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Affordable Clean Energy Rule Lawsuit pits EPA and coal industry allies against health groups over Clean Power Plan repeal, greenhouse gas emissions standards, climate change, public health, and state authority before the D.C. Circuit.

Key Points

A legal fight over EPA's ACE rule and CPP repeal, weighing emissions policy, state authority, climate, and public health.

✅ Challenges repeal of Clean Power Plan and adoption of ACE.

✅ EPA backed by coal, utilities; health groups seek stricter limits.

✅ D.C. Circuit to review emissions authority and state roles.

The largest trade association representing coal interests in the country has joined other business and electric utility groups in siding with the EPA in a lawsuit challenging the Trump administration's repeal of the Clean Power Plan.

The suit -- filed by the American Lung Association and the American Public Health Association -- seeks to force the U.S. Environmental Protection Agency to drop a new rule-making process that critics claim would allow higher levels of greenhouse gas emissions, further contributing to the climate crisis and negatively impacting public health.

The new rule, which the Trump administration calls the "Affordable Clean Energy rule" (ACE), "would replace the 2015 Clean Power Plan, which EPA has proposed to repeal because it exceeded EPA's authority. The Clean Power Plan was stayed by the U.S. Supreme Court and has never gone into effect," according to an EPA statement.

EPA has also moved to rewrite wastewater limits for coal power plants, signaling a broader rollback of related environmental requirements.

America's Power -- formerly the American Coalition for Clean Coal Electricity -- the U.S. Chamber of Commerce, the National Mining Association, and the National Rural Electric Cooperative Association have filed motions seeking to join the lawsuit. The U.S. Court of Appeals for the District of Columbia Circuit has not yet responded to the motion.

Separately, energy groups warned that President Trump and Energy Secretary Rick Perry were rushing major changes to electricity pricing that could disrupt markets.

"In this rule, the EPA has accomplished what eluded the prior administration: providing a clear, legal pathway to reduce emissions while preserving states' authority over their own grids," Hal Quinn, president and chief executive officer of the mining association, said when the new rule was released last month. "ACE replaces a proposal that was so extreme that the Supreme Court issued an unprecedented stay of the proposal, having recognized the economic havoc the mere suggestion of such overreach was causing in the nation's power grid."

Around the same time, a coal industry CEO blasted a federal agency's decision on the power grid as harmful to reliability.

The trade and business groups have argued that the Clean Power Plan, set by the Obama administration, was an overreach of federal power. Finalized in 2015, the plan was President Obama's signature policy on climate change, rooted in compliance with the Paris Climate Treaty. It would have set state limits on emissions from existing power plants but gave wide latitude for meeting goals, such as allowing plant operators to switch from coal to other electric generating sources to meet targets.

Former EPA Administrator Scott Pruitt argued that the rule exceeded federal statutory limits by imposing "outside the fence" regulations on coal-fired plants instead of regulating "inside the fence" operations that can improve efficiency.

The Clean Power Plan set a goal of reducing carbon emissions from power generators by 32 percent by the year 2030. An analysis from the Rhodium Group found that had states taken full advantage of the CPP's flexibility, emissions would have been reduced by as much as 72 million metric tons per year on average. Still, even absent federal mandates, the group noted that states are taking it upon themselves to enact emission-reducing plans based on market forces.

In its motion, America's Power argues the EPA "acknowledged that the [Best System of Emission Reduction] for a source category must be 'limited to measures that can be implemented ... by the sources themselves.'" If plants couldn't take action, compliance with the new rule would require the owners or operators to buy emission rate credits that would increase investment in electricity from gas-fired or renewable sources. The increase in operating costs plus federal efforts to shift power generation to other sources of energy, thereby increasing costs, would eventually force the coal-fired plants out of business.

In related proceedings, renewable energy advocates told FERC that a DOE proposal to subsidize coal and nuclear plants was unsupported by the record, highlighting concerns about market distortions.

"While we are confident that EPA will prevail in the courts, we also want to help EPA defend the new rule against others who prefer extreme regulation," said Michelle Bloodworth, president and CEO of America's Power.

"Extreme regulation" to one group is environmental and health protections to another, though.

Howard A. Learner, executive director of the Environmental Law & Policy Center of the Midwest, defended the Clean Power Plan in an opinion piece published in June.

"The Midwest still produces more electricity from coal plants than any other region of the country, and Midwesterners bear the full range of pollution harms to public health, the Great Lakes, and overall environmental quality," Learner wrote. "The new [Affordable Clean Energy] Rule is a misguided policy, moves our nation backward in solving climate change problems, and misses opportunities for economic growth and innovation in the global shift to renewable energy. If not reversed by the courts, as it should be, the next administration will have the challenge of doing the right thing for public health, the climate and our clean energy future."

When it initially filed its lawsuit against the Trump administration's Affordable Clean Energy Rule, the American Lung Association accused the EPA of "abdicat[ing] its legal duties and obligations to protect public health." It also referred to the new rule as "dangerous."

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Advanced Nuclear Reactors redefine nuclear energy with SMRs, diverse fuels, passive safety, digital control rooms, and flexible heat and power, pairing veteran operator expertise with cost-efficient, carbon-free electricity for a resilient grid.

Key Points

SMR-based advanced reactors with passive cooling and digital controls deliver flexible power and process heat.

✅ Veteran operators transfer proven safety culture and risk management.

✅ SMRs, passive safety, and digital controls simplify operations.

✅ Flexible output: electricity, process heat, and grid support.

Advanced reactors will break the mold of what we think next-gen nuclear power can accomplish: some will be smaller, some will use different kinds of fuel and others will do more than just make electricity. This new technology may seem like uncharted waters, but when operators, technicians and other workers start up the first reactors of the new generation, they will bring with them years of nuclear experience to run machines that have been optimized with lessons from the current fleet.

While advanced reactors are often portrayed as the future of nuclear energy, and atomic energy is heating up across markets, its our current plants that have paved the way for these exciting innovations and which will be workhorses for years to come.

Reactor Veterans Bring Their Expertise to New Designs

Many of the workers who will operate the next generation of reactors come from a nuclear background. Even though the design of an advanced reactor may be different, the experience and instincts these operators have gained from working at the current fleet will help new plants get off to a more productive start.

They have a questioning attitude; they are always exploring what could go wrong and always understanding the notion of risk management in nuclear operations, whether its the oldest design or the newest design, said Chip Pardee, the president of Terrestrial Energy USA, who is the former chief operating officer at two nuclear utilities, Exelon Corp. and the Tennessee Valley Authority.

They have respect for the technology and a bias towards conservative decision-making.

Jhansi Kandasamy, vice president of engineering at GE Hitachi Nuclear Energy, agrees. She said that the presence of industry veterans will benefit the new modelslike the 300 megawatt boiling water reactor her company is developing.

From the beginning, a new reactor will have people who have touched it, worked on it, and experienced it, she said.

Theyre going to be able to tell you if something doesnt look right, because theyve lived through it.

Experience Informs New Reactor Design

Advanced reactors are designed by engineers who are fully familiar with existing plants and can use that experience to optimize the new ones, like a family building a house and wanting the kitchen just so. New reactors will be simpler to operate because of insights gained from years of operations of the current fleet, and some designs even integrate molten salt energy storage to enhance flexibility.

NuScale Power LLC, for example, has a very different design from the current fleet amid an advanced nuclear push that is reshaping development: up to 12 small reactorsinstead of one or two large reactorsmanaged from a single digital control roominstead of one full of analog switches and dials. When the company designed its control room, it brought in industry veterans who had collectively worked at more than two dozen nuclear plants.

The experts that NuScale brought in critiqued everything, even down to the shape of the symbols on the computer screens to make them easier to read for operators who sometimes need to quickly interpret lots of incoming data. The control panels for NuScales small modular reactor (SMR) present information according to its importance and automatically call up appropriate procedures for operators.

Many advanced reactors are also smaller than those currently operating, which makes their components simpler and less expensive. Kandasamy pointed out that the giant mechanical pumps in todays reactors generate a lot of heat and require a lot of supporting systems, including air conditioning in the rooms that house them.

GE Hitachis SMR design relies more on passive cooling so it needs fewer pumps, and those that remain use magnets, so they generate less heat. Fewer, smaller pumps means a smaller building and less cost.

Advanced Nuclear Will Further the Work of Current Reactors

Advanced reactors promise improved flexibility and the ability to do more kinds of work, including nuclear beyond electricity applications, to displace carbon and stabilize the climate. And they will continue nuclear energys legacy of providing reliable, carbon-free electricity, as a recent new U.S. reactor startup illustrates in practice. As new designs come on line over the next decade, we will continue to rely on operating plants which provide nearly 55 percent of the countrys carbon-free electricity.

The world will need all the carbon-free generation it can get for many years to come, as companies, states and countries aim for zero emissions by mid-century and pursue strategies like the green industrial revolution to accelerate deployment. That means it will need wind, solar, advanced reactors and current plants.

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Hydro One investment risk reflects Ontario government influence, board shakeup, Avista acquisition uncertainty, regulatory hearings, dividend growth prospects, and utility M&A moves in Peterborough, with stock volatility since the 2015 IPO.

Key Points

Hydro One investment risk stems from political control, governance turnover, regulatory outcomes, and uncertain M&A.

✅ Ontario retains near-50% stake, affecting autonomy and policy risk

✅ Board overhaul and CEO exit create governance uncertainty

✅ Avista deal, OEB hearings, local utility M&A drive outcomes

Hydro One may be only half-owned by the province on Ontario but that’s enough to cause uncertainty about the company’s future, thus making for an investment risk, says Douglas Kee of Leon Frazer & Associates.

Since its IPO in November of 2015, Hydro One has seen its share of ups and downs, including a Q2 profit decline earlier this year, mostly downs at this point. Currently trading at $19.87, the stock has lost 11 per cent of its value in 2018 and 12 per cent over the last 12 months, despite a one-time gain boosting Q2 profit that followed a court ruling.

This year has been a turbulent one, to say the least, as newly elected Ontario premier Doug Ford made good this summer on his campaign promise re Hydro One by forcing the resignation of the company’s 14-person board of directors along with the retirement of its chief executive, an event that saw Hydro One shares fall amid the turmoil. An interim CEO has been found and a new 10-person board and chairman put in place, but Kee says it’s unclear what impact the shakeup will ultimately have, other than delaying a promising-looking deal to purchase US utility Avista Corp, with the companies moving to ask the U.S. regulator to reconsider the order.

Douglas Kee’s take on Hydro One stock

“We looked at Hydro One a couple of times two years ago and just decided that with the Ontario government’s still owning a big chunk of the company … there are other public companies where you get the same kind of yield, the same kind of dividend growth, so we just avoided it,” says Kee, managing director and chief investment officer with Leon Frazer & Associates, to BNN Bloomberg.

“The old board versus the new board, I’m not sure that there’s much of an improvement. It was politics more than anything,” he says. “The unfortunate part is that the acquisition they were making in the United States is kind of on hold for now. The regulatory procedures have gone ahead but they are worried, and I guess the new board has to make a decision whether to go ahead with it or not.”

“Their transmissions side is coming up for regulatory hearings next year, which could be difficult in Ontario,” says Kee. “The offset to that is that there are a lot of municipal distributions systems in Ontario that may be sold — they bought one in Peterborough recently, which was a good deal for them. There may be more of that coming too.”

Last month, Hydro One reached an agreement with the City of Peterborough to buy its Peterborough Distribution utility which serves about 37,000 customers for $105 million. Another deal to purchase Orillia Power Distribution Corp for $41 million has been cancelled after an appeal to the Ontario Energy Board was denied in late August. Hydro One’s sought-after Avista Corp acquisition is reported to be worth $7 billion.

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B.C. EV Charging Rebates boost CleanBC incentives as NRCan and ZEVIP funding covers up to 75% of Level 2 and DC fast-charger purchase and installation costs for homes, workplaces, condos, apartments, and fleet operators.

Key Points

Incentives in B.C. cover up to 75% of Level 2 and DC fast charger costs for homes, workplaces, and fleets.

✅ Up to 75% back; Level 2 max $5,000; DC fast max $75,000 for fleets.

✅ Eligible sites: homes, workplaces, condos, apartments, fleet depots.

✅ Funded by CleanBC with NRCan ZEVIP; time-limited top-up.

The Province and Natural Resources Canada (NRCan) are making it more affordable for people to install electric vehicle (EV) charging stations in their homes, businesses and communities, as EV demand ramps up across the province.

B.C. residents, businesses and municipalities can receive higher rebates for EV charging stations through the CleanBC Go Electric EV Charger Rebate and Fleets programs. For a limited time, funding will cover as much as 75% of eligible purchase and installation costs for EV charging stations, which is an increase from the previous 50% coverage.

“With electric vehicles representing 13% of all new light-duty vehicles sold in B.C. last year, our province has the strongest adoption rate of electric vehicles in Canada. We’re positioning ourselves to become leaders in the EV industry,” said Bruce Ralston, B.C.’s Minister of Energy, Mines and Low Carbon Innovation. “We’re working with our federal partners to increase rebates for home, workplace and fleet charging, and making it easier and more affordable for people to make the switch to electric vehicles.”

With a $2-million investment through NRCan’s Zero-Emission Vehicle Infrastructure Program (ZEVIP) to top up the Province’s EV Charger Rebate program, workplaces, condominiums and apartments can get a rebate for a Level 2 charging station for as much as 75% of purchase and installation costs to a maximum of $5,000. As many as 360 EV chargers will be installed through the program.

“We’re making electric vehicles more affordable and charging more accessible where Canadians live, work and play,” said Jonathan Wilkinson, federal Minister of Natural Resources. “Investing in more EV chargers, like the ones announced today in British Columbia, will put more Canadians in the driver’s seat on the road to a net-zero future and help achieve our climate goals.”

Through the CleanBC Go Electric Fleets program and in support of B.C. businesses that own and operate fleet vehicles, NRCan has invested $1.54 million through ZEVIP to top up rebates. Fleet operators can get combined rebates from NRCan and the Province for a Level 2 charging station as much as 75% to a maximum of $5,000 of purchase and installation costs, and 75% to a maximum of $75,000 for a direct-current, fast-charging station. As many as 450 EV chargers will be installed through the program.

CleanBC is a pathway to a more prosperous, balanced and sustainable future. It supports government’s commitment to climate action to meet B.C.’s emission targets and build a cleaner, stronger economy.

Quick Facts:

• A direct-current fast charger on the BC Electric Highway allows an EV to get 100-300 kilometres of range from 30 minutes of charging.
• Faster chargers, which give more range in less time, are coming out every year.
• A Level 2 charger allows an EV to get approximately 30 kilometres of range per hour of charging.
• It uses approximately the same voltage as a clothes dryer and is usually installed in homes, workplaces or for fleets to get a faster charge than a regular outlet, or in public places where people might park for a longer time.
• A key CleanBC action is to strengthen the Zero-Emission Vehicles Act to require light-duty vehicle sales to be 26% zero-emission vehicles (ZEVs) by 2026, 90% by 2030 and 100% by 2035, five years ahead of the original target.
• At the end of 2021, B.C. had more than 3,000 public EV charging stations and almost 80,000 registered ZEVs.

Learn More:

To learn more about home and workplace EV charging-station rebates, eligibility and application processes, visit: https://goelectricbc.gov.bc.ca/   

To learn more about the Fleets program, visit: https://pluginbc.ca/go-electric-fleets/    

To learn more about Natural Resources Canada’s Zero-Emission Vehicle Infrastructure Program, visit:
https://www.nrcan.gc.ca/energy-efficiency/transportation-alternative-fuels/zero-emission-vehicle-infrastructure-program/21876

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Taiwan Power Blackout disrupts Taipei and commercial hubs after a Taoyuan natural gas plant error, triggering nationwide outage, grid failure, elevator rescues, power rationing, and the economic minister's resignation, as CPC Corporation restores supply.

Key Points

A nationwide Taiwan outage from human error at a Taoyuan gas plant, triggering rationing and a minister's resignation.

✅ Human error disrupted natural gas supply at Taoyuan plant

✅ 6.68 million users affected; grid failure across cities

✅ Minister Lee resigned; President Tsai ordered a review

Taiwan's economic minister resigned after power was knocked out in many parts of Taiwan, with regional parallels such as China power cuts highlighting grid vulnerabilities, including capital Taipei's business and high-end shopping district, due to an apparent "human error" at a key power plant.

Economic Affairs minister Lee Chih-kung tendered his resignation verbally to Premier Lin Chuan, United Daily News reported, citing a Cabinet spokesman. Lin accepted the resignation, the spokesman said according to the daily.

As many as 6.68 million households and commercial units saw their power supply cut or disrupted on Tuesday after "human error" disrupted natural gas supply at a power plant in northern Taiwan's Taoyuan, the semi-official Central News Agency reported, citing the government-controlled oil company CPC Corporation as saying.

The company added that power at the plant, Taiwan's biggest natural gas power plant, resumed two minutes later.

In New Taipei City, there were at least 27,000 reported cases of people being stuck in lifts. Photos in social media also showed huge crowds stranded in lift lobby in Taipei's iconic 101-storey Taipei 101 building.

Power rationing was implemented beginning 6pm, and, as seen in the National Grid short supply warning in other markets, such steps aim to stabilize supply, Central News Agency said. Power supply was gradually being restored beginning at about 9:40pm. news reports said.

President Tsai Ing-wen apologised for the blackout, noting parallels with Japan's near-blackouts that underscored grid resilience, and said that she has ordered all relevant departments to produce clear report in the shortest time possible.

"Electricity is not just a problem about people's livelihoods but also a national security issue. A comprehensive review must be carried out to find out how the electric power system can be so easily paralysed by human error," said Ms Tsai in a Facebook post.

Taiwan has been at risk of a power shortage after a recent typhoon knocked down a power transmission tower in Hualien county along the eastern coast of Taiwan, rather than a demand-driven slowdown like the China power demand drop during pandemic factory shutdowns. This reduced the electricity supply by 1.3million kilowatts, or about 4 per cent of the operating reserve.

That was followed by the breakdown of a power generator at Taiwan's largest power plant, which further reduced the operating reserve by 1.5 per cent.

The situation is worsened by the ongoing heatwave that has hit Taiwan, with temperatures soaring to 38 degrees Celsius over the past week.

As a result, the government had imposed the rationing of electricity, and, highlighting how regional strains such as China's power woes can ripple into global markets, switched off all air-conditioning in many of its Taipei offices, a move that drew some public backlash.

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Ontario Clean Energy Expansion signals IESO-backed renewables, energy storage, and low-CO2 power to meet EV-driven demand, offset Pickering nuclear retirement, and balance interim gas-fired generation while advancing grid reliability, decarbonization, and net-zero targets.

Key Points

Ontario Clean Energy Expansion plans to grow renewables and storage, manage short-term gas, and meet rising demand.

✅ IESO long-term procurements for renewables and storage

✅ Interim reliance on gas to replace Pickering capacity

✅ Targets align with net-zero grid reliability goals

After cancelling hundreds of renewable power projects four years ago, the Doug Ford government appears set to expand clean energy to meet a looming electricity shortfall across the province.

Recent announcements from Ontario Energy Minister Todd Smith and the province’s electric grid management agency suggest the province plans to expand low-CO2 electricity with new wind and solar plans in the long-term, even as it ramps up gas-fired power over the next five years.

The moves are in response to an impending electricity shortfall as climate-conscious drivers switch to electric vehicles, farmers replace field crops with greenhouses and companies like ArcelorMittal Dofasco in Hamilton switch from CO2-heavy manufacturing to electricity-based production. Forecasters predict Canada will need to double its power supply by 2050.

While Ontario has a relatively low-CO2 power system, the province’s electricity supply will be reduced in 2025 when Ontario Power Generation closes the 50-year-old Pickering nuclear station, now near the end of its operating life. This will remove 3,100 megawatts of low-CO2 generation, about eight per cent of the province’s 40,000-megawatt total.

The impending closure has created a difficult situation for the Independent Electricity System Operator (IESO), the provincial agency managing Ontario’s grid. Last year, it forecasted it would need to sharply increase CO2-polluting natural gas-fired power to avoid widespread blackouts.

This would mean drivers switching to electric vehicles or companies like Dofasco cutting CO2 through electrification would end up causing higher power system emissions.

It would also fly in the face of the federal government’s ambition to create a net-zero national electricity system by 2035, a critical part of Canada’s pledge to reduce CO2 emissions to zero by 2050.

Yet the Ford government has appeared reluctant to expand clean energy. In the 2018 election, clean electricity was a key issue as it appealed to anti-turbine voters in rural Ontario and cancelled more than 700 renewable energy contracts shortly after taking office, taking 400 megawatts out of the system.

But there are signs the government is having a change of heart. IESO recently released a list of 55 companies approved to submit bids for 3,500 megawatts of long-term electricity contracts starting between 2025 and 2027, and the energy minister has outlined a plan to address growing energy needs as well.

The companies include a variety of potential producers, ranging from Canadian and global renewable companies to local utilities and small startups. Most are renewable power or energy storage companies specializing in low- or zero-emission power. IESO plans additional long-term bid offerings in the future.

This doesn’t mean gas generation will be turned off. IESO will contract yearly production from existing gas plants until 2028 (the annual contract in 2023 will be for about 2,000 megawatts). As well, IESO has issued contracts to four gas-fired producers, a small wind company and a storage company to begin production of about 700 megawatts to boost gas plant output starting between 2024 and 2026.

While this represents an expansion of existing gas-fired generation, Smith has asked IESO to report on a gas moratorium, saying he doesn’t believe new gas plants will be needed over the long term.

The NDP and Greens criticized the government for relying on gas in the near term. But clean energy advocates greeted the long-term plans positively.

The IESO process “will contribute to a clean, reliable and affordable grid,” said the Canadian Renewable Energy Association.

Rachel Doran, director of policy and strategy at Clean Energy Canada, said in an email the potential gas generation moratorium “is an encouraging step forward,” although she criticized the “unfortunate decision to replace near-term nuclear power capacity with climate-change-causing natural gas.”

There will have to be a massive clean energy expansion to green Ontario’s grid well beyond what has been announced in recent days for Ontario to meet its future energy needs (think a doubling of Ontario’s current 40,000-megawatt capacity by 2050).

But these first steps hold promise that Ontario is at least starting on the path to that goal, rather than scrambling to keep the lights on with CO2-polluting natural gas.

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