, Marin Clean Energy, began operating in 2010 and now serves 470,000 customers in Marin and three nearby counties.

The new entities were destined to come into conflict with the state’s three big investor-owned utilities. Their market share already has fallen to about 70%, from 78% as recently as 2010, and it seems destined to keep falling. In part that’s because the CCAs have so far held their promise: They’ve been delivering relatively clean power and charging less.

The high point of the utilities’ hostility to CCAs was the Proposition 16 campaign in 2009. The ballot measure was dubbed the “Taxpayers Right to Vote Act,” but was transparently an effort to smother CCAs in the cradle. PG&E drafted the measure, got it on the ballot, and contributed all of the $46.5 million spent in the unsuccessful campaign to pass it.

As recently as last year, PG&E and SDG&E were lobbying in the legislature for a bill that would place a moratorium on CCAs. The effort failed, and hasn’t been revived this year.

Rhetoric similar to that used by PG&E against Marin’s venture has surfaced in San Diego, where a local group dubbed “Clear the Air” is fighting the CCA concept by suggesting that it could be financially risky for local taxpayers and questioning whether it will be successful in providing cleaner electricity. Whether Clear the Air is truly independent of SDG&E’s parent, Sempra Energy, is questionable, as at least two of its co-chairs are veteran lobbyists for the company.

SDG&E spokeswoman Helen Gao says the utility supports “customers’ right to choose an energy provider that best meets their needs” and expects to maintain a “cooperative relationship” with any provider chosen by the city.

 

Related News

View more

Huge offshore wind turbine that can power 18,000 homes

Siemens Gamesa SG 14-222 DD advances offshore wind with a 14 MW direct-drive turbine, 108 m blades, a 222 m rotor, optional 15 MW boost, powering about 18,000 homes; prototype 2021, commercial launch 2024.

 

Key Points

A 14 MW offshore wind turbine with 108 m blades and a 222 m rotor, upgradable to 15 MW, targeting commercial use in 2024.

✅ 14 MW direct-drive, upgradable to 15 MW

✅ 108 m blades, 222 m rotor diameter

✅ Powers about 18,000 European homes annually

 

Siemens Gamesa Renewable Energy (SGRE) has released details of a 14-megawatt (MW) offshore wind turbine, as offshore green hydrogen production gains attention, in the latest example of how technology in the sector is increasing in scale.

With 108-meter-long blades and a rotor diameter of 222 meters, the dimensions of the SG 14-222 DD turbine are significant.

In a statement Tuesday, SGRE said that one turbine would be able to power roughly 18,000 average European households annually, while its capacity can also be boosted to 15 MW if needed. A prototype of the turbine is set to be ready by 2021, and it’s expected to be commercially available in 2024, as forecasts suggest a $1 trillion business this decade.

As technology has developed over the last few years, the size of wind turbines has increased, and renewables are set to shatter records globally.

Last December, for example, Dutch utility Eneco started to purchase power produced by the prototype of GE Renewable Energy’s Haliade-X 12 MW wind turbine. That turbine has a capacity of 12 MW, a height of 260 meters and a blade length of 107 meters.

The announcement of Siemens Gamesa’s new turbine plans comes against the backdrop of the coronavirus pandemic, which is impacting renewable energy companies around the world, even as wind power sees growth despite Covid-19 in many markets.

Earlier this month, the European company said Covid-19 had a “direct negative impact” of 56 million euros ($61 million) on its profitability between January and March, amid factory closures in Spain and supply chain disruptions. This, it added, was equivalent to 2.5% of revenues during the quarter.

The pandemic has, in some parts of the world, altered the sources used to power society. At the end of April, for instance, it was announced that a new record had been set for coal-free electricity generation in Great Britain, where UK offshore wind growth has accelerated, with a combination of factors — including coronavirus-related lockdown measures — playing a role.

On Tuesday, the CEO of another major wind turbine manufacturer, Danish firm Vestas, sought to emphasize the importance of renewable energy in the years and months ahead, and the lessons the U.S. can learn from the U.K. on wind deployment.

“I think we have actually, throughout this crisis, also shown to all society that renewables can be trusted,” Henrik Andersen said during an interview on CNBC’s Street Signs.

“But we both know ... that that transformation of energy sources is not going to happen overnight, it’s not going to happen from a quarter to a quarter, it’s going to happen by consistently planning year in, year out.”

 

Related News

View more

Trump declares end to 'war on coal,' but utilities aren't listening

US Utilities Shift From Coal as natural gas stays cheap, renewables like wind and solar scale, Clean Power Plan uncertainty lingers, and investors, state policies, and emissions targets drive generation choices and accelerate retirements.

 

Key Points

A long-term shift by utilities from coal to cheap natural gas, expanding renewables, and lower-emission generation.

✅ Cheap natural gas undercuts coal on price and flexibility.

✅ Renewables costs falling; wind and solar add competitive capacity.

✅ State policies and investors sustain emissions reductions.

 

When President Donald Trump signed an executive order last week to sweep away Obama-era climate change regulations, he said it would end America's "war on coal", usher in a new era of energy production and put miners back to work.

But the biggest consumers of U.S. coal - power generating companies - remain unconvinced about efforts to replace Obama's power plant overhaul with a lighter-touch approach.

Reuters surveyed 32 utilities with operations in the 26 states that sued former President Barack Obama's administration to block its Clean Power Plan, the main target of Trump's executive order. The bulk of them have no plans to alter their multi-billion dollar, years-long shift away from coal, suggesting demand for the fuel will keep falling despite Trump's efforts.

The utilities gave many reasons, mainly economic: Natural gas - coal’s top competitor - is cheap and abundant; solar and wind power costs are falling; state environmental laws remain in place; and Trump's regulatory rollback may not survive legal challenges, as rushed pricing changes draw warnings from energy groups.

Meanwhile, big investors aligned with the global push to fight climate change – such as the Norwegian Sovereign Wealth Fund – have been pressuring U.S. utilities in which they own stakes to cut coal use.

"I’m not going to build new coal plants in today’s environment," said Ben Fowke, CEO of Xcel Energy, which operates in eight states and uses coal for about 36 percent of its electricity production. "And if I’m not going to build new ones, eventually there won’t be any."

Of the 32 utilities contacted by Reuters, 20 said Trump's order would have no impact on their investment plans; five said they were reviewing the implications of the order; six gave no response. Just one said it would prolong the life of some of its older coal-fired power units.

North Dakota's Basin Electric Power Cooperative was the sole utility to identify an immediate positive impact of Trump's order on the outlook for coal.

"We're in the situation where the executive order takes a lot of pressure off the decisions we had to make in the near term, such as whether to retrofit and retire older coal plants," said Dale Niezwaag, a spokesman for Basin Electric. "But Trump can be a one-termer, so the reprieve out there is short."

Trump's executive order triggered a review aimed at killing the Clean Power Plan and paving the way for the EPA's Affordable Clean Energy rule to replace it, though litigation is ongoing. The Obama-era law would have required states, by 2030, to collectively cut carbon emissions from existing power plants by 30 percent from 2005 levels. It was designed as a primary strategy in U.S. efforts to fight global climate change.

The U.S. coal industry, without increases in domestic demand, would need to rely on export markets for growth. Shipments of U.S. metallurgical coal, used in the production of steel, have recently shown up in China following a two-year hiatus - in part to offset banned shipments from North Korea and temporary delays from cyclone-hit Australian producers.

 

RETIRING AND RETROFITTING

Coal had been the primary fuel source for U.S. power plants for the last century, but its use has fallen more than a third since 2008 after advancements in drilling technology unlocked new reserves of natural gas.

Hundreds of aging coal-fired power plants have been retired or retrofitted. Huge coal mining companies like Peabody Energy Corp and Arch Coal fell into bankruptcy, and production last year hit its lowest point since 1978.

The slide appears likely to continue: U.S. power companies now expect to retire or convert more than 8,000 megawatts of coal-fired plants in 2017 after shutting almost 13,000 MW last year, according to U.S. Energy Information Administration and Thomson Reuters data.

Luke Popovich, a spokesman for the National Mining Association, acknowledged Trump's efforts would not return the coal industry to its "glory days," but offered some hope.

"There may not be immediate plans for utilities to bring on more coal, but the future is always uncertain in this market," he said.

Many of the companies in the Reuters survey said they had been focused on reducing carbon emissions for a decade or more while tracking 2017 utility trends that reinforce long-term planning, and were hesitant to change direction based on shifting political winds in Washington D.C.

"Utility planning typically takes place over much longer periods than presidential terms of office," Berkshire Hathaway Inc-owned Pacificorp spokesman Tom Gauntt said.

Several utilities also cited falling costs for wind and solar power, which are now often as cheap as coal or natural gas, thanks in part to government subsidies for renewable energy and recent FERC decisions affecting the grid.

In the meantime, activist investors have increased pressure on U.S. utilities to shun coal.

In the last year, Norway's sovereign wealth fund, the world's largest, has excluded more than a dozen U.S. power companies - including Xcel, American Electric Power Co Inc and NRG Energy Inc - from its investments because of their reliance on coal-fired power.

Another eight companies, including Southern Co and NorthWestern Corp, are "under observation" by the fund.

Wyoming-based coal miner Cloud Peak Energy said it doesn't blame utilities for being lukewarm to Trump's order.

"For eight years, if you were a utility running coal, you got the hell kicked out of you," said Richard Reavey, a spokesman for the company. "Are you going to turn around tomorrow and say, 'Let's buy lots of coal plants'? Pretty unlikely."

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Download the 2025 Electrical Training Catalog

Explore 50+ live, expert-led electrical training courses –

  • Interactive
  • Flexible
  • CEU-cerified