Let the falls flow all year, federal agency told: Dam licensing hearing draws abut 100 people

By The Spokesman-Review


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Spokane residents told federal regulators that looks do matter when it comes to the Spokane River, and they want plenty of water roaring over the scenic downtown falls throughout the summer.

The question now is, how much water should Avista be required to run in the river during the summer? The answer will be handed down by the Federal Energy Regulatory Commission as it issues new licenses for the utility's five river dams. FERC held public hearings on a draft environmental impact statement recently that drew about 100 people.

Avista proposes a baseline flow of 200 cubic feet of water per second, perhaps enough to tumble across the north channel of the falls near Clinkerdagger restaurant during daylight hours.

Some state agencies and other interests such as the city of Spokane and the Spokane Regional Chamber of Commerce (now called Greater Spokane Inc.) say the company's plan appears adequate. But if such a flow falls short of expectations, the business community and local government want the right to ask for more water.

Yet many residents and businesspeople said they want more than twice that much water pouring through the channel, claiming that the rugged beauty of the falls is just the sort of natural wonder that brands the city as "Near Nature, Near Perfect" and drives job recruitment and economic gain.

Don Sheridan said when Avista diverts water from the falls into powerhouses, it deprives the city of its main attraction. He said it is as if Avista were to drop the level of Lake Coeur d'Alene by 10 feet for the summer.

"The river is becoming that important to Spokane," he said.

Don Barbieri, the chairman of Red Lion Hotels Corp. who is building millions of dollars worth of downtown condominiums on the north bank of the Spokane River, asked FERC officials at the hearing to require that Avista run at least 500 cubic feet of water per second down the north channel of the Spokane Falls all year long. It's a position advocated by the Sierra Club that Avista calls an 11th-hour attempt to muddy a seven-year collaborative effort.

Avista is not now bound to run water over the falls during the summer, so residents will see a big change during those dry months no matter what FERC decides. For perspective, the April runoff last year was about 20,000 cubic feet of water per second, according to FERC.

Andrew Stenbeck of the Washington Department of Natural Resources called the Sierra Club's push for more water for the falls an aesthetic, subjective argument rather than something that would make the river a better fishery.

Scott Forsell, with Bureau of Land Management, added that a working group of about 40 people studied river flows and determined that by doing some riverbed modifications, the baseline flow proposed by Avista is expected to make eye-pleasing aesthetic improvements to what is now an often dry riverbed for weeks during downtown's showcase summer months.

Some speakers, including John Dixon, found the whole idea that any organization could physically turn off the waterfalls as if it were a faucet, inconceivable.

Other speakers spoke of a need to help the Spokane River's struggling fishery.

While debate churns about the Spokane River falls, Avista's larger hurdle is how to reach agreement with the Coeur d'Alene Tribe, whose members want Avista to make reparations for decades of environmental and cultural degradation and run the dams, including Post Falls, in ways more in sync with natural cycles.

The company attempted to reach a sweeping compromise through a collaborative relicensing process that began five years ago. Sometimes it worked, and often it failed.

Most notably, it failed with the tribe, and the sides had to argue their positions to an administrative law judge. The findings are now being reviewed, and the U.S. Department of the Interior, representing tribal interests, will place conditions on Avista's new license.

Avista and the tribe have exchanged tough words in recent years, especially after Avista decided to ask FERC to split its relicensing request into two parts - one for the dams in Spokane County, and another for the Post Falls Dam that regulates the water level of Lake Coeur d'Alene. Together, the five dams generate a fraction of the electricity that Avista sells to customers.

Avista once said complying with tribal demands could cost $500 million to be borne by ratepayers and thus wanted such a thorny issue separated from what it assumes will be smoother success at earning a new license to operate its four other dams including Little Falls, Nine Mile, Monroe Street and Upper Falls.

The tribe says such estimates are fear-mongering nonsense aimed at nothing but riling up ratepayers to turn on the tribe.

A tribal official also disputed rumors that the tribe wants to draw down the lake.

Bruce Howard, Avista's Spokane River project manager, said the company is committed to keep working with the tribe and will carry out whatever terms are outlined by the new license.

Lindell Haggin told FERC she wondered about the wisdom of awarding a license for 30 to 50 years when issues affecting the river are changing so quickly with technology, climate change and property developments along the river.

John Blair, who is FERC's relicensing project manager, said such concerns are legitimate but added that the federal agency now uses what he called an adaptive management technique to offer flexibility to long-range licensing.

FERC will accept comments on the draft environmental impact statements until March 6.

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Hydro One, Avista to ask U.S. regulator to reconsider order against acquisition

Hydro One Avista Takeover faces Washington UTC scrutiny as regulators deny approval; companies plan a reconsideration petition, citing acquisition terms, governance concerns, merger risks, EPS dilution, and balance sheet impacts across regulated utility operations.

 

Key Points

A $6.7B bid by Hydro One to buy Avista, denied by Washington UTC on governance risk, under reconsideration petition.

✅ UTC denied over potential provincial interference.

✅ Petition for reconsideration due by Dec. 17.

✅ Deal seen diluting EPS, weakening balance sheet.

 

Hydro One Ltd. and Avista Corp. say they plan to formally request that the Washington Utilities and Transportation Commission reconsider its order last week denying approval of the $6.7-billion takeover, which previously received U.S. antitrust clearance from federal regulators, of the U.S.-based energy utility.

The two companies say they will file a petition no later than Dec. 17 but haven't indicated on what grounds they are making the request, even as investor concerns about Hydro One persist.

Under Washington State law, the UTC has 20 days to consider the petition, otherwise it is deemed to be denied.

If it reconsiders its decision, the UTC can modify the prior order or take any actions it deems appropriate, similar to provincial rulings such as the OEB decision on Hydro One's first combined T&D rates, including extending deliberations.

Washington State regulators said they would not allow Ontario's largest utility to buy Avista for fear the provincial government, which owns 47 per cent of Hydro One's shares and recently prompted a CEO and board exit at the utility, might meddle in Avista's operations.

Hydro One's shares have risen since the order because the deal, announced in July 2017, would have eroded earnings per share and weakened Hydro One's balance sheet, according to analysts, even as the company reported a one-time-boosted Q2 profit earlier this year.

 

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Niagara Falls Powerhouse Gets a Billion-Dollar Upgrade for the 21st Century

Sir Adam Beck I refurbishment boosts hydropower capacity in Niagara, upgrading turbines, generators, and controls for Ontario Power Generation. The billion-dollar project enhances grid reliability, clean energy output, and preserves heritage architecture.

 

Key Points

An OPG upgrade of the historic Niagara plant to replace equipment, add 150 MW, and extend clean power life.

✅ Adds at least 150 MW to Ontario's clean energy supply

✅ Replaces turbines, generators, transformers, and controls

✅ Creates hundreds of skilled construction and engineering jobs

 

Ontario's iconic Sir Adam Beck hydroelectric generating station in Niagara is set to undergo a massive, billion-dollar refurbishment. The project will significantly boost the power station's capacity and extend its lifespan, with efforts similar to revitalizing older dams seen across North America, ensuring a reliable supply of clean energy for decades to come.


A Century of Power Generation

The Sir Adam Beck generating stations have played a pivotal role in Ontario's power grid for over a century. The first generating station, Sir Adam Beck I, went online in 1922, followed by Sir Adam Beck II in 1954. A third station, the Sir Adam Beck Pump Generating Station, was added in 1957, highlighting the role of pumped storage in Ontario for grid flexibility, Collectively, they form one of the largest hydroelectric complexes in the world, harnessing the power of the Niagara River.


Preparing for Increased Demand

The planned refurbishment of Sir Adam Beck I is part of Ontario Power Generation's broader strategy, which includes the life extension at Pickering NGS among other initiatives, to meet the growing energy demands of the province. With the population expanding and a shift towards electrification, Ontario will need to increase its power generation capacity while also focusing on sustainable and clean sources of energy.


Billions to Secure Sustainable Energy

The project to upgrade Sir Adam Beck I carries a hefty price tag of over a billion dollars but is considered a vital investment in Ontario's energy infrastructure, and recent OPG financial results underscore the utility's capacity to manage long-term capital plans. The refurbishment will see the replacement of aging turbines, generators, and transformers, and a significant upgrade to the station's control systems. Following the refurbishment, the output of Sir Adam Beck I is expected to increase by at least 150 megawatts – enough to power thousands of homes and businesses.


Creating Green Jobs

In addition to securing the province's energy future, the upgrade presents significant economic benefits to the Niagara region. The project will create hundreds of well-paying construction and engineering jobs, similar to employment from the continued operation of Pickering Station across Ontario, during the several years it will take to implement the upgrades.


Commitment to Hydropower

Ontario Power Generation (OPG) has long touted the benefits of hydropower as a reliable, renewable, and affordable source of energy, even as an analysis of rising grid emissions underscores the importance of clean generation to meet demand. The Sir Adam Beck complex is a shining example and represents a significant asset in the fight against climate change while providing reliable power to Ontario's businesses and residents.


Balancing Energy Needs with Heritage Preservation

The refurbishment will also carefully integrate modern design with the station's heritage elements, paralleling decisions such as the refurbishment of Pickering B that weigh system needs and public trust. Sir Adam Beck I is a designated historic site, and the project aims to preserve the station's architectural significance while enhancing its energy generation capabilities.

 

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Reconciliation and a Clean Electricity Standard

Clean Electricity Standard (CES) sets utility emissions targets, uses tradable credits, and advances decarbonization via technology-agnostic benchmarks, carbon capture, renewable portfolio standards, upstream methane accounting, and cap-and-trade alternatives in reconciliation policy.

 

Key Points

CES sets utility emissions targets using tradable credits and benchmarks to drive power-sector decarbonization.

✅ Annual clean energy targets phased to 2050

✅ Tradable credits for compliance across utilities

✅ Includes upstream methane and lifecycle emissions

 

The Biden Administration and Democratic members of Congress have supported including a clean electricity standard (CES) in the upcoming reconciliation bill. A CES is an alternative to pricing carbon dioxide through a tax or cap-and-trade program and focuses on reducing greenhouse gas emissions produced during electricity generation by establishing targets, while early assessments show mixed results so far. In principle, it is a technology-agnostic approach. In practice, however, it pushes particular technologies out of the market.

The details of the CES are still being developed, but recent legislation may provide insight into how the CES could operate. In May, Senator Tina Smith and Representative Ben Ray Luján introduced the Clean Energy Standard Act of 2019 (CESA), while Minnesota's 100% carbon-free mandate offers a state-level parallel, and in January 2020, the House Energy and Commerce Committee released a discussion draft of the Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act. Both bills increase the clean energy target annually until 2050 in order to phase out emissions. Both bills also create a credit system where clean sources of electricity as determined by a benchmark, carbon dioxide emitted per kilowatt-hour, receive credits. These credits may be transferred, sold, and auctioned so utilities that fail to meet targets can procure credits from others, as large energy customers push to accelerate clean energy globally.

The bills’ benchmarks vary, and while the CLEAN Future Act allows natural gas-fired generators to receive partial credits, CESA does not. Under both bills, these generators would be expected to install carbon capture technology to continue meeting increasing targets for clean electricity generation. Both bills go beyond considering the emissions resulting from generation and include upstream emissions for natural gas-fired generators. Natural gas, a greenhouse gas, that is leaked upstream of a generator during transportation is to be included among its emissions. The CLEAN Future Act also calls for newly constructed hydropower generators to account for the emissions associated with the facility’s construction despite producing clean electricity. These additional provisions demonstrate not only the CES’s inability to fully address the issue of emissions but also the slippery slope of expanding the program to include other markets, echoing cost and reliability concerns as California exports its energy policies across the West.

A majority of states have adopted clean energy, electricity, or renewable portfolio standards, with some considering revamping electricity rates to clean the grid, leaving legislators with plenty of examples to consider. As they weigh their options, legislators should consider if they are effectively addressing the problem at hand, economy-wide emissions reductions, and at what cost, drawing on examples like New Mexico's 100% clean electricity bill to inform trade-offs.

 

 

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Europe's stunted hydro & nuclear output may hobble recovery drive

Europe 2023 Energy Shortfall underscores how weak hydro and nuclear offset record solar and wind, tightening grids as natural gas supplies shrink and demand rebounds, heightening risks of electricity shortages across key economies.

 

Key Points

A regional gap as weak hydro and nuclear offset record solar and wind, straining supply as gas stays tight.

✅ Hydro and nuclear output fell sharply in early 2023

✅ Record solar and wind could not offset the deficit

✅ Industrial demand rebound pressures limited gas supplies

 

Shortfalls in Europe's hydro and nuclear output have more than offset record electricity generation from wind and solar power sites over the first quarter of 2023, leaving the region vulnerable to acute energy shortages for the second straight year.

European countries fast-tracked renewable energy capacity development in 2022 in the wake of Russia's invasion of Ukraine last February, which upended natural gas flows to the region and sent power prices soaring.

Europe lifted renewable energy supply capacity by a record 57,290 megawatts in 2022, or by nearly 9%, according to the International Energy Agency (IRENA), amid a scramble to replace imported Russian gas with cleaner, home-grown energy.

However, steep drops in both hydro and nuclear output - two key sources of non-emitting energy - mean Europe's power producers have limited ways to lift overall electricity generation, as the region is losing nuclear power at a critical moment, just as the region's economies start to reboot after last year's energy shock.

POWER PLATEAU
Europe's total electricity generation over the first quarter of 2023 hit 1,213 terawatt hours, or roughly 6.4% less than during the same period in 2022, according to data from think tank Ember.

At the same time, European power hits records during extreme heat as plants struggle to cool, exacerbating supply risks.

As Europe's total electricity demand levels were in post-COVID-19 expansion mode in early 2022 before Russia's so-called special operation sent power costs to record highs amid debates over how electricity is priced in Europe, it makes sense that overall electricity use was comparatively stunted in early 2023.

However, efforts are now underway to revive activity at scores of European factories, industrial plants and production lines that were shuttered or curtailed in 2022, so Europe's collective electricity consumption totals are set to trend steadily higher over the remainder of 2023.

With Russian natural gas unavailable in the previous quantities due to sanctions and supply issues, Europe's power producers will need to deploy alternative energy sources, including renewables poised to eclipse coal globally, to feed that increase in power demand.

And following the large jump in renewable capacity brought online in 2022, utilities can deploy more low-emissions energy than ever before across Europe's electricity grids.

 

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B.C. Commercial electricity consumption plummets during COVID-19 pandemic

BC Hydro COVID-19 Relief Fund enables small businesses to waive electricity bills for commercial properties during the pandemic, offering credits, rate support, and applications for eligible customers forced to temporarily close.

 

Key Points

A program that lets eligible small businesses waive up to three months of BC Hydro bills during COVID-19 closures.

✅ Eligible small general service BC Hydro accounts

✅ Up to 3 months of waived electricity charges

✅ Must be temporarily closed due to the pandemic

 

Businesses are taking advantage of a BC Hydro relief fund that allows electricity bills for commercial properties to be waived during the COVID-19 pandemic.

More than 3,000 applications have already been filed since the program launched on Wednesday, allowing commercial properties forced to shutter during the crisis to waive the expense for up to three months, while Ontario rate reductions are taking effect for businesses under separate measures. 

“To be eligible for the COVID-19 Relief Fund, business customers must be on BC Hydro’s small general service rate and have temporarily closed or ceased operation due to the COVID-19 pandemic,” BC Hydro said in a statement. “BC Hydro estimates that around 40,000 small businesses in the province will be eligible for the program.”

The program builds off a similar initiative BC Hydro launched last week for residential customers who have lost employment or income because of COVID-19, and parallels Ontario's subsidized hydro plan introduced to support ratepayers. So far, 57,000 B.C. residents have applied for the relief fund, which amounts to an estimated $16 million in credits, amid scrutiny over deferred BC Hydro operating costs reported by the auditor general.

Electricity use across B.C. has plummeted since the outbreak began. 

According to BC Hydro, daily consumption has fallen 13% in the first two weeks of April, aligning with electricity demand down 10% reports, compared to the three-year average for the same time period.

Electricity use has fallen 30% for recreation facilities, 29% in the restaurant sector and 27% in hotels, while industry groups such as Canadian Manufacturers & Exporters have supported steps to reduce prices. 

For more information about the COVID-19 Relief Fund and advice on avoiding BC Hydro scam attempts, go to bchydro.com/covid19relief.

 

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Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

 

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

 

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

 

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