Utility sues railroad claiming monopoly abuse

Power plant staff sequestration isolates essential operators on-site at plants and control centers, safeguarding critical infrastructure and grid reliability during the COVID-19 pandemic under DHS CISA guidance, with social distancing, offset shifts, and stockpiled supplies.

Key Points

A protocol isolating essential grid workers on-site to maintain operations at plants and control centers.

✅ Ensures grid reliability and continuity of critical infrastructure

✅ Implements social distancing, offset shifts, and isolation protocols

✅ Stockpiles food, beds, PPE, and sanitation for essential crews

The U.S. electric industry may ask essential staff to live on site at power plants and control centers to keep operations running if the coronavirus outbreak worsens, after a U.S. grid warning from the overseer, and has been stockpiling beds, blankets, and food for them, according to industry trade groups and electric cooperatives.

The contingency plans, if enacted, would mark an unprecedented step by power providers to keep their highly-skilled workers healthy as both private industry and governments scramble to minimize the impact of the global pandemic that has infected more than 227,000 people worldwide, with some utilities such as BC Hydro at Site C reporting COVID-19 updates as the situation evolves.

“The focus needs to be on things that keep the lights on and the gas flowing,” said Scott Aaronson, vice president of security and preparedness at the Edison Electric Institute (EEI), the nation’s biggest power industry association. He said that some “companies are already either sequestering a healthy group of their essential employees or are considering doing that and are identifying appropriate protocols to do that.”

Maria Korsnick, president of the Nuclear Energy Institute, said that some of the nation’s nearly 60 nuclear power plants are also “considering measures to isolate a core group to run the plant, stockpiling ready-to-eat meals and disposable tableware, laundry supplies and personal care items.”

Neither group identified specific companies, though nuclear worker concerns have been raised in some cases.

Electric power plants, oil and gas infrastructure and nuclear reactors are considered “critical infrastructure” by the federal government, and utilities continue to emphasize safety near downed lines even during emergencies. The U.S. Department of Homeland Security is charged with coordinating plans to keep them operational during an emergency.

A DHS spokesperson said that its Cybersecurity and Infrastructure Security Agency had issued guidance to local governments and businesses on Thursday asking them to implement policies to protect their critical staff from the virus, even as an EPA telework policy emerged during the pandemic.

“When continuous remote work is not possible, businesses should enlist strategies to reduce the likelihood of spreading the disease,” the guidance stated. “This includes, but is not necessarily limited to, separating staff by off-setting shift hours or days and/or social distancing.”

Public health officials have urged the public to practice social distancing as a preventative measure to slow the spread of the virus, and as more people work from home, rising residential electricity use is being observed alongside daily routines. If workers who are deemed essential still leave, go to work and return to their homes, it puts the people they live with at risk of exposure. 

California has imposed a statewide shutdown, asking all citizens who do not work in those critical infrastructure industries not to leave their homes, a shift that may raise household electricity bills for consumers. Similar actions have been put in place in cities across America.

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FPL Power Restoration mobilizes Florida linemen and mutual-aid utility crews to repair the grid, track outages with smart meters, prioritize hospitals and essential services, and accelerate hurricane recovery across the state.

Key Points

FPL Power Restoration is the utility's hurricane effort to rebuild the grid and quickly restore service across Florida.

✅ 18,000 mutual-aid utility workers deployed from 28 states

✅ Smart meters pinpoint outages and accelerate repairs

✅ Critical facilities prioritized before neighborhood restorations

Teams of Florida Power & Light linemen, assisted by thousands of out-of-state utility workers and 200 Ontario workers who joined the effort, scrambled across Florida Monday to tackle the Herculean task of turning the lights back on in the Sunshine State.

The job is quite simply mind-boggling as Irma caused extensive damages to the power grid and the outages have broken previous records, and in other storms Louisiana's grid needed a complete rebuild after Hurricane Laura to restore service.

By 3 p.m. Monday, some 3.47 million of the company's 4.9 million customers in Florida were without power. This breaks the record of 3.24 million knocked off the grid during Hurricane Wilma in 2005, according to FPL spokesman Bill Orlove.

Prepared to face massive outages, FPL brought some 18,000 utility workers from 28 states here to join FPL crews, including Canadian power crews arriving to help restore service, to enable them to act more quickly.

“That’s the thing about the utility industry,” said  Alys Daly, an FPL spokeswoman. “It’s truly a family.”

Even with what is believed to be the largest assembly of utility workers ever assembled for a single storm in the United States, power restoration is expected to take weeks, not days in some areas.

FPL vowed to work as quickly as possible as they assess the damage and send out crews to restore power.

"We understand that people need to have power right away to get their lives back to normal," Daly said.

The priority, she said, were medical and emergency management facilities and then essential service providers like gas stations and grocery stores.

After that, FPL will endeavor to repair the problems that will restore power to the maximum number of people possible. Then it's individual neighborhoods.

As of 3 p.m. Monday, 219,040 of FPL's 307,600 customers on the Space Coast had no power. That's an improvement over the 260,600 earlier in the day.

Daly was unable to say Monday how many crews FPL had working in Brevard County. In some areas, power came back relatively swiftly, much quicker than expected.

" I was definitely surprised at how quickly they got our power back on here in NE Palm Bay," said Kelli Coats. "We lost power last night around 9 p.m Sunday and regained power around 8:30 a.m. today."

Others, many of them beachside, were looking at a full 24 hours without power and it's possible it could extend into Tuesday or longer.

One reason for improved response times since 2005, Daly said, is the installation of nearly 5 million "Smart Meters" at residences. These new devices, which replaced older analog models, allows FPL crews to track a neighborhood's power status via handheld computers, pinpointing the cause of an outage so it can be repaired.

Quick restoration is key as stores and restaurants struggle to re-open, and Gulf Power crews restored power in the early push. Without electricity many of them just can't re-start operations and get goods and services to consumers.

At the Atlanta-based Waffle House, which Federal Emergency Management Administration use to gauge the severity of damage and service to an area, restaurant executives are reviewing its operations in Florida and should have a better handle Monday afternoon how quickly restaurants will re-open.

"Right now, we're in an assessment phase," said Pat Warner, spokesman for Waffle House. "We're looking at which stores have power and which ones have damage."

FEMA's color-coded Waffle House Index started after the hurricanes in the early 2000s. It works like this: When an official phones a Waffle House to see if it is open,  the next stop is to assess it's level of service. If it's open and serving a full menu, the index is green. When the restaurant is open but serving a limited menu, it's yellow. When it's closed, it's red.

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New England Grid Reform Initiative aligns governors with ISO New England to reshape market design, boost grid reliability, accelerate renewable energy and offshore wind, explore carbon pricing and forward clean energy markets, and bolster accountability.

Key Points

Five states aim to reform ISO New England markets, prioritize renewables and reliability, and test carbon pricing.

✅ Governors seek market design aligned with clean energy mandates

✅ ISO-NE accountability and stakeholder engagement prioritized

✅ Explore carbon pricing and forward clean energy market options

Weeks after initiating a broad overhaul of utility regulation within its borders, Connecticut has recruited four New England states, as Maine debates a 145-mile transmission line project to rework the regional grid that is overseen by ISO New England, the independent system operator charged with ensuring a reliable supply of electricity from power plants.

In a written statement Thursday morning, Gov. Ned Lamont said the current structure “has actively hindered” states’ efforts to phase out polluting power plants in favor of renewable sources like wind turbines and solar panels, while increasing costs “to fix market design failures” in his words. Lamont’s energy policy chief Katie Dykes has emerged as a vocal critic of ISO New England’s structure and priorities, in her role as commissioner of the Connecticut Department of Energy and Environmental Protection.

“When Connecticut opted to deregulate our electricity market, we wanted the benefits of competition — to achieve lower-cost energy, compatible with meeting our clean-energy goals,” Dykes said in a telephone interview Thursday afternoon. “We have a partner [in] ISO New England, to manage this grid and design a market that is not thwarting our clean-energy goals, but achieving them; and not ignoring consumers’ concerns. ... That’s really what we are looking to do — reclaim the benefits of competition and regional cooperation.”

Lamont and his counterparts in Massachusetts, Rhode Island, Vermont and Maine plan to release a “vision document” in their words on Friday through the New England States Committee on Electricity, after New Hampshire rejected a Quebec-Massachusetts transmission proposal that sought to import Canadian hydropower.

The initial documents made no mention of New Hampshire, which likewise obtains electricity through the wholesale markets managed by ISO New England and has seen clashes over the Northern Pass hydropower project in recent years; and whose Seabrook Station is one two nuclear power plants in New England alongside Dominion Energy’s Millstone Power Station in Waterford. Gov. Chris Sununu’s office did not respond immediately to a query on why New Hampshire is not participating.

Connecticut and the four other states outlined a few broad goals that they will hone over the coming months. Those include creating a better market structure and planning process supporting the conversion to renewables; improving grid reliability, with measures such as an emergency fuel stock program considered; and increasing the accountability of ISO New England to the states and by extension their ratepayer households and businesses.

ISO New England spokesperson Matt Kakley indicated the Holyoke, Mass.-based nonprofit will “engage with the states and our stakeholders” on the governors’ proposal, in an email response to a query. He did not elaborate on any immediate opportunities or challenges inherent in the governors’ proposal.

“Maintaining reliable, competitively-priced electricity through the clean energy transition will require broad collaboration,” Kakley stated. “The common vision of the New England governors will play an important role in the discussions currently underway on the future of the grid.”

Renewable revolution
ISO New England launched operations in 1999, running auctions through which power plant operators bid to supply electricity, including against long-term projections for future needs that can only be met through the construction or installation of new generation capacity.

ISO New England falls under the jurisdiction of the Federal Energy Regulatory Commission rather than the states whose electricity supplies it is tasked with ensuring. That has led to pointed criticism from Dykes and Connecticut legislators that ISO New England is out of touch with the state’s push to switch to renewable sources of electricity.

Entering October, ISO New England published an updated outlook that revealed 60 percent of proposed power generators in the region’s future “queue” are wind farms, primarily offshore installations like the proposed Park City Wind project of Avangrid and Revolution Wind from Eversource. But Dykes recently criticized as unnecessary an NTE Energy plant approved already by ISO New England for eastern Connecticut, which will be fueled by natural gas if all other regulatory approvals are granted.

The six New England states participate in the Regional Greenhouse Gas Initiative that caps carbon emissions by individual power plants, while allowing them to purchase unused allowances from each other with that revenue funneled to the states to support renewable energy and conservation programs. FERC is now considering the concept of carbon pricing, which would levy a tax on power plants based on their emissions, and it also faces pressure to act on aggregated DERs from lawmakers.

ISO New England is investigating the concepts of net carbon pricing and a “forward clean energy market” that would borrow elements of the existing forward capacity market, but designed to meet individual state objectives for the percentage of renewable power they want generated while ensuring adequate electricity is in place when weather does not cooperate.

The Connecticut Public Utilities Regulatory Authority is collecting on its own initiative industry input on modernization proposals, as New York regulators open a formal review of retail energy markets for comparison, that would add up to hundreds of millions of dollars, including utility-scale batteries to store power generated by offshore wind farms and solar arrays; and “smart” meters in homes and businesses to help electricity customers better manage their power use.

The New England Power Pool serves as a central forum for plant operators, commercial users and others like the Connecticut Office of Consumer Counsel, amid Massachusetts solar demand charge debates that affect distributed generation policy, with NEPOOL’s chair stating Thursday morning the group was still reviewing the governors’ announcement.

“NEPOOL has been engaged this year in meetings ... exploring the transition to a future grid in New England and potential pathways forward to support that transition,” stated Nancy Chafetz, chair of NEPOOL, in an email.

Connecticut’s issues with ISO New England boiled over this summer on the heels of a power-purchase agreement between Millstone owner Dominion and transmission grid operators Eversource and United Illuminating, which contributed to a sharp increase in customer bills.

A few weeks ago, Lamont signed into law a “Take Back the Grid” act that allows the Connecticut Public Utilities Regulatory Authority to factor in Eversource’s and Avangrid subsidiary United Illuminating’s past performance in maintaining electric reliability, in addition to any future needs for revenue based on needed upgrades. The law included an element for Connecticut to initiate a study of ISO New England’s role.

Eversource and Avangrid have voiced support for the switch to “performance-based” regulation in Connecticut. Eversource spokesperson Mitch Gross on Thursday cited the company’s view that any changes to the operation of New England’s wholesale power markets should occur within the existing ISO New England structure.

“We also recommend any examination of potential alternatives includes a thorough evaluation that ensures unfair costs would not be imposed on customers,” Gross stated in an email.

In a statement forwarded by Avangrid spokesperson Ed Crowder, the United Illuminating parent indicated it intends to have “a voice in this process” with the goal of continued grid reliability amid increased adoption of clean energy sources.

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OPG Credit Rating affirmed by DBRS at A (low) issuer and unsecured debt, R-1 (low) CP, Stable trends, backed by a supportive regulatory regime, strong leverage metrics, and provincial support; monitor Darlington Refurbishment costs.

Key Points

It is DBRS's confirmation of OPG at A (low) issuer and unsecured, R-1 (low) CP, with Stable outlooks.

✅ Stable trends; strong cash flow-to-debt and capital ratios

✅ Provincial financing via OEFC; Fair Hydro Trust ring-fenced

✅ Darlington Refurbishment on budget; cost overruns remain risk

DBRS Limited (DBRS) confirmed the Issuer Rating and the Unsecured Debt rating of Ontario Power Generation Inc. (OPG or the Company) at A (low) and the Commercial Paper (CP) rating at R-1 (low), amid sector developments such as Hydro One leadership efforts to repair government relations and measures like staff lockdowns at critical sites.

All trends are Stable. The ratings of OPG continue to be supported by (1) the reasonable regulatory regime in place for the Company's regulated generation facilities, including stable pricing signals for large users, (2) strong cash flow-to-debt and debt-to-capital ratios and (3) continuing financial support from its shareholder, the Province of Ontario (the Province; rated AA (low) with a Stable trend by DBRS). The Province, through its agent, the Ontario Electricity Financial Corporation (rated AA (low) with a Stable trend by DBRS), provides most of OPG's financing (approximately 43% of consolidated debt). The Company's remaining debt includes project financing (31%), including projects such as a battery energy storage system proposed near Woodstock, non-recourse debt issued by Fair Hydro Trust (Senior Notes rated AAA (sf), Under Review with Negative Implications by DBRS; 11%), CP (2%) and Senior Notes issued under the Medium Term Note Program (12%).

In March 2019, the Province introduced 'Bill 87, Fixing the Hydro Mess Act, 2019' which includes winding down the Fair Hydro Plan, and later introduced electricity relief to mitigate customer bills during the COVID-19 pandemic. OPG will remain as the Financial Services Manager for the outstanding Fair Hydro Trust debt, which will become obligations of the Province. DBRS does not expect this development to have a material impact on the Company as (1) the Fair Hydro Trust debt will continue to be bankruptcy-remote and ring-fenced from OPG (all debt is non-recourse to the Company) and (2) the credit rating on the Company's investment in the Subordinated Notes (rated AA (sf), Under Review with Negative Implications by DBRS) will likely remain investment grade while the Junior Subordinated Notes (rated A (sf), Under Review with Developing Implications by DBRS) will not necessarily be negatively affected by this change (see the DBRS press release, 'DBRS Maintains Fair Hydro Trust, Series 2018-1 and Series 2018-2 Notes Under Review,' dated March 26, 2019, for more details).

OPG's key credit metrics improved in 2018, following the approval of its 2017-2021 rates application by the Ontario Energy Board in December 2017, alongside the Province's energy-efficiency programs that shape demand. The Company's profitability strengthened significantly, with corporate return on equity (ROE) of 7.8% (adjusted for a $205 million gain on sale of property; 5.1% in 2017) closer to the regulatory allowed ROE of 8.78%. However, DBRS continues to view a positive rating action as unlikely in the short term because of the ongoing large capital expenditures program, including the $12.8 billion Darlington Refurbishment project, amid ongoing oversight following the nuclear alert investigation in Ontario. However, a downgrade could occur should there be significant cost overruns with the Darlington Refurbishment project that result in stranded costs. DBRS notes that the Darlington Refurbishment project is currently on budget and on schedule.

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Gulf Power 40% One-Time Bill Decrease approved by the Florida Public Service Commission delivers a May fuel credit and COVID-19 relief, cutting residential and business costs across rate classes while supporting budgeting and energy savings.

Key Points

PSC-approved fuel credit cutting May electric bills about 40% for homes and 40-55% for businesses as COVID-19 relief.

✅ One-time May fuel credit on customer bills

✅ Residential cut ~40%; business savings 40-55% by rate class

✅ Online tools show daily usage and projected bill

Gulf Power announced that the Florida Public Service Commission unanimously approved its request to issue a one-time decrease of approximately 40% for the typical residential customer bill beginning May 1, similar to recent Georgia Power bill reductions seen elsewhere. Business customers will also see a significant one-time decrease of approximately 40-55% in May, depending on usage and rate class.

"We are pleased that the Florida Public Service Commission has approved our request to deliver this savings to our customers when they need it most. We felt that this was the right thing to do, especially during times like these," said Gulf Power President Marlene Santos. "Our customers and communities now more than ever count on the reliable and affordable energy we deliver, and we are pleased that May bills will reflect this additional, significant savings for our customers."

In Florida, fuel savings are typically refunded to customers over the remainder of the year to provide level, predictable bills. However, given the emergent and significant financial challenges facing many customers due to COVID-19, Gulf Power instead sought approval to give customers the total annual savings in their May bill, similar to a lump-sum electricity credit approach, which will be reflected as a line-item fuel credit on their May statement.

New tools to help save energy and money

Many customers are working from home and, in general, staying at home more. More time and extra people in the home will likely increase power usage, which could lead to higher monthly bills.

Gulf Power recently added new tools to our customers' online account portal to help them better understand and manage their energy usage, including their monthly projected bill amount and a breakdown of daily energy usage, which is available for most residential customers*. Customers can now see their previous day's energy usage using their online account portal to help them more easily understand how their previous day's activities impacted energy usage, allowing them to quickly make adjustments to keep bills low. The new projected bill feature is a valuable tool to assist customers in budgeting for their next month's energy bill.

Additional energy-saving tips that can be implemented with no additional cost or equipment are also available. As always, Gulf Power's free online Energy Checkup tool will provide customers with a customized report based on their home's actual energy use.

Helping customers pay their bills

Gulf Power has a long history of working with its customers during difficult times, including periods of pandemic-related energy insecurity, and will continue to do so. Gulf Power encourages customers that are having difficulty paying their energy bill to visit GulfPower.com/help to view available resources that can provide assistance to qualifying customers.

Customers are encouraged to pay their electric bill balance each month to avoid building up a large balance, which they will continue to bear responsibility for. Gulf Power will work with the customer's personal situation and assist with a solution, similar to how utilities in Texas have waived fees during this period, to help customers fulfill their personal responsibility for their Gulf Power balance.

Those who can afford or want to help others who may need assistance with their energy bill can make a donation to Project SHARE in your online customer portal. Project SHARE donations are added to a customer's monthly bill and all contributions are distributed to local offices of The Salvation Army. Customers in need of utility bill assistance can apply for Project SHARE assistance at The Salvation Army office in their county.

Supporting our communities

The Gulf Power Foundation gave $500,000 to United Way organizations across Northwest Florida to assist those most vulnerable during this time, which has helped support food, housing and other essential needs throughout the region. In addition, the Foundation recently made a $10,000 donation to Feeding the Gulf Coast and launched an employee donation campaign to provide food for our neighbors in need, while Entergy emergency relief fund offers a similar example of industry support. In total, Gulf Power and its fellow NextEra Energy companies and employees have so far committed more than $4 million in COVID-19 emergency assistance funds that will be distributed directly to those in need and to partner organizations working on the frontlines of the crisis to provide critical support to the most vulnerable members of the community.

Lower fuel costs are enabling Gulf Power to issue a one-time decrease of approximately 40% for the typical residential customer bill in May, even as FPL faces a hurricane surcharge controversy in the state
- a significant savings amid the ongoing COVID-19 pandemic

Gulf Power will deliver savings to customers through a one-time bill decrease, rather than the standard practice of spreading out savings over the remainder of the year, even as FPL proposes multi-year rate hikes elsewhere

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Clean Energy Tax Incentives could expand under Democratic proposals, including ITC, PTC, and EV tax credits, boosting renewable energy, energy storage, and grid modernization within a broader infrastructure package influenced by Green New Deal goals.

Key Points

Federal incentives like ITC, PTC, and EV credits that cut costs and speed renewables, storage, and grid upgrades.

✅ Proposes permanence for ITC, PTC, and EV tax credits

✅ Could accelerate solar, wind, storage, and grid upgrades

✅ Passage depends on bipartisan infrastructure compromise

The 115th U.S. Congress has not even adjourned for the winter, and already a newly resurgent Democratic Party is making demands that reflect its majority status in the U.S. House come January.

Climate appears to be near the top of the list. Last Thursday, Senator Chuck Schumer (D-NY), the Democratic Leader in the Senate, sent a letter to President Trump demanding that any infrastructure package taken up in 2019 include “policies and funding to transition to a clean energy economy and mitigate the risks that the United States is already facing due to climate change.”

And in a list of policies that Schumer says should be included, the top item is “permanent tax incentives for domestic production of clean electricity and storage, energy efficient homes and commercial buildings, electric vehicles, and modernizing the electric grid.”

In concrete terms, this could mean an extension of the Investment Tax Credit (ITC) for solar and energy storage, the Production Tax Credit (PTC) for wind and the federal electric vehicle (EV) tax credit program as well.

Pressure from the Left

This strong statement on climate change, clean energy and infrastructure investment comes as at least 30 incoming members of the U.S. House of Representatives have signed onto a call for the creation of a committee to explore a “Green New Deal” and to move the nation to 100% renewable energy by 2030.*

It also comes as Schumer has come under fire by activists for rumors that he plans to replace Senator Maria Cantwell (D-Washington) with coal state Democrat Joe Manchin (D-West Virginia) as the top Democrat on the Senate Energy and Natural Resources Committee.

As such, one possible way to read these moves is that centrist leaders like Schumer are responding to pressure from an energized and newly elected Left wing of the Democratic Party. It is notable that Schumer’s program includes many of the aims of the Green New Deal, while avoiding any explicit use of that phrase.

Implications of a potential ITC extension

The details of levels and timelines are important here, particularly for the ITC.

The ITC was set to expire at the end of 2016, but was extended in legislative horse-trading at the end of 2015 to a schedule where it remains at 30% through the end of 2019 and then steps down for the next three years, and disappears entirely for residential projects. Since that extension the IRS has issued guidance around the use of co-located energy storage, as well as setting a standard under which PV projects can claim the ITC for the year that they begin construction.

This language around construction means that projects can start work in 2019, complete in 2023 and still claim the 30% ITC, and this may be why we at pv magazine USA are seeing an unprecedented boom in project pipelines across the United States.

Of course, if the ITC were to become permanent some of those projects would be pushed out to later years. But as we saw in 2016, despite an extension of the ITC many projects were still completed before the deadline, leading to the largest volume of PV installed in the United States in any one year to date.

This means that if the ITC were extended by the end of 2020, we could see the same thing all over again – a boom in projects created by the expected sunset, and then after a slight lull a continuation of growth.

Or it is possible that a combination of raw economics, increased investor and utility interest, and accelerating renewable energy mandates will cause solar growth rates to continue every year, and that any changes in the ITC will only be a bump against a larger trend.

While the basis for expiration of the EV tax credit is the number of vehicles sold, not any year, both the battery storage and EV industries, which many see at an inflection point, could see similar effects if the ITC and EV tax credits are made permanent.

Will consensus be reached?

It is also unclear that any such infrastructure package will be taken up by Republicans, or that both parties will be able to come to a compromise on this issue. While the U.S. Congress passed an infrastructure bill in 2017, given the sharp and growing differences between the two parties, and divergent trade approaches such as the 100% tariff on Chinese-made EVs, it is not clear that they will be able to come to a meaningful compromise during the next two years.

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