Planners downplay new power line for Toronto

Hydro-Quebec NECEC Transmission Line faces Maine PUC scrutiny over clean energy claims, greenhouse gas emissions, spillage capacity, resource shuffling, and Massachusetts contracts, amid opposition from natural gas generators and environmental groups debating public need.

Key Points

A $1B Maine corridor for Quebec hydropower to Massachusetts, debated over emissions, spillage, and public need.

✅ Maine PUC weighing public need and ratepayer benefits

✅ Emissions impact disputed: resource shuffling vs new supply

✅ Hydro-Quebec spillage claims questioned without data

As Maine regulators are deciding whether to approve construction of a $1 billion electricity corridor across much of western Maine, the Canadian hydroelectric utility poised to make billions of dollars from the project has been absent from the process.

This has left both opponents and supporters of the line arguing about how much available energy the utility has to send through a completed line, and whether that energy will help fulfill the mission of the project: fighting climate change.

And while the utility has avoided making its case before regulators, which requires submitting to cross-examination and discovery, it has engaged in a public relations campaign to try and win support from the region's newspapers.

Government-owned Hydro-Quebec controls dams and reservoirs generating hydroelectricity throughout its namesake province. It recently signed agreements to sell electricity across the proposed line, named the New England Clean Energy Connect, to Massachusetts as part of the state's effort to reduce its dependence on fossil fuels, including natural gas.

At the Maine Public Utilities Commission, attorneys for Central Maine Power Co., which would build and maintain the line, have been sparring with the opposition over the line's potential impact on Maine and its electricity consumers. Leading the opposition is a coalition of natural gas electricity generators that stand to lose business should the line be built, as well as the Natural Resources Council of Maine, an environmental group.

That unusual alliance of environmental and business groups wants Hydro-Quebec to answer questions about its hydroelectric system, which they argue can't deliver the amount of electricity promised to Massachusetts without diverting energy from other regions.

In that scenario, critics say the line would not produce the reduction in greenhouse gas emissions that CMP and Hydro-Quebec have made a central part of their pitch for the project. Instead, other markets currently buying energy from Hydro-Quebec, such as New York, Ontario and New Brunswick, would see hydroelectricity imports decrease and have to rely on other sources of energy, including coal or oil, to make up the difference. If that happened, the total amount of clean energy in the world would remain the same.

Opponents call this possibility "greenwashing." Massachusetts regulators have described these circumstances as "resource shuffling."

But CMP spokesperson John Carroll said that if hydropower was diverted from nearby markets to power Massachusetts, those markets would not turn to fossil fuels. Rather they would seek to develop other forms of renewable energy "leading to further reductions in greenhouse gas emissions in the region."

Hydro-Quebec said it has plenty of capacity to increase its electricity exports to Massachusetts without diverting energy from other places.

However, Hydro-Quebec is not required to participate -- and has not voluntarily participated -- in regulatory hearings where it would be subject to cross examinations and have to testify under oath. Some participants wish it would.

At a January hearing at the Maine Public Utilities Commission, hearing examiner Mitchell Tannenbaum had to warn experts giving testimony to "refrain from commentary regarding whether Hydro-Quebec is here or not" after they complained about its absence when trying to predict potential ramifications of the line.

"I would have hoped they would have been visible and available to answer legitimate questions in all of these states through which their power is going to be flowing," said Dot Kelly, a member of the executive committee at the Maine Chapter of the Sierra Club who has participated in the line's regulatory proceedings as an individual. "If you're going to have a full and fair process, they have to be there."

[What you need to know about the CMP transmission line proposed for Maine]

While Hydro-Quebec has not presented data on its system directly to Maine regulators, it has brought its case to the press. Central to that case is the fact that it's "spilling" water from its reservoirs because it is limited by how much electricity it can export. It said that it could send more water through its turbines and lower reservoir levels, eliminating spillage and creating more energy, if only it had a way to get that energy to market. Hydro-Quebec said the line would make that possible, and, in doing so, help lower emissions and fight climate change.

"We have that excess potential that we need to use. Essentially, it's a good problem to have so long as you can find an export market," Hydro-Quebec spokesperson Serge Abergel told the Bangor Daily News.

Hydro-Quebec made its "spillage" case to the editorial boards of The Boston Globe, The Portland Press Herald and the BDN, winning qualified endorsements from the Globe and Press Herald. (The BDN editorial board has not weighed in on the project).

Opponents have questioned why Hydro-Quebec is willing to present their case to the press but not regulators.

"We need a better answer than 'just trust us,'" Natural Resources Council of Maine attorney Sue Ely said. "What's clear is that CMP and HQ are engaging in a full-court publicity tour peddling false transparency in an attempt to sell their claims of greenhouse gas benefits."

Energy generators aren't typically parties to public utility commission proceedings involving the building of transmission lines, but Maine regulators don't typically evaluate projects that will help customers in another state buy energy generated in a foreign country.

"It's a unique case," said Maine Public Advocate and former Democratic Senate Minority Leader Barry Hobbins, who has neither endorsed nor opposed the project. Hobbins noted the project was not proposed to improve reliability for Maine electricity customers, which is typically the point of new transmission line proposals evaluated by the commission. Instead, the project "is a straight shot to Massachusetts," Hobbins said.

Maine Public Utilities Commission spokesperson Harry Lanphear agreed. "The Commission has never considered this type of project before," he said in an email.

In order to proceed with the project, CMP must convince the Maine Public Utilities Commission that the proposed line would fill a "public need" and benefit Mainers. Among other benefits, CMP said it will help lower electricity costs and create jobs in Maine. A decision is expected in the spring.

Given the uniqueness of the case, even the commission seems unsure about how to apply the vague "public need" standard. On Jan. 14, commission staff asked case participants to weigh in on how it should apply Maine law when evaluating the project, including whether the hydroelectricity that would travel over the line should be considered "renewable" and whether Maine's own carbon reduction goals are relevant to the case.

James Speyer, an energy consultant whose firm was hired by natural gas company and project opponent Calpine to analyze the market impacts of the line, said he has testified before roughly 20 state public utility commissions and has never seen a proceeding like this one.

"I've never been in a case where one of the major beneficiaries of the PUC decision is not in the case, never has filed a report, has never had to provide any data to support its assertions, and never has been subject to cross examination," Speyer said. "Hydro-Quebec is like a black box."

Hydro-Quebec would gladly appear before the Maine Public Utilities Commission, but it has not been invited, said spokesperson Abergel.

"The PUC is doing its own process," Abergel said. "If the PUC were to invite us, we'd gladly intervene. We're very willing to collaborate in that sense."

But that's not how the commission process works. Individuals and organizations can intervene in cases, but the commission does not invite them to the proceedings, commission spokesperson Lanphear said.

CMP spokesperson Carroll dismissed concerns over emissions, noting that Hydro-Quebec is near the end of completing a more than 15-year effort to develop its clean energy resources. "They will have capacity to satisfy the contract with Massachusetts in their reservoirs," Carroll said.

While Maine regulators are evaluating the transmission line, Massachusetts' Department of Public Utilities is deciding whether to approve 20-year contracts between Hydro-Quebec and that state's electric utilities. Those contracts, which Hydro-Quebec has estimated could be worth close to $8 billion, govern how the utility sells electricity over the line.

Dean Murphy, a consultant hired by the Massachusetts Attorney General's office to review the contracts, testified before Massachusetts regulators that the agreements do not require a reduction in global greenhouse gas emissions. Murphy also warned the contracts don't actually require Hydro-Quebec to increase the total amount of energy it sends to New England, as energy could be shuffled from established lines to the proposed CMP line to satisfy the contracts.

Parties in the Massachusetts proceeding are also trying to get more information from Hydro-Quebec. Energy giant NextEra is currently trying to convince Massachusetts regulators to issue a subpoena to force Hydro-Quebec to answer questions about how its exports might change with the construction of the transmission line. Hydro-Quebec and CMP have opposed the motion.

Hydro-Quebec has a reputation for guarding its privacy, according to Hobbins.

"It would have been easier to not have to play Sherlock Holmes and try to guess or try to calculate without having a direct 'yes' or 'no' response from the entity itself," Hobbins said.

Ultimately, the burden of proving that Maine needs the line falls on CMP, which is also responsible for making sure regulators have all the information they need to make a decision on the project, said former Maine Public Utilities Commission Chairman Kurt Adams.

"Central Maine Power should provide the PUC with all the info that it needs," Adams said. "If CMP can't, then one might argue that they haven't met their burden."

'They treat HQ with nothing but distrust'

If completed, the line would bring 9.45 terawatt hours of electricity from Quebec to Massachusetts annually, or about a sixth of the total amount of electricity Massachusetts currently uses every year (and roughly 80 percent of Maine's annual load). CMP's parent company Avangrid would make an estimated $60 million a year from the line, according to financial analysts.

As part of its legally mandated efforts to reduce carbon emissions and fight climate change, Massachusetts would pay the $950 million cost of constructing the line. The state currently relies on natural gas, a fossil fuel, for nearly 70 percent of its electricity, a figure that helps explain natural gas companies' opposition to the project.

A panel of experts recently warned that humanity has 12 years to keep global temperatures from rising above 1.5 degrees Celsius and prevent the worst effects of climate change, which include floods, droughts and extreme heat.

The line could lower New England's annual carbon emissions by as much as 3 million metric tons, an amount roughly equal to Washington D.C.'s annual emissions. Opponents worry that reduction could be mostly offset by increases in other markets.

But while both sides have claimed they are fighting for the environment, much of the debate features giant corporations with headquarters outside of New England fighting over the future of the region's electricity market, echoing customer backlash seen in other utility takeovers.

Hydro-Quebec is owned by the people of Quebec, and CMP is owned by Avangrid, which is in turn owned by Spanish energy giant Iberdrola. Leading the charge against the line are several energy companies in the Fortune 500, including Houston-based Calpine and Florida-based NextEra Energy.

However, only one side of the debate counts environmental groups as part of its coalition, and, curiously enough, that's the side with fossil fuel companies.

Some environmental groups, including the Natural Resources Council of Maine and Environment Maine, have come out against the line, while others, including the Acadia Center and the Conservation Law Foundation, are still deciding whether to support or oppose the project. So far, none have endorsed the line.

"It is discouraging that some of the environmental groups are so opposed, but it seems the best is the enemy of the good," said CMP's Carroll in an email. "They seem to have no sense of urgency; and they treat HQ with nothing but distrust."

Much of the environmentally minded opposition to the project focuses on the impact the line would have on local wildlife and tourism.

Sandi Howard administers the Say NO To NECEC Facebook page and lives in Caratunk, one of the communities along the proposed path of the line. She said opposition to the line might change if it was proven to reduce emissions.

"If it were going to truly reduce global CO2 emissions, I think it would be be a different conversation," Howard said.

Not the first choice

Before Maine, New Hampshire had its own debate over whether it should serve as a conduit between Quebec and Massachusetts. The proposed Northern Pass transmission line would have run the length of the state. It was Massachusetts' first choice to bring Quebec hydropower to its residents.

But New Hampshire's Site Evaluation Committee unanimously voted to reject the Northern Pass project in February 2018 on the grounds that the project's sponsor, Eversource, had failed to prove the project would not interfere with local business and tourism. Though it was the source of the electricity that would have traveled over the line, Hydro-Quebec was not a party to the proceedings.

In its decision, the committee noted the project would not reduce emissions if it was not coupled with a "new source of hydropower" and the power delivered across the line was "diverted from Ontario and New York." The committee added that it was unclear if the power would be new or diverted.

The next month, Massachusetts replaced Northern Pass by selecting CMP's proposed line. As the project came before Maine regulators, questions about Hydro-Quebec and emissions persisted. Two different analyses of CMP's proposed line, including one by the Maine Public Utility Commission's independent consultant, found the line would greatly reduce New England's emissions.

But neither of those studies took into account the line's impact on emissions outside of New England. A study by Calpine's consultant, Energyzt, found New England's emissions reduction could be mostly offset by increased emissions in other areas, including New Brunswick and New York, that would see hydroelectricity imports shrink as energy was redirected to fulfill the contract with Massachusetts.

'They failed in any way to back up those spillage claims'

Hydro-Quebec seemed content to let CMP fight for the project alone before regulators for much of 2018. But at the end of the year, the utility took a more proactive approach, meeting with editorial boards and providing a two-page letter detailing its "spillage" issues to CMP, which entered it into the record at the Maine Public Utilities Commission.

The letter provided figures on the amount of water the utility spilled that could have been converted into sellable energy, if only Hydro-Quebec had a way to get it to market. Instead, by "spilling" the water, the company essentially wasted it.

Instead of sending water through turbines or storing it in reservoirs, hydroelectric operators sometimes discharge water held behind dams down spillways. This can be done for environmental reasons. Other times it is done because the operator has so much water it cannot convert it into electricity or store it, which is usually a seasonal issue: Reservoirs often contain the most water in the spring as temperatures warm and ice melts.

Hydro-Quebec said that, in 2017, it spilled water that could have produced 4.5 terawatt hours of electricity, or slightly more than half the energy needed to fulfill the Massachusetts contracts. In 2018, the letter continued, Hydro-Quebec spilled water that could have been converted into 10.4 terawatts worth of energy. The company said it didn't spill at all due to transmission constraints prior to 2017.

The contracts Hydro-Quebec signed with the Massachusetts utilities are for 9.45 terawatt hours annually for 20 years. In its letter, the utility essentially showed it had only one year of data to show it could cover the terms of the contract with "spilled" energy.

"Reservoir levels have been increasing in the last 15 years. Having reached their maximum levels, spillage maneuvers became necessary in 2017 and 2018," said Hydro-Quebec spokesperson Lynn St. Laurent.

By providing the letter through CMP, Hydro-Quebec did not have to subject its spillage figures to cross examination.

Dr. Shaleen Jain, a civil and environmental engineering professor at the University of Maine, said that, while spilled water could be converted into power generation in some circumstances, spills happen for many different reasons. Knowing whether spillage can be translated into energy requires a great deal of analysis.

"Not all of it can be repurposed or used for hydropower," Jain said.

In December, one of the Maine Public Utility Commission's independent consultants, Gabrielle Roumy, told the commission that there's "no way" to "predict how much water would be spilled each and every year." Roumy, who previously worked for Hydro-Quebec, added that even after seeing the utility's spillage figures, he believed it would need to divert energy from other markets to fulfill its commitment to Massachusetts.

"I think at this point we're still comfortable with our assumptions that, you know, energy would generally be redirected from other markets to NECEC if it were built," Roumy said.

In January, Tanya Bodell, the founder and executive director of consultant Energyzt, testified before the commission on behalf of Calpine that it was impossible to know why Hydro-Quebec was spilling without more data.

"There's a lot of details you'd have to look at in order to properly assess what the reason for the spillage is," Bodell said. "And you have to go into an hourly level because the flows vary across the year, within the month, the week, the days. ...And, frankly, it would have been nice if Hydro-Quebec was here and brought their model and allowed us to see how this could help them to sell more."

Even though CMP and Hydro-Quebec's path to securing approval of the project does not go through the Legislature, and despite a Maine court ruling that energized Hydro-Quebec's export bid, lawmakers have taken notice of Hydro-Quebec's absence. Rep. Seth Berry, D-Bowdoinham, the House chairman of the Joint Committee On Energy Utilities and Technology and a frequent critic of CMP, said he would like to see Hydro-Quebec "show up and subject their proposal to examination and full analysis and public examination by the regulators and the people of Maine."

"They're trying to sell an incredibly lucrative proposal, and they failed in any way to back up those spillage claims with defensible numbers and defensible analysis," Berry said.

Berry was part of a bipartisan group of Maine lawmakers that wrote a letter to Massachusetts regulators last year expressing concerns about the project, which included doubts about whether the line would actually reduce global gas emissions. On Monday, he announced legislation that would direct the state to create an independent entity to buy out CMP from its foreign investors.

'No benefit to remaining quiet'

Hydro-Quebec would like to provide answers, but "there is always a commercially sensitive information concern when we do these things," said spokesperson Abergel.

"There might be stuff we can do, having an independent study that looks at all of this. I'm not worried about the conclusion," Abergel said. "I'm worried about how long it takes."

Instead of asking Hydro-Quebec questions directly, participants in both Maine and Massachusetts regulatory proceedings have had to direct questions for Hydro-Quebec to CMP. That arrangement may be part of Hydro-Quebec's strategy to control its information, said former Maine Public Utilities Commissioner David Littell.

"From a tactical point of view, it may be more beneficial for the evidence to be put through Avangrid and CMP, which actually doesn't have that back-up info, so can't provide it," Littell said.

Getting information about the line from CMP, and its parent company Avangrid, has at times been difficult, opponents say.

In August 2018, the commission's staff warned CMP in a legal filing that it was concerned "about what appears to be a lack of completeness and timeliness by CMP/Avangrid in responding to data requests in this proceeding."

The trouble in getting information from Hydro-Quebec and CMP only creates more questions for Hydro-Quebec, said Jeremy Payne, executive director of the Maine Renewable Energy Association, which opposes the line in favor of Maine-based renewables.

"There's a few questions that should have relatively simple answers. But not answering a couple of those questions creates more questions," Payne said. "Why didn't you intervene in the docket? Why are you not a party to the case? Why won't you respond to these concerns? Why wouldn't you open yourself up to discovery?"

"I don't understand why they won't put it to bed," Payne said. "If you've got the proof to back it up, then there's no benefit to remaining quiet."

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BC Hydro Air Conditioning Efficiency Tips help cut energy bills as HVAC use rises. Avoid inefficient portable AC units, set thermostats near 25 C, use fans and window shading, and turn systems off when unoccupied.

Key Points

BC Hydro's guidelines to lower summer power bills by optimizing A/C settings, fans, shading, and usage habits at home.

✅ Set thermostats to 25 C; switch off A/C when away

✅ Prefer fans and window shading; close doors/windows in heat

✅ Avoid multiple portable A/C units; choose efficient HVAC

BC Hydro is scolding British Columbians for their ineffective, wasteful and costly use of home air conditioners.

In what the electric utility calls “not-so-savvy” behaviour, it says many people are over-spending on air conditioning units that are poorly installed or used incorrectly.

"The majority of British Columbians will spend more time at home this summer because of the COVID-19 pandemic," BC Hydro says in a news release about an August survey of customers.

"With A/C use on the rise, there is evidence British Columbians are not cooling down efficiently, leading to higher summer electricity bills, as extreme heat boosts U.S. bills too this summer."

BC Hydro estimates some customers are shelling out $200 more on their summer energy bills than they need to during a record-breaking 2021 demand year for electricity.

The pandemic is compounding the demand for cool, comfortable air at home. Roughly two in five British Columbians between the ages of 25 and 50 are working from home five days a week.

However, it’s not just COVID-19 that is putting a strain on energy consumption and monthly bills, with drought affecting generation as well today.

About 90 per cent of people who use an air conditioner set it to a temperature below the recommended 25 Celsius, according to BC Hydro.

In fact, one in three people have set their A/C to the determinedly unseasonable temperature of 19 C.

Another 30 per cent are using more than one portable air conditioning unit, which the utility says is considered the most inefficient model on the market, and questions remain about crypto mining electricity use in B.C. today.

The use of air conditioners is steadily increasing in B.C. and has more than tripled since 2001, according to BC Hydro, with all-time high demand also reported in B.C. during recent heat waves. The demand for climate control is particularly high among condo-dwellers since apartments tend to trap heat and stay warmer.

This may explain why one in 10 residents of the Lower Mainland has three portable air conditioning units, and elsewhere Calgary's frigid February surge according to Enmax.

In addition, 30 per cent of people keep the air conditioning on for the sake of their pets while no one is home.

BC Hydro makes these recommendations to save energy and money on monthly bills while still keeping homes cooled during summer’s hottest days, and it also offers a winter payment plan to help manage costs:

Cool homes to 25 C in summer months when home; air conditioning should be turned off when homes are unoccupied.
In place of air conditioning, running a fan for nine hours a day over the summer costs $7.
Shading windows with drapes and blinds can help insulate a home by keeping out 65 per cent of the heat.
If the temperature outside a home is warmer than inside, keep doors and windows closed to keep cooler air inside.
Use a microwave, crockpot or toaster oven to avoid the extra heat produced by larger appliances, such as an oven, when cooking. Hang clothes to dry instead of using a dryer on hot days.

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National Grid Demand Flexibility Service helps stabilise the UK grid during tight supply, offering discounts for smart meter users who shift peak-time electricity use, reducing power cut risks amid low wind and import constraints.

Key Points

A National Grid scheme paying smart homes to cut peak-time use, easing supply pressure and avoiding power cuts.

✅ Pays volunteers with smart meters to reduce peak demand.

✅ Credits discounts for shifting use to off-peak windows.

✅ Manages tight margins and helps avert UK power cuts.

National Grid has decided not to activate a scheme on Tuesday to help the UK avoid power cuts after being poised to do so.

It would have seen some households offered discounts on their electricity bills if they cut peak-time use.

National Grid had been ready to trigger the scheme following a warning that Britain's energy supplies were looking tighter than usual this week.

However, it decided that the measure was not required.

Alerts are sent out automatically when expected supplies drop below a certain level. But they do not mean that blackouts are likely, or that the situation is critical.

National Grid said it was "confident" it would be able to manage margins and "demand is not at risk".

Discounts
Earlier on Monday, the grid operator said it was considering whether to pay households across Britain to reduce their energy use to help out on Tuesday evening.

Under the Demand Flexibility Service (DFS), announced earlier this month, customers that have signed up could get discounts on their bills if they use less electricity in a given window of time.

That could mean delaying the use of a tumble-dryer or washing machine, or cooking dinner in the microwave rather than the oven.

Major suppliers such as Octopus and British Gas are taking part, but only customers that have an electricity smart meter and that have volunteered are eligible. About 14 million UK homes have an electricity smart meter.

The DFS has already been tested twice but has not yet run live.

Octopus, the supplier with the most customers signed up, said that some households had earned more than £4 during the hour-long tests, while the average saving was "well over £1".

It came after forecasts projected a large drop in the amount of power that Britain will be able to import from French nuclear power stations on Monday and Tuesday evenings.

The lack of strong winds to power turbines has also affected how much power can be generated within the UK, and efforts to fast-track grid connections aim to ease constraints.

Such warnings are not unusual - around 12 have been issued and cancelled without issue in the last six years, and other regions such as Canada are seeing grids strained by harsh weather as well.

However, they have become more common this year due to the energy crisis, and the most recent notice was sent out last week.

The situation means that the UK will have to import electricity from other sources on Monday and Tuesday evening.

Supplies are also expected be tight in France, forecasters say.

France has been facing months of problems with its nuclear power plants, which generate around three-quarters of the country's electricity.

More than half of the nuclear reactors run by state energy company EDF have closed due to maintenance problems and technical issues.

It has added to a massive energy crisis in Europe which is facing a winter without gas supplies from Russia.

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Vehicle-to-Grid Revenue helps EV owners earn income via V2G, demand response, and ancillary services by exporting stored energy, supporting grid balancing, smart charging, and renewable integration with two-way charging infrastructure.

Key Points

Income EV owners earn by selling battery power to the grid for balancing, response, and flexibility services.

✅ Earn up to about $1,530 annually in Denmark trials

✅ Requires V2G-compatible EVs and two-way smart chargers

✅ Provides ancillary services and supports renewable integration

Electric car owners are earning as much as $1,530 a year just by parking their vehicle and feeding excess power back into the grid, effectively selling electricity back to the grid under V2G schemes.

Trials in Denmark carried out by Nissan and Italy’s biggest utility Enel Spa showed how batteries inside electric cars could, using vehicle-to-grid technology, help balance supply and demand at times and provide a new revenue stream for those who own the vehicles.

Technology linking vehicles to the grid marks another challenge for utilities already struggling to integrate wind and solar power into their distribution system. As the use of plug-in cars spreads, grid managers will have to pay closer attention and, with proper management, to when motorists draw from the system and when they can smooth variable flows.

For example, California's grid stability efforts include leveraging EVs as programs expand.

“If you blindingly deploy in the market a massive number of electric cars without any visibility or control over the way they impact the electricity grid, you might create new problems,” said Francisco Carranza, director of energy services at Nissan Europe in an interview with Bloomberg New Energy Finance.

While the Tokyo-based automaker has trials with more than 100 cars across Europe, only those in Denmark are able to earn money by feeding power back into the grid. There, fleet operators collected about 1,300 euros ($1,530) a year using the two-way charge points, said Carranza.

Restrictions on accessing the market in the U.K. means the company needs to reach about 150 cars before they can get paid for power sent back to the grid. That could be achieved by the end of this year, he said.

“It’s feasible,” he said. “It’s just a matter of finding the appropriate business model to deploy the business wide-scale.’’

Electric car demand globally is expected to soar, challenging state power grids and putting further pressure on grid operators to find new ways of balancing demand. Power consumption from vehicles will grow to 1,800 terawatt-hours in 2040 from just 6 terawatt-hours now, according to Bloomberg New Energy Finance.

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DOE RMUC Cybersecurity Program supports rural, municipal, and small investor-owned utilities with grants, technical assistance, grid resilience, incident response, workforce training, and threat intelligence sharing to harden energy systems and protect critical infrastructure.

Key Points

A $250M DOE program providing grants to boost rural and municipal utilities' cybersecurity and incident response.

✅ Grants and technical assistance for grid security

✅ Enhances incident response and threat intel sharing

✅ Builds cybersecurity workforce in rural utilities

The U.S. Department of Energy (DOE) today issued a Request for Information (RFI) seeking public input on a new $250 million program to strengthen the cybersecurity posture of rural, municipal, and small investor-owned electric utilities.

Funded by President Biden’s Bipartisan Infrastructure Law and broader clean energy funding initiatives, the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance (RMUC) Program will help eligible utilities harden energy systems, processes, and assets; improve incident response capabilities; and increase cybersecurity skills in the utility workforce. Providing secure, reliable power to all Americans, with a focus on equity in electricity regulation across communities, will be a key focus on the pathway to achieving President Biden’s goal of a net-zero carbon economy by 2050. 

“Rural and municipal utilities provide power for a large portion of low- and moderate-income families across the nation and play a critical role in ensuring the economic security of our nation’s energy supply,” said U.S. Secretary of Energy Jennifer M. Granholm. “This new program reflects the Biden Administration's commitment to improving energy reliability and connecting our nation’s rural communities to resilient energy infrastructure and the transformative benefits that come with it.” 

Nearly one in six Americans live in a remote or rural community. Utilities in these communities face considerable obstacles, including difficulty recruiting top cybersecurity talent, inadequate infrastructure, as the aging U.S. power grid struggles to support new technologies, and lack of financial resources needed to modernize and harden their systems. 

The RMUC Program will provide financial and technical assistance to help rural, municipal, and small investor-owned electric utilities improve operational capabilities, increase access to cybersecurity services, deploy advanced cyber security technologies, and increase participation of eligible entities in cybersecurity threat information sharing programs and coordination with federal partners initiatives. Priority will be given to eligible utilities that have limited cybersecurity resources, are critical to the reliability of the bulk power system, or those that support our national defense infrastructure. 

The Office of Cybersecurity, Energy Security, and Emergency Response (CESER), which advances U.S. energy security objectives, will manage the RMUC Program, providing $250 million dollars in BIL funding over five years. To help inform Program implementation, DOE is seeking input from the cybersecurity community, including eligible utilities and representatives of third parties and organizations that support or interact with these utilities. The RFI seeks input on ways to improve cybersecurity incident preparedness, response, and threat information sharing; cybersecurity workforce challenges; risks associated with technologies deployed on the electric grid; national-scale initiatives to accelerate cybersecurity improvements in these utilities; opportunities to strengthen partnerships and energy security support efforts; the selection criteria and application process for funding awards; and more. 

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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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