U.S. Government announces EPA Clean Power Plan

TEPCO Kashiwazaki-Kariwa restart plan clears NRA fitness review, anchored by a seven-point safety code, Niigata consent, Fukushima lessons, seismic risk analysis, and upgrades to No. 6 and No. 7 reactors, each rated 1.35 GW.

Key Points

TEPCO's plan to restart Kashiwazaki-Kariwa under NRA rules, pending Niigata consent and upgrades to Units 6 and 7.

✅ NRA deems TEPCO fit; legally binding seven-point safety code

✅ Local consent required: Niigata review of evacuation and health impacts

✅ Initial focus on Units 6 and 7; 1.35 GW each, seismic upgrades

Tokyo Electric Power Co. cleared a major regulatory hurdle toward restarting a nuclear power plant in Niigata Prefecture, but the utility’s bid to resume its operations still hangs in the balance of a series of political approvals.

The government’s nuclear watchdog concluded Sept. 23 that the utility is fit to operate the plant, based on new legally binding safety rules TEPCO drafted and pledged to follow, even as nuclear projects worldwide mark milestones across different regulatory environments today. If TEPCO is found to be in breach of those regulations, it could be ordered to halt the plant’s operations.

The Nuclear Regulation Authority’s green light now shifts the focus over to whether local governments will agree in the coming months to restart the Kashiwazaki-Kariwa plant.

TEPCO is keen to get the plant back up and running. It has been financially reeling from the closure of its nuclear plants in Fukushima Prefecture following the triple meltdown at the Fukushima No. 1 nuclear plant in 2011 triggered by the earthquake and tsunami disaster.

In parallel, Japan is investing in clean energy innovations such as a large hydrogen system being developed by Toshiba, Tohoku Electric Power and Iwatani.

The company plans to bring the No. 6 and No. 7 reactors back online at the Kashiwazaki-Kariwa nuclear complex, which is among the world’s largest nuclear plants, amid China’s nuclear energy continuing on a steady development track in the region.

The two reactors each boast 1.35 gigawatts in output capacity, while Kenya’s nuclear plant aims to power industry as part of that country’s expansion. They are the newest of the seven reactors there, first put into service between 1996 and 1997.

TEPCO has not revealed specific plans yet on what to do with the older five reactors.

In 2017, the NRA cleared the No. 6 and No. 7 reactors under the tougher new reactor regulations established in 2013 in response to the Fukushima nuclear disaster, while jurisdictions such as Ontario support continued operation at Pickering under strict oversight.

It also closely scrutinized the operator’s ability to run the Niigata Prefecture plant safely, given its history as the entity responsible for the nation’s most serious nuclear accident.

After several rounds of meetings with top TEPCO managers, the NRA managed to hold the utility’s feet to the fire enough to make it pledge, in writing, to abide by a new seven-point safety code for the Kashiwazaki-Kariwa plant.

The creation of the new code, which is legally binding, is meant to hold the company accountable for safety measures at the facility.

“As the top executive, the president of TEPCO will take responsibility for the safety of nuclear power,” one of the points reads. “TEPCO will not put the facility’s economic performance above its safety,” reads another.

The company promised to abide by the points set out in writing during the NRA’s examination of its safety regulations.

TEPCO also vowed to set up a system where the president is directly briefed on risks to the nuclear complex, including the likelihood of earthquakes more powerful than what the plant is designed to withstand. It must also draft safeguard measures to deal with those kinds of earthquakes and confirm whether precautionary steps are in place.

The utility additionally pledged to promptly release public records on the decision-making process concerning crucial matters related to nuclear safety, and to preserve the documents until the facility is decommissioned.

TEPCO plans to complete its work to reinforce the safety of the No. 7 reactor in December. It has not set a definite deadline for similar work for the No. 6 reactor.

To restart the Kashiwazki-Kariwa plant, TEPCO needs to obtain consent from local governments, including the Niigata prefectural government.

The prefectural government is studying the plant’s safety through a panel of experts, which is reviewing whether evacuation plans are adequate as off-limits areas reopen and the health impact on residents from the Fukushima nuclear disaster.

Niigata Governor Hideyo Hanazumi said he will not decide on the restart until the panel completes its review.

The nuclear complex suffered damage, including from fire at an electric transformer, when an earthquake it deemed able to withstand hit in 2007.

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ATCO Electric administrative penalty underscores an Alberta Utilities Commission probe into a sole-sourced First Nation contract, Jasper transmission line overpayments, and nondisclosure to ratepayers, sparked by a whistleblower and pending settlement approval.

Key Points

A $31M AUC settlement over alleged overpayment, sole-sourcing, and nondisclosure tied to a Jasper transmission line.

✅ $31M administrative penalty; AUC settlement pending approval

✅ Sole-sourced First Nation contract to protect related ATCO deal

✅ Overpayment concealed when seeking recovery from ratepayers

Regulated Alberta utility ATCO Electric has agreed to pay a $31 million administrative penalty after an Alberta Utilities Commission utilities watchdog investigation found it deliberately overpaid a First Nation group for work on a new transmission line, and then failed to disclose the reasons for it when it applied to be reimbursed by ratepayers for the extra cost.

An agreed statement of facts contained in a settlement agreement between ATCO Electric Ltd. and the commission's enforcement staff says the company sole-sourced a contract in 2018 for work that was necessary for an electric transmission line to Jasper, Alta., even as BC Hydro marked a Site C transmission line milestone elsewhere.

The company that won the contract was co-owned by the Simpcw First Nation in Barriere, B.C., while debates over a First Nations electricity line in Ontario underscore related issues, and the agreement says one of the reasons for the sole-sourcing was that another of Calgary-based ATCO's subsidiaries had a prior deal with the First Nation for infrastructure projects that included the provision of work camps on the Trans Mountain Pipeline expansion project.

The statement of facts says ATCO Electric feared that if it didn't grant the contract to the First Nation group and instead put the work to tender, amid legal pressures such as a treaty rights challenge, the group might back out of its deal with ATCO Structures and Logistics and partner with another, non-ATCO company on the Trans Mountain work.

The agreed statement says ATCO Electric paid several million dollars more than market value for some of the Jasper line work, while a Manitoba-Minnesota line delay was being weighed in another jurisdiction, and staff attempted to conceal the reasons for the overpayment when they sought to recover the extra money from Alberta consumers.

It states the investigation was sparked by a whistleblower, and notes the agreement between the utility commission's enforcement staff and ATCO Electric must still be approved by the Alberta Utilities Commission, a process comparable to hearings that consider oral traditional evidence on interprovincial lines.

The commission must be satisfied the settlement is in the public interest, a consideration often informed by concerns from Site C opponents in other regions.

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Manitoba-Minnesota Transmission Project faces NEB certificate review, with public hearings, Indigenous consultation, and cross-border approval weighing permit vs certificate timelines, potential land expropriation, and Hydro's 2020 in-service date for the 308-MW intertie.

Key Points

A cross-border hydro line linking Manitoba and Minnesota, now under NEB review through a permit or certificate process.

✅ NEB recommends certificate with public hearings and cabinet approval

✅ Stakeholders cite land, health, and economic impacts along route

✅ Hydro targets May-June 2020 in-service despite review

A recommendation from the National Energy Board could push back the construction start date of a $453-million hydroelectric transmission line from Manitoba to Minnesota.

In a letter to federal Natural Resources Minister Jim Carr, the regulatory agency recommends using a "certificate" approval process, which could take more time than the simpler "permit" process Manitoba Hydro favours.

The certificate process involves public hearings, reflecting First Nations intervention seen in other power-line debates, to weigh the merits of the project, which would then go to the federal cabinet for approval.

The NEB says this process would allow for more procedural flexibility and "address Aboriginal concerns that may arise in the circumstances of this process."

The Manitoba-Minnesota Transmission Project would provide the final link in a chain that brings hydroelectricity from generating stations in northern Manitoba, through the Bipole III transmission line and, like the New England Clean Power Link project, across the U.S. border as part of a 308-megawatt deal with the Green Bay-based Wisconsin Public Service.

When Hydro filed its application in December 2016, it had expected to have approval by the end of August 2017 and to begin construction on the line in mid-December, in order to have the line in operation by May or June 2020.  

Groups representing stakeholders along the proposed route of the transmission line had mixed reactions to the energy board's recommendation.

A lawyer representing a coalition of more than 120 landowners in the Rural Municipality of Taché and around La Broquerie, Man., welcomed the opportunity to have a more "fulsome" discussion about the project.

"I think it's a positive step. As people become more familiar with the project, the deficiencies with it become more obvious," said Kevin Toyne, who represents the Southeast Stakeholders Coalition.

Toyne said some coalition members are worried that Hydro will forcibly expropriate land in order to build the line, while others are worried about potential economic and health impacts of having the line so close to their homes. They have proposed moving the line farther east.

When the Clean Environment Commission — an arm's-length provincial government agency — held public hearings on the proposed route earlier this year, the coalition brought their concerns forward, echoing Site C opposition voiced by northerners, but Toyne says both the commission and Hydro ignored them.

Hydro still aiming for 2020 in-service date

The Manitoba Métis Federation also participated in those public hearings. MMF president David Chartrand worries about the impact a possible delay, as seen with the Site C work halt tied to treaty rights, could have on revenue from sales of hydroelectric power to the U.S.

"I know that a lot of money, billions have been invested on this line. And if the connection line is not done, then of course this will be sitting here, not gaining any revenue, which will affect every Métis in this province, given our Hydro bill's going to go up," Chartrand said.The NEB letter to Minister Carr requests that he "determine this matter in an expedited manner."

Manitoba Hydro spokesperson Bruce Owen said in an email that the Crown corporation will participate in whatever process, permit or certificate, the NEB takes.

"Manitoba Hydro does not have any information at this point in time that would change the estimated in-service date (May-June 2020) for the Manitoba-Minnesota Transmission Project," he said.

The federal government "is currently reviewing the NEB's recommendation to designate the project as subject to a certificate, which would result in public hearings," said Alexandre Deslongchamps, a spokesperson for Carr.

"Under the National Energy Board Act, an international power line requires either the approval by the NEB through a permit or approval by the Government of Canada by a certificate. Both must be issued by the NEB," he wrote in an email to CBC News.

By law, the certificate process is not to take longer than 15 months.

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Trump NEPA Overhaul streamlines environmental reviews, tightening 'reasonably foreseeable' effects, curbing cumulative impacts, codifying CEQ greenhouse gas guidance, expediting permits for pipelines, highways, and wind projects with two-year EIS limits and one lead agency.

Key Points

Trump NEPA Overhaul streamlines reviews, trims cumulative impacts, keeps GHG analysis for foreseeable effects.

✅ Limits cumulative and indirect impacts; emphasizes foreseeable effects

✅ Caps EIS at two years; one-year environmental assessments

✅ One lead agency; narrower NEPA triggers for low federal funding

President Trump has announced plans for overhauling rules surrounding the nation’s bedrock environmental law, and administration officials refuted claims they were downplaying greenhouse gas emissions, as the administration also pursues replacement power plant rules in related areas.

The president, during remarks at the White House with supporters and Cabinet officials, said he wanted to fix the nation’s “regulatory nightmare” through new guidelines for implementing the National Environmental Policy Act.

“America is a nation of builders,” he said. But it takes too long to get a permit, and that’s “big government at its absolute worst.”

The president said, “We’re maintaining America’s world-class standards of environmental protection.” He added, “We’re going to have very strong regulation, but it’s going to go very quickly.”

NEPA says the federal government must consider alternatives to major projects like oil pipelines, highways and bridges that could inflict environmental harm. The law also gives communities input.

The Council on Environmental Quality has not updated the implementing rules in decades, and both energy companies and environmentalists want them reworked, even as some industry groups warned against rushing electricity pricing changes under related policy debates.

But they patently disagree on how to change the rules.

A central fight surrounds whether the government considers climate change concerns when analyzing a project.

Environmentalists want agencies to look more at “cumulative” or “indirect” impacts of projects. The Trump plan shuts the door on that.

“Analysis of cumulative effects is not required,” the plan states, adding that CEQ “proposes to make amendments to simplify the definition of effects by consolidating the definition into a single paragraph.”

CEQ Chairwoman Mary Neumayr told reporters during a conference call that definitions in the current rules were the “subject of confusion.”

The proposed changes, she said, do in fact eliminate the terms “cumulative” and “indirect,” in favor of more simplified language.

Effects must be “reasonably foreseeable” and require a “reasonably close causal relationship” to the proposed action, she added. “It does not exclude considerations of greenhouse gas emissions,” she said, pointing to parallel EPA proposals for new pollution limits on coal and gas power plants as context.

Last summer, CEQ issued proposed guidance on greenhouse gas reviews in project permitting. The nonbinding document gave agencies broad authority when considering emissions (Greenwire, June 21, 2019).

Environmentalists scoffed and said the proposed guidance failed to incorporate the latest climate science and look at how projects could be more resilient in the face of severe weather and sea-level rise.

The proposed NEPA rules released today include provisions to codify the proposed guidance, which has also been years in the making.

Other provisions

Senior administration officials sought to downplay the effect of the proposed NEPA rules by noting the underlying statute will remain the same.

“If it required NEPA yesterday, it will require NEPA under the new proposal,” an official said when asked how the changes might apply to pipelines like Keystone XL.

And yet the proposed changes could alter the “threshold consideration” that triggers NEPA review. The proposal would exclude projects with minimal federal funding or “participation.”

The Trump plan also proposes restricting an environmental impact statement to two years and an environmental assessment to one.

Neumayr said the average EIS takes 4 ½ years and in some cases longer. Democrats have disputed those timelines. Further, just 1% of all federal actions require an EIS, they argue.

The proposal would also require one agency to take the lead on permitting and require agency officials to “timely resolve disputes that may result in delays.”

In general, the plan calls for environmental documents to be “concise” and “serve their purpose of informing decision makers.”

Both Interior Secretary David Bernhardt and EPA Administrator Andrew Wheeler, whose agency moved to rewrite coal power plant wastewater limits in separate actions, were at the White House for the announcement.

Reaction

An onslaught of critics have said changes to NEPA rules could be the administration’s most far-reaching environmental rollback, and state attorneys general have mounted a legal challenge to related energy actions as well.

The League of Conservation Voters declared the administration was again trying to “sell out the health and well-being of our children and families to corporate polluters.”

On Capitol Hill, House Speaker Nancy Pelosi (D-Calif.) said during a news conference the administration would “no longer enforce NEPA.”

“This means more polluters will be right there, next to the water supply of our children,” she said. “That’s a public health issue. Their denial of climate, they are going to not use the climate issue as anything to do with environmental decisionmaking.”

Sen. Sheldon Whitehouse (D-R.I.) echoed the sentiment, saying he didn’t need any more proof that the fossil fuel industry had hardwired the Trump administration “but we got it anyway.”

Energy companies, including firms focused on renewable energy development, are welcoming the “clarity” of the proposed NEPA rules, even as debates continue over a clean electricity standard in federal climate policy.

“The lack of clarity in the existing NEPA regulations has led courts to fill the gaps, spurring costly litigation across the sector, and has led to unclear expectations, which has caused significant and unnecessary delays for infrastructure projects across the country,” the Interstate Natural Gas Association of America said in a statement.

Last night, the American Wind Energy Association said NEPA rules have caused “unreasonable and unnecessary costs and long project delays” for land-based and offshore wind energy and transmission development.

Trump has famously attacked the wind energy industry for decades, dating back to his opposition to a Scottish wind turbine near his golf course.

The president today said he won’t stop until “gleaming new infrastructure has made America the envy of the world again.”

When asked whether he thought climate change was a “hoax,” as he once tweeted, he said no. “Nothing’s a hoax about that,” he said.

The president said there’s a book about climate he’s planning to read. He said, “It’s a very serious subject.”

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Georgia Power June bill credit delivers PSC-approved savings, lower fuel rates, and COVID-19 relief for residential customers, driven by natural gas prices and 2018 earnings, with typical 1,000 kWh users seeing June bill reductions.

Key Points

A PSC-approved one-time credit and lower fuel rates reducing June bills for Georgia Power residential customers.

✅ $11.29 credit for 1,000 kWh usage on June bills

✅ Fuel rate cut saves $10.26 per month from June to September 2020

✅ PSC-approved $51.5M credit based on Georgia Power's 2018 results

Georgia Power announced that the typical residential customer using 1,000-kilowatt hours will receive an $11.29 credit on their June bill, reflecting a lump-sum credit model also used elsewhere.

This reflects implementation of a one-time $51.5 million credit for customers, similar to Gulf Power's bill decrease efforts, approved by the Georgia Public Service Commission, as a result of

Georgia Power's 2018 financial results.

Pairing the June credit with new, lower fuel rates recently announced, the typical residential customer would see a reduction of $21.55 in June, even as some regions face increases like Pennsylvania's winter price hikes elsewhere.

The amount each customer receives will vary based on their 2018 usage. Georgia Power will apply the credit to June bills for customers who had active accounts as of Dec. 31, 2018, and are still active or receiving a final bill as of June 2020, and the company has issued pandemic scam warnings to help customers stay informed.

Fuel rate lowered 17.2 percent

In addition to the approved one-time credit in June, the Georgia PSC recently approved Georgia Power’s plan to reduce its fuel rates by 17.2 percent and total billings by approximately $740 million over a two-year period. The implementation of a special interim reduction will provide customers additional relief during the COVID-19 pandemic through even lower fuel rates over the upcoming 2020 summer months. The lower fuel rate and special interim reduction will lower the total bill of a typical residential customer using an average of 1,000-kilowatt hours by a total of $10.26 per month from June through September 2020.

The reduction in the company’s fuel rate is driven primarily by lower natural gas prices, even as FPL proposed multiyear rate hikes in Florida, as a result of increased natural gas supplies, which the company is able to take advantage of to benefit customers due to its diverse generation sources.

February bill credit due to tax law savings

Georgia Power completed earlier this year the third and final bill credit associated with the Tax Cuts and Jobs Act of 2017, resulting in credits totaling $106 million. The typical residential customer using an average of 1,000 kilowatt-hours per month received a credit of approximately $22 on their February Georgia Power bill, a helpful offset as U.S. electric bills rose 5% in 2022 according to national data.

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Germany Nuclear Debate Amid Energy Crisis highlights nuclear power vs coal and natural gas, renewables and hydropower limits, carbon emissions, energy security, and baseload reliability during Russia-related supply shocks and winter demand.

Key Points

Germany Nuclear Debate Amid Energy Crisis weighs reactor extensions vs coal revival to bolster security, curb emissions.

✅ Coal plants restarted; nuclear shutdown stays on schedule.

✅ Energy security prioritized amid Russian gas supply cuts.

✅ Emissions likely rise despite renewables expansion.

Peel away the politics and the passion, the doomsaying and the denialism, and climate change largely boils down to this: energy. To avoid the chances of catastrophic climate change while ensuring the world can continue to grow — especially for poor people who live in chronically energy-starved areas — we’ll need to produce ever more energy from sources that emit little or no greenhouse gases.

It’s that simple — and, of course, that complicated.

Zero-carbon sources of renewable energy like wind and solar have seen tremendous increases in capacity and equally impressive decreases in price in recent years, while the decades-old technology of hydropower is still what the International Energy Agency calls the “forgotten giant of low-carbon electricity.”

And then there’s nuclear power. Viewed strictly through the lens of climate change, nuclear power can claim to be a green dream, even as Europe is losing nuclear power just when it really needs energy most.

Unlike coal or natural gas, nuclear plants do not produce direct carbon dioxide emissions when they generate electricity, and over the past 50 years they’ve reduced CO2 emissions by nearly 60 gigatonnes. Unlike solar or wind, nuclear plants aren’t intermittent, and they require significantly less land area per megawatt produced. Unlike hydropower — which has reached its natural limits in many developed countries, including the US — nuclear plants don’t require environmentally intensive dams.

As accidents at Chernobyl and Fukushima have shown, when nuclear power goes wrong, it can go really wrong. But newer plant designs reduce the risk of such catastrophes, which themselves tend to garner far more attention than the steady stream of deaths from climate change and air pollution linked to the normal operation of conventional power plants.

So you might imagine that those who see climate change as an unparalleled existential threat would cheer the development of new nuclear plants and support the extension of nuclear power already in service.

In practice, however, that’s often not the case, as recent events in Germany underline.

When is a Green not green?
The Russian war in Ukraine has made a mess of global energy markets, but perhaps no country has proven more vulnerable than Germany, reigniting debate over a possible resurgence of nuclear energy in Germany among policymakers.

At the start of the year, Russian exports supplied more than half of Germany’s natural gas, along with significant portions of its oil and coal imports. Since the war began, Russia has severely curtailed the flow of gas to Germany, putting the country in a state of acute energy crisis, with fears growing as next winter looms.

With little natural gas supplies of the country’s own, and its heavily supported renewable sector unable to fully make up the shortfall, German leaders faced a dilemma. To maintain enough gas reserves to get the country through the winter, they could try to put off the closure of Germany’s last three remaining nuclear reactors temporarily, which were scheduled to shutter by the end of 2022 as part of Germany’s post-Fukushima turn against nuclear power, and even restart already closed reactors.

Or they could try to reactivate mothballed coal-fired power plants, and make up some of the electricity deficit with Germany’s still-ample coal reserves.

Based on carbon emissions alone, you’d presumably go for the nuclear option. Coal is by far the dirtiest of fossil fuels, responsible for a fifth of all global greenhouse gas emissions — more than any other single source — as well as a soup of conventional air pollutants. Nuclear power produces none of these.

German legislators saw it differently. Last week, the country’s parliament, with the backing of members of the Green Party in the coalition government, passed emergency legislation to reopen coal-powered plants, as well as further measures to boost the production of renewable energy. There would be no effort to restart closed nuclear power plants, or even consider a U-turn on the nuclear phaseout for the last active reactors.

“The gas storage tanks must be full by winter,” Robert Habeck, Germany’s economy minister and a member of the Green Party, said in June, echoing arguments that nuclear would do little to solve the gas issue for the coming winter.

Partially as a result of that prioritization, Germany — which has already seen carbon emissions rise over the past two years, missing its ambitious emissions targets — will emit even more carbon in 2022.

To be fair, restarting closed nuclear power plants is a far more complex undertaking than lighting up old coal plants. Plant operators had only bought enough uranium to make it to the end of 2022, so nuclear fuel supplies are set to run out regardless.

But that’s also the point. Germany, which views itself as a global leader on climate, is grasping at the most carbon-intensive fuel source in part because it made the decision in 2011 to fully turn its back on nuclear for good at the time, enshrining what had been a planned phase-out into law.

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