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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India Electricity Prices are Spiking

India spot electricity prices surged on Q3 demand, lifting power tariffs in the spot market as discoms scrambled for supply; Sembcorp SGPL boosted PLF and short-term PPA realizations, benefiting from INR per kWh peaks.

 

Key Points

India spot electricity prices hit Q3 records amid demand spikes, lifting tariffs and aiding Sembcorp SGPL via PLF gains.

✅ Record 10.6 cents/kWh average; 15-minute peak 20.7 cents/kWh

✅ SGPL shifted output to short-term PPA at 7.3 cents/kWh

✅ PLF ramped above 90%, cutting core losses by 30-40%

 

Electricity prices in India, now the third-largest electricity producer globally, bolted to a record high of 10.6 cents/kWh (INR5.1/kWh) in Q3.

A jolt in Indian spot electricity prices could save Sembcorp Industries' Indian business from further losses, even though demand has occasionally slumped in recent years, UOB Kay Hian said.

The firm said spot electricity prices in India bolted to a record high of 10.6 cents/kWh (INR5.1/kWh) in Q3 and even hit a 15-minute peak of 20.7 cents/kWh (9.9/kWh). The spike was due to a power supply crunch on higher electricity demand from power distribution companies, alongside higher imported coal volumes as domestic supplies shrank.

As an effect, Sembcorp Industries' Sembcorp Gayatri Power Limited's (SGPL) losses of $26m in Q1 and $29m in Q2 could narrow down by as much as 30-40%.

On a net basis, SGPL will recognise a significantly higher electricity tariff in 3Q17. By tactically shutting down its Unit #3 for maintenance, Unit #4 effectively had its generation contracted out at the higher short-term PPA tariff of around 7.3 cents/kWh (Rs3.5/kWh).

SGPL also capitalised on the price spike in 3Q17 as it ramped up its plant load factor (PLF) to more than 90%.

“On the back of this, coupled with the effects of reduced finance costs, we expect SGPL’s 3Q17 quarterly core loss to shrink by 30-40% from previous quarters,” UOB Kay Hian said.

Whilst electricity prices have corrected to 7.1 cents/kWh (INR3.4/kWh), the firm said it could still remain elevated on structural factors, even as coal and electricity shortages ease nationwide.

Sembcorp Industries' India operations brought in a robust performance for Q3. PLF for Thermal Powertech Corporation India Limited (TPCIL) hit 91%, whilst it reached 73% for SGPL, echoing the broader trend of thermal PLF up across the sector.

 

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What's at stake if Davis-Besse and other nuclear plants close early?

FirstEnergy Nuclear Plant Closures threaten Ohio and Pennsylvania jobs, tax revenue, and grid stability, as Nuclear Matters and Brattle Group warn of higher carbon emissions and market pressures from PJM and cheap natural gas.

 

Key Points

Planned shutdowns of Davis-Besse, Perry, and Beaver Valley, with regional economic and carbon impacts.

✅ Over 3,000 direct jobs and local tax revenue at risk

✅ Emissions may rise until renewables scale, possibly into 2034

✅ Debate over subsidies, market design, and PJM capacity rules

 

A national nuclear lobby wants to remind people what's at stake for Ohio and Pennsylvania if FirstEnergy Solutions follows through with plans to shut down three nuclear plants over the next three years, including its Davis-Besse nuclear plant east of Toledo.

A report issued Monday by Nuclear Matters largely echoes concerns raised by FES, a subsidiary of FirstEnergy Corp., and other supporters of nuclear power about economic and environmental hardships and brownout risks that will likely result from the planned closures.

Along with Davis-Besse, Perry nuclear plant east of Cleveland and the twin-reactor Beaver Valley nuclear complex west of Pittsburgh are slated to close.

#google#

"If these plants close, the livelihoods of thousands of Ohio and Pennsylvania residents will disappear. The over 3,000 highly skilled individuals directly employed by these sites will leave to seek employment at other facilities still operating around the country," Lonnie Stephenson, International Brotherhood of Electrical Workers president, said in a statement distributed by Nuclear Matters. Mr. Stephenson also serves on the Nuclear Matters advocacy council.

This new report and others like it are part of an extensive campaign by nuclear energy advocates to court state and federal legislators one more time for tens of millions of dollars of financial support or at least legislation that better suits the nuclear industry. Critics allege such pleas amount to a request for massive government bailouts, arguing that deregulated electricity markets should not subsidize nuclear.

The latest report was prepared for Nuclear Matters by the Brattle Group, a firm that specializes in analyzing economic, finance, and regulatory issues for corporations, law firms, and governments.

"These announced retirements create a real urgency to learn what would happen if these plants are lost," Dean Murphy, the Brattle report's lead author, said.

More than 3,000 jobs would be lost, as would millions of dollars in tax revenue. It also could take as long as 2034 for the region's climate-altering carbon emissions to be brought back down to existing levels, based on current growth projections for solar- and wind-powered projects, and initiatives such as ending coal by 2032 by some utilities, Mr. Murphy said.

His group's report only takes into account nuclear plant operations, though. Many of those who oppose nuclear power have long pointed out that mining uranium for nuclear plant fuel generates substantial emissions, as does the process of producing steel cladding for fuel bundles and the enrichment-production of that fuel. Still, nuclear has ranked among the better performers in reports that have taken such a broader look at overall emissions.

FES has accused the regional grid operator, PJM Interconnection, of creating market conditions that favor natural gas and, thus, make it almost impossible for nuclear to compete throughout its 13-state region, a debate intensified by proposed electricity pricing changes at the federal level.

PJM has strongly denied those accusations, and has said it anticipates no shortfalls in energy distribution if those nuclear plants close prematurely, even as a recent FERC decision on grid policy drew industry criticism.

FES, citing massive losses, has filed for Chapter 11 bankruptcy. The target dates for closures of the FES properties are May 31, 2020 for Davis-Besse; May 31, 2021 for Perry and Beaver Valley Unit 1, and Oct. 31, 2021 for Beaver Valley Unit 2.

In addition to the three FES sites, the report includes information about the Three Mile Island Unit 1 plant near Harrisburg, Pa., which Chicago-based Exelon Generation Corp. has previously announced will be shut down in 2019. That plant and others are experiencing similar difficulties the FES plants face by competing in a market radically changed by record-low natural gas prices.

 

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New York Faces Soaring Energy Bills

New York faces soaring energy bills as utilities seek record rate hikes, aging grid infrastructure demands upgrades, and federal renewable policies shift. Consumers struggle with affordability, late payments, and rising costs of delivery and energy supply across the state.

 

Why is New York Facing Soaring Energy Bills?

New York faces soaring energy bills because utilities are raising rates to cover the costs of grid upgrades, inflation, and policy-driven changes in energy supply.

✅ Utilities seek double-digit rate hikes across the state

✅ Aging infrastructure and storm repairs increase delivery costs

✅ Federal policies and gas dependence push energy prices higher

New Yorkers are bracing for another wave of energy bill increases as utilities seek record-high rate hikes and policy changes ripple through the state’s power system. Electric bills in New York are the highest they’ve been in over a decade, and more than a million households are now at least two months behind on payments, a sign of pandemic energy insecurity that continues to strain budgets, owing utilities nearly $2 billion.

Record numbers of households have had their electricity or gas shut off this year — more than 61,000 in May alone — despite pandemic shut-off suspensions that had offered temporary relief, the highest the Public Utility Law Project (PULP) has ever recorded. “This August was the group’s busiest month ever,” said Laurie Wheelock, PULP’s executive director, citing a surge in calls to its hotline. “The top concern on people’s minds: rate hikes.”

Utilities across the state are pushing for significant price increases, citing aging infrastructure, the need for climate adaptation, and higher operating costs, as California regulators face calls for action amid rising bills. “We used to see single-digit rate hikes and now we see double-digit rate hikes,” said Jessica Azulay, executive director of the Alliance for a Green Economy. “That’s a new normal that is unacceptable.”

Several utilities have requested delivery rate increases of 25 percent or more, with some proposals as high as 39 percent. Upstate utilities NYSEG and RG&E are seeking to raise electric and gas bills by about $33 a month, although regulators are unlikely to approve the full amount.

The companies argue the hikes are needed “to pay for rebuilding an aging grid and expanding its capacity to meet residents’ and businesses’ service demands,” including storm repairs. They also claim the plan would create more than 1,000 jobs.

James Denn, a spokesperson for the Public Service Commission (PSC), said much of the cost pressure stems from “inflation, higher interest rates, supply chain disruptions, the global push to upgrade electrical infrastructure, and, most recently, the rising risk and uncertainty from tariffs,” trends reflected in U.S. electricity price data over the past two years.

While some have blamed New York’s clean-energy transition, a PSC report found that state climate policies account for only 5 to 9.5 percent of the average household’s electric bill, or approximately $10 to $12 per month. The bulk of the increases still come from traditional spending on infrastructure, storm resilience, and system expansion.

On the supply side, costs are rising too. President Donald Trump’s recent policies have threatened renewable-energy investment nationwide, even as states’ renewable ambitions carry significant costs, potentially adding to New York’s woes. His July “megabill” phases out a 30 percent federal tax credit for solar and wind unless projects begin construction by mid-2026. Industry experts warn that the changes could make renewables “more expensive to build” and “increase reliance on gas.”

“It just means more expensive power,” said Marguerite Wells of the Alliance for Clean Energy New York.

The state estimates Trump’s policy shifts could cost New York $60 billion in lost renewable investment. With fewer clean-energy projects moving forward, gas — which already supplies roughly half of the state’s electricity — will remain the dominant source, tying energy prices to volatile global markets and the kinds of price drivers seen in California in recent years.

Governor Kathy Hochul has called affordability “our greatest short-term challenge,” while consumer advocates are demanding reforms to reduce utility profits and overhaul “rate design,” and to strengthen protections such as the emergency disconnection moratorium that applies during declared emergencies.

“There is definitely a groundswell of concern,” Wheelock said. “We go to meetings and we’re getting questions about rate design, like, ‘What is the revenue decoupling mechanism?’ Never had that question before.”

 

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Manitoba Government Extends Pause on New Cryptocurrency Connections

Manitoba Crypto Mining Electricity Pause signals a moratorium to manage grid strain, Manitoba Hydro capacity, infrastructure costs, and electricity rates, while policymakers evaluate sustainable energy demand, and planning for data centers and blockchain operations.

 

Key Points

A temporary halt on mining power hookups in Manitoba to assess grid impacts, protect rates, and plan sustainable use.

✅ Applies only to new service requests; existing sites unaffected

✅ Addresses grid strain, infrastructure costs, electricity rates

✅ Enables review with Manitoba Hydro for sustainable policy

 

The Manitoba government has temporarily suspended approving new electricity service connections for cryptocurrency mining operations, a step similar to BC Hydro's suspension seen in a neighboring province.


The Original Pause

The pause was initially imposed in November 2022 due to concerns that the rapid influx of cryptocurrency mining operations could place significant strain on the province's electrical grid. Manitoba Hydro, the province's primary electric utility, which has also faced legal scrutiny in the Sycamore Energy lawsuit, warned that unregulated expansion of the industry could necessitate billions of dollars in infrastructure investments, potentially driving up electricity rates for Manitobans.


The Extended Pause Offers Time for Review

The extension of the pause is meant to provide the government and Manitoba Hydro with more time to assess the situation thoroughly and develop a long-term solution addressing the challenges and opportunities presented by cryptocurrency mining, including evaluating emerging options such as modular nuclear reactors that other jurisdictions are studying. The government has stated its commitment to ensuring that the long-term impacts of the industry are understood and don't unintentionally harm other electricity customers.


What Does the Pause Mean?

The pause does not affect existing cryptocurrency operations but prevents the establishment of new ones.  It applies specifically to requests for electricity service that haven't yet resulted in agreements to construct infrastructure or supply electricity, and it comes amid regional policy shifts like Alberta ending its renewable moratorium that also affect grid planning.


Concerns About Energy Demands

Cryptocurrency mining involves running high-powered computers around the clock to solve complex mathematical problems. This process is incredibly energy-intensive. Globally, the energy consumption of cryptocurrency networks has drawn scrutiny for its environmental impact, with examples such as Iceland's mining power use illustrating the scale. In Manitoba, concern focuses on potentially straining the electrical grid and making it difficult for Manitoba Hydro to plan for future growth.


Other Jurisdictions Taking Similar Steps

Manitoba is not alone in its cautionary approach to cryptocurrency mining. Several other regions and utilities have implemented restrictions or are exploring limitations on how cryptocurrency miners can access electricity, including moves by Russia to ban mining amid power deficits. This reflects a growing awareness among policymakers about the potentially destabilizing impact this industry could have on power grids and electricity markets.


Finding a Sustainable Path Forward

Manitoba Hydro has stated that it is open to working with cryptocurrency operations but emphasizes the need to do so in a way that protects existing ratepayers and ensures a stable and reliable electricity system for all Manitobans, while recognizing market uncertainties highlighted by Alberta wind project challenges in a neighboring province. The government's extension of the pause signifies its intention to find a responsible path forward, balancing the potential for economic development with the necessity of safeguarding the province's power supply.

 

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Bitcoin mining uses so much electricity that 1 city could curtail facility's power during heat waves

Medicine Hat Bitcoin Mining Facility drives massive electricity demand and energy use, leveraging natural gas and nearby wind power; Hut 8 touts economic growth, while critics cite carbon emissions, renewables integration, and climate impact.

 

Key Points

A Hut 8 project in Alberta that mines bitcoin at scale, consuming up to 60 MW and impacting energy and emissions.

✅ Consumes more than 60 MW, rivaling citywide electricity use

✅ Sited by natural gas plant; wind turbines nearby

✅ Economic gains vs. carbon emissions and climate risks

 

On the day of the grand opening of the largest bitcoin mining project in the country, the weather was partly cloudy and 15 C. On a Friday afternoon like this one, the new facility uses as much electricity as all of Medicine Hat, Alta., a city of more than 60,000 people and home to several large industrial plants.

The vast amount of electricity needed for bitcoin mining is why the city of Medicine Hat has championed the economic benefits of the project, while environmentalists say they are wary of the significant energy use.

Toronto-based Hut 8 has spent more than $100 million to develop the 4½-hectare site on the northern edge of the city. It has 56 shipping containers, each filled with 180 computer servers that digitally mine for bitcoin around the clock.

The company said it has already mined more than 3,300 bitcoins in Alberta, including at its much smaller site in Drumheller. On average, the Medicine Hat facility mines about 20 bitcoins per day. The value of bitcoin can fluctuate daily, but has sold recently for around $9,000.

The bitcoin mining facility is located right beside the city of Medicine Hat's new natural gas-fired power plant and four wind turbines are a short distance away. The bitcoin plant can consume more than 60 megawatts of power, more than 10 times more electricity used by any other facility in the city, according to the mayor.

That's why, in the event of a summer heat wave, the city has provisions in place to pull the plug on the electricity it provides to Hut 8, mirroring utility pauses on crypto loads seen elsewhere, so there won't be any blackouts for residents, according to the mayor.

Still, some say the bitcoin mining industry wastes far too much energy

"It's a huge magnitude when you talk about the carbon emissions," said Saeed Kaddoura, an analyst with the Pembina Institute, an environmental think-tank. "Moving forward, there needs to be some consideration on what the environmental impact of this is."

Medicine Hat owns its own natural gas and electricity generation and distribution businesses. The city leases the land to Hut 8 and the facility employs 40 full-time workers. Add up the economic benefits and the city of Medicine Hat will receive a significant financial boost from the new project, says Ted Clugston, the city's mayor.

Financial details of the city's deal with Hut 8 are not disclosed.

For more than a century, the city has attracted business by offering low-cost energy, and the mayor said this project is no different.

"They could have gone anywhere in the world and they chose Medicine Hat," said Clugston. "[Hut 8] is not here for renewable energy because it is not reliable. They need gas-fired generation and we have it in spades."

Environmental groups are concerned by the sheer amount of energy consumed by bitcoin mining, with some utilities warning they can't serve new energy-intensive customers right now, especially in places like Medicine Hat where most of the electricity is produced by fossil fuels.

The bitcoin system is designed, so only a limited number of the cryptocurrency can be mined everyday. Over time, as more miners compete for a decreasing number of available bitcoins, facilities will have to use more electricity compared to the amount of the cryptocurrency they collect.

"The way the bitcoin algorithm works is that it's designed to waste as much electricity as possible. And the more popular bitcoin becomes, the more electricity it wastes," said Keith Stewart, a spokesperson for Greenpeace.

Stewart questions whether natural gas should be used to produce a digital product.

"If you live in Alberta, you want to have heat and light, those types of things. I don't think bitcoin is a necessity of life for anyone," he said.

The CEO of Hut 8 completely disagrees, arguing the cryptocurrency is essential.  

"Bitcoin was created during the financial crisis. It has really served a purpose in terms of providing the opportunity for people who don't necessarily trust their government or their central banks," said Andrew Kiguel.

 

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Hydro One will keep running its U.S. coal plant indefinitely, it tells American regulators

Hydro One-Avista Merger outlines a utility acquisition shaped by Washington regulators, Colstrip coal plant depreciation, and plans for renewables, clean energy, and emissions cuts, while Montana reviews implications for jobs, ratepayers, and a 2027 closure.

 

Key Points

A utility deal setting Colstrip depreciation and renewables, without committing to an early coal plant closure.

✅ Washington sets 2027 depreciation for Colstrip units

✅ Montana reviews jobs, ratepayer impacts, community fund

✅ Avista seeks renewables; no binding shutdown commitment

 

The Washington power company Hydro One is buying will be ready to close its huge coal-fired generating station ahead of schedule, thanks to conditions put on the corporate merger by state regulators there.

Not that we actually plan to do that, the company is telling other regulators in Montana, where coal unit retirements are under debate, the huge coal-fired generating station in question employs hundreds of people. We’ll be in the coal business for a good long time yet.

Hydro One, in which the Ontario government now owns a big minority stake, is still working on its purchase of Avista, a private power utility based in Spokane. The $6.7-billion deal, which Hydro One announced in July, includes a 15 per cent share in two of the four generating units in a coal plant in Colstrip, Montana, one of the biggest in the western United States. Avista gets most of its electricity from hydro dams and gas but uses the Colstrip plant when demand for power is high and water levels at its dams are low.

#google#

Colstrip’s a town of fewer than 2,500 people whose industries are the power plant and the open-pit mines that feed it about 10 million tonnes of coal a year. Two of Colstrip’s generators, older ones Avista doesn’t have any stake in, are closing in 2022. The other two will be all that keep the town in business.

In Washington, they don’t like the coal plant and its pollution. In Montana, the future of Colstrip is a much bigger concern. The companies have to satisfy regulators in both places that letting Hydro One buy Avista is in the public interest.

Ontario proudly closed the last of our coal plants in 2014 and outlawed new ones as environmental menaces, and Alberta's coal phase-out is now slated to finish by 2023. When Hydro One said it was buying Avista, which makes about $100 million in profit a year, Premier Kathleen Wynne said she hoped Ontario’s “value system” would spread to Avista’s operations.

The settlement is “an important step towards bringing together two historic companies,” Hydro One’s chief executive Mayo Schmidt said in announcing it.

The deal has approval from the Washington Utilities and Transportation Commission staff but is subject to a vote by the group’s three commissioners. It doesn’t commit Avista to closing anything at Colstrip or selling its share. But Avista and Hydro One will budget as if the Colstrip coal burners will close in 2027, instead of running into the 2040s as their owners had once planned, a timeline that echoes debates over the San Juan Generating Station in New Mexico.

In accounting terms, they’ll depreciate the value of their share of the plant to zero over the next nine years, reflecting what they say is the end of the plant’s “useful life.” Another of Colstrip’s owners, Puget Sound Energy, has previously agreed with Washington regulators that it’ll budget for a Colstrip closure in 2027 as well.

Avista and Hydro One will look for sources of 50 megawatts of renewable electricity, including independent power projects where feasible, in the next four years and another 90 megawatts to supplement Avista’s supply once the Colstrip plant eventually closes, they promise in Washington. They’ll put $3 million into a “community transition fund” for Colstrip.

The money will come from the companies’ profits and cash, the agreement says. “Hydro One will not seek cost recovery for such funds from ratepayers in Ontario,” it says specifically.

“Ontario has always been a global leader in the transition away from dirty coal power and towards clean energy,” said Doug Howell, an anti-coal campaigner with the Sierra Club, which is a party to the agreement. “This settlement continues that tradition, paving the way for the closure of the largest single source of climate pollution in the American West by 2027, if not earlier.”

Montanans aren’t as thrilled. That state has its own public services commission, doing its own examination of the corporate merger, which has asked Hydro One and Avista to explain in detail why they want to write off the value of the Colstrip burners early. The City of Colstrip has filed a petition saying it wants in on Montana hearings because “the potential closure of (Avista’s units) would be devastating to our community.”

Don’t get too worked up, an Avista vice-president urged the Montana commission just before Easter.

“Just because an asset is depreciated does not mean that one would otherwise remove that asset from service if the asset is still performing as intended,” Jason Thackston testified in a session that dealt only with what the deal with Washington state would mean to Colstrip. We’re talking strictly about an accounting manoeuvre, not an operational commitment.

Six joint owners will have to agree to close the Colstrip generators and there’s “no other tacit understanding or unstated agreement” to do that, he said.

Besides Washington and Montana, state regulators in Idaho, including those overseeing the Idaho Power settlement process, Alaska and Oregon and multiple federal authorities have to sign off on the deal before it can happen. Hydro One hopes it’ll be done in the second half of this year.

 

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