CPUC penalizes Southern California Edison

By California Public Utilities Commission


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The California Public Utilities Commission CPUC recently penalized Southern California Edison $16.7 million for failure to timely report ex parte communications and for misleading the CPUC, in violation of CPUC rules.

The CPUC determined that Edison engaged in eight unreported ex parte communications between March 26, 2013 and June 17, 2014 related to the shutdown of the San Onofre Nuclear Generating Station, in violation of Rule 8.4 of the CPUCÂ’s Rules of Practice and Procedure stemming from failure to report, before or after, ex parte communications that occurred between an Edison executives and a Commissioner. In addition, the CPUC determined that Edison twice violated Rule 1.1, the CPUCÂ’s ethics rule, as a result of the acts and omissions of Edison and its employees, which misled the CPUC, showed disrespect for the CPUCÂ’s Rules, and undermined public confidence in the CPUC.

Of the total penalty:

- $16,520,000 is based on finding that a continuing Rule 1.1 violation was set in motion by EdisonÂ’s failure to accurately and timely report ex parte communications that occurred in Warsaw, Poland

- $190,000 is for EdisonÂ’s violations of Rule 8.4 related to unreported ex parte communications

- $30,000 is for a Rule 1.1 violation related to a false statement about ex parte communications

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How the dirtiest power station in western Europe switched to renewable energy

Drax Biomass Conversion accelerates renewable energy by replacing coal with wood pellets, sustainable forestry feedstock, and piloting carbon capture and storage, supporting the UK grid, emissions cuts, and a net-zero pathway.

 

Key Points

Drax Biomass Conversion is Drax's shift from coal to biomass with CCS pilots to cut emissions and aid UK's net-zero.

✅ Coal units converted to biomass wood pellets

✅ Sourced from sustainable forestry residues

✅ CCS pilots target lifecycle emissions cuts

 

A power station that used to be the biggest polluter in western Europe has made a near-complete switch to renewable energy, mirroring broader shifts as Denmark's largest energy company plans to end coal by 2023.

The Drax Power Station in Yorkshire, England, used to spew out millions of tons of carbon dioxide a year by burning coal. But over the past eight years, it has overhauled its operations by converting four of its six coal-fired units to biomass. The plant's owners say it now generates 15% of the country's renewable power, as Britain recently went a full week without coal power for the first time.

The change means that just 6% of the utility's power now comes from coal, as the wider UK coal share hits record lows across the national electricity system. The ultimate goal is to stop using coal altogether.

"We've probably reduced our emissions more than any other utility in the world by transforming the way we generate power," Will Gardner, CEO of the Drax Group, told CNN Business.

Subsidies have helped finance the switch to biomass, which consists of plant and agricultural matter and is viewed as a promising substitute for coal, and utilities such as Nova Scotia Power are also increasing biomass use. Last year, Drax received £789 million ($1 billion) in government support.

 

Is biomass good for the environment?

While scientists disagree over the extent to which biomass as a fuel is environmentally friendly, and some environmentalists urge reducing biomass use amid concerns about lifecycle emissions, Drax highlights that its supplies come from from sustainably managed and growing forests.

Most of the biomass used by Drax consists of low-grade wood, sawmill residue and trees with little commercial value from the United States. The material is compressed into sawdust pellets.

Gardner says that by purchasing bits of wood not used for construction or furniture, Drax makes it more financially viable for forests to be replanted. And planting new trees helps offset biomass emissions.

Forests "absorb carbon as they're growing, once they reach maturity, they stop absorbing carbon," said Raphael Slade, a senior research fellow at Imperial College London.

But John Sterman, a professor at MIT's Sloan School of Management, says that in the short term burning wood pellets adds more carbon to the atmosphere than burning coal.

That carbon can be absorbed by new trees, but Sterman says the process can take decades.

"If you're looking at five years, [biomass is] not very good ... If you're looking at a century-long time scale, which is the sort of time scale that many foresters plan, then [biomass] can be a lot more beneficial," says Slade.

 

Carbon capture

Enter carbon capture and storage technology, which seeks to prevent CO2 emissions from entering the atmosphere and has been touted as a possible solution to the climate crisis.

Drax, for example, is developing a system to capture the carbon it produces from burning biomass. But that could be 10 years away.

 

The Coal King is racing to avoid bankruptcy

The power station is currently capturing just 1 metric ton of CO2 emissions per day. Gardner says it hopes to increase this to 10,000 metric tons per day by the mid to late 2020s.

"The technology works but scaling it up and rolling it out, and financing it, are going to be significant challenges," says Slade.

The Intergovernmental Panel on Climate Change shares this view. The group said in a 2018 report that while the potential for CO2 capture and storage was considerable, its importance in the fight against climate change would depend on financial incentives for deployment, and whether the risks of storage could be successfully managed. These include a potential CO2 pipeline break.

In the United Kingdom, the government believes that carbon capture and storage will be crucial to reaching its goal of achieving net-zero greenhouse gas emissions by 2050, even as low-carbon generation stalled in 2019 according to industry analysis.

It has committed to consulting on a market-based industrial carbon capture framework and in June awarded £26 million ($33 million) in funding for nine carbon capture, usage and storage projects, amid record coal-free generation on the British grid.

 

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EIA: Pennsylvania exports the most electricity, California imports the most from other states

U.S. Electricity Trade by State, 2013-2017 highlights EIA grid patterns, interstate imports and exports, cross-border flows with Canada and Mexico, net exporters and importers, and market regions like ISOs and RTOs shaping consumption and generation.

 

Key Points

Brief EIA overview of interstate and cross-border power flows, ranking top net importers and exporters.

✅ Pennsylvania was the largest net exporter, averaging 59 million MWh.

✅ California was the largest net importer, averaging 77 million MWh.

✅ Top cross-border: NY, CA, VT, MN, MI imports; WA, TX, CA, NY, MT exports.

 

According to the U.S. Energy Information Administration (EIA) State Electricity Profiles, from 2013 to 2017, Pennsylvania was the largest net exporter of electricity, while California was the largest net importer.

Pennsylvania exported an annual average of 59 million megawatt-hours (MWh), while California imported an average of 77 million MWh annually.

Based on the share of total consumption in each state, the District of Columbia, Maryland, Massachusetts, Idaho and Delaware were the five largest power-importing states between 2013 and 2017, highlighting how some clean states import 'dirty' electricity as consumption outpaces local generation. Wyoming, West Virginia, North Dakota, Montana and New Hampshire were the five largest power-exporting states. Wyoming and West Virginia were net power exporting states between 2013 and 2017.

New York, California, Vermont, Minnesota and Michigan imported the most electricity from Canada or Mexico on average from 2013 to 2017, reflecting the U.S. look to Canada for green power during that period. Similarly, Washington, Texas, California, New York, and Montana exported the most electricity to Canada or Mexico, on average, during the same period.

Electricity routinely flows among the Lower 48 states and, to a lesser extent, between the United States and Canada and Mexico. From 2013 to 2017, Pennsylvania was the largest net exporter of electricity, sending an annual average of 59 million megawatthours (MWh) outside the state. California was the largest net importer, receiving an average of 77 million MWh annually.

Based on the share of total consumption within each state, the District of Columbia, Maryland, Massachusetts, Idaho, and Delaware were the five largest power-importing states between 2013 and 2017. Wyoming, West Virginia, North Dakota, Montana, and New Hampshire were the five largest power-exporting states. States with major population centers and relatively less generating capacity within their state boundaries tend to have higher ratios of net electricity imports to total electricity consumption, as utilities devote more to electricity delivery than to power production in many markets.

Wyoming and West Virginia were net power exporting states (they exported more power to other states than they consumed) between 2013 and 2017. Customers residing in these two states are not necessarily at an economic disadvantage or advantage compared with customers in neighboring states when considering their electricity bills and fees and market dynamics. However, large amounts of power trading may affect a state’s revenue derived from power generation.

Some states also import and export electricity outside the United States to Canada or Mexico, even as Canada's electricity exports face trade tensions today. New York, California, Vermont, Minnesota, and Michigan are the five states that imported the most electricity from Canada or Mexico on average from 2013 through 2017. Similarly, Washington, Texas (where electricity production and consumption lead the nation), California, New York, and Montana are the five states that exported the most electricity to Canada or Mexico, on average, for the same period.

Many states within the continental United States fall within integrated market regions, referred to as independent system operators or regional transmission organizations. These integrated market regions allow electricity to flow freely between states or parts of states within their boundaries.

EIA’s State Electricity Profiles provide details about the supply and disposition of electricity for each state, including net trade with other states and international imports and exports, and help you understand where your electricity comes from more clearly.

 

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German renewables deliver more electricity than coal and nuclear power for the first time

Germany renewable energy milestone 2019 saw wind, solar, hydropower, and biomass outproduce coal and nuclear, as low gas prices and high CO2 costs under the EU ETS reshaped the electricity mix, per Fraunhofer ISE.

 

Key Points

It marks H1 2019 when renewables supplied 47.3% of Germany's electricity, surpassing coal and nuclear.

✅ Driven by high CO2 prices and cheap natural gas

✅ Wind and solar output rose; coal generation declined sharply

✅ Flexible gas plants outcompeted inflexible coal units

 

In Lippendorf, Saxony, the energy supplier EnBW is temporarily taking part of a coal-fired power plant offline. Not because someone ordered it — it simply wasn't paying off. Gas prices are low, CO2 prices are high, and with many hours of sunshine and wind, renewable methods are producing a great deal of electricity as part of Germany's energy transition now reshaping operations. And in the first half of the year there was plenty of sun and wind.

The result was a six-month period in which renewable energy sources, a trend echoed by the EU wind and solar record across the bloc, produced more electricity than coal and nuclear power plants together. For the first time 47.3% of the electricity consumers used came from renewable sources, while 43.4% came from coal-fired and nuclear power plants.

In addition to solar and wind power, renewable sources also include hydropower and biomass. Gas supplied 9.3%, reflecting how renewables are crowding out gas across European power markets, while the remaining 0.4% came from other sources, such as oil, according to figures published by the Fraunhofer Institute for Solar Energy Systems in July.

Fabian Hein from the think tank Agora Energiewende stresses that the situation is only a snapshot in time, with grid expansion woes still shaping outcomes. For example, the first half of 2019 was particularly windy and wind power production rose by around 20% compared to the first half of 2018.

Electricity production from solar panels rose by 6%, natural gas by 10%, while the share of nuclear power in German electricity consumption has remained virtually unchanged despite a nuclear option debate in climate policy.

Coal, on the other hand, declined. Black coal energy production fell by 30% compared to the first half of 2018, lignite fell by 20%. Some coal-fired power plants were even taken off the grid, even as coal still provides about a third of Germany's electricity. It is difficult to say whether this was an effect of the current market situation or whether this is simply part of long-term planning, says Hein.

 

Activists storm German mine in anti-coal protest

It is clear, however, that an increased CO2 price has made the ongoing generation of electricity from coal more expensive. Gas-fired power plants also emit CO2, but less than coal-fired power plants. They are also more efficient and that's why gas-fired power plants are not so strongly affected by the CO2 price

The price is determined at a European level and covers power plants and energy intensive industries in Europe. Other areas, such as heating or transport are not covered by the CO2 price scheme. Since a reform of CO2 emissions trading in 2017, the price has risen sharply. Whereas in September 2016 it was just over €5 ($5.6), by the end of June 2019 it had climbed to over €26.

 

Ups and downs

Gas as a raw material is generally more expensive than coal. But coal-fired power plants are more expensive to build. This is why operators want to run them continuously. In times of high demand, and therefore high prices, gas-fired power plants are generally started up, as seen when European power demand hit records during recent heatwaves, since it is worth it at these times.

Gas-fired power plants can be flexibly ramped up and down. Coal-fired power plants take 11 hours or longer to get going. That's why they can't be switched on quickly for short periods when prices are high, like gas-fired power plants. In the first half of the year, however, coal-fired power plants were also ramped up and down more often because it was not always worthwhile to let the power plant run around the clock.

Because gas prices were particularly low in the first half of 2019, some gas-fired power plants were more profitable than coal-fired plants. On June 29, 2019, the gas price at the Dutch trading point TTF was around €10 per megawatt hour. A year earlier, it had been almost €20. This is partly due to the relatively mild winter, as there is still a lot of gas in reserve, confirmed a spokesman for the Federal Association of the Energy and Water Industries (BDEW). There are also several new export terminals for liquefied natural gas. Additionally, weaker growth and trade wars are slowing demand for gas. A lot of gas comes to Europe, where prices are still comparatively high, reported the Handelsblatt newspaper.

The increase in wind and solar power and the decline in nuclear power have also reduced CO2 emissions. In the first half of 2019, electricity generation emitted around 15% less CO2 than in the same period last year, reported BDEW. However, the association demands that the further expansion of renewable energies should not be hampered. The target of 65% renewable energy can only be achieved if the further expansion of renewable energy sources is accelerated.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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Atlantic grids, forestry, coastlines need rethink in era of intense storms: experts

Atlantic Canada Hurricane Resilience focuses on climate change adaptation: grid hardening, burying lines, coastline resiliency to sea-level rise, mixed forests, and aggressive tree trimming to reduce outages from hurricane-force winds and post-tropical storms.

 

Key Points

A strategy to harden grids, protect coasts, and manage forests to limit hurricane damage across Atlantic Canada.

✅ Grid hardening and selective undergrounding to cut outage risk.

✅ Coastal defenses: seawalls, dikes, and shoreline vegetation upgrades.

✅ Mixed forests and proactive tree trimming to reduce windfall damage.

 

In an era when storms with hurricane-force winds are expected to keep battering Atlantic Canada, experts say the region should make major changes to electrical grids, power utilities and shoreline defences and even the types of trees being planted.

Work continues today to reconnect customers after post-tropical storm Dorian knocked out power to 80 per cent of homes and businesses in Nova Scotia. By early afternoon there were 56,000 customers without electricity in the province, compared with 400,000 at the storm's peak on the weekend, a reminder that major outages can linger long after severe weather.

Recent scientific literature says 35 hurricanes -- not including post-tropical storms like Dorian -- have made landfall in the region since 1850, an average of one every five years that underscores the value of interprovincial connections like the Maritime Link for reliability.

Heavy rains and strong winds batter Shelburne, N.S. on Saturday, Sept. 7, 2019 as Hurricane Dorian approaches, making storm safety practices crucial for residents. (Suzette Belliveau/ CTV Atlantic)

Anthony Taylor, a forest ecologist scientist with Natural Resources Canada, wrote in a recent peer-reviewed paper that climate change is expected to increase the frequency of severe hurricanes.

He says promoting more mixed forests with hardwoods would reduce the rate of destruction caused by the storms.

Erni Wiebe, former director of distribution at Manitoba Hydro, says the storms should cause Atlantic utilities to rethink their view that burying lines is too expensive and to contemplate other long-term solutions such as the Maritime Link that enhance grid resilience.

Blair Feltmate, head of the Intact Centre on Climate Change at the University of Waterloo, says Atlantic Canada should also develop standards for coastline resiliency due to predictions of rising sea levels combining with the storms, while considering how delivery rate changes influence funding timelines.

He says that would mean a more rapid refurbishing of sea walls and dike systems, along with more shoreline vegetation.

Feltmate also calls for an aggressive tree-trimming program to limit power outages that he says "will otherwise continue to plague the Maritimes," while addressing risks like copper theft through better security.

 

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Duke Energy seeks changes in how solar owners are paid for electricity

Duke Energy Net Metering Proposal updates rooftop solar compensation with time-of-use rates, lower grid credits, and a minimum charge, aligning payments with electricity demand in North Carolina pending regulators' approval.

 

Key Points

A plan to swap flat credits for time-of-use rates and a minimum charge for rooftop solar customers in North Carolina.

✅ Time-of-use credits vary by grid demand

✅ $10 minimum use charge plus $14 basic fee

✅ Aims to align solar payouts with actual electricity value

 

Duke Energy has proposed new rules for how owners of rooftop solar panels are paid for electricity they send to the electric grid. It could mean more complexity and lower payments, but the utility says rates would be fairer.

State legislators have called for changes in the payment rules — known as "net metering" policies that allow households to sell power back to energy firms.

Right now, solar panel owners who produce more electricity than they need get credits on their bills, equal to whatever they pay for electricity. Under the proposed changes, the credit would be lower and would vary according to electricity demand, said Duke spokesperson Randy Wheeless.

"So in a cold winter morning, like now, you would get more, but maybe in a mild spring day, you would get less," Wheeless said Tuesday. "So, it better reflects what the price of electricity is."

Besides setting rates by time of use, solar owners also would have to pay a minimum of $10 a month for electricity, even if they don't use any from the grid. That's on top of Duke's $14 basic charge. Duke said it needs the extra revenue to pay for grid infrastructure to serve solar customers.

The proposal is the result of an agreement between Duke and solar industry groups — the North Carolina Sustainable Energy Association; the Southern Environmental Law Center, which represented Vote Solar and the Southern Alliance for Clean Energy; solar panel maker Sunrun Inc.; and the Solar Energy Industries Association.

The deal is similar to one approved by regulators in South Carolina last year, while in Nova Scotia a solar charge was delayed after controversy.

Daniel Brookshire of the North Carolina Sustainable Energy Association said he hopes the agreement will help the solar industry.

"We reached an agreement here that we think will provide certainty over the next decade, at least, for those interested in pursuing solar for their homes, and for our members who are solar installers," Brookshire said.

But other environmental and consumer groups oppose the changes, amid debates over who pays for grid upgrades elsewhere. Jim Warren with NC WARN said the rules would slow the expansion of rooftop solar in North Carolina.

"It would make it even harder for ordinary people to go solar," Warren said. "This would make it more complicated and more expensive, even for wealthier homeowners."

State regulators still must approve the proposal, even as courts weigh aspects of the electricity monopoly in related solar cases. If state regulators approve it, rates for new net metering customers would take effect Jan. 1, 2023.

 

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