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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Quebec and other provinces heading toward electricity shortage: report

Canada Electricity Shortage threatens renewable energy transition as EV adoption and building decarbonization surge; Hydro-Quebec exports, wind power expansion, demand response, and smart grid resilience shape investment and capacity planning.

 

Key Points

A looming supply gap in central and eastern provinces driven by EVs, heating decarbonization, exports, and limited new hydro.

✅ Hydro-Quebec capacity pressured by exports and new loads

✅ Wind power prioritized; new mega-dams deemed unworkable

✅ Smart meters boost flexibility but raise cyber risk

 

Quebec and other provinces in central and eastern Canada are heading toward a significant shortage of electricity to respond to the various needs of a transition to renewable energy, and Ontario's energy storage push underscores how supply is tightening across the region.

This is according to Polytechnique Montréal’s Institut de l’énergie Trottier, which published a report titled A Strategic Perspective on Electricity in Central and Eastern Canada last week.

The white paper says that at the current rate, most provinces will be incapable of meeting the electricity needs created by the increase in the number of electric vehicles, including the federal 2035 EV sales mandate that will amplify demand, and the decarbonization of building heating by 2030. “The situation worsens if we consider carbon neutrality objectives of the federal government and some provinces for 2050,” the institute says.

The researchers called on public utilities to immediately review their investment plans for the coming years in light of examples such as B.C.'s power supply challenges that accompany rapid green ambitions.

In a news conference Wednesday, Premier François Legault said the province could indeed be short on electricity as debates over Quebec's EV push continue. “We’re open to exploiting green hydrogen, if the price is good and also based on the electrical capacity we have. Because currently, we predict that in the coming years we’re going to lack electricity, so we must be prudent.”

Quebec is in a better position than other provinces because it is the largest hydroelectricity producer in the country. But that energy source also attracts new clients that have contributed to increased demand over the coming years, including data centres, cryptocurrency miners and greenhouses.

Report co-author Normand Mousseau said that while Hydro-Québec largely has the capacity to meet demand from electric vehicles, even amid EV shortages and wait times for buyers, heating and manufacturers, export contracts to the United States “risk reducing its leeway.”

Hydro-Québec will therefore have to find new sources of electricity, and Mousseau said the answer isn’t new dams.

“The reservoirs give an immense flexibility to the network, but we don’t have the capacity today to flood territories like we have done in the past,” said Mousseau, the institute’s scientific director. “From an environmental viewpoint and a social accessibility one, it’s unworkable.”

The solution would be more wind turbines, he said, adding construction could happen at “very competitive rates” and if there’s a surplus, “we can sell it without issue because other provinces are in an even worse situation than ours,” a reality echoed by eco groups in Northern Ontario sustainability discussions focused on the grid’s future.

The researchers propose solutions based on six themes: regulations, pricing, demand management, data, support for implementation and resilience.

In the resilience category, the report notes that innovative technology like smart meters makes the network more flexible, with pilots such as EV-to-grid integration in Nova Scotia illustrating emerging options, but also increases the risk of cyberattacks. The more extreme weather caused by climate change also increases the risks of damage to infrastructure while at the same time increasing demand.

 

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Sustaining U.S. Nuclear Power And Decarbonization

Existing Nuclear Reactor Lifetime Extension sustains carbon-free electricity, supports deep decarbonization, and advances net zero climate goals by preserving the US nuclear fleet, stabilizing the grid, and complementing advanced reactors.

 

Key Points

Extending licenses keeps carbon-free nuclear online, stabilizes grid, and accelerates decarbonization toward net zero.

✅ Preserves 24/7 carbon-free baseload to meet climate targets

✅ Avoids emissions and replacement costs from premature retirements

✅ Complements advanced reactors; reduces capital and material needs

 

Nuclear power is the single largest source of carbon-free energy in the United States and currently provides nearly 20 percent of the nation’s electrical demand. As a result, many analyses have investigated the potential of future nuclear energy contributions in addressing climate change and investing in carbon-free electricity across the sector. However, few assess the value of existing nuclear power reactors.

Research led by Pacific Northwest National Laboratory (PNNL) Earth scientist Son H. Kim, with the Joint Global Change Research Institute (JGCRI), a partnership between PNNL and the University of Maryland, has added insight to the scarce literature and is the first to evaluate nuclear energy for meeting deep decarbonization goals amid rising credit risks for nuclear power identified by Moody's. Kim sought to answer the question: How much do our existing nuclear reactors contribute to the mission of meeting the country’s climate goals, both now and if their operating licenses were extended?

As the world races to discover solutions for reaching net zero as part of the global energy transition now underway, Kim’s report quantifies the economic value of bringing the existing nuclear fleet into the year 2100. It outlines its significant contributions to limiting global warming.

Plants slated to close by 2050 could be among the most important players in a challenge requiring all available carbon-free technology solutions—emerging and existing—alongside renewable electricity in many regions, the report finds. New nuclear technology also has a part to play, and its contributions could be boosted by driving down construction costs.  

“Even modest reductions in capital costs could bring big climate benefits,” said Kim. “Significant effort has been incorporated into the design of advanced reactors to reduce the use of all materials in general, such as concrete and steel because that directly translates into reduced costs and carbon emissions.”

Nuclear power reactors face an uncertain future, and some utilities face investor pressure to release climate reports as well.
The nuclear power fleet in the United States consists of 93 operating reactors across 28 states. Most of these plants were constructed and deployed between 1970-1990. Half of the fleet has outlived its original operating license lifetime of 40 years. While most reactors have had their licenses renewed for an additional 20 years, and some for another 20, the total number of reactors that will receive a lifetime extension to operate a full 80 years from deployment is uncertain.

Other countries also rely on nuclear energy. In France, for example, nuclear energy provides 70 percent of the country’s power supply. They and other countries must also consider extending the lifetime, retiring, or building new, modern reactors while navigating Canadian climate policy implications for electricity grids. However, the U.S. faces the potential retirement of many reactors in a short period—this could have a far stronger impact than the staggered closures other countries may experience.

“Our existing nuclear power plants are aging, and with their current 60-year lifetimes, nearly all of them will be gone by 2050. It’s ironic. We have a net zero goal to reach by 2050, yet our single largest source of carbon-free electricity is at risk of closure, as seen in New Zealand's electricity transition debates,“ said Kim.

 

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Paying for electricity in India: Power theft can't be business as usual

India Power Sector Payment Crisis strains utilities with electricity theft, discom arrears, coal dues, and subsidy burdens, triggering outages, load-shedding, and tariff stress as record heatwave demand tests grid reliability, billing compliance, and infrastructure upgrades.

 

Key Points

Linked payment shortfalls, theft, and subsidies driving arrears, outages, and planning gaps across Indias power grid.

✅ Discom arrears surpass Rs 1 lakh crore, straining cash flow

✅ Coal India unpaid, fuel risk rises and tariffs face pressure

✅ Outages and load-shedding worsen amid heatwave demand spike

 

India is among the world leaders in losing money to electricity theft. The country’s power sector also has a peculiar pattern of entities selling without getting the money on time, or nothing at all, while Manitoba Hydro debt highlights similar strains elsewhere. Coal India is owed about Rs 12,300 crore by power generation companies, which themselves have not been paid over Rs 1 lakh crore by distribution companies. The figures of losses suffered by discoms are much higher, even as UK network profits have drawn criticism, underscoring divergent market outcomes. The circuit does get completed somehow, but the uneven transaction, which defies business sense, introduces a disruptive strand that limits the scope for any future planning. Regular and unannounced shutdowns become the norm as the power supply falls short of demand, which this time is expected to touch record highs of 215-220 gigawatts amid the scorching heatwave, and cases like deferred BC Hydro costs illustrate how financial pressures accumulate.

In debt-ridden Punjab, the power subsidy bill is over Rs 10,000 crore, a large portion of which serves farmers. The AAP government plans to provide free electricity up to 300 units for every household from July 1, even as power bill cuts in Thailand show alternative approaches to affordability. The generous giveaways cannot camouflage the state of affairs. Thirty-three government departments had outstanding electricity bills of Rs 62 crore as on March 31, the end of the last financial year. With arrears of Rs 22.48 crore, the biggest defaulter was the Water and Sanitation Department. According to the Punjab State Power Corporation Limited, around 40 police stations and posts have been found to be stealing power or failing to clear the bills, while utility impersonation scams target consumers elsewhere. Customary warnings have been issued of snapping supply if the dues are not paid, even as utility penalties for disconnection delays underscore enforcement challenges, but ‘public interest’ and ‘essential services’ will ensure that such an eventuality does not arise.

The substantial fine imposed on a dera stealing power in Tarn Taran, along with the registration of an FIR, is exemplary action that needs to be carried forward. Change is tough, but a new way of working begins with those in positions of power leading by example, be it fixing the payment mechanism, upgrading infrastructure with smart grid initiatives in mind, minimising the use of electricity or a gradual switch to alternative energy sources.

 

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Changes Coming For Ontario Electricity Consumers

Ontario Electricity Billing Changes include OEB-backed shifts to time-of-use or tiered pricing, landlord blanket elections, LDC implementation guidance, a customer choice webpage with a bill calculator, and ENDM rate mitigation messaging.

 

Key Points

They are OEB measures enabling TOU-to-tiered switching, landlord elections, LDC guidance, and ENDM bill messages.

✅ Option to switch from TOU to tiered pricing

✅ Landlord blanket elections on tenant turnover

✅ ENDM-led bill info and rate mitigation messaging

 

By David Stevens, Aird & Berlis LLP

Electricity consumers in Ontario may see a couple of electricity rate changes in their bills in the coming months.

First, as we have already discussed, as of November 1, 2020, regulated price plan customers will have the option to switch to "tiered pricing" instead of time-of-use (TOU) pricing structures. Those who switch to "tiered pricing" will see changes in their electricity bills.

The Ontario Energy Board (OEB) has now issued final amendments to the Standard Supply Service Code to support the customer election process necessary to switch from TOU pricing to tiered pricing. The main change from what was already published in previous OEB notices is that landlords will be permitted to make a "blanket election" between TOU pricing and tiered pricing that will apply each time a tenant's account reverts back to the landlord on turnover of the rental unit. In its most recent notice, the OEB acknowledges that implementing the new customer billing option as of Nov. 1 (less than two months from now) will be challenging and directs Local Distribution Companies (LDCs) who cannot meet this date to be immediately in touch with the OEB. Finally, the OEB indicates that there will be a dedicated "customer choice webpage for consumers, including a bill calculator" in place by early October.

Second, as of January 1, 2021 low-volume consumers will see additional messaging on their bills to inform them of available rate mitigation programs.

A recent proposal posted on Ontario's Regulatory Registry indicates that the Ministry of Energy, Northern Development and Mines (ENDM) proposes that LDCs and Utility Sub-Meter Providers will be required to include a new on-bill message for low-volume consumers that "will direct customers to ENDM's new web page for further information about how the province provides financial support to electricity consumers." This new requirement is planned to be in place as of January 1, 2021. In conjunction with this requirement, the ENDM plans to launch a new web page that will provide "up-to-date information about electricity bills," including information about rate mitigation programs available to consumers. Parties are invited to submit comments on the ENDM proposal by October 5, 2020.

 

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Texas Weighs Electricity Market Reforms To Avoid Blackouts

Texas PUC Electricity Market Reforms aim to boost grid reliability, support ERCOT resilience, pay standby generators, require capacity procurement, and mitigate blackout risk, though analysts warn higher consumer bills and winter reserve margin deficits.

 

Key Points

PUC proposals to bolster ERCOT reliability via standby capacity, capacity procurement, and measures to reduce blackout risk.

✅ Pays generators for standby capacity during grid stress

✅ Requires capacity procurement to meet forecast demand

✅ Could raise consumer bills despite reliability gains

 

The Public Utility Commission of Texas is discussing major reforms to the state’s electricity market with the purpose to avoid a repeat of the power failures and blackouts during the February 2021 winter storm, which led to the death of more than 100 people and left over 11 million residents without electricity for days.

The regulator is discussing at a meeting on Thursday around a dozen proposals to make the grid more stable and reliable in case of emergencies. Proposals include paying power generators that are on standby when the grid needs backup, and requiring companies to pre-emptively buy capacity to meet future demand.

It is not clear yet how many and which of the proposals for electricity market reforms PUC will endorse today, while Texans vote on funding to modernize electricity generation later this year.

Analysts and consumer protection bodies warn that the measures will raise the energy bills for consumers, as some electricity market bailout ideas shift costs to ratepayers as well.

“Customers will be paying for more, but will they be getting more reliability?” Michael Jewell, an attorney with Jewell & Associates PLLC who represents clients at PUC proceedings, told Bloomberg.

“This is going to take us further down a path that’s going to increase cost to consumers, we better be darn sure these are the right choices,” Tim Morstad, Associate State Director, AARP Texas, told FOX 4 NEWS.

Last month, a report by the North American Electric Reliability Corp warned that the Texas power grid remained vulnerable to blackouts in case of a repeat of this year’s February Freeze.

Beyond Texas, electricity blackout risks have been identified across the U.S., underscoring the stakes for grid planning.

According to the 2021-2022 Winter Reliability Assessment report, Texas risks a 37-percent reserve margin deficit in case of a harsh winter, with ERCOT moving to procure capacity to address winter concerns, NERC said.

A reserve margin is the reserve of power generation capacity comparative to demand. The expected reserve margin for Texas for this winter, according to NERC, is 41.9 percent. Yet if another cold spell hits the state, it would affect this spare capacity, pushing the margin deeply into negative territory.

 

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Ontario prepares to extend disconnect moratoriums for residential electricity customers

Ontario Electricity Relief outlines an extended disconnect moratorium, potential time-of-use price changes, and Ontario Energy Board oversight to support residential customers facing COVID-19 hardship and bill payment challenges during the emergency in Ontario.

 

Key Points

Plan to extend disconnect moratorium and weigh time-of-use price relief for residential customers during COVID-19.

✅ Extends winter disconnect ban by 3 months

✅ Considers time-of-use price adjustments

✅ Requires Ontario Energy Board approval

 

The Ontario government is preparing to announce electricity relief for residential electricity users struggling because of the COVID-19 emergency, according to sources.

Sources close to those discussions say a decision has been made to lengthen the existing five-month disconnect moratorium by an additional three months.

Separately, Hydro One's relief fund has offered support to its customers during the pandemic.

News releases about the moratorium extension are currently being drafted and are expected to be released shortly, as the pandemic has reduced electricity usage across Ontario.

Electricity utilities in Ontario are currently prohibited from disconnecting residential customers for non-payment during the winter ban period from November 15 to April 30.

The province is also looking at providing further relief by adjusting time-of-use prices, such as off-peak electricity rates, which are designed to encourage shifting of energy use away from periods of high total consumption to periods of low demand.

For businesses, the province has provided stable electricity pricing to support industrial and commercial operations.

But that would require Ontario Energy Board approval and no decision has been finalized, our sources advise.

 

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