Virginia Power drops idea for calculating profit

By Richmond Times-Dispatch


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Dominion Virginia Power's bill to return Virginia's electricity supply to state regulation has undergone changes in recent days but not enough to quiet its critics.

The utility has agreed to return to "pretty much traditional regulation with a few tweaks," said David Shuford, its vice president for state regulation.

Not all agree with that assessment.

Irene Leech, president of the Virginia Citizens Consumer Council, said the changes have improved the bill, but its terms are still far too sweet for the state's utilities. She said the measure guarantees utilities unwarranted profits while actually reducing their financial risk.

Jack Reasor, president and CEO of the Virginia, Maryland & Delaware Association of Electric Cooperatives, does not like a provision that would allow large commercial consumers to continue to shop around for electricity. If Virginia is going to return to regulation, it "needs to make a choice and not straddle the line," he said.

The proposed changes come from talks Dominion Virginia Power has had with the legislation's critics over the past two weeks.

The General Assembly commission overseeing the state's decade-old experiment with deregulation asked Deputy Attorney General Bill Mims to host a series of meetings to see if the utility and the bill's critics could reach agreement.

Dominion Virginia Power has dropped its proposed controversial formula for setting utility profits, based on utility bond interest. Instead, the company has agreed to have the State Corporation Commission set the allowed profit for utilities - on which consumer rates are based - in the same way it did in the past.

The company wants the law to say that an approved profit could be no lower than the average return for the utility's peers in the Southeast. The SCC would determine what utilities should be included in the peer group.

Shuford said the utility needs to earn at least as much profit as its peers to attract the investment needed to build expensive primary power plants, such as a proposed coal-burning plant in Southwest Virginia and a new nuclear reactor at Lake Anna, to meet growing electricity demand.

To enhance a utility's ability to attract investment in generation projects, the proposal now says the SCC could allow a utility to earn an additional 2 percent to 4 percent profit on new power plants.

As an incentive to operate efficiently, Dominion Virginia Power's original proposal would have allowed a utility to earn 1 percent above its approved profit before it would have to share any excess profit with consumers. The new proposal would require profit sharing with consumers after profits exceeded their approved level by half of a percent.

Utility earnings would be reviewed by the SCC every two years. Sixty percent of excess earnings in each year of the two-year review period would be shared with consumers through credits on their bills.

A utility could not seek a rate increase until its profits fell below the allowed mark by at least half a percent.

However, if rates climbed faster than the rate of inflation and profits exceeded what the SCC allowed, the commission could order all excess earnings returned to consumers. The SCC, in any case, could block rates from rising more than 2 percent above the yearly inflation rate.

Dominion Virginia Power also has agreed that the SCC should be able to cut rates if profits proved excessive for two consecutive biennial reviews.

Other changes in the original legislation:

- Give smaller commercial customers the ability to aggregate their power usage in order to take advantage of a provision in the proposal that would allow power customers using more than 5 megawatts of electricity to shop for an electricity source cheaper than their local utility.

- Allow utilities to voluntarily adopt a portfolio of electricity produced from renewable energy sources, such as wind or solar.

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How vehicle-to-building charging can save costs, reduce GHGs and help balance the grid: study

Ontario EV Battery Storage ROI leverages V2B, V2G, two-way charging, demand response, and second-life batteries to monetize peak pricing, cut GHG emissions, and unlock up to $38,000 in lifetime value for commuters and buildings.

 

Key Points

The economic return from V2B/V2G two-way charging and second-life storage using EV batteries within Ontario's grid.

✅ Monetize peak pricing via workplace V2B discharging

✅ Earn up to $8,400 per EV over vehicle life

✅ Reduce gas generation and GHGs with demand response

 

The payback that usually comes to mind when people buy an electric vehicle is to drive an emissions-free, low-maintenance, better-performing mode of transportation.

On top of that, you can now add $38,000.

That, according to a new report from Ontario electric vehicle education and advocacy nonprofit, Plug‘n Drive, is the potential lifetime return for an electric car driven as a commuter vehicle while also being used as an electricity storage option amid an energy storage crunch in Ontario’s electricity system.

“EVs contain large batteries that store electric energy,” says the report. “Besides driving the car, [those] batteries have two other potentially useful applications: mobile storage via vehicle-to-grid while they are installed in the vehicle, and second-life storage after the vehicle batteries are retired.”

Pricing and demand differentials
The study, prepared by the research firm Strategic Policy Economics, modeled a two-stage scenario calculating the total benefits from both mobile and second-life storage when taking advantage of differences in daytime and nighttime electricity pricing and demand.


If done systematically and at scale, the combined benefits to EV owners, building operators and the electricity system in Ontario could reach $129 million per year by 2035, according to the report. Along with the financial gains, the province would also cut GHG emissions by up to 67.2 kilotons annually.

The math might sound complicated, but the concepts are simple. All it requires is for drivers to charge their batteries with low-cost electricity overnight at home, then plug them into two-way EV charging stations at work and discharge their stored electricity for use by the building by day when buying power from the grid is more expensive.

“Workplace buildings could avoid high daytime prices by purchasing electricity from EVs parked onsite and enjoy savings as a result,” says the report.

Based on average commuting distances, EVs in this scenario could make half their storage capacity available for discharge. Drivers would be paid out of the building’s savings, effectively selling electricity back to the grid and earning up to $8,400 over the life of their vehicle.

According to the report, Ontario could have as many as 18,555 vehicles participating in mobile storage by 2030. At this level, the daily electricity demand would be reduced by 565 MWh. This, in turn, would reduce demand for natural gas-fired electricity generation, a fossil-fuel electricity source, avoiding the expense of gas purchases while reducing GHG emissions.

The second-life storage opportunity begins when the vehicle lifespan ends. “EV batteries will still have over 80% of their storage capacity after being driven for 13 years and providing mobile storage,” the report states. “Those-second life batteries could provide a low-cost energy storage solution for the electricity grid and enhance grid stability over time.”

Some of the savings could be shared with EV owners in the form of a rebate worth up to 20 per cent of the batteries’ initial cost.

Call to action
The report concludes with a call to action for EV advocates to press policy makers and other stakeholders to take actions on building codes, the federal Clean Fuel Standard and other business models in order to maximize the benefits of using EV batteries for the electricity system in this way, even as growing adoption could challenge power grids in some regions.

“EVs are often approached as an environmental solution to climate change,” says Cara Clairman, Plug’n Drive president and CEO. “While this is true, there are significant economic opportunities that are often overlooked.”

 

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Group of premiers band together to develop nuclear reactor technology

Small Modular Reactors in Canada are advancing through provincial collaboration, offering nuclear energy, clean power and carbon reductions for grids, remote communities, and mines, with factory-built modules, regulatory roadmaps, and pre-licensing by the nuclear regulator.

 

Key Points

Compact, factory-built nuclear units for clean power, cutting carbon for grids, remote communities, and industry.

✅ Provinces: Ontario, Saskatchewan, New Brunswick collaborate

✅ Targets coal replacement, carbon cuts, clean baseload power

✅ Modular, factory-made units; 5-10 year deployment horizon

 

The premiers of Ontario, Saskatchewan and New Brunswick have committed to collaborate on developing nuclear reactor technology in Canada. 

Doug Ford, Scott Moe and Blaine Higgs made the announcement and signed a memorandum of understanding on Sunday in advance of a meeting of all the premiers. 

They will be working on the research, development and building of small modular reactors as a way to help their individual provinces reduce carbon emissions and move away from non-renewable energy sources like coal. 

Small modular reactors are easy to construct, are safer than large reactors and are regarded as cleaner energy than coal, the premiers say. They can be small enough to fit in a school gym. 

SMRs are actually not very close to entering operation in Canada, though Ontario broke ground on its first SMR at Darlington recently, signaling early progress. Natural Resources Canada released an "SMR roadmap" last year, with a series of recommendations about regulation readiness and waste management for SMRs.

In Canada, about a dozen companies are currently in pre-licensing with the Canadian Nuclear Safety Commission, which is reviewing their designs.

"Canadians working together, like we are here today, from coast to coast, can play an even larger role in addressing climate change in Canada and around the world," Moe said.  

Canada's Paris targets are to lower total emissions 30 per cent below 2005 levels by 2030, and nuclear's role in climate goals has been emphasized by the federal minister in recent remarks. Moe says the reactors would help Saskatchewan reach a 70 per cent reduction by that year.

The provinces' three energy ministries will meet in the new year to discuss how to move forward and by the fall a fully-fledged strategy for the reactors is expected to be ready.

However, don't expect to see them popping up in a nearby field anytime soon. It's estimated it will take five to 10 years before they're built. 

Ford lauds economic possibilities
The provincial leaders said it could be an opportunity for economic growth, estimating the Canadian market for this energy at $10 billion and the global market at $150 billion.

Ford called it an "opportunity for Canada to be a true leader." At a time when Ottawa and the provinces are at odds, Higgs said it's the perfect time to show unity. 

"It's showing how provinces come together on issues of the future." 

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No other premiers have signed on to the deal at this point, but Ford said all are welcome and "the more, the merrier."

But developing new energy technologies is a daunting task. Higgs admitted the project will need national support of some kind, though he didn't specify what. The agreement signed by the premiers is also not binding. 

About 8.6 per cent of Canada's electricity comes from coal-fired generation. In New Brunswick that figure is much higher — 15.8 per cent — and New Brunswick's small-nuclear debate has intensified as New Brunswick Premier Blaine Higgs has said he worries about his province's energy producers being hit by the federal carbon tax.

Ontario has no coal-fired power plants, and OPG's SMR commitment aligns with its clean electricity strategy today. In Saskatchewan, burning coal generates 46.6 per cent of the province's electricity.

How would it work?
The federal government describes small modular reactors (SMRs) as the "next wave of innovation" in nuclear energy technology, and collaborations like the OPG and TVA partnership are advancing development efforts, and an "important technology opportunity for Canada."

Traditional nuclear reactors used in Canada typically generate about 800 megawatts of electricity, and Ontario is exploring new large-scale nuclear plants alongside SMRs, or enough to power about 600,000 homes at once (assuming that 1 megawatt can power about 750 homes).

The International Atomic Energy Agency (IAEA), the UN organization for nuclear co-operation, considers a nuclear reactor to be "small" if it generates under 300 megawatts.

Designs for small reactors ranging from just 3 megawatts to 300 megawatts have been submitted to Canada's nuclear regulator, the Canadian Nuclear Safety Commission, for review as part of a pre-licensing process, while plans for four SMRs at Darlington outline a potential build-out pathway that regulators will assess.

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Such reactors are considered "modular" because they're designed to work either independently or as modules in a bigger complex (as is already the case with traditional, larger reactors at most Canadian nuclear power plants). A power plant could be expanded incrementally by adding additional modules.

Modules are generally designed to be small enough to make in a factory and be transported easily — for example, via a standard shipping container.

In Canada, there are three main areas where SMRs could be used:

Traditional, on-grid power generation, especially in provinces looking for zero-emissions replacements for CO2-emitting coal plants.
Remote communities that currently rely on polluting diesel generation.
Resource extraction sites, such as mining and oil and gas.
 

 

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Europe's Renewables Are Crowding Out Gas as Coal Phase-Out Slows

EU Renewable Energy Shift is cutting gas dependence as wind and solar expand, reshaping Europe's power mix, curbing emissions, and pressuring coal use amid a supply crisis and rising natural gas prices.

 

Key Points

An EU trend where wind and solar growth reduce gas reliance, curb coal, and lower power-sector emissions.

✅ Wind and solar displace gas in EU power mix

✅ Coal use rises as gas prices surge

✅ Emissions fall, but not fast enough for 1.5 C target

 

The European Union’s renewable energy sources are helping reduce its dependence on natural gas, under the current European electricity pricing framework, that’s still costing the region dearly.

Renewables growth has helped reduce the EU’s dependence on gas, as wind and solar outpaced gas across the bloc last year, which has soared in price since the middle of last year as the region grapples with a supply crisis that’s dealt blows to industries as well as ordinary consumers’ pockets. More than half of new renewable generation since 2019 has replaced gas power, according to a study by London-based climate think tank Ember, with the rest replacing mainly nuclear and coal sources.

“These are moments and paradigm shifts when governments and businesses start taking this much more seriously,” said Charles Moore, the lead author on the study, amid Covid-19 responses accelerating the transition across Europe. “The alternatives are available, they are cheaper, and they are likely to get even cheaper and more competitive. Renewables are now an opportunity, not a cost.”

The high price of gas relative to coal has meant utilities are leaning more on coal as a back-up for renewable generation, as stunted hydro and nuclear output has constrained low-carbon alternatives in parts of Europe, which risks the trajectory of Europe’s phase-out of the dirtiest fossil fuel. Last year, the EU’s coal use jumped disproportionately high relative to the rise in power generation as high gas prices boosted the relative profitability of burning coal instead.


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EU power generation from renewables reached a record high in 2021 of 547 terawatt-hours last year, accounting for an 11% increase compared to two years before, according to Ember’s Europe Electricity Review. It’s more than doubled in a decade, representing a 157% increase since 2011. 

Gas use declined last year for the second year in a row, as Europe explores storing electricity in gas pipelines to leverage existing infrastructure, reaching a level 8.1% lower than 2019. By contrast, coal use fell just 3.3% in the same period. Put simply, wind and solar did a great job of replacing coal during 2011-2019 but since then renewables have mostly been nudging out gas-fired power stations.

Ember’s Moore warned that the slowing phase-out of coal might require legislation to accelerate. The International Energy Agency recommends OECD countries cease using coal by the end of the decade to ensure alignment with the Paris Agreement target of keeping the world’s temperature increase below 1.5 Celsius, with renewables poised to eclipse coal globally by the mid-2020s lending momentum. 

“Europe can accelerate the phasing out of coal by building more renewable energy and faster,” said Felicia Aminoff,  an energy-transition analyst at BloombergNEF. “Wind and solar have no fuel costs, so as soon as you have made the initial investments to build wind and solar capacity it will start replacing generation that uses any kind of fuel, whether it is coal or gas.”

Overall, EU power sector emissions fell at less than half the rate required to hit that target, Ember’s report said. Spain produced the largest emissions reduction in the last two years, with renewables adding about 25 TWh and gas falling 15 TWh, and in Germany renewables topped coal and nuclear for the first time to support the shift. In contrast, heavy use of coal dragged down the bloc’s climate progress in Poland, where coal use rose about 8 TWh and renewables gained only 4 TWh.

 

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Irving Oil invests in electrolyzer to produce hydrogen from water

Irving Oil hydrogen electrolyzer expands green hydrogen capacity at the Saint John refinery with Plug Power technology, cutting carbon emissions, enabling clean fuel for buses, and supporting Atlantic Canada decarbonization and renewable grid integration.

 

Key Points

A 5 MW Plug Power unit at Irving's Saint John refinery producing low-carbon hydrogen via electrolysis.

✅ Produces 2 tonnes/day, enough to fuel about 60 hydrogen buses

✅ Uses grid power; targets cleaner supply via renewables and nuclear

✅ First Canadian refinery investing in electrolyzer technology

 

Irving Oil is expanding hydrogen capacity at its Saint John, N.B., refinery in a bid to lower carbon emissions and offer clean energy to customers.

The family-owned company said Tuesday it has a deal with New York-based Plug Power Inc. to buy a five-megawatt hydrogen electrolyzer that will produce two tonnes of hydrogen a day — equivalent to fuelling 60 buses with hydrogen — using electricity from the local grid and drawing on examples such as reduced electricity rates proposed in Ontario to grow the hydrogen economy.

Hydrogen is an important part of the refining process as it's used to lower the sulphur content of petroleum products like diesel fuel, but most refineries produce hydrogen using natural gas, which creates carbon dioxide emissions and raises questions explored in hydrogen's future for power companies in the energy sector.

"Investing in a hydrogen electrolyzer allows us to produce hydrogen in a very different way," Irving director of energy transition Andy Carson said in an interview.

"Instead of using natural gas, we're actually using water molecules and electricity through the electrolysis process to produce ... a clean hydrogen."

Irving plans to continue to work with others in the province to decarbonize the grid amid pressures like Ontario's push into energy storage as electricity supply tightens and ensure the electricity being used to power its hydrogen electrolyzer is as clean as possible, he said.

N.B. Power's electrical system includes 14 generating stations powered by hydro, coal, oil, wind, nuclear and diesel. The utility has committed to increasing its renewable energy sources and exploring innovations such as EV-to-grid integration piloted in Nova Scotia.

Irving said it will be the first oil refinery in Canada to invest in electrolyzer technology, as Ontario's Hydrogen Innovation Fund supports broader deployment nationwide.

The company said its goal is to offer hydrogen fuelling infrastructure in Atlantic Canada, complementing N.L.'s fast-charging network for EV drivers in the region.

"This kind of investment allows us to not just move to a cleaner form of hydrogen in the refinery. It also allows us to store and make hydrogen available to the marketplace," Carson said.

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The hydrogen technology will help Irving "unlock pent up demand for hydrogen as an energy transition fuel for logistics organizations," he said.

Alberta also aims to expand its hydrogen production over the coming years, alongside British Columbia's $900 million hydrogen project moving ahead on the West Coast. 

Those plans lean on the development of carbon capture and storage (CCS) technology that aims to trap the emissions created when producing hydrogen from natural gas.

 

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Three Mile Island at center of energy debate: Let struggling nuclear plants close or save them

Three Mile Island Nuclear Debate spotlights subsidies, carbon pricing, wholesale power markets, grid reliability, and zero-emissions goals as Pennsylvania weighs keeping Exelon's reactor open amid natural gas competition and flat electricity demand.

 

Key Points

Debate over subsidies, carbon pricing, and grid reliability shaping Three Mile Island's zero-emissions future.

✅ Zero emissions credits vs market integrity

✅ Carbon pricing to value clean baseload power

✅ Closure risks jobs, tax revenue, and reliability

 

Three Mile Island is at the center of a new conversation about the future of nuclear energy in the United States nearly 40 years after a partial meltdown at the Central Pennsylvania plant sparked a national debate about the safety of nuclear power.

The site is slated to close in just two years, a closure plan Exelon has signaled, unless Pennsylvania or a regional power transmission operator delivers some form of financial relief, says Exelon, the Chicago-based power company that operates the plant.

That has drawn the Keystone State into a growing debate: whether to let struggling nuclear plants shut down if they cannot compete in the regional wholesale markets where energy is bought and sold, or adopt measures to keep them in the business of generating power without greenhouse gas emissions.

""The old compromise — that in order to have a reliable, affordable electric system you had to deal with a significant amount of air pollution — is a compromise our new customers today don't want to hear about.""
-Joseph Dominguez, Exelon executive vice president
Nuclear power plants produce about two-thirds of the country's zero-emissions electricity, a role many view as essential to net-zero emissions goals for the grid.

The debate is playing out as some regions consider putting a price on planet-warming carbon emissions produced by some power generators, which would raise their costs and make nuclear plants like Three Mile Island more viable, and developments such as Europe's nuclear losses highlight broader energy security concerns.

States that allow nuclear facilities to close need to think carefully because once a reactor is powered down, there's no turning back, said Jake Smeltz, chief of staff for Pennsylvania State Sen. Ryan Aument, who chairs the state's Nuclear Energy Caucus.

"If we wave goodbye to a nuclear station, it's a permanent goodbye because we don't mothball them. We decommission them," he told CNBC.

Three Mile Island's closure would eliminate more than 800 megawatts of electricity output. That's roughly 10 percent of Pennsylvania's zero-emissions energy generation, by Exelon's calculation. Replacing that with fossil fuel-fired power would be like putting roughly 10 million cars on the road, it estimates.

A closure would also shed about 650 well-paying jobs, putting the just transition challenge in focus for local workers and communities, tied to about $60 million in wages per year. Dauphin County and Londonderry Township, a rural area on the Susquehanna River where the plant is based, stand to lose $1 million in annual tax revenue that funds schools and municipalities. The 1,000 to 1,500 workers who pack local hotels, stores and restaurants every two years for plant maintenance would stop visiting.

Pennsylvanians and lawmakers must now decide whether these considerations warrant throwing Exelon a lifeline. It's a tough sell in the nation's second-largest natural gas-producing state, which already generates more energy than it uses. And time is running out to reach a short-term solution.

"What's meaningful to us is something where we could see the results before we turn in the keys, and we turn in the keys the third quarter of '19," said Joseph Dominguez, Exelon's executive vice president for governmental and regulatory affairs and public policy.

The end of the nuclear age?

The problem for Three Mile Island is the same one facing many of the nation's 60 nuclear plants: They are too expensive to operate.

Financial pressure on these facilities is mounting as power demand remains stagnant due to improved energy efficiency, prices remain low for natural gas-fired generation and costs continue to fall for wind and solar power.

Three Mile Island is something of a special case: The 1979 incident left only one of its two reactors operational, but it still employs about as many people as a plant with two reactors, making it less efficient. In the last three regional auctions, when power generators lock in buyers for their future energy generation, no one bought power from Three Mile Island.

But even dual-reactor plants are facing existential threats. FirstEnergy Corp's Beaver Valley will sell or close its nuclear plant near the Pennsylvania-Ohio border next year as it exits the competitive power-generation business, and facilities like Ohio's Davis-Besse illustrate what's at stake for the region.

Five nuclear power plants have shuttered across the country since 2013. Another six have plans to shut down, and four of those would close well ahead of schedule. An analysis by energy research firm Bloomberg New Energy Finance found that more than half the nation's nuclear plants are facing some form of financial stress.

Today's regional energy markets, engineered to produce energy at the lowest cost to consumers, do not take into account that nuclear power generates so much zero-emission electricity. But Dominguez, the Exelon vice president, said that's out of step with a world increasingly concerned about climate change.

"What we see is increasingly our customers are interested in getting electricity from zero air pollution sources," Dominguez said. "The old compromise — that in order to have a reliable, affordable electric system you had to deal with a significant amount of air pollution — is a compromise our new customers today don't want to hear about."

Strange bedfellows

Faced with the prospect of nuclear plant closures, Chicago and New York have both allowed nuclear reactors to qualify for subsidies called zero emissions credits. Exelon lobbied for the credits, which will benefit some of its nuclear plants in those states.

Even though the plants produce nuclear waste, some environmental groups like the Natural Resources Defense Council supported these plans. That's because they were part of broader packages that promote wind and solar power, and the credits for nuclear are not open-ended. They essentially provide a bridge that keeps zero-emissions power from nuclear reactors on the grid as renewable energy becomes more viable.

Lawmakers in Pennsylvania, Ohio and Connecticut are currently exploring similar options. Jake Smeltz, chief of staff to state Sen. Aument, said legislation could surface in Pennsylvania as soon as this fall. The challenge is to get people to consider the attributes of the sources of their electricity beyond just cost, according to Smeltz.

"Are the plants worth essentially saving? That's a social choice. Do they provide us with something that has benefits beyond the electrons they make? That's the debate that's been happening in other states, and those states say yes," he said.

Subsidies face opposition from anti-nuclear energy groups like Three Mile Island Alert, as well as natural gas trade groups and power producers who compete against Exelon by operating coal and natural gas plants.

"Where we disagree is to have an out-of-market subsidy for one specific company, for a technology that is now proven and mature in our view, at the expense of consumers and the integrity of competitive markets," NRG Energy Mauricio Gutierrez told analysts during a conference call this month.

Smeltz notes that power producers like NRG would fill in the void left by nuclear plants as they continue to shut down.

"The question that I think folks need to answer is are these programs a bailout or is the opposition to the program a payout? Because at the end of the day someone is going to make money. The question is who and how much?" Smeltz said.

Changing the market

Another critic is PJM Interconnection, the regional transmission organization that operates the grid for 13 states, including Pennsylvania, and Washington, D.C.

The subsidies distort price formation and inject uncertainty into the markets, says Stu Bresler, senior vice president in charge of operations and markets at PJM.

The danger PJM sees is that each new subsidy creates a precedent for government intervention. The uncertainty makes it harder for investors to determine what sort of power generation is a sound investment in the region, Bresler explained. Those investors could simply decide to put their capital to work in other energy markets where the regulatory outlook is more stable, ultimately leading to underinvestment in places where government intervenes, he added.

Three Mile Island nuclear power plant, Londonderry Township, Pennsylvania
PJM believes longer-term, regional approaches are more appropriate. It has produced research that outlines how coal plants and nuclear energy, which provide the type of stable energy that is still necessary for reliable power supply, could play a larger role in setting prices. It is also preparing to release a report on how to put a price on carbon emissions in all or parts of the regional grid.

"If carbon emissions are the concern and that is the public policy issue with which policymakers are concerned, the simple be-all answer from a market perspective is putting a price on carbon," Bresler said.

Three Mile Island could be viable if natural gas prices rose from below $3 per million British thermal units to about $5 per mmBtu and if a "reasonable" price were applied to carbon, according to Exelon's Dominguez. He is encouraged by the fact that conversations around new pricing models and carbon pricing are gaining traction.

"The great part about this is everybody understands we have a major problem. We're losing some of the lowest-cost, cleanest and most reliable resources in America," Dominguez said.

 

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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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