Feds intent on prison for Wittig

By Topeka Capital Journal


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Federal prosecutors want David Wittig resentenced to five years for his felony convictions in a bank fraud case, perhaps departing outside the sentencing guidelines to make his prison term equal with co-defendant Clinton Odell Weidner II.

The recommendations to U.S. District Judge Julie A. Robinson were made in a recently filed document.

In a two-paragraph order, Robinson notified prosecutors and Wittig defense attorneys that she was contemplating imposing a sentence outside the guidelines. Prosecution and defense attorneys have until Jan. 26 to file a sentencing memorandum.

In his first resentencing, Wittig on April 24, 2006, received five years in federal prison for a 2003 conviction of concealing from bank regulators a $1.5 million loan he made to former Capital City Bank president Weidner, who invested the money in an Arizona real estate development. Wittig, former Westar Energy chief executive officer, president and chairman of the board, was a large loan customer of the bank, and Weidner was his personal banker. He had originally been sentenced to four years and three months in prison.

But on Nov. 22, the 10th U.S. Circuit Court of Appeals set aside the five-year prison sentence for Wittig, saying it was 10 times longer than the maximum six-month sentence in sentencing guidelines. The appeals court ordered Robinson to impose an unspecified sentence, saying the judge "erred in computing Mr. Wittig's offense level under the guidelines."

The appeals court said Robinson didn't "explain what dramatic facts justified such an extreme divergence" from the guidelines.

Richard Hathaway, senior litigation counsel, and Christine Kenney, assistant U.S. attorney, wrote there are legal criteria justifying resentencing Wittig to five years.

Prosecutors said Wittig could receive a sentence ranging from four years and three months to five years and three months if Robinson were to find that he received more than $1 million in gross receipts from one or more financial institutions as a result of the offense distinct from the $1.5 million loan.

"These gross receipts consist of the two $500,000 draws Wittig received from Weidner after Weidner received the $1.5 million in gross receipts from the nominee loan, plus $96,000 in interest Wittig received from Weidner, who obtained the interest proceeds from the financial institutions, Capital City (Bank) and Capitol Federal (Savings), as a result of the offense," prosecutors wrote.

If Robinson chose to impose a nonguideline sentence on Wittig, the judge could consider a federal statute requiring the court to "avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct," noting the appeals court affirmed Weidner's five-year sentence.

Prosecutors argued that as part of the loan to Weidner, Wittig was to receive a $20 million loan to fund a utility company that could trigger payments of up to $64 million to Wittig.

If Wittig weren't sentenced to five years, it would "create an incredible sentencing disparity. Wittig, who committed the same crimes as Weidner and had the same background, but who expected to net up to 60 times what Weidner expected to receive as a benefit, asks to receive one-tenth the sentence that his co-conspirator and co-defendant has received," prosecutors wrote.

As for releasing Wittig on court conditions, prosecutors contended he has a "flagrant and utter disregard" for federal court orders. As of Wednesday, Wittig had been in federal prison exactly one year after Robinson revoked his conditions of release because he "flagrantly violated" the conditions.

Wittig divested his assets without disclosing the transactions to prosecutors, the judge or the probation office as required by the conditions of his bond, Robinson said then.

In March 2004, Robinson issued an order that Wittig wasn't to receive, pay or transfer funds of more than $25,000 without getting her approval.

"It is appropriate, as this court found, that no condition or combination of conditions could reasonably assure the economic safety of the community and assure against the intentional disposition and transfer of assets that could be subject to fine and forfeiture," prosecutors wrote, adding "the assets are all back in play for forfeiture."

On Jan. 5, the appeals court overturned his 2005 conviction of 39 criminal counts tied to looting Westar of millions of dollars and said 24 of those counts couldn't be retried if prosecutors would choose to do so. Wittig had been sentenced to an 18-year term in that case.

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U.S. Grid overseer issues warning on Coronavirus

NERC COVID-19 Grid Security Alert urges utilities to update business continuity plans, assess supply chain risk, and harden cybersecurity against spearphishing, social engineering, and remote-work vulnerabilities to protect the U.S. power grid and critical infrastructure.

 

Key Points

A notice urging U.S. utilities to fortify pandemic continuity, secure supply chains, and enhance cybersecurity.

✅ Mandates updates to business continuity and pandemic readiness plans

✅ Flags supply chain risks for PPE, electronics, chemicals, and logistics

✅ Warns of spearphishing, social engineering, VPN and remote-work threats

 

The top U.S. grid security monitor urged power utilities to prepare for the new coronavirus in a rare alert yesterday, adding to a chorus of warnings from federal and private organizations.

The North American Electric Reliability Corp. called for power providers to update business continuity plans in case of a pandemic outbreak and weigh the need to prioritize construction or maintenance projects, including updates on major projects like BC Hydro's Site C, while the COVID-19 virus continues to spread.

NERC is requiring electric utilities to answer questions on their readiness for a possible pandemic, including potential staffing strategies such as on-site sequestering, by March 20, an unusual step that underscores the severity of the threat to U.S. power systems.

The Electricity Information Sharing and Analysis Center, NERC's hub for getting the word out on dangers and vulnerabilities for the grid, also sent out an "all-points bulletin" on Feb. 5 addressing the coronavirus outbreak. That nonpublic document covered "potential supply chain issues stemming from a manufacturing slowdown in Asia," NERC spokeswoman Kimberly Mielcarek said.

Among offering basic hygiene and awareness recommendations, NERC's latest alert also encourages utilities to take stock of resources with supply chains affected by the virus. Because "China and nearby southeast Asian nations" have been impacted, NERC said, the supply chain hits will likely include "electronics, personal protective equipment and sanitation supplies, chemicals, and raw materials." The nonprofit grid overseer also warned of global transportation disruptions.

NERC also recommended utilities be on the lookout for cyberattacks taking advantage of the panic and using "coronavirus-themed opportunistic social engineering attacks" to hack into power companies' networks. Social engineering attacks are when hackers use social interactions to manipulate targets into giving up sensitive information.

"Spearphishing, watering hole, and other disinformation tactics are commonly used to exploit public interest in significant events," the alert said.

Electric utility representatives said they're working on or have already completed some of the steps outlined in NERC's alert, though nuclear plant workers have cited a lack of precautions in some cases.

"At this point, many of our members are activating and/or reviewing their business continuity and preparedness plans to ensure that operations and infrastructure are properly supported," said Tobias Sellier, director of media relations for the American Public Power Association, which represents around 1,400 electric utilities.

The power providers are also collaborating with other utilities such as "water, wastewater and gas," Sellier said.

Stephen Bell, senior director of media and public relations at the National Rural Electric Cooperative Association, said his group's members "have already taken a number of steps recommended by NERC" while continuing to maintain operations.

"Co-ops continue working with local, state and federal stakeholders to remain vigilant and prepared. These preparations include more frequent communications to key stakeholders, updating business continuity plans and monitoring new information from public health officials," said Bell.

Last week the Electricity Subsector Coordinating Council (ESCC), a panel of government and industry officials charged with responding to power-sector emergencies, scheduled a conference call discussing how to protect the grid from disruption if the virus infects system operators. Ohio-based utility American Electric Power Co. said it is limiting public visits, has created a high-level response team and is working to ensure operations can continue, while reinforcing downed power line safety, if the virus keeps spreading (Energywire, March 6).

Scott Aaronson, vice president for security and preparedness of the Edison Electric Institute, which represents major investor-owned utilities, said that the electric sector practices "contingency planning" to deal with unusual situations such as the coronavirus. That means that while the type of emergency may be new, dealing with an emergency situation is not, he said. Aaronson added that many of NERC's recommendations are based on what companies are already doing.

"We have heightened awareness given the circumstances, and we have messaging to employees all the way up and down the chain — from CEOs to frontline workers — that: given this time of heightened awareness and potential vulnerability, we have to practice hygiene both of the personal and cyber variety," said Aaronson.

Aaronson said that the ESCC had another call this week with the departments of Energy and Homeland Security and the Centers for Disease Control and Prevention to stay on top of the issue.

Hacking concerns
In a cybersecurity event yesterday, Lisa Monaco, co-chair of the Aspen Cybersecurity Group and former homeland security adviser during the Obama administration, warned that the coronavirus should be considered a national security threat.

"Frankly, [pandemic] is the thing that kept me up at night amongst many, many things that kept me up at night for four years in the White House," Monaco said.

Monaco went on to say the virus will strain organizations' IT infrastructure as more employees work remotely and households face higher electricity bills, and lead to "potentially more vulnerabilities for bad actors when it comes to cybersecurity."

On Friday, the DHS's Cybersecurity and Infrastructure Security Agency released advice on steps that can be taken to lessen the virus's impact on supply chains and cybersecurity, as well as tips for defending against scams exploiting coronavirus fears.

Cybersecurity firms also have been reporting a dramatic increase in spear-phishing attacks, with hackers reportedly using the coronavirus topic as a lure to trick victims into clicking a malicious link. Whether it's hackers aiming at industries susceptible to shipping disruptions, attacking countries like Italy hit particularly hard by the virus or even masquerading as the World Health Organization, cybercriminals are taking full advantage of the crisis, experts say.

Greg Young, vice president of cybersecurity at Trend Micro, said businesses should continue to expect an increase in targeted phishing attacks.

"With a large majority of businesses switching to a work-from-home model and less emphasis on in-person meetings, we also anticipate that malicious actors will start to impersonate digital tools such as 'free' remote conferencing services and other cloud computing software," said Young.

Working from home can be especially risky, as often home networks are less secure than corporate offices, Young said — meaning a hacker aiming to get into an enterprise network could find an "easier attack path" from a home office.

The Department of Energy is asking employees to make sure they can work remotely when needed, even as some agencies set limits with EPA telework policy, including updating security questions and asking those with government-furnished laptops to be sure they have a VPN, or virtual private network, account. In a post added this week to the agency's website, Chief Information Officer Rocky Campione said the department over the next two weeks will be initiating steps to ensure there is adequate network capacity to carry out DOE's work.

"Ensuring the continued operations of the department's many varied missions requires diligence," Campione said.

 

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Ontario Businesses To See Full Impact of 2021 Electricity Rate Reductions

Ontario Comprehensive Electricity Plan delivers Global Adjustment reductions for industrial and commercial non-RPP customers, lowering electricity rates, shifting renewable energy costs, and enhancing competitiveness across Ontario businesses in 2022, with additional 4 percent savings.

 

Key Points

Ontario's plan lowers Global Adjustment by shifting renewable costs, cutting industrial and commercial bills 15-17%.

✅ Shifts above-market non-hydro renewable costs to the Province

✅ Reduces GA for industrial and commercial non-RPP customers

✅ Additional 4% savings on 2022 bills after GA deferral

 

As of January 1, 2022, industrial and commercial electricity customers will benefit from the full savings introduced through the Ontario government’s Comprehensive Electricity Plan, which supports stable electricity pricing for industrial and commercial companies, announced in Budget 2020, and first implemented in January 2021. This year customers could see an additional four percent savings compared to their bills last year, bringing the full savings from the Comprehensive Electricity Plan to between 15 and 17 per cent, making Ontario a more competitive place to do business.

“Our Comprehensive Electricity Plan has helped reverse the trend of skyrocketing electricity prices that drove jobs out of Ontario,” said Todd Smith, Minister of Energy. “Over 50,000 customers are benefiting from our government’s plan which has reduced electricity rates on clean and reliable power, allowing them to focus on reinvesting in their operations and creating jobs here at home.”

Starting on January 1, 2021, the Comprehensive Electricity Plan reduced overall Global Adjustment (GA) costs for industrial and commercial customers who do not participate in the Regulated Price Plan (RPP) by shifting the forecast above-market costs of non-hydro renewable energy, such as wind, solar and bioenergy, from the rate base to the Province, alongside energy-efficiency programs that complement demand reduction efforts.

“Since taking office, our government has listened to job creators and worked to lower the costs of doing business in the province. Through these significant reductions in electricity prices through the Comprehensive Electricity Plan, customers all across Ontario will benefit from significant savings in their business operations in 2022,” said Vic Fedeli, Minister of Economic Development, Job Creation and Trade. “By continuing to reduce electricity costs, lowering taxes, and cutting red tape our government has reduced the cost of doing business in Ontario by nearly $7 billion annually to ensure that we remain competitive, innovative and poised for economic recovery.”

As part of its COVID response, including electricity relief for families and small businesses, Ontario had deferred a portion of GA between April and June 2020 for industrial and non-RPP commercial customers, with more than 50,000 customers benefiting. Those same businesses paid back these deferred GA costs over 12 months, between January 2021 and December 2021, while the province prepared to extend disconnect moratoriums for residential customers.

During the pandemic, residential electricity use rose even as overall consumption dropped, underscoring shifts in load patterns.

Now that the GA deferral repayment period is over, industrial and non-RPP commercial customers will benefit from the full cost reductions provided to them by the Comprehensive Electricity Plan, alongside temporary off-peak rate relief that supported families and small businesses. This means that, beginning January 1, 2022, these businesses could see an additional four per cent savings on their bills compared to 2021, as new ultra-low overnight pricing options emerge depending on their location and consumption.

 

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Marine Renewables Canada shifts focus towards offshore wind

Marine Renewables Canada Offshore Wind integrates marine renewables, tidal and wave energy, advancing clean electricity, low-carbon power, supply chain development, and regulatory alignment to scale offshore wind energy projects across Canada's coasts and global markets.

 

Key Points

An initiative to grow offshore wind using Canada's marine strengths, shared supply chains, and regulatory synergies.

✅ Leverages tidal and wave energy expertise for offshore wind

✅ Aligns supply chain, safety, and regulatory frameworks

✅ Supports low-carbon power and clean electricity goals

 

With a growing global effort to develop climate change solutions and increase renewable electricity production, including the UK offshore wind growth in recent years, along with Canada’s strengths in offshore and ocean sectors, Marine Renewables Canada has made a strategic decision to grow its focus by officially including offshore wind energy in its mandate.

Marine Renewables Canada plans to focus on similarities and synergies of the resources in order to advance the sector as a whole and ensure that clean electricity from waves, tides, rivers, and offshore wind plays a significant role in Canada’s low-carbon future.

“Many of our members working on tidal energy and wave energy projects also have expertise that can service offshore wind projects both domestically and internationally,” says Tim Brownlow, Chair of Marine Renewables Canada. “For us, offshore wind is a natural fit and our involvement will help ensure that Canadian companies and researchers are gaining knowledge and opportunities in the offshore wind sector as it grows.”

Canada has the longest coastlines in the world, giving it huge potential for offshore wind energy development. In addition to the resource, Canada has significant capabilities from offshore and marine industries that can contribute to offshore wind energy projects. The global offshore wind market is estimated to grow by over 650% by 2030 and presents new opportunities for Canadian business.

“The federal government’s recent inclusion of offshore renewables in legislation, including a plan for regulating offshore wind developed by the government, and support for emerging renewable energy technologies are important steps toward building this industry,” says Elisa Obermann, executive director of Marine Renewables Canada. “There are still challenges to address before we’ll see offshore wind energy development in Canada, but we see a great opportunity to get more involved now, increase our experience, and help inform future development.”

Like wave and tidal energy, offshore wind projects operate in harsh marine environments and development presents many of the same challenges and benefits as it does for other marine renewable energy resources. Marine Renewables Canada has recognized that there is significant overlap between offshore wind and wave and tidal energy when it comes to the supply chain, regulatory issues, and the operating environment. The association plans to focus on similarities and synergies of the resources in order to advance the sector as a whole, leveraging Canada’s opportunity in the global electricity market to ensure that clean electricity from waves, tides, rivers, and offshore wind plays a significant role in Canada’s low-carbon future.

 

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States have big hopes for renewable energy. Get ready to pay for it.

New York Climate Transition Costs highlight rising utility bills for ratepayers as the state pursues renewable energy, electrification, and a zero-emissions grid, with Inflation Reduction Act funding to offset consumer burdens while delivering health benefits.

 

Key Points

Ratepayer-funded costs to meet New York's renewable targets and zero-emissions grid, offset by federal incentives.

✅ $48B in projects funded by consumers over two decades

✅ Up to 10% of utility bills already paid by some upstate users

✅ Targets: 70% renewables by 2030; zero-emissions grid by 2040

 

A generational push to tackle climate change in New York that includes its Green New Deal is quickly becoming a pocketbook issue headed into 2024.

Some upstate New York electric customers are already paying 10 percent of their electricity bills to support the state’s effort to move off fossil fuels and into renewable energy. In the coming years, people across the state can expect to give up even bigger chunks of their income to the programs — $48 billion in projects is set to be funded by consumers over the next two decades.

The scenario is creating a headache for New York Democrats grappling with the practical and political risk of the transition.


It’s an early sign of the dangers Democrats across the country will face as they press forward with similar policies at the state and federal level. New Jersey, Maryland and California are also wrestling with the issue and, in some cases, are reconsidering their ambitious plans, including a 100% carbon-free mandate in California.

“This is bad politics. This is politics that are going to hurt all New Yorkers,” said state Sen. Mario Mattera, a Long Island Republican who has repeatedly questioned the costs of the state’s climate law and who will pay for it.

Democrats, Mattera said, have been unable to explain effectively the costs for the state’s goals. “We need to transition into renewable energy at a certain rate, a certain pace,” he said.

Proponents say the switch will ultimately lower energy bills by harnessing the sun and wind, result in significant health benefits and — critically — help stave off the most devastating climate change scenarios. And they hope new money to go green from the Inflation Reduction Act, celebrating its one-year anniversary, can limit costs to consumers.

New York has statutory mandates calling for 70 percent renewable electricity by 2030 and a fully “zero emissions” grid by 2040, among the most aggressive targets in the country, aligning with a broader path to net-zero electricity by mid-century. The grid needs to be greened, while demand for electricity is expected to more than double by 2050 — the same year when state law requires emissions to be cut by 85 percent from 1990 levels.

But some lawmakers in New York, particularly upstate Democrats, and similar moderates across the nation are worried about moving too quickly and sparking a backlash against higher costs, as debates over Minnesota's 2050 carbon-free plan illustrate. The issue is another threat to Democrats heading into the critical 2024 battleground House races in New York, which will be instrumental in determining control of Congress.

Even Gov. Kathy Hochul, a Democrat who is fond of saying that “we’re the last generation to be able to do anything” about climate change, last spring balked at the potential price tag of a policy to achieve New York’s climate targets, a concern echoed in debates over a fully renewable grid by 2030 elsewhere. And she’s not the only top member of her party to say so.

“If it’s all just going to be passed along to the ratepayers — at some point, there’s a breaking point, and we don’t want to lose public support for this agenda,” state Comptroller Tom DiNapoli, a Democrat, warned in an interview.

 

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SaskPower to buy more electricity from Manitoba Hydro

SaskPower-Manitoba Hydro Power Sale outlines up to 215 MW of clean hydroelectric baseload for Saskatchewan, supporting renewable energy targets, lower greenhouse gas emissions, and interprovincial transmission line capacity starting 2022 under a 30-year agreement.

 

Key Points

A long-term deal supplying up to 215 MW of hydroelectric baseload from Manitoba to Saskatchewan to cut emissions.

✅ Up to 215 MW delivered starting 2022 via new intertie

✅ Supports 40% GHG reduction target by 2030

✅ 30-year term; complements wind and solar integration

 

Saskatchewan's Crown-owned electric utility has made an agreement to buy more hydroelectricty from Manitoba.

A term sheet providing for a new long--term power sale has been signed between Manitoba Hydro and SaskPower which will see up to 215 megawatts flow from Manitoba to Saskatchewan, as new turbine investments advance in Manitoba, beginning in 2022.

SaskPower has two existing power purchase agreements with Manitoba Hydro that were made in 2015 and 2016, but the newest one announced Monday is the largest, as financial pressures at Manitoba Hydro continue.

SaskPower President and CEO Mike Marsh says in a news release that the clean, hydroelectric power represents a significant step forward when it comes to reaching the utility's goal of reducing greenhouse gas emissions by 40 per cent by 2030, aligning with progress on renewable electricity by 2030 initiatives.

Marsh says it's also reliable baseload electricity, which SaskPower will need as it adds more intermittent generation options like wind and solar.

SaskPower says a final legal contract for the sale is expected to be concluded by mid-2019 and be in effect by 2022, and the purchase agreement would last up to 30 years.

"Manitoba Hydro has been a valued neighbour and business partner over the years and this is a demonstration of that relationship," Marsh said in the news release.

The financial terms of the agreement are not being released, though SaskPower's latest annual report offers context on its finances.

Both parties say the sale will partially rely on the capacity provided by a new transmission line planned for construction between Tantallon, Sask. and Birtle, Man. that was previously announced in 2015 and is expected to be in service by 2021.

"Revenues from this sale will assist in keeping electricity rates affordable for our Manitoba customers, while helping SaskPower expand and diversify its renewable energy supply," Manitoba Hydro president and CEO Kelvin Shepherd said in the utility's own news release.

In 2015, SaskPower signed a 25 megawatt agreement with Manitoba Hydro that lasts until 2022. A 20-year agreement for 100 megawatts was signed in 2016 and comes into effect in 2020, and SaskPower is also exploring a purchase from Flying Dust First Nation to further diversify supply.

The deals are part of a memorandum of understanding signed in 2013 involving up to 500 megawatts.
 

 

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Massive power line will send Canadian hydropower to New York

Twin States Clean Energy Link connects New England to Hydro-Quebec via a 1,200 MW transmission line, DOE-backed capacity, underground segments, existing corridors, boosting renewable energy reliability across Vermont and New Hampshire with cross-border grid flexibility.

 

Key Points

DOE-backed 1,200 MW line linking Hydro-Quebec to New England, adding clean capacity with underground routes.

✅ 1,200 MW cross-border capacity for the New England grid

✅ Uses existing corridors; underground in VT and northern NH

✅ DOE capacity contract lowers risk and spurs investment

 

A proposal to build a new transmission line to connect New England with Canadian hydropower is one step closer to reality.

The U.S. Department of Energy announced Monday that it has selected the Twin States Clean Energy Link as one of three transmission projects that will be part of its $1.3 billion cross-border transmission initiative to add capacity to the grid.

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Twin States is a proposal from National Grid, a utility company that serves Massachusetts, New York, and Rhode Island, and also owns transmission in England and Wales as the region advances projects like the Scotland-to-England subsea link that expand renewable flows, and the non-profit Citizens Energy Corporation.

The transmission line would connect New England with power from Hydro-Quebec, moving into the United States from Canada in Northern Vermont and crossing into New Hampshire near Dalton. It would run through parts of Grafton, Merrimack, and Hillsborough counties, routing through a substation in Dunbarton and ending at a proposed new substation in Londonderry. (Here's a map of the Twin States proposal.)

The federal funding will allow the U.S. Department of Energy to purchase capacity on the planned transmission line, which officials say reduces the risk for other investors and can help encourage others to purchase capacity.

The project has gotten support from local officials in Vermont and New Hampshire, but there are still hurdles to cross. The contract negotiation process is beginning, National Grid said, and the proposal still needs approvals from regulators before construction could begin.

First Nations communities in Canada have opposed transmission lines connecting Hydro-Quebec with New England in the past, and the company has faced scrutiny from environmental groups.

What would Twin States look like?
Transmission projects, like the failed Northern Pass proposal, have been controversial in New England, though the Great Northern Transmission Line progressed in Minnesota.

But Reihaneh Irani-Famili, vice president of capital delivery, project management and construction at National Grid, said this one is different because the developers listened to community concerns before planning the project.

“They did not want new corridors of infrastructure, so we made sure that we're using existing right of way,” she said. “They did not want the visual impact and some of the newer corridors of infrastructure, we're making sure we're undergrounding portions of the line.”

In Vermont and northern New Hampshire, the transmission lines would be buried underground along state roads. South of Littleton, they would be located within existing transmission corridors.

The developers say the lines could provide 1,200 megawatts of transmission capacity. The project would have the ability to carry electricity from hydro facilities in Quebec to New England, and would also be able to bring electricity from New England into Quebec, a step toward broader macrogrid connectivity across regions.

“Those hydro dams become giant green batteries for the region, and they hold that water until we need the electrons,” Irani-Famili said. “So if you think about our energy system not as one that sees borders, but one that sees resources, this is connecting the Quebec resources to the New England resources and helping all of us get into that cleaner energy future with a lot less build than we otherwise would have.”

Irani-Famili says the transmission line could help facilitate more clean energy resources like offshore wind coming online. In a report released last week by New Hampshire’s Department of Energy, authors said importing Canadian hydropower could be one of the most cost-effective ways to move away from fossil fuels on the electric grid.

National Grid estimates the project will help save energy customers $8.3 billion in its first 12 years. The developers are constructing a $260 million “community benefits plan” that would take some profits from the transmission line and give that money back to communities that host the transmission lines and environmental justice communities in New England.

 

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