FERC issues 2010 enforcement report

By By Kenneth W. Irvin, Mustafa Ostrander and Elizabeth P. Philpott, McDermott Will & Emery, LLP


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Just recently, the Federal Energy Regulatory Commission FERC Office of Enforcement issued the 2010 Report on Enforcement. The annual report provides an overview of enforcement activities during the fiscal year 2010 FY2010 and statistics on the activities of the three divisions within the Office of Enforcement: Investigations, Audits and Energy Market Oversight.

The report provides an interesting and important window into otherwise non-public enforcement activities. It also identifies the priorities for 2011.

The report first notes FERCÂ’s efforts in FY2010 to further its goal of transparency with the issuance of the guidelines for calculating penalties, the order regarding notices of alleged violations and the announcement of the policy to disclose exculpatory materials to persons and entities under investigation.

One key element is the report describes all the self-reports and investigations over the past year. Enforcement staff received 93 self-reports in FY2010, down from 122 in FY2009. They closed 54 self-reports after an initial review, while 39 self-reports are pending initial review. Staff received self-reports from a variety of market participants, though they received an increasing number of self-reports from regional transmission organizations RTOs and independent system operators ISOs in FY2010.

Enforcement staff expects to see an upward trend in self-reports, especially due to the credit for self-reporting under recently issued penalty guidelines. The largest category of self-reports was for Tariff or Open Access Tariff violations. Self-reports of open access violations decreased, however, because natural gas companies have increased compliance efforts to prevent capacity release violations.

The report also provides some insight into the reasons why enforcement staff decides not to pursue enforcement action for certain self-reports, including these factors:

• Prohibited transactions were not actually executed

• No harm to the market or to any parties

• Violation was isolated, inadvertent or unlikely to reoccur

• Company took remedial action or instituted remedial measures to ensure future compliance action

• Company submitted a prompt self-report

• Company already paid penalties

• No indication of fraudulent behavior by the company, past wrongdoing or senior management involvement

• Compliance program provided adequate training regarding subject matter of violation.

Enforcement staff opened more non-self-reported investigations in FY2010 15 than FY2009 10. Most of the investigations addressed tariff violations, but the suspected violations also involved market manipulation, market-based rate violations and reliability standards violations. The potential misconduct was referred to staff by a variety of sources, including RTO and ISO market-monitoring units, other divisions within the Office of Enforcement, other offices within FERC and a call to the Office of Enforcement Hotline.

One closed investigation of note involved an inquiry by staff into whether certain entities trading natural gas futures contracts on NYMEX manipulated the settlement price through their trading during the 30-minute final settlement period. That shows FERC continues to see its anti-manipulation jurisdiction extend to activities outside of the physical electricity and natural gas markets, which activities affect those markets.

Enforcement staff, however, closed fewer investigations in FY2010 16 than FY2009 36. Similarly, staff concluded fewer investigations in FY2010 through settlement. Yet, it is noted that more investigations resulted in enforcement staff finding a violation and not assessing sanctions.

The report provides illustrations of investigations that were closed in which enforcement staff found a violation, but did not take any enforcement action. Staff explained it took into account the following considerations when deciding not to pursue enforcement action:

• Violations were inadvertent and infrequent

• Substantial compliance by the company

• No unjust profits retained by the company

• Company increased and improved training procedures

• Company modified compliance protocols.

Six investigations were resolved by way of an enforcement settlement in FY2010 compared to 22 in FY2009. According to the report, settlements decreased this year due to an increased focus on reliability and market manipulation cases. Half of the six settlement agreements involved violations of natural gas pipeline open access transportation requirements.

For 2011, the Office of Enforcement intends to maintain its focus on matters involving fraud and market manipulation, serious violations of reliability standards, anticompetitive conduct and conduct that threatens the transparency of regulated markets.

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Tories 'taking the heart out of Manitoba Hydro' by promoting subsidiaries, scrapping low-cost pledges: NDP

Manitoba Hydro Privatization Debate centers on subsidiaries, Crown corporation governance, clean energy priorities, and electricity rates, as board terms shift oversight and transparency, sparking concerns about sell-offs and government control.

 

Key Points

A dispute over Hydro's governance, subsidiaries, electricity rates, and clean energy amid fears of partial privatization.

✅ Rewritten terms allow subsidiaries and shift board duties.

✅ Low rates and clean energy mandates softened in guidance.

✅ Govt cites Hydro Act; NDP warns of sell-off risks.

 

The board of Manitoba Hydro is being reminded it can divvy up some of the utility's work to subsidiaries — which the NDP is decrying as a step toward privatization. 

A sentence seemingly granting the board permission to create subsidiaries was included in the board's new terms of reference, which the NDP raised during question period Wednesday. 

The document also eliminated references asking Manitoba Hydro to keep electricity rates low, even as rate hike hearings proceed, and supply power in an environmentally-friendly fashion.

NDP raises spectre of Manitoba Hydro's privatization with new CEO
"They're essentially taking the heart out of Manitoba Hydro," NDP leader Wab Kinew said.

Cheap, clean energy is the basis by which the Crown corporation was formed, even as scaled-back rate increases are planned for next year, he said. 

"That's the whole reason we created this utility in the first place."

Another addition to the board's guidelines include stating the corporation is responsible to the government minister, who must be "proactively informed" when significant issues arise. 

The provincial government, however, says the rewritten terms of reference was the directive of the Manitoba Hydro board and not itself.

CBC's requests to the government for an interview were directed to Manitoba Hydro.

In an interview, Manitoba Hydro spokesperson Scott Powell said the energy utility has undergone no legislative changes, and is still governed by the Manitoba Hydro Act. 

The terms of reference were altered to align the board's duties with the new act overseeing Crown corporations, Powell said.

"Whether you have one or two words different in the terms of reference, the essence of the company hasn't changed."

While the new terms of reference no longer instructs the corporation to ensure an "environmentally responsible supply of energy for Manitobans," it encourages the board to "promote economy and efficiency in all phases of power generation and distribution."

On the cost to ratepayers, the updated directions asks the utility to deliver "safe, reliable energy services at a fair price," a standard clarified by a recent appeal court ruling on First Nations rates, but the board is not specifically instructed with keeping electricity rates low. 

Kinew contends the added sentence on subsidiaries permits Hydro to be broken off and sold for parts, although the terms of reference does not specify if any subsidiary would be wholly owned by Hydro or contracted to a private company.

Powell said Manitoba Hydro has been permitted to create subsidiaries since 1997, and nothing has changed since.

Kinew warned about Hydro's privatization last week when Jay Grewal was announced as Hydro's incoming CEO and president.

She was employed with B.C. Hydro when then-premier Gordon Campbell — hired by the Manitoba government to investigate costly overruns on two electricity megaprojects — sold off segments of the utility.

She then became managing director of Accenture, a global management consulting firm, which acquired several B.C. Hydro departments.

During question period Wednesday, Pallister disputed that Manitoba Hydro is bound to be sold.

He slammed the NDP's "Americanization strategy" of producing more electricity than it is capable of selling, which has saddled ratepayers with billions in debt and prompted proposed 2.5% annual increases in coming years. 

The makeup of the Hydro board has undergone a complete turnover in under a year, a contrast to Ontario's Hydro One shakeup vow during that period.

Nine of the 10 members resigned en masse this March over an impasse with the Pallister government. The lone holdover, Cliff Graydon, was dismissed from his post last month after the Progressive Conservatives removed him from caucus. 

 

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OPG, TVA Partner on New Nuclear Technology Development

OPG-TVA SMR Partnership advances advanced nuclear technology and small modular reactors for 24/7 carbon-free baseload power, enabling net-zero goals, cross-border licensing, and deployment within a North American clean energy hub.

 

Key Points

A cross-border effort by OPG and TVA to develop, license, and deploy SMRs for reliable, carbon-free baseload power.

✅ Coordinates design, licensing, construction, and operations

✅ Supports 24/7 baseload, net-zero targets, and energy security

✅ Leverages Darlington and Clinch River early site permits

 

Two of North America's leading nuclear utilities unveiled a pioneering partnership to develop advanced nuclear technology as an integral part of a clean energy future and creating a North American energy hub. Ontario Power Generation, whose OPG's SMR commitment is well established, and the Tennessee Valley Authority will jointly work to help develop small modular reactors as an effective long-term source of 24/7 carbon-free energy in both Canada and the U.S.

The agreement allows the companies to coordinate their explorations into the design, licensing, construction and operation of small modular reactors.

"As leaders in our industry and nations, OPG and TVA share a common goal to decarbonize energy generation while maintaining reliability and low-cost service, which our customers expect and deserve," said Jeff Lyash, TVA President and CEO. "Advanced nuclear technology will not only help us meet our net-zero carbon targets but will also advance North American energy security."

"Nuclear energy has long been key to Ontario's clean electricity grid, and is a crucial part of our net-zero future," said Ken Hartwick, OPG President and CEO. "Working together, OPG and TVA will find efficiencies and share best practices for the long-term supply of the economical, carbon-free, reliable electricity our jurisdictions need, supported by ongoing Pickering life extensions across Ontario's fleet."

OPG and TVA have similar histories and missions. Both are based on public power models that developed from renewable hydroelectric generation before adding nuclear to their generation mixes. Today, nuclear generation accounts for significant portions of their carbon-free energy portfolios, with Ontario advancing the Pickering B refurbishment to sustain capacity.

Both are also actively exploring SMR technologies. OPG is moving forward with plans to deploy an SMR at its Darlington nuclear facility in Clarington, ON, as part of broader Darlington SMR plans now underway. The Darlington site is the only location in Canada licensed for new nuclear with a completed and accepted Environmental Assessment. TVA currently holds the only Nuclear Regulatory Commission Early Site Permit in the U.S. for small modular reactor deployment at its Clinch River site near Oak Ridge, TN.

No exchange of funding is involved. However, the collaboration agreement will help OPG and TVA reduce the financial risk that comes from development of innovative technology, as well as future deployment costs.

"TVA has the most recent experience completing a new nuclear plant in North America at Watts Bar and that knowledge is invaluable to us as we work toward the first SMR groundbreaking at Darlington," said Hartwick. "Likewise, because we are a little further along in our construction timing, TVA will gain the advantage of our experience before they start work at Clinch River."

"It's a win-win agreement that benefits all of those served by both OPG and TVA, as well as our nations," said Lyash. "Moving this technology forward is not only a significant step in advancing a clean energy future and Canada's climate goals, but also in creating a North American energy hub."

"With the demand for clean electricity on the rise around the world, Ontario's momentum is growing. The world is watching Ontario as we advance our work to fully unleash our nuclear advantage, alongside a premiers' SMR initiative that underscores provincial collaboration. I congratulate OPG and TVA – two great industry leaders – for working together to deploy SMRs and showcase and apply Canada's nuclear expertise that will deliver economic, health and environmental benefits for all of us to enjoy," said Todd Smith, Ontario Minister of Energy.

"The changing climate is a global crisis that requires global solutions. The partnership between the Tennessee Valley Authority and Ontario Power Generation to develop and deploy advanced nuclear technology is exactly the kind of innovative collaboration that is needed to quickly bring the next generation of nuclear carbon-free generation to market. I applaud the leadership that both companies are demonstrating to further strengthen our cross-border relationships," said Maria Korsnick, President and CEO, Nuclear Energy Institute.

 

 

 

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Scientists generate 'electricity from thin air.' Humidity could be a boundless source of energy.

Air Humidity Energy Harvesting converts thin air into clean electricity using air-gen devices with nanopores, delivering continuous renewable energy from ambient moisture, as demonstrated by UMass Amherst researchers in Advanced Materials.

 

Key Points

A method using nanoporous air-gen devices to harvest continuous clean electricity from ambient atmospheric moisture.

✅ Nanopores drive charge separation from ambient water molecules

✅ Works across materials: silicon, wood, bacterial films

✅ Predictable, continuous power unlike intermittent solar or wind

 

Sure, we all complain about the humidity on a sweltering summer day. But it turns out that same humidity could be a source of clean, pollution-free energy, aligning with efforts toward cheap, abundant electricity worldwide, a new study shows.

"Air humidity is a vast, sustainable reservoir of energy that, unlike wind and solar power resources, is continuously available," said the study, which was published recently in the journal Advanced Materials.

While humidity harvesting promises constant output, advances like a new fuel cell could help fix renewable energy storage challenges, researchers suggest.

“This is very exciting,” said Xiaomeng Liu, a graduate student at the University of Massachusetts-Amherst, and the paper’s lead author. “We are opening up a wide door for harvesting clean electricity from thin air.”

In fact, researchers say, nearly any material can be turned into a device that continuously harvests electricity from humidity in the air, a concept echoed by raindrop electricity demonstrations in other contexts.

“The air contains an enormous amount of electricity,” said Jun Yao, assistant professor of electrical and computer engineering at the University of Massachusetts-Amherst and the paper’s senior author. “Think of a cloud, which is nothing more than a mass of water droplets. Each of those droplets contains a charge, and when conditions are right, the cloud can produce a lightning bolt – but we don’t know how to reliably capture electricity from lightning.

"What we’ve done is to create a human-built, small-scale cloud that produces electricity for us predictably and continuously so that we can harvest it.”

The heart of the human-made cloud depends on what Yao and his colleagues refer to as an air-powered generator, or the "air-gen" effect, which relates to other atmospheric power concepts like night-sky electricity studies in the field.

In broader renewable systems, flexible resources such as West African hydropower can support variable wind and solar output, complementing atmospheric harvesting concepts as they mature.

The study builds on research from a study published in 2020. That year, scientists said this new technology "could have significant implications for the future of renewable energy, climate change and in the future of medicine." That study indicated that energy was able to be pulled from humidity by material that came from bacteria; related bio-inspired fuel cell design research explores better electricity generation, the new study finds that almost any material, such as silicon or wood, also could be used.

The device mentioned in the study is the size of a fingernail and thinner than a single hair. It is dotted with tiny holes known as nanopores, it was reported. "The holes have a diameter smaller than 100 nanometers, or less than a thousandth of the width of a strand of human hair."

 

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$1.6 Billion Battery Plant Charges Niagara Region for Electric Vehicle Future

Ontario EV Battery Separator Plant anchors Canada's EV supply chain, with Asahi Kasei producing lithium-ion battery separators in Niagara Region to support Honda's Alliston assembly, clean transportation growth, and sustainable manufacturing jobs.

 

Key Points

Asahi Kasei's Niagara Region plant makes lithium-ion battery separators supplying Honda's EV factory in Ontario.

✅ Starts up by 2027 to align with Honda EV output timeline.

✅ Backed by clean tech tax credits and public investment.

✅ Boosts local jobs, R&D, and clean transportation leadership.

 

The automotive industry is undergoing a seismic shift, and Canada is firmly planting its flag in the electric vehicle (EV) revolution, propelled by recent EV assembly deals across the country. A new $1.6 billion battery component plant in Ontario's Niagara Region signifies a significant step towards a cleaner, more sustainable transportation future. This Asahi Kasei facility, a key player in Honda's $15 billion electric vehicle supply chain investment, promises to create jobs, boost the local economy, and solidify Ontario's position as a leader in clean transportation technology.

Honda's ambitious project forms part of Honda's Ontario EV investment that involves constructing a dedicated battery plant adjacent to their existing Alliston, Ontario assembly facility. This new plant will focus on producing fully electric vehicles, requiring a robust supply chain for critical components. Asahi Kasei's Niagara Region plant enters the picture here, specializing in the production of battery separators – a thin film crucial for separating the positive and negative electrodes within a lithium-ion battery. These separators play a vital role in ensuring the battery functions safely and efficiently.

The Niagara Region plant is expected to be operational by 2 027, perfectly aligning with Honda's EV production timeline. This strategic partnership benefits both companies: Honda secures a reliable source for a vital component, while Asahi Kasei capitalizes on the burgeoning demand for EV parts. The project is a catalyst for economic growth in Ontario, creating jobs in construction and manufacturing, supporting an EV jobs boom province-wide, and potentially future research and development sectors. Additionally, it positions the province as a hub for clean transportation technology, attracting further investment and fostering innovation.

This announcement isn't an isolated event. News of Volkswagen constructing a separate EV battery plant in St. Thomas, Ontario, and the continuation of a major EV battery project near Montreal further underscore Canada's commitment to electric vehicles. These developments signify a clear shift in the country's automotive landscape, with a focus on sustainable solutions.

Government support has undoubtedly played a crucial role in attracting these investments. The Honda deal involves up to $5 billion in public funds. Asahi Kasei's Niagara Region plant is also expected to benefit from federal and provincial clean technology tax credits. This demonstrates a collaborative effort between government and industry, including investments by Canada and Quebec in battery assembly, to foster a thriving EV ecosystem in Canada.

The economic and environmental benefits of this project are undeniable. Battery production is expected to create thousands of jobs, while the shift towards electric vehicles will lead to reduced emissions and a cleaner environment. Ontario stands to gain significantly from this transition, becoming a leader in clean energy technology and attracting skilled workers and businesses catering to the EV sector, especially as the U.S. auto pivot to EVs accelerates across the border.

However, challenges remain. Concerns about the environmental impact of battery production, particularly the sourcing of raw materials and the potential for hazardous waste, need to be addressed. Additionally, ensuring a skilled workforce capable of handling the complexities of EV technology is paramount.

Despite these challenges, the future of electric vehicles in Canada appears bright. Major automakers are making significant investments, government support is growing, and consumer interest in EVs is on the rise. The Niagara Region plant serves as a tangible symbol of Canada's commitment to a cleaner and more sustainable transportation future. With careful planning and continued Canada-U.S. collaboration across the sector, this project has the potential to revolutionize the Canadian automotive industry and pave the way for a greener tomorrow.

 

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Survivors of deadly tornadoes may go weeks without heat, water, electricity, Kentucky officials say

Kentucky Tornado Recovery details Mayfield damage, death toll, power outages, boil-water advisories, shelter operations, and emergency response across five states, as crews restore infrastructure, locate missing persons, and support displaced families in frigid temperatures.

 

Key Points

Overview of restoring utilities, repairing infrastructure, and sheltering survivors after Kentucky's tornado disaster.

✅ Power, water, and gas outages persist; boil-water advisories in effect.

✅ Mayfield hardest hit; factory casualties lower than first feared.

✅ Shelter provided in state park lodges; long-term recovery expected.

 

Residents of Kentucky counties where tornadoes killed several dozen people could be without heat, water or electricity in frigid temperatures for weeks or longer, state officials warned Monday, and experiences abroad like Kyiv's difficult winter underscore the risks as the toll of damage and deaths came into clearer focus in five states slammed by the swarm of twisters.

Authorities are still tallying the devastation from Friday's storms, though they believe the death toll will be lower than initially feared since it appeared many more people escaped a candle factory in Mayfield, Ky., than first thought.

At least 88 people — including 74 in Kentucky — were killed by the tornados which also destroyed a nursing home in Arkansas, heavily damaged an Amazon distribution centre in Illinois and spread their deadly effects into Tennessee and Missouri, while ongoing nuclear worker safety concerns highlighted vulnerabilities across critical facilities. Another 105 people were still unaccounted for in Kentucky as of Monday afternoon, Gov. Andy Beshear said.

As searches continued for those still missing, efforts also turned to repairing the power grid, downed line safety education, sheltering those whose homes were destroyed and delivering drinking water and other supplies.

"We're not going to let any of our families go homeless," Beshear said in announcing that lodges in state parks were being used to provide shelter.

In Bowling Green, Ky., 11 people died on the same street, including two infants found among the bodies of five relatives near a residence, Warren County coroner Kevin Kirby said. 

In Mayfield, one of the hardest hit towns, those who survived faced a high around 10 C and a low below freezing Monday without any utilities, and awareness of power strip fire risks is critical as residents turn to makeshift heating and power.

"Our infrastructure is so damaged. We have no running water. Our water tower was lost. Our waste water management was lost, and there's no natural gas to the city. So we have nothing to rely on there," Mayfield Mayor Kathy Stewart O'Nan said on CBS Mornings. "So that is purely survival at this point for so many of our people."

Across the state, about 26,000 homes and businesses were without electricity, according to poweroutage.us, including nearly all of those in Mayfield, and the U.S. grid warning during the pandemic underscored vulnerabilities in critical infrastructure.

More than 10,000 homes and businesses have no water, and another 17,000 are under boil-water advisories, Kentucky Emergency Management Director Michael Dossett told reporters.

Dossett warned that full recovery in the hardest-hit places could take not just months, but years, noting that utilities have at times contemplated on-site staffing to maintain operations during crises.

At least 74 people have been confirmed dead across Kentucky after tornadoes tore through the state, leaving some communities nearly totally destroyed and many residents wondering if they can afford to rebuild. 2:22
"This will go on for years to come," he said. 

Amid broader economic strain, recent debates over Kentucky miners' pay highlight ongoing financial vulnerabilities for workers affected by disasters as well.

Authorities are still trying to determine the total number of dead, and the storms made door-to-door searches impossible in some places. "There are no doors," said Beshear.

"We're going to have over 1,000 homes that are gone, just gone," he said.

Beshear had said Sunday morning that the state's toll could exceed 100. But he later said it might be as low as 50.

'Then he was gone'
Initially as many as 70 people were feared dead in the candle factory in Mayfield, but the company said Sunday that eight were confirmed dead and eight remained missing, while more than 90 others had been located.

"Many of the employees were gathered in the tornado shelter and after the storm was over they left the plant and went to their homes," said Bob Ferguson, a spokesman for the company. "With the power out and no landline they were hard to reach initially. We're hoping to find more of those eight unaccounted as we try their home residences."

 

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EIA expects solar and wind to be larger sources of U.S. electricity generation this summer

US Summer Electricity Outlook 2022 projects rising renewable energy generation as utility-scale solar and wind capacity additions surge, while coal declines and natural gas shifts amid higher fuel prices and regional supply constraints.

 

Key Points

An EIA forecast of summer 2022 power: more solar and wind, less coal, and shifting gas use amid higher fuel prices.

✅ Solar +10 million MWh; wind +8 million MWh vs last summer

✅ Coal generation -20 million MWh amid supply constraints, retirements

✅ Gas prices near $9/MMBtu; slight national gen decline

 

In our Summer Electricity Outlook, a supplement to our May 2022 Short-Term Energy Outlook, we expect the largest increases in U.S. electric power sector generation this summer will come from renewable energy sources such as wind and solar generation. These increases are the result of new capacity additions. We forecast utility-scale solar generation between June and August 2022 will grow by 10 million megawatthours (MWh) compared with the same period last summer, and wind generation will grow by 8 million MWh. Forecast generation from coal and natural gas declines by 26 million MWh this summer, although natural gas generation could increase in some electricity markets where coal supplies are constrained.

For recent context, overall U.S. power generation in January rose 9.3% year over year, the EIA reports.

Wind and solar power electric-generating capacity has been growing steadily in recent years. By the start of June, we estimate the U.S. electric power sector will have 65 gigawatts (GW) of utility-scale solar-generating capacity, a 31% increase in solar capacity since June 2021. Almost one-third of this new solar capacity will be built in the Texas electricity market. The electric power sector will also have an estimated 138 GW of wind capacity online this June, which is a 12% increase from last June.

Along with growth in renewables capacity, we expect that an additional 6 GW of new natural gas combined-cycle generating capacity will come online by June 2022, an increase of 2% from last summer. Despite this increase in capacity, we expect natural gas-fired electricity generation at the national level will be slightly (1.3%) lower than last summer.

We forecast the price of natural gas delivered to electric generators will average nearly $9 per million British thermal units between June and August 2022, which would be more than double the average price last summer. The higher expected natural gas prices and growth in renewable generation will likely lead to less natural gas-fired generation in some regions of the country.

In contrast to renewables and natural gas, the electricity industry has been steadily retiring coal-fired power plants over the past decade. Between June 2021 and June 2022, the electric power sector will have retired 6 GW (2%) of U.S. coal-fired generating capacity.

In previous years, higher natural gas prices would have resulted in more coal-fired electricity generation across the fleet. However, coal-fired power plants have been limited in their ability to replenish their historically low inventories in recent months as a result of mine closures, rail capacity constraints, and labor market tightness. These coal supply constraints, along with continued retirement of generating capacity, contribute to our forecast that U.S. coal-fired generation will decline by 20 million MWh (7%) this summer. In some regions of the country, these coal supply constraints may lead to increased natural gas-fired electricity generation despite higher natural gas prices.
 

 

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