Kansas responds to Sunflower lawsuit

By Associated Press


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Attorney General Steve Six's office is asking a federal court to dismiss Sunflower Electric Power Corp.'s lawsuit against the state for denying an air quality permit it needs to build two coal-fired power plants in southwest Kansas.

Sunflower filed the lawsuit last month in U.S. District Court in Wichita, saying Health and Environment Secretary Rod Bremby's decision to deny the permit violated its right to equal protection and its right to conduct interstate commerce.

It asked U.S. District Judge Eric Melgren to set aside the denial order and issue an injunction to keep the state from considering CO2 emissions in any future proceedings on Sunflower's application. No hearing date has been set.

In its response, the attorney general's office said the federal court lacks jurisdiction in the case because there's an ongoing appeal with Office of Administrative Hearings. There's also a pending case in the Kansas Supreme Court, which has postponed any action until the OAH rules.

Sunflower's lawsuit was the latest in an ongoing battle with the state over the October 2007 decision by Bremby, who cited potential carbon dioxide emissions and global warming for denying the permit. Many scientists link man-made greenhouse gas emissions to global warming.

"Even a cursory analysis of plaintiff's requested relief indicates this case constitutes nothing more than plaintiff's most recent attempt to achieve judicial review of the secretary's denial order prior to the OAH and Kansas Supreme Court completing their ongoing proceedings and the secretary issuing a final order," Six's motion said.

The motion also said both proceedings deal with the Kansas environment and its pollution permitting process "which are important state interests that, as a matter of law, are exclusively assigned to the KDHE."

KDHE spokeswoman Maggie Thompson said the agency doesn't comment on pending litigation.

"We believe the ratepayers of central and western Kansas have not received equal treatment under the law and have been denied the opportunity to benefit from interstate commerce," Clare Gustin, Sunflower vice president, said.

Gustin said Sunflower is committed to developing the power plants at Holcomb in Finney County to bring "low cost, reliable power to central and western Kansas."

In September 2007, the attorney general's office told Bremby he had the authority to deny the permit to protect the health of people or environment, even though there's no state or federal regulations setting limits for CO2 emissions.

Environmentalists opposed the $3.6 billion plants, but there was bipartisan support because many legislators, especially those from western Kansas, viewed it as economic development.

The Legislature tried three times this year to overturn Bremby's decision and allow the Hays-based Sunflower to build the plants. Each bill was vetoed by Gov. Kathleen Sebelius and legislators didn't have the votes to override her veto.

Sebelius and Lt. Gov. Mark Parkinson, along with Bremby, were named in Sunflower's lawsuit. The state's motion asks the court to remove Sebelius and Parkinson as defendants because they don't have the authority to act on Sunflower's application.

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

The new generating capacity, totaling 1,400 megawatts, would be 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.

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GM president: Electric cars won't go mainstream until we fix these problems

Electric Vehicle Adoption Barriers include range anxiety, charging infrastructure, and cost parity; consumer demand, tax credits, lithium-ion batteries, and performance benefits are accelerating EV uptake, pushing SUVs and self-driving tech toward mainstream mobility.

 

Key Points

They are the key hurdles to mainstream EV uptake: range anxiety, sparse charging networks, and high upfront costs.

✅ Range targets of 300+ miles reduce anxiety and match ICE convenience

✅ Expanded home, work, and public charging speeds adoption

✅ Falling battery costs and incentives drive price parity

 

The automotive industry is hurtling toward a future that will change transportation the same way electricity changed how we light the world. Electric and self-driving vehicles will alter the automotive landscape forever — it's only a question of how soon, and whether the age of electric cars arrives ahead of schedule.

Like any revolution, this one will be created by market demand.
Beyond the environmental benefit, electric vehicle owners enjoy the performance, quiet operation, robust acceleration, style and interior space. And EV owners like not having to buy gasoline. We believe the majority of these customers will stay loyal to electric cars, and U.S. EV sales are soaring into 2024 as this loyalty grows.

But what about non-EV owners? Will they want to buy electric, and is it time to buy an electric car for them yet? About 25 years ago, when we first considered getting into the electric vehicle business with a small car that had about 70 miles of range, the answer was no. But today, the results are far more encouraging.

We recently held consumer clinics in Los Angeles and Chicago and presented people with six SUV choices: three gasoline and three electric. When we asked for their first choice to purchase, 40% of the Chicago respondents chose an electric SUV, and 45% in LA did the same. This is despite a several thousand-dollar premium on the price of the electric models, and despite that EV sales still lag gas cars nationally today, consumer interest was strong (but also before crucial government tax credits that we believe will continue to drive people toward electric vehicles and help fuel market demand).

They had concerns, to be sure. Most people said they want vehicles that can match gasoline-powered vehicles in range, ease of ownership and cost. The sooner we can break down these three critical barriers, the sooner electric cars will become mainstream.

Range
Range is the single biggest barrier to EV acceptance. Just as demand for gas mileage doesn't go down when there are more gas stations, demand for better range won't ease even as charging infrastructure improves. People will still want to drive as long as possible between charges.

Most consumers surveyed during our clinics said they want at least 300 miles of range. And if you look at the market today, which is driven by early adapters, electric cars have hit an inflection point in demand, and the numbers bear that out. The vast majority of electric vehicles sold — almost 90% — are six models with the highest range of 238 miles or more — three Tesla models, the Chevrolet Bolt EV, the Hyundai Kona and the Kia Niro, according to IHS Markit data.

Lithium-ion batteries, which power virtually all electric cars on the road today, are rapidly improving, increasing range with each generation. At GM, we recently announced that our 2020 Chevrolet Bolt EV will have a range of 259 miles, a 21-mile improvement over the previous model. Range will continue to improve across the industry, and range anxiety will dissipate.

Charging infrastructure
Our research also shows that, among those who have considered buying an electric vehicle, but haven't, the lack of charging stations is the number one reason why.

For EVs to gain widespread acceptance, manufacturers, charging companies, industry groups and governments at all levels must work together to make public charging available in as many locations as possible. For example, we are seeing increased partnership activity between manufacturers and charging station companies, as well as construction companies that build large infrastructure projects, as the American EV boom approaches, with the goal of adding thousands of additional public charging stations in the United States.

Private charging stations are just as important. Nearly 80% of electric vehicle owners charge their vehicles at home, and almost 15% at work, with the rest at public stations, our research shows. Therefore, continuing to make charging easy and seamless is vital. To that end, more partnerships with companies that will install the chargers in consumers' homes conveniently and affordably will be a boon for both buyers and sellers.

Cost
Another benefit to EV ownership is a lower cost of operation. Most EV owners report that their average cost of operation is about one-third of what a gasoline-powered car owner pays. But the purchase price is typically significantly higher, and that's where we should see change as each generation of battery technology improves efficiency and reduces cost.

Looking forward, we think electric vehicle propulsion systems will achieve cost parity with internal combustion engines within a decade or sooner, and will only get better after that, driving sticker prices down and widening the appeal to the average consumer. That will be driven by a number of factors, including improvements with each generation of batteries and vehicles, as well as expected increased regulatory costs on gasoline and diesel engines.

Removing these barriers will lead to what I consider the ultimate key to widespread EV adoption — the emergence of the EV as a consumer's primary vehicle — not a single-purpose or secondary vehicle. That will happen when we as an industry are able to offer the utility, cost parity and convenience of today's internal combustion-based cars and trucks.

To get the electric vehicle to first-string status, manufacturers simply must make it as good or better than the cars, trucks and crossovers most people are used to driving today. And we must deliver on our promise of making affordable, appealing EVs in the widest range of sizes and body styles possible. When we do that, electric vehicle adoption and acceptance will be widespread, and it can happen sooner than most people think.

Mark Reuss is president of GM. The opinions expressed in this commentary are his own.

 

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Enel Starts Operations of 450 MW Wind Farm in U.S

High Lonesome Wind Farm powers Texas with 500 MW of renewable energy, backed by a 12-year PPA with Danone North America and a Proxy Revenue Swap, cutting CO2 emissions as Enel's largest project to date.

 

Key Points

A 500 MW Enel wind project in Texas, supplying renewable power via PPAs and hedged by a Proxy Revenue Swap.

✅ 450 MW online; expanding to 500 MW in early 2020

✅ 12-year PPA with Danone North America for 20.6 MW

✅ PRS hedge with Allianz and Nephila stabilizes revenues

 

Enel, through its US renewable subsidiary Enel Green Power North America, Inc. (“EGPNA”), has started operations of its 450 MW High Lonesome wind farm in Upton and Crockett Counties, in Texas, the largest operational wind project in the Group’s global renewable portfolio, alongside a recent 90 MW Spanish wind build in its European pipeline. Enel also signed a 12-year, renewable energy power purchase agreement (PPA) with food and beverage company Danone North America, a Public Benefit Corporation, for physical delivery of the renewable electricity associated with 20.6 MW, leading to an additional 50 MW expansion of High Lonesome that will increase the plant’s total capacity to 500 MW. The construction of the 50 MW expansion is currently underway and operations are due to start in the first quarter of 2020.

“The start of operations of Enel’s largest wind farm in the world marks a significant achievement for our company and reinforces our global commitment to accelerated renewable energy growth,” said Antonio Cammisecra, CEO of Enel Green Power, referencing the largest wind project constructed in North America as evidence of market momentum. “This milestone is matched with a new partnership with Danone North America to support their renewable goals, a reinforcement of our continued commitment to provide customers with tailored solutions to meet their sustainability goals.”

The agreement between Enel and Danone North America will provide enough electricity to produce the equivalent of almost 800 million cups of yogurt1 and over 80 million gallons2 of milk each year and support the food and beverage company’s commitment to securing 100% of its purchased electricity from renewable sources by 2030, in a market where North Carolina’s first wind farm is now fully operational and expanding access to clean power.

Mariano Lozano, president and CEO of Danone North America, added:“This is an exciting and significant step as we continue to advance our 2030 renewable electricity goals. As a public benefit corporation committed to balancing the needs of our business with those of society and the planet, we truly believe that this agreement makes sense from both a business and sustainability point of view. We’re delighted to be working with Enel Green Power to expand their High Lonesome wind farm and grow the renewable electricity infrastructure, such as New York’s biggest offshore wind projects, here in the US.”

In addition, as more US wind projects come online, such as TransAlta’s 119 MW project, the energy produced by a 295 MW portion of the project will be hedged under a Proxy Revenue Swap (PRS) with insurer Allianz Global Corporate & Specialty, Inc.'s Alternative Risk Transfer unit (Allianz), and Nephila Climate, a provider of weather and climate risk management products. The PRS is a financial derivative agreement designed to produce stable revenues for the project regardless of power price fluctuations and weather-driven intermittency, hedging the project from this kind of risk in addition to that associated with price and volume.

Under the PRS agreement, and as other projects begin operations, like Building Energy’s latest plant, High Lonesome will receive fixed payments based on the expected value of future energy production, with adjustments paid depending on how the realized proxy revenue of the project differs from the fixed payment. The PRS for High Lonesome, which is the largest by capacity for a single plant globally and the first agreement of its kind for Enel, was executed in collaboration with REsurety, Inc.

The investment in the construction of the 500 MW plant amounts to around 720 million US dollars. The wind farm is due to generate around 1.9 TWh annually, comparable to a 280 MW Alberta wind farm’s output, while avoiding the emission of more than 1.2 million tons of CO2 per year.

 

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Class-action lawsuit: Hydro-Québec overcharged customers up to $1.2B

Hydro-QuE9bec Class-Action Lawsuit alleges overbilling and monopoly abuse, citing RE9gie de l'E9nergie rate increases, Quebec Superior Court filings, and calls for refunds on 2008-2013 electricity bills to residential and business customers.

 

Key Points

Quebec class action alleging Hydro-QuE9bec overbilled customers in 2008-2013, seeking court-ordered refunds.

✅ Filed in Quebec Superior Court; certification pending.

✅ Alleges up to $1.2B in overcharges from 2008-2013.

✅ Questions RE9gie de l'E9nergie rate approvals and data.

 

A group representing Hydro-Québec customers has filed a motion for a class-action lawsuit against the public utility, alleging it overcharged customers over a five-year period.

Freddy Molima, one of the representatives of the Coalition Peuple allumé, accuses Hydro-Québec of "abusing its monopoly."

The motion, which was filed in Quebec Superior Court, claims Hydro-Québec customers paid more than they should have for electricity between 2008 and 2013, to the tune of nearly $1.2 billion, even as Hydro-Québec later refunded $535 million to customers in a separate case. 

The coalition has so far recruited nearly 40,000 participants online as part of its plan to sue the public utility.

A lawyer representing the group said Quebec's energy board, the Régie de l'énergie, also recently approved Hydro-Québec rate increases for residential and business customers without knowing all the facts, even as Manitoba Hydro hikes face opposition in regulatory hearings.

"There's certain information provided to the Régie that isn't true," said Bryan Furlong. "Hydro-Québec has not been providing the Régie the proper numbers."

In its motion, the group asks that overcharged clients be retroactively reimbursed.

Hydro-Québec denies allegations

Hydro-Québec, for its part, denies it ever overbilled any of its clients, while other utilities such as Hydro One plan to redesign bills to improve clarity.

"All our efficiencies have been returned to the government through our profits, and to Quebecers we have billed exactly what we agreed to bill," said spokesperson Serge Abergel, adding that the utility won't seek a rate hike next year according to its current plans.

Quebec Energy Minister Pierre Moreau also came to the public utility's defence, saying it has no choice but to comply with the  energy board's regulations, while customer protections are in focus as Hydro One moves to reconnect 1,400 customers in Ontario.

The group says the public utility has overbilled clients by up to $1.2 billion. (Radio-Canada)

It would be "shocking" if customers were charged too much money, he added.

"I know for a fact that Hydro-Québec is respecting the decision of this body," he said.

While the motion has been filed, the group cannot say how much each customer would receive if the class-action lawsuit goes ahead because it all depends on how much electricity was consumed by each client over that five-year period.

The coalition plans to present its motion to a judge next February.

 

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British Columbia Accelerates Clean Energy Shift

BC Hydro Grid Modernization accelerates clean energy and electrification, upgrading transmission lines, substations, and hydro dams to deliver renewable power for EVs and heat pumps, strengthen grid reliability, and enable industrial decarbonization in British Columbia.

 

Key Points

A $36B, 10-year plan to expand and upgrade B.C.'s clean grid for electrification, reliability, and industrial growth.

✅ $36B for lines, substations, and hydro dam upgrades

✅ Enables EV charging, heat pumps, and smart demand response

✅ Prioritizes industrial electrification and Indigenous partnerships

 

In a significant move towards a clean energy transition, British Columbia has announced a substantial $36-billion investment to enlarge and upgrade its electricity grid over the next ten years. The announcement last Tuesday from BC Hydro indicates a substantial 50 percent increase from its prior capital plan. A major portion of this investment is directed towards new consumer connections and improving current infrastructure, including substations, transmission lines, and hydro dams for more efficient power generation.

The catalyst behind this major investment is the escalating demand for clean energy across residential, commercial, and industrial sectors in British Columbia. Projections show a 15 percent rise in electricity demand by 2030. According to the Canadian Climate Institute's models, achieving Canada’s climate goals will require extensive electrification across various sectors, raising questions about a net-zero grid by 2050 nationwide.

BC Hydro is planning substantial upgrades to the electrical grid to meet the needs of a growing population, decreasing industry carbon emissions, and the shift towards clean technology. This is vital, especially as the province works towards improving housing affordability and as households face escalating costs from the impacts of climate change and increasing exposure to harsh weather events. Affordable, reliable power and access to clean technologies such as electric vehicles and heat pumps are becoming increasingly important for households.

British Columbia is witnessing a significant shift from fossil fuels to clean electricity in powering homes, vehicles, and workplaces. Electric vehicle usage in B.C. has increased twentyfold in the past six years. Last year, one in every five new light-duty passenger vehicles sold in B.C. was electric – the highest rate in Canada. Additionally, over 200,000 B.C. homes are now equipped with heat pumps, indicating a growing preference for the province’s 98 percent renewable electricity.

The investment also targets reducing industrial emissions and attracting industrial investment. For instance, the demand for transmission along the North Coastline, from Prince George to Terrace, is expected to double this decade, especially from sectors like mining. Mining companies are increasingly looking for locations with access to clean power to reduce their carbon footprint.

This grid enhancement plan in B.C. is reflective of similar initiatives in provinces like Quebec and the legacy of Manitoba hydro history in building provincial systems. Hydro-Québec announced a substantial $155 to $185 billion investment in its 2035 Action Plan last year, aimed at supporting decarbonization and economic growth. By 2050, Hydro-Québec predicts a doubling of electricity demand in the province.

Both utilities’ strategies focus on constructing new facilities and enhancing existing assets, like upgrading dams and transmission lines. Hydro-Québec, for instance, includes energy efficiency goals in its plan to double customer savings and potentially save over 3,500 megawatts of power.

However, with this level of investment, provinces need to engage in dialogue about priorities and the optimal use of clean electricity resources, with concepts like macrogrids offering potential benefits. Quebec, for instance, has shifted from a first-come, first-served basis to a strategic review process for significant new industrial power requests.

B.C. is also moving towards strategic prioritization in its energy strategy, evident in its recent moratorium on new connections for virtual currency mining due to their high energy consumption.

Indigenous partnership and leadership are also key in this massive grid expansion. B.C.’s forthcoming Call for Power and Quebec’s financial partnerships with Indigenous communities indicate a commitment to collaborative approaches. British Columbia has also allocated $140 million to support Indigenous-led power projects.

Regarding the rest of Canada, electricity planning varies in provinces with deregulated markets like Ontario and Alberta. However, these provinces are adapting too, and the federal government has funded an Atlantic grid study to improve regional planning efforts. Ontario, for example, has provided clear guidance to its system operator, mirroring the ambition in B.C. and Quebec.

Utilities are rapidly working to not only expand and modernize energy grids but also to make them more resilient, affordable, and smarter, as demonstrated by recent California grid upgrades funding announcements across the sector. Hydro-Québec focuses on grid reliability and affordability, while B.C. experiments with smart-grid technologies.

Both Ontario and B.C. have programs encouraging consumers to reduce consumption in real-time, demonstrating the potential of demand-side management. A recent instance in Alberta showed how customer participation could prevent rolling blackouts by reducing demand by 150 megawatts.

This is a crucial time for all Canadian provinces to develop larger, smarter energy grids, including a coordinated western Canadian electricity grid approach for a sustainable future. Utilities are making significant strides towards this goal.
 

 

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Canadians Support Tariffs on Energy and Minerals in U.S. Trade Dispute

Canada Tariffs on U.S. Energy and Minerals signal retaliatory tariffs amid trade tensions, targeting energy exports and critical minerals, reflecting sovereignty concerns and shifting consumer behavior, reduced U.S. purchases, and demand for Canadian-made goods.

 

Key Points

They are proposed retaliatory tariffs on energy exports and critical minerals to counter U.S. trade pressures.

✅ 75% support tariffs; 70% back dollar-for-dollar retaliation

✅ Consumer shift: fewer U.S. purchases, more Canadian-made goods

✅ Concerns over sovereignty and U.S. trade tactics intensify

 

A recent survey has revealed that a significant majority of Canadians—approximately 75%—support the implementation of tariffs on energy exports and critical minerals in response to electricity exports at risk amid trade tensions with the United States. This finding underscores the nation's readiness to adopt assertive measures to protect its economic interests amid escalating trade disputes.​

Background on Trade Tensions

The trade relationship between Canada and the United States has experienced fluctuations in recent years, with both nations navigating complex issues related to tariffs and energy tariffs and trade tensions as well as trade agreements and economic policies. The introduction of tariffs has been a contentious strategy, often leading to reciprocal measures and impacting various sectors of the economy.​

Public Sentiment Towards Retaliatory Tariffs

The survey, conducted by Leger between February 14 and 17, 2025, sampled 1,500 Canadians and found that 70% favored implementing dollar-for-dollar retaliatory tariffs against the U.S. Notably, 45% of respondents were strongly in favor, while 25% were somewhat in favor. This strong support reflects widespread dissatisfaction with U.S. trade policies and growing support for Canadian energy projects among voters, alongside a collective sentiment favoring decisive action. ​

Concerns Over U.S. Economic Strategies

The survey also highlighted that 81% of Canadians are apprehensive about potential U.S. economic tactics aimed at drawing Canada into a closer political union. These concerns are fueled by statements from U.S. President Donald Trump, who has suggested annexation and employed tariffs that could spike NY energy prices to influence Canadian sovereignty. Such sentiments have heightened fears about the erosion of Canada's political autonomy under economic duress. ​

Impact on Consumer Behavior

In response to these trade tensions, including reports that Ford threatened to cut U.S. electricity exports, many Canadians have adjusted their purchasing habits. The survey indicated that 63% of respondents are buying fewer American products in stores, and 62% are reducing online purchases from U.S. retailers. Specific declines include a 52% reduction in Amazon purchases, a 50% drop in fast-food consumption from American chains, and a 43% decrease in spending at U.S.-based retail stores. Additionally, 30% of Canadians have canceled planned trips to the United States, while 68% have increased their purchases of Canadian-made products. These shifts demonstrate a tangible impact on consumer behavior driven by nationalistic sentiments and support for retaliatory measures. ​

Economic and Political Implications

The widespread support for retaliatory tariffs and the corresponding changes in consumer behavior have significant economic and political implications. Economically, while tariffs can serve as a tool for asserting national interests, they also risk triggering trade wars that can harm various sectors, including agriculture, manufacturing, and technology, with experts cautioning against cutting Quebec's energy exports in response. Politically, the situation presents a challenge for Canadian leadership to balance assertiveness in defending national interests with the necessity of maintaining a stable and mutually beneficial relationship with the U.S., Canada's largest trading partner.​

As Canada approaches its federal elections, trade policy is emerging as a pivotal issue. Voters are keenly interested in how political parties propose to navigate the complexities of international trade, particularly with the United States and how a potential U.S. administration's stance, such as Biden's approach to the energy sector could shape outcomes. The electorate's strong stance on retaliatory tariffs may influence party platforms and campaign strategies, emphasizing the need for clear and effective policies that address both the immediate concerns of trade disputes and the long-term goal of sustaining positive international relations.​

The survey results reflect a nation deeply engaged with its trade dynamics and protective of its sovereignty. While support for retaliatory tariffs is robust, it is essential for policymakers to carefully consider the broader consequences of such actions. Striking a balance between defending national interests and fostering constructive international relationships will be crucial as Canada navigates these complex trade challenges in the coming years.

 

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The Power Sector’s Most Crucial COVID-19 Mitigation Strategies

ESCC COVID-19 Resource Guide outlines control center continuity, sequestration, social distancing, remote operations, testing priorities, mutual assistance, supply chain risk, and PPE protocols to sustain grid reliability and plant operations during the COVID-19 pandemic.

 

Key Points

An industry guide to COVID-19 mitigation for the power sector covering control centers, testing, PPE, and mutual aid.

✅ Control center continuity: segregation, remote ops, reserve shifts

✅ Sequestration triggers, testing priorities, and PPE protocols

✅ Mutual assistance, supply chain risk, and workforce planning

 

The latest version of the Electricity Subsector Coordinating Council’s (ESCC’s) resource guide to assess and mitigate COVID-19 suggests the U.S. power sector continues to grapple with key concerns involving control center continuity, power plant continuity, access to restricted and quarantined areas, mutual assistance, and supply chain challenges, alongside urban demand shifts seen in Ottawa’s electricity demand during closures.

In its fifth and sixth versions of the “ESCC Resource Guide—Assessing and Mitigating the Novel Coronavirus (COVID-19),” released on April 16 and April 20, respectively, the ESCC expanded its guidance as it relates to social distancing and sequestration within tight power sector environments like control centers, crucial mitigation strategies that are designed to avoid attrition of essential workers.

The CEO-led power sector group that serves as a liaison with the federal government during emergencies introduced the guide on March 23, and it provides periodic updates  sourced from “tiger teams,” which are made up of representatives from investor-owned electric companies, public power utilities, electric cooperatives, independent power producers (IPPs), and other stakeholders. Collating regulatory updates and emerging resources, it serves as a general shareable blueprint for generators,  transmission and distribution (T&D) facilities, reliability coordinators, and balancing authorities across the nation on issues the sector is facing as the COVID-19 pandemic endures.

Controlling Spread at Control Centers
While control centers are typically well-isolated, physically secure, and may be conducive to on-site sequestration, the guide is emphatic that staff at these facilities are typically limited and they need long lead times to be trained to properly use the information technology (IT) and operational technology (OT) tools to keep control centers functioning and maintain grid visibility. Control room operators generally include: reliability engineers, dispatchers, area controllers, and their shift supervisors. Staff that directly support these function, also considered critical, consist of employees who maintain and secure the functionality of the IT and OT tools used by the control room operators.

In its latest update, the ESCC notes that many entities took “proactive steps to isolate their control center facilities from external visitors and non-essential employees early in the pandemic, leveraging the presence of back-up control centers, self-quarantining of employees, and multiple shifts to maximize social distancing.” To ensure all levels of logistical and operational challenges posed by the pandemic are addressed, it envisions several scenarios ranging from mild contagion—where a single operator is affected at one of two control center sites to the compromise of both sites.

Previous versions of the guide have set out universal mitigation strategies—such as clear symptom reporting, cleaning, and travel guidance. To ensure continuity even in the most dire of circumstances, for example, it recommends segregating shifts, and even sequestering a “complete healthy shift” as a “reserve” for times when minimum staffing levels cannot be met. It also encourages companies to develop a backup staff of retirees, supervisors, managers, and engineers that could backfill staffing needs.

Meanwhile, though social distancing has always been a universal mitigation strategy, the ESCC last week detailed what social distancing at a control room could look like. It says, for example, that entities should consider if personnel can do their jobs in spaces adjacent to the existing control room; moving workstations to allow at least six feet of space between employees; or designating workstations for individual operators. The guide also suggests remote operations outside of a single control room as an option, and some markets are exploring virtual power plant models in the UK to support flexibility, though it underscores that not all control center operations can be performed remotely, and remote operations increase the potential for security vulnerabilities. “The NERC [North American Electric Reliability Corp.] Reliability Standards address requirements for BES [bulk electric system] control centers and security controls for remote access of systems, applications, or data,” the resource guide notes.

Sequestration—Highly Effective but Difficult
Significantly, the new update also clarifies circumstances that could “trigger” sequestration—or keeping mission-essential workers at facilities. Sequestration, it notes, “is likely to be the most effective means of reducing risk to critical control center employees during a pandemic, but it is also the most resource- and cost-intensive option to implement.”

It is unclear exactly how many power sector workers are currently being sequestered at facilities. According to the  American Public Power Association (APPA), as of last week, the New York Power Authority was sequestering 82 power plant control room and transmission control operator, amid New York City’s shifting electric rhythms during COVID-19; the Sacramento Municipal Utility District (SMUD) in California had begun sequestering critical employees; and the Electric & Gas Utility at the City of Tallahassee had 44 workers being rotated in and out of sequestration. Another 37 workers from the New York ISO were already being sequestered or housed onsite as of April 9. PJM began sequestering a team of operators on April 11, and National Grid was sequestering 200 employees as of April 12. 

Decisions to trigger sequestration at T&D and other grid monitoring facilities are typically driven by entities’ risk assessment, ESCC noted. Considerations may involve: 

The number of people showing symptoms or testing positive as a percentage of the population in a county or municipality where the control center is sited. One organization, for example, is considering a lower threshold of 10% community infection as a trigger of “officer-level decision” to determine whether to sequester. A higher threshold of 20% “mandates a move to sequestration,” ESCC said.
The number of essential workers showing symptoms or having tested positive. “Acceptable risk should be based on the minimum staffing requirements of the control center and should include the availability of a reserve shift for critical position backfills. For example, shift supervisors are commonly certified in all positions in the control center, and the unavailability of more than one-third of a single organization’s shift supervisors could compromise operations,” it said.
The rate of infection spread across a geographic region. In the April 20 version, the guide removes specific mention that cases are doubling “every 3–5 days or more frequently in some areas.” It now says:  “Considering the rapid spread of COVID-19, special care should be taken to identify the point at which control center personnel are more likely than not to come into contact with an infected individual during their off-shift hours.”
Generator Sequestration Measures Vary
Generators, meanwhile, have taken different approaches to sequester generation operators. Some have reacted to statewide outbreaks, others to low reserves, and others still, as with one IPP, to control exposure to smaller staffs, which cannot afford attrition. The IPP, for example, decided sequestration was necessary because it “did not want to wait for confirmed cases in the workforce.” That company sequestered all its control room operators, outside operators, and instrumentation and control technicians.

The ESCC resource guide says workers are being sequestered in several ways. On-site, these could range from housing workers in two separate areas, for example, or in trailers brought in. Off-site, workers may be housed in hotel rooms, which the guide notes, “are plentiful.”

Location makes a difference, it said: “Onsite requires more logistical co-ordination for accommodations, food, room sanitization, linens, and entertainment.”  To accommodate sequestered workers, generators have to consider off-site food and laundry services (left at gates for pick-up)—and even extending Wi-Fi for personal use. Generators are learning from each other about all aspects of sequestration—including how to pay sequestered workers. It suggests sequestered workers should receive pay for all hours inside the plant, including straight time for regularly scheduled hours and time-and-a-half for all other hours. To maintain non-sequestered employees, who are following stay-at-home protocols, pay should remain regularly scheduled, it says.

Testing Remains a Formidable Hurdle
Though decisions to sequester differ among different power entities, they appear commonly complicated by one prominent issue: a dearth of testing.

At the center of a scuffle between the federal and state governments of late, the number of tests has not kept pace with the severity of the pandemic, and while President Trump has for some weeks claimed that “Testing is a local thing,” state officials, business leaders—including from the power sector—and public health experts say that it is far short of the several hundred thousands or perhaps even millions of daily tests it might take to safely restart the economy, even as calls to keep electricity options open grow among policymakers, a three-phase approach for which the Trump administration rolled out this week. While the White House said the approach is “based on the advice of public health experts, the suggestions do not indicate a specific timeframe. Some hard-hit states have committed to keeping current restrictions in place. New York on April 16 said it would maintain a shutdown order through May 15, while California published its own guidelines and states in the Northeast, Midwest, and West Coast entered regional pacts that may involve interstate coordination on COVID-19–related policy going forward.

On Sunday, responding to a call by governors across the political spectrum that insisted the federal government should step up efforts to help states obtain vital supplies for tests, Trump said the federal government will be “using” and “preparing to use” the Defense Production Act to increase swab production.

For the power entities that are part of the ESCC, widespread testing underlies many mitigation strategies. The group’s generation owners and operating companies, which include members from the full power spectrum, have said testing is central to “successful mitigation of risk to control center continuity.”

In the updated guide, the entities recommend requesting that governmental authorities—it is unclear whether the focus should be on the federal or state governments—“direct medical facilities to prioritize testing for asymptomatic generation control room operators, operator technicians, instrument and control technicians, and the operations supervisor (treat comparable to first responders) in advance of sequestered, extended-duration shifts; and obtain state regulatory approval for corporate health services organizations to administer testing for coronavirus to essential employees, if applicable.”

The second priority, as crucial, involves asking the government to direct medical facilities to prioritize testing for control room operators before they are sequestered or go into extended-duration shifts.

Generators also want local, regional, state, and federal governments to ensure operators of generating facilities are allowed to move freely if “populace-wide quarantine/curfew or other travel restrictions” are enacted. Meanwhile,  they have also asked federal agencies and state permitting agencies to allow for non-compliance operations of generating facilities in case enough workers are not available.

Lower on its list, but still “medium priority,” is that the government should obtain authority for priority supply of sanitizing supplies and personal protective equipment (PPE) for generating facilities. They are also asking states to allow power plant employees (as opposed to crucially redirected medical personnel) to administer health questionnaires and temperature checks without Americans with Disabilities Act or other legal constraints. Newly highlighted in the update, meanwhile, is an emphasis on enough fire retardant (FR) vests and hoods and PPE, including masks and face coverings, so technicians don’t have to share them.

The worst-case scenario envisioned for generators involves a 40% workforce attrition, a nine-month pandemic, and no mutual assistance. As the update suggests, along with universal mitigation strategies, some power companies are eliminating non-essential work that would require close contact, altering assignments so work tasks are done by paired teams that do not rotate, and ensuring workers wear masks. The resource guide includes case studies and lessons learned so far, and all suggest pandemic planning was crucial to response. 

Gearing Up for Mutual Assistance—Even for Generation—During COVID-19
Meanwhile, though the guide recognizes that protecting employees is a key priority for many entities, it also lauds the crucial role mutual assistance plays in the sector’s collective response to the pandemic, even as coal and nuclear plant closures test just transition planning across regions. Mutual assistance is a long-standing power sector practice in the U.S. Last week, for example, as severe weather impacted the southern and eastern portions of the U.S., causing power outages for 1.3 million customers at the peak, the sector demonstrated the “versatility of mutual assistance processes,” bringing in additional workers and equipment from nearby utilities and contractors to assist with assessment and repair. “Crews utilized PPE and social distancing per the CDC [Centers for Disease Control and Prevention] and OSHA [Occupational Safety and Health Administration] guidelines to perform their restoration duties,” the Energy Department told POWER.

But as the ESCC’s guide points out, mutual assistance has traditionally been deployed to help restore electric service to customers, typically focused on T&D infrastructure. The COVID-19 pandemic, uniquely, “has motivated generation entities to consider the use of mutual assistance for generation plant operation” it notes. As with the model it proposes to ensure continuity of control centers, mutual aid poses key challenges, such as for task variance, knowledge of operational practice, system customization, and legal indemnification.

Among guidelines ESCC proposes for generators are to use existing employee work stoppage plans as a resource in planning for the use of personnel not currently assigned to plant operation. It urges, for example, that generators keep a list of workers with skills who can be called from corporate/tech support (such as former operators or plant engineers/managers), or retirees and other individuals who could be called upon to help operate the control room first. ESCC also recommends considering the use of third-party contractor operations to supplement plant operations.

Key to these efforts is to “Create a thorough list of experience and qualifications needed to operate a particular unit. Important details include fuel type, OEM [original equipment manufacturer] technology, DCS [distributed control system] type, environmental controls, certifications, etc,” it says. “Consider proactively sharing this information internally within your company first and then with neighboring companies”—and that includes sufficient detail from manufacturers (such as Emerson Ovation, GE Mark VI, ABB, Honeywell)—“without exposing proprietary information.” One way to control this information is to develop a mutual assistance agreement with “strategic” companies within the region or system, it says.

Of specific interest is that the ESCC also recommends that generators consider “leaving units in extended or planned maintenance outage in that state as long as possible.” That’s because, “Operators at these offline sites could be considered available for a site responding to pandemic challenges,” it says.

However, these guidelines differ by resource. Nuclear generators, for example, already have robust emergency plans that include minimum staffing requirements, and owing to regulations, mutual aid is managed by each license holder, it says. However, to provide possible relief for attrition at operating nuclear plants, the Nuclear Regulatory Commission (NRC) on March 28 outlined a streamlined process that could allow nuclear operators to obtain exemptions from work hour rules, while organizations also point to IAEA low-carbon electricity lessons for future planning.

Uncertainty of Supply Chain Endurance
As the guide stresses, operational continuity during the pandemic will require that all power entities maintain supply of inputs and physical equipment. To help entities plan ahead—by determining volumes needed and geographic location of suppliers—it lists the most important materials needed for power delivery and bulk chemicals. “Clearly, the extent and duration of this emergency will influence the importance of one supply chain component compared to another,” it says.

As Massachusetts Institute of Technology supply chain expert David Simchi-Levi noted on April 13, global supply chains have been heavily taxed by the pandemic, and manufacturing activities in the European Union and North America are still going offline. China is showing signs of slow recovery. Even in the best-case scenario, however—even if North America and Europe manage to control and reduce the pandemic—the supply chain will likely experience significant logistical capacity shortages, from transportation to warehousing. Owing to variability in timing, he suggested that companies plan to reconfigure supply chains and reposition inventory in case suppliers go out of business or face quarantine, while some industry groups urge investing in hydropower as part of resilient recovery strategies.

Also in short supply, according to ESCC, is industry-critical PPE. “While our sector recognizes that the priority is to ensure that PPE is available for workers in the healthcare sector and first responders, a reliable energy supply is required for healthcare and other sectors to deliver their critical services,” its resource guide notes. “The sector is not looking for PPE for the entire workforce. Rather, we are working to prioritize supplies for mission-essential workers – a subset of highly skilled energy workers who are unable to work remotely and who are mission-essential during this extraordinary time.”

Among critical industry PPE needs are nitrile gloves, shoe covers, Tyvek suits, goggles/glasses, hand sanitizer, dust masks, N95 respirators, antibacterial soap, and trashbags. While it provides a list of non-governmental PPE vendors and suppliers, the guide also provides several “creative” solutions. These include, for example, formulations for effective hand sanitizer; 3D printer face shield files; methods for decontaminating face piece respirators and other PPE; and instructions for homemade masks with pockets for high-efficiency particulate air (HEPA) filter inserts.

 

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