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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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NB Power Smart Meter Opt-Out Fees reflect cost causation principles set before the Energy and Utilities Board, covering meter reading charges, transmitter-disable options, rollout targets, and education plans across New Brunswick's smart metering program.

Key Points

Fees NB Power may apply to customers opting out of smart meters, reflecting cost causation and meter-reading costs.

✅ Based on cost causation and meter reading expenses

✅ BC and Quebec charge monthly opt-out surcharges

✅ Policy finalized during rollout after EUB review

NB Power customers who do not want a smart meter installed on their home could be facing a stiff fee for that decision, but so far the utility is not saying how much it might be.  

"It will be based on the principles of cost causation, but we have not gotten into the detail of what that fee would be at this point," said NB Power Senior Vice President of Operations Lori Clark at Energy and Utilities Board hearings on Friday.

In other jurisdictions that have already adopted smart meters, customers not wanting to participate have faced hundreds of dollars in extra charges, while Texas utilities' pullback from smart-home networks shows approaches can differ.

In British Columbia, power customers are charged a meter reading fee of $32.40 per month if they refuse a smart meter, or $20 per month if they accept a smart meter but insist its radio transmitter be turned off. That's a cost of between $240 and $388.80 per year for customers to opt out.

In Quebec, smart meters were installed beginning in 2012. Customers who refused the devices were initially charged $98 to opt out plus a meter reading fee of $17 per month. That was eventually cut by Quebec's energy board in 2014 to a $15 refusal fee and a $5 per month meter reading surcharge.

NB Power said it may be a year or more before it settles on its own fee.

"The opt out policy will be developed and implemented as part of the roll out.  It will be one of the last things we do," said Clark.

Customers need to be on board

NB Power is in front of the New Brunswick Energy and Utilities Board seeking permission to spend $122.7 million to install 350,000 smart meters province wide, as neighboring markets grapple with major rate increases that heighten affordability concerns.  

The meters are capable of transmitting consumption data of customers back to NB Power in real time, which the utility said will allow for a number of innovations in pricing and service, and help address old meter inaccuracies that affected some households.

The meters require near universal adoption by customers to maximize their financial benefit — like eliminating more than $20 million a year NB Power currently spends to read meters manually. The utility has said the switch will not succeed if too many customers opt out.

"We certainly wouldn't be looking at making an investment of this size without having the customer with us," said Clark.

On Thursday, Kent County resident Daniel LeBlanc, who along with Roger Richard, is opposing the introduction of smart meters for health reasons, predicted a cool reception for the technology in many parts of the province, given concerns that include health effects and billing disputes in Nova Scotia reported elsewhere.

"If one were to ask most of the people in the rural areas, I'm not sure you would get a lot of takers for this infrastructure," said LeBlanc, who is concerned with the long-term effect microwave frequencies used by the meters to transmit data may have on human health.

That issue is before the EUB next week.

Haven't tested the waters

NB Power acknowledged it has not measured public opinion on adopting smart meters but is confident it can convince customers it is a good idea for them and the utility, even as seasonal rate proposals in New Brunswick have prompted consumer backlash.

"People don't understand what the smart meter is," said Clark. "We need to educate our customers first to allow them to make an informed decision so that will be part of the roll out plan."

Clark noted that smart meters, helped by stiff opting out penalties, were eventually accepted by 98 per cent of customers in British Columbia and by 97.4 per cent of customers in Quebec.

"We will check and adjust along the way if there are issues with customer uptake," said Clark.

"This is very similar to what has been done in other jurisdictions and they haven't had those challenges."

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Attosecond Electron Transport uses ultrafast lasers and single-cycle light pulses to drive tunneling in bowtie gold nanoantennas, enabling sub-femtosecond switching in optoelectronic nanostructures and surpassing picosecond silicon limits for next-gen computing.

Key Points

A light-driven method that manipulates electrons with ultrafast pulses to switch currents within attoseconds.

✅ Uses single-cycle light pulses to drive electron tunneling

✅ Achieves 600 attosecond current switching in nano-gaps

✅ Enables optoelectronic, plasmonic devices beyond silicon

When it comes to data transfer and computing, the faster we can shift electrons and conduct electricity the better – and scientists have just been able to transport electrons at sub-femtosecond speeds (less than one quadrillionth of a second) in an experimental setup.

The trick is manipulating the electrons with light waves that are specially crafted and produced by an ultrafast laser. It might be a long while before this sort of setup makes it into your laptop, but similar precision is seen in noninvasive interventions where targeted electrical stimulation can boost short-term memory for limited periods, and the fact they pulled it off promises a significant step forward in terms of what we can expect from our devices.

Right now, the fastest electronic components can be switched on or off in picoseconds (trillionths of a second), a pace that intersects with debates over 5G electricity use as systems scale, around 1,000 times slower than a femtosecond.

With their new method, the physicists were able to switch electric currents at around 600 attoseconds (one femtosecond is 1,000 attoseconds).

"This may well be the distant future of electronics," says physicist Alfred Leitenstorfer from the University of Konstanz in Germany. "Our experiments with single-cycle light pulses have taken us well into the attosecond range of electron transport."

Leitenstorfer and his colleagues were able to build a precise setup at the Centre for Applied Photonics in Konstanz. Their machinery included both the ability to carefully manipulate ultrashort light pulses, and to construct the necessary nanostructures, including graphene architectures, where appropriate.

The laser used by the team was able to push out one hundred million single-cycle light pulses every single second in order to generate a measurable current. Using nanoscale gold antennae in a bowtie shape (see the image above), the electric field of the pulse was concentrated down into a gap measuring just six nanometres wide (six thousand-millionths of a metre).

As a result of their specialist setup and the electron tunnelling and accelerating it produced, the researchers could switch electric currents at well under a femtosecond – less than half an oscillation period of the electric field of the light pulses.

Getting beyond the restrictions of conventional silicon semiconductor technology has proved a challenge for scientists, but using the insanely fast oscillations of light to help electrons pick up speed could provide new avenues for pushing the limits on electronics, as our power infrastructure is increasingly digitized and integrated with photonics.

And that's something that could be very advantageous in the next generation of computers: scientists are currently experimenting with the way that light and electronics could work together in all sorts of different ways, from noninvasive brain stimulation to novel sensors.

Eventually, Leitenstorfer and his team think that the limitations of today's computing systems could be overcome using plasmonic nanoparticles and optoelectronic devices, using the characteristics of light pulses to manipulate electrons at super-small scales, with related work even exploring electricity from snowfall under specific conditions.

"This is very basic research we are talking about here and may take decades to implement," says Leitenstorfer.

The next step is to experiment with a variety of different setups using the same principle. This approach might even offer insights into quantum computing, the researchers say, although there's a lot more work to get through yet - we can't wait to see what they'll achieve next.

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Texas Power Grid Crisis strains ERCOT as extreme cold, ice storms, and heavy snow trigger rolling blackouts, load shedding, and boil-water notices, leaving millions without electricity while frozen turbines and low gas pressure hinder generation.

Key Points

A statewide emergency of outages and boil-water notices as ERCOT battles extreme cold and load shedding.

✅ Millions without power; ERCOT orders load shedding

✅ Boil-water notices in Austin, Houston, Fort Worth

✅ Frozen equipment, low gas pressure, extreme cold disrupt supply

Nearly 3 million homes and businesses in Texas remain without power, some for a third consecutive day, as severe winter weather continues to pummel the state, forcing some localities to issue boil-water notices and urge residents to reduce their electricity usage.

Heavy snowfall, ice storms and bitter temperatures continue to put an enormous strain on the state's power grid. This as the Electric Reliability Council of Texas (ERCOT), which manages roughly 75% of the Texas power grid, announced Wednesday morning that some 600,000 households had power restored overnight.

That still left another 2.7 million customers having to endure extreme cold with no indication of when the thaw would break in their homes.

"We know millions of people are suffering," ERCOT's president and CEO, Bill Magness, said in a statement Wednesday. "We have no other priority than getting them electricity. No other priority."

ERCOT also said Wednesday that it was urging local utilities to shed some 14,000 megawatts of load, which translates to roughly 2.8 million customers, to prepare for a sudden increase in demand.

"The ability to restore more power is contingent on more generation coming back online," said Dan Woodfin, the senior director of ERCOT's system operations, and utility supply-chain constraints can further complicate repair timelines for some utilities.

He said that about 185 generating units were offline, stemming from a range of factors including frozen wind turbines, low gas pressure and frozen instrumentation.

But many Texans feel abandoned by the council and power companies and they are lashing out at the local face of utilities.

The City of Austin's community-owned electric utility, Austin Energy, issued a tweet saying crews that are working to restore power are facing harassment.

"Our crews have been working 24/7 and in these elements," Austin Energy announced. "Some of our crews are reporting incidents of harassment, threatening them and even throwing things at them."

Officials pleaded with the public to remain calm. "I know people are extremely frustrated. But please, I bet of you, do not approach AE crews."

Parts of Austin are under a boil water notice, which Austin Water Director Greg Meszaros attempted to explain during a press briefing Wednesday afternoon.

"There was a large main break in that area, maybe multiple ones. We're seeing main breaks and pipes bursting by the tens of thousands. Our entire system is under stress," Meszaros said.

It's not just the Lone Star State that is being crippled by the arctic blast, with a deep freeze slamming the energy sector across the country.

At least two dozen people have died this week from weather-related incidents, according to The Associated Press.

The National Weather Service reports that more than 100 million Americans are being affected by extreme winter weather from the south central U.S. to the East Coast, including Arkansas, Louisiana, Mississippi, North Carolina, Virginia and West Virginia, and analysts warn of blackout risks nationwide during extreme heat as well.

The National Weather Service adds that cold temperatures over the nation's heartland will begin to "moderate in the coming days" but that many parts will remain 20 to 35 degrees below normal in the Great Plains, Mississippi Valley and lower Great Lakes region.

"Potential is increasing for significant icing across portions of the Mid-Atlantic, which will be very impactful, especially for those hardest hit from the previous ice storm," the National Weather Service tweeted Wednesday.

Texas Gov. Greg Abbott railed against ERCOT, and Elon Musk criticized the agency as unreliable, saying the utility "has been anything but reliable over the past 48 hours."

"This is unacceptable," Abbott added, as residents were facing rotating intentional power outages. The governor issued an executive order that will add reforms for how the power grid is managed, including grid reliability improvements under discussion, as an emergency legislative item for the state legislature to review.

The rolling power outages forced Fort Worth to extend a boil-water notice for roughly 212,000 residents. Officials said the outages affected the city's systems that both treat water and move it to customers.

Fort Worth officials said nine other localities that purchase water from the city are also affected, including Haslet, Keller, Lake Worth and Northlake.

Officials in Houston also issued a boil-water notice for the city's residents Wednesday.

"Do not drink the water without boiling it first," Houston Public Works said from its official Twitter account. "Bring all water to a boil for at least two minutes. Let it cool before using."

In Harris County, which includes Houston, Judge Lina Hidalgo warned residents about extended power outages.

"Let me give it to you straight, based on the visibility I have: Whether you have power or not right now, there is a possibility of power outages even beyond the length of this weather," Hidalgo said, according to Houston Public Media.

The NPR member station adds that county officials have also reported more than 300 cases of carbon monoxide poisoning since Monday as residents going without electricity search desperately for alternative sources of warmth.

"In no uncertain terms, this is a public health disaster and a public health emergency," Samuel Prater, an emergency physician at Memorial Hermann-Texas Medical Center, said at a news briefing Tuesday.

Prater warned residents that over the last 24 hours, emergency officials "have seen a striking increase in the number of cases related to improper heating sources," including indoor use of generators, charcoal grills, campfire stoves and other devices that are being used to warm homes. The result, he added, is carbon monoxide poisoning of entire families.

"If you think you or a loved one has become ill from carbon monoxide poisoning, first thing you need to do is get outside to fresh air," Prater said.

A woman and an 8-year-old girl are among those who have reportedly died from carbon monoxide poisoning after a vehicle was left running inside a garage in an attempt to generate heat, according to Houston's ABC affiliate.

As Texas endures further weather-related issues, including road and highway closures, there's a renewed focus on how the Texas power grid has failed, and why the grid is facing another crisis amid this prolonged cold.

The Texas electrical grid is "facing conditions that it was not designed for," said Emily Grubert, a professor at Georgia Tech whose expertise includes electric networks.

"These are really extreme conditions for the Texas grid. It's very cold. It's cold across the entire state, and it's cold for a long time. This does not happen very often," she said in an interview with NPR's Morning Edition.

"Demand really spiked both in the electricity and the natural gas systems at the same time as a lot of the generators were not able to operate because of those cold conditions, and not being prepared for it is really what's going on," Grubert said. "But a lot of grids are susceptible to really, really major failures when they are this far outside of design conditions."

Abbott told Fox News on Tuesday that with weather-related shutdowns in wind and solar energy, which account for more than 10% of the state's grid, renewable energy is partly to blame for the Texas power crisis, even as he later touted the grid's readiness heading into the fall.

"It just shows that fossil fuel is necessary for the state of Texas as well as other states to make sure that we'll be able to heat our homes in the wintertime and cool our homes in the summertime," Abbott said.

But Grubert said that "coal, gas and nuclear actually shut down because of the extreme cold due to things like instruments freezing, et cetera. So I think the overall point here is all of the fuels were really, really struggling."

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Alberta NDP Net-Zero Electricity Plan targets a 2035 clean grid, expands renewable energy, cuts emissions, creates jobs, and boosts economic diversification and rural connectivity, aligning Alberta with Canada's 2050 climate goals.

Key Points

A policy to achieve a net-zero electricity grid by 2035, advance renewable energy, cut emissions, and grow jobs.

✅ Net-zero electricity grid target set for 2035

✅ Scales renewable energy and emissions reductions

✅ Focus on jobs, rural connectivity, and diversification

Ahead of the NDP’s weekend convention, Alberta’s Opposition leader has committed to transforming the province’s energy sector and moving the province’s electricity grid to net-zero by 2035, despite debate over the federal 2035 net-zero electricity grid target in other provinces, should an orange crush wash over Alberta in the next election.

NDP Leader Rachel Notley said they would achieve this as part of the path towards Canada’s 2050 net-zero emissions goal, aligning with broader clean grids trends, which will help preserve and create jobs in the province.

“I think it’s an important goal. It’s a way of framing the work that we’re going to do within our energy industry and our energy sector, including how Alberta produces and pays for electricity going forward,” said Notley. “We know the world is moving toward different objectives and we still have the ability to lead on that front, but we need to lay down the markers early and focus on reaching those goals.”

Premier Jason Kenney has previously called the 2050 target “aspirational,” and, as the electricity sector faces profound change in Alberta, Notley said, once the work begins, it’s likely they would meet the objective earlier than proposed to reduce greenhouse gas emissions that contribute to global warming.

This is just one key issue that will be addressed at the party’s online convention, which is the first since the NDP’s defeat by the UCP in the last provincial election. Notley said other key issues will address economic diversification, economic recovery, job creation and social issues, as Alberta’s electricity market is headed for a reshuffle too. The focus, as she puts it, is “jobs, jobs, jobs.”

Attendees will also debate more than 140 policy resolutions over the weekend, including the development of a safe supply drug policy, banning coal mining in the Rocky Mountains and providing paid sick leave for workers.

Outside the formal agenda, debate over electricity market competition continues in Alberta as stakeholders weigh options.

Notley said an area of growing focus for the NDP will be rural Alberta, which is typically a conservative stronghold. One panel presentation during the convention will focus on connecting and building relationships with rural Albertans and growing the NDP profile in those areas.

“We think that we have a lot to offer rural Alberta and that, quite frankly, the UCP and (Kenney), in particular, have profoundly taken rural Alberta for granted,” she said. “Because of that, we think with a renewed energy amongst our membership to go out to parts of the province where we haven’t been previously as active, and talk about what they have been subjected to in the last two years, that we have huge opportunities there.”

Delegates will be asked to support a call for high-speed internet coverage across Alberta, which would remove barriers to access in rural Alberta and Indigenous communities, said the convention guidebook.

The convention comes as the NDP has a wide lead on the UCP, according to the latest polls. A Leger online survey of 1,001 Albertans conducted between March 5 to 8 found 40 per cent of respondents support the NDP, compared to just 20 per cent for the UCP.

Notley said it’s “encouraging” to see, but they aren’t taking anything for granted.

“I’ve always believed that Alberta Democrats have to work twice as hard as anybody else in the political spectrum, or the political arena,” she said. “So what we’re going to do is continue to do exactly what we have been, not only being a strong and I would argue fearless Opposition, but also trying to match every oppositional position with something that is propositional — offering Albertans a different vision, including an Alberta path to clean electricity where possible.”

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Cerro Dominador CSP Plant delivers 110MW concentrated solar power in Chile's Atacama Desert, with 10,600 heliostats, 17.5-hour molten salt storage, and 24/7 dispatchable energy; built by Acciona and Abengoa within a 210MW complex.

Key Points

A 110MW CSP solar-thermal plant in Chile with heliostats and 17.5h molten salt storage, delivering 24/7 dispatchable clean power.

✅ 110MW CSP with 17.5h molten salt for 24/7 dispatch

✅ 10,600 heliostats; part of a 210MW hybrid CSP+PV complex

✅ Built by Acciona and Abengoa; first of its kind in LatAm

A consortium formed by Spanish groups Abengoa and Acciona, as Spain's renewable sector expands with Enel's 90MW wind build activity, has signed a contract to complete the construction of the 110MW Cerro Dominador concentrated solar power (CSP) plant in Chile.

The consortium received notice to proceed to build the solar-thermal plant, which is part of the 210MW Cerro Dominador solar complex.

Under the contract, Acciona, which has 51% stake in the consortium and recently launched a 280 MW Alberta wind farm, will be responsible for building the plant while Abengoa will act as the technological partner.

Expected to be the first of its kind in Latin America upon completion, the plant is owned by Cerro Dominador, which in turn is owned by funds managed by EIG Global Energy Partners.

The project will add to a Abengoa-built 100MW PV plant, comparable to California solar projects in scope, which was commissioned in February 2018, to form a 210MW combined CSP and PV complex.

Spread across an area of 146 hectares, the project will feature 10,600 heliostats and will have capacity to generate clean and dispatachable energy for 24 hours a day using its 17.5 hours of molten salt storage technology, a field complemented by battery storage advances.

Expected to prevent 640,000 tons of CO2 emission, the plant is located in the commune of María Elena, in the Atacama Desert, in the Antofagasta Region.

“In total, the complex will avoid 870,000 tons of carbon dioxide emissions into the atmosphere every year and, in parallel with Enel's 450 MW U.S. wind operations, will deliver clean energy through 15-year energy purchase agreements with distribution companies, signed in 2014.

“The construction of the solarthermal plant of Cerro Dominador will have an important impact on local development, with the creation of more than 1,000 jobs in the area during its construction peak, and that will be priority for the neighbors of the communes of the region,” Acciona said in a statement.

The Cerro Dominador plant represents Acciona’s fifth solar thermal plant being built outside of Spain. The firm has constructed 10 solarthermal plants with total installed capacity of 624MW.

Acciona has been operating in Chile since 1993. The company, through its Infrastructure division, executed various construction projects for highways, hospitals, hydroelectric plants and infrastructures for the mining sector.

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