South Africa's power outages attract independent solutions

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As South Africa's government and industry leaders meet to hammer out moves to control the impact of power outages on the country's production systems, top global executives are traveling to Johannesburg to seize opportunities out of the power crisis. Among them is General Electric CEO Jeff Immelt, who said GE can help to address the country's infrastructure problems.

There were no surprises when he focused on GE's industrial turbines and mentioned a range of bio-friendly projects the company is working on in the country. He highlighted the business opportunities in sub-Saharan Africa and said that infrastructure was a bottleneck to economic growth in developing countries. GE established its first South African office in 1898.

Aggreko, the world's largest provider of mobile generators, is another company poised to provide answers and fill the power gaps. The company's stock has gone up with the news of South Africa's urgent power needs, and business would be handled on the basis of current operations in South Africa through the company's Dubai-based International Power Projects.

Although the base-load feed on the national grid is a matter of prime concern, there are numerous industrial and retail companies that are looking at standalone diesel-fed generators in the 5-megawatt (MW) to 10-MW range as economic options when faced with production and trading losses through power outages. One large mall center in northern Johannesburg is considering an immediate $11.5 million generator investment to keep the shops powered. In terms of relative revenue loss, the decision to go for a dedicated power pack is a no-brainer.

Based on the "Eskom Confidential Daily System Status Report" leaked to the daily Business Report, none of the power stations supplying 90% of the country's electrical power was operating at full capacity and on January 28, 2008, 9,745 MW of Eskom's net maximum capacity of 37,761 MW was out of commission. On January 25, the gap figure was 8,768 MW. January 28th's unplanned outages totaled 4,235 MW because of several problems, including boiler turbine leaks, ash buildup and blockages caused by wet coal.

Eskom says that 5,000 MW of outages are due to coal shortages and quality. The coal industry disputes or qualifies this, saying that good coal is available for the asking and that Eskom's switch to 25% spot purchases from long-term supply contracts has affected quality control and the truck supply chain, - which led to some of the operational problems.

Although coal is mentioned as a reason for loss in capacity at 50% of the power stations suffering problems, wider issues are now surfacing, which include management. Regulatory responsibilities and obligations for a national utility, for which the bottom line must be the security of adequate supplies, are also being inspected.

The initial feelings of being at war with the power problem have been followed among the public, business and industry, with a positive/aggressive attitude that "We'd better do it for ourselves." The age of independent power has come to South Africa. The relationship between Eskom and its clients and the government will never be the same again. There is a general realization that official spin does not turn turbines.

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How utilities are using AI to adapt to electricity demands

AI Load Forecasting for Utilities leverages machine learning, smart meters, and predictive analytics to balance energy demand during COVID-19 disruptions, optimize grid reliability, support demand response, and stabilize rates for residential and commercial customers.

 

Key Points

AI predicts utility demand with ML and smart meters to improve reliability and reduce costs.

✅ Adapts to rapid demand shifts with accurate short term forecasts

✅ Optimizes demand response and distributed energy resources

✅ Reduces outages risk while lowering procurement and operating costs

 

The spread of the novel coronavirus that causes COVID-19 has prompted state and local governments around the U.S. to institute shelter-in-place orders and business closures. As millions suddenly find themselves confined to their homes, the shift has strained not only internet service providers, streaming platforms, and online retailers, but the utilities supplying power to the nation’s electrical grid, which face longer, more frequent outages as well.

U.S. electricity use on March 27, 2020 was 3% lower than it was on March 27, 2019, a loss of about three years of sales growth. Peter Fox-Penner, director of the Boston University Institute for Sustainable Energy, asserted in a recent op-ed that utility revenues will suffer because providers are halting shutoffs and deferring rate increases. Moreover, according to research firm Wood Mackenzie, the rise in household electricity demand won’t offset reduced business electricity demand, mainly because residential demand makes up just 40% of the total demand across North America.

Some utilities are employing AI and machine learning for the energy transition to address the windfalls and fluctuations in energy usage resulting from COVID-19. Precise load forecasting could ensure that operations aren’t interrupted in the coming months, thereby preventing blackouts and brownouts. And they might also bolster the efficiency of utilities’ internal processes, leading to reduced prices and improved service long after the pandemic ends.

Innowatts
Innowatts, a startup developing an automated toolkit for energy monitoring and management, counts several major U.S. utility companies among its customers, including Portland General Electric, Gexa Energy, Avangrid, Arizona Public Service Electric, WGL, and Mega Energy. Its eUtility platform ingests data from over 34 million smart energy meters across 21 million customers in more than 13 regional energy markets, while its machine learning algorithms analyze the data to forecast short- and long-term loads, variances, weather sensitivity, and more.

Beyond these table-stakes predictions, Innowatts helps evaluate the effects of different rate configurations by mapping utilities’ rate structures against disaggregated cost models. It also produces cost curves for each customer that reveal the margin impacts on the wider business, and it validates the yield of products and cost of customer acquisition with models that learn the relationships between marketing efforts and customer behaviors (like real-time load).

Innowwatts told VentureBeat that it observed “dramatic” shifts in energy usage between the first and fourth weeks of March. In the Northeast, “non-essential” retailers like salons, clothing shops, and dry cleaners were using only 35% as much energy toward the end of the month (after shelter-in-place orders were enacted) versus the beginning of the month, while restaurants (excepting pizza chains) were using only 28%. In Texas, conversely, storage facilities were using 142% as much energy in the fourth week compared with the first.

Innowatts says that throughout these usage surges and declines, its clients took advantage of AI-based load forecasting to learn from short-term shocks and make timely adjustments. Within three days of shelter-in-place orders, the company said, its forecasting models were able to learn new consumption patterns and produce accurate forecasts, accounting for real-time changes.

Innowatts CEO Sid Sachdeva believes that if utility companies had not leveraged machine learning models, demand forecasts in mid-March would have seen variances of 10-20%, significantly impacting operations.

“During these turbulent times, AI-based load forecasting gives energy providers the ability to … develop informed, data-driven strategies for future success,” Sachdeva told VentureBeat. “With utilities and energy retailers seeing a once-in-a-lifetime 30%-plus drop in commercial energy consumption, accurate forecasting has never been more important. Without AI tools, utilities would see their forecasts swing wildly, leading to inaccuracies of 20% or more, placing an enormous strain on their operations and ultimately driving up costs for businesses and consumers.”

Autogrid
Autogrid works with over 50 customers in 10 countries — including Energy Australia, Florida Power & Light, and Southern California Edison — to deliver AI-informed power usage insights. Its platform makes 10 million predictions every 10 minutes and optimizes over 50 megawatts of power, which is enough to supply the average suburb.

Flex, the company’s flagship product, predicts and controls tens of thousands of energy resources from millions of customers by ingesting, storing, and managing petabytes of data from trillions of endpoints. Using a combination of data science, machine learning, and network optimization algorithms, Flex models both physics and customer behavior, automatically anticipating and adjusting for supply and demand patterns through virtual power plants that coordinate distributed assets.

Autogrid also offers a fully managed solution for integrating and utilizing end-customer installations of grid batteries and microgrids. Like Flex, it automatically aggregates, forecasts, and optimizes capacity from assets at sub-stations and transformers, reacting to distribution management needs while providing capacity to avoid capital investments in system upgrades.

Autogrid CEO Dr. Amit Narayan told VentureBeat that the COVID-19 crisis has heavily shifted daily power distribution in California, where it’s having a “significant” downward impact on hourly prices in the energy market. He says that Autogrid has also heard from customers about transformer failures in some regions due to overloaded circuits, which he expects will become a problem in heavily residential and saturated load areas during the summer months (as utilities prepare for blackouts across the U.S. when air conditioning usage goes up).

“In California, [as you’ll recall], more than a million residents faced wildfire prevention-related outages in PG&E territory in 2019,” Narayan said, referring to the controversial planned outages orchestrated by Pacific Gas & Electric last summer. “The demand continues to be high in 2020 in spite of the COVID-19 crisis, as residents prepare to keep the lights on and brace for a similar situation this summer. If a 2019 repeat happens again, it will be even more devastating, given the health crisis and difficulty in buying groceries.”

AI making a difference
AI and machine learning isn’t a silver bullet for the power grid — even with predictive tools at their disposal, utilities are beholden to a tumultuous demand curve and to mounting climate risks across the grid. But providers say they see evidence the tools are already helping to prevent the worst of the pandemic’s effects — chiefly by enabling them to better adjust to shifted daily and weekly power load profiles.

“The societal impact [of the pandemic] will continue to be felt — people may continue working remotely instead of going into the office, they may alter their commute times to avoid rush hour crowds, or may look to alternative modes of transportation,” Schneider Electric chief innovation officer Emmanuel Lagarrigue told VentureBeat. “All of this will impact the daily load curve, and that is where AI and automation can help us with maintenance, performance, and diagnostics within our homes, buildings, and in the grid.”

 

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Europe's Thirst for Electricity Spurs Nordic Grid Blockade

Nordic Power Grid Dispute highlights cross-border interconnector congestion, curtailed exports and imports, hydropower priorities, winter demand spikes, rising spot prices, and transmission grid security amid decarbonization efforts across Sweden, Norway, Finland, and Denmark.

 

Key Points

A clash over interconnectors and capacity cuts reshaping trade, prices, and reliability in the Nordic power market.

✅ Sweden cuts interconnector capacity to protect grid stability

✅ Norway prioritizes higher-priced exports via new cables

✅ Finland and Denmark seek EU action on capacity curtailments

 

A spat over electricity supplies is heating up in northern Europe. Sweden is blocking Norway from using its grids to transfer power from producers throughout the region. That’s angered Norway, which in turn has cut flows to its Nordic neighbor.

The dispute has built up around the use of cross-border power cables, which are a key part of Europe’s plans to decarbonize since they give adjacent countries access to low-carbon resources such as wind or hydropower. The electricity flows to wherever prices are higher, informed by how electricity is priced across Europe, without interference from grid operators -- but in the event of a supply squeeze, flows can be stopped.

Sweden moved to safeguard the security of its grid after Norway started increasing electricity exports through huge new cables to Germany and the U.K. Those exports at times have drawn energy away from Sweden, resulting in the country’s system operator cutting capacity at its Nordic borders, preventing exports but also hindering imports, which it relies on to handle demand spikes during winter.

“This is not a good situation in the long run,” Christian Holtz, a energy market consultant for Merlin & Metis AB.

Norway hit back last week by cutting flows to Sweden, this will prioritize better paying customers in Europe, amid Irish price spikes that highlight dispatchable shortages, giving them access to its vast hydro resources at the expense of its Nordic neighbors. 

By partially closing its borders Sweden can’t access imports either, which it relies on to handle demand spikes during the coldest days of the winter. 

In Denmark, unusual summer and autumn winds have at times delivered extraordinarily low electricity prices that ripple through regional markets.

The Swedish grid manager Svenska Kraftnat has reduced export capacity at cables across its borders by as much as half this year to keep operations secure. Finland and Denmark rely on imports too and the cuts will come at a cost for millions of homes and industries across the four nations already contending with record electricity rates this year. 

Finland and Denmark want the European Union to end the exemption to regulations that make such reductions possible in the first place, as Europe is losing nuclear power and facing tighter supply.

“Imports from our neighboring countries ensure adequacy at times of peak consumption,” said Reima Paivinen, head of operation at the Finland’s Fingrid. “The recent surge in electricity prices throughout Europe does not directly affect the adequacy of electricity, but prices may rise dramatically for short periods.”

Svenska Kraftnat says it’s not political -- it has no choice but to cut capacity until its old grids are expanded to handle the new direction of flows, a challenge mirrored by grid expansion woes in Germany that slow integration. That could take at least until 2030 to complete, it said earlier this year. At the same time, Norway halving available export capacity to about 1,200 megawatts will increase risk of shortages. 

“If we need more we will have to count on imports from other countries,” said Erik Ek, head of strategic operation at Svenska Kraftnat. “If that is not available, we will have to disconnect users the day it gets cold.”

 

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Americans aren't just blocking our oil pipelines, now they're fighting Hydro-Quebec's clean power lines

Champlain Hudson Power Express connects Hydro-Québec hydropower to the New York grid via a 1.25 GW high voltage transmission line, enabling renewable energy imports, grid decarbonization, storage synergy, and reduced fossil fuel generation.

 

Key Points

A 1.25 GW cross-border transmission project delivering Hydro-Québec hydropower to New York City to displace fossil power.

✅ 1.25 GW buried HV line from Quebec to Astoria, Queens

✅ Supports renewable imports and grid decarbonization in NYC

✅ Enables two-way trade and reservoir storage synergy

 

Last week, Quebec Premier François Legault took to Twitter to celebrate after New York State authorities tentatively approved the first new transmission line in three decades, the Champlain Hudson Power Express, that would connect Quebec’s vast hydroelectric network to the northeastern U.S. grid.

“C’est une immense nouvelle pour l’environnement. De l’énergie fossile sera remplacée par de l’énergie renouvelable,” he tweeted, or translated to English: “This is huge news for the environment. Fossil fuels will be replaced by renewable energy.”

The proposed construction of a 1.25 gigawatt transmission line from southern Quebec to Astoria, Queens, known as the Champlain Hudson Power Express, ties into a longer term strategy by Hydro Québec: in the coming decade, as cities such as New York and Boston look to transition away from fossil fuel-generated electricity and decarbonize their grids, Hydro-Québec sees opportunities to supply them with energy from its vast network of 61 hydroelectric generating stations and other renewable power, as Quebec has closed the door on nuclear power in recent years.

Already, the provincial utility is one of North America’s largest energy producers, generating $2.3 billion in net income in 2020, and planning to increase hydropower capacity over the near term. Hydro-Quebec has said it intends to increase exports and had set a goal of reaching $5.2 billion in net income by 2030, though its forecasts are currently under review.

But just as oil and gas companies have encountered opposition to nearly every new pipeline, Hydro-Québec is finding resistance as it seeks to expand its pathways into major export markets, which are all in the U.S. northeast. Indeed, some fossil fuel companies that would be displaced by Hydro-Québec are fighting to block the construction of its new transmission lines.

“Linear projects — be it a transmission line or a pipeline or highway or whatever — there’s always a certain amount of public opposition,” Gary Sutherland, director of strategic affairs and stakeholder relations for Hydro-Québec, told the Financial Post, “which is a good thing because it makes the project developer ask the right questions.”

While Sutherland said he isn’t expecting opposition to the line into New York, he acknowledged Hydro-Québec also didn’t fully anticipate the opposition encountered with the New England Clean Energy Connect, a 1.2 gigawatt transmission line that would cost an estimated US$950 million and run from Quebec through Maine, eventually connecting to Massachusetts’ grid.

In Maine, natural gas and nuclear energy companies, which stand to lose market share, and also environmentalists, who oppose logging through sensitive habitat, both oppose the project.

In August, Maine’s highest court invalidated a lease for the land where the lines were slated to be built, throwing permits into question. Meanwhile, Calpine Corporation and Vistra Energy Corp., both Texas-based companies that operate natural gas plants in Maine, formed a political action committee called Mainers for Local Power. It has raised nearly US$8 million to fight the transmission line, according to filings with the Maine Ethics Commission.

Neither Calpine nor Vistra could be reached for comment by the time of publication.

“It’s been 30 years since we built a transmission line into the U.S. northeast,” said Sutherland. “In that time we have increased our exports significantly … but we haven’t been able to build out the corresponding transmission to get that energy from point A to point B.”

Indeed, since 2003, Hydro-Québec’s exports outside the province have grown from roughly two terrawatts per year to more than 30 terrawatts, including recent deals with NB Power to move more electricity into New Brunswick. The provincial utility produces around 210 terrawatts annually, but uses less than 178 terrawatts in Quebec.

Linear projects — be it a transmission line or a pipeline or highway or whatever — there’s always a certain amount of public opposition

In Massachusetts, it has signed contracts to supply 9.4 terrawatts annually — an amount roughly equivalent to 8 per cent of the New England region’s total consumption. Meanwhile, in New York, Hydro-Québec is in the final stages of negotiating a 25-year contract to sell 10.4 terawatts — about 20 per cent of New York City’s annual consumption.

In his tweets, Legault described the New York contract as being worth more than $20 billion over 25 years, although Hydro Québec declined to comment on the value because the contract is still under negotiation and needs approval by New York’s Public Services Commission — expected by mid-December.

Both regions are planning to build out solar and wind power to meet their growing clean energy needs and reach ambitious 2030 decarbonization targets. New York has legislated a goal of 70 per cent renewable power by that time, while Massachusetts has called for a 50 per cent reduction in emissions in the same period.

Hydro-Quebec signage is displayed on a manhole cover in Montreal. PHOTO BY BRENT LEWIN/BLOOMBERG FILES
According to a 2020 paper titled “Two Way Trade in Green Electrons,” written by three researchers at the Center for Energy and Environmental Policy Research at the Massachusetts’ Institute for Technology, Quebec’s hydropower, which like fossil fuels can be dispatched, will help cheaply and efficiently decarbonize these grids.

“Today transmission capacity is used to deliver energy south, from Quebec to the northeast,” the researchers wrote, adding, “…in a future low-carbon grid, it is economically optimal to use the transmission to send energy in both directions.”

That is, once new transmission lines and wind and solar power are built, New York and Massachusetts could send excess energy into Quebec where it could be stored in hydroelectric reservoirs until needed.

“This is the future of this northeast region, as New York state and New England are decarbonizing,” said Sutherland. “The only renewable energies they can put on the grid are intermittent, so they’re going to need this backup and right to the north of them, they’ve got Hydro-Québec as backup.”

Hydro-Québec already sells roughly 7 terrawatts of electricity per year into New York on the spot market, but Sutherland says it is constrained by transmission constraints that limit additional deliveries.

And because transmission lines can cost billions of dollars to build, he said Hydro-Québec needs the security of long-term contracts that ensure it will be paid back over time, aligning with its broader $185-billion transition strategy to reduce reliance on fossil fuels.

Sutherland expressed confidence that the Champlain Hudson Power Express project would be constructed by 2025. He noted its partners, Blackstone-backed Transmission Developers, have been working on the project for more than a decade, and have already won support from labour unions, some environmental groups and industry.

The project calls for a barge to move through Lake Champlain and the Hudson River, and dig a trench while unspooling and burying two high voltage cables, each about 10-12 centimetres in diameter. In certain sections of the Hudson River, known to have high concentrations of PCP pollutants, the cable would be buried underground alongside the river.

 

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Maritime Link sends first electricity between Newfoundland, Nova Scotia

Maritime Link HVDC Transmission connects Newfoundland and Nova Scotia to the North American grid, enabling renewable energy imports, subsea cable interconnection, Muskrat Falls hydro power delivery, and lower carbon emissions across Atlantic Canada.

 

Key Points

A 500 MW HVDC intertie linking Newfoundland and Nova Scotia to deliver Muskrat Falls hydro power.

✅ 500 MW capacity using twin 170 km subsea HVDC cables

✅ Interconnects Newfoundland and Nova Scotia to the North American grid

✅ Enables Muskrat Falls hydro imports, cutting CO2 and costs

 

For the first time, electricity has been sent between Newfoundland and Nova Scotia through the new Maritime Link.

The 500-megawatt transmission line — which connects Newfoundland to the North American energy grid for the first time and echoes projects like the New England Clean Power Link underway — was tested Friday.

"This changes not only the energy options for Newfoundland and Labrador but also for Nova Scotia and Atlantic Canada," said Rick Janega, the CEO of Emera Newfoundland and Labrador, which owns the link.

"It's an historic event in our eyes, one that transforms the electricity system in our region forever."

 

'On time and on budget'

It will eventually carry power from the Muskrat Falls hydro project in Labrador, where construction is running two years behind schedule and $4 billion over budget, a context in which the Manitoba Hydro line to Minnesota has also faced delay, to Nova Scotia consumers. It was supposed to start producing power later this year, but the new deadline is 2020 at the earliest.

The project includes two 170-kilometre subsea cables across the Cabot Strait between Cape Ray in southwestern Newfoundland and Point Aconi in Cape Breton.

The two cables, each the width of a two-litre pop bottle, can carry 250 megawatts of high voltage direct current, and rest on the ocean floor at depths up to 470 metres.

This reel of cable arrived in St. John's back in April aboard the Norwegian vessel Nexans Skagerrak, after the first power cable reached Nova Scotia earlier in the project. (Submitted by Emera NL)

The Maritime Link also includes almost 50 kilometres of overland transmission in Nova Scotia and more than 300 kilometres of overland transmission in Newfoundland, paralleling milestones on Site C transmission work in British Columbia.

The link won't go into commercial operation until January 1.

Janega said the $1.6-billion project is on time and on budget.

"We're very pleased to be in a position to be able to say that after seven years of working on this. It's quite an accomplishment," he said.

This Norwegian vessel was used to transport the 5,500 tonne subsea cable. (Submitted by Emera NL)

Once in service, the link will improve electrical interconnections between the Atlantic provinces, aligning with climate adaptation guidance for Canadian utilities.

"For Nova Scotia it will allow it to achieve its 40 per cent renewable energy target in 2020. For Newfoundland it will allow them to shut off the Holyrood generating station, in fact using the Maritime Link in advance of the balance of the project coming into service," Janega said.

Karen Hutt, president and CEO of Nova Scotia Power, which is owned by Emera Inc., calls it a great day for Nova Scotia.

"When it goes into operation in January, the Maritime Link will benefit Nova Scotia Power customers by creating a more stable and secure system, helping reduce carbon emissions, and enabling NSP to purchase power from new sources," Hutt said in a statement.

 

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Rolls-Royce expecting UK approval for mini nuclear reactor by mid-2024

Rolls-Royce SMR UK Approval underscores nuclear innovation as regulators review a 470 MW factory-built modular reactor, aiming for grid power by 2029 to boost energy security, cut fossil fuels, and accelerate decarbonization.

 

Key Points

UK regulatory clearance for Rolls-Royce's 470 MW modular reactor, targeting grid power by 2029 to support clean energy.

✅ UK design approval expected by mid 2024

✅ First 470 MW unit aims for grid power by 2029

✅ Modular, factory-built; est. £1.8b per 10-acre site

 

A Rolls-Royce (RR.L) design for a small modular nuclear reactor (SMR) will likely receive UK regulatory approval by mid-2024, reflecting progress seen in the US NRC safety evaluation for NuScale as a regulatory benchmark, and be able to produce grid power by 2029, Paul Stein, chairman of Rolls-Royce Small Modular Reactors.

The British government asked its nuclear regulator to start the approval process in March, in line with the UK's green industrial revolution agenda, having backed Rolls-Royce’s $546 million funding round in November to develop the country’s first SMR reactor.

Policymakers hope SMRs will help cut dependence on fossil fuels and lower carbon emissions, as projects like Ontario's first SMR move ahead in Canada, showing momentum.

Speaking to Reuters in an interview conducted virtually, Stein said the regulatory “process has been kicked off, amid broader moves such as a Canadian SMR initiative to coordinate development, and will likely be complete in the middle of 2024.

“We are trying to work with the UK Government, and others to get going now placing orders, echoing expansions like Darlington SMR plans in Ontario, so we can get power on grid by 2029.”

In the meantime, Rolls-Royce will start manufacturing parts of the design that are most unlikely to change, while advancing partnerships like a MoU with Exelon to support deployment, Stein added.

Each 470 megawatt (MW) SMR unit costs 1.8 billion pounds ($2.34 billion) and would be built on a 10-acre site, the size of around 10 football fields, though projects in New Brunswick SMR debate have prompted questions about costs and timelines.

Unlike traditional reactors, SMRs are cheaper and quicker to build and can also be deployed on ships and aircraft. Their “modular” format means they can be shipped by container from the factory and installed relatively quickly on any proposed site.

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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