Utility counsel for consumers may disappear in Texas

By Houston Chronicle


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With electricity rates rising sharply in the 18 months under deregulation, now is not the time to eliminate the independent state agency that represents residential customers, the agency's leader testified recently.

The Office of Public Utility Counsel also received support from consumer advocates and even from the electric companies it regularly opposes in rate cases. John Fainter, president of the Association of Electric Companies of Texas, said the industry understands the public policy goal of having a vigorous advocate for consumers.

The Sunset Advisory Commission recently heard recommendations to ease the transition to electric and telecommunications competition.

The commission, a 12-member body of legislators and public members appointed by the lieutenant governor and House speaker, regularly assesses the need for state agencies to exist.

Advisory commission staff said the state should continue the Public Utility Commission for 12 years. But the staff said Texas no longer needs the Office of Public Utility Counsel, a stand-alone agency that advocates solely on behalf of residential and small commercial customers.

The $1.7 million office has represented rate payers in cases such as CenterPoint Energy's attempt this summer to recoup $4.4 billion in so-called stranded costs from customers. The counsel's office found the company was due only $248 million, although the PUC has not yet ruled in the case.

The Sunset Commission staff report said that, following recent changes in utility regulation, the attorney general's office could handle representation of consumers in the few remaining rate cases. It said the PUC staff could evaluate decisions made by the commission and the Electric Reliability Council of Texas, which manages the state power grid.

Rep. Burt Solomons, R-Carrollton, said it appears that the utility counsel's efforts often are duplicated by lawyers representing larger electric users seeking lower rates.

However, Suzi McClellan, who heads the utility counsel's office, said rates have risen between 28 percent and 47 percent for most Texans since electric competition began in January 2002. Industry officials blamed the increases on the price of natural gas, which fires many electricity-generating plants.

"A customer impact statement is inadequate compared to the full legal representation that customers currently enjoy," McClellan said.

McClellan said her office employed the only lawyers representing customers of New Power Co. when that Enron spinoff went bankrupt in 2002. She said her efforts recovered more than $1 million in benefits for those customers.

The Sunset Commission also heard recommendations to improve the electric reliability council. The staff report found that the council needs standards for independence and accountability and recommended the 14-member governing board, drawn largely from the electric industry, should be replaced with a nine-member independent board.

The council, a not-for-profit organization, also should be required to submit detailed financial information to the PUC, which sets a fee paid by electric users that funds the council.

The PUC is planning an audit of the council following allegations that some former staffers awarded security contracts in deals they benefited from.

Mike Greene, chairman of the council's board of directors, said the actions of a "small number of rogue employees" did not affect grid reliability or market operations.

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Europeans push back from Russian oil and gas

EU Renewable Energy Transition is accelerating under REPowerEU, as wind and solar generation hit records, improving energy security, efficiency, and decarbonization while reducing reliance on Russian fossil fuels across the EU grid.

 

Key Points

EU shift to wind and solar under REPowerEU to cut fossil fuels, boost efficiency, and secure energy supply.

✅ Wind and solar set record 22% of EU electricity in 2022

✅ REPowerEU targets over 40% renewables and 15% lower demand by 2030

✅ Diversifies away from Russian fuels; partners with US and Norway

 

Europe is producing all-time highs of wind and solar energy as the 27-country group works to reduce its reliance on fossil fuels from Russia, a shift underscored by Europe's green surge across the bloc.

Four months after Vladimir Putin’s full-scale invasion of Ukraine in February 2022, the European Commission launched REPowerEU. This campaign aims to:

  • Boost the use of renewable energy.
  • Reduce overall energy consumption.
  • Diversify energy sources.

EU countries were already moving toward renewable energy, but Russia’s war against Ukraine accelerated that trend. In 2022, for the first time, renewables surpassed fossil fuels and wind and solar power surpassed gas as a source of electricity. Wind and solar provided a record-breaking 22% of EU countries’ electrical supply, according to London-based energy think tank Ember.

“We have to double down on investments in home-grown renewables,” European Commission President Ursula von der Leyen said in October 2022. “Not only for the climate but also because the transition to the clean energy is the best way to gain independence and to have security of energy supply.”

Across the continent, growth in solar generation rose by 25% in 2022, according to Ember, as solar reshapes electricity prices in Northern Europe. Twenty EU countries produced their highest share of solar power in 2022. In October, Greece ran entirely on renewables for several hours and is seven years ahead of schedule for its 2030 solar capacity target.

Meanwhile, Ireland's green electricity target aims to make more than a third of its power supply renewable within four years.

By 2030, RePowerEU aims to provide more than 40% of the EU’s total power from renewables, aligning with global renewable records being shattered worldwide.

To meet the European Commission’s goal to cut EU energy usage by 15%, people and governments changed their habits and became more energy-efficient, while Germany's solar power boost helped bolster supply. Among their actions:

  • Germany turned down the heat in public buildings and lowered the cost of train tickets to reduce car usage, as clean energy hit 50% in Germany during this period.
  • Spain ordered stores and public buildings to turn off their lights at night.
  • France dimmed the Eiffel Tower and reduced city speed limits.

For the oil and gas that the EU still needed to import, countries turned to partners such as Norway and the United States.

 

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Enel kicks off 90MW Spanish wind build

Enel Green Power España Aragon wind farms advance Spain's renewable energy transition, with 90MW under construction in Teruel, Endesa investment of €88 million, 25-50MW turbines, and 2017 auction-backed capacity enhancing grid integration and clean power.

 

Key Points

They are three Teruel wind projects totaling 90MW, part of Endesa's 2017-awarded plan expanding Spain's clean energy.

✅ 90MW across Sierra Costera I, Allueva, and Sierra Pelarda

✅ €88m invested; 14+7+4 turbines; Endesa-led build in Teruel

✅ Part of 2017 tender: 540MW wind, 339MW solar, nationwide

 

Enel Green Power Espana, part of Enel's wind projects worldwide, has started constructing three wind farms in Aragon, north-east Spain, which are due online by the end of the year.

The projects, all situated in the Teruel province, are worth a total investment of €88 million.

The biggest of the facilities, Sierra Costera I, will have a 50MW and will feature 14 turbines.

The wind farm is spread across the municipalities of Mezquita de Jarque, Fuentes Calientes, Canada Vellida and Rillo.

The Allueva wind facility will feature seven turbines and will exceed 25MW.

Sierra Pelarda, in Fonfria, will have four turbines and a capacity of 15MW, as advances in offshore wind turbine technology continue to push scale elsewhere.

The projects bring the total number of wind farms that Enel Green Power Espana has started building in the Teruel province to six, equal to an overall capacity of 218MW.

Endesa chief executive Jose Bogas said: “These plants mark the acceleration on a new wave of growth in the renewable energy space that Endesa is committed to pursue in the next years, driving the energy transition in Spain.”

The six wind farms under construction in Teruel are part of the 540MW that Enel Green Power Espana was awarded in the Spanish government's renewable energy tender held in May 2017.

In Aragon, the company will invest around €434 million euros, reflecting broader European wind power investment trends in recent years, to build 13 wind farms with a total installed capacity of more than 380MW.

The remaining 160MW of wind capacity will be located in Andalusia, Castile-Leon, Castile La Mancha and Galicia, even as some Spanish turbine factories closed during pandemic restrictions.

Enel Green Power Espana was also awarded 339MW of solar capacity in the Spanish government's auction held in July 2017, while other Spanish developers advance CSP projects abroad in markets like Chile.

Once all wind and solar under the 2017 tender are complete they will boost the company’s capacity by around 52%.

 

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Ireland goes 25 days without using coal to generate electricity

Ireland Coal-Free Electricity Record: EirGrid reports 25 days without coal on the all-island grid, as wind power, renewables, and natural gas dominated generation, cutting CO2 emissions, with Moneypoint sidelined by market competitiveness.

 

Key Points

It is a 25-day period when the grid used no coal, relying on gas and renewables to reduce CO2 emissions.

✅ 25 days coal-free between April 11 and May 7

✅ Gas 60%, renewables 30% of generation mix

✅ Eurostat: 6.8% drop in Ireland's CO2 emissions

 

The island of Ireland has gone a record length of time without using coal-fired electricity generation on its power system, Britain's week-long coal-free run providing a recent comparator, Eirgrid has confirmed.

The all-island grid operated without coal between April 11th and May 7th – a total of 25 days, it confirmed. This is the longest period of time the grid has operated without coal since the all-island electricity market was introduced in 2007, echoing Britain's record coal-free stretch seen recently.

Ireland’s largest generating station, Moneypoint in Co Clare, uses coal, with recent price spikes in Ireland fueling concerns about dispatchable capacity, as do some of the larger generation sites in Northern Ireland.

The analysis coincides with the European statistics agency, Eurostat publishing figures showing annual CO2 emissions in Ireland fell by 6.8 per cent last year; partly due to technical problems at Moneypoint.

Over the 25-day period, gas made up 60 per cent of the fuel mix, while renewable energy, mainly wind, accounted for 30 per cent, echoing UK wind surpassing coal in 2016 across the market. Coal-fired generation was available during this period but was not as competitive as other methods.

EirGrid group chief executive Mark Foley said this was “a really positive development” as coal was the most carbon intense of all electricity sources, with its share hitting record lows in the UK in recent years.

“We are acutely aware of the challenges facing the island in terms of meeting our greenhouse gas emission targets, mindful that low-carbon generation stalled in the UK in 2019, through the deployment of more renewable energy on the grid,” he added.

Last year 33 per cent of the island’s electricity came from renewable energy sources, German renewables surpassing coal and nuclear offering a parallel milestone, a new record. Coal accounted for 9 per cent of electricity generation, down from 12.9 per cent in 2017.

 

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Salmon and electricity at center of Columbia River treaty negotiations

Columbia River Treaty Negotiations involve Canada-U.S. talks on B.C. dams, flood control, hydropower sharing, and downstream benefits, prioritizing ecosystem health, First Nations rights, and salmon restoration while balancing affordable electricity for northwest consumers.

 

Key Points

Talks to update flood control, hydropower, and ecosystem terms for fair benefits to B.C. and U.S. communities.

✅ Public consultations across B.C.'s Columbia Basin

✅ First Nations priorities include salmon restoration

✅ U.S. seeks cheaper power; B.C. defends downstream benefits

 

With talks underway between Canada and the U.S. on the future of the Columbia River Treaty, the B.C. New Democrats have launched public consultations in the region most affected by the high-stakes negotiation.

“We want to ensure Columbia basin communities are consulted, kept informed and have their voices heard,” said provincial cabinet minister Katrine Conroy via a press release announcing meetings this month in Castlegar, Golden, Revelstoke, Nakusp, Nelson and other communities.

As well as having cabinet responsibility for the talks, Conroy’s Kootenay West riding includes several places that were inundated under the terms of the 1964 flood control and power generation treaty.

“We will continue to work closely with First Nations affected by the treaty, to ensure Indigenous interests are reflected in the negotiations,” she added by way of consolation to Indigenous people who’ve been excluded from the negotiating teams on both sides of the border.

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The stakes are also significant for the province as a whole. The basics of the treaty saw B.C. build dams to store water on this side of the border, easing the flood risk in the U.S. and allowing the flow to be evened out through the year. In exchange, B.C. was entitled to a share of the additional hydro power that could be generated in dams on the U.S. side.

B.C.’s sale of those downstream benefits to the U.S has poured almost $1.4 billion into provincial coffers over the past 10 years, albeit at a declining rate these days amid scrutiny from a regulator report on BC Hydro that raised concerns, because of depressed prices for cross-border electricity sales.

Politicians on the U.S. side have long sought to reopen the treaty, believing there was now a case for reducing B.C.’s entitlement.

They did not get across the threshold under President Barack Obama.

Then, last fall his successor Donald Trump served notice of intent, initiating the formal negotiations that commenced with a two day session last week in Washington, D.C. The next round is set for mid-August in B.C.

American objectives in the talks include “continued, careful management of flood risk; ensuring a reliable and economical power supply; and better addressing ecosystem concerns,” with recognition of recent BC Hydro demand declines during the pandemic.

“Economical power supply,” being a diplomatic euphemism for “cheaper electricity for consumers in the northwest states,” achievable by clawing back most of B.C.’s treaty entitlement.

On taking office last summer, the NDP inherited a 14-point statement of principles setting out B.C. hopes for negotiations to “continue the treaty” while “seeking improvements within the existing framework” of the 54-year-old agreement.

The New Democrats have endorsed those principles in a spirit of bipartisanship, even as Manitoba Hydro governance disputes play out elsewhere in Canada.

“Those principles were developed with consultation from throughout the region,” as Conroy advised the legislature this spring. “So I was involved, as well, in the process and knew what the issues were, right as they would come up.”

The New Democrats did chose to put additional emphasis on some concerns.

“There is an increase in discussion with Canada and First Nations on the return of salmon to the river,” she advised the house, recalling how construction of the enormous Grand Coulee Dam on the U.S. side in the 1930s wiped out salmon runs on the upper Columbia River.

“There was no consideration then for how incredibly important salmon was, especially to the First Nations people in our region. We have an advisory table that is made up of Indigenous representation from our region, and also we are discussing with Canada that we need to see if there’s feasibility here.”

As to feasibility, the obstacles to salmon migration in the upper reaches of the Columbia include the 168-metre high Grand Coulee and the 72-metre Chief Joseph dams on the U.S. side, plus the Keenleyside (52 metres), Revelstoke (175 metres) and Mica (240 metres) dams on the Canadian side.

Still, says Conroy “the First Nations from Canada and the tribes from the United States, have been working on scientific and technical documents and research to see if, first of all, the salmon can come up, how they can come up, and what the things are that have to be done to ensure that happens.”

The New Democrats also put more emphasis on preserving the ecosystem, aligning with clean-energy efforts with First Nations that support regional sustainability.

“I know that certainly didn’t happen in 1964, but that is something that’s very much on the minds of people in the Columbia basin,” said Conroy. “If we are going to tweak the treaty, what can we do to make sure the voices of the basin are heard and that things that were under no consideration in the ’60s are now a topic for consideration?”

With those new considerations, there’s still the status quo concern of preserving the downstream benefits as a trade off for the flooding and other impacts on this side of the border.

The B.C. position on that score is the same under the New Democrats as it was under the Liberals, despite a B.C. auditor general report on deferred BC Hydro costs.

“The level of benefits to B.C., which is currently solely in the form of the (electricity) entitlement, does not account for the full range of benefits in the U.S. or the impacts in B.C.,” says the statement of principle.

“All downstream U.S. benefits such as flood risk management, hydropower, ecosystems, water supply (including municipal, industrial and agricultural uses), recreation, navigation and other related benefits should be accounted for and such value created should be shared equitably between the two countries.”

No surprise if the Americans do not see it the same way.  But that is a topic for another day.

 

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Ontario Energy minister downplays dispute between auditor, electricity regulator

Ontario IESO Accounting Dispute highlights tensions over public sector accounting standards, auditor general oversight, electricity market transparency, KPMG advice, rate-regulated accounting, and an alleged $1.3B deficit understatement affecting Hydro bills and provincial finances.

 

Key Points

A PSAS clash between Ontario's auditor general and the IESO, alleging a $1.3B deficit impact and transparency failures.

✅ Auditor alleges deficit understated by $1.3B

✅ Dispute over PSAS vs US-style accounting

✅ KPMG support, transparency and co-operation questioned

 

The bad blood between the Ontario government and auditor general bubbled to the surface once again Monday, with the Liberal energy minister downplaying a dispute between the auditor and the Crown corporation that manages the province's electricity market, even as the government pursued legislation to lower electricity rates in the province.

Glenn Thibeault said concerns raised by auditor general Bonnie Lysyk during testimony before a legislative committee last week aren't new and the practices being used by the Independent Electricity System Operator are commonly endorsed by major auditing firms.

"(Lysyk) doesn't like the rate-regulated accounting. We've always said we've relied on the other experts within the field as well, plus the provincial controller," Thibeault said.

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"We believe that we are following public sector accounting standards."

Thibeault said that Ontario Power Generation, Hydro One and many other provinces and U.S. states use the same accounting practices.

"We go with what we're being told by those who are in the field, like KPMG, like E&Y," he said.

But a statement from Lysyk's office Monday disputed Thibeault's assessment.

"The minister said the practices being used by the IESO are common in other jurisdictions," the statement said.

"In fact, the situation with the IESO is different because none of the six other jurisdictions with entities similar to the IESOuse Canadian Public Sector Accounting Standards. Five of them are in the United States and use U.S. accounting standards."

Lysyk said last week that the IESO is using "bogus" accounting practices and her office launched a special audit of the agency late last year after the agency changed their accounting to be more in line with U.S. accounting, following reports of a phantom demand problem that cost customers millions.

Lysyk said the accounting changes made by the IESO impact the province's deficit, understating it by $1.3 billion as of the end of 2017, adding that IESO "stalled" her office when it asked for information and was not co-operative during the audit.

Lysyk's full audit of the IESO is expected to be released in the coming weeks and is among several accounting disputes her office has been engaged in with the Liberal government over the past few years.

Last fall, she accused the government of purposely obscuring the true financial impact of its 25% hydro rate cut by keeping billions in debt used to finance that plan off the province's books. Lysyk had said she would audit the IESO because of its role in the hydro plan's complex accounting scheme.

"Management of the IESO and the board would not co-operate with us, in the sense that they continually say they're co-operating, but they stalled on giving us information," she said last week.

Terry Young, a vice-president with the IESO, said the agency has fully co-operated with the auditor general. The IESO opened up its office to seven staff members from the auditor's office while they did their work.

"We recognize the work that she's doing and to that end we've tried to fully co-operate," he said. "We've given her all of the information that we can."

Young said the change in accounting standards is about ensuring greater transparency in transactions in the energy marketplace.

"It's consistent with many other independent electricity system operators are doing," he said.

Lysyk also criticized IESO's accounting firm, KPMG, for agreeing with the IESO on the accounting standards. She was critical of the firm billing taxpayers for nearly $600,000 work with the IESO in 2017, compared to their normal yearly audit fee of $86,500.

KPMG spokeswoman Lisa Papas said the accounting issues that IESO addressed during 2017 were complex, contributing to the higher fees.

The accounting practices the auditor is questioning are a "difference of professional judgement," she said.

"The standards for public sector organizations such as IESO are principles-based standards and, accordingly, require the exercise of considerable professional judgement," she said in a statement.

"In many cases, there is more than one acceptable approach that is compliant with the applicable standards."

Progressive Conservative energy critic Todd Smith said the government isn't being transparent with the auditor general or taxpayers, aligning with calls for cleaning up Ontario's hydro mess in the sector.

"Obviously, they have some kind of dispute but the auditor's office is saying that the numbers that the government is putting out there are bogus.

Those are her words," he said. "We've always said that we believe the auditor general's are the true numbers for the
province of Ontario."

NDP energy critic Peter Tabuns said the Liberal government has decided to "play with accounting rules" to make its books look better ahead of the spring election, despite warnings that electricity prices could soar if costs are pushed into the future.

 

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Canada Makes Historic Investments in Tidal Energy in Nova Scotia

Canada Tidal Energy Investment drives Nova Scotia's PLAT-I floating tidal array at FORCE, advancing renewable energy, clean electricity, emissions reductions, and green jobs while delivering 9 MW of predictable ocean power to the provincial grid.

 

Key Points

Federal funding for a floating tidal array delivering 9 MW of clean power in Nova Scotia, cutting annual CO2 emissions.

✅ $28.5M for Sustainable Marine's PLAT-I floating array

✅ Delivers 9 MW to Nova Scotia's grid via FORCE

✅ Cuts 17,000 tonnes CO2 yearly and creates local jobs

 

Canada has an abundance of renewable energy sources that are helping power our country's clean growth future and the Government of Canada is investing in renewable energy and grid modernization to reduce emissions, create jobs and invigorate local economies in a post COVID-19 pandemic world.

The Honourable Seamus O'Regan, Canada's Minister of Natural Resources, today announced one of Canada's largest-ever investments in tidal energy development — $28.5 million to Sustainable Marine in Nova Scotia to deliver Canada's first floating tidal energy array.

Sustainable Marine developed an innovative floating tidal energy platform called PLAT-I as part of advances in ocean and river power technologies that has undergone rigorous testing on the waters of Grand Passage for nearly two years. A second platform is currently being assembled in Meteghan, Nova Scotia and will be launched in Grand Passage later this year for testing before relocation to the Fundy Ocean Research Centre for Energy (FORCE) in 2021. These platforms will make up the tidal energy array.  

The objective of the project is to provide up to nine megawatts of predictable and clean renewable electricity to Nova Scotia's electrical grid infrastructure. This will reduce greenhouse gas emissions by 17,000 tonnes of carbon dioxide a year while creating new jobs in the province. The project will also demonstrate the ability to harness tides as a reliable source of renewable electricity to power homes, vehicles and businesses.

Tidal energy — a clean, renewable energy source generated by ocean tides and currents, alongside evolving offshore wind regulations that support marine renewables — has the potential to significantly reduce Canada's greenhouse gas emissions and improve local air quality by displacing electricity generated from fossil fuels.

Minister O'Regan made the announcement at the Marine Renewables Canada 2020 Fall Forum, which brings together its members and industry to identify opportunities and strategize a path forward for marine renewable energy sources.

Funding for the project comes from Natural Resources Canada's Emerging Renewables Power Program, part of Canada's more than $180-billion Investing in Canada infrastructure plan for public transit projects, green infrastructure, social infrastructure, trade and transportation routes and Canada's rural and northern communities, as Prairie provinces' renewable growth accelerates nationwide.

 

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