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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Is a Resurgence of Nuclear Energy Possible in Germany?

Germany Nuclear Phase-Out reflects a decisive energy policy shift, retiring reactors as firms shun new builds amid high costs, radioactive waste challenges, climate goals, insurance gaps, and debate over small modular reactors and subsidies.

 

Key Points

Germany's policy to end nuclear plants and block new builds, emphasizing safety, waste, climate goals, and viability.

✅ Driven by safety risks, waste storage limits, and insurance gaps

✅ High capital costs and subsidies make new reactors uneconomic

✅ Political debate persists; SMRs raise cost and proliferation concerns

 

A year has passed since Germany deactivated its last three nuclear power plants, marking a significant shift in its energy policy.

Nuclear fission once heralded as the future of energy in Germany during the 1960s, was initially embraced with minimal concern for the potential risks of nuclear accidents. As Heinz Smital from Greenpeace recalls, the early optimism was partly driven by national interest in nuclear weapon technology rather than energy companies' initiatives.

Jochen Flasbarth, State Secretary in the Ministry of Development, reflects on that era, noting Germany's strong, almost naive, belief in technology. Germany, particularly the Ruhr region, grappled with smog-filled skies at that time due to heavy industrialization and coal-fired power plants. Nuclear energy presented a "clean" alternative at the time.

This sentiment was also prevalent in East Germany, where the first commercial nuclear power plant came online in 1961. In total, 37 nuclear reactors were activated across Germany, reflecting a widespread confidence in nuclear technology.

However, the 1970s saw a shift in attitudes. Environmental activists protested the construction of new power plants, symbolizing a generational rift. The 1979 Three Mile Island incident in the US, followed by the catastrophic Chornobyl disaster in 1986, further eroded public trust in nuclear energy.

The Chornobyl accident, in particular, significantly dampened Germany's nuclear ambitions, according to Smital. Post-Chernobyl, plans for additional nuclear power plants in Germany, once numbering 60, drastically declined.

The emergence of the Green Party in 1980, rooted in anti-nuclear sentiment, and its subsequent rise to political prominence further influenced Germany's energy policy. The Greens, joining forces with the Social Democrats in 1998, initiated a move away from nuclear energy, facing opposition from the Christian Democrats (CDU) and Christian Social Union (CSU).

However, the Fukushima disaster in 2011 prompted a policy reversal from CDU and CSU under Chancellor Angela Merkel, leading to Germany's eventual nuclear phase-out in March 2023, after briefly extending nuclear power amid the energy crisis.

Recently, the CDU and CSU have revised their stance once more, signaling a potential U-turn on the nuclear phaseout, advocating for new nuclear reactors and the reactivation of the last shut-down plants, citing climate protection and rising fossil fuel costs. CDU leader Friedrich Merz has lamented the shutdown as a "black day for Germany." However, these suggestions have garnered little enthusiasm from German energy companies.

Steffi Lemke, the Federal Environment Minister, isn't surprised by the companies' reluctance, noting their longstanding opposition to nuclear power, which she argues would do little to solve the gas issue in Germany, due to its high-risk nature and the long-term challenge of radioactive waste management.

Globally, 412 reactors are operational across 32 countries, even as Europe is losing nuclear power during an energy crunch, with the total number remaining relatively stable over the years. While countries like China, France, and the UK plan new constructions, there's a growing interest in small, modern reactors, which Smital of Greenpeace views with skepticism, noting their potential military applications.

In Germany, the unresolved issue of nuclear waste storage looms large. With temporary storage facilities near power plants proving inadequate for long-term needs, the search for permanent sites faces resistance from local communities and poses financial and logistical challenges.

Environment Minister Lemke underscores the economic impracticality of nuclear energy in Germany, citing prohibitive costs and the necessity of substantial subsidies and insurance exemptions.

As things stand, the resurgence of nuclear power in Germany appears unlikely, with economic factors playing a decisive role in its future.

 

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Seven small UK energy suppliers must pay renewables fees or risk losing licence

Ofgem Renewables Obligations drive supplier payments for renewables fees, feed-in tariffs, and renewable generation, with non-payment risking supply licences amid the price cap and volatile wholesale prices across the UK energy market.

 

Key Points

Mandatory payments by suppliers funding renewables via feed-in tariffs; non-payment can trigger supply licence revoking.

✅ Covers Renewables Obligation and Feed-in Tariff scheme compliance.

✅ Non-payment can lead to Ofgem action and licence loss.

✅ Affected by price cap and wholesale price volatility.

 

Seven small British energy suppliers owe a total of 34 million pounds ($43.74 million) in renewables fees, amid a renewables backlog that has stalled projects, and could face losing their supply licences if they cannot pay, energy regulator Ofgem reports.

Under Britain’s energy market rules, suppliers of energy must meet so-called renewables obligations and feed-in tariffs, including households' ability to sell solar power back to energy firms, which are imposed on them by the government to help fund renewable power generation.

Several small energy companies have gone bust over the past two years, a trend echoed by findings from a global utility study on renewable priorities, as they struggled to pay the renewables fees and as their profits were affected by a price cap on the most commonly used tariffs and fluctuating wholesale prices, even as a 10 GW contract brings new renewable capacity onto the UK grid.

Ofgem has called on the companies to make necessary payments by Oct. 31, as moves to offer community-generated power to all UK customers progress.

“If they do not pay Ofgem could start the process of revoking their licences to supply energy,” it said in a statement, as offshore wind power continues to scale nationwide.

The seven suppliers are, amid debates over clean energy impacts, Co-Operative Energy Limited; Flow Energy Limited; MA Energy Limited; Nabuh Energy Limited; Robin Hood Energy Limited; Symbio Energy Limited and Tonik Energy Limited. ($1 = 0.7773 pounds)

 

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Turning thermal energy into electricity

Near-Field Thermophotovoltaics captures radiated energy across a nanoscale gap, using thin-film photovoltaic cells and indium gallium arsenide to boost power density and efficiency, enabling compact Army portable power from emitters via radiative heat transfer.

 

Key Points

A nanoscale TPV method capturing near-field photons for higher power density at lower emitter temperatures.

✅ Nanoscale gap boosts radiative transfer and usable photon flux

✅ Thin-film InGaAs cells recycle sub-band-gap photons via reflector

✅ Achieved ~5 kW/m2 power density with higher efficiency

 

With the addition of sensors and enhanced communication tools, providing lightweight, portable power has become even more challenging, with concepts such as power from falling snow illustrating how diverse new energy-harvesting approaches are. Army-funded research demonstrated a new approach to turning thermal energy into electricity that could provide compact and efficient power for Soldiers on future battlefields.

Hot objects radiate light in the form of photons into their surroundings. The emitted photons can be captured by a photovoltaic cell and converted to useful electric energy. This approach to energy conversion is called far-field thermophotovoltaics, or FF-TPVs, and has been under development for many years; however, it suffers from low power density and therefore requires high operating temperatures of the emitter.

The research, conducted at the University of Michigan and published in Nature Communications, demonstrates a new approach, where the separation between the emitter and the photovoltaic cell is reduced to the nanoscale, enabling much greater power output than what is possible with FF-TPVs for the same emitter temperature.

This approach, which enables capture of energy that is otherwise trapped in the near-field of the emitter is called near-field thermophotovoltaics or NF-TPV and uses custom-built photovoltaic cells and emitter designs ideal for near-field operating conditions, alongside emerging smart solar inverters that help manage conversion and delivery.

This technique exhibited a power density almost an order of magnitude higher than that for the best-reported near-field-TPV systems, while also operating at six-times higher efficiency, paving the way for future near-field-TPV applications, including remote microgrid deployments in extreme environments, according to Dr. Edgar Meyhofer, professor of mechanical engineering, University of Michigan.

"The Army uses large amounts of power during deployments and battlefield operations and must be carried by the Soldier or a weight constrained system," said Dr. Mike Waits, U.S. Army Combat Capabilities Development Command's Army Research Laboratory. "If successful, in the future near-field-TPVs could serve as more compact and higher efficiency power sources for Soldiers as these devices can function at lower operating temperatures than conventional TPVs."

The efficiency of a TPV device is characterized by how much of the total energy transfer between the emitter and the photovoltaic cell is used to excite the electron-hole pairs in the photovoltaic cell, where insights from near-light-speed conduction research help contextualize performance limits in semiconductors. While increasing the temperature of the emitter increases the number of photons above the band-gap of the cell, the number of sub band-gap photons that can heat up the photovoltaic cell need to be minimized.

"This was achieved by fabricating thin-film TPV cells with ultra-flat surfaces, and with a metal back reflector," said Dr. Stephen Forrest, professor of electrical and computer engineering, University of Michigan. "The photons above the band-gap of the cell are efficiently absorbed in the micron-thick semiconductor, while those below the band-gap are reflected back to the silicon emitter and recycled."

The team grew thin-film indium gallium arsenide photovoltaic cells on thick semiconductor substrates, and then peeled off the very thin semiconductor active region of the cell and transferred it to a silicon substrate, informing potential interfaces with home battery systems for distributed use.

All these innovations in device design and experimental approach resulted in a novel near-field TPV system that could complement distributed resources in virtual power plants for resilient operations.

"The team has achieved a record ~5 kW/m2 power output, which is an order of magnitude larger than systems previously reported in the literature," said Dr. Pramod Reddy, professor of mechanical engineering, University of Michigan.

Researchers also performed state-of-the-art theoretical calculations to estimate the performance of the photovoltaic cell at each temperature and gap size, informing hybrid designs with backup fuel cell solutions that extend battery life, and showed good agreement between the experiments and computational predictions.

"This current demonstration meets theoretical predictions of radiative heat transfer at the nanoscale, and directly shows the potential for developing future near-field TPV devices for Army applications in power and energy, communication and sensors," said Dr. Pani Varanasi, program manager, DEVCOM ARL that funded this work.

 

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Washington Australia announces $600 electricity bill bonus for every household

WA $600 Electricity Credit supports households with power bills as a budget stimulus, delivering an automatic rebate via Synergy and Horizon, funded by the Bell Group settlement to aid COVID-19 recovery and local spending.

 

Key Points

A one-off $600 power bill credit for all Synergy and Horizon residential accounts, funded by the Bell Group settlement.

✅ Automatic, not means-tested; applied to Synergy and Horizon accounts.

✅ Can offset upcoming bills or carry forward to future statements.

✅ Funded by Bell Group payout; aims to ease cost-of-living pressures.

 

Washington Premier Mark McGowan has announced more than a million households will receive a $600 electricity credit on their electricity account before their next bill.

The $650 million measure will form part of Thursday's pre-election state budget, similar to legislation to lower electricity rates in other jurisdictions, which has been delayed since May because of the pandemic and will help deflect criticism by the opposition that Labor hasn't done enough to stimulate WA's economy.

Mr McGowan made the announcement on Sunday while visiting a family in the electorate of Bicton.

"Here in WA, our state is in the best possible position as we continue our strong recovery from COVID-19, but times are still tough for many West Australians, and there is always more work to do," he said.

"[The credit] will mean WA families have a bit of extra money available in the lead up to Christmas.

"But I have a request, if this credit means you can spend some extra money, use it to support our local WA businesses."

The electricity bill credit will be automatically applied to every Synergy or Horizon residential account from Sunday, echoing moves such as reconnections for nonpayment by Hydro One in Canada.

It can be applied to future bills and will not be means tested.

"The $600 credit is fully funded through the recent Bell Group settlement, for the losses incurred in the Bell Group collapse in the early 1990s," Mr McGowan said.

"It made sense that these funds go straight back to Western Australians."

In September, the liquidator for the Bell Group and its finance arm distributed funds to its five major creditors, including $670 million to the WA government. The payment marked the close of the 30-year battle to recover taxpayer funds squandered during the WA Inc era of state politics.

The payout is the result of litigation stemming from the 1988 partnership between then Labor government and entrepreneur Alan Bond in acquiring major interests in Robert Holmes à Court’s failing Bell Group, following the 1987 stock market crash.

WA shadow minister for cost of living, Tony Krsticevic, said the $600 credit was returning money back into West Australian's pockets from "WA Labor's darkest days".

“This is taxpayers’ money out of a levy which was brought in to pay for Labor’s scandalous WA Inc losses of $450 million in the 1980s,” he said.

“This money should be returned to West Australians.

“WA families are in desperate need of it because they are struggling under cost of living increases of $850 every year since 2017 under WA Labor, amid concerns elsewhere that an electricity recovery rate could lead to higher hydro bills.

“But they need more than just a one-off payment. These $850 cost of living increases are an on-going burden.”

Prior to the onset of the coronavirus pandemic, the opposition believed it was gaining traction by attacking the government's increases to fees and charges in its first three budgets, and by urging an electricity market overhaul to favor consumers.

Last year, Labor increased household fees and charges by $127.77, which came on top of increases over the prior two budgets, as other jurisdictions faced hydro rate increases of around 3 per cent.

According the state's annual report on its finances released in September, the $2.6 billion budget surplus forecast in the at the end of 2019 had been reduced by $920 million to $1.7 billion despite the impact of the coronavirus.

But total public sector net debt was at $35.4 billion, down from the $36.1 billion revision at the end of 2019 in the mid-year review.

 

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Ukraine has electricity reserves, no more outages planned if no new strikes

Ukraine Electricity Outages may pause as the grid stabilizes, with energy infrastructure repairs, generators, and reserves supporting supply; officials cite no rationing absent new Russian strikes, while Odesa networks recover and Ukrenergo completes restoration works.

 

Key Points

Planned power cuts in Ukraine paused as grid capacity, repairs, and reserves improve, barring new strikes.

✅ No rationing if Russia halts strikes on energy infrastructure

✅ Grid repairs and reserves meet demand for third straight week

✅ Odesa networks restored; Ukrenergo crews redeploy to repairs

 

Ukraine plans no more outages to ration electricity if there are no new strikes and has been able to amass some power reserves, the energy minister said on Saturday, as it continues to keep the lights on despite months of interruptions caused by Russian bombings.

"Electricity restrictions will not be introduced, provided there are no Russian strikes on infrastructure facilities," Energy Minister Herman Halushchenko said in remarks posted on the ministry's Telegram messaging platform.

"Outages will only be used for repairs."

After multiple battlefield setbacks and scaling down its troop operation to Ukraine's east and south, Russia in October began bombing the country's energy infrastructure, as winter loomed over the battlefront, leaving millions without power and heat for days on end.

The temperature in winter months often stays below freezing across most of Ukraine. Halushchenko said this heating season has been extremely difficult.

"But our power engineers managed to maintain the power system, and for the third week in a row, electricity generation has ensured consumption needs, we have reserves," Halushchenko said.

Ukraine, which does not produce power generators itself, has imported and received thousands of them over the past few years, with the U.S. pledging a further $10 billion on Friday to aid Kyiv's energy needs, despite ended grid restoration support reported earlier.

Separately, the chief executive of state grid operator Ukrenergo, Volodymyr Kudrytskyi, said that repair works on the damaged infrastructure in the city of Odesa suffered earlier this month, has been finished, highlighting how Ukraine has even helped Spain amid blackouts while managing its own network challenges.

"Starting this evening, there is more light in Odesa," Kudrytskyi wrote on his Facebook page. "The crews that worked on restoring networks are moving to other facilities."

A Feb. 4 fire that broke out at an overloaded power station left hundreds of thousands of residents without electricity, prompting many to adopt new energy solutions to cope with outages.

 

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Southern California Edison Faces Lawsuits Over Role in California Wildfires

SCE Wildfire Lawsuits allege utility equipment and power lines sparked deadly Los Angeles blazes; investigations, inverse condemnation, and stricter utility regulations focus on liability, vegetation management, and wildfire safety amid Santa Ana winds.

 

Key Points

Residents sue SCE, alleging power lines ignited LA wildfires; seeking compensation under inverse condemnation.

✅ Videos cited show sparking lines near alleged ignition points.

✅ SCE denies wrongdoing; probes and inspections ongoing.

✅ Inverse condemnation may apply regardless of negligence.

 

In the aftermath of devastating wildfires in Los Angeles, residents have initiated legal action, similar to other mega-fire lawsuits underway in California, against Southern California Edison (SCE), alleging that the utility's equipment was responsible for sparking one of the most destructive fires. The fires have resulted in significant loss of life and property, prompting investigations into the causes and accountability of the involved parties.

The Fires and Their Impact

In early January 2025, Los Angeles experienced severe wildfires that ravaged neighborhoods, leading to the loss of at least 29 lives and the destruction of approximately 155 square kilometers of land. Areas such as Pacific Palisades and Altadena were among the hardest hit. The fires were exacerbated by arid conditions and strong Santa Ana winds, which contributed to their rapid spread and intensity.

Allegations Against Southern California Edison

Residents have filed lawsuits against SCE, asserting that the utility's equipment, particularly power lines, ignited the fires. Some plaintiffs have presented videos they claim show sparking power lines in the vicinity of the fire's origin. These legal actions seek to hold SCE accountable for the damages incurred, including property loss, personal injury, and emotional distress.

SCE's Response and Legal Context

Southern California Edison has denied any wrongdoing, stating that it has not detected any anomalies in its equipment that could have led to the fires. The utility has pledged to cooperate fully with investigations to determine the causes of the fires. California's legal framework, particularly the doctrine of "inverse condemnation," allows property owners to seek compensation from utilities for damages caused by public services, even without proof of negligence. This legal principle has been central in previous cases involving utility companies and wildfire damages, and similar allegations have arisen in other jurisdictions, such as an alleged faulty transformer case, highlighting shared risks.

Historical Context and Precedents

This situation is not unprecedented. In 2018, Pacific Gas and Electric (PG&E) faced similar allegations when its equipment was implicated in the Camp Fire, the deadliest wildfire in California's history. PG&E's equipment was found to have ignited the fire, and the company later pleaded guilty in the Camp Fire, leading to extensive litigation and financial repercussions for the company, while its bankruptcy plan won support from wildfire victims during restructuring. The case highlighted the significant risks utilities face regarding wildfire safety and the importance of maintaining infrastructure to prevent such disasters.

Implications for California's Utility Regulations

The current lawsuits against SCE underscore the ongoing challenges California faces in balancing utility operations with wildfire prevention, as regulators face calls for action amid rising electricity bills. The state has implemented stricter regulations and oversight, and lawmakers have moved to crack down on utility spending to mitigate wildfire risks associated with utility infrastructure. Utilities are now required to invest in enhanced safety measures, including equipment inspections, vegetation management, and the implementation of advanced technologies to detect and prevent potential fire hazards. These regulatory changes aim to reduce the incidence of utility-related wildfires and protect communities from future disasters.

The legal actions against Southern California Edison reflect the complex interplay between utility operations, public safety, and environmental stewardship. As investigations continue, the outcomes of these lawsuits may influence future policies and practices concerning utility infrastructure and wildfire prevention in California. The state remains committed to enhancing safety measures to protect its residents and natural resources from the devastating effects of wildfires.

 

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