AEP coal-plant construction faces new hurdles

Affordable Clean Energy Rule Lawsuit pits EPA and coal industry allies against health groups over Clean Power Plan repeal, greenhouse gas emissions standards, climate change, public health, and state authority before the D.C. Circuit.

Key Points

A legal fight over EPA's ACE rule and CPP repeal, weighing emissions policy, state authority, climate, and public health.

✅ Challenges repeal of Clean Power Plan and adoption of ACE.

✅ EPA backed by coal, utilities; health groups seek stricter limits.

✅ D.C. Circuit to review emissions authority and state roles.

The largest trade association representing coal interests in the country has joined other business and electric utility groups in siding with the EPA in a lawsuit challenging the Trump administration's repeal of the Clean Power Plan.

The suit -- filed by the American Lung Association and the American Public Health Association -- seeks to force the U.S. Environmental Protection Agency to drop a new rule-making process that critics claim would allow higher levels of greenhouse gas emissions, further contributing to the climate crisis and negatively impacting public health.

The new rule, which the Trump administration calls the "Affordable Clean Energy rule" (ACE), "would replace the 2015 Clean Power Plan, which EPA has proposed to repeal because it exceeded EPA's authority. The Clean Power Plan was stayed by the U.S. Supreme Court and has never gone into effect," according to an EPA statement.

EPA has also moved to rewrite wastewater limits for coal power plants, signaling a broader rollback of related environmental requirements.

America's Power -- formerly the American Coalition for Clean Coal Electricity -- the U.S. Chamber of Commerce, the National Mining Association, and the National Rural Electric Cooperative Association have filed motions seeking to join the lawsuit. The U.S. Court of Appeals for the District of Columbia Circuit has not yet responded to the motion.

Separately, energy groups warned that President Trump and Energy Secretary Rick Perry were rushing major changes to electricity pricing that could disrupt markets.

"In this rule, the EPA has accomplished what eluded the prior administration: providing a clear, legal pathway to reduce emissions while preserving states' authority over their own grids," Hal Quinn, president and chief executive officer of the mining association, said when the new rule was released last month. "ACE replaces a proposal that was so extreme that the Supreme Court issued an unprecedented stay of the proposal, having recognized the economic havoc the mere suggestion of such overreach was causing in the nation's power grid."

Around the same time, a coal industry CEO blasted a federal agency's decision on the power grid as harmful to reliability.

The trade and business groups have argued that the Clean Power Plan, set by the Obama administration, was an overreach of federal power. Finalized in 2015, the plan was President Obama's signature policy on climate change, rooted in compliance with the Paris Climate Treaty. It would have set state limits on emissions from existing power plants but gave wide latitude for meeting goals, such as allowing plant operators to switch from coal to other electric generating sources to meet targets.

Former EPA Administrator Scott Pruitt argued that the rule exceeded federal statutory limits by imposing "outside the fence" regulations on coal-fired plants instead of regulating "inside the fence" operations that can improve efficiency.

The Clean Power Plan set a goal of reducing carbon emissions from power generators by 32 percent by the year 2030. An analysis from the Rhodium Group found that had states taken full advantage of the CPP's flexibility, emissions would have been reduced by as much as 72 million metric tons per year on average. Still, even absent federal mandates, the group noted that states are taking it upon themselves to enact emission-reducing plans based on market forces.

In its motion, America's Power argues the EPA "acknowledged that the [Best System of Emission Reduction] for a source category must be 'limited to measures that can be implemented ... by the sources themselves.'" If plants couldn't take action, compliance with the new rule would require the owners or operators to buy emission rate credits that would increase investment in electricity from gas-fired or renewable sources. The increase in operating costs plus federal efforts to shift power generation to other sources of energy, thereby increasing costs, would eventually force the coal-fired plants out of business.

In related proceedings, renewable energy advocates told FERC that a DOE proposal to subsidize coal and nuclear plants was unsupported by the record, highlighting concerns about market distortions.

"While we are confident that EPA will prevail in the courts, we also want to help EPA defend the new rule against others who prefer extreme regulation," said Michelle Bloodworth, president and CEO of America's Power.

"Extreme regulation" to one group is environmental and health protections to another, though.

Howard A. Learner, executive director of the Environmental Law & Policy Center of the Midwest, defended the Clean Power Plan in an opinion piece published in June.

"The Midwest still produces more electricity from coal plants than any other region of the country, and Midwesterners bear the full range of pollution harms to public health, the Great Lakes, and overall environmental quality," Learner wrote. "The new [Affordable Clean Energy] Rule is a misguided policy, moves our nation backward in solving climate change problems, and misses opportunities for economic growth and innovation in the global shift to renewable energy. If not reversed by the courts, as it should be, the next administration will have the challenge of doing the right thing for public health, the climate and our clean energy future."

When it initially filed its lawsuit against the Trump administration's Affordable Clean Energy Rule, the American Lung Association accused the EPA of "abdicat[ing] its legal duties and obligations to protect public health." It also referred to the new rule as "dangerous."

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CAISO Clean Energy Transition outlines California's path to 100% carbon-free power by 2045, scaling renewables, battery storage, and offshore wind while safeguarding grid reliability, managing natural gas, and leveraging Western markets like EDAM.

Key Points

CAISO Clean Energy Transition is the plan to reach 100% carbon-free power by 2045 while maintaining grid reliability.

✅ Target: add 7 GW/year to reach 120 GW capacity by 2045

✅ Battery storage up 30x; smooths intermittent solar and wind

✅ EDAM and WEIM enhance imports, savings, and reliability

Mark Rothleder, Chief Operating Officer and Senior Vice President at the California Independent System Operator (CAISO), which manages roughly 80% of California’s electric grid, has expressed cautious optimism about meeting the state's ambitious clean energy targets while keeping the lights on across the grid. However, he acknowledges that this journey will not be without its challenges.

California aims to transition its power system to 100% carbon-free sources by 2045, ensuring a reliable electricity supply at reasonable costs for consumers. Rothleder, aware of the task's enormity, likens it to a complex car repair performed while the vehicle is in motion.

Recent achievements have demonstrated California's ability to temporarily sustain its grid using clean energy sources. According to Rothleder, the real challenge lies in maintaining this performance round the clock, every day of the year.

Adding thousands of megawatts of renewable energy into California’s existing 50-gigawatt system, which needs to expand to 120 gigawatts to meet the 2045 goal, poses a significant challenge, though recent grid upgrade funding offers some support for needed infrastructure. CAISO estimates that an addition of 7 gigawatts of clean power per year for the next two decades is necessary, all while ensuring uninterrupted power delivery.

While natural gas currently constitutes California's largest single source of power, Rothleder notes the need to gradually decrease reliance on it, even as it remains an operational necessity in the transition phase.

In 2023, CAISO added 5,660 megawatts of new power to the grid, with plans to integrate over 1,100 additional megawatts in the next six to eight months of 2024. Battery storage, crucial for mitigating the intermittent nature of wind and solar power, has seen substantial growth as California turns to batteries for grid support, increasing 30-fold in three years.

Rothleder emphasizes that electricity reliability is paramount, as consumers always expect power availability. He also highlights the potential of offshore wind projects to significantly contribute to California's power mix by 2045.

The offshore wind industry faces financial and supply chain challenges despite these plans. CAISO’s 20-year outlook indicates a significant increase in utility-scale solar, requiring extensive land use and wider deployment of advanced inverters for grid stability.

Addressing affordability is vital, especially as California residents face increasing utility bills. Rothleder suggests a broader energy cost perspective, encompassing utility and transportation expenses.

Despite smooth grid operations in 2023, challenges in previous years, including extreme weather-induced power outages driven by climate change, underscore the need for a robust, adaptable grid. California imports about a quarter of its power from neighbouring states and participates in the Western Energy Imbalance Market, which has yielded significant savings.

CAISO is also working on establishing an extended day-ahead electricity market (EDAM) to enhance the current energy market's success, building on insights from a Western grid integration report that supports expanded coordination.

Rothleder believes that a thoughtfully designed, diverse power system can offer greater reliability and resilience in the long run. A future grid reliant on multiple, smaller power sources such as microgrids could better absorb potential losses, ensuring a more reliable electricity supply for California.

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Ontario Pickering Nuclear Closure will shift supply to natural gas, raising emissions as the electricity grid manages nuclear refurbishment, IESO planning, clean power imports, and new wind, solar, and storage to support electrification.

Key Points

Ontario will close Pickering and rely on natural gas, increasing emissions while other nuclear units are refurbished.

✅ 14% of Ontario electricity supplied by Pickering now

✅ Natural gas use rises; grid emissions projected up 375%

✅ IESO warns gas phaseout by 2030 risks blackouts, costs

The Ontario government will not reconsider plans to close the Pickering nuclear station and instead stop-gap the consequent electricity shortfall with natural gas-generated power in a move that will, as an analysis of Ontario's grid shows, hike the province’s greenhouse gas emissions substantially in the coming years.

In a report released this week, a nuclear advocacy group urged Ontario to refurbish the aging facility east of Toronto, which is set to be shuttered in phases in 2024 and 2025, prompting debate over a clean energy plan after Pickering as the closure nears. The closure of Pickering, which provides 14 per cent of the province’s annual electricity supply, comes at the same time as Ontario’s other two nuclear stations are undergoing refurbishment and operating at reduced capacity.

Canadians for Nuclear Energy, which is largely funded by power workers' unions, argued closing the 50-year-old facility will result in job losses, emissions increases, heightened reliance on imported natural gas and an electricity supply gap across Ontario.

But Palmer Lockridge, spokesperson for the provincial energy minister, said further extending Pickering’s lifespan isn’t on the table.

“As previously announced in 2020, our government is supporting Ontario Power Generation’s plan to safely extend the life of the Pickering Nuclear Generating Station through the end of 2025,” said Lockridge in an emailed response to questions.

“Going forward, we are ensuring a reliable, affordable and clean electricity system for decades to come. That’s why we put a plan in place that ensures we are prepared for the emerging energy needs following the closure of Pickering, and as a result of our government’s success in growing and electrifying the province’s economy.”

The Progressive Conservative government under Premier Doug Ford has invested heavily in electrification, sinking billions into electric vehicle and battery manufacturing and industries like steel-making to retool plants to run on electricity rather than coal, and exploring new large-scale nuclear plants to bolster baseload supply.

Natural gas now provides about seven per cent of the province’s energy, a piece of the pie that will rise significantly as nuclear energy dwindles. Emissions from Ontario’s electricity grid, which is currently one of the world’s cleanest with 94 per cent zero-emission power generation, are projected to rise a whopping 375 per cent as the province turns increasingly to natural gas generation. Those increases will effectively undo a third of the hard-won emissions reductions the province achieved by phasing out coal-fired power generation.

The Independent Electricity System Operator (IESO), which manages Ontario’s grid, studied whether the province could phase out natural gas generation by 2030 and concluded that “would result in blackouts and hinder electrification” and increase average residential electricity costs by $100 per month.

The Ontario Clean Air Alliance, however, obtained draft documents from the electricity operator that showed it had studied, but not released publicly, other scenarios that involved phasing out natural gas without energy shortfalls, price hikes or increases in emissions.

The Ontario government will not reconsider plans to close the Pickering nuclear station and instead stop-gap the consequent electricity shortfall facing Ontario with natural gas-generated power in a move that will hike the province’s greenhouse gas emissions.

One model suggested increasing carbon taxes and imports of clean energy from other provinces could keep blackouts, costs and emissions at bay, while another involved increasing energy efficiency, wind generation and storage.

“By banning gas-fired electricity exports to the U.S., importing all the Quebec water power we can with the existing transmission lines and investing in energy efficiency and wind and solar and storage — do all those things and you can phase out gas-fired power and lower our bills,” said Jack Gibbons, chair of the Ontario Clean Air Alliance.

The IESO has argued in response that the study of those scenarios was not complete and did not include many of the challenges associated with phasing out natural gas plants.

Ontario Energy Minister Todd Smith asked the IESO to develop “an achievable pathway to zero-emissions in the electricity sector and evaluate a moratorium on new-build natural gas generation stations,” said his spokesperson. That report, an early look at halting gas power, is expected in November.

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Ukraine Winter Energy Strategy strengthens the power grid through infrastructure repairs, electricity imports, renewable integration, nuclear output, and conservation to ensure reliable heating, blackout mitigation, and grid resilience with international aid, generators, and transmission lines.

Key Points

A wartime plan to stabilize Ukraine's grid via repairs, imports, renewables, and nuclear to deliver reliable electricity.

✅ Repairs, imports, and demand management stabilize the grid.

✅ Renewables and nuclear reduce outage risks in winter.

✅ International aid supplies transformers, generators, expertise.

As Ukraine braces for the winter months, the question of how the country will keep the lights on has become a pressing concern, as the country fights to keep the lights on amid ongoing strikes. The ongoing war with Russia has severely disrupted Ukraine's energy infrastructure, leading to widespread damage to power plants, transmission lines, and other critical energy facilities. Despite these challenges, Ukraine has been working tirelessly to maintain its energy supply during the cold winter months, which are essential not only for heating but also for the functioning of homes, businesses, hospitals, and schools. Here's a closer look at the steps Ukraine is taking to keep the lights on this winter and ensure that its people have access to reliable electricity.

1. Repairing Damaged Infrastructure

One of the most immediate concerns for Ukraine's energy sector is the extensive damage inflicted on its power infrastructure by Russian missile and drone attacks. Since the war began in 2022, Ukraine has faced repeated attacks targeting power plants, substations, and power lines, including strikes on western regions that caused widespread outages across communities. These attacks have left parts of the country with intermittent or no electricity, and repairing the damage has been a monumental task.

However, Ukraine has made significant progress in restoring its energy infrastructure. Government agencies and energy companies have been working around the clock to repair power plants and transmission networks. Teams of technicians and engineers have been deployed to restore power to areas that have been hardest hit by Russian attacks, often under difficult and dangerous conditions. While some areas may continue to face outages, efforts to rebuild the energy grid are ongoing, with the government prioritizing critical infrastructure to ensure that hospitals, military facilities, and essential services have access to power.

2. Energy Efficiency and Conservation Measures

To cope with reduced energy availability and avoid overloading the grid, Ukrainian authorities have been encouraging energy efficiency and conservation measures. These efforts are particularly important during the winter when demand for electricity and heating is at its peak.

The government has implemented energy-saving programs, urging citizens and businesses to reduce their consumption and adopt new energy solutions that can be deployed quickly. Measures include limiting electricity use during peak hours, setting thermostats lower in homes and businesses, and encouraging the use of energy-efficient appliances. Ukrainian officials have also been promoting public awareness campaigns to educate people about the importance of energy conservation, which is crucial to avoid grid overload and ensure the distribution of power across the country.

3. Importing Energy from Abroad

To supplement domestic energy production, Ukraine has been working to secure electricity imports from neighboring countries. Ukraine has long been interconnected with energy grids in countries such as Poland, Slovakia, and Hungary, which allows it to import electricity during times of shortage. In recent months, Ukraine has ramped up efforts to strengthen these connections, ensuring that it can import electricity when domestic production is insufficient to meet demand, and in a notable instance, helped Spain during blackouts through coordinated cross-border support.

While electricity imports from neighboring countries provide a temporary solution, this is not without its challenges. The cost of importing electricity can be high, and the country’s ability to import large amounts of power depends on the availability of energy in neighboring nations; officials say there are electricity reserves and no scheduled outages if strikes do not resume. Ukraine has been actively seeking new energy partnerships and working with international organizations to secure access to electricity, including exploring the potential for importing energy from the European Union.

4. Harnessing Renewable Energy Sources

Another key part of Ukraine's strategy to keep the lights on this winter is tapping into renewable energy sources, particularly wind and solar power. While Ukraine’s energy sector has historically been dependent on fossil fuels, the country has been making strides in integrating renewable energy into its grid. Solar and wind energy are particularly useful in supplementing the national grid, especially during the winter months when demand is high.

Renewable energy sources are less vulnerable to missile strikes compared to traditional power plants, making them an attractive option for Ukraine's energy strategy. Although renewable energy currently represents a smaller portion of Ukraine’s overall energy mix, its contribution is expected to increase as the country invests more in clean energy infrastructure. In addition to reducing dependence on fossil fuels, this shift is aligned with Ukraine’s broader environmental goals and will be important for the long-term sustainability of its energy sector.

5. International Aid and Support

International support has been crucial in helping Ukraine keep the lights on during the war. Western allies, including the European Union and the United States, have provided financial assistance, technical expertise, and equipment to help restore the energy infrastructure, though Washington recently ended some grid restoration support as priorities shifted. In addition to rebuilding power plants and transmission lines, Ukraine has received advanced energy technologies and materials to strengthen its energy security.

The U.S. has sent electrical transformers, backup generators, and other essential equipment to help Ukraine restore its energy grid. The European Union has also provided both financial and technical assistance, supporting Ukraine’s efforts to integrate more renewable energy into its grid and enhancing the country’s ability to import electricity from neighboring states.

6. The Role of Nuclear Energy

Ukraine’s nuclear energy plants play a critical role in the country’s electricity supply. Before the war, nuclear power accounted for around 50% of Ukraine’s total electricity generation, and for communities near the front line, electricity is civilization that depends on reliable baseload. Despite the ongoing conflict, Ukrainian nuclear plants have remained operational, though they face heightened security risks due to the proximity of active combat zones.

In the winter months, nuclear plants are expected to continue providing a significant portion of Ukraine's electricity, which is essential for meeting the country's heating and power needs. The government has made efforts to ensure the safety and security of these plants, which remain a vital part of the country's energy strategy.

Keeping the lights on in Ukraine during the winter of 2024 is no small feat, given the war-related damage to energy infrastructure, rising energy demands, and ongoing security risks. However, the Ukrainian government has taken proactive steps to address these challenges, including repairing critical infrastructure, importing energy from neighboring countries, promoting energy efficiency, and expanding renewable energy sources. International aid and the continued operation of nuclear plants also play a vital role in ensuring a reliable energy supply. While challenges remain, Ukraine’s resilience and determination to overcome its energy crisis are clear, and the country is doing everything it can to keep the lights on through this difficult winter.

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Senate Renewable Energy Tax Credits face Finance Committee scrutiny, with Democrats urging action on tax extenders, clean energy incentives, and climate policy, while Republicans cite prior wins in wind, biodiesel, and EV credits.

Key Points

Legislative incentives debated in the Senate Finance Committee to extend and align clean energy tax benefits.

✅ Democrats press hearings and action on energy tax policy

✅ Focus on clean energy, EVs, wind, biodiesel, and resilience

✅ Grassley cites prior extenders; disputes push for bigger subsidies

A group of 27 Democratic senators is calling for action in the Senate Finance Committee on extending energy-related tax credits and examining new tax proposals, especially those that incentivize renewable energy projects and align with FERC action on aggregated DERs across the grid.

Sen. Ron Wyden, D-Ore., the ranking Democrat on the Senate Finance Committee, who recently introduced a wildfire-resilient grid bill with Sen. Merkley, led the group of Democrats in writing a letter Tuesday to Sen. Charles Grassley, R-Iowa, who chairs the committee.

“Despite numerous opportunities, including in the recent tax extenders package, the Finance Committee has failed to take action on the dozens of energy tax proposals pending before it,” they wrote. “It is critical that the Committee move to address these issues in a timely manner, along with much needed policy changes that heed warnings on regulatory rollbacks to combat the damage and growing dangers caused by global climate change.”

The number of Americans ages 65 and over is projected to nearly double by 2060. And most would prefer to age in place and hiresenior caregivers if needed.

They pointed out that the Senate Finance Committee hasn’t held a single hearing on energy tax policy during the previous congressional term, and has yet to hold one in the current one.

“The sole energy tax-related recommendation of the Committee’s temporary policy task forces was ignored in the tax extender legislation passed in December 2019, along with nearly all proposals put forward in members’ legislation this Congress,” they wrote. “This Committee must fulfill its role in examining members’ energy tax proposals and in bolstering our nation’s efforts to combat climate change, including a clean electricity standard approach that sets firm targets.”

They noted that In 2019, the global average temperature was the second highest ever recorded and the past decade was the hottest ever. The lawmakers pointed to raging wildfires and increased flooding in the western part of the U.S., as well as challenges in California’s power system during the transition, causing unprecedented destruction over the past several years. They called for tax incentives for renewable energy to help combat climate change.

“Gaps in the tax code have disadvantaged complementary technologies that could improve climate resiliency and provide additional emissions reductions,” they wrote. “While power sector emissions continue to decrease, emissions from transportation, heavy industry and agriculture have stayed level or increased over the past 10 years, even amid $5 gas not spurring a green shift in consumer behavior. The United States is not on pace to meet its international climate commitments, to say nothing of the reductions necessary to stave off the worst potential outcomes of global warming.”

Grassley reacted to the letter, noting that he had worked to get tax extenders legislation passed, even as some states consider bans on clean energy use by utilities. "I begged Democrats for a year to help me get an extenders package passed, about half of which were green energy policies, so this rings hollow," he said in a statement Tuesday. "We wouldn’t have a wind energy credit or a biodiesel credit but for me, let alone an extension of either. Democrats were holding up these green energy provisions in an attempt to get a big expansion of taxpayer subsidies for rich Tesla owners."

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Cal ISO Flex Alert urges Southern California energy conservation as a Stage 2 emergency strains the power grid, with potential rolling blackouts during peak hours from 3 to 10 p.m., if demand exceeds supply.

Key Points

A statewide call to conserve power during high demand, issued by the grid operator to prevent rolling blackouts.

✅ Stage 2 emergency signals severe grid strain

✅ Peak Flex Alert hours: 3 to 10 p.m. statewide

✅ Set thermostats to 78 and avoid major appliances

Residents and businesses across Southern California were urged to conserve power Tuesday afternoon amid ongoing electricity inequities across the state as the manager of the state’s power grid warned rolling blackouts could be imminent for some power customers.

The California Independent System Operator (Cal ISO), which manages the state power grid, declared a Stage 2 emergency as of 2:30 p.m., indicating severe strain on the electrical system, similar to a recent grid alert in Alberta that relied on reserves.

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Rolling blackouts for some customers could occur in a Stage 3 emergency, distinct from the intentional shut-offs some utilities use to reduce wildfire risk.

Cal ISO issued a statewide Flex Alert in effect from 3 to 10 p.m. Tuesday and Wednesday, with conservation considered especially critical during those hours, a concern heightened by pandemic-era grid operations this year.

Officials told reporters rolling blackouts might be avoided Tuesday evening if residents repeat the level of conservation seen Monday.
“If we can get the same sort of response we got yesterday, we can minimize this, or perhaps avoid it altogether,” Cal-ISO President/CEO Steve Berberich said, noting that some operators have even planned staff lockdowns during COVID-19 to maintain reliability.

Cal-ISO controls roughly 80% of the state’s power grid through Southern California Edison, Pacific Gas and Electric Co., with the utility recently restoring power after shut-offs in affected communities, and San Diego Gas & Electric.

Residents are urged to set thermostats at 78 in the afternoon and evening hours and avoiding the use of air conditioning and major appliances during the Flex Alert hours, as utilities like PG&E prepare for winter storms to improve resilience.

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