Texas again attempts to block EPA rules

By Reuters


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Texas filed a fresh motion in federal appeals court to block the Obama Administration's attempts to regulate greenhouse gas emissions in the state, one day after another federal court rejected the state's petitions.

At issue is the state's lawsuit against the U.S. Environmental Protection Agency to prevent the agency from forcing it to issue greenhouse gas permits for its biggest polluters when national carbon rules take effect in January.

Until there is a ruling on the case, Texas asked the U.S. Fifth Circuit Court of Appeals in New Orleans to block the EPA's mandate that the state expand its pollution regulations to include greenhouse gases.

The Fifth Circuit court denied that request.

On December 30, EPA published in the Federal Register details of its proposed permit rules for Texas that were to go into effect on January 2.

Texas officials then filed a fresh petition to block the regulations in the U.S. Court of Appeals for the District of Columbia, which generally has authority over federal agencies.

The petition argues that EPA's creation of the new rules is an "improper overreach" that violates the federal Clean Air Act, which it said "declares pollution prevention to be 'the primary responsibility of States and local governments,' and not the federal government."

Texas Attorney General Greg Abbott said the state was determined to fight the EPA's intentions, saying that Congress had rejected such carbon rules but the EPA was now trying to legislate them itself through administrative rules.

"Texas law does not currently deem greenhouse gases to be pollutants," Abbott said. "Once again, the federal government is overreaching, and improperly intruding upon the state of Texas and its legal rights."

Backed by a 2007 U.S. Supreme Court decision, the EPA issued a finding last year that carbon dioxide and other greenhouse gases endanger human health and welfare.

Since then the agency has moved forward with developing rules under the Clean Air Act to limit emissions blamed for climate change. Beginning January 2, EPA requires large emitters such as power plants, refineries and cement makers to obtain permits for polluting greenhouse gases.

EPA also said it will issue permits for Texas, which has refused to adopt rules for emissions. Opponents of the climate rules say they will hurt the economy and kill jobs.

Earlier this year, Abbott said, EPA indicated it would give states one year to implement new greenhouse gas limits before taking control of permits.

"Today, the EPA said that, rather than giving Texas even a year, it would unilaterally take over the state's air permitting responsibilities on January 2, 2011," Abbott said.

The petition asks the appeals court to step in immediately and halt the EPA's "exercise in administrative fiat."

The Texas petition was filed on behalf of various state agencies including those overseeing oil and gas, agriculture, utilities and land use.

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Warren Buffett’s Secret To Cheap Electricity: Wind

Berkshire Hathaway Energy Wind Power drives cheap electricity rates in Iowa via utility-scale wind turbines, integrated transmission, battery storage, and grid management, delivering renewable energy, stable pricing, and long-term rate freezes through 2028.

 

Key Points

A vertically integrated wind utility lowering Iowa rates via owned generation, transmission, and advanced grid control.

✅ Owned wind assets meet Iowa residential demand

✅ Integrated transmission lowers costs and losses

✅ Rate freeze through 2028 sustains cheap power

 

In his latest letter to Berkshire Hathaway shareholders, Warren Buffett used the 20th anniversary of Berkshire Hathaway Energy to tout its cheap electricity bills for customers.

When Berkshire purchased the majority share of BHE in 2000, the cost of electricity for its residential customers in Iowa was 8.8 cents per kilowatt-hour (kWh) on average. Since then, these electricity rates have risen at a paltry <1% per year, with a freeze on rate hikes through 2028. As anyone who pays an electricity bill knows, that is an incredible deal.  

As Buffett himself notes with alacrity, “Last year, the rates [BHE’s competitor in Iowa] charged its residential customers were 61% higher than BHE’s. Recently, that utility received a rate increase that will widen the gap to 70%.”

 

The Winning Strategy

So, what’s Buffett’s secret to cheap electricity? Wind power.

“The extraordinary differential between our rates and theirs is largely the result of our huge accomplishments in converting wind into electricity,” Buffett explains. 

Wind turbines in Iowa that BHE owns and operates are expected to generate about 25.2 million megawatt-hours (MWh) of electricity for its customers, as projects like Building Energy operations begin to contribute. By Buffett’s estimations, that will be enough to power all of its residential customers’ electricity needs in Iowa.  


The company has plans to increase its renewable energy generation in other regions as well. This year, BHE Canada is expected to start construction on a 117.6MW wind farm in Alberta, Canada with its partner, Renewable Energy Systems, that will provide electricity to 79,000 homes in Canada’s oil country.

Observers note that Alberta is a powerhouse for both green energy and fossil fuels, underscoring the region's unique transition.

But I would argue that the secret to BHE’s success perhaps goes deeper than transitioning to sources of renewable energy. There are plenty of other utility companies that have adopted wind and solar power as an energy source. In the U.S., where renewable electricity surpassed coal in 2022, at least 50% of electricity customers have the option to buy renewable electricity from their power supplier, according to the Department of Energy. And some states, such as New York, have gone so far as to allow customers to pick from providers who generate their electricity.

What differentiates BHE from a lot of the competition in the utility space is that it owns the means to generate, store, transmit and supply renewable power to its customers across the U.S., U.K. and Canada, with lessons from the U.K. about wind power informing policy.

In its financial filings for 2019, the company reported that it owns 33,600MW of generation capacity and has 33,400 miles of transmission lines, as well as a 50% interest in Electric Transmission Texas (ETT) that has approximately 1,200 miles of transmission lines. This scale and integration enables BHE to be efficient in the distribution and sale of electricity, including selling renewable energy across regions.

BHE is certainly not alone in building renewable-energy fueled electricity dominions. Its largest competitor, NextEra, built 15GW of wind capacity and has started to expand its utility-scale solar installations. Duke Energy owns and operates 2,900 MW of renewable energy, including wind and solar. Exelon operates 40 wind turbine sites across the U.S. that generate 1,500 MW.

 

Integrated Utilities Power Ahead

It’s easy to see why utility companies see wind as a competitive source of electricity compared to fossil fuels. As I explained in my previous post, Trump’s Wrong About Wind, the cost of building and generating wind energy have fallen significantly over the past decade. Meanwhile, improvements in battery storage and power management through new technological advancements have made it more reliable (Warren Buffett bet on that one too).

But what is also striking is that integrated power and transmission enables these utility companies to make those decisions; both in terms of sourcing power from renewable energy, as well as the pricing of the final product. Until wind and solar power are widespread, these utility companies are going to have an edge of the more fragmented ends of the industry who can’t make these purchasing or pricing decisions independently. 

Warren Buffett very rarely misses a beat. He’s not the Oracle of Omaha for nothing. Berkshire Hathaway’s ownership of BHE has been immensely profitable for its shareholders. In the year ended December 31, 2019, BHE and its subsidiaries reported net income attributable to BHE shareholders of $2.95 billion.

There’s no question that renewable energy will transform the utility industry over the next decade. That change will be led by the likes of BHE, who have the power to invest, control and manage their own energy generation assets.

 

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China to build 2,000-MW Lawa hydropower station on Jinsha River

Lawa Hydropower Station approved on the Jinsha River, a Yangtze tributary, delivers 2,000 MW via four units; 784 ft dam, 12 sq mi reservoir, Sichuan-Tibet site, US$4.59b investment, Huadian stake, renewable energy generation.

 

Key Points

A 2,000 MW dam project on the Jinsha River with four units, a 784 ft barrier, and 8.36 billion kWh annual output.

✅ Sichuan-Tibet junction on the Jinsha River

✅ 2,000 MW capacity; four turbine-generator units

✅ 8.36 bn kWh/yr; US$4.59b total; Huadian 48% stake

 

China has approved construction of the 2,000-MW Lawa hydropower station, a Yangtze tributary hydropower project on the Jinsha River, multiple news agencies are reporting.

Lawa, at the junction of Sichuan province and the Tibet autonomous region, will feature a 784-foot-high dam and the reservoir will submerge about 12 square miles of land. The Jinsha River is a tributary of the Yangtze River, and the project aligns with green hydrogen development in China.

The National Development and Reform Commission of the People’s Republic of China, which also guides China's nuclear energy development as part of national planning, is reported to have said that four turbine-generator units will be installed, and the project is expected to produce about 8.36 billion kWh of electricity annually.

Total investment in the project is to be US$4.59 billion, and Huadian Group Co. Ltd. will have a 48% stake in the project, reflecting overseas power infrastructure activity, with minority stakes held by provincial firms, according to China Daily.

In other recent news in China, Andritz received an order in December 2018 to supply four 350-MW reversible pump-turbines and motor-generators, alongside progress in compressed air generation technologies, for the 1,400-MW ZhenAn pumped storage plant in Shaanxi province.

 

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Ontario faces growing electricity supply gap, study finds

Ontario Electricity Capacity Gap threatens reliability as IESO forecasts shortfalls from the Pickering shutdown and rapid electrification, requiring new low-emission nuclear generation to meet net-zero targets, maintain baseload, and stabilize the grid.

 

Key Points

Expected 2030 shortfalls from Pickering closure and electrification, requiring new low-emission nuclear to meet net-zero.

✅ IESO projects a 3.6-9.5 GW capacity gap by 2030

✅ Pickering shutdown removes baseload, stressing reliability

✅ New low-emission nuclear needed to meet net-zero targets

 

Ontario faces an electricity supply shortage and reliability risks in the next four to eight years and will not meet net-zero objectives without building new low-emission, nuclear generation starting as soon as possible, according to a report released yesterday by the Power Workers' Union (PWU). The capacity needed to fill the expected supply gap will be equivalent to doubling the province's planned nuclear fleet in eight years.

The planned closure of the Pickering nuclear power plant in 2025 and the increase in demand from electrification of the economy are the drivers behind a capacity gap in 2030 of at least 3.6 GW which could widen to as much as 9.5 GW, Electrification Pathways for Ontario to Reduce Emissions, finds. Ontario's Independent Electricity System Operator (IESO) has since 2013 been forecasting a significant gap in the province's electricity supply due the closure of Pickering, but has been underestimating the impact of electrification, the report says.

In addition, the electrification of buildings, transport and industry sectors that will be needed to achieve goals of net-zero emissions by 2050 that being set by the federal government and civil society will see the province's electricity demand increase by at least 130% over current planning forecasts, and potentially by over 190%. Leveraging electricity, natural gas and hydrogen synergies can reduce supply needs, but 55 GW of new electricity capacity, including new large-scale nuclear plants, will still be needed by 2050 - four times Ontario's current nuclear and hydro assets - the report finds.

These findings underscore the urgent need for a paradigm shift in Ontario's electricity planning and procurement process, the authors say, adding that immediate action is needed both to mitigate the system reliability risks and enable the significant societal benefits needed to pursue net-zero objectives. Planning for procurement to replace Pickering's capacity, or to pursue life extension options, must begin as soon as possible.

"Policymakers around the world realise climate change can't be tackled without nuclear. Ontario's nuclear fleet has delivered emissions reductions for over 50 years," PWU President Jeff Parnell said. "In fact, without building new nuclear units, Ontario will miss its emission reduction targets and carbon emissions from electricity generation will rise dramatically, as explored in why Ontario's power could get dirtier today."

"This report clearly shows that Ontario cannot sustain the low-carbon status of its hydro and nuclear-based electricity system, decarbonise its economy and meet its carbon reduction targets without new nuclear or continued operation at Pickering in the near term. Most disturbing is the fact that we are already well behind and needed to start planning for this capacity yesterday," he said.

The six operating Candu reactors at Ontario Power Generation's Pickering plant have been kept in operation to provide baseload electricity during the refurbishment of units at the Darlington and Bruce plants. Currently, the company plans to shut down Pickering units 1 and 4 in 2024 and units 5 to 8 in 2025, even as Ontario moves to refurbish Pickering B to extend life.

 

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Sen. Cortez Masto Leads Colleagues in Urging Congress to Support Clean Energy Industry in Economic Relief Packages

Clean Energy Industry Support includes tax credits, refundability, safe harbor extensions, EV incentives, and stimulus measures to stabilize renewable energy projects, protect the workforce, and ensure financing continuity during economic recovery.

 

Key Points

Policies and funding to stabilize renewables, protect jobs, and extend tax incentives for workforce continuity.

✅ Extend PTC/ITC and remove phase-outs to sustain projects

✅ Enable direct pay or refundability to unlock financing

✅ Preserve safe harbor timelines disrupted by supply chains

 

U.S. Senator Catherine Cortez Masto (D-Nev.) led 17 Senate colleagues, as the Senate moves to modernize public-land renewables, in sending a letter calling on Congress to include support for the United States' clean energy industry and workforce in any economic aid packages.

"As Congress takes steps to ensure that our nation's workforce is prepared to emerge stronger from the coronavirus health and economic crisis, we must act to shore up clean energy businesses and workers who are uniquely impacted by the crisis, echoing a power-sector call for action from industry groups," said the senators. "This action, which has precedent in prior financial recovery efforts, could take several forms, including tax credit extensions or removal of the current phase-out schedule, direct payment or refundability, or extensions of safe harbor continuity."

"We need to make sure that any package protects workers and helps families stay afloat in these challenging times. Providing support to the clean energy industry will give much-needed certainty and confidence, as the sector targets a market majority, for those workers that they will be able to keep their paychecks and their jobs in this critical industry," the senators also said.

In addition to Senator Cortez Masto, the letter was also signed by Senators Ed Markey (D-Mass.), Martin Heinrich (D-N.M), Sheldon Whitehouse (D-R.I.), Debbie Stabenow (D-Mich.), Tina Smith (D-Minn.), Jack Reed (D-R.I.), Cory Booker (D-N.J.), Richard Blumenthal (D-Conn.), Amy Klobuchar (D-Minn.), Chris Van Hollen (D-Md.), Dianne Feinstein (D-Calif.), Jacky Rosen (D-Nev.), Tammy Duckworth (D-Ill.), Chris Coons (D-Del.), Mazie Hirono (D-Hawaii), Dick Durbin (D-Ill.), and Kyrsten Sinema (D-Ariz.).

Dear Leader McConnell, Leader Schumer, Chairman Grassley, Ranking Member Wyden:

As Congress takes steps to ensure that our nation's workforce is prepared to emerge stronger from the coronavirus health and economic crisis, we must act to shore up clean energy businesses and workers who are uniquely impacted by the crisis, with wind investments at risk amid the pandemic. This action, which has precedent in prior financial recovery efforts, could take several forms, including tax credit extensions or removal of the current phase-out schedule, direct payment or refundability, or extensions of safe harbor continuity.

First and foremost, we need to take care of workers' health and immediate needs to stay in their homes and provide for their families, and the Families First Coronavirus Response Act is a critical down payment. Now, we must make sure the workforce has jobs to return to and that employers remain able to pay for critical benefits like paid sick and family leave, healthcare, and Unemployment Insurance.

The renewable energy industry employs over 800,000 people across every state in the United States. This industry and its workers could suffer significant harms as a result of the coronavirus emergency and resulting financial impact. Renewable energy businesses are already seeing project cancellations or delays, as the Covid-19 crisis hits solar and wind across the sector, with the solar industry reporting delays of 30 percent. Likewise, the energy efficiency sector is susceptible to similar impacts. As the coronavirus pandemic intensifies in the United States, that rate of delay or cancellations will only continue to skyrocket. Global and domestic supply chains are already facing chaotic changes, with equipment delays of three to four months for parts of the industry. A major collapse in financing is all but certain as investment firms' profits turn to losses and capital is suddenly unavailable for large labor-intensive investments.

To ensure that we do not lose years of progress on clean energy and the source of employment for tens of thousands of renewable energy workers, Congress should look to previous relief packages as an example for how to support this sector and the broader American economy. The American Recovery and Reinvestment Act of 2009 (also known as the Recovery Act or ARRA) provided over $90 billion in funding for clean energy and grid modernization, along with emergency relief programs. Specifically, ARRA provided immediate funding streams like the 1603 Cash Grant program for renewables and the 30 percent clean energy manufacturing tax credit to give immediate relief for the clean energy industry. As Congress develops this new package, it should consider these immediate relief programs for the renewable and clean energy industry, especially as analyses suggest green energy could drive Covid-19 recovery at scale. This could include direct payment or refundability, extensions of safe harbor continuity, tax credit extensions, electric vehicle credit expansion, or removal of the current phase-out schedules for the clean energy industry.

We need to make sure that any package protects workers and helps families stay afloat in these challenging times. Providing support to the clean energy industry will give much-needed certainty and confidence for those workers that they will be able to keep their paychecks and their jobs in this critical industry.

These strategies to provide assistance to the clean energy industry must be included in any financial recovery discussions, particularly if the Trump Administration continues its push to aid the oil industry, even as some advocate a total fossil fuel lockdown to accelerate climate action. We appreciate your consideration and collaboration as we do everything in our power to quickly recover from this health and economic emergency.

 

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U.S. renewable electricity surpassed coal in 2022

2022 US Renewable Power Milestone highlights EIA data: wind and solar outpaced coal and nuclear, hydropower contributed, with falling levelized costs, grid integration, battery storage, and transmission upgrades shaping affordable, reliable clean power growth.

 

Key Points

The year US renewables, led by wind and solar, generated more power than coal and nuclear, per EIA.

✅ Wind and solar rose; levelized costs fell 70%-90% over decade

✅ Renewables surpassed coal and nuclear in 2022 per EIA

✅ Grid needs storage and transmission to manage intermittency

 

Electricity generated from renewables surpassed coal in the United States for the first time in 2022, as wind and solar surpassed coal nationwide, the U.S. Energy Information Administration has announced.

Renewables also surpassed nuclear generation in 2022 after first doing so last year, and wind and solar together generated more electricity than nuclear for the first time in the United States.

Growth in wind and solar significantly drove the increase in renewable energy and contributed 14% of the electricity produced domestically in 2022, with solar producing about 4.7% of U.S. power overall. Hydropower contributed 6%, and biomass and geothermal sources generated less than 1%.

“I’m happy to see we’ve crossed that threshold, but that is only a step in what has to be a very rapid and much cheaper journey,” said Stephen Porder, a professor of ecology and assistant provost for sustainability at Brown University.

California produced 26% of the national utility-scale solar electricity followed by Texas with 16% and North Carolina with 8%.

The most wind generation occurred in Texas, which accounted for 26% of the U.S. total, while wind is now the most-used renewable electricity source nationwide, followed by Iowa (10%) and Oklahoma (9%).

“This booming growth is driven largely by economics,” said Gregory Wetstone, president and CEO of the American Council on Renewable Energy, as renewables became the second-most prevalent U.S. electricity source in 2020 nationwide. “Over the past decade, the levelized cost of wind energy declined by 70 percent, while the levelized cost of solar power has declined by an even more impressive 90 percent.”

“Renewable energy is now the most affordable source of new electricity in much of the country,” added Wetstone.

The Energy Information Administration projected that the wind share of the U.S. electricity generation mix will increase from 11% to 12% from 2022 to 2023 and that solar will grow from 4% to 5% during the period, and renewables hit a record 28% share in April according to recent data. The natural gas share is expected to remain at 39% from 2022 to 2023, and coal is projected to decline from 20% last year to 17% this year.

“Wind and solar are going to be the backbone of the growth in renewables, but whether or not they can provide 100% of the U.S. electricity without backup is something that engineers are debating,” said Brown University’s Porder.

Many decisions lie ahead, he said, as the proportion of renewables that supply the energy grid increases, with renewables projected to soon be one-fourth of U.S. electricity generation over the near term.

This presents challenges for engineers and policy-makers, Porder said, because existing energy grids were built to deliver power from a consistent source. Renewables such as solar and wind generate power intermittently. So battery storage, long-distance transmission and other steps will be needed to help address these challenges, he said.

 

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'Net Zero' Emissions Targets Not Possible Without Multiple New Nuclear Power Stations, Say Industry Leaders

UK Nuclear Power Expansion is vital for low-carbon baseload, energy security, and Net Zero, complementing renewables like wind and solar, reducing gas reliance, and unlocking investment through clear financing rules and proven, dependable reactor technology.

 

Key Points

Accelerating reactor build-out for low-carbon baseload to boost energy security and help deliver the UK Net Zero target.

✅ Cuts gas dependence and stabilizes grids with firm capacity.

✅ Complements wind and solar for reliable, low-carbon supply.

✅ Needs clear financing to unlock investment and lower costs.

 

Leading nuclear industry figures will today call for a major programme of new power stations to hit ambitious emissions reduction targets.

The 19th Nuclear Industry Association annual conference in London will highlight the need for a proven, dependable source of low carbon electricity generation alongside growth in weather-dependent solar and wind power, and particularly the rapid expansion of wind and solar generation across the UK.

Without this, they argue, the country risks embedding a major reliance on carbon-emitting gas fired power stations as Europe loses nuclear capacity at a critical time for energy security for generations to come.

Annual public opinion polling released today to coincide with the conference revealed 75% of the population want the UK Government to take more action to reduce CO2 emissions.

The survey, conducted by YouGov in October 2019, has tracked opinion trends on nuclear for more than a decade. It shows continued and consistent public support for an energy mix including nuclear and renewables, with 72% of respondents agreeing this was needed to ensure a reliable supply of electricity.

Nuclear power was also perceived as the most secure energy source for keeping the lights on, compared to other sources such as oil, gas, coal, wind power, fracking and solar power.

Last month both the Labour and Conservative Parties committed to new nuclear power as part of their election Manifestos and the government's wider green industrial revolution plans for clean growth. At the same time, 27 leading figures in the fields of environment, energy, and industry signed an open letter addressed to parliamentary candidates, which set out the benefits of nuclear and underscored the consequences of not, at least, replacing the UK's current fleet of power stations.

The Nuclear Industry Association said there is no time to be lost in clarifying the ambition and the financing rules for new nuclear power which would bring down costs and unlock a major programme of investment.

Tom Greatrex, Chief Executive of the NIA, said "We have to grow the industry's contribution to a low carbon economy. The independent Committee on Climate Change said earlier this year that we need a variety of technologies including nuclear power/1 for net zero to reach the UK's Net Zero emissions target by 2050".

"This is a proven, dependable, technology with lower lifecycle CO2 emissions than solar power and the same as offshore wind/2. It is also an important economic engine for the UK, supporting uses beyond electricity and creating high quality direct and indirect employment for around 155,000 people."

"Right now nuclear provides 20%/3 of all the UK's electricity but all but one of our existing fleet will close over the next decade, amid the debate over nuclear's decline as power demand will only increase with a shift to electric heating and vehicles."

"The countries and regions which have most successfully decarbonised, like Sweden, France and Ontario in Canada, have done so by relying on nuclear, aligning with Canada's climate goals for affordable, safe power today. You are not serious about tackling climate change if you are not serious about nuclear".

 

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