Lepreau hearings focus on seismic safety

By Saint John Telegraph Journal


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Nearly nine months after a devastating earthquake and tsunami caused a meltdown at the Fukushima Daiichi nuclear power plant in Japan, the aftershocks are being felt in Saint John at licence renewal hearings for the Point Lepreau nuclear generating station.

On the first of two days of public hearings, seismic safety played a central role as NB Power applies for approval to reload fuel and restart the refurbished Point Lepreau plant some time next fall.

Canadian Nuclear Safety Commission president and CEO Michael Binder began the hearings at the Delta Brunswick Hotel on Thursday by acknowledging the shadow the Japanese disaster has cast over nuclear safety around the world.

"The triple catastrophe in Japan will have a bearing on this hearing," he said.

Binder added that the economic impact of the facility will not play a role in the decision of the politically independent commission, which is expected to come in six weeks.

He said the health and safety of the public and environmental considerations are the major factors as to whether NB Power will be given permission to restart the plant after more than four years of refurbishment work.

Officials with NB Power, emergency preparedness in the province and a seismologist from Natural Resources Canada reassured the public that Point Lepreau was safe, and not at high risk of a meltdown caused by an earthquake.

Wade Parker, the station director at Point Lepreau, said earthquakes were considered in the original design when the plant was built in the late 1970s, and described it as "seismically robust."

The refurbishment, originally scheduled to take 18 months and cost $1.4 billion, has suffered from several delays, but it is expected to finally be finished next fall and $1 billion over budget.

NB Power estimates that the refurbishment will extend the life of the plant for 25 to 30 years after it returns to service.

John Adams, an NRC seismologist, said major earthquakes in Eastern Canada are extremely rare, with only minor quakes rocking the province from time to time.

He said a 6.2 magnitude quake would be of concern to Point Lepreau, but he said according to measured and historical data, no temblors that size have been felt in this part of the country in the last several hundred years.

The largest quake ever measured in Eastern Canada was in the Charlevoix region north of Quebec City, which has experienced two quakes over magnitude 6.0, the last more than 80 years ago.

Nuclear plants in Canada are expected to be prepared for a 1 in 10,000 year quake, making Point Lepreau an extremely safe location for a facility, since New Brunswick is an area of extremely low seismic activity.

One voice of dissent came from Paula Tippett from the Saint John chapter of the Council of Canadians.

Her group opposes the restart of Point Lepreau for several reasons, including environmental concerns. However Tippett also cited seismic activity brought about by hydro-fracking in the exploration for natural gas in the province.

"We want to make sure studies into earthquake activity around injection wells are looked at closely," she said.

Adams said earthquakes from hydro-fracking are believed to be minor, and only occur near where exploration is taking place.

Current exploration leases show injection wells, if used, would likely be drilled no nearer than 70 kilometres away, in Quispamsis, too far away to cause any issues, said Adams.

Raj Jaitly, a consultant with CANDU Energy who also worked with the NB Power safety group when Point Lepreau was first brought online in 1983, said the plant is ahead of the rest of the nuclear facilities in the country.

"It is the first to conduct a complete seismic study in Canada," he said.

Jaitly said the lengthy refurbishment of the plant probably worked to the advantage of safety planners because as they upgraded systems, lessons learned from the Japan disaster could then be implemented into the new Point Lepreau design.

"People who know nuclear energy are not concerned," he said. "There are several levels of defence that will prevent a major disaster in this plant."

Rod Eagles, deputy chief nuclear officer with NB Power and the refurbishment director, said the nuclear industry is very progressive when it comes to safety. And he said the work at Point Lepreau will provide New Brunswick with safe electricity for several more decades when it goes back online.

"The refurbishment allowed us to find opportunities to make the plant as safe as possible," he said. "And safety became even more prominent post-Fukushima."

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Study: US Power Grid Has More Blackouts Than ENTIRE Developed World

US Power Grid Blackouts highlight aging infrastructure, rising outages, and declining reliability per DOE and NERC data, with weather-driven failures, cyberattack risk, and underinvestment stressing utilities, transmission lines, and modernization efforts.

 

Key Points

US power grid blackouts are outages caused by aging grid assets, severe weather, and cyber threats reducing reliability.

✅ DOE and NERC data show rising outage frequency and duration.

✅ Weather now drives 68-73% of major failures since 2008.

✅ Modernization, hardening, and cybersecurity investments are critical.

 

The United States power grid has more blackouts than any other country in the developed world, according to new data and U.S. blackout warnings that spotlight the country’s aging and unreliable electric system.

The data by the Department of Energy (DOE) and the North American Electric Reliability Corporation (NERC) shows that Americans face more power grid failures lasting at least an hour than residents of other developed nations.

And it’s getting worse.

Going back three decades, the US grid loses power 285 percent more often than it did in 1984, when record keeping began, International Business Times reported. The power outages cost businesses in the United States as much as $150 billion per year, according to the Department of Energy.

Customers in Japan lose power for an average of 4 minutes per year, as compared to customers in the US upper Midwest (92 minutes) and upper Northwest (214), University of Minnesota Professor Massoud Amin told the Times. Amin is director of the Technological Leadership Institute at the school.

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The grid is becoming less dependable each year, he said.

“Each one of these blackouts costs tens of hundreds of millions, up to billions, of dollars in economic losses per event,” Amin said. “… We used to have two to five major weather events per year [that knocked out power], from the ‘50s to the ‘80s. Between 2008 and 2012, major outages caused by weather, reflecting extreme weather trends, increased to 70 to 130 outages per year. Weather used to account for about 17 to 21 percent of all root causes. Now, in the last five years, it’s accounting for 68 to 73 percent of all major outages.”

As previously reported by Off The Grid News, the power grid received a “D+” grade on its power grid report card from the American Society of Civil Engineers (ASCE) in 2013. The power grid grade card rating means the energy infrastructure is in “poor to fair condition and mostly below standard, with many elements approaching the end of their service life.” It further means a “large portion of the system exhibits significant deterioration” with a “strong risk of failure.”

“America relies on an aging electrical grid and pipeline distribution systems, some of which originated in the 1880s,” the 2013 ASCE report read. “Investment in power transmission has increased since 2005, but ongoing permitting issues, weather events, and limited maintenance have contributed to an increasing number of failures and power interruptions.”

As The Times noted, the US power grid as it exists today was built shortly after World War II, with the design dating back to Thomas Edison. While Edison was a genius, he and his contemporaries could not have envisioned all the strains the modern world would place upon the grid and the multitude of tech gadgets many Americans treat as an extension of their body. While the drain on the grid has advanced substantially, the infrastructure itself has not.

There are approximately 5 million miles of electrical transmission lines throughout the United States, and thousands of power generating plants dot the landscape. The electrical grid is managed by a group of 3,300 different utilities and serve about 150 million customers, The Times said. The entire power grid system is currently valued at $876 billion.

Many believe the grid is vulnerable to an attack on substations and other threats.

Former Department of Homeland Security Secretary Janet Napolitano once said that a power grid cyber attack is a matter of “when” not “if,” as Russians hacked utilities incidents have shown.

 

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OPINION Rewiring Indian electricity

India Power Sector Crisis: a tangled market of underused plants, coal shortages, cross-subsidies, high transmission losses, and weak PPAs, requiring deregulation, power exchanges, and cost-reflective tariffs to fix insolvency and outages.

 

Key Points

India power market failure from subsidies, coal shortages, and losses, needing deregulation and reflective pricing.

✅ Deregulate to enable spot trading on power exchanges

✅ End cross-subsidies; charge cost-reflective tariffs

✅ Secure coal supply; cut T&D losses and theft

 

India's electricity industry is in a financial and political tangle.

Power producers sit on thousands of megawatts of underutilized plant, while consumers face frequent power cuts, both planned and unplanned.

Financially troubled generators struggle to escape insolvency proceedings. The state-owned banks that have mostly financed power utilities fear that debts of troubled utilities totaling 1.74 trillion rupees will soon go bad.

Aggressive bidding for supply contracts and slower-than-expected demand growth, including a recent demand slump in electricity use, is the root cause. The problems are compounded by difficulties in securing coal and other fuels, high transmission losses, electricity theft and cash-starved distribution companies.

But India's 36 state and union territory governments are contributing mightily to this financial and economic mess. They persist with populist cross-subsidies -- reducing charges for farmers and households at the cost of nonagricultural businesses, especially energy-intensive manufacturing sectors such as steel.

The states refuse to let go of their control over how electricity is produced, distributed and consumed. And they are adamant that true markets, with freedom for large industrial users to buy power at market-determined rates from whichever utility they want at power exchanges -- will not become a reality in India.

State politicians are driven mainly by the electoral need to appease farmers, India's most important vote bank, who have grown used to decades of nearly-free power.

New Delhi is therefore relying on short-term fixes instead of attempting to overhaul a defunct system. Users must pay the real cost of their electricity, as determined by a properly integrated national market free of state-level interference if India's power mess is to be really addressed.

As of Aug. 31, the country's total installed production capacity was 344,689 MW, underscoring its status as the third-largest electricity producer globally by output. Out of that, thermal power comprising coal, gas and diesel accounted for 64%, hydropower 13% and renewables accounted for 20%. Commercial and industrial users accounted for 55% of consumption followed by households on 25% and the remaining 20% by agriculture.

Coal-fired power generation, which contributes roughly 90% of thermal output and the bulk of the financially distressed generators, is the most troubled segment as it faces a secular decline in tariffs due to increasing competition from highly subsidized renewables (which also benefit from falling solar panel costs), coal shortages and weak demand.

The Central Electricity Act (CEA) 2003 opened the gates of the country's power sector for private players, who now account for 45% of generating capacity.

But easy credit, combined with an overconfident estimation of the risks involved, emboldened too many investors to pile in, without securing power purchase agreements (PPAs) with distribution companies.

As a result, power capacity grew at an annual compound rate of 11% compared to demand at 6% in the last decade leading to oversupply.

This does not mean that the electricity market is saturated. Merely that there are not enough paying customers. Distributors have plenty of consumers who will not or cannot pay, even though they have connections. There is huge unmet demand for power. There are 32 million Indian homes -- roughly 13% of the total -- mostly rural and poor with no access to electricity.

Moreover, consumption by those big commercial and industrial users which do not enjoy privileged rates is curbed by high prices, driven up by the cost of subsidizing others, extra charges on exchange-traded power and transmission and distribution losses (including theft) of 20-30%.

With renewables increasingly becoming cheaper, financially stressed distributors are avoiding long-term power purchase agreements, preferring spot markets. Meanwhile, coal shortages force generators to buy expensive imported coal supplies or cut output. The operating load for most private generators, which suffer particularly acute coal shortages in compared to state-owned utilities, has fallen from 84% in 2009-2010 to 55% now.

Smoothing coal supplies should be the top priority. Often coal is denied to power generators without long-term purchase contracts. Such discrimination in coal allocation prevails -- because the seller (state-run Coal India and its numerous subsidiaries) is an inefficient monopolist which cannot produce enough and rations coal supplies, favoring state-run generators over private.

To help power producers, New Delhi plans measures including auctioning power sales contracts with assured access to coal. However, even though coal and electricity shortages eased recently, such short-term fixes won't solve the problem. With electricity prices in secular decline, distributors are not seeking long-term supply contracts -- rather they are often looking for excuses to get out of existing agreements.

India needs a fundamental two-step reform. First, the market must be deregulated to allow most bulk suppliers and users to move to power trading exchanges, which currently account for just 10% of the market.

This would lead to genuine price discovery in a spot market and, in time, lead to the trading of electricity futures contracts. That would help in consumers and producers hedge their respective costs and revenues and safeguard their economic positions without any need for government intervention.

The second step to a healthy electricity industry is for consumers to pay the real cost of power. Cross-subsidization must end. That would promote optimal electricity use, innovation and environmental protection. Farmers enjoying nearly-free power create ecological problems by investing in water-guzzling crops such as rice and sugar cane.

Most industrial consumers, who do not have power supply privileges, have their businesses distorted and delayed by high prices. Lowering their costs would encourage power-intensive manufacturing to expand, and in the process, boost electricity demand and improve capacity utilization.

Of course, cutting theft is central to making consumers pay their way. Government officials must stop turning a blind eye to theft, especially when such transmission and distribution losses average 20%.

Politicians who want to continue subsidizing farmers or assist the poor can do so by paying cash out directly to their bank accounts, instead of wrongly relying on the power sector.

Such market-oriented reforms have long been blocked by state-level politicians, who now enjoy the influence born of operating subsidies and interfering in the sector. New Delhi must address this opposition. Narendra Modi, as a self-styled reforming prime minister, should have the courage to bite this bullet and convince state governments (starting with those ruled by his Bharatiya Janata Party) to reform. To encourage cooperation, he could offer states securing real improvements an increased share of centrally collected taxes.

Ritesh Kumar Singh is to be the chief economist of the new policy research and advocacy company Indonomics Consulting. He is former assistant director of the Finance Commission of India.

 

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Canadian power crews head to Irma-hit Florida to help restore service

Canadian Power Crews Aid Florida after Hurricane Irma, supporting power restoration for Tampa Electric and Florida Power & Light. Hydro One and Nova Scotia Power teams provide mutual aid to speed outage repairs across communities.

 

Key Points

Mutual aid effort sending Canadian utility crews to restore power and repair outages in Florida after Hurricane Irma.

✅ Hydro One and Nova Scotia Power deploy line technicians

✅ Support for Tampa Electric and Florida Power & Light

✅ Goal: rapid power restoration and outage repairs statewide

 

Hundreds of Canadian power crews are heading to Florida to help restore power to millions of people affected by Hurricane Irma.

Two dozen Nova Scotia Power employees were en route Tampa on Tuesday morning. An additional 175 Hydro One employees from across Ontario are also heading south. Tuesday to assist after receiving a request for assistance from Tampa Electric.

Nearly 7½ million customers across five states were without power Tuesday morning as Irma — now a tropical storm — continued inland, while a power outage update from the Carolinas underscored the regional strain.

In an update On Tuesday, Florida Power & Light said its "army" of crews had already restored power to 40 per cent of the five million customers affected by Irma in the first 24 hours.

FPL said it expects to have power restored in nearly all of the eastern half of the state by the end of this coming weekend. Almost everyone should have power restored by the end of day on Sept. 22, except for areas still under water.Jason Cochrane took a flight from Halifax Stanfield International Airport along with 19 other NSP power line technicians, two supervisors and a restoration team lead, drawing on lessons from the Maritime Link first power project between Newfoundland and Nova Scotia. "It's different infrastructure than what we have to a certain extent, so there'll be a bit of a learning curve there as well," Cochrane said. "But we'll be integrated into their workforce, so we'll be assisting them to get everything put back together."

The NSP team will join 86 other Nova Scotians from their parent company, Emera, who are also heading to Tampa. Halifax-based Emera, whose regional projects include the Maritime Link, owns a subsidiary in Tampa.

"We're going to be doing anything that we can to help Tampa Electric get their customers back online," said NSP spokesperson Tiffany Chase. "We know there's been significant damage to their system as a result of that severe storm and so anything that our team can do to assist them, we want to do down in Tampa."

Crews have been told to expect to be on the ground in the U.S. for two weeks, but that could change as they get a better idea of what they're dealing with.

'It's neat to have an opportunity like this to go to another country and to help out.'- Jason Cochrane, power line technician

"It's neat to have an opportunity like this to go to another country and to help out and to get the power back on safely," said Cochrane.

Chase said she doesn't know how much the effort will cost but it will be covered by Tampa Electric. She also said Nova Scotia Power will pull its crews back if severe weather heads toward Atlantic Canada, as utilities nationwide work to adapt to climate change in their planning.

 

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Trump's Vision of U.S. Energy Dominance Faces Real-World Constraints

U.S. Energy Dominance envisions deregulation, oil and gas growth, LNG exports, pipelines, and geopolitical leverage, while facing OPEC pricing power, infrastructure bottlenecks, climate policy pressures, and accelerating renewables in global markets.

 

Key Points

U.S. policy to grow fossil fuel output and exports via deregulation, bolstering energy security, geopolitical influence.

✅ Deregulation to expand drilling, pipelines, and export capacity

✅ Exposed to OPEC pricing, global shocks, and cost competitiveness

✅ Faces infrastructure, ESG finance, and renewables transition risks

 

Former President Donald Trump has consistently advocated for “energy dominance” as a cornerstone of his energy policy. In his vision, the United States would leverage its abundant natural resources to achieve energy self-sufficiency, flood global markets with cheap energy, and undercut competitors like Russia and OPEC nations. However, while the rhetoric resonates with many Americans, particularly those in energy-producing states, the pursuit of energy dominance faces significant real-world challenges that could limit its feasibility and impact.

The Energy Dominance Vision

Trump’s energy dominance strategy revolves around deregulation, increased domestic production of oil and gas, and the rollback of climate-oriented restrictions. During his presidency, he emphasized opening federal lands to drilling, accelerating the approval of pipelines, and, through an executive order, boosting uranium and nuclear energy initiatives, as well as withdrawing from international agreements like the Paris Climate Accord. The goal was not only to meet domestic energy demands but also to establish the U.S. as a major exporter of fossil fuels, thereby reducing reliance on foreign energy sources.

This approach gained traction during Trump’s first term, with the U.S. achieving record levels of oil and natural gas production. Energy exports surged, making the U.S. a net energy exporter for the first time in decades. Yet, critics argue that this policy prioritizes short-term economic gains over long-term sustainability, while supporters believe it provides a roadmap for energy security and geopolitical leverage.

Market Realities

The energy market is complex, influenced by factors beyond the control of any single administration, with energy crisis impacts often cascading across sectors. While the U.S. has significant reserves of oil and gas, the global market sets prices. Even if the U.S. ramps up production, it cannot insulate itself entirely from price shocks caused by geopolitical instability, OPEC production cuts, or natural disasters.

For instance, despite record production in the late 2010s, American consumers faced volatile gasoline prices during an energy crisis driven by $5 gas and external factors like tensions in the Middle East and fluctuating global demand. Additionally, the cost of production in the U.S. is often higher than in countries with more easily accessible reserves, such as Saudi Arabia. This limits the competitive advantage of U.S. energy producers in global markets.

Infrastructure and Environmental Concerns

A major obstacle to achieving energy dominance is infrastructure. Expanding oil and gas production requires investments in pipelines, export terminals, and refineries. However, these projects often face delays due to regulatory hurdles, legal challenges, and public opposition. High-profile pipeline projects like Keystone XL and Dakota Access have become battlegrounds between industry proponents and environmental activists, and cross-border dynamics such as support for Canadian energy projects amid tariff threats further complicate permitting, highlighting the difficulty of reconciling energy expansion with environmental and community concerns.

Moreover, the transition to cleaner energy sources is accelerating globally, with many countries committing to net-zero emissions targets. This trend could reduce the demand for fossil fuels in the long run, potentially leaving U.S. producers with stranded assets if global markets shift more quickly than anticipated.

Geopolitical Implications

Trump’s energy dominance strategy also hinges on the belief that U.S. energy exports can weaken adversaries like Russia and Iran. While increased American exports of liquefied natural gas (LNG) to Europe have reduced the continent’s reliance on Russian gas, achieving total energy independence for allies is a monumental task. Europe’s energy infrastructure, designed for pipeline imports from Russia, cannot be overhauled overnight to accommodate LNG shipments.

Additionally, the influence of major producers like Saudi Arabia and the OPEC+ alliance remains significant, even as shifts in U.S. policy affect neighbors; in Canada, some viewed Biden as better for the energy sector than alternatives. These countries can adjust production levels to influence prices, sometimes undercutting U.S. efforts to expand its market share.

The Renewable Energy Challenge

The growing focus on renewable energy adds another layer of complexity. Solar, wind, and battery storage technologies are becoming increasingly cost-competitive with fossil fuels. Many U.S. states and private companies are investing heavily in clean energy to align with consumer preferences and global trends, amid arguments that stepping away from fossil fuels can bolster national security. This shift could dampen the domestic demand for oil and gas, challenging the long-term viability of Trump’s energy dominance agenda.

Moreover, international pressure to address climate change could limit the expansion of fossil fuel infrastructure. Financial institutions and investors are increasingly reluctant to fund projects perceived as environmentally harmful, further constraining growth in the sector.

While Trump’s call for U.S. energy dominance taps into a desire for economic growth and energy security, it faces numerous challenges. Global market dynamics, infrastructure bottlenecks, environmental concerns, and the transition to renewable energy all pose significant barriers to achieving the ambitious vision.

For the U.S. to navigate these challenges effectively, a balanced approach that incorporates both traditional energy sources and investments in clean energy is likely needed. Striking this balance will require careful policymaking that considers not just immediate economic gains but also long-term sustainability and global competitiveness.

 

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Electricity users in Newfoundland have started paying for Muskrat Falls

Muskrat Falls rate mitigation offsets Newfoundland Power's rate stabilization decrease as NL Hydro begins cost recovery; Public Utilities Board approval enables collections while Labrador-Island Link nears commissioning, stabilizing electricity rates despite megaproject delays, overruns.

 

Key Points

Muskrat Falls rate mitigation is NL Hydro's cost recovery via power rates to stabilize bills as commissioning nears.

✅ Offsets 6.4% decrease with a 6.1% rate increase

✅ About 6% now funds NL Hydro's rate mitigation

✅ Collections begin as Labrador-Island Link nears commissioning

 

With their July electricity bill, Newfoundland Power customers have begun paying for Muskrat Falls, though a lump-sum credit was also announced to offset costs and bills haven't significantly increased — yet.

In a July newsletter, Newfoundland Power said electricity bills were set to decrease by 6.4 per cent as part of the annual rate stabilization adjustment, which reflects the cost of electricity generation.

Instead, that decrease has been offset by a 6.1 increase in electricity rates so Newfoundland and Labrador Hydro can begin recovering the cost of Muskrat Falls, with a $5.2-billion federal package also underpinning the project, the $13-billion hydroelectric megaproject that is billions over budget and years behind schedule.

That means for residential customers, electricity rates will decrease to 12.346 cents per kilowatt, though the basic customer charge will go up slightly from $15.81 to $15.83. According to an N.L. Hydro spokesperson, about six per cent of electricity bills will now go toward what it calls a "rate mitigation fund." 

N.L. Hydro claims victory in Muskrat Falls arbitration dispute with Astaldi
Software troubles blamed for $260M Muskrat Falls cost increase, with N.L. power rates stable for now
The spokesperson said N.L. Hydro is expecting the rate increase to result in $43 million this year, according to a recent financial update from the energy corporation — a tiny fraction of the project's cost. 

N.L. Hydro asked the Public Utilities Board to approve the rate increase, a process similar to Nova Scotia's recent 14% approval by its regulator, in May. In a letter, Energy, Industry and Technology Minister Andrew Parsons supported the increase, though he asked N.L. Hydro to keep electricity rates "as close to current levels as possible. 

Province modifies order in council
Muskrat Falls is not yet fully online — largely due to software problems with the Labrador-Island Link transmission line — and an order in council dictated that ratepayers on the island of Newfoundland would not begin paying for the project until the project was fully commissioned. 

The provincial government modified that order in council so N.L. Hydro can begin collecting costs associated with Muskrat Falls once the project is "nearing" commissioning.

In June, N.L. Hydro said the project was expected to finally be completed by the end of the year.

In an interview with CBC News, Progressive Conservative interim leader David Brazil said the decision to begin recovering the cost of Muskrat Falls from consumers should have been delayed.

"There was an opportunity here for people to get some reprieve when it came to their electricity bills and this administration chose not to do that, not to help the people while they're struggling," he said.

In a statement, Parsons said reducing the rate was not an option, and would have resulted in increased borrowing costs for Muskrat Falls.

"Reducing the rate for one year to have it increase significantly the following year is not consistent with rate mitigation and also places an increased financial burden on taxpayers one year from now," Parsons said.

Decision 'reasonable': Consumer advocate
Brazil said his party didn't know the payments from Muskrat Falls would start in July, and criticized the government for not being more transparent.

A person wearing a blue shirt and black blazer stands outside on a lawn.
N.L. consumer advocate Dennis Browne says it makes sense to begin recouping the cost of Muskrat Falls. (Garrett Barry/CBC)
Newfoundland and Labrador consumer advocate Dennis Browne said the decision to begin collecting costs from consumers was "reasonable."

"We're into a financial hole due to Muskrat Falls, and what has happened is in order to stabilize rates, we have gone into rate stabilization efforts," he said.

In February, the provincial and federal governments signed a complex agreement to shield ratepayers aimed at softening the worst of the financial impact from Muskrat Falls. Browne noted even with the agreement, the provincial government will have to pay hundreds of millions in order to stabilize electricity rates.

"Muskrat Falls would cost us $0.23 a kilowatt, and that is out of the range of affordability for most people, and that's why we're into rate mitigation," he said. "This was part of a rate mitigation effort, and I accepted it as part of that."

 

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Trump unveils landmark rewrite of NEPA rules

Trump NEPA Overhaul streamlines environmental reviews, tightening 'reasonably foreseeable' effects, curbing cumulative impacts, codifying CEQ greenhouse gas guidance, expediting permits for pipelines, highways, and wind projects with two-year EIS limits and one lead agency.

 

Key Points

Trump NEPA Overhaul streamlines reviews, trims cumulative impacts, keeps GHG analysis for foreseeable effects.

✅ Limits cumulative and indirect impacts; emphasizes foreseeable effects

✅ Caps EIS at two years; one-year environmental assessments

✅ One lead agency; narrower NEPA triggers for low federal funding

 

President Trump has announced plans for overhauling rules surrounding the nation’s bedrock environmental law, and administration officials refuted claims they were downplaying greenhouse gas emissions, as the administration also pursues replacement power plant rules in related areas.

The president, during remarks at the White House with supporters and Cabinet officials, said he wanted to fix the nation’s “regulatory nightmare” through new guidelines for implementing the National Environmental Policy Act.

“America is a nation of builders,” he said. But it takes too long to get a permit, and that’s “big government at its absolute worst.”

The president said, “We’re maintaining America’s world-class standards of environmental protection.” He added, “We’re going to have very strong regulation, but it’s going to go very quickly.”

NEPA says the federal government must consider alternatives to major projects like oil pipelines, highways and bridges that could inflict environmental harm. The law also gives communities input.

The Council on Environmental Quality has not updated the implementing rules in decades, and both energy companies and environmentalists want them reworked, even as some industry groups warned against rushing electricity pricing changes under related policy debates.

But they patently disagree on how to change the rules.

A central fight surrounds whether the government considers climate change concerns when analyzing a project.

Environmentalists want agencies to look more at “cumulative” or “indirect” impacts of projects. The Trump plan shuts the door on that.

“Analysis of cumulative effects is not required,” the plan states, adding that CEQ “proposes to make amendments to simplify the definition of effects by consolidating the definition into a single paragraph.”

CEQ Chairwoman Mary Neumayr told reporters during a conference call that definitions in the current rules were the “subject of confusion.”

The proposed changes, she said, do in fact eliminate the terms “cumulative” and “indirect,” in favor of more simplified language.

Effects must be “reasonably foreseeable” and require a “reasonably close causal relationship” to the proposed action, she added. “It does not exclude considerations of greenhouse gas emissions,” she said, pointing to parallel EPA proposals for new pollution limits on coal and gas power plants as context.

Last summer, CEQ issued proposed guidance on greenhouse gas reviews in project permitting. The nonbinding document gave agencies broad authority when considering emissions (Greenwire, June 21, 2019).

Environmentalists scoffed and said the proposed guidance failed to incorporate the latest climate science and look at how projects could be more resilient in the face of severe weather and sea-level rise.

The proposed NEPA rules released today include provisions to codify the proposed guidance, which has also been years in the making.

Other provisions

Senior administration officials sought to downplay the effect of the proposed NEPA rules by noting the underlying statute will remain the same.

“If it required NEPA yesterday, it will require NEPA under the new proposal,” an official said when asked how the changes might apply to pipelines like Keystone XL.

And yet the proposed changes could alter the “threshold consideration” that triggers NEPA review. The proposal would exclude projects with minimal federal funding or “participation.”

The Trump plan also proposes restricting an environmental impact statement to two years and an environmental assessment to one.

Neumayr said the average EIS takes 4 ½ years and in some cases longer. Democrats have disputed those timelines. Further, just 1% of all federal actions require an EIS, they argue.

The proposal would also require one agency to take the lead on permitting and require agency officials to “timely resolve disputes that may result in delays.”

In general, the plan calls for environmental documents to be “concise” and “serve their purpose of informing decision makers.”

Both Interior Secretary David Bernhardt and EPA Administrator Andrew Wheeler, whose agency moved to rewrite coal power plant wastewater limits in separate actions, were at the White House for the announcement.

Reaction

An onslaught of critics have said changes to NEPA rules could be the administration’s most far-reaching environmental rollback, and state attorneys general have mounted a legal challenge to related energy actions as well.

The League of Conservation Voters declared the administration was again trying to “sell out the health and well-being of our children and families to corporate polluters.”

On Capitol Hill, House Speaker Nancy Pelosi (D-Calif.) said during a news conference the administration would “no longer enforce NEPA.”

“This means more polluters will be right there, next to the water supply of our children,” she said. “That’s a public health issue. Their denial of climate, they are going to not use the climate issue as anything to do with environmental decisionmaking.”

Sen. Sheldon Whitehouse (D-R.I.) echoed the sentiment, saying he didn’t need any more proof that the fossil fuel industry had hardwired the Trump administration “but we got it anyway.”

Energy companies, including firms focused on renewable energy development, are welcoming the “clarity” of the proposed NEPA rules, even as debates continue over a clean electricity standard in federal climate policy.

“The lack of clarity in the existing NEPA regulations has led courts to fill the gaps, spurring costly litigation across the sector, and has led to unclear expectations, which has caused significant and unnecessary delays for infrastructure projects across the country,” the Interstate Natural Gas Association of America said in a statement.

Last night, the American Wind Energy Association said NEPA rules have caused “unreasonable and unnecessary costs and long project delays” for land-based and offshore wind energy and transmission development.

Trump has famously attacked the wind energy industry for decades, dating back to his opposition to a Scottish wind turbine near his golf course.

The president today said he won’t stop until “gleaming new infrastructure has made America the envy of the world again.”

When asked whether he thought climate change was a “hoax,” as he once tweeted, he said no. “Nothing’s a hoax about that,” he said.

The president said there’s a book about climate he’s planning to read. He said, “It’s a very serious subject.”

 

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