Third exec at Enron pleads guilty

By San Francisco Chronicle


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The Enron Corp. energy trader who devised the notorious "Death Star" scheme to bill California for fictitious electricity pleaded guilty in a San Francisco court to a federal fraud charge and admitted plotting to manipulate the market during the state's energy crisis.

John Forney, 42, of Upper Arlington, Ohio, is the third former Enron executive to admit lawbreaking during the 2000-01 power shortages and price spikes that led to rolling blackouts and multibillion-dollar rate increases. He faces up to five years in prison.

Timothy Belden, Forney's former boss at Enron's West Coast power trading office in Portland, and Jeffrey Richter, another top Enron trader, are awaiting sentencing for fraud. Both talked to federal agents about Forney and identified him as a chief strategist, according to court documents.

"We have now obtained convictions of the top three Enron executives most directly responsible for manipulating the energy markets in California at a time unique in our history, when the lights were going off and the grid was in danger of shutting down,'' said Kevin Ryan, U.S. attorney in San Francisco. "These executives will now be required to help obtain restitution for the same victims they defrauded, namely the citizens of California and the other Western states."

But California has had little success recouping energy overcharges for its consumers, largely because of limits on reimbursement imposed by the Federal Energy Regulatory Commission.

State Attorney General Bill Lockyer sued Enron in June for damages allegedly caused by commodities fraud and unfair competition. Forney's plea agreement requires him to cooperate with Lockyer and with federal prosecutors looking into Enron and other companies.

"We are obviously interested in sitting down and having a good heart-to-heart with Mr. Forney to see what he may have to add to our body of evidence,'' said Lockyer spokesman Tom Dresslar.

Forney's attorney, Edwin Prather, said the plea agreement was "an opportunity for John to help right the wrongs that he helped create'' and to help the government in "understanding the bigger problem of misdeeds of the energy industry."

He said Forney had nothing to do with the case against former Enron Chairman Kenneth Lay, indicted last month on fraud charges connected to the Houston-based company's collapse in late 2001.

Forney joined Enron in 1993 as a low-level generation unit manager, then moved into the company's expanding field of energy trading, where he thrived. He was assigned in 1997 to the Portland office, which handled California power trading under the state's ill-fated electricity deregulation law, and became manager of the real-time trading desk in 1999.

That desk, according to federal prosecutors, hatched the colorfully named schemes -- like "Death Star,'' "Get Shorty'' and "Ricochet'' -- that cheated consumers, fooled state overseers and generated profit increases of as much as 1,500 percent in two years.

Forney said recently that he was the author of "Death Star," which was also known within Enron as Forney's Perpetual Loop. Company traders created the appearance of congestion on the California power grid, then collected a premium price from the state for relieving congestion and delivering electricity where it was needed; in fact, that electricity was looped through transmission lines outside the state and never delivered anywhere.

"Enron purported to move electricity in directions that would relieve congestion, when in fact the electricity was scheduled to flow in a circular pattern,'' Forney said in his plea agreement. He said the California Independent System Operator, which managed the grid, was unable to detect the pattern.

Evidence of such manipulation was starkly illustrated in June when audiotapes of conversations between Enron traders in Portland were released during a legal case in Washington state.

"If the line's not congested, then I just look if I can congest it," one trader said during an August 2000 phone call. "If you can congest it, that's a moneymaker no matter what."

In another taped call, in November 2000, two Enron traders chortled about fleecing "Grandma Millie'' and "those poor grandmothers in California."

Forney's plea agreement also acknowledged a role in "Ricochet,'' in which Enron bought price-capped electricity from the California market and then resold it to California at a price above the cap.

In a quietly arranged appearance before U.S. District Judge Martin Jenkins in San Francisco, Forney pleaded guilty to a single count of conspiring to commit wire fraud, and the government agreed to drop 10 other charges contained in a grand jury indictment last December.

Prather, Forney's attorney, said the plea agreement does not specify a sentence, but Forney hopes for a recommendation of leniency based on his cooperation.

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Energy-insecure households in the U.S. pay 27% more for electricity than others

Community Solar for Low-Income Homes expands energy equity by delivering renewable energy access, predictable bill savings, and tax credit benefits to renters and energy-insecure households, accelerating distributed generation and storage adoption nationwide.

 

Key Points

A program model enabling renters and LMI households to subscribe to off-site solar and save on utility bills.

✅ Earn bill credits from shared solar generation.

✅ Expands access for renters and LMI subscribers.

✅ Often paired with storage and IRA tax credit adders.

 

On a square-foot basis, the issue of inequality is made worse by higher costs for energy usage in the nation. Efforts like community solar programs such as Maryland community solar are underway to boost low-income participation in the cost benefits of renewable energy.

The Energy Information Administration (EIA) shows that households that are considered energy insecure, or those that have the inability to adequately meet basic household energy costs, are paying more for electricity than their wealthier counterparts. 

On average in the United States in 2020, households were billed about $1.04 per square foot for all energy sources. For homes that did not report energy insecurity, that average was $0.98 per square foot, while homes with energy insecurity issues paid an average of $1.24 per square foot for energy. This means that U.S. residents that need the most support on their energy bills are stuck with costs 27% higher than their neighbors on square-foot-basis.

EIA said energy-insecure households have reduced or forgone basic necessities to pay energy bills, kept their houses at unsafe temperatures because of energy cost concerns, or been unable to repair heating or cooling equipment because of cost.

In 2020, households with income less than $10,000 a year were billed an average of $1.31 per square foot for energy, while households making $100,000 or more were billed an average of $0.96 per square foot, said EIA. Renters paid considerably more ($1.28 per square foot) than owners ($0.98 per square foot). There were also considerable differences between regions, with New England solar growth sparking grid upgrade debates, ethnic groups and races, and insulation levels, as seen below.

The energy transition toward renewables like solar has offered price stability, amid record solar and storage growth nationwide, but thus far energy-insecure communities have relatively been left behind. A recent Berkeley Lab report, Residential Solar-Adopter Income and Demographic Trends, indicates that even though the rate of solar adoption among low-income residents is increasing (from 5% in 2010 to 11% in 2021), that segment of energy consumers remains under-represented among solar adopters, relative to its share of the population.


Community solar efforts

As such, the United States is targeting communities most impacted by energy costs that have not benefitted from the transition, highlighting “Energy Communities” that are eligible for an additional 10% tax credit through funds made possible by the Inflation Reduction Act.

Additionally, a push for community solar development is taking place nationwide to extend access to affordable solar energy to renters and other residents that aren’t able to leverage finances to invest in predictable, low-cost residential solar systems. The Biden Administration set a goal this year to sign up 5 million community solar households, achieving $1 billion in bill savings by 2025. The community solar model only represents about 8% of the total distributed solar capacity in the nation. This target would entail a jump from 3 GW installed capacity to 20 GW by the target year. The Department of Energy estimates community solar subscribers save an average of 20% on their bills.

California this year passed AB 2316, the Community Renewable Energy Act takes aim at four acute problems in the state’s power market: reliability amid rising outage risks, rates, climate and equity. The law creates a community renewable energy program, including community solar-plus-storage, supported by cheaper batteries, to overcome access barriers for nearly half of Californians who rent or have low incomes. Community solar typically involves customers subscribing to an off-site solar facility, receiving a utility bill credit for the power it generates.

“Community renewable energy is a proven powerful tool to help close California’s clean energy gap, bringing much needed relief to millions struggling with high housing costs and utility debt,” said Alexis Sutterman, energy equity program manager at the California Environmental Justice Alliance.

The program has energy equity baked into its structure, working to make sure Californians of all income levels participate in the benefits of the energy transition. Not only does it open solar access to renters, the law ensures that at least 51% of subscribers are low-income customers, which is expected to make projects eligible for a 10% tax credit adder under the IRA.

“The money’s on the table now,” said Jeff Cramer, president and chief executive of the Coalition for Community Solar Access. “While there are groups pushing for solar access for all, and states with strong legislation, there are other pockets of interest in surprising places in the United States. For example, Louisiana has no policy for community solar or support for low-income residents going solar but the city of New Orleans has its own utility commission with a community solar program. In Nebraska, forward-looking co-operatives have created community solar projects.

Community solar markets are active in 22 states, with more expected to come online in the future as states pursue 100% clean energy targets across the country. However, the market is expected to require strong community outreach efforts to foster trust and gain subscribers.

“There is a distrust of community solar initially in LMI communities as many have been burned before by retail energy false promises,” said Eric LaMora, executive director, community solar, Nautilus Solar on a panel at the Solar Energy Industries Association Finance, Tax, and Buyers seminar. “People are suspicious but there really are no hooks with community solar.”

LMI residents are leery to provide tax records or much documents at all in order to sign up for community solar, LaMora said. “We were surprised to see less of a default rate with LMI residents. We attribute this to the fact that they see significant savings on their electric bill, making it easier to pay each month,” he said.

 

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Here are 3 ways to find out where your electricity comes from

US energy mix shows how the electric grid blends renewables, fossil fuels, nuclear, and hydro, varying by ISO/RTO markets, utilities, and state policies, affecting carbon emissions, pricing, reliability, and access.

 

Key Points

The US energy mix is the grid's source breakdown by region: fossil fuels, renewables, nuclear, and hydro.

✅ Check ISO or RTO dashboards for real-time generation by fuel source.

✅ Utilities may offer green power plans or RECs at modest premiums.

✅ Energy mix shifts with policy, pricing, and grid reliability needs.

 

There are few resources more important than energy. Sure, you may die if you don't eat for days. But your phone will die if you go too long without charging it. Energy feeds tech, the internet, city infrastructure, refrigerators, lights, and has evolved throughout U.S. history in profound ways. You get the idea. Yet unlike our other common needs, such as food, energy sources aren't exactly front of mind for most people. 

"I think a lot of people don't put a lot of bandwidth into thinking about this part of their lives," said Richard McMahon, the SVP of energy supply and finance at Edison Electric Institute, a trade group that represents investor-owned electric companies in the US. 

It makes sense. For most Americans, electricity is always there, and in many locations, there's not much of a choice involved, even as electricity demand is flat across the U.S. today. You sign up with a utility when you move into a new residence and pay your bills when they're due. 

But there's an important reality that indifference eschews: In 2018, a third of the energy-related carbon-dioxide emissions in the US came from the electric power sector, according to the US Energy Information Administration (EIA). 

A good chunk of that is from the residential sector, which consistently uses more energy than commercial customers, per EIA data.

Just as many people exercise choice when they eat, you typically also have a choice when it comes to your energy supply. That's not to say your current offering isn't what you want, or that switching will be easy or affordable, but "if you're a customer and want power with a certain attribute," McMahon said, "you can pretty much get it wherever you are." 

But first, you need to know the energy mix you have right now. As it turns out, it's not so straightforward. At all.

This brief guide may help. 

For some utility providers, you can find out if it publishes the energy mix online. Dominion Energy, which serves Idaho, North Carolina, Ohio, South Carolina, Utah, Virginia, West Virginia, and Wyoming, provides this information in a colored graphic. 

"Once you figure out who your utility is you can figure out what mix of resources they use," said Heidi Ratz, an electricity markets researcher at the World Resources Institute.

But not all utilities publish this information.

It has to do with their role in the grid and reflects utility industry trends in structure and markets. Some utility companies are vertically integrated; they generate power through nuclear plants or wind farms and distribute those electrons directly to their customers. Other utilities just distribute the power that different companies produce. 

Consider Consolidated Edison, or Con Ed, which distributes energy to parts of New York City. While reporting this story, Business Insider could not find information about the utility's energy mix online. When reached for comment, a spokesperson said, "we're indifferent to where it comes from."

That's because, in New York, distribution utilities like Con Ed often buy energy through a wholesale marketplace.

Take a look at this map. If you live in one of the colored regions, your electricity is sold on a wholesale market regulated by an organization called a regional transmission organization (RTO) or independent system operator (ISO). Distribution utilities like Con Ed often buy their energy through these markets, based on availability and cost, while raising questions about future utility revenue models as prices shift. 

Still, it's pretty easy to figure out where your energy comes from. Just look up the ISO or RTO website (such as NYISO or CAISO). Usually, these organizations will provide energy supply information in near-real time. 

That's exactly what Con Edison (which buys energy on the NYISO marketplace) suggested. As of Friday morning, roughly 40% of the energy on the market place was natural gas or other fossil fuels, 34% was nuclear, and about 22% was hydro. 

If you live in another region governed by an ISO or RTO, such as in most of California, you can do the same thing. Like NYISO, CAISO has a dashboard that shows (again, as of Friday morning) about 36% of the energy on the market comes from natural gas and more than 20% comes from renewables. 

In the map linked above, you'll notice that some of the ISOs and RTOs like MISO encompass enormous regions. That means that even if you figure out where the energy in your market comes from, it's not going to be geographically specific. But there are a couple of ways to drill down even further. 

The Environmental Protection Agency has a straightforward tool called Power Profiler. You can enter your zip code to see the fuel mix in your area. But it's not perfect. The data are from 2016 and, in some regions of the country like the upper Midwest, they aren't much more localized, and some import dirty electricity due to regional trading. 

The World Resources Institute also has a tool that allows you to see the electricity mix by state, based on 2017 data from EIA. These numbers represent power generation, not the electricity actually flowing into your sockets, but they offer a rough idea of what energy resources are operating in your state. 

One option is to check with your utility to see if it has a "green power" offering. Over 600 utilities across the country have one, according to the Climate Reality Project, though they often come at a slightly higher cost. It's typically on the scale of just a few more cents per kilowatt-hour. 

There are also independent, consumer-facing companies like Arcadia and Green Mountain Energy that allow you to source renewable energy, by virtually connecting you to community solar projects or purchasing Renewable Energy Certificates, or RECs, on your behalf, as America goes electric and more options emerge. 

"RECs measure an investment in a clean energy resource," Ratz said, in an email. "The goal of putting that resource on the grid is to push out the need for dirtier resources."

The good news: Even if you do nothing, your energy mix will get cleaner. Coal production has fallen to lows not seen since the 1980s, amid disruptions in coal and nuclear sectors that affect reliability and costs, while renewable electricity generation has doubled since 2008. So whether you like it or not, you'll be roped into the clean energy boom one way or another. 

 

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Rio Tinto Completes Largest Off-Grid Solar Plant in Canada's Northwest Territories

Rio Tinto Off-Grid Solar Power Plant showcases renewable energy at the Diavik Diamond Mine in Canada's Northwest Territories, cutting diesel use, lowering carbon emissions, and boosting remote mining resilience with advanced photovoltaic technology.

 

Key Points

A remote solar PV plant at Diavik mine supplying clean power while cutting diesel use, carbon emissions, and costs.

✅ Largest off-grid solar in Northwest Territories

✅ Replaces diesel generators during peak solar hours

✅ Enhances sustainability and lowers operating costs

 

In a significant step towards sustainable mining practices, Rio Tinto has completed the largest off-grid solar power plant in Canada’s Northwest Territories. This groundbreaking achievement not only highlights the company's commitment to renewable energy, as Canada nears 5 GW of solar capacity nationwide, but also sets a new standard for the mining industry in remote and off-grid locations.

Located in the remote Diavik Diamond Mine, approximately 220 kilometers south of the Arctic Circle, Rio Tinto's off-grid solar power plant represents a technological feat in harnessing renewable energy in challenging environments. The plant is designed to reduce reliance on diesel fuel, traditionally used to power the mine's operations, and mitigate carbon emissions associated with mining activities.

The decision to build the solar power plant aligns with Rio Tinto's broader sustainability goals and commitment to reducing its environmental footprint. By integrating renewable energy sources like solar power, a strategy that renewable developers say leads to better, more resilient projects, the company aims to enhance energy efficiency, lower operational costs, and contribute to global efforts to combat climate change.

The Diavik Diamond Mine, jointly owned by Rio Tinto and Dominion Diamond Mines, operates in a remote region where access to traditional energy infrastructure is limited, and where, despite lagging solar demand in Canada, off-grid solutions are increasingly vital for reliability. Historically, diesel generators have been the primary source of power for the mine's operations, posing logistical challenges and environmental impacts due to fuel transportation and combustion.

Rio Tinto's investment in the off-grid solar power plant addresses these challenges by leveraging abundant sunlight in the Northwest Territories to generate clean electricity directly at the mine site. The solar array, equipped with advanced photovoltaic technology, which mirrors deployments such as Arvato's first solar plant in other sectors, is capable of producing a significant portion of the mine's electricity needs during peak solar hours, reducing reliance on diesel generators and lowering overall carbon emissions.

Moreover, the completion of the largest off-grid solar power plant in Canada's Northwest Territories underscores the feasibility and scalability of renewable energy solutions, from rooftop arrays like Edmonton's largest rooftop solar to off-grid systems in remote and resource-intensive industries like mining. The success of this project serves as a model for other mining companies seeking to enhance sustainability practices and operational resilience in challenging geographical locations.

Beyond environmental benefits, Rio Tinto's initiative is expected to have positive economic and social impacts on the local community. By reducing diesel consumption, the company mitigates air pollution and noise levels associated with mining operations, improving environmental quality and contributing to the well-being of nearby residents and wildlife.

Looking ahead, Rio Tinto's investment in renewable energy at the Diavik Diamond Mine sets a precedent for responsible resource development and sustainable mining practices in Canada, where solar growth in Alberta is accelerating, and globally. As the mining industry continues to evolve, integrating renewable energy solutions like off-grid solar power plants will play a crucial role in achieving long-term environmental sustainability and operational efficiency.

In conclusion, Rio Tinto's completion of the largest off-grid solar power plant in Canada's Northwest Territories marks a significant milestone in the mining industry's transition towards renewable energy. By harnessing solar power to reduce reliance on diesel generators, the company not only improves operational efficiency and environmental stewardship but also adds to momentum from corporate power purchase agreements like RBC's Alberta solar deal, setting a positive example for sustainable development in remote regions. As global demand for responsible mining practices grows, initiatives like Rio Tinto's off-grid solar project demonstrate the potential of renewable energy to drive positive change in resource-intensive industries.

 

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Texas produces and consumes the most electricity in the US

Texas ERCOT Power Grid leads U.S. wind generation yet faces isolated interconnection, FERC exemption, and high industrial energy use, with distinct electricity and natural gas prices managed by a single balancing authority.

 

Key Points

The state-run interconnection that balances Texas electricity, isolated from FERC oversight and other U.S. grids.

✅ Largest U.S. wind power producer, high industrial demand

✅ Operates one balancing authority, independent interconnection

✅ Pays lower electricity, higher natural gas vs national average

 

For nearly two decades, the Lone Star State has generated more wind-sourced electricity than any other state in the U.S., according to the Energy Information Administration, or EIA.

In 2022, EIA reported Texas produced more electricity than any other state and generated twice as much as second-place Florida.

However, Texas also leads the country in another category. According to EIA, Texas is the largest energy-consuming state in the nation across all sectors with more than half of the state’s energy being used by the industrial sector.

As of May 2023, Texas residents paid 43% more for natural gas and around 10% less for electricity compared to the national average, according to EIA, and in competitive areas shopping for electricity is getting cheaper as well. Commercial and industrial sectors on average for the same month paid 25% less for electricity compared to the national average.


U.S. electric system compared to Texas
The U.S. electric system is essentially split into three regions called interconnections and are managed by a total of 74 entities called balancing authorities that ensure that power supply and demand are balanced throughout the region to prevent the possibility of blackouts, according to EIA.

The three regions (Interconnections):

Eastern Interconnection: Covers all U.S. states east of the Rocky Mountains, a portion of northern Texas, and consists of 36 balancing authorities.
Western Interconnection: Covers all U.S. states west of the Rockies and consists of 37 balancing authorities.
ERCOT: Covers the majority of Texas and consists of one balancing authority (itself).

During the 2021 winter storm, Texas electric cooperatives were credited with helping maintain service in many communities.

“ERCOT is unique in that the balancing authority, interconnection, and the regional transmission organization are all the same entity and physical system,” according to EIA, a structure often discussed in analyses of Texas power grid challenges today.

With this being the case, Texas is the only state in the U.S. that balances itself, the only state that is not subject to the jurisdiction of the Federal Energy Regulatory Commission, or FERC, and the only state that is not synchronously interconnected to the grid in the rest of the United States in the event of tight grid conditions, highlighting ongoing discussions about improving Texas grid reliability before peak seasons, according to EIA.

Every other state in the U.S. is connected to a web of multiple balancing authorities that contribute to ensuring power supply and demand are met.

California, for example, was the fourth largest electricity producer and the third largest electricity consumer in the nation in 2022, according to EIA, and California imports the most electricity from other states while Pennsylvania exports the most.

Although California produces significantly less electricity than Texas, it has the ability to connect with more than 10 neighboring balancing authorities within the Western Interconnection to interchange electricity, a dynamic that can see clean states importing dirty electricity under certain market conditions. ERCOT being independent only has electricity interchange with two balancing authorities, one of which is in Mexico.

Regardless of Texas’ unique power structure compared to the rest of the nation, the vast majority of the U.S. risked electricity supplies during this summer’s high heat, as outlined in severe heat blackout risks reports, according to EIA.

 

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Pennsylvania Home to the First 100% Solar, Marriott-Branded U.S. Hotel

Courtyard by Marriott Lancaster Solar Array delivers 100% renewable electricity via photovoltaic panels at Greenfield Corporate Center, Pennsylvania, a High Hotels and Marriott sustainability initiative reducing grid demand and selling excess power for efficient operations.

 

Key Points

A $1.5M PV installation powering the 133-room hotel with 100% renewable electricity in Greenfield Center, Lancaster.

✅ 2,700 PV panels generate 1,239,000 kWh annually

✅ First Marriott in the US with 100% solar electricity

✅ $504,900 CFA grant; excess power sold to the utility

 

High Hotels Ltd., a hotel developer and operator, recently announced it is installing a $1.5 million solar array that will generate 100% of the electrical power required to operate one of its existing hotels in Greenfield Corporate Center. The completed installation will make the 133-room Courtyard by Marriott-Lancaster the first Marriott-branded hotel in the United States with 100% of its electricity needs generated from solar power. It is also believed to be the first solar array in the country installed for the sole purpose of generating 100% of the electricity needs of a hotel, mirroring how other firms are commissioning their first solar power plant to meet sustainability goals.

“This is an exciting approach to addressing our energy needs that aligns very well with High’s commitment to environmental stewardship,”

“We’ve been advancing many environmentally responsible practices across our hotel portfolio, including converting the interior and exterior lighting at the Lancaster Courtyard to LED, which will lower electricity demand by 15%,” said Russ Urban, president of High Hotels. “Installing solar is another important step in this progression, and we will look to apply lessons from this as we expand our portfolio of premium select-service hotels.”

The Lancaster-based hotel developer, owner and operator is working in partnership with Marriott International Inc. to realize this vision, in step with major brands announcing new clean energy projects across their portfolios.

The installation of more than 2,700 ballasted photovoltaic panels will fill an area more than two football fields in size. After evaluating several on-site and near-site alternatives, High Hotels decided to install the solar array on the roof of a nearby building in Greenfield Corporate Center. Using the existing roof saves more than three acres of open land and has additional aesthetic benefits, aligning with recommendations for solar farms under consideration by local planners. The solar array will produce 1,239,000 kWh of power for the hotel, which consumes 1,177,000 kWh. Any excess power will be sold to the utility, though affordable solar batteries are making on-site storage increasingly feasible.

High Hotels received a grant of $504,900 from the Commonwealth Financing Authority (CFA) through the Solar Energy Program to complete the project. An independent agency of the Department of Community and Economic Development (DCED), the CFA is responsible for evaluating projects and awarding funds for a variety of economic development programs, including the Solar Energy Program and statewide initiatives like solar-power subscriptions that broaden access. The project will receive a solar renewable energy credit which will be conveyed to the CFA to provide the agency with more funds to offer grants in the future.

“This is a cutting-edge project that is exactly the kind we are looking for to promote the generation and use of solar energy,” said DCED Secretary Dennis Davin. “I am very pleased that the first Marriott in the US to receive 100% of its electric needs through renewable solar energy is located right here in Central Pennsylvania.” Secretary Davin also serves as chairman of the CFA’s board.

Panels for the solar array will be Q Cells manufactured by Hanwha Cells Co., Ltd., headquartered in Seoul, South Korea. Ephrata, Pa.-based Meadow Valley Electric Inc. will install the array in the second and third quarters of 2018 with commissioning targeted for September 2018.

 

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Mexican president's contentious electricity overhaul defeated in Congress

Mexico Energy Reform Defeat underscores opposition unity as CFE-first rules, state regulators, and lithium nationalization falter amid USMCA concerns, investment risks, and clean energy transition impacts in Congress over power generation policy.

 

Key Points

The failed push to expand CFE control, flagged for USMCA risks, higher costs, regulator shifts, and slower clean energy transition.

✅ Bill to mandate 54% CFE generation and priority dispatch failed.

✅ Opposition cited USMCA breaches, higher prices, slower clean energy.

✅ Lithium nationalization to return via separate legislation.

 

Mexican President Andres Manuel Lopez Obrador's plan to increase state control of power generation was defeated in parliament on Sunday, as opposition parties united in the face of a bill they said would hurt investment and breach international obligations, concerns mirrored by rulings such as the Florida court on electricity monopolies that scrutinize market concentration.

His National Regeneration Movement (MORENA) and its allies fell nearly 60 votes short of the two-thirds majority needed in the 500-seat lower house of Congress, mustering just 275 votes after a raucous session that lasted more than 12 hours.

Seeking to roll back previous constitutional reforms that liberalized the electricity market, Lopez Obrador's proposed changes would have done away with a requirement that state-owned Comision Federal de Electricidad (CFE) sell the cheapest electricity first, a move reminiscent of debates when energy groups warned on pricing changes under federal proposals, allowing it to sell its own electricity ahead of other power companies.

Under the bill, the CFE would also have been set to generate a minimum of 54% of the country's total electricity, and energy regulation would have been shifted from independent bodies to state regulators, paralleling concerns raised when a Calgary retailer opposed a market overhaul over regulatory impacts.

The contentious proposals faced much criticism from business groups and the United States, Mexico's top trade partner as well as other allies who argued it would violate the regional trade deal, the United States-Mexico-Canada Agreement (USMCA), even as the USA looks to Canada for green power to deepen cross-border energy ties.

Lopez Obrador had argued the bill would have protected consumers and made the country more energy independent, echoing how Texas weighs market reforms to avoid blackouts to bolster reliability, saying the legislation was vital to his plans to "transform" Mexico.

Although the odds were against his party, he came into the vote seeking to leverage his victory in last weekend's referendum on his leadership.

Speaking ahead of the vote, Jorge Alvarez Maynez, a lawmaker from the opposition Citizens' Movement party, said the proposals, if enacted, would damage Mexico, pointing to experiences like the Texas electricity market bailout after a severe winter storm as cautionary examples.

"There isn't a specialist, academic, environmentalist or activist with a smidgen of doubt - this bill would increase electricity prices, slow the transition to (clean) energy in our country and violate international agreements," he added.

Supporters of clean-energy goals noted that subnational shifts, such as the New Mexico 100% clean electricity bill can illustrate alternative pathways to reform.

The bill also contained a provision to nationalize lithium resources.

Lopez Obrador said this week that if the bill was defeated, he would send another bill to Congress on Monday aiming to have at least the lithium portion of the proposed legislation passed.

 

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