Bill would require Commerce to measure transmission grid adequacy

By Finance and Commerce


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State Sen. Yvonne Prettner Solon has introduced a bill that would require the Department of Commerce to issue an annual electric grid adequacy report, giving legislators a chance to assess the state’s transmission needs – and to measure progress toward the goal of generating more power from renewable sources such as wind and solar.

The measure has been referred to the Senate Energy, Utilities, Technology and Communications committee.

Prettner Solon, a DFLer from Duluth, chairs that committee.

Language in the bill, Measure S.F. 526, states that the report must identify barriers to meeting transmission needs and recommendations, including legislation, necessary to overcome those barriers. The state wants to see 25 percent of power generated from renewable sources by the year 2025, and for that to happen, transmission lines must be extended to the wind farms and dams where much of the regionÂ’s renewable energy will be generated.

The billÂ’s introduction comes at a time when Duluth-based Minnesota Power is discussing a 15-year agreement to purchase 250 megawatts of hydro power from Winnipeg-based Manitoba Hydro-Electric.

That power purchase agreement includes the routing of a 230-kilovolt transmission line from Canada to Duluth, according to Glenn Schneider, public affairs manager for Manitoba Hydro.

The Canada-based utility is also negotiating with Maple Grove-based Great River Energy, Minneapolis-based Xcel Energy Inc. and Wisconsin Public Service Corp. to buy electricity, Schneider said.

Manitoba Hydro-Electric plans to boost hydro power capacity over the next 12 years by building a number of dams along a 400-mile stretch of the Nelson River as it flows from Lake Winnipeg to Hudson Bay.

Government approval is required for the 230-kilovolt transmission line into Minnesota, which could be a part of the first transmission adequacy report to state lawmakers pending passage of Prettner SolonÂ’s bill.

Introduction of the transmission bill comes amid a flurry of electric transmission news, which coincides with todayÂ’s scheduled stakeholder meeting of the Upper Midwest Development Initiative (UMTDI) in St. Paul.

Formed in 2008, UMTDI is a five-state effort to encourage regional electric transmission development. Utilities in the region are interested in the regional effort because it could help promote development of transmission lines to deliver power from thinly-populated areas where wind energy is generated to consumer markets.

Last September, Novi, Mich.-based ITC Holdings Corp., which owns thousands of miles of transmission lines in the Midwest, applauded the efforts of UMTDI.

At that time, Joseph Welch, president and chief executive officer of ITC Holdings Corp., said, “There is a critical need for further transmission development in the Upper Midwest if we want to harvest the region’s strong wind energy potential.”

ITC Holdings Corp. announced plans to build the Green Power Express, a 3,000 mile grid of extra high-voltage transmission lines in seven states that costs up to $12 billion.

That announcement preceded the Senate approval of a federal economic stimulus package, includes funding for rebuilding the nationÂ’s transmission infrastructure.

Joining ITC Holdings Corp. as partners on the Green Power Express project are Minneapolis-based National Wind LLC; Baxter, Minn.-based Denali Energy; NextEra Energy, the wind energy development unit of Florida Power & Light; Iberdrola Renewables; Boulder, Colo.-based RES Americas, which maintains a Minneapolis office; Wind Capital Group; and Montgomery Power Partners.

The projectÂ’s web site, www.thegreenpowerexpress.com, states that the network of 765-kilovolt lines could be built by 2020, and is capable of delivering 12 megawatts of electricity from wind farms to energy consumers.

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Solar-powered pot: Edmonton-area producer unveils largest rooftop solar array

Freedom Cannabis solar array powers an Acheson cannabis facility with 4,574 rooftop panels, a 1,830-kilowatt system by Enmax, cutting greenhouse gas emissions, lowering energy costs, and advancing renewable energy, sustainability, and operational efficiency in Edmonton.

 

Key Points

A 1,830-kW rooftop solar system with 4,574 panels, cutting GHG emissions and energy costs at the Acheson facility.

✅ 1,830-kW array offsets 1,000+ tonnes GHG annually

✅ Supplies ~8% of annual power; saves $200k-$300k per year

✅ 4,574 rooftop panels installed by Enmax in Acheson

 

Electricity consumption is one of the biggest barriers to going green in the cannabis industry, where the energy demands of cannabis cultivation often complicate sustainability, but an Edmonton-area pot producer has come up with a sunny solution.

Freedom Cannabis unveiled the largest rooftop solar system used by a cannabis facility in Canada at its 126,000-square foot Acheson location, 20 kilometres west of Edmonton, as solar power in Alberta continues to surge, on Tuesday.

The "state-of-the-art" 1,830-kilowatt solar array—made up of 4,574 panels—was supplied by Enmax and will offset more than 1,000 tonnes of greenhouse gas emissions each year, reflecting how new Alberta solar facilities are undercutting natural gas on price, the company said.

The state-of-the-art solar array—made up of 4,574 panels—was supplied by Enmax and will offset more than 1,000 tonnes of greenhouse gas emissions at Freedom Cannabis every year. Nov. 12, 2019. (Freedom Cannabis)

That will supply roughly eight per cent of the building's annual power consumption and reduce costs by $200,000 to $300,000 annually.

"This strategy will supplement our operating costs for power by up to eight to 10 per cent, so it is something that in time will save us costs on power requirements," said Troy Dezwart, co-founder of Freedom Cannabis.

Dezwart said sustainability was an important issue to the company from its outset, aligning with an Alberta renewable energy surge that is expected to power thousands of jobs.

"We're fortunate enough to be able to have these types of options and pursue them," said Dezwart.

The entire system cost Freedom Cannabis $2.6 million to build, but nearly a million of that came from a provincial rebate program that has since been cancelled by the UCP government, even as a federal green electricity deal with an Edmonton company signals ongoing support.

The company cited a 2017 report that found cannabis growers in the U.S. used enough electricity to power 1.7-million homes, and said cannabis-related power consumption is expected to increase by 1,250 per cent in Ontario over the next five years, even though Canadian solar demand has been lagging overall.

“It’s more important than ever for businesses to manage their energy footprint, and solar is an important part of that solution,” Enmax director Jason Atkinson, said. “This solar installation will help reduce operating costs and offset a significant portion of GHG emissions for decades to come.”

Freedom says it has other initiatives underway to reduce its footprint, in a region planning the Edmonton airport solar farm among other projects, including water remediation and offering 100 per cent recyclable cannabis packaging tins.

The company's first crops are expected to go to market in December.

 

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Trump Tariff Threat Delays Quebec's Green Energy Bill

Quebec Energy Bill Tariff Delay disrupts Canada-U.S. trade, renewable energy investment, hydroelectric expansion, and clean technology projects, as Trump tariffs on aluminum and steel raise costs, threatening climate targets and green infrastructure timelines.

 

Key Points

A policy pause in Quebec from U.S. tariff threats, disrupting clean investment, hydro expansion, and climate targets.

✅ Tariff risk inflates aluminum and steel project costs.

✅ Quebec delays clean energy legislation amid trade uncertainty.

✅ Hydroelectric reliance complicates emissions reduction timelines.

 

The Trump administration's tariff threat has had a significant impact on Quebec's energy sector, with tariff threats boosting support for projects even as the uncertainty resulted in the delay of a critical energy bill. Originally introduced to streamline energy development and tackle climate change, the bill was meant to help transition Quebec towards greener alternatives while fostering economic growth. However, the U.S. threat to impose tariffs on Canadian goods, including energy products, introduced a wave of uncertainty that led to a pause in the bill's legislative process.

Quebec’s energy bill had ambitious goals of transitioning to renewable sources like wind, solar, and hydroelectric power. It sought to support investments in clean technologies and the expansion of the province's clean energy infrastructure, as the U.S. demand for Canadian green power continues to grow across the border. Moreover, it emphasized the reduction of carbon emissions, an important step towards meeting Quebec's climate targets. At its core, the bill aimed to position the province as a leader in green energy development in Canada and globally.

The interruption caused by President Donald Trump's tariff rhetoric has, however, cast a shadow over the legislation. Tariffs, if enacted, would disproportionately affect Canada's energy exports, with electricity exports at risk under growing tensions, particularly in sectors like aluminum and steel, which are integral to energy infrastructure development. These tariffs could increase the cost of energy-related projects, thereby hindering Quebec's ability to achieve its renewable energy goals and reduce carbon emissions in a timely manner.

The tariff threat was seen as a part of the broader trade tensions between the U.S. and Canada, a continuation of the trade war that had escalated under Trump’s presidency. In this context, the Quebec government was forced to reconsider its legislative priorities, with policymakers citing concerns over the potential long-term consequences on the energy industry, as leaders elsewhere threatened to cut U.S.-bound electricity to exert leverage. With the uncertainty around tariffs and trade relations, the government opted to delay the bill until the geopolitical situation stabilized.

This delay underscores the vulnerability of Quebec’s energy agenda to external pressures. While the provincial government had set its sights on an ambitious green energy future, it now faces significant challenges in ensuring that its projects remain economically viable under the cloud of potential tariffs, even as experts warn against curbing Quebec's exports during the dispute. The delay in the energy bill also reflects broader challenges faced by the Canadian energy sector, which is highly integrated with the U.S. market.

The situation is further complicated by the province's reliance on hydroelectric power, a cornerstone of its energy strategy that supplies markets like New York, where tariffs could spike New York energy prices if cross-border flows are disrupted. While hydroelectric power is a clean and renewable source of energy, there are concerns about the environmental impact of large-scale dams, and these concerns have been growing in recent years. The tariff threat may prompt a reevaluation of Quebec’s energy mix and force the government to balance its environmental goals with economic realities.

The potential imposition of tariffs also raises questions about the future of North American energy cooperation. Historically, Canada and the U.S. have enjoyed a symbiotic energy relationship, with significant energy trade flowing across the border. The energy bill in Quebec was designed with the understanding that cross-border energy trade would continue to thrive. The Trump administration's tariff threat, however, casts doubt on this stability, forcing Quebec lawmakers to reconsider how they proceed with energy policy in a more uncertain trade environment.

Looking forward, Quebec's energy sector will likely need to adjust its strategies to account for the possibility of tariffs, while still pushing for a sustainable energy future, especially if Biden outlook for Canada's energy proves more favorable for the sector in the medium term. It may also open the door for deeper discussions about diversification, both in terms of energy sources and trade partnerships, as Quebec seeks to mitigate the impact of external threats. The delay in the energy bill, though unfortunate, may serve as a wake-up call for Canadian lawmakers to rethink how they balance environmental goals with global trade realities.

Ultimately, the Trump tariff threat highlights the delicate balance between regional energy ambitions and international trade dynamics. For Quebec, the delay in the energy bill could prove to be a pivotal moment in shaping the future of its energy policy.

 

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Consumer choice has suddenly revolutionized the electricity business in California. But utilities are striking back

California Community Choice Aggregators are reshaping electricity markets with renewable energy, solar and wind sourcing, competitive rates, and customer choice, challenging PG&E, SDG&E, and Southern California Edison while advancing California's clean power goals.

 

Key Points

Local governments that buy power, often cleaner and cheaper, while utilities handle delivery and billing.

✅ Offer higher renewable mix than utilities at competitive rates

✅ Utilities retain transmission and billing responsibilities

✅ Rapid expansion threatens IOU market share across California

 

Nearly 2 million electricity customers in California may not know it, but they’re part of a revolution. That many residents and businesses are getting their power not from traditional utilities, but via new government-affiliated entities known as community choice aggregators. The CCAs promise to deliver electricity more from renewable sources, such as solar and wind, even as California exports its energy policies across Western states, and for a lower price than the big utilities charge.

The customers may not be fully aware they’re served by a CCA because they’re still billed by their local utility. But with more than 1.8 million accounts now served by the new system and more being added every month, the changes in the state’s energy system already are massive.

Faced for the first time with real competition, the state’s big three utilities have suddenly become havens of innovation. They’re offering customers flexible options on the portion of their power coming from renewable energy, amid a broader review to revamp electricity rates aimed at cleaning the grid, and they’re on pace to increase the share of power they get from solar and wind power to the point where they are 10 years ahead of their deadline in meeting a state mandate.

#google#

But that may not stem the flight of customers. Some estimates project that by late this year, more than 3 million customers will be served by 20 CCAs, and that over a longer period, Pacific Gas & Electric, Southern California Edison, and San Diego Gas & Electric could lose 80% of their customers to the new providers.

Two big customer bases are currently in play: In Los Angeles and Ventura counties, a recently launched CCA called the Clean Power Alliance is hoping by the end of 2019 to serve nearly 1 million customers. Unincorporated portions of both counties and 29 municipalities have agreed in principle to join up.

Meanwhile, the city of San Diego is weighing two options to meet its goal of 100% clean power by 2035, as exit fees are being revised by the utilities commission: a plan to be submitted by SDG&E, or the creation of a CCA. A vote by the City Council is expected by the end of this year. A city CCA would cover 1.4 million San Diegans, accounting for half SDG&E’s customer demand, according to Cody Hooven, the city’s chief sustainability officer.

Don’t expect the big companies to give up their customers without a fight. Indeed, battle lines already are being drawn at the state Public Utilities Commission, where a recent CPUC ruling sided with a community energy program over SDG&E, and local communities.

“SDG&E is in an all-out campaign to prevent choice from happening, so that they maintain their monopoly,” says Nicole Capretz, who wrote San Diego’s climate action plan as a city employee and now serves as executive director of the Climate Action Campaign, which supports creation of the CCA.

California is one of seven states that have legalized the CCA concept, even as regulators weigh whether the state needs more power plants to ensure reliability. (The others are New York, New Jersey, Massachusetts, Ohio, Illinois and Rhode Island.) But the scale of its experiment is likely to be the largest in the country, because of the state’s size and the ambition of its clean-power goal, which is for 50% of its electricity to be generated from renewable sources by 2030.

California created its system via legislative action in 2002. Assembly Bill 117 enabled municipalities and regional governments to establish CCAs anywhere that municipal power agencies weren’t already operating. Electric customers in the CCA zones were automatically signed up, though they could opt out and stay with their existing power provider. The big utilities would retain responsibility for transmission and distribution lines.

The first CCA, Marin Clean Energy, began operating in 2010 and now serves 470,000 customers in Marin and three nearby counties.

The new entities were destined to come into conflict with the state’s three big investor-owned utilities. Their market share already has fallen to about 70%, from 78% as recently as 2010, and it seems destined to keep falling. In part that’s because the CCAs have so far held their promise: They’ve been delivering relatively clean power and charging less.

The high point of the utilities’ hostility to CCAs was the Proposition 16 campaign in 2009. The ballot measure was dubbed the “Taxpayers Right to Vote Act,” but was transparently an effort to smother CCAs in the cradle. PG&E drafted the measure, got it on the ballot, and contributed all of the $46.5 million spent in the unsuccessful campaign to pass it.

As recently as last year, PG&E and SDG&E were lobbying in the legislature for a bill that would place a moratorium on CCAs. The effort failed, and hasn’t been revived this year.

Rhetoric similar to that used by PG&E against Marin’s venture has surfaced in San Diego, where a local group dubbed “Clear the Air” is fighting the CCA concept by suggesting that it could be financially risky for local taxpayers and questioning whether it will be successful in providing cleaner electricity. Whether Clear the Air is truly independent of SDG&E’s parent, Sempra Energy, is questionable, as at least two of its co-chairs are veteran lobbyists for the company.

SDG&E spokeswoman Helen Gao says the utility supports “customers’ right to choose an energy provider that best meets their needs” and expects to maintain a “cooperative relationship” with any provider chosen by the city.

 

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Europe Is Losing Nuclear Power Just When It Really Needs Energy

Europe's Nuclear Energy Policy shapes responses to the energy crisis, soaring gas prices, EU taxonomy rules, net-zero goals, renewables integration, baseload security, SMRs, and Russia-Ukraine geopolitics, exposing cultural, financial, and environmental divides.

 

Key Points

A policy guiding nuclear exits or expansion to balance energy security, net-zero goals, costs, and EU taxonomy.

✅ Divergent national stances: phase-outs vs. new builds

✅ Costs, delays, and waste challenge large reactors

✅ SMRs, renewables, and gas shape net-zero pathways

 

As the Fukushima disaster unfolded in Japan in 2011, then-German Chancellor Angela Merkel made a dramatic decision that delighted her country’s anti-nuclear movement: all reactors would be ditched.

What couldn’t have been predicted was that Europe would find itself mired in one of the worst energy crises in its history. A decade later, the continent’s biggest economy has shut down almost all its capacity already. The rest will be switched off at the end of 2022 — at the worst possible time.

Wholesale power prices are more than four times what they were at the start of the coronavirus pandemic. Governments are having to take emergency action to support domestic and industrial consumers faced with crippling bills, which could rise higher if the tension over Ukraine escalates. The crunch has not only exposed Europe’s supply vulnerabilities, but also the entrenched cultural and political divisions over the nuclear industry and a failure to forge a collective vision. 

Other regions meanwhile are cracking on, challenging the idea that nuclear power is in decline worldwide. China is moving fast on nuclear to try to clean up its air quality. Its suite of reactors is on track to surpass that of the U.S., the world’s largest, by as soon as the middle of this decade. Russia is moving forward with new stations at home and has more than 20 reactors confirmed or planned for export construction, according to the World Nuclear Association.

“I don’t think we’re ever going to see consensus across Europe with regards to the continued running of existing assets, let alone the construction of new ones,” said Peter Osbaldstone, research director for power and renewables at Wood Mackenzie Group Ltd. in the U.K. “It’s such a massive polarizer of opinions that national energy policy is required in strength over a sustained period to support new nuclear investment.” 

France, Europe’s most prolific nuclear energy producer, is promising an atomic renaissance as its output becomes less reliable. Britain plans to replace aging plants in the quest for cleaner, more reliable energy sources. The Netherlands wants to add more capacity, Poland also is seeking to join the nuclear club, and Finland is starting to produce electricity later this month from its first new plant in four decades. 

Belgium and Spain, meanwhile, are following Germany’s lead in abandoning nuclear, albeit on different timeframes. Austria rejected it in a referendum in 1978.

Nuclear power is seen by its proponents as vital to reaching net-zero targets worldwide. Once built, reactors supply low-carbon electricity all the time, unlike intermittent wind or solar.

Plants, though, take a decade or more to construct at best and the risk is high of running over time and over budget. Finland’s new Olkiluoto-3 unit is coming on line after a 12-year delay and billions of euros in financial overruns. 

Then there’s the waste, which stays hazardous for 100,000 years. For those reasons European Union members are still quarreling over whether nuclear even counts as sustainable.

Electorates are also split. Polling by YouGov Plc published in December found that Danes, Germans and Italians were far more nuclear-skeptic than the French, British or Spanish. 

“It comes down to politics,” said Vince Zabielski, partner at New York-based law firm Pillsbury Winthrop Shaw Pittman LLP, who was a nuclear engineer for 15 years. “Everything political ebbs and flows, but when the lights start going off people have a completely different perspective.”

 

What’s Behind Europe’s Skyrocketing Energy Prices

Indeed, there’s a risk of rolling blackouts this winter. Supply concerns plaguing Europe have sent gas and electricity prices to record levels and inflation has ballooned. There’s also mounting tension with Russia over a possible invasion of Ukraine, which could lead to disrupted supplies of gas. All this is strengthening the argument that Europe needs to reduce its dependence on international sources of gas.

Europe will need to invest 500 billion euros ($568 billion) in nuclear over the next 30 years to meet growing demand for electricity and achieve its carbon reduction targets, according to Thierry Breton, the EU’s internal market commissioner. His comments come after the bloc unveiled plans last month to allow certain natural gas and nuclear energy projects to be classified as sustainable investments. 

“Nuclear power is a very long-term investment and investors need some kind of guarantee that it will generate a payoff,” said Elina Brutschin at the International Institute for Applied Systems Analysis. In order to survive in liberalized economies like the EU, the technology needs policy support to help protect investors, she said.

That already looks like a tall order. The European Commission has been told by a key expert group that the labeling risks raising greenhouse gas emissions and undermining the bloc’s reputation as a bastion for environmentally friendly finance.

Austria has threatened to sue the European Commission over attempts to label atomic energy as green. The nation previously attempted a legal challenge, when the U.K. was still an EU member, to stop the construction of Electricite de France SA’s Hinkley Point C plant, in the west of England. It has also commenced litigation against new Russia-backed projects in neighboring Hungary.

Germany, which has missed its carbon emissions targets for the past two years, has been criticized by some environmentalists and climate scientists for shutting down a supply of clean power at the worst time, despite arguments for a nuclear option for climate policy. Its final three reactors will be halted this year. Yet that was never going to be reversed with the Greens part of the new coalition government. 

The contribution of renewables in Germany has almost tripled since the year before Fukushima, and was 42% of supply last year. That’s a drop from 46% from the year before and means the country’s new government will have to install some 3 gigawatts of renewables — equivalent to the generating capacity of three nuclear reactors — every year this decade to hit the country's 80% goal.

“Other countries don’t have this strong political background that goes back to three decades of anti-nuclear protests,” said Manuel Koehler, managing director of Aurora Energy Research Ltd., a company analyzing power markets and founded by Oxford University academics. 

At the heart of the issue is that countries with a history of nuclear weapons will be more likely to use the fuel for power generation. They will also have built an industry and jobs in civil engineering around that.

Germany’s Greens grew out of anti-nuclear protest movements against the stationing of U.S. nuclear missiles in West Germany. The 1986 Chernobyl meltdown, which sent plumes of radioactive fallout wafting over parts of western Europe, helped galvanize the broader population. Nuclear phase-out plans were originally laid out in 2002, but were put on hold by the country's conservative governments. The 2011 Fukushima meltdowns reinvigorated public debate, ultimately prompting Merkel to implement them.

It’s not easy to undo that commitment, said Mark Hibbs, a Bonn, Germany-based nuclear analyst at Carnegie Endowment for International Peace, or to envision any resurgence of nuclear in Germany soon: “These are strategic decisions, that have been taken long in advance.”

In France, President Emmanuel Macron is about to embark on a renewed embrace of nuclear power, even as a Franco-German nuclear dispute complicates the debate. The nation produces about two-thirds of its power from reactors and is the biggest exporter of electricity in Europe. Notably, that includes anti-nuclear Germany and Austria.

EDF, the world’s biggest nuclear plant operator, is urging the French government to support construction of six new large-scale reactors at an estimated cost of about 50 billion euros. The first of them would start generating in 2035.

But even France has faced setbacks. Development of new projects has been put on hold after years of technical issues at the Flamanville-3 project in Normandy. The plant is now scheduled to be completed next year. 

In the U.K., Business Secretary Kwasi Kwarteng said that the global gas price crisis underscores the need for more home-generated clean power. By 2024, five of Britain’s eight plants will be shuttered because they are too old. Hinkley Point C is due to be finished in 2026 and the government will make a final decision on another station before an election due in 2024. 

One solution is to build small modular reactors, or SMRs, which are quicker to construct and cheaper. The U.S. is at the forefront of efforts to design smaller nuclear systems with plans also underway in the U.K. and France. Yet they too have faced delays. SMR designs have existed for decades though face the same challenging economic metrics and safety and security regulations of big plants.

The trouble, as ever, is time. “Any investment decisions you make now aren’t going to come to fruition until the 2030s,” said Osbaldstone, the research director at Wood Mackenzie. “Nuclear isn’t an answer to the current energy crisis.”

 

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WY Utility's First Wind Farm Faces Replacement

Foote Creek I Wind Farm Repowering upgrades Wyoming turbines with new nacelles, towers, and blades, cutting 68 units to 12 while sustaining 41.6 MW, under PacifiCorp and Rocky Mountain Power's Energy Vision 2020 plan.

 

Key Points

Replacement at Foote Creek Rim I, cutting to 12 turbines while sustaining about 41.6 MW using modern 2-4.2 MW units.

✅ 12 turbines replace 68, output steady near 41.6 MW

✅ New nacelles, towers, blades; taller 500 ft turbines

✅ Part of PacifiCorp Energy Vision 2020 and Gateway West

 

A Wyoming utility company has filed a permit to replace its first wind farm—originally commissioned in 1998, composed of over 65 turbines—amid new gas capacity competing with nuclear in Ohio, located at Foote Creek Rim I. The replacement would downsize the number of turbines to 12, which would still generate roughly the same energy output.

According to the Star Tribune, PacifiCorp’s new installation would involve new nacelles, new towers and new blades. The permit was filed with Carbon County.

 

New WY Wind Farm

The replacement wind turbines will stand more than twice as tall as the old: Those currently installed stand 200 feet tall, whereas their replacements will tower closer to 500 feet. Though this move is part of the company’s overall plan to expand its state wind fleet as some utilities respond to declining coal returns in the Midwest, the work going into the Foote Creek site is somewhat special, noted David Eskelsen, spokesperson for Rocky Mountain Power, the western arm of PacifiCorp.

“Foote Creek I repowering is somewhat different from the repowering projects announced in the (Energy Vision) 2020 initiative,” he said. “Foote Creek is a complete replacement of the existing 68 foundations, towers, turbine nacelles and rotors (blades).”

Currently, the turbines at Foote Creek have 600 kilowatts capacity each; the replacements’ maximum production ranges from 2 megawatts to 4.2 megawatts each, with the total output remaining steady at 41.4 megawatts, a scale similar to a 30-megawatt wind expansion in Eastern Kings, though there will be a slight capacity increase to 41.6 megawatts, according to the Star Tribune.

As part of the wind farm repowering initiative, PacifiCorp is to become full owner and operator of the Foote Creek site. When the farm was originally built, an Oregon-based water and electric board was 21 percent owner; 37 percent of the project’s output was tied into a contract with the Bonneville Power Administration.

Otherwise, PacifiCorp is moving to further expand its state wind fleet in line with initiatives like doubling renewable electricity by 2030 in Saskatchewan, with the addition of three new wind farms—to be located in Carbon, Albany and Converse counties—which may add up to 1,150 megawatts of power.

According to PacifiCorp, the company has more than 1,000 megawatts of owned wind generation capability, along with long-term purchase agreements for more than 600 megawatts from other wind farms owned by other entities. Energy Vision 2020 refers to a $3.5 billion investment and company move that is looking to upgrade the company's existing wind fleet with newer technology, adding 1,150 megawatts of new wind resources by 2020 and a a new 140-mile Gateway West transmission segment in Wyoming, comparable to a transmission project in Missouri just energized.

 

 

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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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Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

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Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.