Judge upholds key passages of Measure BÂ’s ballot argument

Energy Vault Gravity Storage uses crane-stacked concrete blocks to deliver long-duration, grid-scale renewable energy; a SoftBank Vision Fund-backed, pumped-hydro analog enabling baseload power and a lithium-ion alternative with proprietary control algorithms.

Key Points

Gravity-based cranes stack blocks to store and dispatch power for hours, enabling grid-scale, low-cost storage.

✅ 4 MW/35 MWh modules; ~9-hour duration

✅ Estimated $200-$250/kWh; lower LCOE than lithium-ion

✅ Backed by SoftBank Vision Fund; Cemex and Tata support

Energy Vault, the Swiss-U.S. startup that says it can store and discharge electrical energy through a super-sized concrete-and-steel version of a child’s erector set, has landed a $110 million investment from Japan’s SoftBank Vision Fund to take its technology to commercial scale.

Energy Vault, a spinout of Pasadena-based incubator Idealab and co-founded by Idealab CEO and billionaire investor Bill Gross, unstealthed in November with its novel approach to using gravity to store energy.

Simply put, Energy Vault plans to build storage plants — dubbed “Evies” — consisting of a 35-story crane with six arms, surrounded by a tower consisting of thousands of concrete bricks, each weighing about 35 tons.

This plant will “store” energy by using electricity to run the cranes that lift bricks from the ground and stack them atop of the tower, and “discharge” energy by reversing that process. It’s a mechanical twist on the world’s most common energy storage technology, pumped hydro, which “stores” energy by pumping water uphill, and lets it fall to spin turbines when electricity is needed, even as California funds 100-hour long-duration storage pilots to expand flexibility worldwide.

But behind this simplicity lies some heavy-duty software to orchestrate the cranes and blocks, with a "unique stack of proprietary algorithms" to balance energy supply and demand, volatility, grid stability, weather elements and other variables.

CEO and co-founder Robert Piconi said in a November interview with GTM that the standard array would deliver 4 megawatts/35 megawatt-hours of storage, which translates to nearly 9 hours of duration — the equivalent of building the tower to its height, and then reducing it to ground level. It can be built on-site in partnership with crane manufacturers and recycled concrete material, and can run fully automated for decades with little deterioration, he said.

And the cost, which Piconi pegged in the $200 to $250 per kilowatt-hour range, with room to decline further, is roughly 50 percent below the upfront price of the conventional storage market today, and 80 percent below it on levelized cost, he said, a trend utilities see benefits in as they plan resources.

The result, according to Wednesday’s statement, is a technology that could allow “renewables to deliver baseload power for less than the cost of fossil fuels 24 hours a day,” in applications such as community microgrids serving low-income housing.

Wednesday’s announcement builds on a recent investment from Mexico's Cemex Ventures, the corporate venture capital unit of building materials giant Cemex, along with a promise of deployment support from Cemex's strategic network, and also follows project financing for a California green hydrogen microgrid led by the company. Piconi said in November that the company had sufficient investment from two funding rounds to carry it through initial customer deployments, though he declined to disclose figures.

This is the first energy storage investment for Vision Fund, the $100 billion venture fund set up by SoftBank founder Masayoshi Son. While large by startup standards, it’s in keeping with the capital costs that Energy Vault will face in scaling up its technology to meet its commitments, amid mounting demand in regions like Ontario energy storage that face supply crunches. Those include a 35 megawatt-hour order with Tata Power Company, the energy-producing arm of the Indian industrial conglomerate, first unveiled in November, as well as plans to demonstrate its first storage tower in northern Italy in 2019.

For Vision Fund, it’s also an unusual choice for a storage investment, given that the vast majority of venture capital in the industry today is being directed toward lithium-ion batteries, and even Mercedes-Benz energy storage ventures targeting the U.S. market. Lithium-ion batteries are limited in terms of how many hours they can provide cost-effectively, with about 4 hours being seen as the limit today.

The search for long-duration energy storage has driven investment into flow battery technologies such as grid-scale vanadium systems deployed on utility networks, compressed-air energy storage and variations on gravity-based storage, including a previous startup backed by Gross and Idealab, Energy Cache, whose idea of using a ski lift carrying buckets of gravel up a hill to store energy petered out with a 50-kilowatt pilot project.

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India Nuclear Generation Shortfall highlights missed five-year plan targets due to uranium fuel scarcity, commissioning delays at Kudankulam, PFBR slippage, and PHWR equipment bottlenecks under IAEA safeguards and domestic supply constraints.

Key Points

A gap between planned and actual nuclear output due to fuel shortages, reactor delays, and first-of-a-kind hurdles.

✅ Fuel scarcity pre-2009-10 constrained unsafeguarded reactors.

✅ Kudankulam delays from protests, litigation, and remobilisation.

✅ FOAK PHWR equipment bottlenecks and PFBR slippage.

A lack of available domestically produced nuclear fuel and delays in constructing and commissioning nuclear power plants, including first-of-a-kind plants and the Prototype Fast Breeder Reactor (PFBR), meant that India failed to meet its nuclear generation targets under the governmental plans over the decade to 2017, even as global project milestones were being recorded elsewhere.

India's nuclear generation target under its 11th five-year plan, covering the period 2007-2012, was 163,395 million units (MUs) and the 12th five-year Plan (2012-17) was 241,748 MUs, Minister of state for the Department of Atomic Energy and the Prime Minister's Office Jitendra Singh told parliament on 6 February. Actual nuclear generation in those periods was 109,642 MUs and 183,488 MUs respectively, Singh said in a written answer to questions in the Lok Sabah.

Singh attributed the shortfall in generation to a lack of availability of the necessary quantities of domestically produced fuel during the three years before 2009-2010; delays to the commissioning of two 1000 MWe nuclear power plants at Kudankulam due to local protests and legal challenges; and delays in the completion of two indigenously designed pressurised heavy water reactors and the PFBR.

Kudankulam 1 and 2 are VVER-1000 pressurised water reactors (PWRs) supplied by Russia's Atomstroyexport under a Russian-financed contract. The units were built by Nuclear Power Corporation of India Ltd (NPCIL) and were commissioned and are operated by NPCIL under International Atomic Energy Agency (IAEA) safeguards, with supervision from Russian specialists, while China's nuclear program advanced on a steady development track in the same period. Construction of the units - the first PWRs to enter operation in India - began in 2002.

Singh said local protests resulted in the halt of commissioning work at Kudankulam for nine months from September 2011 to March 2012, when he said project commissioning had been at its peak. As a consequence, additional time was needed to remobilise the workforce and contractors, he said. Litigation by anti-nuclear groups, and compliance with supreme court directives, impacted commissioning in 2013, he said. Unit 1 entered commercial operation in December 2014 and unit 2 in April 2017.

Delays in the manufacture and supply by domestic industry of critical equipment for first-of-a-kind 700 MWe pressurised heavy water reactors -  Kakrapar units 3 and 4, and Rajasthan units 7 and 8 - has led to delays in the completion of those units, the minister said, as well as noting the delay in completion of the PFBR, which is being built at Kalpakkam by Bhavini. In answer to a separate question, Singh said the PFBR is in an "advance stage of integrated commissioning" and is "expected to approach first criticality by the year 2020."

Eight of India's operating nuclear power plants are not under IAEA safeguards and can therefore only use indigenously-sourced uranium. The other 14 units operate under IAEA safeguards and can use imported uranium. The Indian government has taken several measures to secure fuel supplies for reactors in operation and under construction, amid coal supply rationing pressures elsewhere in the power sector, concluding fuel supply contracts with several countries for existing and future reactors under IAEA Safeguards and by "augmentation" of fuel supplies from domestic sources, Singh said.

Kakrapar 3 and 4, with Kakrapar 3 criticality already reported, and Rajasthan 7 and 8 are all currently expected to enter service in 2022, according to World Nuclear Association information.

Joint venture discussions

In February 2016 the government amended the Atomic Energy Act to allow NPCIL to form joint venture companies with other public sector undertakings (PSUs) for involvement in nuclear power generation and possibly other aspects of the fuel cycle, reflecting green industrial strategies shaping future reactor waves globally. In answer to another question, Singh confirmed that NPCIL has entered into joint ventures with NTPC Limited (National Thermal Power Corporation, India's largest power company) and Indian Oil Corporation Limited. Two joint venture companies - Anushakti Vidhyut Nigam Limited and NPCIL-Indian Oil Nuclear Energy Corporation Limited - have been incorporated, and discussions on possible projects to be set up by the joint venture companies are in progress.

An exploratory discussion had also been held with Oil & Natural Gas Corporation, Singh said. Indian Railways - which has in the past been identified as a potential joint venture partner for NPCIL - had "conveyed that they were not contemplating entering into an MoU for setting up of nuclear power plants," Singh said.

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India Industrial Output Slowdown deepens as power demand slumps, IIP contracts, and electricity, manufacturing, and mining weaken; capital goods plunge while RBI rate cuts struggle to lift GDP growth, infrastructure, and fuel demand.

Key Points

A downturn where IIP contracts as power demand, manufacturing, mining, and capital goods fall despite RBI rate cuts.

✅ IIP fell 4.3% in Sep, worst since Feb 2013.

✅ Power demand dropped for a third month, signaling weak industry.

✅ Capital goods output plunged 20.7%, highlighting weak investment.

India's power demand fell at the fastest pace in at least 12 years in October, signalling a continued decline in the industrial output, mirroring how China's power demand dropped when plants were shuttered, according to government data. Electricity has about 8% weighting in the country's index for industrial production.

India needs electricity to fuel its expanding economy and has at times rationed coal supplies when demand surged, but a third decline in power consumption in as many months points to tapering industrial activity in a nation that aims to become a $5 trillion economy by 2024.

India's industrial output fell at the fastest pace in over six years in September, adding to a series of weak indicators that suggests that the country’s economic slowdown is deep-rooted and interest rate cuts alone may not be enough to revive growth.

Annual industrial output contracted 4.3% in September, government data showed on Monday. It was the worst performance since a 4.4% contraction in February 2013, according to Refinitiv data.

Analysts polled by Reuters had forecast industrial output to fall 2% for the month.

“A contraction of industrial production by 4.3% in September is serious and indicative of a significant slowdown as both investment and consumption demand have collapsed,” said Rupa Rege Nitsure, chief economist of L&T Finance Holdings.

The industrial output figure is the latest in a series of worrying economic data in Asia's third largest economy, which is also the world's third-largest electricity producer as well.

Economists say that weak series of data could mean economic growth for July-September period will remain near April-June quarter levels of 5%, which was a six-year low, and some analysts argue for rewiring India's electricity to bolster productivity. The Indian government is likely to release April-September economic growth figures by the end of this month.

Subdued inflation and an economic slowdown have prompted the Reserve Bank of India (RBI) to cut interest rates by a total of 135 basis points this year, while coal and electricity shortages eased in recent months.

“These are tough times for the RBI, as it cannot do much about it but there will be pressures on it to act ...Blunt tools like monetary policy may not be effective anymore,” Nitsure said.

Data showed in September mining sector fell 8.5%, while manufacturing and electricity fell 3.9% and 2.6% respectively, even as imported coal volumes rose during April-October. Capital goods output during the month fell 20.7%, indicating sluggish demand.

“IIP (Index of Industrial Production) growth in October 2019 is also likely to be in negative territory and only since November 2019 one can expect mild IIP expansion, said Devendra Kumar Pant, Chief Economist and Senior Director, Public Finance, India Ratings & Research (Fitch Group).

Infrastructure output, which comprises eight main sectors, in September showed a contraction of 5.2%, the worst in 14 years, even as global daily electricity demand fell about 15% during pandemic lockdowns.

India's fuel demand fell to its lowest in more than two years in September, with consumption of diesel to its lowest levels since January 2017. Diesel and gasoline together make up over 7.4% of the IIP weightage.

In 2019/20 India's fuel demand — also seen as an indicator of economic and industrial activity — is expected to post the slowest growth in about six years.

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EU Gas Price Cap Strategies aim to curb inflation during an energy crisis by capping wholesale gas and electricity generation costs, balancing supply and demand, mitigating subsidies, and safeguarding supply security amid Russia-Ukraine shocks.

Key Points

Temporary EU measures to cap gas and power prices, curb inflation, manage demand, and protect supply security.

✅ Flexible temporary price limits to secure gas supplies

✅ Framework cap on gas for electricity generation with demand checks

✅ Risk: subsidies, higher demand, and market distortions

The European Commission has outlined possible strategies to cap gas prices as the bloc faces a looming energy crisis this winter. 

Member states are divided over the emergency measures designed to pull down soaring inflation amid Russia's war in Ukraine. 

One proposal is a temporary "flexible" limit on gas prices to ensure that Europe can continue to secure enough gas, EU energy commissioner Kadri Simson said on Tuesday. 

Another option could be an EU-wide "framework" for a price cap on gas used to generate electricity, which would be combined with measures to ensure gas demand does not rise as a result, she said.

EU leaders are meeting on Friday to debate gas price cap strategies amid warnings that Europe's energy nightmare could worsen this winter.

Last week, France, Italy, Poland and 12 other EU countries urged the Commission to propose a broader price cap targeting all wholesale gas trade. 

But Germany -- Europe's biggest gas buyer -- and the Netherlands are among those opposing electricity market reforms within the bloc.

Russia has slashed gas deliveries to Europe since its February invasion of Ukraine, with Moscow blaming the cuts on Western sanctions imposed in response to the invasion, as the EU advances a plan to dump Russian energy across the bloc.

Since then, the EU has agreed on emergency laws to fill gas storage and windfall profit levies to raise money to help consumers with bills. 

Price cap critics
One energy analyst told Euronews that an energy price cap was an "unchartered territory" for the European Union. 

The EU's energy sector is largely liberalised and operates under the fundamental rules of supply and demand, making rolling back electricity prices complex in practice.

"My impression is that member states are looking at prices and quantities in isolation and that's difficult because of economics," said Elisabetta Cornago, a senior energy researcher at the Centre for European Reform.

"It's hard to picture such a level of market intervention This is uncharted territory."

The energy price cap would "quickly start costing billions" because it would force governments to continually subsidise the difference between the real market price and the artificially capped price, another expert said. 

"If you are successful and prices are low and you still get gas, consumers will increase their demand: low price means high demand. Especially now that winter is coming," said Bram Claeys, a senior advisor at the Regulatory Assistance Project. 

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Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

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Bitcoin Energy Consumption drives debate on blockchain mining, proof-of-work, carbon footprint, and emissions, with CCAF estimates in terawatt hours highlighting electricity demand, fossil fuel reliance, and sustainability concerns for data centers and cryptocurrency networks.

Key Points

Electricity used by Bitcoin proof-of-work mining, often fossil-fueled, estimated by CCAF in terawatt hours.

✅ CCAF: 40-445 TWh, central estimate ~130 TWh

✅ ~66% of mining electricity sourced from fossil fuels

✅ Proof-of-work increases hash rate, energy, and emissions

The University of Cambridge Centre for Alternative Finance (CCAF) studies the burgeoning business of cryptocurrencies.

It calculates that Bitcoin's total energy consumption is somewhere between 40 and 445 annualised terawatt hours (TWh), with a central estimate of about 130 terawatt hours.

The UK's electricity consumption is a little over 300 TWh a year, while Argentina uses around the same amount of power as the CCAF's best guess for Bitcoin, as countries like New Zealand's electricity future are debated to balance demand.

And the electricity the Bitcoin miners use overwhelmingly comes from polluting sources, with the U.S. grid not 100% renewable underscoring broader energy mix challenges worldwide.

The CCAF team surveys the people who manage the Bitcoin network around the world on their energy use and found that about two-thirds of it is from fossil fuels, and some regions are weighing curbs like Russia's proposed mining ban amid electricity deficits.

Huge computing power - and therefore energy use - is built into the way the blockchain technology that underpins the cryptocurrency has been designed.

It relies on a vast decentralised network of computers.

These are the so-called Bitcoin "miners" who enable new Bitcoins to be created, but also independently verify and record every transaction made in the currency.

In fact, the Bitcoins are the reward miners get for maintaining this record accurately.

It works like a lottery that runs every 10 minutes, explains Gina Pieters, an economics professor at the University of Chicago and a research fellow with the CCAF team.

Data processing centres around the world, including hotspots such as Iceland's mining strain, race to compile and submit this record of transactions in a way that is acceptable to the system.

They also have to guess a random number.

The first to submit the record and the correct number wins the prize - this becomes the next block in the blockchain.

Estimates for bitcoin's electricity consumption
At the moment, they are rewarded with six-and-a-quarter Bitcoins, valued at about $50,000 each.

As soon as one lottery is over, a new number is generated, and the whole process starts again.

The higher the price, says Prof Pieters, the more miners want to get into the game, and utilities like BC Hydro suspending new crypto connections highlight grid pressures.

"They want to get that revenue," she tells me, "and that's what's going to encourage them to introduce more and more powerful machines in order to guess this random number, and therefore you will see an increase in energy consumption," she says.

And there is another factor that drives Bitcoin's increasing energy consumption.

The software ensures it always takes 10 minutes for the puzzle to be solved, so if the number of miners is increasing, the puzzle gets harder and the more computing power needs to be thrown at it.

Bitcoin is therefore actually designed to encourage increased computing effort.

The idea is that the more computers that compete to maintain the blockchain, the safer it becomes, because anyone who might want to try and undermine the currency must control and operate at least as much computing power as the rest of the miners put together.

What this means is that, as Bitcoin gets more valuable, the computing effort expended on creating and maintaining it - and therefore the energy consumed - inevitably increases.

We can track how much effort miners are making to create the currency.

They are currently reckoned to be making 160 quintillion calculations every second - that's 160,000,000,000,000,000,000, in case you were wondering.

And this vast computational effort is the cryptocurrency's Achilles heel, says Alex de Vries, the founder of the Digiconomist website and an expert on Bitcoin.

All the millions of trillions of calculations it takes to keep the system running aren't really doing any useful work.

"They're computations that serve no other purpose," says de Vries, "they're just immediately discarded again. Right now we're using a whole lot of energy to produce those calculations, but also the majority of that is sourced from fossil energy, and clean energy's 'dirty secret' complicates substitution."

The vast effort it requires also makes Bitcoin inherently difficult to scale, he argues.

"If Bitcoin were to be adopted as a global reserve currency," he speculates, "the Bitcoin price will probably be in the millions, and those miners will have more money than the entire [US] Federal budget to spend on electricity."

"We'd have to double our global energy production," he says with a laugh, even as some argue cheap abundant electricity is getting closer to reality today. "For Bitcoin."

He says it also limits the number of transactions the system can process to about five per second.

This doesn't make for a useful currency, he argues.

Rising price of bitcoin graphic
And that view is echoed by many eminent figures in finance and economics.

The two essential features of a successful currency are that it is an effective form of exchange and a stable store of value, says Ken Rogoff, a professor of economics at Harvard University in Cambridge, Massachusetts, and a former chief economist at the International Monetary Fund (IMF).

He says Bitcoin is neither.

"The fact is, it's not really used much in the legal economy now. Yes, one rich person sells it to another, but that's not a final use. And without that it really doesn't have a long-term future."

What he is saying is that Bitcoin exists almost exclusively as a vehicle for speculation.

So, I want to know: is the bubble about to burst?

"That's my guess," says Prof Rogoff and pauses.

"But I really couldn't tell you when."

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