NB Power rejected compensation in 2002

Ontario NDP Hydro Plan proposes ending time-of-use pricing, buying back Hydro One, lowering electricity rates, curbing rural delivery fees, and restoring public ownership to ease household bills amid debates with PCs and Liberals over costs.

Key Points

A plan to end time-of-use pricing, buy back Hydro One, and cut bills via public ownership and fair delivery fees.

✅ End time-of-use pricing; normal schedules without penalties

✅ Repurchase Hydro One; restore public ownership

✅ Cap rural delivery fees; address oversupply to cut rates

Ontario NDP leader Andrea Horwath says her party’s hydro plan will reduce families’ electricity bills, a theme also seen in Manitoba Hydro debates and the NDP is the only choice to get Hydro One back in public hands.

Howarth outlined the plan Saturday morning outside the home of a young family who say they struggle with their electricity bills — in particular over the extra laundry they now have after the birth of their twin boys.

An NDP government would end time-of-use pricing, which charges higher rates during peak times and lower rates after hours, “so that people aren’t punished for cooking dinner at dinner time,” Horwath said at a later campaign stop in Orillia, “so people can live normal lives and still afford their hydro bill.”

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An NDP government would end time-of-use pricing, which gives lower rates for off-peak usage, Howarth said, separate from a recent subsidized hydro plan during COVID-19. The change would mean families wouldn't be "forced to wait until night when the pricing is lower to do laundry," and wouldn't have to rearrange their lives around chores.

The pricing scheme was supposed to lower prices and help smooth out demand for electricity, especially during peak times, but has failed, she said.

In order to lower hydro bills, Horwath said an NDP government would buy back shares of Hydro One sold off under the Wynne government, which she said has led to high prices and exorbitant executive pay among executives. The NDP plan would also make sure rural families do not pay more in delivery fees than city dwellers, and curb the oversupply of energy to bring prices down.

Critics have said the NDP plan is too costly and will take a long time to implement, and investors see too many unknowns about Hydro One.

"The NDP's plan to buy back Hydro One and continue moving forward with a carbon tax will cost taxpayers billions," said Melissa Lantsman, a spokesperson for PC Leader Doug Ford.

"Only Doug Ford has a plan to reduce hydro rates and put money back in people's pockets. We'll reduce your hydro bill by 12 per cent."

Ford has said he will fire Hydro One CEO Mayo Schmidt, and has dubbed him the $6-million-dollar man.

Horwath has said both Ford and Liberal Leader Kathleen Wynne will end up costing Ontarians more in electricity if one of them is elected come June 7. Their "hydro scheme is the wrong plan," she said.

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UK low-carbon electricity 2019 saw stalled growth as renewables rose slightly, wind expanded, nuclear output fell, coal hit record lows, and net-zero targets demand faster deployment to cut CO2 intensity below 100gCO2/kWh.

Key Points

Low-carbon sources supplied 54% of UK power in 2019, up just 1TWh; wind grew, nuclear fell, and coal dropped to 2%.

✅ Wind up 8TWh; nuclear down 9TWh amid outages

✅ Fossil fuels 43% of generation; coal at 2%

✅ Net-zero needs 15TWh per year added to 2030

The amount of electricity generated by low-carbon sources in the UK stalled in 2019, Carbon Brief analysis shows.

Low-carbon electricity output from wind, solar, nuclear, hydro and biomass rose by just 1 terawatt hour (TWh, less than 1%) in 2019. It represents the smallest annual increase in a decade, where annual growth averaged 9TWh. This growth will need to double in the 2020s to meet UK climate targets while replacing old nuclear plants as they retire.

Some 54% of UK electricity generation in 2019 came from low-carbon sources, including 37% from renewables and 20% from wind alone, underscoring wind's leading role in the power mix during key periods. A record-low 43% was from fossil fuels, with 41% from gas and just 2% from coal, also a record low. In 2010, fossil fuels generated 75% of the total.

Carbon Brief’s analysis of UK electricity generation in 2019 is based on figures from BM Reports and the Department for Business, Energy and Industrial Strategy (BEIS). See the methodology at the end for more on how the analysis was conducted.

The numbers differ from those published earlier in January by National Grid, which were for electricity supplied in Great Britain only (England, Wales and Scotland, but excluding Northern Ireland), including via imports from other countries.

Low-carbon low
In 2019, the UK became the first major economy to target net-zero greenhouse gas emissions by 2050, increasing the ambition of its legally binding Climate Change Act.

To date, the country has cut its emissions by around two-fifths since 1990, with almost all of its recent progress coming from the electricity sector.

Emissions from electricity generation have fallen rapidly in the decade since 2010 as coal power has been almost phased out and even gas output has declined. Fossil fuels have been displaced by falling demand and by renewables, such as wind, solar and biomass.

But Carbon Brief’s annual analysis of UK electricity generation shows progress stalled in 2019, with the output from low-carbon sources barely increasing compared to a year earlier.

The chart below shows low-carbon generation in each year since 2010 (grey bars) and the estimated level in 2019 (red). The pale grey bars show the estimated future output of existing low-carbon sources after old nuclear plants retire and the pale red bars show the amount of new generation needed to keep electricity sector emissions to less than 100 grammes of CO2 per kilowatt hour (gCO2/kWh), the UK’s nominal target for the sector.

 Annual electricity generation in the UK by fuel, terawatt hours, 2010-2019. Top panel: fuel by fuel. Bottom panel: cumulative total generation from all sources. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
As the chart shows, the UK will require significantly more low-carbon electricity over the next decade as part of meeting its legally binding climate goals.

The nominal 100gCO2/kWh target for 2030 was set in the context of the UK’s less ambitious goal of cutting emissions to 80% below 1990 levels by 2050. Now that the country is aiming to cut emissions to net-zero by 2050, that 100gCO2/kWh indicator is likely to be the bare minimum.

Even so, it would require a rapid step up in the pace of low-carbon expansion, compared to the increases seen over the past decade. On average, low-carbon generation has risen by 9TWh each year in the decade since 2010 – including a rise of just 1TWh in 2019.

Given scheduled nuclear retirements and rising demand expected by the Committee on Climate Change (CCC) – with some electrification of transport and heating – low-carbon generation would need to increase by 15TWh each year until 2030, just to meet the benchmark of 100gCO2/kWh.

For context, the 3.2 gigawatt (GW) Hinkley C new nuclear plant being built in Somerset will generate around 25TWh once completed around 2026. The world’s largest offshore windfarm, the 1.2GW Hornsea One scheme off the Yorkshire coast, will generate around 5TWh each year.

The new Conservative government is targeting 40GW of offshore wind by 2030, up from today’s figure of around 8GW. If policies are put in place to meet this goal, then it could keep power sector emissions below 100gCO2/kWh, depending on the actual performance of the windfarms built.

However, new onshore wind and solar, further new nuclear or other low-carbon generation, such as gas with carbon capture and storage (CCS), is likely to be needed if demand is higher than expected, or if the 100gCO2/kWh benchmark is too weak in the context of net-zero by 2050.

The CCC says it is “likely” to “reflect the need for more rapid deployment” of low-carbon towards net-zero emissions in its advice on the sixth UK carbon budget for 2033-2037, due in September.

Trading places
Looking more closely at UK electricity generation in 2019, Carbon Brief’s analysis shows why there was so little growth for low-carbon sources compared to the previous year.

There was another increase for wind power in 2019 (up 8TWh, 14%), with record wind generation as several large new windfarms were completed including the 1.2GW Hornsea One project in October and the 0.6GW Beatrice offshore windfarm in Q2 of 2019. But this was offset by a decline for nuclear (down 9TWh, 14%), due to ongoing outages for reactors at Hunterston in Scotland and Dungeness in Kent.

(Analysis of data held by trade organisation RenewableUK suggests some 0.6GW of onshore wind capacity also started operating in 2019, including the 0.2GW Dorenell scheme in Moray, Scotland.)

As a result of these movements, the UK’s windfarms overtook nuclear for the first time ever in 2019, becoming the country’s second-largest source of electricity generation, and earlier, wind and solar together surpassed nuclear in the UK as momentum built. This is shown in the figure below, with wind (green line, top panel) trading places with nuclear (purple) and gas (dark blue) down around 25% since 2010 but remaining the single-largest source.

 Annual electricity generation in the UK by fuel, terawatt hours, 2010-2019. Top panel: fuel by fuel. Bottom panel: cumulative total generation from all sources. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
The UK’s currently suspended nuclear plants are due to return to service in January and March, according to operator EDF, the French state-backed utility firm. However, as noted above, most of the UK’s nuclear fleet is set to retire during the 2020s, with only Sizewell B in Suffolk due to still be operating by 2030. Hunterston is scheduled to retire by 2023 and Dungeness by 2028.

Set against these losses, the UK has a pipeline of offshore windfarms, secured via “contracts for difference” with the government, at a series of auctions. The most recent auction, in September 2019, saw prices below £40 per megawatt hour – similar to current wholesale electricity prices.

However, the capacity contracted so far is not sufficient to meet the government’s target of 40GW by 2030, meaning further auctions – or some other policy mechanism – will be required.

Coal zero
As well as the switch between wind and nuclear, 2019 also saw coal fall below solar for the first time across a full year, echoing the 2016 moment when wind outgenerated coal across the UK, after it suffered another 60% reduction in electricity output. Just six coal plants remain in the UK, with Aberthaw B in Wales and Fiddlers Ferry in Cheshire closing in March.

Coal accounted for just 2% of UK generation in 2019, a record-low coal share since centralised electricity supplies started to operate in 1882. The fuel met 40% of UK needs as recently as 2012, but has plummeted thanks to falling demand, rising renewables, cheaper gas and higher CO2 prices.

The reduction in average coal generation hides the fact that the fuel is now often not required at all to meet the UK’s electricity needs. The chart below shows the number of days each year when coal output was zero in 2019 (red line) and the two previous years (blue).

 Cumulative number of days when UK electricity generation from renewable sources has been higher than that from fossil fuels. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
The 83 days in 2019 with zero coal generation amount to nearly a quarter of the year and include the record-breaking 18-day stretch without the fuel.

Great Britain has been running for a record TWO WEEKS without using coal to generate electricity – the first time this has happened since 1882.

The country’s grid has been coal-free for 45% of hours in 2019 so far.https://www.carbonbrief.org/countdown-to-2025-tracking-the-uk-coal-phase-out …

Coal generation was set for significant reductions around the world in 2019 – including a 20% reduction for the EU as a whole – according to analysis published by Carbon Brief in November.

Notably, overall UK electricity generation fell by another 9TWh in 2019 (3%), bringing the total decline to 58TWh since 2010. This is equivalent to more than twice the output from the Hinkley C scheme being built in Somerset. As Carbon Brief explained last year, falling demand has had a similar impact on electricity-sector CO2 emissions as the increase in output from renewables.

This is illustrated by the fact that the 9TWh reduction in overall generation translated into a 9TWh (6%) cut in fossil-fuel generation during 2019, with coal falling by 10TWh and gas rising marginally.

Increasingly renewable
As fossil-fuel output and overall generation have declined, the UK’s renewable sources of electricity have continued to increase. Their output has risen nearly five-fold in the past decade and their share of the UK total has increased from 7% in 2010 to 37% in 2019.

As a result, the UK’s increasingly renewable grid is seeing more minutes, hours and days during which the likes of wind, solar and biomass collectively outpace all fossil fuels put together, and on some days wind is the main source as well.

The chart below shows the number of days during each year when renewables generated more electricity than fossil fuels in 2019 (red line) and each of the previous four years (blue lines). In total, nearly two-fifths of days in 2019 crossed this threshold.

 Cumulative number of days when the UK has not generated any electricity from coal. Source: BEIS energy trends, BM Reports and Carbon Brief analysis. Chart by Carbon Brief using Highcharts.
There were also four months in 2019 when renewables generated more of the UK’s electricity than fossil fuels: March, August, September and December. The first ever such month came in September 2018 and more are certain to follow.

National Grid, which manages Great Britain’s high-voltage electricity transmission network, is aiming to be able to run the system without fossil fuels by 2025, at least for short periods. At present, it sometimes has to ask windfarm operators to switch off and gas plants to start running in order to keep the electricity grid stable.

Note that biomass accounted for 11% of UK electricity generation in 2019, nearly a third of the total from all renewables. Some two-thirds of the biomass output is from “plant biomass”, primarily wood pellets burnt at Lynemouth in Northumberland and the Drax plant in Yorkshire. The remainder was from an array of smaller sites based on landfill gas, sewage gas or anaerobic digestion.

The CCC says the UK should “move away” from large-scale biomass power plants, once existing subsidy contracts for Drax and Lynemouth expire in 2027.

Using biomass to generate electricity is not zero-carbon and in some circumstances could lead to higher emissions than from fossil fuels. Moreover, there are more valuable uses for the world’s limited supply of biomass feedstock, the CCC says, including carbon sequestration and hard-to-abate sectors with few alternatives.

Methodology
The figures in the article are from Carbon Brief analysis of data from BEIS Energy Trends chapter 5 and chapter 6, as well as from BM Reports. The figures from BM Reports are for electricity supplied to the grid in Great Britain only and are adjusted to include Northern Ireland.

In Carbon Brief’s analysis, the BM Reports numbers are also adjusted to account for electricity used by power plants on site and for generation by plants not connected to the high-voltage national grid. This includes many onshore windfarms, as well as industrial gas combined heat and power plants and those burning landfill gas, waste or sewage gas.

By design, the Carbon Brief analysis is intended to align as closely as possible to the official government figures on electricity generated in the UK, reported in BEIS Energy Trends table 5.1.

Briefly, the raw data for each fuel is in most cases adjusted with a multiplier, derived from the ratio between the reported BEIS numbers and unadjusted figures for previous quarters.

Carbon Brief’s method of analysis has been verified against published BEIS figures using “hindcasting”. This shows the estimates for total electricity generation from fossil fuels or renewables to have been within ±3% of the BEIS number in each quarter since Q4 2017. (Data before then is not sufficient to carry out the Carbon Brief analysis.)

For example, in the second quarter of 2019, a Carbon Brief hindcast estimates gas generation at 33.1TWh, whereas the published BEIS figure was 34.0TWh. Similarly, it produces an estimate of 27.4TWh for renewables, against a BEIS figure of 27.1TWh.

National Grid recently shared its own analysis for electricity in Great Britain during 2019 via its energy dashboard, which differs from Carbon Brief’s figures.

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California fossil fuel grid reliability plan addresses heat wave demand, rolling blackouts, and grid stability by temporarily procuring gas generation while accelerating renewables, storage, and transmission to meet clean energy and carbon-neutral targets by 2045.

Key Points

A stop-gap policy to prevent blackouts by buying fossil power while fast-tracking renewables, storage, and grid upgrades.

✅ Temporary procurement of gas to avoid rolling blackouts

✅ Accelerates renewables, storage, transmission permitting

✅ Aims for carbon neutrality by 2045 without new gas plants

California wants to quit fossil fuels. Just not yet Faced with a fragile electrical grid and the prospect of summertime blackouts, the state agreed to put aside hundreds of millions of dollars to buy power from fossil fuel plants that are scheduled to shut down as soon as next year.

That has prompted a backlash from environmental groups and lawmakers who say Democratic Gov. Gavin Newsom’s approach could end up extending the life of gas plants that have been on-track to close for more than a decade and could threaten the state’s goal to be carbon neutral by 2045.

“The emphasis that the governor has been making is ‘We’re going to be Climate Leaders; we’re going to do 100 percent clean energy; we’re going to lead the nation and the world,’” said V. John White, executive director of the Sacramento-based Center for Energy Efficiency and Renewable Technologies, a non-profit group of environmental advocates and clean energy companies. “Yet, at least a part of this plan means going the opposite direction.”

That plan was a last-minute addition to the state’s energy budget, which lawmakers in the Democratic-controlled Legislature reluctantly passed. Backers say it’s necessary to avoid the rolling blackouts like the state experienced during a heat wave in 2020. Critics see a muddled strategy on energy, and not what they expected from a nationally ambitious governor who has made climate action a centerpiece of his agenda.

The legislation, which some Democrats labeled as “lousy” and “crappy,” reflects the reality of climate change. Heat waves are already straining power capacity, and the transition to cleaner energy isn’t coming fast enough to meet immediate needs in the nation’s most populous state.

Officials have warned that outages would be possible this summer, as the grid faces heat wave tests again, with as many as 3.75 million California homes losing power in a worst-case scenario of a West-wide heat wave and insufficient electrical supplies, particularly in the evenings.

It’s also an acknowledgment of the political reality that blackout politics are hazardous to elected officials, even in a state dominated by one party.

Newsom emphasized that the money to prop up the power grid, part of a larger $4.3 billion energy spending package, is meant as a stop-gap measure. The bill allows the Department of Water Resources to spend $2.2 billion on “new emergency and temporary generators, new storage systems, clean generation projects, and funding on extension of existing generation operations, if any occur,” the governor said in a statement after signing the bill.

“Action is needed now to maintain reliable energy service as the State accelerates the transition to clean energy,” Newsom said.

Following the signing, the governor called for the state California Air Resources Board to add a set of ambitious goals to its 2022 Scoping Plan, which lays out California’s path for reducing carbon emissions.

Among Newsom’s requested changes is a move away from fossil fuels, asking state agencies to prepare for an energy transition that avoids the need for new natural gas plants.

Alex Stack, a spokesman for the governor, said in a statement that California has been a global leader in reducing pollution and exporting energy policies across Western states, and pointed to Newsom’s recent letter to the Air Resources Board as well as one sent to President Joe Biden outlining how states can work with the federal government to combat climate change.

“California took action to streamline permitting for clean energy projects to accelerate the build out of clean energy that is needed to meet our climate goals and help maintain reliability in the face of extreme heat, wildfires, and drought,” Stack said.

But the prospect of using state money on fossil fuel power, even in the short term, has raised ire among the state’s many environmental advocacy groups, and raised questions about whether California will be able to achieve its goals.

“What is so frustrating about an energy bill like this is that we are at crunch time to meet these goals,” said Mary Creasman, CEO of California Environmental Voters. “And we’re investing a scale of funding into things that exacerbate those goals.”
 
Emmanuelle Chriqui and Mary Creasman speak during the 2021 Environmental Media Association IMPACT Summit at Pendry West Hollywood on September 2, 2021 in West Hollywood, California. | Jesse Grant/Getty Images for Environmental Media Association

With climate change-induced drought and high temperatures continuing to ravage the West, California anticipates the demand on the grid will only continue to grow. Despite more than a decade of bold posturing and efforts to transition to solar, wind and hydropower, the state worries it doesn’t have enough renewable energy sources on hand to keep the power on in an emergency right now, amid a looming shortage that will test reliability.

The specter of power outages poses a hazard to Newsom, and Democrats in general, especially ahead of November. While the governor is widely expected to sail to reelection, rolling blackouts are a serious political liability — in 2003, they were the catalyst for recalling Democratic Gov. Gray Davis. A lack of power isn’t just about people sweating in the dark, said Steven Maviglio, a longtime Democratic consultant who served as communications director for Davis, it can affect businesses, travel and have an outsized impact on the economy.

It behooves any state official to keep the power on, but, unlike Davis, Newsom is under serious pressure to make sure the state also adheres to its climate goals.

“Gavin Newsom’s brand is based on climate change and clean air, so it’s a little more difficult for him to say ‘well that’s not as important as keeping the power on,’” Maviglio said.

The same bill effectively ends local government control over those projects, for the time being. It hopes to speed up the state’s production of renewable energy sources by giving exclusive authority over the siting of those projects to a single state agency for the next seven years.

Environmental advocates say the state is now scrambling to address an issue they’ve long known was coming. In 2010, California officials set a schedule to retire a number of coastal gas plants that rely on what’s known as once-through cooling systems, which are damaging to the environment, especially marine life, even as regulators weigh more power plants to maintain reliability today. Many of those plants have been retired since 2010, but others have received extensions.

The remaining plants have various deadlines for when they must cease operations, with the soonest being the end of 2023.

Also at issue is the embattled Diablo Canyon nuclear power plant, California’s largest electricity source. The Pacific Gas & Electric-owned plant is scheduled to close in 2025, but the strain on the grid has officials considering the possibility of seeking an extension. Newsom said earlier this spring he would be open to extending the life of the plant. Doing so would also require federal approval.

Al Muratsuchi stands and talks into a microphone with a mask on. 
Assemblyman Al Muratsuchi speaks during an Assembly session in Sacramento, Calif., on Jan. 31, 2022. | Rich Pedroncelli/AP Photo

The International Brotherhood of Electrical Workers 1245, a labor union, sees the energy package as a way to preserve Diablo Canyon, and jobs at the plant.

“The value to 1245 PG&E members at Diablo Canyon is clear — funding to keep the plant open,” the union said of the bill.

Assemblymember Al Muratsuchi (D-Los Angeles) criticized the bill as “crappy” when it came to the floor in late June, describing it as “a rushed, unvetted and fossil-fuel-heavy response” to the state’s need to bolster the grid.

“The state has had over 12 years to procure and bring online renewable energy generation to replace these once through cooling gas power plants,” Muratsuchi said. “Yet, the state has reneged on its promise to shut down these plants, not once, but twice already.”

Not all details of the state’s energy budget are final. Lawmakers still have $3.8 billion to allocate when they return on Aug. 1 for the final stretch of the year.

Creasman, at California Environmental Voters, said she wants lawmakers to set specific guidelines for how and where it will spend the $2.2 billion when they return in August to dole out the remaining money in the budget. Newsom and legislators also need to ensure that this is the last time California has to spend money on fossil fuel, she said.

“Californians deserve to see what the plan is to make sure we’re not in this position again of having to choose between making climate impacts worse or keeping our lights on,” Creasman said. “That’s a false choice.”

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Renewable Electricity Generation is accelerating the shift from fossil fuels, as wind, solar, and hydro boost the electric power sector, lowering emissions and overtaking nuclear while displacing coal and natural gas in the U.S. grid.

Key Points

Renewable electricity generation is power from non-fossil sources like wind, solar, and hydro to cut emissions.

✅ Driven by wind, solar, and hydro adoption

✅ Reduces fossil fuel dependence and emissions

✅ Increasing share in the electric power sector

The transition to electric vehicles is largely driven by a need to reduce our reliance on fossil fuels and reduce emissions associated with burning fossil fuels, while declining US electricity use also shapes demand trends in the power sector. In 2021, 40% of the electricity produced by the electric power sector was derived from non-fossil fuel sources.

Since 2007, the increase in non-fossil fuel sources has been largely driven by “Other Renewables” which is predominantly wind and solar. This has resulted in renewables (including hydroelectric) overtaking nuclear power’s share of electricity generation in 2021 for the first time since 1984. An increasing share of electricity generation from renewables has also led to a declining share of electricity from fossil fuel sources like coal, natural gas, and petroleum, with renewables poised to eclipse coal globally as deployment accelerates.

Includes net generation of electricity from the electric power sector only, and monthly totals can fluctuate, as seen when January power generation jumped on a year-over-year basis.

Net generation of electricity is gross generation less the electrical energy consumed at the generating station(s) for station service or auxiliaries, and the projected mix of sources is sensitive to policies and natural gas prices over time. Electricity for pumping at pumped-storage plants is considered electricity for station service and is deducted from gross generation.

“Natural Gas” includes blast furnace gas and other manufactured and waste gases derived from fossil fuels, while in the UK wind generation exceeded coal for the first time in 2016.

“Other Renewables” includes wood, waste, geo-thermal, solar and wind resources among others.

“Other” category includes batteries, chemicals, hydrogen, pitch, purchased steam, sulfur, miscellaneous technologies, and, beginning in 2001, non-renewable waste (municipal solid waste from non-biogenic sources, and tire-derived fuels), noting that trends vary by country, with UK low-carbon generation stalling in 2019.

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DOE Grid Resilience Pricing Rule faces FERC review as energy groups challenge an expedited timeline to reward coal and nuclear for reliability in wholesale markets, impacting natural gas, renewables, baseload economics, and grid pricing.

Key Points

A DOE proposal directing FERC to compensate coal and nuclear plants for reliability attributes in wholesale markets.

✅ Industry coalition seeks normal FERC timeline and review

✅ Impacts wholesale pricing, baseload economics, reliability

✅ Request for 90-day comments and reply period

A coalition of 11 industry groups is pushing back on Energy Secretary Rick Perry's efforts to quickly implement a major change to the way electric power is priced in the United States.

The Energy Department on Friday proposed a rule that stands to bolster coal and nuclear power plants by forcing the regional markets that set electricity prices to compensate them for the reliability they provide. Perry asked the Federal Energy Regulatory Commission to consider and finalize the rule within 60 days, including a 45-day period during which stakeholders can issue comments.

On Monday, groups representing petroleum, natural gas, electric power and renewable energy interests including ACORE urged FERC to reject the expedited process, as well as the Department of Energy's request that the regulatory commission consider putting in place an interim rule.

They say the time frame is "aggressive" and the department didn't provide adequate justification for fast-tracking a process that could have huge impacts on wholesale electricity markets.

"This is one of the most significant proposed rules in decades related to the energy industry and, if finalized, would unquestionably have significant ramifications for wholesale markets under the Commission's jurisdiction," the groups said in the motion filed with FERC.

"The Energy Industry Associations urge the Commission to reject the proposed unreasonable timelines and instead proceed in a manner that would afford meaningful consideration of public comments and be consistent with the normal deliberative process that it typically affords such major undertakings," they said.

The groups are requesting a 90-day comment period, as well as another period for reply comments. FERC, which has authority to regulate interstate transmission and sale of electricity and natural gas, is not required to decide in favor of the rule but, amid a recent FERC decision that drew industry criticism, must consider it.

Expediting the process or imposing an interim rule is generally limited to emergencies, the groups said. The Energy Department's letter to FERC does not even attempt to establish that an immediate threat to U.S. electricity reliability exists, they allege.

• A coalition of energy industry groups asked regulators to reject a rule proposed by the U.S. Department of Energy on Friday.
• The rule would bolster coal-fired and nuclear power plants by requiring wholesale markets to compensate them for certain attributes.
• The groups say the Energy Department proposed "unreasonable timelines" for stakeholders to offer feedback on a rule with "significant ramifications for wholesale markets."

The groups cite a recent Energy Department report on grid reliability that concluded: "reliability is adequate today despite the retirement of 11 percent of the generating capacity available in 2002, as significant additions from natural gas, wind, and solar have come online since then."

The Department of Energy did not return a request for comment.

The Energy Department's rule marks a flashpoint in the battle between natural gas-fired and renewable energy and so-called baseload power sources like coal and nuclear.

Separately, coal and business groups have supported the EPA in litigation over the Affordable Clean Energy rule, as documented in legal challenges brought during the rule's defense.

Gas, wind and solar power have eaten into coal and nuclear's share of U.S. electric power generation in recent years. That is thanks to a boom in U.S. gas production that has pushed down prices, the rapid adoption of subsidized renewable energy and President Barack Obama's efforts to mitigate emissions from power plants, which the Trump administration has sought to replace with a tune-up as policies shift.

Electric power is priced in deregulated, wholesale markets in many parts of the country. Utilities typically draw on the cheapest power sources first.

Some worry that the retirement of coal-fired and nuclear power plants undermines the nation's ability to reliably and affordably deliver electricity to households and businesses.

President Donald Trump has vowed to revive the ailing coal industry, declaring an end to the 'war on coal' in public remarks. Trump, Perry and other administration officials reject the consensus among climate scientists that carbon emissions from sources like coal-fired plants are the primary cause of global warming.

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ERCOT Winter Capacity RFP seeks up to 3,000 MW through generation and demand response to bolster Texas grid reliability during peak load, leveraging Reliability Must-Run, incentive factors, and EEA risk mitigation for the 2023-24 season.

Key Points

An ERCOT initiative to procure 3,000 MW of generation and demand response to reduce EEA risk and improve reliability.

✅ Targets 3,000 MW from generation and demand response

✅ Uses RMR-style contracts with flexible incentive factors

✅ Aims to lower EEA probability below 10% this winter

The Electric Reliability Council of Texas (ERCOT) issued a request for proposals to stakeholders to procure up to 3,000 MW of generation or demand response capacity to meet load and reserve requirements during the winter 2023-24 peak load season (Dec. 1, 2023, through Feb. 29, 2024), amid ongoing Texas power grid challenges across the region.

ERCOT cited “several factors, including significant peak load growth since last winter, recent and proposed retirements of dispatchable Generation Resources, and recent extreme winter weather events, including Winter Storm Elliott in December 2022, Winter Storm Uri in February 2021, and the 2018 and 2011 winter storms, each of which resulted in abnormally high demand during winter weather.” It now seeks additional capacity under its “authority to prevent an anticipated Emergency Condition,” reflecting nationwide blackout risks identified by grid experts.

In its notice regarding the RFP, ERCOT identified a number of mothballed and recently decommissioned generation resources that may be eligible to offer capacity under the RFP. It further stated that offers must comport with the format of its “Reliability Must-Run” agreement but could include a proposed “Incentive Factor” that reflects the revenues the unit owners determine would be necessary to bring the unit back to operation. It added that the Incentive Factor is not necessarily limited to 10%. Providers of eligible demand response can submit offers based on similar principles that are not necessarily constrained by cost. The notice identifies potential acceptable sources of demand response, describes certain parameters for the kinds of demand response that are permitted to respond to the RFP, and outlines the time periods during which ERCOT must be able to deploy the demand response resources to improve electricity reliability across the system.

To meet the Dec. 1, 2023, service start date, ERCOT developed an aggressive timeline to solicit and evaluate proposals through the RFP. Responses to the RFP are due Nov. 6, 2023. ERCOT’s schedule provides that it will notify market participants that obtain awards on Nov. 23, 2023. Expect contracts to be executed by Nov. 30, 2023.

Unlike Regional Transmission Organizations in the Northeastern United States, ERCOT does not have a capacity market. Instead, ERCOT relies on a high price cap of $5,000 per MWh for its energy market (decreased from the $9,000 per MWh cap in effect during Winter Storm Uri) and an Operating Reserve Demand Curve adder that pays additional funds to generators supplying power and ancillary services, an area recently scrutinized for improper payments when supply conditions are tight. In the wake of Winter Storm Uri, some calls were made to have ERCOT adopt a capacity market for reliability reasons, and a number of legal battles continue to play out in the wake of Winter Storm Uri. (See recent McGuireWoods legal alert “Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas.”) Though a capacity market was not adopted, the Texas Legislature approved a $7.2 billion loan program, widely described as an electricity market bailout for generators, to build up to 10,000 MW of dispatchable generation. The legislature also approved a version of the Public Utility Commission of Texas’ proposal to establish a “Performance Credit Mechanism,” but with a cost cap of $1 billion.

The loss of life and economic impacts of Winter Storm Uri in 2021, along with the energy crunches and calls for conservation this past summer, are driving changes to ERCOT’s “energy-only” market, including electricity market reforms under consideration. Texas policymakers are providing multiple financial incentives to promote investment in dispatchable on-demand generation, and voters will consider funding to modernize generation measures this year to make the Texas grid more reliable and able to deal with power demand from a growing economy and increased demand for electricity driven by weather. In the meantime, ERCOT’s plan to procure 3,000 MW through this RFP process is a stopgap measure intended to bolster reliability for the upcoming winter season and lower the probability of load shed in the event of severe winter weather.

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