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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Crossrail will generate electricity using the wind created by trains

Urban Piezoelectric Energy Textiles capture wind-driven motion on tunnels, bridges, and facades, enabling renewable microgeneration for smart cities with decentralized power, resilient infrastructure, and flexible lamellae sheets that harvest airflow vibrations.

 

Key Points

Flexible piezoelectric sheets that convert urban wind and vibration into electricity on tunnels, bridges, and facades.

✅ Installed on London Crossrail to test airflow energy capture

✅ Flexible lamellae panels retrofit tunnels, bridges, facades

✅ Supports decentralized, resilient urban microgrids

 

Charlotte Slingsby and her startup Moya Power are researching piezo-electric textiles that gain energy from movement, similar to advances like a carbon nanotube energy harvester being explored by materials researchers. It seems logical that Slingsby originally came from a city with a reputation for being windy: “In Cape Town, wind is an energy source that you cannot ignore,” says the 27-year-old, who now lives in London.

Thanks to her home city, she also knows about power failures. That’s why she came up with the idea of not only harnessing wind as an alternative energy source by setting up wind farms in the countryside or at sea, but also for capturing it in cities using existing infrastructure.

 

The problem

The United Nations estimates that by 2050, two thirds of the world’s population will live in cities. As a result, the demand for energy in urban areas will increase dramatically, spurring interest in nighttime renewable technology that can operate when solar and wind are variable. Can the old infrastructure grow fast enough to meet demand? How might we decentralise power generation, moving it closer to the residents who need it?

For a pilot project, she has already installed grids of lamellae-covered plastic sheets in tunnels on London Crossrail routes; the draft in the tube causes the protrusions to flutter, which then generates electricity.

“If we all live in cities that need electricity, we need to look for new, creative ways to generate it, including nighttime solar cells that harvest radiative cooling,” says Slingsby, who studied design and engineering at Imperial College and the Royal College of Art. “I wanted to create something that works in different situations and that can be flexibly adapted, whether you live in an urban hut or a high-rise.”

The yield is low compared to traditional wind power plants and is not able to power whole cities, but Slingsby sees Moya Power as just a single element in a mixture of urban energy sources, alongside approaches like gravity power that aid grid decarbonization.

In the future, Slingsby’s invention could hang on skyscrapers, in tunnels or on bridges – capturing power in the windiest parts of the city, alongside emerging air-powered generators that draw energy from humidity. The grey concrete of tunnels and urban railway cuttings could become our cities’ most visually appealing surfaces...

 

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Opinion: Fossil-fuel workers ready to support energy transition

Canada Net-Zero Transition unites energy workers, R&D, and clean tech to decarbonize steel and cement with hydrogen, scale renewables, and build hybrid storage, delivering a just transition that strengthens communities and the economy.

 

Key Points

A national plan to reach net-zero by 2050 via renewables, hydrogen, decarbonization, and a just transition for workers.

✅ Hydrogen for steel and cement decarbonization

✅ Hybrid energy storage and clean tech R&D

✅ Just transition pathways for energy workers

 

Except for an isolated pocket of skeptics, there is now an almost universal acceptance that climate change is a global emergency that demands immediate and far-reaching action to defend our home and future generations. Yet in Canada we remain largely focused on how the crisis divides us rather than on the potential for it to unite us, despite nationwide progress in electricity decarbonization efforts.

It’s not a case of fossil-fuel industry workers versus the rest, or Alberta versus British Columbia where bridging the electricity gap could strengthen cooperation. We are all in this together. The challenge now is how to move forward in a way that leaves no one behind.

The fossil fuel industry has been — and continues to be — a key driver of Canada’s economy. Both of us had successful careers in the energy sector, but realized, along with an increasing number of energy workers, that the transition we need to cope with climate change could not be accomplished solely from within the industry.

Even as resource companies innovate to significantly reduce the carbon burden of each barrel, the total emission of greenhouse gases from all sources continues to rise. We must seize the opportunity to harness this innovative potential in alternative and complementary ways, mobilizing research and development, for example, to power carbon-intensive steelmaking and cement manufacture from hydrogen or to advance hybrid energy storage systems and decarbonizing Canada's electricity grid strategies — the potential for cross-over technology is immense.

The bottom line is inescapable: we must reach net-zero emissions by 2050 in order to prevent runaway global warming, which is why we launched Iron & Earth in 2016. Led by oilsands workers committed to increasingly incorporating renewable energy projects into our work scope, our non-partisan membership now includes a range of industrial trades and professions who share a vision for a sustainable energy future for Canada — one that would ensure the health and equity of workers, our families, communities, the economy, and the environment.

Except for an isolated pocket of skeptics, there is now an almost universal acceptance that climate change is a global emergency that demands immediate and far-reaching action, including cleaning up Canada's electricity to meet climate pledges, to defend our home and future generations. Yet in Canada we remain largely focused on how the crisis divides us rather than on the potential for it to unite us.

It’s not a case of fossil-fuel industry workers versus the rest, or Alberta versus British Columbia. We are all in this together. The challenge now is how to move forward in a way that leaves no one behind.

The fossil fuel industry has been — and continues to be — a key driver of Canada’s economy. Both of us had successful careers in the energy sector, but realized, along with an increasing number of energy workers, that the transition we need to cope with climate change could not be accomplished solely from within the industry.

Even as resource companies innovate to significantly reduce the carbon burden of each barrel, the total emission of greenhouse gases from all sources continues to rise, underscoring that Canada will need more electricity to hit net-zero, according to the IEA. We must seize the opportunity to harness this innovative potential in alternative and complementary ways, mobilizing research and development, for example, to power carbon-intensive steelmaking and cement manufacture from hydrogen or to advance hybrid energy storage systems — the potential for cross-over technology is immense.

The bottom line is inescapable: we must reach net-zero emissions by 2050 in order to prevent runaway global warming, which is why we launched Iron & Earth in 2016. Led by oilsands workers committed to increasingly incorporating renewable energy projects into our work scope, as calls for a fully renewable electricity grid by 2030 gain attention, our non-partisan membership now includes a range of industrial trades and professions who share a vision for a sustainable energy future for Canada — one that would ensure the health and equity of workers, our families, communities, the economy, and the environment.

 

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Alberta ratepayers on the hook for unpaid gas and electricity bills from utility deferral program

Alberta Utility Rate Rider will add a modest fee to electricity bills and natural gas charges as the AUC recovers outstanding debt from the COVID-19 deferral program via AESO and the Balancing Pool.

 

Key Points

A temporary surcharge on Alberta power and gas bills to recover unpaid COVID-19 deferral debt, administered by the AUC.

✅ Applies per kWh and per GJ based on consumption

✅ Recovers unpaid balances from 2020-21 bill deferrals

✅ Collected via AESO and the Balancing Pool under AUC oversight

 

The province says Alberta ratepayers should expect to see an extra fee on their utility bills in the coming months.

That fee is meant to recover the outstanding debt owed to gas and electricity providers resulting from last year's three-month utility deferral program offered to struggling Albertans during the pandemic.

The provincial government announced the utility deferral program in March 2020 then formalized it with legislation, alongside a consumer price cap on power bills that shaped later policy decisions.

The program allowed residential, farm and small commercial customers who used less than 250,000 kilowatt hours of electricity per year — or consumed less than 2,500 gigajoules per year — to postpone their bills amid the COVID-19 pandemic.

According to the province, 350,000 customers, or approximately 13 per cent of the natural gas and electricity consumer base, took advantage of the program.

Customers had a year to repay providers what they owed. That deadline ended June 18, 2021.

The Alberta Utilities Commission (AUC), which regulates the utilities sector and natural gas and electricity markets and oversees a rate of last resort framework, said the vast majority of consumers have squared up.

But for those who didn't, provincial legislation dictates that Alberta ratepayers must cover any unpaid debt. The legislation exempts Medicine Hat utility customers for electricity and gas co-operative customers for gas.

"When the program was announced, it was very clear that it was a deferral program and that the monies would need to be paid back," said Geoff Scotton, a spokesperson with the Alberta Utilities Commission.

"Now we're in the situation where the providers, in good faith, who enabled those payment deferrals, need to be made whole. That's really the goal here."

Amount to be determined
Margeaux Maron, a spokesperson for Associate Minister of Natural Gas and Electricity Dale Nally, said based on early estimates, $13 to $16 million of $92 million in deferred payments remain outstanding.

As a result, the province expects the average Albertan will end up paying, unlike jurisdictions offering a lump-sum credit, a fraction of a dollar extra per monthly gas and electricity bill over a handful of months.

Scotton said at this point, there are too many unknown factors to know the exact size of the rate rider. However, he said he expects it to be modest.

Scotton said affected parties first have until the end of this week to notify the AUC exactly how much they are still owed.

Those parties include the Alberta Electric System Operator and the Balancing Pool, who essentially acted as bankers with respect to the distribution and transmission of the utilities to customers who deferred their payments.

Regulated service providers may also seek reimbursement on administrative and carrying costs, even as issues like a BC Hydro fund surplus spark debate elsewhere.

Then, Scotton said, once the outstanding amounts are known, the AUC will hold a public proceeding, similar to a Nova Scotia rate case, to determine the amount and the duration of the rate rider to be applied to each natural gas and electricity bill.

The amount will be based on consumption: per kilowatt hour for electricity and per gigajoule for natural gas.

That means larger businesses will end up paying more than the average Albertan.

Scotton said the AUC will expedite the hearing process and it expects to have a decision by the end of the summer.

Rate rider a 'surprise'
Joel MacDonald with Energyrates.ca — an organization which compares energy rates across the country — said it's not the amount of the rate rider that bothers him, but the fact that the repayment process wasn't made clear at the onset of the program.

"It came to us as a bit of a surprise," MacDonald said.

He said what was sold as a deferral program seems more like an electricity rebate program, or an "ability to pay" program.

"As opposed to the retailers looking into collection methods, anything that wasn't paid is basically just being forced upon all Alberta consumers," MacDonald said.

The expectation set out in the deferral legislation and regulations state utility providers such as Enmax and Epcor are expected to use reasonable efforts to try to collect the unpaid balances. It must then detail those reasonable efforts to the AUC.

A spokesperson for Enmax said it first works with its customers to find manageable payment arrangements and connects them with support services if they are unable to pay.

Then, if payment can't be arranged, it said it will work with a collection agency, which may even result in disconnection of service.

The spokesperson said only after all efforts have failed would Enmax seek reimbursement through this program.

Use tax revenues?
MacDonald also questioned why a government program isn't being paid for through general tax revenues.

He compared the utility deferral program to a mortgage subsidy program.

"Imagine that [Canada Mortgage And Housing Corporation] said, 'Hey, we had to give mortgage deferrals and some of these people never paid back their deferrals, so we're going to add an extra $300 to everyone's mortgage,'" he said.

"You'd expect that to come off of some sort of general taxation — not being assigned to other people's mortgages, right?"

In response, Maron said due to the current fiscal challenges facing the government — and the expected minimal costs to consumers, and even as a consumer price cap on electricity remains in place — it was determined that a rate rider would be an appropriate mechanism to repay bad debt associated with the program.

Scotton said rate riders aren't unusual — they're used to fine-tune rates for a set period of time.

He said under normal circumstances, regulated service providers can apply to the AUC to impose a rate rider to recover unexpected costs. And in some instances, they can provide a credit.

But in this situation, he said the debt is aggregated and, in turn, being collected more broadly.

 

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Avista Commissions Largest Solar Array in Washington

Adams Nielson Solar Array, a 28 MW DC utility-scale project in Lind, WA, spans 200 acres with 81,700 panels, powering about 4,000 homes, supporting Avista’s Solar Select program and renewable energy, sustainability, and carbon reduction.

 

Key Points

Adams Nielson Solar Array is a 28 MW DC facility in Lind, WA, powering ~4,000 homes via Avista’s Solar Select.

✅ 81,700 panels across 200 acres in Eastern Washington

✅ Offsets emissions equal to removing 7,300 cars annually

✅ Collaboration by Avista, Strata Solar, WUTC, WSU Energy

 

Official commissioning of the Adams Nielson solar array located in Lind, WA occurred today. The 28 Megawatt DC array is comprised of 81,700 panels that span 200 acres and generates enough electricity to supply the equivalent of approximately 4,000 homes annually, similar to a new co-op solar project serving South Metro members.

“Avista’s interest in the development of Solar Select, a voluntary commercial solar program reflecting broader corporate adoption such as a corporate solar power plant commissioned by Arvato, is consistent with the Company’s ongoing commitment to provide customers with renewable energy choices at reasonable cost,” said Dennis Vermillion, president, Avista Corporation. “In recent years, an increasing number of Avista customers have expressed their expectations and challenges in acquiring renewable energy. Avista is pleased to lead this effort and develop renewable energy products that meet our customers’ needs today and into the future.” This interest is being generated by a mix of local and national customers across a variety of industries, including Huckleberry’s, Gonzaga University, Community Colleges of Spokane, Hotstart, Central Pre-Mix Concrete, a CRH Co., independently owned McDonald's franchise locations, Spokane City, Main Market and Community Building and VA Medical Center.

Jim Simon, director of sustainability at Gonzaga University said, “The Solar Select program helps Gonzaga University move even closer to achieving its goal of climate neutrality by 2050 by continuing to prioritize renewables in our energy portfolio, as other communities add projects like a municipal solar project to boost local supply. We are grateful for Avista’s leadership in this project and look forward to other opportunities to reduce our greenhouse gas emissions.”

Spokane Mayor David Condon said, “The City of Spokane is pleased to partner with Avista through the Solar Select Program, as we continue to seek out opportunities that are both environmentally and financially responsible. The City already is a net producer of energy, generating more clean, green energy than our use of electricity, natural gas, and fuel, a milestone also seen with North Carolina's first wind farm now fully operational. We are excited to add even more clean energy to power City Hall.”

The Solar Select program created a cost-effective structure to bring solar energy to large business customers in Eastern Washington, allowing them to advance their desired sustainability goals and benefiting from industry service innovations led by companies like Omnidian expanding their global reach. The array is projected to deliver the environmental benefit equivalent of more than 7,300 cars removed from the road each year. This renewable energy program was made possible through a collaboration of Avista, Strata Solar, the Washington Utilities and Transportation Commission, and the WSU Energy Program. 

 

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TransAlta Scraps Wind Farm as Alberta's Energy Future Blusters

Alberta Wind Energy Policy Changes highlight TransAlta's Riplinger cancellation amid UCP buffer zones for pristine viewscapes, regulatory uncertainty, and market redesign debates, reshaping Alberta's renewables investment climate and clean energy diversification plans.

 

Key Points

UCP rules and market shifts reshaping wind siting, permits, and finance, increasing uncertainty and delays for new projects.

✅ 35-km buffer near pristine viewscapes limits wind siting

✅ TransAlta cancels 300 MW Riplinger project

✅ Market redesign uncertainty chills renewables investment

 

The winds of change are blowing through Alberta's energy landscape today, and they're not necessarily carrying good news for renewable energy development. TransAlta, a major Canadian energy company, recently announced the cancellation of a significant wind farm project, citing a confluence of factors that create uncertainty for the future of wind power in the province. This decision throws a spotlight on the ongoing debate between responsible development and fostering a clean energy future in Alberta.

The scrapped project, the Riplinger wind farm near Cardston, Alberta, was envisioned as a 300-megawatt facility capable of providing clean electricity to the province. However, TransAlta pointed to recent regulatory changes implemented by the United Conservative Party (UCP) government, following the end of the renewable energy moratorium in Alberta, as a key reason for the project's demise. These changes include the establishment of a 35-kilometer buffer zone around designated "pristine viewscapes," which significantly restricts potential wind farm locations.

John Kousinioris, CEO of TransAlta, expressed frustration with the lack of clarity surrounding the future of renewable energy policy in Alberta. He highlighted this, along with the aforementioned rule changes, as major factors in the project's cancellation. TransAlta has also placed three other power projects on hold, indicating a broader concern about the current investment climate for renewable energy in the province.

The news has been met with mixed reactions. While some residents living near the proposed wind farm site celebrate the decision due to concerns about potential impacts on tourism and the environment, others worry about the implications for Alberta's clean energy ambitions, including renewable energy job growth in the province. The province, a major energy producer in Canada, has traditionally relied heavily on fossil fuels, and this decision might be seen as a setback for its goals of diversifying its energy mix.

The Alberta government defends its changes to renewable energy policy, arguing that they are necessary to ensure responsible development and protect sensitive ecological areas. However, the TransAlta decision raises questions about the potential unintended consequences of these changes. Critics argue that the restrictions might discourage investment in renewable energy and the province's ability to sell clean power to wider markets altogether, hindering Alberta's progress towards a more sustainable future.

Adding to the uncertainty is the ongoing process of redesigning Alberta's energy market. The aim is to incorporate more renewable energy sources, including solar energy expansion across the grid, but the details of this redesign remain unclear. This lack of transparency makes it difficult for companies like TransAlta to make sound investment decisions, further dampening enthusiasm for renewable energy projects.

The future of wind energy development in Alberta remains to be seen. TransAlta's decision to scrap the Riplinger project is a significant development, and it will be interesting to observe how other companies respond to the changing regulatory landscape, as a Warren Buffett-linked developer pursues a $200 million wind project in Alberta. Striking a balance between responsible development, protecting the environment, and fostering a clean energy future will be a crucial challenge for Alberta moving forward.

This situation highlights the complex considerations involved in transitioning to a renewable energy future, where court rulings on wind projects can influence policy and investment decisions. While environmental concerns are paramount, ensuring a stable and predictable investment climate is equally important. Open communication and collaboration between industry, government, and stakeholders will be key to navigating these challenges and ensuring Alberta can harness the power of wind energy for a sustainable future.

 

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