Decision on Kansas coal plants upheld

By Associated Press


NFPA 70e Training - Arc Flash

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 6 hours Instructor-led
  • Group Training Available
Regular Price:
$199
Coupon Price:
$149
Reserve Your Seat Today
A yearlong dispute over two proposed coal-fired power plants in southwest Kansas appears headed back for a Kansas Supreme Court review because of an administrative ruling.

The ruling by the Department of Administration's Office of Administrative Hearings upheld the October 2007 denial of an air-quality permit for Hays-based Sunflower Electric Power Corp. The utility wants to build the plants outside Holcomb, in Finney County, where it already has one plant.

Secretary of Health and Environment Rod Bremby's denial cited potential carbon dioxide emissions and the dangers of global warming. Sunflower and its allies contend Bremby exceeded his authority, but Bremby said he acted under his power to protect the environment and public health.

Following this development the Department of Health and Environment acknowledged: "The matter ultimately will be decided by the Kansas Supreme Court."

Bremby's decision generated seven legal challenges from Sunflower, one of its partners or local officials.

Besides the appeal to the Department of Administration, three challenges are before the Kansas Supreme Court and one was filed in federal court. Two cases filed in Finney County District Court were dismissed by a judge there in July.

The Supreme Court had said in April that it wouldn't consider its three cases until the administrative appeal and the Finney County cases were resolved.

"We were directed by the Supreme Court to exhaust our administrative remedies, which we have done," Sunflower said in a statement.

Sunflower now has 15 days to ask Bremby to reverse his October 2007 decision, although it is not expected to do so. Gov. Kathleen Sebelius, who appointed Bremby, has backed his decision.

"While we believe the secretary was authorized to deny the permit, we have always known that ultimately the Kansas Supreme Court would need to determine that," Nicole Corcoran, the governor's spokeswoman, said.

Sunflower said it hopes the administrative ruling will lead to a quick Supreme Court ruling.

"Every day the project is delayed costs Kansans thousands of jobs, jeopardizes affordable energy rates and threatens future energy reliability," the company said.

Environmentalists were pleased by the ruling, in which hearing officer Tracy Diel said Bremby acted legally but also noted that questioning an agency's interpretation of state law "is the realm of the appellate courts."

"It will protect our health and environment from the threats by the Holcomb expansion," said Sierra Club spokeswoman Stephanie Cole.

Nick Persampieri, attorney for Earthjustice in Denver, said: "The Kansas Supreme Court will have the final word, and we plan to ask the court to reach the same conclusion as the administrative officer."

The two new plants would provide 1,400 megawatts of generating capacity, enough to meet the peak demands of 700,000 households, according to one state estimate.

Sunflower and a sister utility, Midwest Energy Inc., serve about 400,000 customers in 55 Kansas counties.

Sunflower wants to sell about 86 percent of the new power to two out-of-state electric cooperatives that are helping finance the project: Tri-State Generation and Transmission Association Inc. of Westminster, Colo., and Golden Spread Electric Cooperative of Amarillo, Texas.

Bipartisan majorities in the Kansas House and Senate have supported the project, which is expected to cost $3.6 billion and is viewed by many lawmakers as economic development. Legislators approved three bills to overturn Bremby's decision this year, but Sebelius vetoed them.

Many legislators also were upset with Bremby because the state has no written standards on carbon dioxide emissions — and had taken no steps to regulate greenhouse gases until Bremby acted.

"Pretty clearly, I don't think anyone believed he had the authority to do what he did," said House Speaker Melvin Neufeld, an Ingalls Republican. "What Bremby did was write new law, and the court won't allow that."

Related News

Costa Rica hits record electricity generation from 99% renewable sources

Costa Rica Renewable Energy Record highlights 99.99% clean power in May 2019, driven by hydropower, wind, solar, geothermal, and biomass, enabling ICE REM electricity exports and reduced rates from optimized generation totaling 984.19 GWh.

 

Key Points

May 2019 benchmark: Costa Rica generated 99.99% of 984.19 GWh from renewables, shifting from imports to regional exports.

✅ 99.99% renewable share across hydro, wind, solar, geothermal, biomass

✅ 984.19 GWh generated; ICE suspended imports and exported via REM

✅ Geothermal output increased to offset dry-season hydropower variability

 

During the whole month of May 2019, Costa Rica generated a total of 984.19 gigawatt hours of electricity, the highest in the country’s history. What makes this feat even more impressive is the fact that 99.99% of this energy came from a portfolio of renewable sources such as hydropower, wind, biomass, solar, and geothermal.

With such a high generation rate, the state power company Instituto Costariccense de Electricidad (ICE) were able to suspend energy imports from the first week of May and shifted to exports, while U.S. renewable electricity surpassed coal in 2022 domestically. To date, the power company continues to sell electricity to the Regional Electricity Market (REM) which generates revenues and is likely to reduce local electricity rates, a trend echoed in places like Idaho where a vast majority of electricity comes from renewables.

The record-breaking power generation was made possible by optimization of the country’s renewable sources, much as U.S. wind capacity surpassed hydro capacity at the end of 2016 to reshape portfolios. As the period coincided with the tail end of the dry season, the geothermal quota had to be increased.

Costa Rica remains a leader in renewable power generation, whereas U.S. wind generation has become the most-used renewable source in recent years. In 2015, more than 98% of the country’s electrical generation came from renewable sources, while U.S. renewables hit a record 28% in April in one recent benchmark. Through the years, this figure has remained fairly constant despite dry bouts caused by the El Niño phenomenon, and U.S. solar generation also continued to rise.

 

Related News

View more

Nova Scotia regulator approves 14% electricity rate hike, defying premier

Nova Scotia Power Rate Increase 2023-2024 approved by the UARB lifts electricity rates 14 percent, citing fuel costs and investments, despite Bill 212; includes ROE 9 percent, decarbonization deferral, and a storm cost recovery rider.

 

Key Points

An approved UARB rate case raising electricity bills about 14% over 2023-2024, with ROE 9% and cost recovery tools.

✅ UARB approves average 6.9% annual increases for 2023 and 2024.

✅ Maintains 9% ROE; sets storm cost rider trial and decarbonization deferral.

✅ Government opposed via Bill 212, but settlement mostly upheld.

 

Nova Scotia regulators approved a 14 per cent electricity rate hike on Thursday, defying calls by Premier Tim Houston to reject the increase.

Rates will rise on average by 6.9 per cent each year in 2023 and 2024.

In Newfoundland and Labrador, the NL Consumer Advocate called an 18 per cent electricity rate hike unacceptable amid affordability concerns.

The Nova Scotia Utility and Review Board (UARB) issued a 203-page decision ratifying most of the elements in a settlement agreement reached between Nova Scotia Power and customer groups after Houston's government legislated a rate, spending and profit cap on the utility in November.

The board said approval was in the public interest and the increase is "reasonable and appropriate."

"The board cannot simply disallow N.S. Power's reasonable costs to make rates more affordable. These principles ensure fair rates and the financial health of a utility so it can continue to invest in the system providing services to its customers," the three-member panel wrote.

"While the board can (and has) disallowed costs found to be imprudent or unreasonable, absent such a finding, N.S. Power's costs must be reflected in the rates."

In addition to the 14 per cent hike, the board maintained Nova Scotia Power's current return on equity of 9 per cent, with an earnings band of 8.75 to 9.25 per cent. It agreed in principle to establish a decarbonization deferral account to pay for the retirement of coal plants and related decommissioning costs, and implemented a storm cost recovery rider for a three-year trial period.

The board rejected several items in the agreement, including rolling some Maritime Link transmission capital projects into consumers' rates.

Nova Scotia Power welcomed the ruling in a statement, describing it as "the culmination of an extensive and transparent regulatory process over the past year."

Natural Resources and Renewables Minister Tory Rushton, who has said the government cannot order lower power rates in Nova Scotia, stated the UARB decision was not what the government wanted, but he did not indicate the government has any plans to bring forward legislation to overturn it. 

"We're disappointed by the decision today. We've always been very clear that we were standing by ratepayers right from the get-go but we also respect the independent body of the UARB and their decision today."


Pressure from the province
Houston claimed the settlement breached his government's legislation, known as Bill 212 in Nova Scotia, which he said was intended to protect ratepayers. It capped rates to cover non-fuel costs by 1.8 per cent. It did not cap rates to cover fuel costs or energy efficiency programs.

Bill 212 was passed after the board concluded weeks of public hearings into Nova Scotia Power's request for an electricity rate increase, its first general rate application in 10 years. Nova Scotia Power is a subsidiary of Halifax-based Emera, which is a publicly traded company.

The legislation triggered credit downgrades from two credit rating agencies who said it compromised the independence of the Nova Scotia Utility and Review Board.

In Newfoundland and Labrador, electricity users have begun paying for Muskrat Falls as project costs flow through rates, highlighting broader pressures on Atlantic Canada utilities.

In its decision, the board accepted that legislation was intended to protect ratepayers but did not preclude increases in rates.

"Given the exclusion of fuel and purchased power costs when these were expected to cause significant upward pressure on rates, it also did not preclude large increases in rates. Instead, the protection afforded by the Public Utilities Act amendments appears to be focused on N.S. Power's non-fuel costs, with several amendments targeting N.S. Power's cost of capital and earnings."

The board noted the province was the only intervenor in the rate case to object to the settlement.


Opposition reaction
Rushton said despite the outcome, Bill 212 achieved its goal, which was to protect ratepayers.

"Without Bill 212 the rates would have actually been higher," he said. "It would have double-digit rates for this year and next year and now it's single digits."

NDP Leader Claudia Chender said the end result is that Nova Scotians are still facing "incredibly unaffordable power."

Similar criticism emerged in Saskatchewan after an 8 per cent SaskPower increase, which the NDP opposed during provincial debates.

"It's really unfortunate for a lot of Nova Scotians who are heading into a freezing weekend where heat is not optional."

Chender said a different legislative approach is needed to change the regulatory system, and more needs to be done to help people pay their electricity bills.

Liberal MLA Kelly Regan echoed that sentiment.

"There are lots of people who can absorb this. There are a lot of people who cannot, and those are the people that we should be worried about right now. This is why we've been saying all along the government needs to actually give money directly to Nova Scotians who need help with power rates."

Rushton said the government has introduced programs to help Nova Scotians pay for heat, including raising the income threshold to access the Heating Assistance Rebate Program and creating incentives to install heat pumps.

Elsewhere, some governments have provided a lump-sum credit on electricity bills to ease short-term costs for households.

 

Related News

View more

PG&E keeps nearly 60,000 Northern California customers in the dark to reduce wildfire risk

PG&E Public Safety Power Shutoff reduces wildfire risk during extreme winds, triggering de-energization across the North Bay and Sierra Foothills under red flag warnings, with safety inspections and staged restoration to improve grid resilience.

 

Key Points

A utility protocol to de-energize lines during extreme fire weather, reducing ignition risks and improving grid safety.

✅ Triggered by red flag warnings, humidity, wind, terrain

✅ Temporary de-energization of transmission and distribution lines

✅ Inspections precede phased restoration to minimize wildfire risk

 

PG&E purposefully shut off electricity to nearly 60,000 Northern California customers Sunday night, aiming to mitigate wildfire risks from power lines during extreme winds.

Pacific Gas and Electric planned to restore power to 70 percent of affected customers in the North Bay and Sierra Foothills late Monday night. As crews inspect lines for safety by helicopter, vehicles and on foot, the remainder will have power sometime Tuesday.

While it was the first time the company shut off power for public safety, PG&E announced its criteria and procedures for such an event in June, said spokesperson Paul Doherty. After wildfires devastated Northern California's wine country last October, he added, PG&E developed its community wildfire safety program division to make power grids and communities more resilient, and prepares for winter storm season through enhanced local response. 

Two sagging PG&E power lines caused one of those wildfires during heavy winds, killing four people and injuring a firefighter, the California Department of Forestry and Fire Protection determined earlier this month. Trees or tree branches hitting PG&E power lines started another four wildfires in October 2017. Altogether, the power company has been blamed for igniting 13 wildfires last year.

"We're adapting our electric system our operating practices to improve safety and reliability," Doherty said of the safety program. "That's really the bottom line for us."

Turning off power to so many customers was a "last resort given the extreme fire danger conditions these communities are experiencing," Pat Hogan, senior vice president of electric operations, said in a statement. Conditions that led the company to shut off power included the National Weather Service's red flag fire warnings, humidity levels, sustained winds, temperature, dry fuel and local terrain, Doherty said, amid possible rolling blackouts during grid strain.

The company de-energized more than 78 miles of transmission lines and more than 2,150 miles of distribution power lines Sunday night. Many schools in the area were closed Monday because of the planned power outage, highlighting unequal access to electricity across communities.

Late Saturday and early Sunday, PG&E warned 97,000 customers in 12 counties that the shut off might go into effect. Through automated calls, texts and emails, the company encouraged customers to have drinking water, canned food, flashlights, prescriptions and baby supplies on hand.

Power was also turned off in Southern California on Monday.

San Diego Gas & Electric turned off service to about 360 customers near Cleveland National Forest, where multiple fires have scorched large swaths of land in recent years.

SDG&E has pre-emptively shut off power to customers in the past, most recently in December when 14,000 customers went without power.

Southern California Edison, the primary electric provider across Southern California — including Los Angeles — has a similar power shutoff program. As of Monday night, SCE had yet to turn off power in any of its service areas, a spokesperson told USA TODAY.

 

Related News

View more

Calgary electricity retailer urges government to scrap overhaul of power market

Alberta Capacity Market Overhaul faces scrutiny over electricity costs, reliability targets, investor certainty, and AESO design, as UCP reviews NDP reforms, renewables integration, and deregulated energy-only alternatives impacting generators, ratepayers, and future power price volatility.

 

Key Points

A shift paying generators for capacity and energy to improve reliability; critics warn of higher electricity costs.

✅ UCP reviewing NDP plan and subsidies amid market uncertainty

✅ AESO cites reliability needs as coal retires, renewables grow

✅ Critics predict overprocurement and premature launch cost spikes

 

Jason Kenney's government is facing renewed pressure to cancel a massive overhaul of Alberta's power market that one player says will needlessly spike costs by hundreds of millions of dollars, amid an electricity sector in profound change today.

Nick Clark, who owns the Calgary-based electricity retailer Spot Power, has sent the Alberta government an open letter urging it to walk away from the electricity market changes proposed by the former NDP government.

"How can you encourage new industry to open up when one of their raw material costs will increase so dramatically?" Clark said. "The capacity market will add more costs to the consumer and it will be a spiral downwards."

But NDP Leader Rachel Notley, whose government ushered in the changes, said fears over dramatic cost increases are unfounded.

"There are some players within the current electricity regime who have a vested interest in maintaining the current situation," Notley said

Kenney's UCP vowed during the recent election to review the current and proposed electricity market options, as the electricity market heads for a reshuffle, with plans to report on its findings within 90 days.

The party also promised to scrap subsidies for renewable power, while ensuring "a market-based electricity system" that emphasizes competition in Alberta's electricity market for consumers.

The New Democrats had opted to scrap the current deregulated power market — in place since the Klein era — after phasing out coal-fired generation and ushering in new renewable power as part of changes in how Alberta produces and pays for electricity under their climate change strategy.

The Alberta Electric System Operator, which oversees the grid, says the province will need new sources of electricity to replace shuttered coal plants and backstop wind and solar generators, while meeting new consumer demand.

After consulting with power companies and investors, the AESO concluded in late 2016 the electricity market couldn't attract enough investment to build the needed power generation under the current model.

The AESO said at the time investors were concerned their revenues would be uncertain once new plants are running. It recommended what's known as a capacity market, which compensates power generators for having the ability to produce electricity, even when they're not producing it.

In other words, producers would collect revenue for selling electricity into the grid and, separately, for having the capacity to produce power as a backstop, ensuring the lights stay on. Power generators would use this second source of income to help cover plant construction costs.

Clark said the complex system introduces unnecessary costs, which he believes would hurt consumers in the end. He said what's preventing investment in the power market is uncertainty over how the market will be structured in the future.

"What investors need to see in this market is price certainty, regulatory ease, and where the money they're putting into the marketplace is not at risk," he said.

"They can risk their own money, but if in fact the government comes in and changes the policy as it was doing, then money stayed away from the province."

Notley said a capacity market would not increase power bills but would avoid big price swings, with protections like a consumer price cap on power bills also debated, while bringing greener sources of energy into Alberta's grid.

"Moving back to the [deregulated] energy-only market would make a lot of money for a few people, and put consumers, both industrial and residential, at great risk."

Clark disagrees, citing Enmax's recent submissions to the Alberta Utilities Commission, in which the utility argues the proposed design of the capacity market is flawed.

In its submissions to the commission, which is considering the future of Alberta's power market, Enmax says the proposed system would overestimate the amount of generation capacity the province will need in the future. It says the calculation could result in Alberta procuring too much capacity.

The City of Calgary-owned utility says this could drive up costs by anywhere from $147 million to $849 million a year. It says a more conservative calculation of future electricity demand could avoid the extra expense.

An analysis by a Calgary energy consulting firm suggests a different feature of the proposed power market overhaul could also lead to a massive spike in costs.

EDC Associates, hired by the Consumers' Coalition of Alberta, argues the proposal to launch the new system in November 2021 may be premature, because it could bring in additional supplies of electricity before they're needed.

The consultant's report, also filed with the Alberta Utilities Commission, estimates the early launch date could require customers to pay 40 per cent more for electricity amid rising electricity prices in the province — potentially an extra $1.4 billion — in 2021/22.

"The target implementation date is politically driven by the previous government," said Duane Reid-Carlson, president of EDC Associates.

Reid-Carlson recommends delaying the launch date by several years and making another tweak: reducing the proposed target for system reliability, which would scale back the amount of power generation needed to backstop renewable sources.

"You could get a result in the capacity market that would give a similar cost to consumers that the [deregulated] energy-only market design would have done otherwise," he said.

"You could have a better risk profile associated with the capacity market that would serve consumers better through lower cost, lower price volatility, and it would serve generators better by giving them better access to capital at lower costs."

The UCP government did not respond to a request for comment.

 

Related News

View more

Nova Scotia's last paper mill seeks new discount electricity rate

Nova Scotia Power Active Demand Control Tariff lets the utility direct Port Hawkesbury Paper load, enabling demand response, efficiency, and industrial electricity rates, while regulators assess impacts on ratepayers, grid reliability, mill viability, and savings.

 

Key Points

A four-year tariff letting the utility control the mill load for demand response, efficiency, and lower costs.

✅ Utility can increase or reduce daily consumption at the mill

✅ Projected savings of $10M annually for other ratepayers to 2023

✅ Regulators reviewing cost allocation, monitoring, and viability

 

Nova Scotia Power is scheduled to appear before government regulators Tuesday morning seeking approval for a unique discount rate for its largest customer.

Under the four-year plan, Nova Scotia Power would control the supply of electricity to Port Hawkesbury Paper, a move referenced in a grid operations report that urges changes, with the right to direct the company to increase or reduce daily consumption throughout the year.

The rate proposal is supported by the mill, which says it needs to lower its power bill to keep its operation viable.

The rate went into effect on Jan. 1 on a temporary basis, pending the outcome of a hearing this week before the Nova Scotia Utility and Review Board, amid broader calls for an independent body to lead electricity planning.

The mill accounts for 10 per cent of the provincial electricity load, even as a neighbouring utility pursues more Quebec power for the region, producing glossy paper used in magazines and catalogs.

Nova Scotia Power says controlling how much electricity the mill uses — and when — will allow it to operate the system much more efficiently, as it expands biomass generation initiatives, saving other customers $10 million a year until the rate expires in 2023.

Ceding control 'not an easy decision'
In its opening statement that was filed in advance, Port Hawkesbury Paper said ceding the control of its electrical supply to Nova Scotia Power was "not an easy decision" to make, but the company is confident the arrangement will work.

In September 2019, Nova Scotia Power and the mill jointly applied for an "extra large active demand control tariff," which would provide electricity to the mill for about $61 per megawatt hour, well below the full cost of generating the electricity.

The utility said "fully allocating costs" would result in "prices in excess of $80/MWh ... and [would] not [be] financially viable for the mill."

In its statement, Port Hawkesbury Paper said since the initial filing "there have been greater near term declines in market demand and pricing for PHP's product than was forecast at that time, continuing to put pressure on our business and further highlighting the need to maintain the balance provided for in the new tariff."

Consumer advocate sees 'advantage,' but will challenge
Bill Mahody represents Nova Scotia Power's 400,000 residential customers before the review board. He wants proof the mill will pay enough toward the cost of generating the electricity it uses, amid concerns over biomass use in the province today.

"We filed evidence, as have others involved in the proceeding, that would call into question whether or not the rate design is capturing all of those costs and that will be a significant issue before the board," Mahody said.

Still, he sees value in the proposal.

The proposed new rate went into effect on Jan. 1 on a temporary basis. (The Canadian Press)
"This proposed rate gives Nova Scotia Power the ability to control that sizable Port Hawkesbury Paper load to the advantage of other ratepayers, as the province pursues more wind and solar projects, because Nova Scotia Power would be reducing the costs that other ratepayers are going to face," he said.

Mahody is also calling for a mechanism to monitor whether the mill's position actually improves to the point where it could pay higher rates.

"An awful lot can change during a four-year period, with new tidal power projects underway, and I think the board ought to have the ability to check in on this and make sure that their preferential rate continues to be justified," he said.

Major employer
Port Hawkesbury Paper, owned by Stern Partners in Vancouver, has received discounted power rates since it bought the idled mill in 2012. But the "load retention tariff" as it was called, expired at the end of 2019.

Regulators have accepted Nova Scotia Power's argument that it would cost other customers more if the mill ceased to operate.

The mill said it spends between $235 million and $265 million annually, employing 330 people directly and supporting 500 other jobs indirectly.

The Nova Scotia government pledged $124 million in financial assistance as part of the reopening in 2012.

 

Related News

View more

B.C. Hydro doing good job managing billions in capital assets, says auditor

BC Hydro Asset Management Audit confirms disciplined oversight of dams, generators, power lines, substations, and transformers, with robust lifecycle planning, reliability metrics, and capital investment sustaining aging infrastructure and near full-capacity performance.

 

Key Points

Audit confirming BC Hydro's asset governance and lifecycle planning, ensuring safe, reliable grid infrastructure.

✅ $25B in assets; many facilities operating near full capacity.

✅ 80% of assets are dams, generators, lines, poles, substations, transformers.

✅ $2.5B invested in renewal, repair, and replacement in fiscal 2018.

 

A report by B.C.’s auditor-general says B.C. Hydro is doing a good job managing the province’s dams, generating stations and power lines, including storm response during severe weather events.

Carol Bellringer says in the audit that B.C. Hydro’s assets are valued at more than $25 billion and even though some generating facilities are more than 85 years old they continue to operate near full-capacity and can accommodate holiday demand peaks when needed.

The report says about 80 per cent of Hydro’s assets are dams, generators, power lines, poles, substations and transformers that are used to provide electrical service to B.C., where residential electricity use shifted during the pandemic.

The audit says Hydro invested almost $2.5 billion to renew, repair or replace the assets it manages during the last fiscal year, ending March 31, 2018, and, in a broader context, bill relief has been offered to only part of the province.

Bellringer’s audit doesn’t examine the $10.7 billion Site C dam project, which is currently under construction in northeast B.C. and not slated for completion until 2024.

She says the audit examined whether B.C. Hydro has the information, practices, processes and systems needed to support good asset management, at a time when other utilities are dealing with pandemic impacts on operations.

 

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Download the 2025 Electrical Training Catalog

Explore 50+ live, expert-led electrical training courses –

  • Interactive
  • Flexible
  • CEU-cerified