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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BC Hydro says three LNG companies continue to demand electricity, justifying Site C

BC Hydro LNG Load Forecast signals rising electricity demand from LNG Canada, Woodfibre, and Tilbury, aligning Site C dam capacity with BCUC review, hydroelectric supply, and a potential fourth project in feasibility study British Columbia.

 

Key Points

BC Hydro's projection of LNG-driven power demand, guiding Site C capacity, BCUC review, and grid planning.

✅ Includes LNG Canada, Woodfibre, and Tilbury load requests

✅ Aligns Site C hydroelectric output with industrial electrification

✅ Notes feasibility study for a fourth LNG project

 

Despite recent project cancellations, such as the Siwash Creek independent power project now in limbo, BC Hydro still expects three LNG projects — and possibly a fourth, which is undergoing a feasibility study — will need power from its controversial and expensive Site C hydroelectric dam.

In a letter sent to the British Columbia Utilities Commission (BCUC) on Oct. 3, BC Hydro’s chief regulatory officer Fred James said the provincially owned utility’s load forecast includes power demand for three proposed liquefied natural gas projects because they continue to ask the company for power.

The letter and attached report provide some detail on which of the LNG projects proposed in B.C. are more likely to be built, given recent project cancellations.

The documents are also an attempt to explain why BC Hydro continues to forecast a surge in electricity demand in the province, as seen in its first call for power in 15 years driven by electrification, even though massive LNG projects proposed by Malaysia’s state owned oil company Petronas and China’s CNOOC Nexen have been cancelled.

An explanation is needed because B.C.’s new NDP government had promised the BCUC would review the need for the $9-billion Site C dam, which was commissioned to provide power for the province’s nascent LNG industry, amid debates over alternatives like going nuclear among residents. The commission had specifically asked for an explanation of BC Hydro’s electric load forecast as it relates to LNG projects by Wednesday.

The three projects that continue to ask BC Hydro for electricity are Shell Canada Ltd.’s LNG Canada project, the Woodfibre LNG project and a future expansion of FortisBC’s Tilbury LNG storage facility.

None of those projects have officially been sanctioned but “service requests from industrial sector customers, including LNG, are generally included in our industrial load forecast,” the report noted, even as Manitoba Hydro warned about energy-intensive customers in a separate notice.

In a redacted section of the report, BC Hydro also raises the possibility of a fourth LNG project, which is exploring the need for power in B.C.

“BC Hydro is currently undertaking feasibility studies for another large LNG project, which is not currently included in its Current Load Forecast,” one section of the report notes, though the remainder of the section is redacted.

The Site C dam, which has become a source of controversy in B.C. and was an important election issue, is currently under construction and, following two new generating stations recently commissioned, is expected to be in service by 2024, a timeline which had been considered to provide LNG projects with power by the time they are operational.

BC Hydro’s letter to the BCUC refers to media and financial industry reports that indicate global LNG markets will require more supply by 2023.

“While there remains significant uncertainty, global LNG demand will continue to grow and there is opportunity for B.C. LNG,” the report notes.

 

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Expanding EV Charging Infrastructure in Calgary's Apartments and Condos

Calgary EV Charging for Apartments and Condos streamlines permitting for multi-unit dwellings, guiding condo boards and property managers to install EV charging stations, expand infrastructure, and advance sustainability with cleaner air and lower emissions.

 

Key Points

A Calgary program simplifying permits and guidance to add EV charging stations in multi-unit residential buildings.

✅ Streamlined permitting for condo boards and property managers

✅ Technical assistance to install EV charging stations

✅ Boosts property value and reduces emissions citywide

 

As the demand for electric vehicles (EVs) continues to rise, and as national EV targets gain traction, Calgary is taking significant strides to enhance its charging infrastructure, particularly in apartment and condominium complexes. A recent initiative has been introduced to facilitate the installation of EV charging stations in these residential buildings, addressing a critical barrier for potential EV owners living in multi-unit dwellings.

The Growing EV Market

Electric vehicles are no longer a niche market; they have become a mainstream option for many consumers. As of late 2023, EV sales have surged, with projections indicating that the trend will only continue. However, a significant challenge remains for those who live in apartments and condos, where high-rise charging can be a mixed experience and the lack of accessible charging stations persists. Unlike homeowners with garages, residents of multi-unit dwellings often rely on public charging infrastructure, which can be inconvenient and limiting.

The New Initiative

In response to this growing concern, the City of Calgary has launched a new initiative aimed at easing the process of installing EV chargers in apartment and condo buildings. This program is designed to streamline the permitting process, reduce red tape, and provide clear guidelines for property managers and condo boards, similar to strata installation rules adopted in other jurisdictions to ease installations.

The initiative includes various measures, such as providing technical assistance and resources to building owners and managers. By simplifying the installation process, the city hopes to encourage more residential complexes to adopt EV charging stations. The initiative also emphasizes practical support, such as providing technical assistance, including condo retrofit guidance, and resources to building owners and managers. This is a significant step towards creating an eco-friendly urban environment and meeting the growing demand for sustainable transportation options.

Benefits of the Initiative

The benefits of this initiative are manifold. Firstly, it supports Calgary's broader climate goals by promoting electric vehicle adoption. As more residents gain access to charging stations, the city can expect a corresponding reduction in greenhouse gas emissions, contributing to cleaner air and a healthier urban environment.

Additionally, providing charging infrastructure can enhance property values. Buildings equipped with EV chargers become more attractive to potential tenants and buyers who prioritize sustainability. As the market for electric vehicles expands, properties that offer charging facilities are likely to see increased demand, making them a sound investment for landlords and developers.

Overcoming Challenges

While this initiative marks a positive step forward, there are still challenges to address. Property managers and condo boards may face initial resistance from residents who are uncertain about the costs associated with installing and maintaining EV chargers, though rebates for home and workplace charging can offset upfront expenses and ease adoption. Clear communication about the long-term benefits, including potential energy savings and the value of sustainable living, will be essential in overcoming these hurdles.

Furthermore, the city will need to ensure that the installation of EV chargers is done in a way that is equitable and inclusive. This means considering the needs of all residents, including those who may not own an electric vehicle but would benefit from a greener community.

Looking Ahead

As Calgary moves forward with this initiative, it sets a precedent for other cities, as seen in Vancouver's EV-ready policy, facing similar challenges in promoting electric vehicle adoption. By prioritizing charging infrastructure in multi-unit residential buildings, Calgary is taking important steps towards a more sustainable future.

In conclusion, the push for EV charging stations in apartments and condos is a critical move for Calgary. It reflects a growing recognition of the role that urban planning and infrastructure play in supporting the transition to electric vehicles, which complements corridor networks like the BC Electric Highway for intercity travel. With the right support and resources, Calgary can pave the way for a greener, more sustainable urban landscape that benefits all its residents. As the city embraces this change, it will undoubtedly contribute to a broader shift towards sustainable living, ultimately helping to combat climate change and improve the quality of life for all Calgarians.

 

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Energy dashboard: how is electricity generated in Great Britain?

Great Britain electricity generation spans renewables and baseload: wind, solar, nuclear, gas, and biomass, supported by National Grid interconnectors, embedded energy estimates, and BMRS data for dynamic imports and exports across Europe.

 

Key Points

A diverse, weather-driven mix of renewables, gas, nuclear, and imports coordinated by National Grid.

✅ Baseload from nuclear and biomass; intermittent wind and solar

✅ Interconnectors trade zero carbon imports via subsea cables

✅ Data from BMRS and ESO covers embedded energy estimates

 

Great Britain has one of the most diverse ranges of electricity generation in Europe, with everything from windfarms off the coast of Scotland to a nuclear power station in Suffolk tasked with keeping the lights on. The increasing reliance on renewable energy sources, as part of the country’s green ambitions, also means there can be rapid shifts in the main source of electricity generation. On windy days, most electricity generation comes from record wind generation across onshore and offshore windfarms. When conditions are cold and still, gas-fired power stations known as peaking plants are called into action.

The electricity system in Great Britain relies on a combination of “baseload” power – from stable generators such as nuclear and biomass plants – and “intermittent” sources, such as wind and solar farms that need the right weather conditions to feed energy into the grid. National Grid also imports energy from overseas, through subsea cables known as interconnectors that link to France, Belgium, Norway and the Netherlands. They allow companies to trade excess power, such as renewable energy created by the sun, wind and water, between different countries. By 2030 it is hoped that 90% of the energy imported by interconnectors will be from zero carbon energy sources, though low-carbon electricity generation stalled in 2019 for the UK.

The technology behind Great Britain’s power generation has evolved significantly over the last century, and at times wind has been the main source of electricity. The first integrated national grid in the world was formed in 1935 linking seven regions of the UK. In the aftermath of industrialisation, coal provided the vast majority of power, before oil began to play an increasingly important part in the 1950s. In 1956, the world’s first commercial nuclear reactor, Calder Hall 1 at Windscale (later Sellafield), was opened by Queen Elizabeth II. Coal use fell significantly in the 1990s while the use of combined cycle gas turbines grew, and in 2016 wind generated more electricity than coal for the first time. Now a combination of gas, wind, nuclear and biomass provide the bulk of Great Britain’s energy, with smaller sources such as solar and hydroelectric power also used. From October 2024, coal will no longer be used to generate electricity, following coal-free power records set in recent years.

Energy generation data is fetched from the Balancing Mechanism Reporting Service public feed, provided by Elexon – which runs the wholesale energy market – and is updated every five minutes, covering periods when wind led the power mix as well.

Elexon’s data does not include embedded energy, which is unmetered and therefore invisible to Great Britain’s National Grid. Embedded energy comprises all solar energy and wind energy generated from non-metered turbines. To account for these figures we use embedded energy estimates from the National Grid electricity system operator, which are published every 30 minutes.

Import figures refer to the net flow of electricity from the interconnectors with Europe and with Northern Ireland. A positive value represents import into the GB transmission system, while a negative value represents an export.

Hydro figures combine renewable run-of-the-river hydropower and pumped storage.

Biomass figures include Elexon’s “other” category, which comprises coal-to-biomass conversions and biomass combined heat and power plants.

 

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Alberta Proposes Electricity Market Changes

Alberta Electricity Market Reforms aim to boost grid reliability and efficiency through a day-ahead market, transmission policy changes, clearer pricing signals, AESO oversight, and smarter siting near existing infrastructure to lower consumer costs.

 

Key Points

Policies add a day-ahead market and transmission fees to modernize the grid and improve reliability.

✅ Day-ahead market for clearer pricing and scheduling

✅ Up-front, non-refundable transmission payments by generators

✅ AESO to draft new rules by end of 2025

 

The Alberta government is implementing significant electricity policy changes to its electricity market to enhance system reliability and efficiency. These reforms aim to modernize the grid, accommodate growing energy demands, and align with best practices observed in other jurisdictions.

Proposed Market Reforms

The government has outlined several key initiatives:

  • Day-Ahead Market Implementation: Introducing a day-ahead market is intended to provide clearer pricing signals and improve the scheduling of electricity generation. This approach allows market participants to plan and commit to energy production in advance, enhancing grid stability.

  • Transmission Policy Revisions: The government proposes reforms to transmission policies, including the introduction of up-front and non-refundable transmission payments from new power generators. These payments would vary based on the proximity of new generators to existing transmission lines with available capacity. As part of a broader market overhaul, this strategy encourages the development of power plants in areas where existing infrastructure can be utilized, potentially reducing costs for consumers and businesses.

Government's Objectives

Minister of Affordability and Utilities, Nathan Neudorf, emphasized that these changes are necessary to meet growing energy demands and modernize Alberta’s electricity system. The government's goal is to create a more reliable and efficient electrical system that benefits both consumers and the broader economy.

Industry Reactions

The proposed reforms have elicited mixed reactions from industry stakeholders amid profound sector change across Alberta:

  • Renewable Energy Sector Concerns: The Canadian Renewable Energy Association (CanREA) has expressed concerns about the potential for punitive market and transmission changes, and some retailers have similarly urged caution. They advocate for policies that support the integration of renewable energy sources and ensure fair treatment within the market.

  • Regulatory Oversight: The Alberta Electric System Operator (AESO) is tasked with preparing restructured energy market rules by the end of 2025. This timeline reflects the government's commitment to a thorough and consultative approach to market reform.

Implications for Consumers

The Alberta government's proposed market changes aim to enhance the reliability and efficiency of the electricity system by considering measures such as a Rate of Last Resort to provide additional stability. By encouraging the development of power plants in areas with existing infrastructure, the reforms seek to reduce costs for consumers and businesses. However, the success of these initiatives will depend on careful implementation and ongoing engagement with all stakeholders to balance the diverse interests involved.

Alberta's proposed electricity market reforms represent a significant step toward modernizing the province's energy infrastructure. By introducing a day-ahead market and revising transmission policies, the government aims to create a more reliable and efficient electrical system and promote market competition more effectively. While these changes have generated diverse reactions, they underscore the government's commitment to addressing the evolving energy needs of Alberta's residents and businesses.

 

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New Texas will bill electric vehicle drivers an extra $200 a year

Texas EV Registration Fee adds a $200 annual charge under Senate Bill 505, offsetting lost gasoline tax revenue to the State Highway Fund, impacting electric vehicle owners at registration and renewals across Texas.

 

Key Points

A $200 yearly charge on electric vehicles to replace lost gasoline tax revenue and support Texas Highway Fund road work.

✅ $200 due at registration or renewal; $400 upfront on new EVs.

✅ Enacted by Senate Bill 505 to offset lost gasoline tax revenue.

✅ Advocates propose mileage-based fees; limited $2,500 rebates exist.

 

Plano resident Tony Federico bought his Tesla five years ago in part because he hated spending lots of money on gas, and Supercharger billing changes have also influenced charging expenses. But that financial calculus will change slightly on Sept. 1, when Texas will start charging electric vehicle drivers an additional fee of $200 each year.

“It just seems like it’s arbitrary, with no real logic behind it,” said Federico, 51, who works in information technology. “But I’m going to have to pay it.”

Earlier this year, state lawmakers passed Senate Bill 505, which requires electric vehicle owners to pay the fee when they register a vehicle or renew their registration, even as fights for control over charging continue among utilities, automakers and retailers. It’s being imposed because lawmakers said EV drivers weren’t paying their fair share into a fund that helps cover road construction and repairs across Texas.

The cost will be especially high for those who purchase a new electric vehicle and have to pay two years of registration, or $400, up front.

Texas agencies estimated in a 2020 report that the state lost an average of $200 per year in federal and state gasoline tax dollars when an electric vehicle replaced a gas-fueled one. The agencies called the fee “the most straightforward” remedy.

Gasoline taxes go to the State Highway Fund, which the Texas Department of Transportation calls its “primary funding source.” Electric vehicle drivers don’t pay those taxes, though, because they don’t use gasoline.

Still, EV drivers do use the roads. And while electric vehicles make up a tiny portion of cars in Texas for now, that fraction is expected to increase, raising concerns about state power grids in the years ahead.

Many environmental and consumer advocates agreed with lawmakers that EV drivers should pay into the highway fund but argued over how much, and debates over fairer vehicle taxes are surfacing abroad as well.

Some thought the state should set the fee lower to cover only the lost state tax dollars, rather than both the state and federal money, because federal officials may devise their own scheme. Others argued the state should charge nothing because EVs help reduce greenhouse gas emissions that drive climate change and can offer budget benefits for many owners.

“We urgently need to get more electric vehicles on the road,” said Luke Metzger, executive director of Environment Texas. “Any increased fee could create an additional barrier for Texans, and particularly more moderate- to low-income Texans, to make that transition.”

Tom “Smitty” Smith, the executive director of the Texas Electric Transportation Resources Alliance, advocated for a fee based on how many miles a person drove their electric car, which would better mirror how the gas taxes are assessed.

Texas has a limited incentive that could offset the cost: It offers rebates of up to $2,500 for up to 2,000 new hydrogen fuel cell, electric or hybrid vehicles every two years. Adrian Shelley, Public Citizen’s Texas office director, recommended that the state expand the rebates, noting that state-level EV benefits can be significant.

In the Houston area, dealer Steven Wolf isn’t worried about the fee deterring potential customers from buying the electric Ford F-150 Lightning and Mustang Mach-E vehicles he sells. Electric cars are already more expensive than comparable gasoline-fueled cars, and charging networks compete for drivers, he said.

 

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UAE’s nuclear power plant connects to the national grid in a major regional milestone

UAE Barakah Nuclear Plant connects Unit 1 to the grid, supplying clean electricity, nuclear baseload power, and lower carbon emissions, with IAEA oversight, FANR regulation, and South Korea collaboration, supporting energy security and economic diversification.

 

Key Points

The UAE Barakah Nuclear Plant is a four-reactor project delivering clean baseload power and reducing CO2.

✅ Unit 1 online; four reactors to supply 25% of UAE electricity

✅ Cuts 21 million tons CO2 annually; clean baseload for grid

✅ FANR-licensed; IAEA and WANO oversight ensure safety

 

Unit 1 of the UAE’s Barakah plant — the Arab world’s first nuclear energy plant in the region — has connected to the national power grid, in a historic moment enabling it to provide cleaner electricity to millions of residents and help reduce the oil-rich country’s reliance on fossil fuels. 

“This is a major milestone, we’ve been planning for this for the last 12 years now,” Mohamed Al Hammadi, CEO of Emirates Nuclear Energy Corporation (ENEC), told CNBC’s Dan Murphy in an exclusive interview ahead of the news.

Unit 1, which has reached 100% power as it steps closer to commercial operations, is the first of what will eventually be four reactors, which when fully operational are expected to provide 25% of the UAE’s electricity and reduce its carbon emissions by 21 million tons a year, according to ENEC. That’s roughly equivalent to the carbon emissions of 3.2 million cars annually.

The Gulf country of nearly 10 million is the newest member of a group of now 31 countries running nuclear power operations. It’s also the first new country to launch a nuclear power plant in three decades, the last being China’s nuclear energy program in 1990.

“The UAE has been growing from an electricity demand standpoint,”  Al Hammadi said. “That’s why we are trying to meet the demand (and) at the same time have it with less carbon emissions.”

The UAE’s electricity mix will continue to include gas and renewable energy, with “the baseload from nuclear,” including emerging next-gen nuclear designs, the CEO added, which he described as a “safe, clean and reliable source of electricity” for the country.

The project is also providing “highly compensated jobs” for the Emiratis and will introduce new industries for the country’s economy, Al Hammadi said. The company noted that it has awarded roughly 2,000 contracts worth more than $4.8 billion for local companies.

International collaboration
The UAE’s nuclear watchdog FANR, the Federal Authority for Nuclear Regulation, granted the operating license for Unit 1 in February, after an extensive inspection process to ensure the plant’s compliance with regulatory requirements. The license is expected to last 60 years. The program also involved collaboration with external bodies including the U.N.’s International Atomic Energy Agency (IAEA) and the government of South Korea, and its pre-start-up review was completed in January by the World Association of Nuclear Operators (WANO). The WANO and the IAEA have conducted over 40 inspection and review missions at Barakah.   

But the project has its critics, particularly some experts from the independent Nuclear Consulting Group non-profit, who have expressed concern about Barakah’s safety features and potential environmental risks.  

In response, ENEC said the “adherence to the highest standards of safety, quality and security is deeply embedded within the fabric of the UAE Peaceful Nuclear Energy Program.”

“The Barakah Plant meets all national and international regulatory requirements and standards for nuclear safety,” a  company statement said. It added that the reactor design had been certified by the Korea Institute of Nuclear Safety, FANR and the US-based Nuclear Regulatory Commission, “demonstrating the robustness of this design for safety and operating reliability.”

Worries of regional proliferation 
The achievement for the UAE is particularly significant given tensions in the wider region over nuclear proliferation. 

Some observers have warned of a regional arms race, though the UAE already partakes in what nuclear energy experts call the “gold standard” of civilian nuclear partnerships: The U.S.-UAE 123 Agreement for Peaceful Civilian Nuclear Energy Cooperation. It allows the UAE to receive nuclear materials, equipment and know-how from the U.S. while precluding it from developing dual-use technology by barring uranium enrichment and fuel reprocessing, the processes required for building a bomb.

By contrast, nearby Iran has suspended its compliance to the multilateral 2015 deal that regulated its nuclear power development and many fear its approach toward bomb-making capability. Meanwhile, Saudi Arabia has voiced its desire to develop a nuclear energy program without adhering to a 123 agreement.

And most recently, in the wake of a historic deal that has seen the UAE become the first Gulf country to normalize relations with Israel, Iran responded by warning the agreement would bring a “dangerous future” for the Emirati government. 

But ENEC and UAE officials emphasize the program’s commitment to safety, transparency and international cooperation, and its necessity for meeting growing electricity demand by cleaner means. 

“The nuclear industry is growing, with milestones around the world being reached, and the UAE is no exception. We are pursuing our electricity demand to meet that in a safe, secure and stable manner, and also doing it in an environmentally friendly way,” Al Hammadi said.

“Having four reactors that will provide 25% of electricity for the nation and will avoid us emitting 21 million tons of CO2 on an annual basis, as part of a broader green industrial revolution approach, is a very serious step to take — and the UAE is not talking about it, it is doing it, and we are reaping the benefits of it as we speak right now.”

 

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