Utilities trim trees or risk big fines

By USA Today


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A nationwide order to trim trees near power lines could decrease significantly the kinds of power outages that plunge whole states into darkness, energy industry experts say.

"We have confidence it will have an impact," says Jim Owen, spokesman for the Edison Electric Institute, a trade group that represents private utilities.

"Now for the first time ever, you can be formally sanctioned and penalized and have to pay serious money" for letting trees grow into lines, Owen says.

Trees falling onto wires in storms or wires sagging in the heat into tree limbs are to blame for most of the major U.S. blackouts going back to 1996, according to the North American Electric Reliability Corp. (NERC). The institute estimates that 90% of weather-related outages are caused by trees hitting power lines.

Mandatory tree trimming did not gain momentum until Aug. 14, 2003, when transmission lines owned by FirstEnergy in Ohio came into contact with tree limbs and triggered the shutdown of 21 power plants in three minutes in the eastern USA and Canada.

The massive outage cut electricity to 50 million people, some of whom were without power for days.

In 2005, Congress passed a bill requiring tree trimming, but it was not enforced until 2007 to give utilities time to comply.

It was not until this summer that NERC, which administers the law, began fining utilities that have not moved aggressively enough to comply.

The first two fines, totaling $255,000, were issued in June. NERC says the fines can go as high as $1 million per day.

"Our focus is maintaining a clearance around those conductors so the transmission lines can be operated safely to their design capabilities," says David Hilt, vice president and director of compliance at NERC. "We're not concerned about health of the trees or aesthetics."

Utilities say they have always had crews working all year to cut thousands of trees along hundreds of thousands of miles of power lines. But with the threat of fines of up to $1 million a day, they say they are moving more aggressively.

"In the past, we trimmed some trees, but now we remove them," says Mark Durbin, a spokesman for FirstEnergy, whose lines figured in the 2003 outage.

"Our responsibility is to ensure the reliability of our system," Durbin says.

The federal rules affect only high-voltage transmission lines and not the neighborhood wires known as distribution lines. It is transmission lines that carry the risk of major outages.

Jay Apt, executive director of the Carnegie Mellon Electricity Industry Center in Pittsburgh, cautions that trees were not the sole culprit in the 2003 blackout. Human error and computer failures also played a role.

However, "any accident is caused by a chain of errors, and if you eliminate any one link in the chain, you generally eliminate the incident," he says.

Others agree. "Tree trimming will make a big difference because right-of-way incursions is one of the biggest reasons why we have outages in general," says Vijay Vittal, director of the Power Systems Engineering Research Center at Arizona State University.

In Ohio and Kentucky, Duke Energy ensures compliance with the law by cutting trees that could potentially grow to within 20 feet of its 600 miles of transmission lines and 9,600 miles of distribution lines, spokeswoman Kathy Meinke says.

That kind of effort to abide by the law is "unreasonable clear-cutting of trees when they're not a threat to the safety of the high-tension electric wires," says Kevin Celarek, town administrator of Green Township near Cincinnati.

After residents and elected officials complained, Duke temporarily halted its cutting of trees on private property in June.

It didn't happen in time for Jacki Maltbie, who lost a dozen 40-year-old maples in her front yard in Ohio's Miami Township outside Cincinnati that month.

"I cried for days. We had a beautiful property here," Maltbie says. "Now we've got 12 stumps that we have to pay to have removed."

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Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

 

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

 

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

 

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Garbage Truck Crash Knocks Down Power Poles in Little Haiti

Little Haiti Garbage Truck Power Outage in Miami after mechanical arms snagged power lines, snapping power poles; FPL crews, police, and businesses faced traffic delays, safety risks, and rapid restoration efforts across the neighborhood.

 

Key Points

A Miami incident where a garbage truck snagged power lines, toppling poles and causing outages and traffic delays.

✅ Mechanical arms caught overhead lines; three power poles snapped

✅ FPL dispatched, police directed traffic; restoration prioritized

✅ Dozens of businesses affected; afternoon rush hour congestion

 

On January 16, 2025, a significant incident unfolded in Miami's Little Haiti neighborhood when a garbage truck collided with power lines, causing three power poles to collapse and resulting in widespread power outages and traffic disruptions.

Incident Details

Around 1:30 p.m., a garbage truck traveling west on Northeast 82nd Street toward Interstate 95 became entangled with overhead power lines. The truck's mechanical arms caught the lines, leading to the snapping of three power poles and plunging the area into darkness, a scenario echoed by urban incidents like a manhole fire that left thousands without power. Witnesses reported a loud boom followed by an immediate power outage. One local business owner described the event, stating, "There was a loud boom, and suddenly the power went out."

Impact on the Community

The incident caused significant disruptions in the Little Haiti area. At least a dozen businesses were affected by the power outage, and in wider Florida events restoration can take weeks depending on damage, leading to operational halts and potential financial losses. The timing of the crash, during the afternoon rush hour, exacerbated traffic congestion as commuters were forced to navigate through the area, and similar disruptions occur when strong winds knock out power, further complicating the situation.

Response and Recovery Efforts

In response to the incident, Miami police directed traffic to alleviate congestion and ensure public safety. Florida Power & Light (FPL) crews, known for their major outage response, were promptly dispatched to the scene to assess the damage and begin restoration efforts. The priority was to safely remove the damaged power poles and restore electricity to the affected area. FPL's swift action was crucial in minimizing the duration of the power outage and restoring normalcy to the community.

Safety Considerations

This incident underscores the importance of safety protocols for vehicles operating in areas with overhead power lines. Garbage trucks, due to their design and operational mechanisms, are particularly susceptible to such accidents, and in broader disasters some regions require a power grid rebuild to recover, highlighting the stakes. It is imperative for operators to be vigilant and adhere to safety guidelines to prevent similar occurrences.

Community Resilience

Despite the challenges posed by the incident, the Little Haiti community demonstrated resilience. Local businesses and residents cooperated with authorities, while utilities elsewhere have restored power to thousands after major events, and the prompt response from emergency services highlighted the community's strength in the face of adversity.

 

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LOC Renewables Delivers First MWS Services To China's Offshore Wind Market

Pinghai Bay Offshore Wind Farm MWS advances marine warranty survey best practices, risk management, and international standards in Fujian, with Haixia Goldenbridge Insurance and reinsurer-aligned audits supporting safer offshore wind construction and logistics.

 

Key Points

An MWS program ensuring Pinghai Bay Phase 2 meets standards via audits, risk controls, and vetted procedures.

✅ First MWS delivered in China's offshore wind market

✅ Audits, risk consultancy, and reinsurer-aligned standards

✅ Supports 250MW Phase 2 at Pinghai Bay, Fujian

 

LOC Renewables has announced it is to carry out marine warranty survey (MWS) services for the second phase of the Pinghai Bay Offshore Wind Farm near Putian, Fujian province, China, on behalf of Haixia Goldenbridge Insurance Co., Ltd. The agreement represents the first time MWS services have been delivered to the Chinese offshore wind market.

China’s installed offshore capacity jumped more than 60% in 2017, and its growing offshore market is aiming for a total grid-connected capacity of 5GW by 2020, as the sector globally advances toward a $1 trillion industry over the coming decades. Much of this future offshore development is slated to take place in Jiangsu, Zhejiang, Guangdong and Fujian provinces. As developers becoming increasingly aware of the need for stringent risk management and value that internationally accepted standards can bring to projects, Pinghai Bay will be the first Chinese offshore wind farm to employ MWS to ensure it meets the highest technical standards and minimise project risk. The agreement will see LOC Renewables carry out audit and risk consultancy services for the project from March until the end of 2018.

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In recent years, as Chinese offshore wind projects have grown in scale and complexity the need for international expertise in the market has increased, with World Bank support for emerging markets underscoring global momentum. In response, domestic insurers are partnering with international reinsurers to manage and mitigate the associated larger risks. Applying the higher standards required by international reinsurers, LOC Renewables will draw on its extensive experience in European, US and Asian offshore wind markets to provide MWS services on the Pinghai project from its Tianjin office.

“As offshore wind technology continues to proliferate across Asia, driven by declining global costs, successful knowledge transfer based on best practices and lessons learned in the established offshore wind markets becomes ever more important,” said Ke Wan, Managing Director, LOC China.

“With a wealth of experience in Europe and the US, where UK offshore wind growth has accelerated, we’re increasingly working on projects across Asia, and are delighted to now be providing the first MWS services to China’s offshore wind market – services that bring real value in lower risk and will enable the project to achieve its full potential.”

“At 250MW, phase two of the Pinghai Bay Wind Farm represents a significant expansion on phase one, and we wanted to ensure that it met the highest technical and risk mitigation standards, informed by regional learnings such as Korean installation vessels analyses,” said Fan Ming, Business Director at Haixia Goldenbridge Insurance.

“In addition to their global experience, LOC Renewables’ familiarity with and presence in the local market was very important to us, and we’re looking forward to working closely with them to help bring this project to fruition and make a significant contribution to China’s expanding offshore wind market.”

 

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U.S. Ends Support for Ukraine’s Energy Grid Restoration

US Termination of Ukraine Energy Grid Support signals a policy shift: USAID halts aid for grid restoration amid Russia attacks, impacting energy security, infrastructure resilience, winter readiness, and negotiations leverage with Moscow and allies.

 

Key Points

A US policy reversal ending USAID support for Ukraine's grid, impacting energy security, resilience, and leverage.

✅ USAID halt reduces funds for grid restoration and winter prep

✅ Policy shift may weaken Kyiv's leverage in talks with Russia

✅ Ukraine seeks EU, IFIs, private capital for energy resilience

 

The U.S. government has recently decided to terminate its support for Ukraine's energy grid restoration, a critical initiative managed by the U.S. Agency for International Development (USAID). This decision, reported by NBC News, comes at a time when Ukraine is grappling with significant challenges to its energy infrastructure due to ongoing Russian attacks. The termination of support was reportedly finalized before Ukrainian President Volodymyr Zelensky's scheduled visit to Washington, marking a significant shift in U.S. policy and raising concerns about the broader implications for Ukraine's energy resilience and its negotiations with Russia.

The Critical Role of U.S. Support

Since Russia's invasion of Ukraine, the country’s energy infrastructure has been one of the primary targets of military strikes. Russia has launched numerous attacks on Ukraine's power generation facilities, substations, and power lines, causing power outages across multiple regions. These attacks have led to significant material losses, with damage reaching billions of dollars. As part of its commitment to Ukraine, the U.S. government, through USAID, had been instrumental in funding restoration efforts aimed at rebuilding and reinforcing Ukraine’s energy grid.

USAID's support was crucial in helping Ukraine withstand the damage inflicted by Russian missile strikes. This aid was not just about restoring basic services but also about fortifying the energy grid to ensure that Ukraine could continue functioning amidst the war and keep the lights on this winter as temperatures drop. The U.S. contribution to Ukraine's energy sector, alongside international support, helped reduce the immediate vulnerabilities faced by Ukraine's civilians and industries.

The Abrupt Change in U.S. Policy

The decision to cut support for energy grid restoration is seen as a sharp reversal in U.S. policy, particularly as the Biden administration has previously shown strong backing for Ukraine in the aftermath of the invasion. This shift in policy was reportedly made by the U.S. State Department, which directed USAID to halt its involvement in the energy sector.

According to NBC News, USAID officials expressed concern about the timing of this decision. One official noted that terminating support for Ukraine’s energy grid restoration would severely undermine the U.S. government's ability to negotiate on issues like ceasefires and peace talks with Russia. The official argued that such a move would signal to Russia that the U.S. is backing away from its long-term investments in Ukraine, potentially weakening Ukraine's position in the ongoing war.

The abrupt end to this support is also seen as a blow to the morale of Ukraine’s government and people. Ukraine had been heavily reliant on the U.S. for resources to repair its critical infrastructure, and the decision to cut this support without warning has created uncertainty about the future of such recovery efforts.

Ukraine’s Response and Search for Alternatives

In response to the termination of U.S. support, Ukrainian officials have been seeking alternative sources of funding to continue the restoration of their energy grid. Deputy Prime Minister Olha Stefanishyna reported that Ukraine has already reached preliminary agreements with other international partners to secure financial support for energy resilience, cyber defense, and recovery programs including new energy solutions for winter blackouts.

These efforts come at a time when Ukraine is working to rebuild its war-torn economy and safeguard critical sectors like energy and infrastructure. The termination of U.S. support for energy restoration projects underscores the growing pressure on Ukraine to diversify its sources of aid and not become overly dependent on any one nation. Ukrainian leaders are in ongoing talks with European governments, international financial institutions, and private investors to ensure that essential programs do not stall due to the lack of funding from the U.S., as energy cooperation grows and Ukraine helps Spain amid blackouts in solidarity.

Implications for Ukraine’s Energy Security

Ukraine's energy security remains a critical issue in the context of the ongoing conflict with Russia. The war has made the country’s energy infrastructure vulnerable to repeated attacks, and the restoration of this infrastructure is essential for ensuring that Ukraine can keep the lights on and recover in the long term. The U.S. has been one of the largest contributors to Ukraine's energy security efforts, and its withdrawal could force Ukraine to look for other partners who may not have the same level of financial or technological resources.

This development also raises questions about the future of U.S. involvement in Ukraine's recovery efforts more broadly. As the war continues and winter looms over the battlefront for frontline communities, the need for reliable and sustained support from international partners will only increase. If the U.S. significantly scales back its aid, Ukraine may face even greater challenges in maintaining its energy infrastructure and achieving long-term recovery.

Moving Forward

The termination of U.S. support for Ukraine’s energy grid restoration serves as a reminder of the complexities involved in international aid and geopolitics during wartime. As Ukraine faces the ongoing realities of the war, it must adapt to a shifting international landscape where traditional allies may not always be reliable sources of support. Ukraine’s leadership will need to be strategic in its search for alternative sources of aid, while also focusing on strengthening its energy grid, managing electricity reserves to stabilize supply, and reducing its vulnerabilities to Russian attacks.

While the end of U.S. support for Ukraine's energy restoration is a significant setback, it also underscores the urgent need for Ukraine to diversify its international partnerships. The future of Ukraine’s energy resilience may depend on how effectively it can navigate these changing dynamics while maintaining the support of the international community in the fight against Russian aggression.

 

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Mercury in $3 billion takeover bid for Tilt Renewables

Mercury Energy Tilt Renewables acquisition signals a trans-Tasman energy push as PowAR and Mercury split assets via a scheme of arrangement, offering $7.80 per share and a $2.96b valuation across Australia and New Zealand.

 

Key Points

A PowAR-Mercury deal to buy Tilt Renewables, splitting Australian and New Zealand assets via a court-approved scheme.

✅ $7.80 per share, valuing Tilt at $2.96b

✅ PowAR takes AU assets; Mercury gets NZ business

✅ Infratil and Mercury to vote for the scheme

 

Mercury Energy and an Australian partner appear to have won the race to buy Tilt Renewables, an Australasian wind farm developer which was spun out of TrustPower, bidding almost $3 billion, amid wider utility consolidation such as the Peterborough Distribution sale to Hydro One.

Yesterday Tilt Renewables announced that it had entered a scheme implementation agreement under which it was proposed that PowAR would acquire its Australian business and Mercury would acquire the New Zealand business, mirroring cross-border approvals where U.S. antitrust clearance shaped Hydro One's bid for Avista.

Conducted through a scheme of arrangement, Tilt shareholders will be offered $7.80 a share, valuing Tilt at $2.96b.

Yesterday morning shares in Tilt opened about 18 per cent up at $7.65, though regulatory outcomes can swing valuations as seen when Hydro One-Avista reconsideration of a U.S. order came into play.

In early December Infratil, which owns around two thirds of Tilt's shares, announced it was undertaking a review of its investment after receiving approaches, with investor sentiment sensitive to governance shifts as when Hydro One shares fell after leadership changes in Ontario.

According to a report in the Australian Financial Review, the transtasman bid beat out other parties including ASX-listed APA Group, Canadian pension fund CDPQ and Australian fund manager Infrastructure Capital Group, as Canadian investors like Ontario Teachers' Plan pursue similar infrastructure deals.

“This compelling acquisition proposal is a result of Tilt Renewables’ constant focus on delivering long-term value for shareholders and the board is pleased that, with these new owners, the transition to renewables in Australia and New Zealand will continue to accelerate,” Tilt’s chairman Bruce Harker said.

Comparable community-led clean energy partnerships, such as initiatives with British Columbia First Nations highlighted in clean-energy generation, underscore the broader momentum.

Just prior to the announcement, Tilt shares had been trading for less than $4. Such repricing reflects how utilities can face perceived uncertainties, as one investor argued too many unknowns at the time.

Mercury is already Tilt’s second largest shareholder, at just under 20 per cent. Both Infratil and Mercury have agreed to vote in favour of the scheme. The deal values Tilt’s New Zealand business at $770m, however the value of Mercury’s existing shareholding is around $585m, meaning the company will increase debt by around $185m.

 

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New England's solar growth is creating tension over who pays for grid upgrades

New England Solar Interconnection Costs highlight distributed generation strains, transmission charges, distribution upgrades, and DAF fees as National Grid maps hosting capacity, driving queue delays and FERC disputes in Rhode Island and Massachusetts.

 

Key Points

Rising upfront grid upgrade and DAF charges for distributed solar in RI and MA, including some transmission costs.

✅ Upfront grid upgrades shifted to project developers

✅ DAF and transmission charges increase per MW costs

✅ Queue delays tied to hosting capacity and cluster studies

 

Solar developers in Rhode Island and Massachusetts say soaring charges to interconnect with the electric grid are threatening the viability of projects. 

As more large-scale solar projects line up for connections, developers are being charged upfront for the full cost of the infrastructure upgrades required, a long-common practice that they say is now becoming untenable amid debates over a new solar customer charge in Nova Scotia. 

“It is a huge issue that reflects an under-invested grid that is not ready for the volume of distributed generation that we’re seeing and that we need, particularly solar,” said Jeremy McDiarmid, vice president for policy and government affairs at the Northeast Clean Energy Council, a nonprofit business organization. 

Connecting solar and wind systems to the grid often requires upgrades to the distribution system to prevent problems, such as voltage fluctuations and reliability risks highlighted by Australian distributors in their networks. Costs can vary considerably from place to place, depending on the amount of distributed generation coming online and the level of capacity planning by regulators, said David Feldman, a senior financial analyst at the National Renewable Energy Laboratory.

“Certainly the Northeast often has more distribution challenges than much of the rest of the country just because it’s more populous and often the infrastructure is older,” he said. “But it’s not unique to the Northeast — in the Midwest, for example, there’s a significant amount of wind projects in the queues and significant delays.”

In Rhode Island and Massachusetts, where strong incentive programs are driving solar development, the level of solar coming online is “exposing the under-investment in the distribution system that is causing these massive costs that National Grid is assigning to particular projects or particular groups of projects,” McDiarmid said. “It is going to be a limiting factor for how much clean energy we can develop and bring online.”

Frank Epps, chief executive officer at Energy Development Partners, has been developing solar projects in Rhode Island since 2010. In that time, he said, interconnection charges on his projects have grown from about $80,000-$120,000 per megawatt to more than $400,000 per megawatt. He attributed the increase to a lack of investment in the distribution network by National Grid over the last decade.

He and other developers say the utility is now adding further to their costs by passing along not just the cost of improving the distribution system — the equivalent of the city street of the grid that brings power directly to customers — but also costs for modifying the transmission system — the interstate highway that moves bulk power over long distances to substations. 

Solar developers who are only requesting to hook into the distribution system, and not applying for transmission service, say they should not be charged for those additional upgrades under state interconnection rules unless they are properly authorized under the federal law that governs the transmission system. 

A Rhode Island solar and wind developer filed a complaint with the Federal Energy Regulatory Commission in February over transmission system improvement charges for its four proposed solar projects. Green Development said National Grid subsidiaries Narragansett Electric and New England Power Company want to charge the company more than $500,000 a year in operating and maintenance expenses assessed as so-called direct assignment facility charges. 

“This amount nearly doubles the interconnection costs associated with the projects,” which total 38.4 megawatts in North Smithfield, the company says in its complaint. “Crucially, these charges are linked to recovering costs associated with providing transmission service — even though no such transmission service is being provided to Green Development.”

But Ted Kresse, a spokesperson for National Grid, said the direct assignment facility, or DAF, construct has been in place for decades and has been applied to any customer affecting the need for transmission upgrades.

“It is the result of the high penetration and continued high volume of distributed generation interconnections that has recently prompted the need for transmission upgrades, and subsequently the pass-through of the associated DAF charges,” he said. 

Several complaints before the Rhode Island Public Utilities Commission object to these DAF and other transmission charges.

One petition for dispute resolution concerns four solar projects totaling 40 MW being developed by Energy Development Partners in a former gravel pit in North Kingstown. Brown University has agreed to purchase the power. 

The developer signed interconnection service agreements with Narragansett Electric in 2019 requiring payment of $21.6 million for costs associated with connecting the projects at a new Wickford Junction substation. Last summer, Narragansett sought to replace those agreements with new ones that reclassified a portion of the costs as transmission-level costs, through New England Power, National Grid’s transmission subsidiary.

That shift would result in additional operational and maintenance charges of $835,000 per year for the estimated 35-year life of the projects, the complaint says.

“This came as a complete shock to us,” Epps said. “We’re not just paying for the maintenance of a new substation. We are paying a share of the total cost that the system owner has to own and operate the transmission system. So all of the sudden, it makes it even tougher for distributed energy resources to be viable.”

In its response to the petition, National Grid argues that the charges are justified because the solar projects will require transmission-level upgrades at the new substation. The company argues that the developer should be responsible for the costs rather than ratepayers, “who are already supporting renewable energy development through their electric rates.”

Seth Handy, one of the lawyers representing Green Development in the FERC complaint, argues that putting transmission system costs on distribution assets is unfair because the distributed resources are “actually reducing the need to move electricity long distances. We’ve been fighting these fights a long time over the underestimating of the value of distributed energy in reducing system costs.”

Handy is also representing the Episcopal Diocese of Rhode Island before the state Supreme Court in its appeal of an April 2020 public utilities commission order upholding similar charges for a proposed 2.2-megawatt solar project at the diocese’s conference center and camp in Glocester. 

Todd Bianco, principal policy associate at the utilities commission, said neither he nor the chairperson can comment on the pending dockets contesting these charges. But he noted that some of these issues are under discussion in another docket examining National Grid’s standards for connecting distributed generation. Among the proposals being considered is the appointment of an independent ombudsperson to resolve interconnection disputes. 

Separately, legislation pending before the Rhode Island General Assembly would remove responsibility for administering the interconnection of renewable energy from utilities, and put it under the authority of the Rhode Island Infrastructure Bank, a financing agency.

Handy, who recently testified in support of the bill, said he believes National Grid has too many conflicting interests to administer interconnecting charges in a timely, transparent and fair fashion, and pointed to utility moves such as changes to solar compensation in other states as examples. In particular, he noted the company’s interests in expanding natural gas infrastructure. 

“There are all kinds of economic interests that they have that conflict with our state policy to provide lower-cost renewable energy and more secure energy solutions,” Handy said.

In testimony submitted to the House Committee on Corporations opposing the legislation, National Grid said such powers are well beyond the purpose and scope of the infrastructure bank. And it cited figures showing Rhode Island is third in the country for the most installed solar per square mile (behind New Jersey and Massachusetts).

Nadav Enbar, program manager at the Electric Power Research Institute, a nonprofit research organization for the utility industry, said interconnection delays and higher costs are becoming more common due to “the incredible uptake” in distributed renewable energy, particularly solar.

That’s impacting hosting capacity, the room available to connect all resources to a circuit without causing adverse harm to reliability and safety. 

“As hosting capacity is being reduced, it’s causing an increasing number of situations where utilities need to study their systems to guarantee interconnection without compromising their systems,” he said. “And that is the reason why you’re starting to see some delays, and it has translated into some greater costs because of the need for upgrades to infrastructure.”

The cost depends on the age or absence of infrastructure, projected load growth, the number of renewable energy projects in the queue, and other factors, he said. As utilities come under increasing pressure to meet state renewable goals, and as some states pilot incentives like a distributed energy rebate in Illinois to drive utility innovation, some (including National Grid) are beginning to provide hosting capacity maps that provide detailed information to developers and policymakers about the amount of distributed energy that can be accommodated at various locations on the grid, he said. 

In addition, the coming availability of high-tech “smart inverters” should help ease some of these problems because they provide the grid with more flexibility when it comes to connecting and communicating with distributed energy resources, Enbar said. 

In Massachusetts, the Department of Public Utilities has opened a docket to explore ways to better plan for and share the cost of upgrading distribution infrastructure to accommodate solar and other renewable energy sources as part of a grid overhaul for renewables nationwide. National Grid has been conducting “cluster studies” there that attempt to analyze the transmission impacts of a group of solar projects and the corresponding interconnection cost to each developer.

Kresse, of National Grid, said the company favors cost-sharing methodologies under consideration that would “provide a pathway to spread cost over the total enabled capacity from the upgrade, as opposed to spreading the cost over only those customers in the queue today.” 

Solar developers want regulators to take an even broader approach that factors in how the deployment of renewables and the resulting infrastructure upgrades benefit not just the interconnecting generator, but all customers. 

“Right now, if your project is the one that causes a multimillion-dollar upgrade, you are assigned that cost even though that upgrade is going to benefit a lot of other projects, as well as make the grid stronger,” said McDiarmid, of the clean energy council. “What we’re asking for is a way of allocating those costs among a variety of developers, as well as to the grid itself, meaning ratepayers. There’s a societal benefit to increasing the modernization of the grid, and improving the resilience of the grid.”

In the meantime, BlueHub Capital, a Boston-based solar developer focused on serving affordable housing developments, recently learned from National Grid that, as a part of one of the area studies, it will be required to pay $5.8 million in transmission and distribution upgrades to interconnect a 2-megawatt solar-plus-storage project that leverages cheaper batteries to enhance resilience, approved for a brownfield site in Gardner, Massachusetts. 

According to testimony submitted to the department, the sum is supposed to be paid within the next year, even though the project will have to wait to be interconnected until April 2027, when a new transmission line is completed. In addition, BlueHub will be responsible for DAF charges totaling $3.4 million over the 20-year life of the project. 

“We’re being asked to pay a fortune to provide solar that the state wants,” said DeWitt Jones, BlueHub’s president. “It’s so expensive that the upgrades are driving everyone out of the interconnection queue. The costs stay the same, but they fall on fewer projects. We need a process of grid design and modernization to guide this.”

 

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