Ontario advertises green credentials to investors

By Toronto Star


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Climate talks in Copenhagen have cast a bright light on the importance of green technologies and their role in reducing greenhouse-gas emissions.

It's a theme the Ontario government is running with as part of a $1 million advertising campaign designed to lure U.S. investors to Canada's most populous province.

Print ads, published in high-profile publications such as Business Week, The Wall Street Journal, The New York Times and Washington Post during and in the weeks leading up to the Copenhagen conference, are emphasizing Ontario's research and development tax credits, the province's educated and diverse workforce – and billions of dollars that have been invested in nurturing a green economy.

"Transforming green ideas into green business: that's why over 2,600 environment-focused firms already operate here – and another reason why the world works here," according to one ad that ran in The Wall Street Journal. The ad shows a small map of North and South America with Ontario's location highlighted – just in case people aren't sure where it is.

Chris Morley, a spokesman for Premier Dalton McGuinty, said the advertisements have also run in Germany, France, Japan and the United Kingdom. TV ads in major U.S. markets are also running through November and December. The message, which is also being spread through online banners, is geared at "senior foreign investment officials."

The campaign is expected to run until early spring.

"This is part of our plan to raise Ontario's profile as the leading jurisdiction in North America on green energy and clean tech," said Morley.

"The premier's clean tech trade missions to India and China are also part of that effort."

Skyrocketing energy demand over the next few decades, the push to reduce greenhouse-gas emissions and energy security issues such as "peak oil" are combining to create massive opportunities for companies developing green energy and clean technologies.

In China alone, policies designed to mitigate climate change and other forms of pollution are expected to result in a $1 trillion annual market for clean technologies by 2013.

The growth potential is huge, given that in the past four quarters worldwide clean technology investments totaled less than $95 billion (US), according to UK-based research firm New Energy Finance, which was acquired by Bloomberg LP in recognition of the "fundamental re-engineering" taking place in the world's energy industry.

"If you believe there will be a meaningful deal out of Copenhagen, it means over the next 30 years we're heading into the biggest industrial reformation we've ever seen in modern times," said Nicholas Parker, co-founder and executive chairman of Cleantech Group, the industry's lead investment research firm.

"What I see that's material to Ontario is that this it the official starting gun for the biggest economic opportunity of our generation."

Canada is already way behind. In a report that ranks countries based on their clean energy markets, environmental group WWF-International found that Canada's clean-energy technology sales ranked 31st in the world relative to gross domestic product.

Carbon-emissions trading expert Lisa Demarco, head of the energy practice at Toronto law firm Macleod Dixon, said Ontario's role as part of the Canadian delegation in Copenhagen is to show the world that what's happening – or not happening – in Canada isn't representative of the actions being taken on a provincial level.

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SaskPower to buy more electricity from Manitoba Hydro

SaskPower-Manitoba Hydro Power Sale outlines up to 215 MW of clean hydroelectric baseload for Saskatchewan, supporting renewable energy targets, lower greenhouse gas emissions, and interprovincial transmission line capacity starting 2022 under a 30-year agreement.

 

Key Points

A long-term deal supplying up to 215 MW of hydroelectric baseload from Manitoba to Saskatchewan to cut emissions.

✅ Up to 215 MW delivered starting 2022 via new intertie

✅ Supports 40% GHG reduction target by 2030

✅ 30-year term; complements wind and solar integration

 

Saskatchewan's Crown-owned electric utility has made an agreement to buy more hydroelectricty from Manitoba.

A term sheet providing for a new long--term power sale has been signed between Manitoba Hydro and SaskPower which will see up to 215 megawatts flow from Manitoba to Saskatchewan, as new turbine investments advance in Manitoba, beginning in 2022.

SaskPower has two existing power purchase agreements with Manitoba Hydro that were made in 2015 and 2016, but the newest one announced Monday is the largest, as financial pressures at Manitoba Hydro continue.

SaskPower President and CEO Mike Marsh says in a news release that the clean, hydroelectric power represents a significant step forward when it comes to reaching the utility's goal of reducing greenhouse gas emissions by 40 per cent by 2030, aligning with progress on renewable electricity by 2030 initiatives.

Marsh says it's also reliable baseload electricity, which SaskPower will need as it adds more intermittent generation options like wind and solar.

SaskPower says a final legal contract for the sale is expected to be concluded by mid-2019 and be in effect by 2022, and the purchase agreement would last up to 30 years.

"Manitoba Hydro has been a valued neighbour and business partner over the years and this is a demonstration of that relationship," Marsh said in the news release.

The financial terms of the agreement are not being released, though SaskPower's latest annual report offers context on its finances.

Both parties say the sale will partially rely on the capacity provided by a new transmission line planned for construction between Tantallon, Sask. and Birtle, Man. that was previously announced in 2015 and is expected to be in service by 2021.

"Revenues from this sale will assist in keeping electricity rates affordable for our Manitoba customers, while helping SaskPower expand and diversify its renewable energy supply," Manitoba Hydro president and CEO Kelvin Shepherd said in the utility's own news release.

In 2015, SaskPower signed a 25 megawatt agreement with Manitoba Hydro that lasts until 2022. A 20-year agreement for 100 megawatts was signed in 2016 and comes into effect in 2020, and SaskPower is also exploring a purchase from Flying Dust First Nation to further diversify supply.

The deals are part of a memorandum of understanding signed in 2013 involving up to 500 megawatts.
 

 

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OPINION | Bridging the electricity gap between Alberta and B.C. makes perfect climate sense

BC-Alberta Transmission Intertie enables clean hydro to balance wind and solar, expanding transmission capacity so Site C hydro can dispatch power, cut emissions, lower costs, and accelerate electrification across provincial grids under federal climate policy.

 

Key Points

A cross-provincial grid link using BC hydro to firm Alberta wind and solar, cutting emissions and costs.

✅ Balances variable renewables with dispatchable hydro from Site C.

✅ Enables power trade: peak exports, low-cost wind imports.

✅ Lowers decarbonization costs and supports electrification goals.

 

By Mark Jaccard

Lost in the news and noise of the federal government's newly announced $170-per-tonne carbon tax was a single, critical sentence in Canada's updated climate plan, one that signals a strategy that could serve as the cornerstone for a future free of greenhouse gas emissions.

"The government will work with provinces and territories to connect parts of Canada that have abundant clean hydroelectricity with parts that are currently more dependent on fossil fuels for electricity generation — including by advancing strategic intertie projects."

Why do we think this one sentence is so important? And what has it got to do with the controversial Site C project Site C electricity debate under construction in British Columbia?

The answer lies in the huge amount of electricity we'll need to generate in Canada to achieve our climate goals for 2030 and 2050. Even while we aggressively pursue energy efficiency, our electric cars, buses and perhaps trucks in Canada's net-zero race will need a huge amount of new electricity, as will our buildings and industries. 

Luckily, Canada is blessed with an electricity system that is the envy of the world — already over 80 per cent zero emission, the bulk being from flexible hydro-electricity, with a backbone of nuclear power largely in Ontario, a national electricity success and rapidly growing shares of cheap wind and solar. 

Provincial differences
Yet the story differs significantly from one province to another. While B.C.'s electricity is nearly emissions free, the opposite is true of its neighbour, Alberta, where more than 80 per cent still comes from fossil fuels. This, despite an impressive shift away from coal power in recent years.

Now imagine if B.C. and Alberta were one province.

This might sound like the start of a bad joke, or a horror movie to some, but it's the crux of new research by a trio of energy economists who put a fine point on the value of such co-operation.

The study, by Brett Dolter, Kent Fellows and Nic Rivers, takes a detailed look at the economic case for completing Site C, BC Hydro's controversial large hydro project under construction, and makes three key conclusions.

First, they argue Site C should likely not have been started in the first place. Only a narrow set of assumptions can now justify its total cost. But what's done is done, and absent a time machine, the decision to complete the dam rests on go-forward costs.

On that note, their second conclusion is no more optimistic. Considering the cost to complete the project, even accounting for avoiding termination costs should it be cancelled, they find the economics of completing Site C over-budget status to be weak. If the New York Times had a Site C needle in the style of the newspaper's election visual, it would be "leaning cancel" at this point.

In Alberta, more than 80 per cent of the electricity still comes from fossil fuels, despite an impressive shift away from coal power in recent years. (CBC)
But it is their third conclusion that stands out as worthy of attention. They argue there is a case for completing Site C if the following conditions are met:

B.C. and Alberta reduce their electricity sector emissions by more than 75 per cent (this really means Alberta, given B.C.'s already clean position); and

B.C. and Alberta expand their ability to move electricity between their respective provinces by building new transmission lines.

Let's deal with each of these in turn.

On Condition 1, we give an emphatic: YES! Reducing electricity emissions is an absolute must to meet climate pledges if Canada is to come even close to achieving its net-zero goals. As noted above, a clean electricity grid will be the cornerstone of a decarbonized economy as we generate a great deal more power to electrify everything from industrial processes to heating to transportation and more. 

Condition 2 is more challenging. Talk of increasing transmission connections across Canada, including Hydro-Québec's U.S. strategy has been ongoing for over 50 years, with little success to speak of. But this time might well be different. And the implications for a completed Site C, should the government go that route, are profound.

Wind and solar costs rapidly declining
Somewhat ironically, the case for Site C is made stronger by the rapidly declining costs of two of its apparent renewable competitors: wind and solar.

The cost of wind and solar generation has fallen by 70 per cent and 90 per cent, respectively, a dramatic decline in the past 10 years. No longer can these variable sources of power be derided as high cost; they are unequivocally the cheapest sources of raw energy in electricity systems today.

However, electricity system operators must deal with their "non-dispatchability," a seemingly complicated term that simply means they produce electricity only when the sun shines and the wind blows, which is not necessarily when electricity customers want their electricity delivered (dispatched) to them. And because of this characteristic, the value of dispatchable electricity sources, like a completed Site C, will grow as a complement to wind and solar. 

Thus, as Alberta's generation of cheap wind and solar grows, so too does the value of connecting it with the firm, dispatchable resources available in B.C.

Rather than displacing wind and solar, large hydro facilities with the ability to increase or decrease output on short notice can actually enable more investment in these renewable sources. Expanding the transmission connection, with Site C on one side of that line, becomes even more valuable.

Many in B.C. might read this and rightly ask themselves, why should we foot the bill for this costly project to help out Albertans? The answer is that it won't be charity — B.C. will get paid handsomely for the power it delivers in peak periods and will be able to import wind power at low prices from Alberta in other times. B.C. will benefit greatly from these gains of trade.

Turning to Alberta, why should Albertans support B.C. reaping these gains? The answer is two-fold.

First, Site C will actually enable more low-cost wind and solar to be built in Alberta due to hydro's ability to balance these non-dispatchable renewables. Jobs and economic opportunity will occur in Alberta from this renewable energy growth.

Second, while B.C. imports won't come cheap, they will be less costly than the decarbonization alternatives Alberta would need without B.C.'s flexible hydro, as the economists' study shows. This means lower overall costs to Alberta's power consumers.

A clear role for Ottawa
To be sure, there are challenges to increasing the connectedness of B.C. and Alberta's power systems, not least of which is BC Hydro being a regulated, government-owned monopoly while Alberta is a competitive market amongst private generators. Some significant accommodations in climate policy and grids will be needed to ensure both sides can compete and benefit from trade on an equal footing.

There is also the pesky matter of permitting and constructing thousands of kilometres of power lines. Getting linear energy infrastructure built in Canada has not exactly been our forte of late.

We are not naive to the significant challenges in such an approach, but it's not often that we see such a clear narrative for beneficial climate action that, when considered at the provincial level, is likely to be thwarted, but when considered more broadly can produce a big win.

It's the clearest example yet of a role for the federal government to bridge the gap, to facilitate the needed regulatory conversations, and, let's be frank, to bring money to the table to make the line happen. Neither provincial side is likely to do it on their own, nor, as history has shown, are they likely to do it together. 

For a government committed to reducing emissions, and with a justified emphasis on the electricity sector, the opportunity to expand the Alberta-B.C. transmission intertie, leveraging the flexibility of B.C.'s hydro with the abundance of wind and solar potential on the Prairies, offers a potential massive decarbonization win for Western Canada that is too good to ignore.


Mark Jaccard, a professor at Simon Fraser University, and Blake Shaffer, a professor at the University of Calgary

 

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Opp Leader calls for electricity market overhaul to favor consumers over generators

Labor National Electricity Market Reform aims to rebalance NEM rules, support a fair-dinkum clean energy target, enable renewable zones, bolster storage and grid reliability, empower households, and unlock CEFC investment via the Finkel review.

 

Key Points

Labor's plan to overhaul NEM rules for households, clean energy targets, renewable zones, storage, and CEFC investment.

✅ Revises NEM rules to curb big generators' market power

✅ Backs a clean energy target informed by the Finkel review

✅ Expands renewable zones, storage, and CEFC finance

 

Australia's Labor leader Bill Shorten has called for significant changes to the rules governing the national electricity market, saying they are biased in favour of big energy generators, leaving households worse off even with measures like a WA electricity bill credit in place.

He said the national electricity market (NEM) rules are designed to help the big companies recoup the money they spent on purchasing government assets, a dynamic echoed in debates like a Calgary market overhaul dispute unfolding in Canada, rather than encourage households to generate their own power, and they need to change faster to adapt to consumer needs.

His comments hint at a possible overhaul of the NEM’s governance structure under a future Labor government, because the current rule-making process is too cumbersome and slow, with suggested rules changes taking years to be introduced.

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Labor had promoted a similar idea in the lead-up to the 2016 election, with its call for an electricity modernization review, but now the Finkel review has been released it would be used to guide such a review.

In a speech to the Australian Financial Review’s National Energy Summit in Sydney on Monday, Shorten recommitted Labor to negotiating a “fair-dinkum” clean energy target with the Turnbull government, amid modelling that a strong clean energy target can lower electricity prices, saying “it’s time to put away the weapons of the climate change wars” and work together to find a way forward.

He said the media and business can all share the blame for Australia’s lost decade of energy policy development, with examples abroad showing how leadership steers change, such as in Alberta where Kenney's influence on power policy has been pronounced, but “we need to stop spoiling for a fight and start seeking a solution”.

“The scare campaigns and hyper-partisanship that got Australia into this mess, will not get us out of it,” he will say.

“That’s why, a bit over four months ago, before the chief scientist released his report, I wrote to the prime minister offering an olive branch.

“I said Labor was prepared to move from our preferred position of an emissions intensity scheme and negotiate a fair-dinkum clean energy target.

“That offer was greeted with some cynicism in the media. But let me be crystal clear – I made that offer in good faith, and that offer still stands.”

Shorten said Australia needs to resolve the current “gas crisis” and do more to drive investment in renewable energy that delivers more reliable electricity, a priority underscored by the IEA's warning that falling global energy investment risks shortages, and if Labor wins the next election it will organise Australia into a series of renewable energy zones – as recommended by the chief scientist, Alan Finkel – that identify wind, solar, pumped hydro and geothermal resources, and connect them to the existing network.

“These zones would be based on both existing generation and storage in the area – and the potential for future development,” he said.

Australia's politics only barrier to clean energy system, report finds

“Identifying these zones – from eastern Queensland, north-east New South Wales, west Victoria, the Eyre Peninsula in South Australia and the entire state of Tasmania – will also plant a flag for investors – signalling future sites for job-creating projects.”

Shorten also said Labor will free up the Clean Energy Finance Corporation to invest in more generation and more storage.

“Under Labor, the return benchmark for the CEFC was set at the weighted average of the Australian government bond rate.

“Under this government, it was initially increased to the weighted average plus 4% to 5% and is now set at the average plus 3% to 4%.

“Setting the return benchmark too high defeats the driving purpose of the CEFC and it holds back the crucial investment Australia needs – right now – in new generation and storage.

“This is why a Labor government would restore the original benchmark return of the Clean Energy Finance Corporation, to invest in more generation, more storage and more jobs.”

 

 

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Ukraine Resumes Electricity Exports

Ukraine Electricity Exports resume as the EU grid links stabilize; ENTSO-E caps, megawatt capacity, renewables, and infrastructure repairs enable power flows to Moldova, Poland, Slovakia, and Romania despite ongoing Russian strikes.

 

Key Points

Resumed cross-border power sales showing grid stability under ENTSO-E limits and surplus generation.

✅ Exports restart to Moldova; Poland, Slovakia, Romania next.

✅ ENTSO-E cap limits to 400 MW; more capacity under negotiation.

✅ Revenues fund grid repairs after Russian strikes.

 

Ukraine began resuming electricity exports to European countries on Tuesday, its energy minister said, a dramatic turnaround from six months ago when fierce Russian bombardment of power stations plunged much of the country into darkness in a bid to demoralize the population.

The announcement by Energy Minister Herman Halushchenko that Ukraine was not only meeting domestic consumption demands but also ready to restart exports to its neighbors was a clear message that Moscow’s attempt to weaken Ukraine by targeting its infrastructure did not work.

Ukraine’s domestic energy demand is “100%” supplied, he told The Associated Press in an interview, and it has reserves to export due to the “titanic work” of its engineers and international partners.

Russia ramped up infrastructure attacks in September, when waves of missiles and exploding drones destroyed about half of Ukraine's energy system, even as it built lines to reactivate the Zaporizhzhia plant in occupied territory. Power cuts were common across the country as temperatures dropped below freezing and tens of millions struggled to keep warm.

Moscow said the strikes were aimed at weakening Ukraine’s ability to defend itself, and both sides have floated a possible agreement on power plant attacks amid mounting civilian harm, while Western officials said the blackouts that caused civilians to suffer amounted to war crimes. Ukrainians said the timing was designed to destroy their morale as the war marked its first anniversary.


Ukraine had to stop exporting electricity in October to meet domestic needs.

Engineers worked around the clock, often risking their lives to come into work at power plants and keep the electricity flowing. Kyiv’s allies also provided help. In December, U.S. Secretary of State Antony Blinken announced $53 million in bilateral aid to help the country acquire electricity grid equipment, on top of $55 million for energy sector support.

Much more work remains to be done, Halushchenko said. Ukraine needs funding to repair damaged generation and transmission lines, and revenue from electricity exports would be one way to do that.

The first country to receive Ukraine’s energy exports will be Moldova, he said.

Besides the heroic work by engineers and Western aid, warmer temperatures are enabling the resumption of exports by making domestic demand lower, and across Europe initiatives like virtual power plants for homes are helping balance grids. Nationwide consumption was already down at least 30% due to the war, Halushchenko said, with many industries having to operate with less power.

Renewables like solar and wind power also come into play as temperatures rise, taking some pressure off nuclear and coal-fired power plants.

But it’s unclear if Ukraine can keep up exports amid the constant threat of Russian bombardment.

“Unfortunately now a lot of things depend on the war,” Halushchenko said. “I would say we feel quite confident now until the next winter.”

Exports to Poland, Slovakia and Romania are also on schedule to resume, he said.

“Today we are starting with Moldova, and we are talking about Poland, we are talking about Slovakia and Romania,” Halushchenko added, noting that how much will depend on their needs.

“For Poland, we have only one line that allows us to export 200 megawatts, but I think this month we will finish another line which will increase this to an additional 400 MW, so these figures could change,” he said.

Export revenue will depend on fluctuating electricity prices in Europe, where stunted hydro and nuclear output may hobble recovery efforts. In 2022, while Ukraine was still able to export energy, Ukrainian companies averaged 40 million to 70 million euros a month depending on prices, Halushchenko said.

“Even if it’s 20 (million euros) it’s still good money. We need financial resources now to restore generation and transmission lines,” he said.

Ukraine has the ability to export more than the 400 megawatt capacity limit imposed by the European Network of Transmission System Operators for Electricity, or ENTSO-E, and rising EU wind and solar output is reshaping cross-border flows. “We are in negotiations to increase this cap because today we can export even more, we have the necessary reserves in the system,” the minister said.

The current capacity limit is in line with what Ukraine was exporting in September 2022 before Ukraine diverted resources to meet domestic needs amid the Russian onslaught.

 

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How Bitcoin's vast energy use could burst its bubble

Bitcoin Energy Consumption drives debate on blockchain mining, proof-of-work, carbon footprint, and emissions, with CCAF estimates in terawatt hours highlighting electricity demand, fossil fuel reliance, and sustainability concerns for data centers and cryptocurrency networks.

 

Key Points

Electricity used by Bitcoin proof-of-work mining, often fossil-fueled, estimated by CCAF in terawatt hours.

✅ CCAF: 40-445 TWh, central estimate ~130 TWh

✅ ~66% of mining electricity sourced from fossil fuels

✅ Proof-of-work increases hash rate, energy, and emissions

 

The University of Cambridge Centre for Alternative Finance (CCAF) studies the burgeoning business of cryptocurrencies.

It calculates that Bitcoin's total energy consumption is somewhere between 40 and 445 annualised terawatt hours (TWh), with a central estimate of about 130 terawatt hours.

The UK's electricity consumption is a little over 300 TWh a year, while Argentina uses around the same amount of power as the CCAF's best guess for Bitcoin, as countries like New Zealand's electricity future are debated to balance demand.

And the electricity the Bitcoin miners use overwhelmingly comes from polluting sources, with the U.S. grid not 100% renewable underscoring broader energy mix challenges worldwide.

The CCAF team surveys the people who manage the Bitcoin network around the world on their energy use and found that about two-thirds of it is from fossil fuels, and some regions are weighing curbs like Russia's proposed mining ban amid electricity deficits.

Huge computing power - and therefore energy use - is built into the way the blockchain technology that underpins the cryptocurrency has been designed.

It relies on a vast decentralised network of computers.

These are the so-called Bitcoin "miners" who enable new Bitcoins to be created, but also independently verify and record every transaction made in the currency.

In fact, the Bitcoins are the reward miners get for maintaining this record accurately.

It works like a lottery that runs every 10 minutes, explains Gina Pieters, an economics professor at the University of Chicago and a research fellow with the CCAF team.

Data processing centres around the world, including hotspots such as Iceland's mining strain, race to compile and submit this record of transactions in a way that is acceptable to the system.

They also have to guess a random number.

The first to submit the record and the correct number wins the prize - this becomes the next block in the blockchain.

Estimates for bitcoin's electricity consumption
At the moment, they are rewarded with six-and-a-quarter Bitcoins, valued at about $50,000 each.

As soon as one lottery is over, a new number is generated, and the whole process starts again.

The higher the price, says Prof Pieters, the more miners want to get into the game, and utilities like BC Hydro suspending new crypto connections highlight grid pressures.

"They want to get that revenue," she tells me, "and that's what's going to encourage them to introduce more and more powerful machines in order to guess this random number, and therefore you will see an increase in energy consumption," she says.

And there is another factor that drives Bitcoin's increasing energy consumption.

The software ensures it always takes 10 minutes for the puzzle to be solved, so if the number of miners is increasing, the puzzle gets harder and the more computing power needs to be thrown at it.

Bitcoin is therefore actually designed to encourage increased computing effort.

The idea is that the more computers that compete to maintain the blockchain, the safer it becomes, because anyone who might want to try and undermine the currency must control and operate at least as much computing power as the rest of the miners put together.

What this means is that, as Bitcoin gets more valuable, the computing effort expended on creating and maintaining it - and therefore the energy consumed - inevitably increases.

We can track how much effort miners are making to create the currency.

They are currently reckoned to be making 160 quintillion calculations every second - that's 160,000,000,000,000,000,000, in case you were wondering.

And this vast computational effort is the cryptocurrency's Achilles heel, says Alex de Vries, the founder of the Digiconomist website and an expert on Bitcoin.

All the millions of trillions of calculations it takes to keep the system running aren't really doing any useful work.

"They're computations that serve no other purpose," says de Vries, "they're just immediately discarded again. Right now we're using a whole lot of energy to produce those calculations, but also the majority of that is sourced from fossil energy, and clean energy's 'dirty secret' complicates substitution."

The vast effort it requires also makes Bitcoin inherently difficult to scale, he argues.

"If Bitcoin were to be adopted as a global reserve currency," he speculates, "the Bitcoin price will probably be in the millions, and those miners will have more money than the entire [US] Federal budget to spend on electricity."

"We'd have to double our global energy production," he says with a laugh, even as some argue cheap abundant electricity is getting closer to reality today. "For Bitcoin."

He says it also limits the number of transactions the system can process to about five per second.

This doesn't make for a useful currency, he argues.

Rising price of bitcoin graphic
And that view is echoed by many eminent figures in finance and economics.

The two essential features of a successful currency are that it is an effective form of exchange and a stable store of value, says Ken Rogoff, a professor of economics at Harvard University in Cambridge, Massachusetts, and a former chief economist at the International Monetary Fund (IMF).

He says Bitcoin is neither.

"The fact is, it's not really used much in the legal economy now. Yes, one rich person sells it to another, but that's not a final use. And without that it really doesn't have a long-term future."

What he is saying is that Bitcoin exists almost exclusively as a vehicle for speculation.

So, I want to know: is the bubble about to burst?

"That's my guess," says Prof Rogoff and pauses.

"But I really couldn't tell you when."

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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