ND regulators say electric price spike unavoidable

By Associated Press


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Sharp increases in Otter Tail Power Co.'s recent electric costs, which tripled some customers' monthly bills, were an unfortunate result of power plant repair problems and could not have been avoided, state regulators say.

North Dakota's Public Service Commission, which has been investigating Otter Tail's handling of the short-term price spike, voted to end its probe with the conclusion that the utility should not be blamed for the problems.

"The commission realizes the hardships that this posed to Otter Tail customers," said Susan Wefald, the commission's president. "However, we also recognize that sometimes these things happen."

Otter Tail, based in Fergus Falls, Minn., has about 57,000 North Dakota electric ratepayers. It serves the cities of Wahpeton, Jamestown, Devils Lake and a number of smaller communities.

One of Otter Tail's primary suppliers of electricity, the Big Stone power station near Milbank in northeastern South Dakota, was shut down for two months late last year for maintenance.

Otter Tail had planned for the shutdown and arranged to buy replacement power in advance, commissioners said. But problems developed with the company that had been hired to do repairs, and the job was more extensive than the utility expected.

Otter Tail then had to buy more replacement power at costly rates, said Wefald and Commissioner Tony Clark. Those increased expenses were passed along to customers through their monthly bills from January through May, prompting a flood of ratepayer complaints.

Wefald and Clark said that although the higher bills hit customers' wallets, Otter Tail acted correctly in pressing ahead with repairs instead of deciding to limp through last winter and hope the maintenance could be done in the spring.

Delaying the repair work could have forced a longer plant shutdown, which would have meant buying even more expensive replacement electricity, the commissioners said.

"It was really making the best of a bad situation," Clark said. "It's not a conspiracy, it's not any sort of malfeasance or incompetence on the part of the utility. It's just bad luck."

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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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Duke solar solicitation nearly 6x over-subscribed

Duke Energy Carolinas Solar RFP draws 3.9 GW of utility-scale bids, oversubscribed in DEP and DEC, below avoided cost rates, minimal battery storage, strict PPA terms, and interconnection challenges across North and South Carolina.

 

Key Points

Utility-scale solar procurement in DEC and DEP, evaluated against avoided cost, with few storage bids and PPA terms.

✅ 3.9 GW bids for 680 MW; DEP most oversubscribed

✅ Most projects 7-80 MWac; few include battery storage

✅ Bids must price below 20-year avoided cost estimate

 

Last week the independent administrator for Duke’s 680 MW solar solicitation revealed data about the projects which have bid in response to the offer, showing a massive amount of interest in the opportunity.

Overall, 18 individuals submitted bids for projects in Duke Energy Carolinas (DEC) territory and 10 in Duke Energy Progress (DEP), with a total of more than 3.9 GW of proposals – more nearly 6x the available volume. DEP was relatively more over-subscribed, with 1.2 GWac of projects vying for only 80 MW of available capacity.

This is despite a requirement that such projects come in below the estimate of Duke’s avoided cost for the next 20 years, and amid changes in solar compensation that could affect project economics. Individual projects varied in capacity from 7-80 MWac, with most coming within the upper portion of that range.

These bids will be evaluated in the spring of 2019, and as Duke Energy Renewables continues to expand its portfolio, Duke Energy Communications Manager Randy Wheeless says he expects the plants to come online in a year or two.

 

Lack of storage

Despite recent trends in affordable batteries, of the 78 bids that came in only four included integrated battery storage. Tyler Norris, Cypress Creek Renewables’ market lead for North Carolina, says that this reflects that the methodology used is not properly valuing storage.

“The lack of storage in these bids is a missed opportunity for the state, and it reflects a poorly designed avoided cost rate structure that improperly values storage resources, commercially unreasonable PPA provisions, and unfavorable interconnection treatment toward independent storage,” Norris told pv magazine.

“We’re hopeful that these issues will be addressed in the second RFP tranche and in the current regulatory proceedings on avoided cost and state interconnection standards and grid upgrades across the region.”

 

Limited volume for North Carolina?

Another curious feature of the bids is that nearly the same volume of solar has been proposed for South Carolina as North Carolina – despite this solicitation being in response to a North Carolina law and ongoing legal disputes such as a church solar case that challenged the state’s monopoly model.

 

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When paying $1 for a coal power plant is still paying too much

San Juan Generating Station eyed for $1 coal-plant sale, as Farmington and Acme propose CCS retrofit, meeting emissions caps and renewable mandates by selling captured CO2 for enhanced oil recovery via a nearby pipeline.

 

Key Points

A New Mexico coal plant eyed for $1 and a CCS retrofit to cut emissions and sell CO2 for enhanced oil recovery.

✅ $400M-$800M CCS retrofit; 90% CO2 capture target

✅ CO2 sales for enhanced oil recovery; 20-mile pipeline gap

✅ PNM projects shutdown savings; renewable and emissions mandates

 

One dollar. That’s how much an aging New Mexico coal plant is worth. And by some estimates, even that may be too much.

Acme Equities LLC, a New York-based holding company, is in talks to buy the 847-megawatt San Juan Generating Station for $1, after four of its five owners decided to shut it down. The fifth owner, the nearby city of Farmington, says it’s pursuing the bargain-basement deal with Acme to avoid losing about 1,600 direct and indirect jobs in the area amid a broader just transition debate for energy workers.

 

We respectfully disagree with the notion that the plant is not economical

Acme’s interest comes as others are looking to exit a coal industry that’s been plagued by costly anti-pollution regulations. Acme’s plan: Buy the plant "at a very low cost," invest in carbon capture technology that will lower emissions, and then sell the captured CO2 to oil companies, said Larry Heller, a principal at the holding group.

By doing this, Acme “believes we can generate an acceptable rate of return,” Heller said in an email.

Meanwhile, San Juan’s majority owner, PNM Resources Inc., offers a distinctly different view, echoing declining coal returns reported by other utilities. A 2022 shutdown will push ratepayers to other energy alternatives now being planned, saving them about $3 to $4 a month on average, PNM has said.

“We could not identify a solution that would make running San Juan Generating Station economical,” said Tom Fallgren, a PNM vice president, in an email.

The potential sale comes as a new clean-energy bill, supported by Governor Lujan Grisham, is working its way through the state legislature. It would require the state to get half of its power from renewable sources by 2030, and 100 percent by 2045, even as other jurisdictions explore small modular reactor strategies to meet future demand. At the same time, the legislation imposes an emissions cap that’s about 60 percent lower than San Juan’s current levels.

In response, Acme is planning to spend $400 million to $800 million to retrofit the facility with carbon capture and sequestration technology that would collect carbon dioxide before it’s released into the atmosphere, Heller said. That would put the facility into compliance with the pending legislation and, at the same time, help generate revenue for the plant.

The company estimates the system would cut emissions by as much as 90 percent, and the captured gas could be sold to oil companies, which uses it to enhance well recovery. The bottom line, according to Heller: “A winning financial formula.”

It’s a tricky formula at best. Carbon-capture technology has been controversial, even as new coal plant openings remain rare, expensive to install and unproven at scale. Additionally, to make it work at the San Juan plant, the company would need to figure out how to deliver the CO2 to customers since the nearest pipeline is about 20 miles (32 kilometers) away.

 

Reducing costs

Acme is also evaluating ways to reduce costs at San Juan, Heller said, including approaches seen at operators extending the life of coal plants under regulatory scrutiny, such as negotiating a cheaper coal-supply contract and qualifying for subsidies.

Farmington’s stake in the plant is less than 10 percent. But under terms of the partnership, the city — population 45,000 — can assume full control of San Juan should the other partners decide to pull out, mirroring policy debates over saving struggling nuclear plants in other regions. That’s given Farmington the legal authority to pursue the plant’s sale to Acme.

 

At the end of the day, nobody wants the energy

“We respectfully disagree with the notion that the plant is not economical,” Farmington Mayor Nate Duckett said by email. Ducket said he’s in better position than the other owners to assess San Juan’s importance “because we sit at Ground Zero.”

The city’s economy would benefit from keeping open both the plant and a nearby coal mine that feeds it, according to Duckett, with operations that contribute about $170 million annually to the local area.

While the loss of those jobs would be painful to some, Camilla Feibelman, a Sierra Club chapter director, is hard pressed to see a business case for keeping San Juan open, pointing to sector closures such as the Three Mile Island shutdown as evidence of shifting economics. The plant isn’t economical now, and would almost certainly be less so after investing the capital to add carbon-capture systems.

 

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Worker injured after GE turbine collapse

GE Wind Turbine Collapse Brazil raises safety concerns at Omega Energia's Delta VI wind farm in Maranhe3o, with GE Renewable Energy probing root-cause of turbine failure after a worker injury and similar incidents in 2024.

 

Key Points

An SEO focus on the Brazil GE turbine collapse, its causes, safety investigation, and related 2024 incidents.

✅ Incident at Omega Energia's Delta VI, Maranhao; one worker injured

✅ GE Renewable Energy conducts root-cause investigation and containment

✅ Fifth GE turbine collapse in 2024 across Brazil and the United States

 

A GE Renewable Energy turbine collapsed at a wind farm in north-east Brazil, injuring a worker and sparking a probe into the fifth such incident this year, the manufacturer confirmed.

One of the manufacturer’s GE 2.72-116 turbines collapsed at Omega Energia’s Delta VI project in Maranhão, which was commissioned in 2018.

Three GE employees were on site at the time of the collapse on Tuesday (3 September), the US manufacturer confirmed, even as U.S. offshore wind developers signal growing competitiveness with gas. 

One worker was injured and is currently receiving medical treatment, GE added.

"We are working to determine the root cause of this incident and to provide proper support as needed," it said

The turbine collapse in Brazil is the fifth such incident involving GE turbines this year, even as the UK's biggest offshore windfarm begins power supply this week, underscoring broader sector momentum.

On 16 February, a turbine collapsed at NextEra Energy Resources’ Casa Mesa wind farm in New Mexico, US, while giant wind components were being transported to a project in Saskatchewan, Canada. The site uses GE’s 2.3-116 and 2.5-127 models.

The New Mexico incident was followed by another collapse in the US — as a Scottish North Sea wind farm resumed construction after Covid-19 — this time a GE 2.4-107 unit at Tradewind Energy’s Chisholm View 2 project in Oklahoma on 21 May.

Two GE turbines then collapsed at projects in July: a 2.5-116 unit at Invenergy’s Upstreamwind farm in Nebraska on 5 July, followed by a 1.7-103 model at the Actis Group-owned Ventos de São Clemente complex in Pernambuco, north-eastern Brazil, even as tidal power in Scotland generated enough electricity to power nearly 4,000 homes.

No employees were injured in the first four turbine collapses of the year, in contrast with concerns at a Hawaii geothermal plant over potential meltdown risk.

In response to the latest incident, GE Renewable Energy added: "It is too early to speculate about the root cause of this week’s turbine collapse.

"Based on our learnings from the previous turbine collapses, we have teams in place focused on containing and resolving these issues quickly, to ensure the safe and reliable operation of our turbines."

 

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Hydro One will keep running its U.S. coal plant indefinitely, it tells American regulators

Hydro One-Avista Merger outlines a utility acquisition shaped by Washington regulators, Colstrip coal plant depreciation, and plans for renewables, clean energy, and emissions cuts, while Montana reviews implications for jobs, ratepayers, and a 2027 closure.

 

Key Points

A utility deal setting Colstrip depreciation and renewables, without committing to an early coal plant closure.

✅ Washington sets 2027 depreciation for Colstrip units

✅ Montana reviews jobs, ratepayer impacts, community fund

✅ Avista seeks renewables; no binding shutdown commitment

 

The Washington power company Hydro One is buying will be ready to close its huge coal-fired generating station ahead of schedule, thanks to conditions put on the corporate merger by state regulators there.

Not that we actually plan to do that, the company is telling other regulators in Montana, where coal unit retirements are under debate, the huge coal-fired generating station in question employs hundreds of people. We’ll be in the coal business for a good long time yet.

Hydro One, in which the Ontario government now owns a big minority stake, is still working on its purchase of Avista, a private power utility based in Spokane. The $6.7-billion deal, which Hydro One announced in July, includes a 15 per cent share in two of the four generating units in a coal plant in Colstrip, Montana, one of the biggest in the western United States. Avista gets most of its electricity from hydro dams and gas but uses the Colstrip plant when demand for power is high and water levels at its dams are low.

#google#

Colstrip’s a town of fewer than 2,500 people whose industries are the power plant and the open-pit mines that feed it about 10 million tonnes of coal a year. Two of Colstrip’s generators, older ones Avista doesn’t have any stake in, are closing in 2022. The other two will be all that keep the town in business.

In Washington, they don’t like the coal plant and its pollution. In Montana, the future of Colstrip is a much bigger concern. The companies have to satisfy regulators in both places that letting Hydro One buy Avista is in the public interest.

Ontario proudly closed the last of our coal plants in 2014 and outlawed new ones as environmental menaces, and Alberta's coal phase-out is now slated to finish by 2023. When Hydro One said it was buying Avista, which makes about $100 million in profit a year, Premier Kathleen Wynne said she hoped Ontario’s “value system” would spread to Avista’s operations.

The settlement is “an important step towards bringing together two historic companies,” Hydro One’s chief executive Mayo Schmidt said in announcing it.

The deal has approval from the Washington Utilities and Transportation Commission staff but is subject to a vote by the group’s three commissioners. It doesn’t commit Avista to closing anything at Colstrip or selling its share. But Avista and Hydro One will budget as if the Colstrip coal burners will close in 2027, instead of running into the 2040s as their owners had once planned, a timeline that echoes debates over the San Juan Generating Station in New Mexico.

In accounting terms, they’ll depreciate the value of their share of the plant to zero over the next nine years, reflecting what they say is the end of the plant’s “useful life.” Another of Colstrip’s owners, Puget Sound Energy, has previously agreed with Washington regulators that it’ll budget for a Colstrip closure in 2027 as well.

Avista and Hydro One will look for sources of 50 megawatts of renewable electricity, including independent power projects where feasible, in the next four years and another 90 megawatts to supplement Avista’s supply once the Colstrip plant eventually closes, they promise in Washington. They’ll put $3 million into a “community transition fund” for Colstrip.

The money will come from the companies’ profits and cash, the agreement says. “Hydro One will not seek cost recovery for such funds from ratepayers in Ontario,” it says specifically.

“Ontario has always been a global leader in the transition away from dirty coal power and towards clean energy,” said Doug Howell, an anti-coal campaigner with the Sierra Club, which is a party to the agreement. “This settlement continues that tradition, paving the way for the closure of the largest single source of climate pollution in the American West by 2027, if not earlier.”

Montanans aren’t as thrilled. That state has its own public services commission, doing its own examination of the corporate merger, which has asked Hydro One and Avista to explain in detail why they want to write off the value of the Colstrip burners early. The City of Colstrip has filed a petition saying it wants in on Montana hearings because “the potential closure of (Avista’s units) would be devastating to our community.”

Don’t get too worked up, an Avista vice-president urged the Montana commission just before Easter.

“Just because an asset is depreciated does not mean that one would otherwise remove that asset from service if the asset is still performing as intended,” Jason Thackston testified in a session that dealt only with what the deal with Washington state would mean to Colstrip. We’re talking strictly about an accounting manoeuvre, not an operational commitment.

Six joint owners will have to agree to close the Colstrip generators and there’s “no other tacit understanding or unstated agreement” to do that, he said.

Besides Washington and Montana, state regulators in Idaho, including those overseeing the Idaho Power settlement process, Alaska and Oregon and multiple federal authorities have to sign off on the deal before it can happen. Hydro One hopes it’ll be done in the second half of this year.

 

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PG&E Wildfire Assistance Program Accepting Applications for Aid

PG&E Wildfire Assistance Program offers court-approved aid and emergency grants for Northern California wildfires and Camp Fire victims, covering unmet needs, housing, and essentials; apply online by November 15, 2019 under Chapter 11-funded eligibility.

 

Key Points

A $105M, court-approved aid fund offering unmet-needs payments and emergency support for 2017-2018 wildfire victims.

✅ $5,000 Basic Unmet Needs per household, self-certified

✅ Supplemental aid for extreme circumstances after basic grants

✅ Apply online; deadline November 15, 2019; identity required

 

Beginning today, August 15, 2019, those displaced by the 2017 Northern California wildfires and 2018 Camp fire can apply for aid through an independently administered Wildfire Assistance Program funded by Pacific Gas and Electric Company (PG&E). PG&E’s $105 million fund, approved by the judge in PG&E’s Chapter 11 cases and related bankruptcy plan, is intended to help those who are either uninsured or need assistance with alternative living expenses or other urgent needs. The court-approved independent administrator is set to file the eligibility criteria as required by the court and will open the application process.

“Our goal is to get the money to those who most need it as quickly as possible. We will prioritize wildfire victims who have urgent needs, including those who are currently without adequate shelter,” said Cathy Yanni, plan administrator. Yanni is partnering with local agencies and community organizations to administer the fund, and PG&E also supports local communities through property tax contributions to counties.

“We appreciate the diligent work of the fund administrator in quickly establishing a way to distribute these funds and ensuring the program supports those with the most immediate needs. PG&E is focused on helping those impacted by the devastating wildfires in recent years and strengthening our energy system to reduce wildfire risks and prevent utility-caused catastrophic fires. We feel strongly that helping these communities now is the right thing to do,” said Bill Johnson, CEO and President of PG&E Corporation.

Applicants can request a “Basic Unmet Needs” payment of $5,000 per household for victims who establish basic eligibility requirements and self-certify that they have at least $5,000 of unmet needs that have not been compensated by the Federal Emergency Management Agency (FEMA). Payments are to support needs such as water, food, prescriptions, medical supplies and equipment, infant formula and diapers, personal hygiene items, and transportation fuels beyond what FEMA covered in the days immediately following the declared disasters, aligning with broader health and safety actions the company has taken.

Those who receive basic payments may also qualify for a “Supplemental Unmet Needs” payment. These funds will be available only after “Basic Unmet Needs” payments have been issued. Supplemental payments will be available to individuals and families who currently face extreme or extraordinary circumstances as compared to others who were impacted by the 2017 and 2018 wildfires, including areas affected by power line-related fires across California.

To qualify for the payments, applicants’ primary residence must have been within the boundary of the 2017 Northern California wildfires or the 2018 Camp fire in Butte County. Applicants also must establish proof of identity and certify that they are not requesting payments for an expense already paid for by FEMA.

Applicants can find more information and apply for assistance at https://www.norcalwildfireassistanceprogram.com/. The deadline to file for aid is November 15, 2019.

The $105 million being provided by PG&E was made available from the company’s cash reserves. PG&E will not seek cost recovery from its customers, and its rates are set to stabilize in 2025 according to recent guidance.

 

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