Tenants must consent to smart meters under new rules

By Toronto Star


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The province's energy regulator has laid down rules for installing smart meters in apartment buildings, six months after telling landlords to stop the unlawful deployment of the power-monitoring devices.

Under the new regulations, landlords can install smart sub-metering systems only if they have "express written consent" of each apartment tenant and use a licensed technology provider.

"The tenant's written consent must be voluntary and informed," according to the decision from the Ontario Energy Board, which said an energy audit of an apartment unit must first be conducted by an independent third party. "Additional details, such as a corresponding rent reduction, must be provided."

Until now, installations have never been technically legal under the Electricity Act, but in anticipation of the rules many landlords went ahead anyway. Over the past two years it's estimated that more than 50,000 smart sub-meters have been installed in apartment buildings.

The energy regulator cracked down in March after there had been complaints of landlords putting the devices in their buildings without properly consulting with tenants or getting their consent. The new regulation now makes it clear when a landlord is following or breaking the rules.

The devices, according to proponents, are meant to encourage energy conservation within apartment buildings. Most buildings today have a central bulk meter, meaning the landlord gets a single bill and splits the total between all tenants by including it as part of monthly rent.

But by installing smart sub-meters in individual apartment units, a landlord can bill tenants for what they use and reduce rents accordingly. The idea is that apartment residents, by seeing their own energy use and being able to take advantage of time-of-use pricing, will be more encouraged to conserve.

It also means if you run a home office and use a lot of power, you can no longer spread that cost to another tenant that's hardly home and uses little electricity.

"I think they found a nice balance," said Jennifer Hassani, a spokesperson for Ottawa-based sub-meter manufacturer Triacta Power Technologies Inc., which saw sales fall after the energy regulator's March warning.

The new rules will be a boost for Triacta and other makers of sub-metering equipment. The energy regulator also ruled that equipment that had previously been installed without authorization may remain, and that any complaints from tenants should be directed to the Landlord and Tenant Board.

Energy and Infrastructure Minister George Smitherman told the Star in May that he was planning to introduce a bill this fall that would establish firm rules for sub-metering in apartment buildings.

Keith Stewart, an energy expert with WWF-Canada, commended the energy board for bridging the gap until a new law goes into effect.

"The board has put in place a good interim policy that protects consumers and the environment, while providing some good advice to the government as it prepares the legislative response that both the board and the government acknowledge is necessary," said Stewart.

The idea of creating a mandatory audit, he added, will also give tenants a better idea of how efficient or inefficient their appliances, windows, and doors might be so their consent – if they choose to give it – is informed.

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California proposes income-based fixed electricity charges

Income Graduated Fixed Charge aligns CPUC billing with utility fixed costs, lowers usage rates, supports electrification, and shifts California investor-owned utilities' electric bills by income, with CARE and Climate Credit offsets for low-income households.

 

Key Points

A CPUC proposal: an income-based monthly fixed fee with lower usage rates to align costs and aid low-income customers.

✅ Income-tiered fixed fees: $0-$42; CARE: $14-$22, by utility territory

✅ Usage rates drop 16%-22% to support electrification and cost-reflective billing

✅ Lowest-income save ~$10-$20; some higher earners pay ~$10+ more monthly

 

The Public Advocates Office (PAO) for the California Public Utilities Commission (CPUC) has proposed adding a monthly income-based fixed charge on electric utility bills based on income level.  

The rate change is designed to lower bills for the lowest-income residents while aligning billing more directly with utility costs. 

PAO’s recommendation for the Income Graduated Fixed Charge places fees between $22 and $42 per month in the three major investor-owned utilities’ territories, including an SDG&E minimum charge debate under way, for customers not enrolled in the California Alternative Rates for Energy (CARE) program. As seen below, CARE customers would be charged between $14 per month and $22 a month, depending on income level and territory.

For households earning $50,000 or less per year, the fixed charge would be $0, but only if the California Climate Credit is applied to offset the fixed cost.

Meanwhile, usage-based electricity rates are lowered in the PAO proposal, part of major changes to electric bills statewide. Average rates would be reduced between 16% to 22% for the three major investor-owned utilities.

The lowest-income bracket of Californians is expected to save roughly $10 to $20 a month under the proposal, while middle-income customers may see costs rise by about $20 a month, even as lawmakers seek to overturn income-based charges in Sacramento.

“We anticipate the vast majority of low-income customers ($50,000 or less per year) will have their monthly bills decrease by $10 or more, and a small proportion of the highest income earners ($100,000+ per year) will see their monthly bills rise by $10 or more,” said the PAO.

The charges are an effort to help suppress ever-increasing electricity generation and transmission rates, which are among the highest in the country, with soaring electricity prices reported across California. Rates are expected to rise sharply as wildfire mitigation efforts are implemented by the utilities found at fault for their origin.

“We are very concerned. However, we do not see the increases stopping at this point,” Linda Serizawa, deputy director for energy, PAO, told pv magazine. “We think the pace and scale of the [rate] increases is growing faster than we would have anticipated for several years now.”

Consumer advocates and regulators face calls for action on surging electricity bills across the state.

The proposed changes are also meant to more directly couple billing with the fixed charges that utilities incur, as California considers revamping electricity rates to clean the grid. For example, activities like power line maintenance, energy efficiency programs, and wildfire prevention are not expected to vary with usage, so these activities would be funded through a fixed charge.

Michael Campbell of the PAO’s customer programs team, and leader of the proposed program, likened paying for grid enhancements and other social programs with utility rate increases to “paying for food stamps by taxing food.” Instead, a fixed charge would cover these costs.

PAO said the move to lower rates for usage should help encourage electrification as California moves to replace heating and cooling, appliances, and gas combustion cars with electrified counterparts. In addition, lower rates mean the cost burden of running these devices is improved.

 

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Analysis: Out in the cold: how Japan's electricity grid came close to blackouts

Japan Electricity Crunch exposes vulnerabilities in a liberalised power market as LNG shortages, JEPX price spikes, snow-hit solar, and weak hedging strain energy security and retail providers amid cold snap demand and limited reserve capacity.

 

Key Points

A winter demand shock and LNG shortfalls sent JEPX to records, exposing gaps in hedging, data, and energy security.

✅ JEPX wholesale prices spiked to an all-time high

✅ LNG inventories and procurement proved insufficient

✅ Snow disabled solar; new entrants lacked hedging

 

Japan's worst electricity crunch since the aftermath of the Fukushima crisis has exposed vulnerabilities in the country's recently liberalised power market, although some of the problems appear self-inflicted.

Power prices in Japan hit record highs last month, mirroring UK peak power prices during tight conditions, as a cold snap across northeast Asia prompted a scramble for supplies of liquefied natural gas (LNG), a major fuel for the country's power plants. Power companies urged customers to ration electricity to prevent blackouts, although no outages occurred.

The crisis highlighted how many providers were unprepared for such high demand. Experts say LNG stocks were not topped up ahead of winter and snow disabled solar power farms, while China's power woes strained solar supply chains.

The hundreds of small power companies that sprang up after the market was opened in 2016 have struggled the most, saying the government does not disclose the market data they need to operate. The companies do not have their own generators, instead buying electricity on the wholesale market.

Prices on the Japan Electric Power Exchange (JEPX) hit a record high of 251 yen ($2.39) per kilowatt hour in January, equating to $2,390 per megawatt hour of electricity, above record European price surges seen recently and the highest on record anywhere in the world. One megawatt hour is roughly what an average home in the U.S. would consume over 35 days.

But the vast majority of the new, smaller companies are locked into low, fixed rates they set to lure customers from bigger players, crushing them financially during a price spike like the one in January.

More than 50 small power providers wrote on Jan. 18 to Japan's industry minister, Hiroshi Kajiyama, who oversees the power sector, asking for more accessible data on supply and demand, reserve capacity and fuel inventories.

"By organising and disclosing this information, retail electricity providers will be able to bid at more appropriate prices," said the companies, led by Looop Co.

They also called on Kajiyama to require transmission and distribution companies to pass on some of the unexpected profits from price spikes to smaller operators.

The industry ministry said it had started releasing more timely market data, and is reviewing the cause of the crunch and considering changes, echoing calls by Fatih Birol to keep electricity options open amid uncertainty.

Japan reworked its power markets after the Fukushima nuclear disaster in 2011, liberalizing the sector in 2016 while pushing for more renewables.

But Japan is still heavily reliant on LNG and coal, and only four of 33 nuclear reactors are operating. The power crisis has led to growing calls to restart more reactors.

Kazuno Power, a small retail provider controlled by a municipality of the same name in northern Japan, where abundant renewable energy is locally produced, buys electricity from hydropower stations and JEPX.

During the crunch, the company had to pay nearly 10 times the usual price, Kazuno Power president Takao Takeda said in an interview. Like most other new providers, it could not pass on the costs, lost money, and folded. The local utility has taken over its customers.

"There is a contradiction in the current system," Takeda said. "We are encouraged to locally produce power for local consumption as well as use more renewable energy, but prices for these power supplies are linked to wholesale prices, which depend on the overall power supply."

The big utilities, which receive most of their LNG on long-term contracts, blamed the power shortfall on a tight spot market and glitches at generation units.

"We were not able to buy as much supply as we wanted from the spot market because of higher demand from South Korea and China, where power cuts have tightened supply," Kazuhiro Ikebe, the head of the country's electricity federation, said recently.

Ikebe is also president of Kyushu Electric Power, which supplies the southern island of Kyushu.

Utilities took extreme measures - from burning polluting fuel oil in coal plants to scavenging the dregs from empty LNG tankers - to keep the grid from breaking down.

"There is too much dependence on JEPX for procurement," said Bob Takai, the local head of European Energy Exchange, where electricity pricing reforms are being discussed, and which started offering Japan power futures last year. He added that new entrants were not hedging against sharp price moves.

Three people, who requested anonymity because of the sensitivity of the matter, were more blunt. One called the utilities arrogant in assuming they could find LNG cargoes in a pinch. Prices were already rising as China snapped up supplies, the sources noted.

"You had volatility caused by people saying 'Oh, well, demand is going to be weak because of coronavirus impacts' and then saying 'we can rely more on solar than in the past,' but solar got snowed out," said a senior executive from one generator. "We have a problem of who is charge of energy security in Japan."

Inventories of LNG, generally about two weeks worth of supplies, were also not topped up enough to prepare for winter, a market analyst said.

The fallout from the crunch has become more apparent in recent days, with new power companies like Rakuten Inc suspending new sales and Tokyo Gas, along with traditional electricity utilities, issuing profit downgrades or withdrawing their forecasts.

Although prices have fallen sharply as temperatures warmed up slightly and more generation units have come back online, the power generator executive said, "we are not out of the woods yet."
 

 

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California lawmakers plan to overturn income-based utility charges

California income-based utility charges face bipartisan pushback as the PUC weighs fixed fees for PG&E, SDG&E, and Southern California Edison, reshaping rate design, electricity affordability, energy equity, and privacy amid proposed per-kWh reductions.

 

Key Points

PUC-approved fixed fees tied to household income for PG&E, SDG&E, and SCE, offset by lower per-kWh rates.

✅ Proposed fixed fees: $51 SCE, $73.31 SDG&E, $50.92 PG&E

✅ Critics warn admin, privacy, legal risks and higher bills for savers

✅ Backers say lower-income pay less; kWh rates cut ~33% in PG&E area

 

Efforts are being made across California's political landscape to derail a legislative initiative that introduced income-based utility charges for customers of Southern California Edison and other major utilities.

Legislators from both the Democratic and Republican parties have proposed bills aimed at nullifying the 2022 legislation that established a sliding scale for utility charges based on customer income, a decision made in a late-hour session and subsequently endorsed by Governor Gavin Newsom.

The plan, pending final approval from the state Public Utilities Commission (PUC) — all of whose current members were appointed by Governor Newsom — would enable utilities like Southern California Edison, San Diego Gas & Electric, and PG&E to apply new income-based charges as early as this July.

Among the state legislators pushing back against the income-based charge scheme are Democrats Jacqui Irwin and Marc Berman, along with Republicans Janet Nguyen, Kelly Seyarto, Rosilicie Ochoa Bogh, Scott Wilk, Brian Dahle, Shannon Grove, and Roger Niello.

A cadre of specialists, including economist Ahmad Faruqui who has advised all three utilities implicated in the fee proposal, have outlined several concerns regarding the PUC's pending decision.

Faruqui and his colleagues argue that the proposed charges are excessively high in comparison to national standards, reflecting soaring electricity prices across the state, potentially leading to administrative challenges, legal disputes, and negative unintended outcomes, such as penalizing energy-conservative consumers.

Advocates for the income-based fee model, including The Utility Reform Network (TURN) and the National Resources Defense Council, argue it would result in higher charges for wealthier consumers and reduced fees for those with lower incomes. They also believe that the utilities plan to decrease per kilowatt-hour rates as part of a broader rate structure review to balance out the new fees.

However, even supporters like TURN and the Natural Resources Defense Council acknowledge that the income-based fee model is not a comprehensive solution to making soaring electricity bills more affordable.

If implemented, California would have the highest income-based utility fees in the country, with averages far surpassing the national average of $11.15, as reported by EQ Research:

  • Southern California Edison would charge $51.
  • San Diego Gas & Electric would levy $73.31.
  • PG&E would set fees at $50.92.

The proposal has raised concerns among state legislators about the additional financial burden on Californians already struggling with high electricity costs.

Critics highlight several practical challenges, including the PUC's task of assessing customers' income levels, a process fraught with privacy concerns, potential errors, and constitutional questions regarding access to tax information.

Economists have pointed out further complications, such as the difficulty in accurately assessing incomes for out-of-state property owners and the variability of customers' incomes over time.

The proposed income-based charges would differ by income bracket within the PG&E service area, for example, with lower-income households facing lower fixed charges and higher-income households facing higher charges, alongside a proposed 33% reduction in electricity rates to help mitigate the fixed charge impact.

Yet, the economists warn that most customers, particularly low-usage customers, could end up paying more, essentially rewarding higher consumption and penalizing efficiency.

This legislative approach, they caution, could inadvertently increase costs for moderate users across all income brackets, a sign of major changes to electric bills that could emerge, challenging the very goals it aims to achieve by promoting energy inefficiency.

 

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Chinese govt rejects the allegations against CPEC Power Producers

CPEC Power Producers drive China-Pakistan energy cooperation under the Belt and Road Initiative, delivering clean, reliable electricity, investment transparency, and grid stability while countering allegations, cutting circular debt, and easing load-shedding nationwide.

 

Key Points

CPEC Power Producers are BRI-backed energy projects supplying clean, reliable power and stabilizing Pakistan's grid.

✅ Supply one-third of load during COVID-19 peak, ensuring reliability

✅ Reduce circular debt and mitigate nationwide load-shedding

✅ Operate under BRI with transparent, long-term investment

 

Chinese government has rejected the allegations against the CPEC Power Producers (CPPs) amid broader coal reduction goals in the power sector.

Chinese government has made it clear that a mammoth cooperation with Pakistan in the energy sector is continuing, aligned with its broader electricity outlook through 2060 and beyond.

A letter written by Chinese ambassador to minister of Energy Omar Ayub Khan has said that major headway has been seen in recent days in the perspective of CPEC projects, alongside China's nuclear energy development at home. But he wants to invite the attention of government of Pakistan to the recent allegations leveled against the CPEC Power Producers (CPPs).

The Chinese ambassador further said Energy is a major area of cooperation under the CPEC and the CPPs have provided large amount of clean, reliable and affordable electricity to the Pakistani consumers and have guaranteed one-third of the power load during the COVID-19 pandemic, even as China grappled with periodic power cuts domestically. However many misinformed analysis and media distortion about the CPPs have been made public to create confusion about the CPEC, amid global solar sector uncertainty influencing narratives. Therefore, the Port Qasim Electric Power Company, Huaneng Shandong Ruyi Energy Limited and the China Power Hub Generation Company Limited as leading CPPs have drafted their own reports in this regard to present the real facts about the investors and operators. The conclusion is the CPPs have contributed to overcoming of loadshedding and the reduction of the power circular debt.

Reports of the two companies have also been attached with the letter wherein it has been laid out that CPEC as a pilot project under the Belt and Road Initiative, which also includes regional nuclear energy cooperation efforts, is an important platform for China and Pakistan to build a stronger economic and development partnership.

Chinese companies have expressed strong reservations over report of different committees besides voicing protest over it. They have made it clear they are ready to present the real situation before the competent authorities and committee, and in parallel with electricity infrastructure initiatives abroad, because all the work is being carried out by Chinese companies in power sector in fair and transparent manner.

 

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Quebec's electricity ambitions reopen old wounds in Newfoundland and Labrador

Quebec Churchill Falls power deal renewal spotlights Hydro-Que9bec's Labrador hydroelectricity, Churchill River contract extension, Gull Island prospects, and Innu Nation rights, as demand from EV battery manufacturing and the green economy outpaces provincial supply.

 

Key Points

Extending Quebec's low-price Churchill Falls contract to secure Labrador hydro and address Innu Nation rights.

✅ 1969 contract delivers ~30 TWh at very low fixed price.

✅ Newfoundland seeks higher rates, equity, and consultation.

✅ Innu Nation demands benefits, consent, and land remediation.

 

As Quebec prepares to ramp up electricity production to meet its ambitious economic goals, the government is trying to extend a power deal that has caused decades of resentment in Newfoundland and Labrador.

Around 15 per cent of Quebec's electricity comes from the Churchill Falls dam in Labrador, through a deal set to expire in 2041 that is widely seen as unfair. Quebec Premier François Legault not only wants to extend the agreement, he wants another dam on the Churchill River and, for now, has closed the door on nuclear power as an option to help make his province what he has called a "world leader for the green economy."

But renewing that contract "won't be easy," Normand Mousseau, scientific director of the Trottier Energy Institute at Polytechnique Montréal, said in a recent interview. Extending the Churchill Falls deal is not essential to meet Quebec's energy plans, but without it, Mousseau said, "we would have some problems."

The Legault government is enticing global companies, such as manufacturers of electric vehicle batteries, to set up shop in the province and access its hydroelectricity. But demand for Quebec's power has exceeded its supply, and Ontario has chosen not to renew a power-purchase deal with Quebec, limiting the government's vision.

Last month, Quebec's hydro utility released its strategic plan calling for a production increase of 60 terawatt hours by 2035, which represents the installed capacity of three of Hydro-Québec's largest facilities. Churchill Falls produces roughly 30 terawatt hours, and Quebec would need to replace that power if it can't strike a deal to extend the contract, Mousseau said.

If Quebec wants to keep buying power from Churchill Falls, the government is going to have to pay more, said Mousseau, who is also a physics professor at Université de Montréal. "We're paying one-fifth of a cent a kilowatt hour — that's not much," he said.

Under the 1969 contract, Quebec assumed most of the financial risk of building the Churchill Falls dam in exchange for the right to buy power at a fixed price. The deal has generated more than $28 billion for Hydro-Québec; it has returned $2 billion to Newfoundland and Labrador.

That lopsided deal has stoked anti-Quebec sentiment in Newfoundland and Labrador and contributed to nationalist politics, including threats of separation from Canada around a decade and a half ago, when Danny Williams was premier, said Jerry Bannister, a history professor at Dalhousie University.

"We tend to forget what it was like during the Williams era — he hauled down the Canadian flag," Bannister said. "There was a type of angry, combative nationalism which defined energy development. And particularly Muskrat Falls, it was payback, it was revenge."

Power from the Muskrat Falls generating station, also on the Churchill River, would be sold to Nova Scotia instead of Quebec. But that project has suffered technical problems and cost overruns since, and as of June 29, the price of Muskrat Falls had reached $13.5 billion; the province had estimated the total cost would be $7.4 billion when it sanctioned the project in 2012.

Anti-Quebec feelings may have subsided, but Bannister said the Churchill Falls deal continues to influence Newfoundland politics.

In September, Premier Andrew Furey said Legault would have to show him the money(opens in a new tab) to extend th Legault's office said Tuesday that discussions are ongoing, while the Newfoundland and Labrador government said in an emailed statement Thursday that it wants to maximize the value of its "assets and future opportunities" along the Churchill River.

Whatever negotiations are happening, Grand Chief Simon Pokue of the Innu Nation of Labrador(opens in a new tab) said he has been left out of them.

Churchill Falls flooded 6,500 square kilometres of traditional Innu land, Pokue said, adding that in response, the Innu Nation filed a $4 billion lawsuit against Hydro-Québec in 2020, which is ongoing.

"A lot of damage has been done to our lands, our land is flooded and we'll never see it again," Pokue said in a recent interview. "Nobody will ever repair that."

As well, a portion of Muskrat Falls profits was supposed to go to the Innu Nation, but the cost overruns and a refinancing deal between the federal government and Newfoundland and Labrador have limited whatever money they will see.

If Legault wants another dam on the Churchill River, at Gull Island, the Innu Nation needs to be paid the kind of money it was expecting from Muskrat Falls, he said.

"You did it once, but you're not going to do it again," Pokue said. "It's not going to start until we are consulted and involved."

Meanwhile, Quebec may face competition for Churchill Falls power, Mousseau said, with at least one Labrador mining company expressing interest in buying a significant portion of its output — though he added that the dam's capacity could be increased. The low price paid by Quebec has meant there has been little incentive to upgrade the plant's turbines.

As demand for electricity rises across the country, Mousseau said he thinks it would be better for provinces to work together, sharing expertise and costs, for example through NB Power deals to import more Quebec electricity as they look across provincial borders to find the best locations for projects, rather than acting as rivals.

"We need to talk and work with other provinces, and some propose an independent planning body to guide this, but for this you need to build confidence, and there's no confidence from the Newfoundland side with respect to Quebec," he said. "So that's a challenge: how do you work on this relationship that has been broken for 50 years?"e contract, but the two premiers have said little since.

 

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ACORE tells FERC that DOE Proposal to Subsidize Coal, Nuclear Power Plants is unsupported by Record

FERC Grid Resiliency Pricing Opposition underscores industry groups, RTOs, and ISOs rejecting DOE's NOPR, warning against out-of-market subsidies for coal and nuclear, favoring competitive markets, reliability, and true grid resilience.

 

Key Points

Coalition urging FERC to reject DOE's NOPR subsidies, protecting reliability and competitive power markets.

✅ Industry groups, RTOs, ISOs oppose DOE NOPR

✅ PJM reports sufficient reliability and resilience

✅ Reject out-of-market aid to coal, nuclear

 

A diverse group of a dozen energy industry associations representing oil, natural gas, wind, solar, efficiency, and other energy technologies today submitted reply comments to the Federal Energy Regulatory Commission (FERC) continuing their opposition to the Department of Energy's (DOE) proposed rulemaking on grid resiliency pricing and electricity pricing changes within competitive markets, in the next step in this FERC proceeding.

Action by FERC, as lawmakers urge movement on aggregated DERs to modernize markets, is expected by December 11.

In these comments, this broad group of energy industry associations notes that most of the comments submitted initially by an unprecedented volume of filers, including grid operators whose markets would be impacted by the proposed rule, urged FERC not to adopt DOE'sproposed rule to provide out-of-market financial support to uneconomic coal and nuclear power plants in the wholesale electricity markets overseen by FERC.

Just a small set of interests - those that would benefit financially from discriminatory pricing that favors coal and nuclear plants - argued in favor of the rule put forward by DOE in its Notice of Proposed Rulemaking, or NOPR, as did coal and business interests in related regulatory debates. But even those interests - termed 'NOPR Beneficiaries' by the energy associations - failed to provide adequate justification for FERC to approve the rule, and their specific alternative proposals for implementing the bailout of these plants were just as flawed as the DOE plan, according to the energy industry associations.

'The joint comments filed today with partners across the energy spectrum reflect the overwhelming majority view that this proposed rulemaking by FERC is unprecedented and unwarranted, said Todd Foley, Senior Vice President, Policy & Government Affairs, American Council on Renewable Energy.

We're hopeful that FERC will rule against an anti-competitive distortion of the electricity marketplace and avoid new unnecessary initiatives that increase power prices for American consumers and businesses.'

In the new reply comments submitted in response to the initial comments filed by hundreds of stakeholders on or before October 23 - the energy industry associations made the following points: Despite hundreds of comments filed, no new information was brought forth to validate the assertion - by DOE or the NOPR Beneficiaries - that an emergency exists that requires accelerated action to prop up certain power plants that are failing in competitive electricity markets: 'The record in this proceeding, including the initial comments, does not support the discriminatory payments proposed' by DOE, state the industry groups.

Nearly all of the initial comments filed in the matter take issue with the DOE NOPR and its claim of imminent threats to the reliability and resilience of the electric power system, despite reports of coal and nuclear disruptions cited by some advocates: 'Of the hundreds of comments filed in response to the DOE NOPR, only a handful purported to provide substantive evidence in support of the proposal. In contrast, an overwhelming majority of initial comments agree that the DOE NOPR fails to substantiate its assertions of an immediate reliability or resiliency need related to the retirement of merchant coal-fired and nuclear generation.'

Grid operators filed comments refuting claims that the potential retirement of coal and nuclear plants which could not compete for economically present immediate or near-term challenges to grid management, even as a coal CEO criticism targeted federal decisions: 'Even the RTOs and ISOs themselves filed comments opposing the DOE NOPR, noting that the proposed cost-of-service payments to preferred generation would disrupt the competitive markets and are neither warranted nor justified.... Most notably, this includes PJM Interconnection, ... the RTO in which most of the units potentially eligible for payments under the DOE NOPR are located. PJM states that its region 'unquestionably is reliable, and its competitive markets have for years secured commitments from capacity resources that well exceed the target reserve margin established to meet [North American Electric Reliability Corp.] requirements.' And PJM analysis has confirmed that the region's generation portfolio is not only reliable, but also resilient.'

The need for NOPR Beneficiaries to offer alternative proposals reflects the weakness of DOE'srule as drafted, but their options for propping up uneconomic power plants are no better, practically or legally: 'Plans put forward by supporters of the power plant bailout 'acknowledge, at least implicitly, that the preferential payment structure proposed in the DOE NOPR is unclear, unworkable, or both. However, the alternatives offered by the NOPR Beneficiaries, are equally flawed both substantively and procedurally, extending well beyond the scope of the DOE NOPR.'

Citing one example, the energy groups note that the detailed plan put forward by utility FirstEnergy Service Co. would provide preferential payments far more costly than those now provided to individual power plants needed for immediate reasons (and given a 'reliability must run' contract, or RMR): 'Compensation provided under [FirstEnergy's proposal] would be significantly expanded beyond RMR precedent, going so far as to include bailing [a qualifying] unit out of debt based on an unsupported assertion that revenues are needed to ensure long-term operation.'

Calling the action FERC would be required to take in adopting the DOE proposal 'unprecedented,' the energy industry associations reiterate their opposition: 'While the undersigned support the goals of a reliable and resilient grid, adoption of ill-considered discriminatory payments contemplated in the DOE NOPR is not supportable - or even appropriate - from a legal or policy perspective.

 

About ACORE

The American Council on Renewable Energy (ACORE) is a national non-profit organization leading the transition to a renewable energy economy. With hundreds of member companies from across the spectrum of renewable energy technologies, consumers and investors, ACORE is uniquely positioned to promote the policies and financial structures essential to growth in the renewable energy sector. Our annual forums in Washington, D.C., New York and San Franciscoset the industry standard in providing important venues for key leaders to meet, discuss recent developments, and hear the latest from senior government officials and seasoned experts.

 

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