Untrue allegations in CMAJ article: supplier

PG&E Bankruptcy Plan outlines wildfire victims compensation via a $13.5B trust funded by cash and stock, aiming CPUC and court approval before June 30 to access the state wildfire insurance fund and finalize settlement.

Key Points

A regulator-approved plan funding a $13.5B wildfire victims trust with cash and PG&E stock to exit bankruptcy.

✅ $13.5B trust split between cash and PG&E shares

✅ Targets CPUC and court approval to meet June 30 deadline

✅ Accesses state wildfire insurance fund for future risks

Pacific Gas & Electric's plan for getting out of bankruptcy has won overwhelming support from the victims of deadly Northern California wildfires ignited by the utility's fraying electrical grid, while some have pursued mega-fire lawsuits through the courts as well, despite concerns that they will be shortchanged by a $13.5 billion fund that's supposed to cover their losses.

The company announced the preliminary results of the vote on Monday without providing a specific tally. Those numbers are supposed to be filed with U.S. Bankruptcy Judge Dennis Montali by Friday.

The backing of the wildfire victims keeps PG&E on track to meet a June 30 deadline to emerge from bankruptcy in time to qualify for a coverage from a California wildfire insurance fund created to help protect the utility from getting into financial trouble again.

The current bankruptcy case, which began early last year, will require PG&E to pay out about $25.5 billion to cover the devastation caused by its neglect, including a Camp Fire guilty plea that underscored liabilities in court proceedings. It's the second time in less than 20 years that PG&E has filed for bankruptcy.

The backing for PG&E's plan isn't a surprise, even though some of the roughly 80,000 wildfire victims had been trying to rally resistance to what they consider to be a deeply flawed plan. The misgivings mostly center on the massive debt that the utility will take on to finance the plan and uncertainties about the fluctuating value of the $6.75 billion in company stock that comprises half of the $13.5 billion promised them.

As it became apparent that the COVID-19 pandemic would drive the economy into a deep recession, PG&E's shares plunged along with the rest of the stock market during March, even as it announced pandemic response measures for customers and employees during that period. That led one financial expert to estimate the PG&E stock earmarked for the wildfire victims' trust would be worth only $4.85 billion, a nearly 30% markdown.

But PG&E's stock price has rebounded in recent weeks and it's now worth more than it was when the deal setting up the victims' trust was struck last December. The shares surged more than 8% to $12.28 in Monday's late afternoon trading. The stock stood at $9.65 when PG&E reached its settlement the wildfire victims.

Critics of the utility's plan also are upset because the company still hasn't specified when the fire victims will be able to sell the shares. It now seems likely the victims will have to hold the stock through the upcoming wildfire season in Northern California, raising the specter that another calamity caused by the utility's badly outdated equipment, as power line fire reports have underscored, could cause the shares to plummet before they can cash out.

A petition signed by more than 3,100 wildfire victims recently urged Gov. Gavin Newsom to consider pushing back the deadline for qualifying for the state's wildfire from June 30 to late August to allow for more time to revise PG&E's plan, as many also turn to a wildfire assistance program for interim aid while they wait. Newsom's office hasn't responded to inquiry about the plan from The Associated Press.

But the lawyers representing the wildfire victims advised their clients to vote in favor of PG&E's plan, contending that it's the best deal they are going to get.

PG&E still must get its plan approved by the judge supervising its case, and a recent judge order on dividend use underscores the focus on wildfire mitigation. The confirmation hearings are scheduled to begin May 27. The judge, though, has indicated he will give great weight to the wishes of the wildfire victims.

California state regulators also must approve PG&E's plan, amid projections that rates will stabilize in 2025 for customers. A vote on that is scheduled Thursday before the Public Utilities Commission.

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US Summer Electricity Outlook 2022 projects rising renewable energy generation as utility-scale solar and wind capacity additions surge, while coal declines and natural gas shifts amid higher fuel prices and regional supply constraints.

Key Points

An EIA forecast of summer 2022 power: more solar and wind, less coal, and shifting gas use amid higher fuel prices.

✅ Solar +10 million MWh; wind +8 million MWh vs last summer

✅ Coal generation -20 million MWh amid supply constraints, retirements

✅ Gas prices near $9/MMBtu; slight national gen decline

In our Summer Electricity Outlook, a supplement to our May 2022 Short-Term Energy Outlook, we expect the largest increases in U.S. electric power sector generation this summer will come from renewable energy sources such as wind and solar generation. These increases are the result of new capacity additions. We forecast utility-scale solar generation between June and August 2022 will grow by 10 million megawatthours (MWh) compared with the same period last summer, and wind generation will grow by 8 million MWh. Forecast generation from coal and natural gas declines by 26 million MWh this summer, although natural gas generation could increase in some electricity markets where coal supplies are constrained.

For recent context, overall U.S. power generation in January rose 9.3% year over year, the EIA reports.

Wind and solar power electric-generating capacity has been growing steadily in recent years. By the start of June, we estimate the U.S. electric power sector will have 65 gigawatts (GW) of utility-scale solar-generating capacity, a 31% increase in solar capacity since June 2021. Almost one-third of this new solar capacity will be built in the Texas electricity market. The electric power sector will also have an estimated 138 GW of wind capacity online this June, which is a 12% increase from last June.

Along with growth in renewables capacity, we expect that an additional 6 GW of new natural gas combined-cycle generating capacity will come online by June 2022, an increase of 2% from last summer. Despite this increase in capacity, we expect natural gas-fired electricity generation at the national level will be slightly (1.3%) lower than last summer.

We forecast the price of natural gas delivered to electric generators will average nearly $9 per million British thermal units between June and August 2022, which would be more than double the average price last summer. The higher expected natural gas prices and growth in renewable generation will likely lead to less natural gas-fired generation in some regions of the country.

In contrast to renewables and natural gas, the electricity industry has been steadily retiring coal-fired power plants over the past decade. Between June 2021 and June 2022, the electric power sector will have retired 6 GW (2%) of U.S. coal-fired generating capacity.

In previous years, higher natural gas prices would have resulted in more coal-fired electricity generation across the fleet. However, coal-fired power plants have been limited in their ability to replenish their historically low inventories in recent months as a result of mine closures, rail capacity constraints, and labor market tightness. These coal supply constraints, along with continued retirement of generating capacity, contribute to our forecast that U.S. coal-fired generation will decline by 20 million MWh (7%) this summer. In some regions of the country, these coal supply constraints may lead to increased natural gas-fired electricity generation despite higher natural gas prices.
 

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U.S. Offshore Wind Capacity is set to exceed 1 GW by 2024, driven by BOEM approvals, federal leases, and resilient supply chains, with eastern states scaling renewable energy, turbines, and content despite COVID-19 disruptions.

Key Points

Projected gigawatt-scale offshore wind growth enabled by BOEM approvals, federal leases, and East Coast state demand.

✅ 17+ GW leased; only 1,870 MW in announced first phases.

✅ BOEM approvals are critical to reach >1 GW by 2024.

✅ Local supply chains mitigate COVID-19 impacts and lower costs.

Offshore wind in the U.S. will exceed 1 GW of capacity by 2024 and add more than 1 GW annually by 2027, a trajectory consistent with U.S. offshore wind power trends, according to a report released last week by Navigant Research.

The report calculated over 17 GW of offshore state and federal leases for wind production, reflecting forecasts that $1 trillion offshore wind market growth is possible. However, the owners of those leases have only announced first phase plans for 1,870 MW of capacity, leaving much of the projects in early stages with significant room to grow, according to senior research analyst Jesse Broehl.

The Business Network for Offshore Wind (BNOW) believes it is possible to hit 1 GW by 2023-24, according to CEO Liz Burdock. While the economy has taken a hit from the coronavirus pandemic, she said the offshore wind industry can continue growing as "the supply chain from Asia and Europe regains speed this summer, and the administration starts clearing" plans of construction.

BNOW is concerned with the economic hardship imposed on secondary and tertiary U.S. suppliers due to the global spread of COVID-19.

Offshore wind has been touted by many eastern states and governors as an opportunity to create jobs, with U.S. wind employment expected to expand, according to industry forecasts. Analysts see the growing momentum of projects as a way to further lower costs by creating a local supply chain, which could be jeopardized by a long-term shutdown and recession.

"The federal government must act now — today, not in December — and approve project construction and operation plans," a recent BNOW report said. Approving any of the seven projects before BOEM, which has recently received new lease requests, currently would allow small businesses to get to work "following the containment of the coronavirus," but approval of the projects next year "may be too late to keep them solvent."

The prospects for maintaining momentum in the industry falls largely to the Department of the Interior's Bureau of Ocean Energy Management (BOEM). The industry cannot hit the 1 GW milestone without project approvals by BOEM, which is revising processes to analyze federal permit applications in the context of "greater build out of offshore wind capacity," according to its website.

"It is heavily dependent on the project approval success," Burdock told Utility Dive.

Currently, seven projects are awaiting determinations from BOEM on their construction operation plans in Massachusetts, New York, where a major offshore wind farm was recently approved, New Jersey and Maryland, with more to be added soon, a BNOW spokesperson told Utility Dive.

To date, only one project has received BOEM approval for development in federal waters, a 12 MW pilot by Dominion Energy and Ørsted in Virginia. The two-turbine project is a stepping stone to a commercial-scale 2.6 GW project the companies say could begin installation as soon as 2024, and gave the developers experience with the permitting process.

In the U.S., developers have the capacity to develop 16.9 GW of offshore wind in federal U.S. lease areas, even as wind power's share of the electricity mix surges nationwide, Broehl told Utility Dive, but much of that is in early stages. The Navigant report did not address any impacts of coronavirus on offshore wind, he said.

Although Massachusetts has legislation in place to require utilities to purchase 1.6 GW of wind power by 2026, and several other projects are in early development stages, Navigant expects the first large offshore wind projects in the U.S. (exceeding 200 MW) will come online in 2022 or later, and the first projects with 400 MW or more capacity are likely to be built by 2024-2025, and lessons from the U.K.'s experience could help accelerate timelines. The U.S. would add about 1.2 GW in 2027, Broehl said.

The federal leasing activities along with the involvement from Eastern states and utilities "virtually guarantees that a large offshore wind market is going to take off in the U.S.," Broehl said.

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Adams Nielson Solar Array, a 28 MW DC utility-scale project in Lind, WA, spans 200 acres with 81,700 panels, powering about 4,000 homes, supporting Avista’s Solar Select program and renewable energy, sustainability, and carbon reduction.

Key Points

Adams Nielson Solar Array is a 28 MW DC facility in Lind, WA, powering ~4,000 homes via Avista’s Solar Select.

✅ 81,700 panels across 200 acres in Eastern Washington

✅ Offsets emissions equal to removing 7,300 cars annually

✅ Collaboration by Avista, Strata Solar, WUTC, WSU Energy

Official commissioning of the Adams Nielson solar array located in Lind, WA occurred today. The 28 Megawatt DC array is comprised of 81,700 panels that span 200 acres and generates enough electricity to supply the equivalent of approximately 4,000 homes annually, similar to a new co-op solar project serving South Metro members.

“Avista’s interest in the development of Solar Select, a voluntary commercial solar program reflecting broader corporate adoption such as a corporate solar power plant commissioned by Arvato, is consistent with the Company’s ongoing commitment to provide customers with renewable energy choices at reasonable cost,” said Dennis Vermillion, president, Avista Corporation. “In recent years, an increasing number of Avista customers have expressed their expectations and challenges in acquiring renewable energy. Avista is pleased to lead this effort and develop renewable energy products that meet our customers’ needs today and into the future.” This interest is being generated by a mix of local and national customers across a variety of industries, including Huckleberry’s, Gonzaga University, Community Colleges of Spokane, Hotstart, Central Pre-Mix Concrete, a CRH Co., independently owned McDonald's franchise locations, Spokane City, Main Market and Community Building and VA Medical Center.

Jim Simon, director of sustainability at Gonzaga University said, “The Solar Select program helps Gonzaga University move even closer to achieving its goal of climate neutrality by 2050 by continuing to prioritize renewables in our energy portfolio, as other communities add projects like a municipal solar project to boost local supply. We are grateful for Avista’s leadership in this project and look forward to other opportunities to reduce our greenhouse gas emissions.”

Spokane Mayor David Condon said, “The City of Spokane is pleased to partner with Avista through the Solar Select Program, as we continue to seek out opportunities that are both environmentally and financially responsible. The City already is a net producer of energy, generating more clean, green energy than our use of electricity, natural gas, and fuel, a milestone also seen with North Carolina's first wind farm now fully operational. We are excited to add even more clean energy to power City Hall.”

The Solar Select program created a cost-effective structure to bring solar energy to large business customers in Eastern Washington, allowing them to advance their desired sustainability goals and benefiting from industry service innovations led by companies like Omnidian expanding their global reach. The array is projected to deliver the environmental benefit equivalent of more than 7,300 cars removed from the road each year. This renewable energy program was made possible through a collaboration of Avista, Strata Solar, the Washington Utilities and Transportation Commission, and the WSU Energy Program. 

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UK Net Zero Policy Delay shifts EV sales ban to 2035, eases boiler phase-outs, keeps ZEV mandate, backs North Sea oil and gas, accelerates onshore wind and grid upgrades while targeting 2050 emissions goals.

Key Points

Delay moves EV and heating targets to 2035, tweaks mandates, and shifts energy policy, keeping the 2050 net zero goal.

✅ EV sales ban shifts to 2035; ZEV mandate trajectory unchanged

✅ Heat pump grants rise to £7,500; boiler phase-out eased

✅ North Sea oil, onshore wind, grid and nuclear plans advance

British Prime Minister Rishi Sunak has said he would delay targets for changing cars and domestic heating to maintain the consent of the British people in the switch to net zero as part of the global energy transition under way.

Sunak said Britain was still committed to achieving net zero emissions by 2050, similar to Canada's race to net zero goals, and denied watering down its climate targets.

Here are some of the current emissions targets for Britain's top polluting sectors and how the announcement impacts them.

TRANSPORTATION
Transport accounts for more than a third (34%) of Britain's total carbon dioxide (CO2) emissions, the most of any sector.

Sunak announced a delay to introducing a ban on new petrol and diesel cars and vans. It will now come into force in 2035 rather than in 2030.

There were more than 1.1 million electric cars in use on UK roads as of April - up by more than half from the previous year to account for roughly one in every 32 cars, according to the country's auto industry trade body.

The current 2030 target was introduced in November 2020 as a central part of then-Prime Minister Boris Johnson's plans for a "green revolution". As recently as Monday, transport minister Mark Harper restated government support for the policy.

Britain’s independent climate advisers, the Climate Change Committee, estimated a 2030 phase out of petrol, diesel and hybrid vehicles could save up to 110 million tons of carbon dioxide equivalent emissions compared with a 2035 phase out.

ohnson's policy already allowed for the continued sale of hybrid cars and vans that can drive long stretches without emitting carbon until 2035.

The transition is governed by a zero-emission vehicle (ZEV) mandate, a shift echoed by New Zealand's electricity transition debates, which means manufacturers must ensure an increasing proportion of the vehicles they sell in the UK are electric.

The current proposal is for 22% of a car manufacturer's sales to be electric in 2024, rising incrementally each year to 100% in 2035.

The government said on Wednesday that all sales of new cars from 2035 would still be zero emission.

Sunak said that proposals that would govern how many passengers people should have in a car, or proposals for new taxes to discourage flying, would be scrapped.

RESIDENTIAL
Residential emissions, the bulk of which come from heating, make up around 17% of the country's CO2 emissions.

The government has a target to reduce Britain's energy consumption from buildings and industry by 15% by 2030, and had set a target to phase out installing new and replacement gas boilers from 2035, as the UK moves towards heat pumps, amid an IEA report on Canada's power needs noting more electricity will be required.

Sunak said people would have more time to transition, and the government said that off-gas-grid homes could continue to install oil and liquefied petroleum gas boilers until 2035, rather than being phased out from 2026.

However, his announcements that the government would not force anyone to rip out an existing boiler and that people would only have to make the switch when replacing one from 2035 restated existing policy.

He also said there would be an exemption so some households would never have to switch, but the government would increase an upgrade scheme that gives people cash to replace their boilers by 50% to 7,500 pounds ($9,296.25).

Currently almost 80% of British homes are heated by gas boilers. In 2022, 72,000 heat pumps were installed. The government had set a target of 600,000 heat pump installations per year by 2028.

A study for Scottish Power and WWF UK in June found that 6 million homes would need to be better insulated by 2030 to meet the government's target to reduce household energy consumption, but current policies are only expected to deliver 1.1 million.

The study, conducted by Frontier Economics, added that 1.5 million new homes would still need heat pumps installed by 2030.

Sunak said that the government would subsidise people who wanted to make their homes energy efficient but never force a household to do it.

The government also said it was scrapping policies that would force landlords to upgrade the energy efficiency of their properties.

ENERGY
The energy sector itself is a big emitter of greenhouse gases, contributing around a quarter of Britain's emissions, though the UK carbon tax on coal has driven substantial cuts in coal-fired electricity in recent years.

In July, Britain committed to granting hundreds of licences for North Sea oil and gas extraction as part of efforts to become more energy independent.

Sunak said he would not ban new oil and gas in the North Sea, and that future carbon budgets for governments would have to be considered alongside the plans to meet them.

He said the government would shortly bring forward new plans for energy infrastructure to improve Britain's grid, including the UK energy plan, while speeding up planning.

Offshore wind power developers warned earlier this month that Britain's climate goals could be at risk, even as efforts like cleaning up Canada's electricity highlight the importance of power-sector decarbonization, after a subsidy auction for new renewable energy projects did not attract any investment in those planned off British coasts.

Britain is aiming to develop 50 gigawatts (GW) of offshore wind capacity by 2030, up from around 14 GW now.

Sunak highlighted that Britain is lifting a ban on onshore wind, investing in carbon capture and building new nuclear power stations.

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Ontario Global Adjustment Supreme Court Appeal spotlights a constitutional challenge to Ontario's electricity charge, pitting National Steel Car against the IESO over regulatory charge vs tax, procurement policy, and renewable energy feed-in tariff contracts.

Key Points

An SCC leave bid on whether Ontario's global adjustment is a valid regulatory charge or an unconstitutional tax.

✅ Appeals Court revived case for full record review

✅ Dispute centers on regulatory charge vs tax classification

✅ FIT renewables contracts and procurement policies at issue

The Ontario government wants the Supreme Court of Canada to weigh in on a constitutional challenge being brought against a large provincial electricity charge, a case the province claims raises issues of national importance.

Ontario’s attorney general and its Independent Electricity System Operator applied for permission to appeal to the Supreme Court in January, according to the court’s website.

The province is trying to appeal a Court of Appeal decision reinstating the challenge from November that said a legal challenge by Hamilton, Ont.-based National Steel Car Ltd. should be sent back to a lower-court for a full hearing.

Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge
National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax
Doug Ford’s cancellation of green energy deals costs Ontario taxpayers $231 million
National Steel Car launched its legal challenge in 2017, with the maker of steel rail cars claiming the province’s global adjustment electricity charge was a tax intended to fund certain post-financial-crisis policy goals. Since it is allegedly a tax, and one not imposed by the provincial legislature, the company’s argument is the global adjustment is unconstitutional, and also in breach of a provincial law requiring a referendum for new taxes.

The global adjustment mostly bridges the gap between the province’s hourly electricity price and the price guaranteed under contracts and regulated rates with power generators. It also helps cover the cost of building new electricity infrastructure and providing conservation programs, but the fee now makes up most of the commodity portion of a household power bill in the province.

Ontario argued the global adjustment is a valid regulatory charge, and moved to have National Steel Car’s challenge thrown out. An Ontario Superior Court judge agreed, and dismissed the challenge in 2018, saying it was “plain, obvious and beyond doubt” it could not succeed. However, an appeals court judge disagreed, writing in a decision last November that the “merits should not have been determined on a pleadings motion and without the development of a full record.”

In filings made to the Supreme Court, both the IESO and Ontario’s Ministry of the Attorney General argued their proposed appeals raise “issues of national and public importance,” such as whether incorporating environmental and social policy goals in procurement could turn attempts by a public body to recover costs into an unconstitutional tax.

Most applications for leave to appeal to the Supreme Court are dismissed, but the Ontario government claims the court’s guidance is required in this case, as it could lead to questions being raised about other fees or charges, such as money raised from fishing licences.

“A failure to dispose of this claim at the pleadings stage may well result in such uncertainty that public authorities across Canada decline to incorporate the kind of environmental and social policy goals objected to in this case into the decisions they make about how to spend funds raised from regulatory charges,” the filing from the attorney general states. “Alternatively, it may induce governments not to engage in cost recovery in connection with publicly supplied goods and services, which can otherwise be sound public policy.”

The government has so far had to pay National Steel Car $250,000 in legal costs “to avoid responding to the credible claim that the Global Adjustment is an unconstitutional tax,” said David Trafford of Morse Shannon LLP, one of National Steel Car’s lawyers.

“The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits,” Trafford added in an email.

The application for leave to appeal is the next step in this effort to avoid having to respond to the case on the merits

David Trafford of Morse Shannon, one of National Steel Car’s lawyers
 
National Steel Car has particularly taken issue with the part of the global adjustment that funded contracts for renewable energy under a “feed-in tariff” program, or FIT, which the company called “the main culprit behind the dramatic price increases for electricity.”

The FIT program has been ended, but contracts awarded under it remain in place and form part of the global adjustment. Ontario’s auditor general estimated in 2015 that electricity consumers would pay $9.2 billion more for renewable energy under the government’s guaranteed-price program, a figure that later featured in a dispute between the auditor and the electricity regulator that drew political attention.

National Steel Car said its global adjustment costs grew from $207,260 in 2008 to almost $3.4 million in 2016, reflecting how high electricity rates have pressured manufacturers, to almost $3.4 million in 2016. For 2018, there was approximately $11.2 billion in global adjustment collected, according to the IESO’s reporting.

A spokesperson for the IESO said it “is not in a position to comment” because the case is still before the courts.

Electricity prices have been an ongoing problem for both Ontario consumers and politicians, which the previous Liberal government tried to address in 2017 by, among other things, refinancing global-adjustment costs through the Fair Hydro Plan and other measures.

Since National Steel Car filed its lawsuits, though, the Liberals lost power in the province and were succeeded in 2018 by Premier Doug Ford and the Progressive Conservatives, who made changes to the previous government’s power policies, including legislation to lower electricity rates introduced early in their mandate.

The province has also pursued interprovincial power arrangements, including building on an electricity deal with Quebec as part of its broader energy strategy.

“The present government of Ontario does not agree with the former government’s electricity procurement program, which ceased awarding new contracts in 2016,” Ontario’s attorney general said in a filing. “However, Ontario submits that (the lower-court judge) was correct in holding that it does not give rise to a claim susceptible to being remedied by the courts.”

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