Does NB Power deal serve Canada?

By Senator Lowell Murray, Saint John Telegraph-Journal


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On October 29, a Memorandum of Understanding was signed by the Premiers of New Brunswick and Quebec for the sale of all the assets of NB Power to Hydro-Québec. The MOU is to lead to "definitive agreements" which would be the subject of legislation to be approved by the New Brunswick legislature before March 31, 2010.

The debate, which has engaged New Brunswickers to an extent seldom before seen there or anywhere, is not comparable to controversies such as the privatization of a publicly-owned utility, which in the fairly recent past has been debated and resolved one way or the other in several provinces. Nor is it an ordinary interprovincial agreement or a mere commercial transaction.

What is proposed is the acquisition, management and control by one province of a Crown corporation presently owned by another province. NB Power is to become a subsidiary of Hydro-Québec. If there are precedents for this in Canada I have not heard of any.

It is not my purpose to intrude on the debate among New Brunswickers as to where the interests of their province lie in this matter; rather I want to submit that there are aspects of this proposed transaction to which the government and Parliament of Canada cannot be indifferent. We have an interest and a responsibility.

There is the obvious interest of Atomic Energy of Canada Ltd. in the future of the Point Lepreau nuclear facility — one of the key provisions of the MOU — and of course Parliament's exclusive jurisdiction over atomic energy, which we obtained by invoking our constitutional declaratory power many years before any of us came to this place. However, there are at least three other elements of more general concern to us here.

First there is the question of interprovincial trade; second that of international trade; third, the broad constitutional issue whether New Brunswick is in effect transferring legislative jurisdiction to Quebec and whether this is an appropriate thing to do.

With regard to interprovincial trade, the governments of Newfoundland/Labrador and of Nova Scotia have already flagged potential barriers to the transmission of their electricity through New Brunswick if the MOU is implemented. At present, open access through New Brunswick is ensured by an independent operator, the New Brunswick System Operator, which has its own governing board and is outside the control of NB Power.

Under the MOU, this independent operator will disappear and its role will be assumed by a transmission subsidiary of Hydro-Québec. The future "neutral" operation of the transmission systems is, to understate the case, an open question.

On this issue, permit me to take a moment to draw to your attention the one amendment made by the authors of the 1982 Constitution to the division of powers provisions of what we used to call the BNA Act, now the Constitution Act, 1867....

The amendment of which I speak is now known as section 92A of our Constitution. It reinforced provincial jurisdiction over natural resources.... Subsection (2) of the new section 92A stipulated that a province may make laws for the export of electric energy but that such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada.

As the negotiations went on, Ontario and the federal government continued to fret about possible discrimination and so a compromise was reached that led to subsection (3) of 92A: "Nothing in subsection (2) derogates from the authority of Parliament to enact laws in relation to the matters referred to in that subsection and, where a law of Parliament and a law of a province conflict, the law of Parliament prevails to the extent of the conflict."

In other words, the "Fathers" of 1982 created a new concurrent field of jurisdiction with federal paramountcy. This is noteworthy in the context of the proposed New Brunswick-Quebec transaction: Parliament has full authority to legislate, if necessary, to remedy any abuse of power by a province.

I don't know whether section 92A is of any comfort to Newfoundland/Labrador and Nova Scotia as they contemplate the future operation of the Maritime and Québec transmission systems, or indeed to Ontario, which has been silent so far but whose officials and ministers must surely be following these matters closely.

Newfoundland/Labrador and Nova Scotia earlier this month asked New Brunswick for a commitment to negotiate an agreement with them, before the transaction with Quebec is completed, to construct a new interprovincial transmission line through New Brunswick to the border with the State of Maine and in the meantime to ensure that the independent New Brunswick System Operator will remain in charge of open access applications. So far, New Brunswick seems to have brushed off these representations, arguing that nothing will have changed under the proposed deal with Quebec and anyway that the U.S. authorities will enforce non-discriminatory access in the interests of its northeastern importers of electricity.

Nova Scotia and Newfoundland/Labrador would then be in the odd position of depending on the U.S. to protect their interests in Canadian interprovincial trade. If these interests are imperiled, it is surely the role of the federal government to protect them.

The question of international trade is intimately bound up with the interprovincial considerations I have just mentioned. Canada has a lot of generating capacity, existing and potential, and the United States is a big market. The two countries have an integrated system, the Maritimes component of which is the responsibility of the independent New Brunswick System Operator, now destined to be replaced by the Hydro-Québec subsidiary. The disappearance of the New Brunswick System Operator sends an ominous signal. I will say as objectively as I can that Nova Scotia and Newfoundland/Labrador have every reason to be concerned.

Under the MOU, Hydro-Québec will own and control all present and future interconnections with New England as well as important links with New York. It would be an understatement to say that Québec will have increased its market power very significantly.

Concerns about the use of that increased market power were expressed by New England importers of Canadian electricity as soon as the MOU was signed. While the Minister of International Trade may be reluctant to take a position on the potential consequences of a sale of NB Power to Hydro-Québec for New England and New York importers of electricity, the government of the United States will have every interest in protecting the potential access of its importers to electric power generated in Nova Scotia and Newfoundland and Labrador and to the competitive pricing regime for Quebec and New Brunswick power such access supports.

The implications of the MOU for international trade thus cannot be evaded by the federal government, and it should begin now to consider how it will act to prevent perceived abuse of this enhanced market power, or, at least, how it will respond if the U.S.A. government raises concerns about the potential for such abuse.

For example, the Minister of International Trade could simply state that the MOU, if it proceeds, must explicitly reaffirm the historic principle and practice of open access that is quantifiable and rules-based, both for international and inter-provincial electric power exports. A policy of continued silence would be an implicit delegation of the federal government's jurisdiction in this area of interprovincial and international trade to the U.S.A. Federal Energy Regulatory Commission and the government of Quebec.

With regard to New Brunswick's legislative authority, I acknowledge article 7.5 of the MOU. This article is headed "Sovereignty Unaffected" and reads as follows: "Nothing in this MOU or in the proposed transactions is intended to limit the exercise by each of New Brunswick and Quebec of its sovereignty or constrain its ability to establish or modify independent energy and industrial policies and regulations, provided that each of the parties will comply with those commitments specifically agreed as part of this MOU and the definitive agreements".

One of those commitments in the MOU is that "the regulatory framework governing the generation, transmission and distribution of electricity in New Brunswick will be altered to conform to the framework currently in effect in Quebec." Under an act of the New Brunswick legislature, regulation of NB Power is delegated to an independent crown agency, the New Brunswick Energy and Utilities Board, known as the EUB. When, under the MOU, the regulatory framework in New Brunswick is made to conform to that of Quebec, what discretion or authority in this field will remain to the EUB, or even to the government and legislature of New Brunswick?

What the MOU seems to be saying is that New Brunswick's sovereignty will be intact, except that it is eliminated when it comes to the ability to regulate the generation, transmission and distribution of electricity. Further, it would seem that Hydro-Québec, once it takes control, can do whatever it wants to do with those assets in the future. It appears that New Brunswick has indentured itself indefinitely to Hydro-Québec.

The government may and probably does prefer to be silent on these issues, regarding them as hypothetical, at least until the MOU is given concrete form in an agreement and legislation. But such a course would be simply an evasion of responsibility and an untenable evasion at that. As I have attempted to demonstrate, one or more of the following events is highly likely to demand some response from the federal government if the MOU proceeds to the stage of definitive agreements: a demand for intervention from frustrated neighbouring provinces, action by the United States government or a court challenge to one or more issues raised by the MOU and subsequent definitive agreements.

If such a fait accompli or something like it is lobbed into the lap of an unprepared federal government, possibly at a very politically inconvenient time, ministers and their advisors may wish they had thought through and staked out a responsible federal government position much earlier in the process.

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Sask. Party pledges 10% rebate on SaskPower electricity bills

SaskPower 10% Electricity Rebate promises one-year bill relief for households, farms, businesses, hospitals, schools, and universities in Saskatchewan, boosting affordability amid COVID-19, offsetting rate hikes, and countering carbon tax impacts under Scott Moe's plan.

 

Key Points

One-year 10% SaskPower rebate lowering bills for residents, farms, and institutions, funded by general revenue.

✅ Applies automatically to all customers for 12 months from Dec 2020.

✅ Average savings: $215 residential; $845 farm; broad sector coverage.

✅ Cost $261.6M, paid from the general revenue fund; separate from carbon tax.

 

Saskatchewan Party leader Scott Moe says SaskPower customers can expect a one-year, 10 per cent rebate on electricity if they are elected government.

Moe said the pledge aims to make life more affordable for people, including through lower electricity rates initiatives seen in other provinces. The rate would apply to everyone, including residential customers, farmers, businesses, hospitals, schools and universities.

The plan, which would cost government $261.6 million, expects to save the average residential customer $215 over the course of the year and the average farm customer $845.  

“This is a very equitable way to ensure that we are not only providing that opportunity for those dollars to go back into our economy and foster the economic recovery that we are working towards here, in Saskatchewan, across Canada and around the globe, but it also speaks to the affordability for our Saskatchewan families, reducing the dollars a day off to pay for their for their power bill,” Moe said.

The rebate would be applied automatically to all SaskPower bills for 12 months, starting in December 2020. 

Moe said residential customers who are net metering and generating their own power, such as solar power, would receive a $215 rebate over the 12-month period, which is the equivalent of the average residential rebate.

The $261.6 million in costs would be covered by the government’s general revenue fund.   

The Saskatchewan NDP said the proposed reduction is "a big change in direction from the Sask. Party’s long history of making life more expensive for Saskatchewan families." and recently took aim at a SaskPower rate hike approval as part of that critique.

Trent Wotherspoon, NDP candidate for Regina Rosemont and former finance critic, called the pledge criticized the one year time frame and said Saskatchewan people need long term, reliable affordability, noting that the Ontario-Quebec hydro deal has not reduced hydro bills for consumers. Something, he said, is reflected in the NDP plan.

“We've already brought about announcements that bring about affordability, such as the break on SGI auto insurance that'll happen, year after year after year, affordable childcare which has been already announced and committed to things like a decent minimum wage instead of having the lowest minimum wage in Canada,” Wotherspoon said.

The NDP pointed out SaskPower bills have increased by 57 per cent since 2007 for families with an average household income of $75,000, while Nova Scotia's 14% rate hike was recently approved by its regulator.

It said the average bill for such household was $901 in 2007-08 and is now $1,418 in 2019-20, while in neighbouring provinces Manitoba rate increases of 2.5 per cent annually have also been proposed for three years.

"This is on top of the PST increases that the Sask. Party put on everyday families – costing them more than $700 a year," the NDP said.

Moe took aim at the federal Liberal government’s carbon tax, citing concerns that electricity prices could soar under national policies.

He said if the Saskatchewan government wins its court fight against Ottawa, all SaskPower customers can expect to save an additional $150 million per year, and he questioned the federal 2035 net-zero electricity grid target in that context.

“As it stands right now, the Trudeau government plans to raise the carbon tax from $30 to $40 a tonne on Jan. 1,” Moe said. “Trudeau plans to raise taxes and your SaskPower bill, in the middle of a pandemic.  The Saskatchewan Party will give you a break by cutting your power bill.”

 

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Prime minister, B.C. premier announce $1B B.C. battery plant

Maple Ridge Lithium-Ion Battery Plant will be a $1B E-One Moli clean-tech facility in Canada, manufacturing high-performance cells for tools and devices, with federal and provincial funding, creating 450 jobs and boosting battery supply chains.

 

Key Points

A $1B E-One Moli facility in B.C. producing lithium-ion cells, backed by federal and provincial funding.

✅ $204.5M federal and up to $80M B.C. support committed

✅ E-One Moli to create 450 skilled jobs in Maple Ridge

✅ High-performance cells for tools, medical devices, and equipment

 

A lithium-ion battery cell production plant costing more than $1 billion will be built in Maple Ridge, B.C., Prime Minister Justin Trudeau and Premier David Eby jointly announced on Tuesday.

Trudeau and Eby say the new E-One Moli facility will bolster Canada's role as a global leader in clean technology, as recent investments in Quebec's EV battery assembly illustrate today.

It will be the largest factory in Canada to manufacture such high-performance batteries, Trudeau said during the announcement, amid other developments such as a new plant in the Niagara Region supporting EV growth.

The B.C. government will contribute up to $80 million, while the federal government plans to contribute up to $204.5 million to the project. E-One Moli and private sources will supply the rest of the funding. 

Trudeau said B.C. has long been known for its innovation in the clean-technology sector, and securing the clean battery manufacturing project, alongside Northvolt's project near Montreal, will build on that expertise.

"The world is looking to Canada. When we support projects like E-One Moli's new facility in Maple Ridge, we bolster Canada's role as a global clean-tech leader, create good jobs and help keep our air clean," he said.

"This is the future we are building together, every single day. Climate policy is economic policy."

Nelson Chang, chairman of E-One Moli Energy, said the company has always been committed to innovation and creativity as creator of the world's first commercialized lithium-metal battery.

E-One Moli has been operating a plant in Maple Ridge since 1990. Its parent company, Taiwan Cement Corp., is based in Taiwan.

"We believe that human freedom is a chance for us to do good for others and appreciate life's fleeing nature, to leave a positive impact on the world," Chang said.

"We believe that [carbon dioxide] reduction is absolutely the key to success for all future businesses," he said.

The new plant will produce high-performance lithium-cell batteries found in numerous products, including vacuums, medical devices, and power and gardening tools, aligning with B.C.'s grid development and job plans already underway, and is expected to create 450 jobs, making E-One Moli the largest private-sector employer in Maple Ridge.

Eby said every industry needs to find ways to reduce their carbon footprint to ensure they have a prosperous future and every province should do the same, with resource plays like Alberta's lithium supporting the EV supply chain today.

It's the responsible thing to do given the record wildfires, extreme heat, and atmospheric rivers that caused catastrophic flooding in B.C., he said, with large-scale battery storage in southwestern Ontario helping grid reliability.

"We know that this is what we have to do. The people who suggest that we have to accept that as the future and stop taking action are simply wrong."

Trudeau, Eby and Chang toured the existing plant in Maple Ridge, east of Vancouver, before making the announcement.

The prime minister wove his way around several machines and apologized to technicians about the commotion his visit was creating.

The Canadian Taxpayers Federation criticized the federal and B.C. governments for the announcement, saying in a statement the multimillion-dollar handout to the battery firm will cost taxpayers hundreds of thousands of dollars for each job.

Federation director Franco Terrazzano said the Trudeau government has recently given "buckets of cash" to corporations such as Volkswagen, Stellantis, the Ford Motor Company and Northvolt.

"Instead of raising taxes on ordinary Canadians and handing out corporate welfare, governments should be cutting red tape and taxes to grow the economy," said Terrazzano. 

Construction is expected to start next June, as EV assembly deals put Canada in the race, and the company plans for the facility to be fully operational in 2028.

 

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Ottawa making electricity more expensive for Albertans

Alberta Electricity Price Surge reflects soaring wholesale rates, natural gas spikes, carbon tax pressures, and grid decarbonization challenges amid cold-weather demand, constrained supply, and Europe-style energy crisis impacts across the province.

 

Key Points

An exceptional jump in Alberta's power costs driven by gas price spikes, high demand, policy costs, and tight supply.

✅ Wholesale prices averaged $123/MWh in December

✅ Gas costs surged; supply constraints and outages

✅ Carbon tax and decarbonization policies raised costs

 

Albertans just endured the highest electricity prices in 21 years. Wholesale prices averaged $123 per megawatt-hour in December, more than triple the level from the previous year and highest for December since 2000.

The situation in Alberta mirrors the energy crisis striking Europe where electricity prices are also surging, largely due to a shocking five-fold increase in natural gas prices in 2021 compared to the prior year.

The situation should give pause to Albertans when they consider aggressive plans to “decarbonize” the electric grid, including proposals for a fully renewable grid by 2030 from some policymakers.

The explanation for skyrocketing energy prices is simple: increased demand (because of Calgary's frigid February demand and a slowly-reviving post-pandemic economy) coupled with constrained supply.

In the nitty gritty details, there are always particular transitory causes, such as disputes with Russian gas companies (in the case of Europe) or plant outages (in the case of Alberta).

But beyond these fleeting factors, there are more permanent systemic constraints on natural gas (and even more so, coal-fired) power plants.

I refer of course to the climate change policies of the Trudeau government at the federal level and some of the more aggressive provincial governments, which have notable implications for electricity grids across Canada.

The most obvious example is the carbon tax, the repeal of which Premier Jason Kenney made a staple of his government.

Putting aside the constitutional issues (on which the Supreme Court ruled in March of last year that the federal government could impose a carbon tax on Alberta), the obvious economic impact will be to make carbon-sourced electricity more expensive.

This isn’t a bug or undesired side-effect, it’s the explicit purpose of a carbon tax.

Right now, the federal carbon tax is $40 per tonne, is scheduled to increase to $50 in April, and will ultimately max out at a whopping $170 per tonne in 2030.

Again, the conscious rationale of the tax, aligned with goals for cleaning up Canada's electricity, is to make coal, oil and natural gas more expensive to induce consumers and businesses to use alternative energy sources.

As Albertans experience sticker shock this winter, they should ask themselves — do we want the government intentionally making electricity and heating oil more expensive?

Of course, the proponent of a carbon tax (and other measures designed to shift Canadians away from carbon-based fuels) would respond that it’s a necessary measure in the fight against climate change, and that Canada will need more electricity to hit net-zero according to the IEA.

Yet the reality is that Canada is a bit player on the world stage when it comes to carbon dioxide, responsible for only 1.5% of global emissions (as of 2018).

As reported at this “climate tracker” website, if we look at the actual policies put in place by governments around the world, they’re collectively on track for the Earth to warm 2.7 degrees Celsius by 2100, far above the official target codified in the Paris Agreement.

Canadians can’t do much to alter the global temperature, but federal and provincial governments can make energy more expensive if policymakers so choose, and large-scale electrification could be costly—the Canadian Gas Association warns of $1.4 trillion— if pursued rapidly.

As renewable technologies become more reliable and affordable, business and consumers will naturally adopt them; it didn’t take a “manure tax” to force people to use cars rather than horses.

As official policy continues to make electricity more expensive, Albertans should ask if this approach is really worth it, or whether options like bridging the Alberta-B.C. electricity gap could better balance costs.

Robert P. Murphy is a senior fellow at the Fraser Institute.

 

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After Quakes, Puerto Rico's Electricity Is Back On For Most, But Uncertainty Remains

Puerto Rico Earthquakes continue as a seismic swarm with aftershocks, landslides near Pef1uelas, damage in Ponce and Guayanilla, grid outages from Costa Sur Plant, PREPA recovery, vulnerable buildings post-Hurricane Maria raising safety concerns.

 

Key Points

Recurring seismic events impacting Puerto Rico, causing damage, aftershocks, outages, and displacement.

✅ Seismic swarm with 6.4 and 5.9 magnitude quakes and ongoing aftershocks

✅ Costa Sur Plant offline; PREPA urges conservation amid grid repairs

✅ Older, code-deficient buildings and landslides raise safety risks

 

Some in Puerto Rico are beginning to fear the ground will never stop shaking. The island has been pummeled by hundreds of earthquakes in recent weeks, including the recent 5.9 magnitude temblor, where there were reports of landslides in the town of Peñuelas along the southern coast, rattling residents already on edge from the massive 6.4 magnitude quake, and raising wider concerns about climate risks to the grid in disaster-prone regions.

That was the largest to strike the island in more than a century causing hundreds of structures to crumble, forcing thousands from their homes and leaving millions without power, a scenario echoed by Texas power outages during winter storms too. One person was killed and several others injured.

Utility says 99% of customers have electricity

Puerto Rico's public utility, PREPA, tweeted some welcome news Monday: that nearly all of the homes and businesses it serves have had electric power restored. Still it is urging customers to conserve energy amid utility supply-chain shortages that can slow critical repairs.

Reporting from the port city of Ponce, NPR's Adrian Florido said the Costa Sur Plant, which produces more than 40% of Puerto Rico's electricity, was badly damaged in last week's quake. It remains offline indefinitely, even as grid operators elsewhere have faced California blackout warnings during extreme heat.

He also reports many residents are still reeling from the devastation caused by Hurricane Maria, a deadly Category 4 storm that battered the island in September 2017. The storm exposed the fact that buildings across the island were not up to code, similar to how aging systems have contributed to PG&E power line fires in California. The series of earthquakes are only amplifying fears that structures have been further weakened.

"People aren't coping terribly well," Florido said on NPR's Morning Edition Monday, noting that households elsewhere have endured pandemic power shutoffs and burdensome bills.

Many earthquake victims sleeping outdoors

Florido spoke to one displaced resident, Leticia Espada, who said more than 50 homes in her town of Guayanilla, about an hour drive east of the port city of Ponce, had collapsed.

After sleeping outside for days on her patio following Tuesday's quake, she eventually came to her town's baseball stadium where she's been sleeping on one of hundreds of government-issued cots.

She's like so many others sleeping in open-air shelters, many unwilling to go back to their homes until they've been deemed safe, while even far from disaster zones, brief events like a Northeast D.C. outage show how fragile service can be.

"Thousands of people across several towns sleeping in tents or under tarps, or out in the open, protected by nothing but the shade of a tree with no sense of when these quakes are going to stop," Florido reports.

 

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China's electric power woes cast clouds on U.S. solar's near-term future

China Power Rationing disrupts the solar supply chain as coal shortages, price controls, and dual-control emissions policy curb electricity, squeezing polysilicon, aluminum, and module production and raising equipment costs amid surging post-Covid industrial demand.

 

Key Points

China's electricity curbs from coal shortages, price caps, and emissions targets disrupt solar output and materials.

✅ Polysilicon and aluminum output cut by power rationing

✅ Coal price spikes and power price caps squeeze generators

✅ Dual-control emissions policy triggers provincial curbs

 

The solar manufacturing supply chain is among the industries being affected by a combination of soaring power demand, coal shortages, and carbon emission reduction measures which have seen widespread power cuts in China.

In Yunnan province, in southwest China, producers of the silicon metal which feeds polysilicon have been operating at 10% of the output they achieved in August. They are expected to continue to do so for the rest of the year as provincial authorities try to control electricity demand with a measure that is also affecting the phosphorus industry.

Fellow solar supply chain members from the aluminum industry in Guangxi province, in the south, have been forced to operate just two days per week, alongside peers in the concrete, steel, lime, and ceramics segments. Manufacturers in neighboring Guangdong have access to normal power supplies only on Fridays and Saturdays with electricity rationed to a 15% grid security load for the rest of the time.

pv magazine USA reported that a Tier 1 solar module manufacturer warned customers in an email that energy shortages in China have forced it to reduce or stop production at its Chinese manufacturing sites. The company warned the event will also affect output from its downstream cell and module production facilities in Southeast Asia.

The memo said that in order to recover from the effects of the “potential Force Majeure event,” it may delay or stop equipment delivery or seek to renegotiate contracts to pass through higher prices.

Raw material sourcing
With reports of drastic power shortages emerging from China in recent days, the country has actually been experiencing problems since late June, and similar pressures have seen India ration coal supplies this year, but rationing is not unusual during the peak summer hours.

What has changed this time is that the outages have continued and prompted rationing measures across 19 of the nation’s provinces for the rest of the year. The problems have been caused by a combination of rising post-Covid electricity demand at a time when the politically-motivated ban on imports of Australian coal has tightened supply; and the manner in which Beijing controls power prices, with the situation further exacerbated by carbon emissions reduction policy.

Demand
Electricity demand from industry, underscoring China’s electricity appetite, was 13.5 percentage points higher in the first eight months of the year than in the same period of 2020, at 3,585 TWh. That reflected a 13.8% year-on-year rise in total consumption, following earlier power demand drops when coronavirus shuttered plants, to 5.47 PWh, according to data from state energy industry trade body the China Electricity Council.

Figures produced by the China General Administration of Customs tell the same story: a rebound driven by the global recovery from the pandemic, as global power demand surges above pre-pandemic levels, with China recording import and export trade worth RMB2.48 trillion ($385 billion) in January-to-August. That was up 23.7% on the same period of last year and 22.8% higher than in the first eight months of 2019.

With Beijing having enforced an unofficial ban on imports of Australian coal for the last year or so – as the result of an ongoing diplomatic spat with Australia – rising demand for coal (which provided around 73% of Chinese electricity in the first half of the year) has further raised prices for the fossil fuel.

The problem for Chinese coal-fired power generators is that Beijing maintains strict controls on the price of electricity. As a result, input costs cannot be passed on to consumers. The mismatch between a liberalized coal market and centrally controlled end-user prices is illustrated by the current situation in Guangdong. There, a coal price of RMB1,560 per ton ($242) has pushed the cost of coal-fired electricity up to RMB0.472 per kilowatt-hour ($0.073). With coal power companies facing an electricity price ceiling of around RMB0.463/kWh ($0.071), generators are losing around RMB0.12 for every kilowatt-hour they generate. In that situation, rationing electricity supplies is an obvious remedy.

The crisis has been worsened by the introduction of China’s “dual control” energy policy, which aims to help meet President Xi Jinping’s climate change pledge of hitting peak carbon emissions this decade and a net zero economy by 2060, and to reduce coal power production over time. Dual control refers to attempts to wind down greenhouse gas emissions at both a national level and in more local areas, such as provinces and cities.

Red status
With the finer details of the carbon reduction policy yet to be ironed out, government departments and provincial and city authorities have started to set their own emission-reduction targets. In mid-August, state planning body the China National Development and Reform Commission (NDRC) published a table of the energy control situation across the nation. With nine provinces marked red for their energy consumption, and a further 10 highlighted as yellow, officials received another motivation to introduce power rationing.

China’s solar industry is being impacted by coal shortages for electric power generation. In this 2014 photo, a thermal generating plant’s cooling towers loom over a street in Henan Province.
Image: flickr/V.T. Polywoda

The current approach of rolling blackouts seems unlikely to be a sustainable solution, as surging electricity demand strains power systems worldwide, given the damage it could inflict on industry and the resentment it would cause in parts of the nation already preparing for winter.

The choice facing China’s policymakers is whether to ramp up coal supplies to force prices down by using decommissioned domestic supplies and halting the ban on Australian imports, or to raise electricity prices to prompt generators to get the lights back on. While the drawbacks of raising household electricity bills seem obvious, the first approach of using more coal could endanger the nation’s climate change commitments on the even of the COP26 meeting in Glasgow, Scotland, in November. Sources close to the NDRC have suggested the electricity price may be set to rise soon.

GDP
What is clear is the effect the energy crisis is having on the Chinese economy and on the solar supply chain. Leading up to a  national day holiday in China, the coal price in northern China rose to around RMB2,000 per ton ($310), three times higher than at the beginning of the year.

Investment bank China International Capital Corp. blamed the dual control emission reduction policy for the electricity shortages. It predicted a 0.1-0.15 percentage point impact on economic growth in the last quarter of 2021.  Morgan Stanley has put that figure at 1% in the current quarter, if industrial output restrictions continue. And Japan’s Nomura Securities revised down its annual forecast on Chinese growth from 8.2% to 7.7%. It now expects GDP gains in the third and fourth quarters to cool from 5.1% to 4.7%, and from 4.4% to 3%, respectively.

 

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Maryland’s renewable energy facilities break pollution rules, say groups calling for enforcement

Maryland Renewable Energy Violations highlight RPS compliance gaps as facilities selling renewable energy certificates, including waste-to-energy, biomass, and paper mills, face emissions and permit issues, prompting PSC and Attorney General scrutiny of environmental standards.

 

Key Points

Alleged RPS noncompliance by REC-eligible plants, prompting PSC review and potential decertification under Maryland law.

✅ Complaint targets waste-to-energy, biomass plants, and paper mills

✅ Facilities risk loss of REC certification for environmental violations

✅ PSC may investigate nonreporting; AG reviewing evidence

 

Many facilities that supply Maryland with renewable energy have exceeded pollution limits or otherwise broken environmental rules, violating a state law, according to a complaint sent by environmental groups to state energy and law enforcement officials.

Maryland law says that any company that contributes to a state renewable energy goal — half the state’s energy portfolio must come from renewable sources by 2030 — must “substantially comply” with rules on air and water quality and waste management. The complaint says more than two dozen power generators, including paper mills and trash incinerators, have records of formal or informal enforcement actions by environmental authorities.

For years, environmental groups have criticized Maryland policy that counts power plants that produce planet-warming carbon dioxide and health-threatening pollution as “renewable” energy generation, and similar tensions have emerged in California’s reliance on fossil fuels despite ambitious targets, but lawmakers concerned about protecting industrial jobs have resisted reforms. The renewable label qualifies the companies for subsidies drawn from energy bills across the state.

In a complaint filed this week, the groups asked the attorney general and Public Service Commission to step in.

“We’re subsidizing companies to produce dirty energy, but we’re also using ratepayer money to support companies that in many instances are paying environmental fines or just flouting the law,” said Timothy Whitehouse, executive director of Public Employees for Environmental Responsibility. “There’s no one to hold them to account in Maryland.”

A spokeswoman for Attorney General Brian Frosh said his office would review the complaint, which was signed by Whitehouse and Mike Ewall, executive director of the Energy Justice Network.

Public Service Commission officials said the facilities must notify them if found out of compliance with environmental rules, while at the federal level FERC action on aggregated DERs is shaping market participation, and the commission can then revoke certification under the state renewable energy program. In a statement, commission officials said they would launch an investigation if any facility had failed to notify them of any environmental violations, and encouraged anyone with evidence of such a transgression to file a complaint.

Companies named in the document accused the groups of painting an inaccurate picture.

“This complaint is based on misleading arguments designed to halt waste-to-energy practices that have clear environmental benefits recognized by the global scientific community,” said Jim Connolly, vice president of environment, health and safety for Wheelabrator, which owns a Baltimore trash incinerator.

Maryland launched its renewable energy program in 2004, diversifying the state’s energy portfolio with more environmentally friendly sources of power, even as regional debates over a Maine-Québec transmission line highlight cross-border impacts. Under the program, separate from the electricity they generate and sell to the grid, renewable power facilities can sell what are known as renewable energy certificates. Utilities such as Baltimore Gas and Electric Co. are required to buy a growing number of the certificates each year, essentially subsidizing the renewable energy facilities with money from ratepayer bills.

A dozen types of power generation qualify to sell the certificates: Solar, wind, geothermal and hydroelectric plants, as well as “biomass” facilities that burn wood and other organic matter, waste-to-energy plants that burn household trash and paper mills that burn a byproduct known as black liquor.

The complaint focuses on waste incinerators, biomass plants and paper mills, all of which environmental groups have cast as counter to the renewable energy program’s environmental goals, even as ACORE criticized a coal and nuclear subsidy proposal in federal proceedings.

“By subsidizing these corporations, Maryland is diverting the hard-earned income of Maryland ratepayers to wealthy corporations with poor environmental compliance records and undermining the state’s transition to clean renewable energy,” Whitehouse and Ewall wrote.

For example, they note that the Wheelabrator plant in Southwest Baltimore has been fined for exceeding mercury limits in the past. That occurred in 2011, when the plant settled with state regulators for violations in 2010 and 2009.

Connolly said there is “no question” the facility complies with Maryland’s renewable energy law.

Incinerators in Montgomery County and in Fairfax County, Virginia, that are owned by Covanta and sell the energy certificates in Maryland have been cited for accidental fires inside both facilities. The Maryland incinerator violated emissions rules in 2014, the same year that New Jersey forbade the Virginia facility from selling energy certificates into that state’s renewable energy program over concerns it wasn’t following ash testing regulations.

James Regan, a spokesman for Covanta, said both facilities “have excellent compliance records and they operate well below their permitted limits.” He said the Virginia facility is complying with ash testing requirements, and that both facilities emit far lower levels of pollutants such as particulate matter than vehicles do.

“It’s clear to us there’s a lot of misleading and wrong information in this document," Regan said.

The Environmental Protection Agency endorsed waste-to-energy facilities under former President Barack Obama because, while burning household trash emits carbon dioxide, scientists said that still had a smaller impact on global warming than sending trash to landfills, even as industry groups have backed the EPA in a legal challenge to the ACE rule as regulatory approaches shifted.

Environmentalists and community groups say the facilities still are harmful because they emit high levels of pollutants such as mercury, nitrogen oxides and lead. The concerns prompted Baltimore City Council to pass an ordinance in February that tightened emissions limits on the Wheelabrator facility, even as the new EPA pollution limits for coal and gas plants are being proposed, so dramatically that the company said it would no longer be able to operate once the rules go into effect in 2022.

The complaint does not mention the century-old Luke paper mill in Western Maryland that long faced criticism for its participation in the renewable energy program, but which owner Verso Co. closed this year.

It does say several of paper company WestRock’s mills in North Carolina and Virginia have faced both formal and informal EPA enforcement actions for violation of the Clean Water Act, including evolving EPA wastewater limits for power plants and other facilities, and the Clean Air Act. A WestRock spokesperson could not be reached for comment.

The complaint also says a large biomass facility in South Boston, Virginia, owned by the Northern Virginia Electric Cooperative has a record of noncompliance with the Clean Air Act over three years.

John Rainey, the plant’s operations director, said it “experienced some small exceedances to its permit limits,” but that it addressed the issues with Virginia environmental officials and has installed new technology.

All those plants have sold credits in Maryland.

Whitehouse said the environmental groups’ goal is to clean up Maryland’s renewable energy program. They did not file a lawsuit because he said there was no clear cause of action to take the state to court, but said he hopes the complaint nonetheless spurs action.

“It’s not acceptable in a clean energy program that we’re subsidizing some of the most dirty sources of energy,” he said. “Those sources aren’t even in compliance with the law, and no one seems to care.”

 

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