Former Westar executive seeks to have utility held in contempt

By Knight Ridder Tribune


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Former Westar Energy executive Douglas Lake has upped the ante in his battle with the company over payment of his legal fees.

The utility's one-time chief strategic officer filed a motion in federal court seeking to have Westar held in civil contempt. The motion came after U.S. District Judge Julie Robinson ordered Westar to pay half the past-due legal fees of Lake's attorneys and those of former Westar Chairman and Chief Executive David Wittig. Lake contends Westar willfully disobeyed Robinson's order by seeking to have him post an equivalent bond, plus $1 million to secure future fees.

"Westar's motion is a sham, with no basis either procedurally or substantively, designed only to delay compliance with the Court's Order," the motion alleges.

Karla Olsen, a Westar spokeswoman, declined to comment on the motion, saying the company had not had a chance to review it. Lake and Wittig were indicted on charges of looting the Topeka-based utility and face a third trial in January. Their first trial ended in a mistrial. The two were convicted in a second trial, but a federal appeals court this year tossed out the convictions.

Under Westar's articles of incorporation, the utility is required to pay any costs that Wittig and Lake incur in civil or criminal proceedings, unless they are found guilty of a crime. The battle over the men's legal fees is shaping up as a major bone of contention and could even lead to the dismissal of their indictment.

Earlier, a federal judge in New York dismissed indictments against 13 of 16 former executives of KPMG after finding the government had pressured the accounting firm to cut off payment of their legal fees. Westar paid the attorney fees incurred by Wittig and Lake in their first trial, nearly $4.7 million in Lake's case. But asserting that the fees were excessive, the utility refused to pay the fees they incurred in their second trial.

Lake claims his fees amounted to $7.3 million. In her order, Robinson directed Westar to pay more than $3.15 million in past-due fees to Lake. She also told Westar to advance all of his legal fees and expenses in his third trial and, if necessary, appeal.

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Consumers Coalition wants Manitoba Hydro?s proposed rate increase rejected

Manitoba Hydro Interim Rate Increase faces PUB scrutiny as consumers coalition challenges a 5% electricity rate hike, citing drought planning, retained earnings, affordability, transparency, and impacts on fixed incomes and northern communities.

 

Key Points

A proposed 5% electricity rate hike under PUB review, opposed by consumers citing drought planning and affordability.

✅ Coalition backs 2% hike; 5% seen as undue burden

✅ PUB review sought; interim process lacks transparency

✅ Retained earnings, efficiencies cited to offset drought

 

The Consumers Coalition is urging the Public Utilities Board (PUB) to reject Manitoba Hydro’s current interim rate increase application, amid ongoing debates about Hydro governance and policy.

Hydro is requesting a five per cent jump in electricity rates starting on January 1, claiming drought conditions warrant the increase but the coalition disagrees, saying a two per cent increase would be sufficient.

The coalition, which includes Harvest Manitoba, the Consumers’ Association of Canada-Manitoba, and the Aboriginal Council of Winnipeg, said a 5 per cent rate increase would put an unnecessary strain on consumer budgets, especially for those on fixed incomes or living up north.

"We feel that, in many ways, Manitobans have already paid for this drought," said Gloria Desorcy, executive director of the Consumers’ Association of Canada - Manitoba.

The coalition argues that hydroelectric companies already plan for droughts and that hydro should be using past earnings to mitigate any losses.

The group claims drought conditions would have added about 0.8 per cent to Hydro’s bottom line. They said remaining revenues from a two per cent increase could then be used to offset the increased costs of major projects like the Keeyask generating station and service its growing debt obligations.

The group also said Hydro is financially secure and is projecting a positive net income of $112 million next year without rate increases, even as utility profits can swing with market conditions, assuming the drought doesn’t continue.

They argue Hydro can use retained earnings as a tool to mitigate losses, rather than relying on deferral accounting that shifts costs, and find further efficiencies within the corporation.

"So we said two per cent, which is much more palatable for consumers especially at the time when so many consumers are struggling with so many higher bills,” said Desorcy.

According to the coalition’s calculations, that works out to a $2-4 increase per month, and debates such as ending off-peak pricing in Ontario show how design affects bills, depending on whether electricity is used for heating, but it could be higher.

The coalition said their proposed two per cent rate increase should be applied to all Manitoba Hydro customers and have a set expiration date of January 1, 2023.

Another issue, according to the coalition, is the process of an interim rate application does not provide any meaningful transparency and accountability, whereas recent OEB decisions in Ontario have outlined more robust public processes.

Desorcy said the next step is up to the PUB, though board upheaval at Hydro One in Ontario shows how governance shifts can influence outcomes.

The board is expected to decide on the proposed increase in the next couple of weeks.

 

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Ottawa sets out to protect its hydro heritage

Ottawa Hydro Substation Heritage Designation highlights Hydro Ottawa's 1920s architecture, Art Deco facades, and municipal utility history, protecting key voltage-reduction sites in Glebe, Carling-Merivale, Holland, King Edward, and Old Ottawa South.

 

Key Points

A city plan to protect Hydro Ottawa's 1920s substations for architecture, utility role, and civic electrical heritage.

✅ Protects five operating voltage-reduction sites citywide

✅ Recognizes Art Deco and early 20th century utility architecture

✅ Allows emergency demolition to ensure grid safety

 

The city of Ottawa is looking to designate five hydro substations built nearly a century ago as heritage structures, a move intended to protect the architectural history of Ottawa's earliest forays into the electricity business, even as Ottawa electricity consumption has shifted in recent years.

All five buildings are still used by Hydro Ottawa to reduce the voltage coming from transmission lines before the electricity is transmitted to homes and businesses, and when severe weather causes outages, Sudbury Hydro crews work to reconnect service across communities.

Electricity came to Ottawa in 1882 when two carbon lamps were installed on LeBreton Flats, heritage planner Anne Fitzpatrick told the city's built heritage subcommittee on Tuesday. It became a lucrative business, and soon a privately owned monopoly that drew public scrutiny similar to debates over retroactive charges in neighboring jurisdictions.

In 1905, city council held a special meeting to buy the electrical company, which led to a dramatic drop in electricity rates for residents, a contrast with recent discussions about peak hydro rates for self-isolating customers.

The substations are now owned by Hydro Ottawa, which agreed to the heritage designations on the condition it not be prevented from emergency demolitions if it needs to address incidents such as damaging storms in Ontario while it works to "preserve public safety and the continuity of critical hydro electrical services."

Built in 1922, the substation at the intersection of Glebe and Bronson avenues was the first to be built by the new municipal electrical department, long before modern battery storage projects became commonplace on Ontario's grid.

The largest of the substations being protected dates back to 1929 and is found at the corner of Carling Avenue and Merivale Road. It was built to accommodate a growing population in areas west of downtown including Hintonburg and Mechanicsville.

The substation on Holland Avenue near the Queensway is different from the others because it was built in 1924 to serve the Ottawa Electric Railway Company. The streetcar company operated from 1891 to 1959, and urban electrical infrastructure can face failures such as the Hydro-Québec manhole fire that left thousands without power.

This substation on King Edward Avenue was built in 1931 and designed by architect William Beattie, who also designed York Street Public School in Lowertown and the substation on Carling Avenue. 

The last substation to be built in a 'bold and decorative style' is at 39 Riverdale Ave. in Old Ottawa South, according to city staff. It was designed in an Art Deco style by prominent architect J. Albert Ewart, who was also behind the Civic Hospital and nearby Southminster Church on Bank Street.

 

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Europe's EV Slump Sounds Alarm for Climate Goals

Europe EV Sales Slowdown signals waning incentives, economic uncertainty, and supply chain constraints, threatening climate targets and net-zero emissions goals while highlighting the need for charging infrastructure, affordable batteries, and policy support across key markets.

 

Key Points

Europe's early-2024 EV registrations fell as incentives waned and supply gaps persisted, putting climate targets at risk.

✅ Fewer subsidies and tax breaks cut EV affordability

✅ Inflation and recession fears dampen car purchases

✅ Supply-chain and lithium constraints limit availability

 

A recent slowdown in Europe's electric vehicle (EV) sales raises serious concerns about the region's ability to achieve its ambitious climate targets.  After years of steady growth, new EV registrations declined in key markets like Norway, Germany, and the U.K. in early 2024. Experts are warning that this slump jeopardizes the transition away from fossil fuels and could undermine Europe's commitment to a net-zero emissions future.

 

Factors Behind the Decline

Several factors are contributing to the slowdown in EV sales:

  • Reduced Incentives: Many European countries have scaled back generous subsidies and tax breaks for EV purchases. While these incentives played a crucial role in driving early adoption, their reduction has made EVs less financially attractive for some consumers, with many U.K. buyers citing higher prices even after discounts.
  • End of ICE Ban Support: Public support for phasing out gasoline and diesel-powered cars by 2035, a key European Union policy, appears to be waning in some areas. Without robust support for this measure, consumers may be less inclined to embrace the transition to electric vehicles.
  • Economic Uncertainty: Rising inflation and fears of a recession in Europe have made consumers hesitant to invest in big-ticket purchases like new cars, regardless of fuel type. This economic uncertainty is impacting both electric and conventional vehicle sales.
  • Supply Chain Constraints: Ongoing supply chain disruptions and shortages of raw materials like lithium continue to impact the availability of affordable electric vehicles. This means potential buyers face long wait times or inflated prices even when they're ready to embrace EVs.

 

Consequences for Europe's Green Agenda

The decline in EV sales threatens Europe's plans to reduce carbon emissions and become the first climate-neutral continent by 2050, aligning with a broader push for electricity to address the climate dilemma across Europe. The transportation sector is a major contributor to greenhouse gas emissions, and the rapid electrification of vehicles is a pillar of Europe's decarbonization strategy.

The current slump highlights the need for continued policy support for the EV market, as EVs still trail gas models in many markets today, to ensure long-term growth and affordability for consumers. Without action, experts fear that Europe may find itself locked into a dependence on fossil fuels for decades to come, making its climate targets unreachable.

 

A Global Concern

Europe is a leader in electric vehicle policies and technology, during a period when global EV sales climbed markedly. The recent slowdown, however, sends a worrying signal to other regions around the world aiming to accelerate their transition to electric vehicles, including the U.S. market's Q1 dip as a cautionary example. It underscores the importance of sustained government support, investment in charging infrastructure and overcoming supply chain challenges to secure a future of widespread electric vehicle use, with many forecasts suggesting mass adoption within a decade if support continues.

 

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Extreme Heat Boosts U.S. Electricity Bills

Extreme Heat and Rising Electricity Bills amplify energy costs as climate change drives air conditioning demand, stressing the power grid and energy affordability, with low income households facing outsized burdens during prolonged heat waves.

 

Key Points

Heat waves from climate change raise AC demand, driving up electricity costs and straining energy affordability.

✅ More AC use spikes electricity demand during heat waves

✅ Low income households face higher energy burden

✅ Grid reliability risks rise with peak cooling loads

 

Extreme heat waves are not only straining public health systems but also having a significant impact on household finances, particularly through rising electricity bills. According to a recent AP-NORC poll, a growing number of Americans are feeling the financial pinch as soaring temperatures drive up the cost of cooling their homes. This development underscores the broader implications of climate change and its effects on everyday life.

The AP-NORC poll highlights that a majority of Americans are experiencing increased electricity costs as a direct result of extreme heat. As temperatures climb, so does the demand for air conditioning and other cooling systems. This increased energy consumption is contributing to higher utility bills, which can put additional strain on household budgets.

Extreme heat waves have become more frequent and intense due to climate change, which has led to a greater reliance on air conditioning to maintain comfortable indoor environments. Air conditioners and fans work harder during heat waves, and wasteful air conditioning can add around $200 to summer bills, consuming more electricity and consequently driving up energy bills. For many households, particularly those with lower incomes, these increased costs can be a significant burden.

The poll reveals that the impact of rising electricity bills is widespread, affecting a diverse range of Americans. Households across different income levels and geographic regions are feeling the heat, though the extent of the financial strain can vary. Lower-income households are particularly vulnerable, as they often have less flexibility in their budgets to absorb higher utility costs. For these families, the choice between cooling their homes and other essential expenses can be a difficult one.

In addition to financial strain, the poll highlights concerns about energy affordability and access. As electricity bills rise, some Americans may face challenges in paying their bills, leading to potential utility shut-offs or the need to make difficult choices between cooling and other necessities. This situation is exacerbated by the fact that many utility companies do not offer sufficient assistance or relief programs to help low-income households manage their energy costs.

The increasing frequency of extreme heat events and the resulting spike in electricity consumption also have broader implications for the energy infrastructure. Higher demand for electricity can strain power grids, as seen when California narrowly avoided blackouts during extreme heat, potentially leading to outages or reduced reliability. Utilities and energy providers may need to invest in infrastructure upgrades and maintenance to ensure that the grid can handle the increased load during heat waves.

Climate change is a key driver of the rising temperatures that contribute to higher electricity bills. As global temperatures continue to rise, extreme heat events are expected to become more common and severe, and experts warn the US electric grid was not designed to withstand these impacts. This trend underscores the need for comprehensive strategies to address both the causes and consequences of climate change. Efforts to reduce greenhouse gas emissions, improve energy efficiency, and invest in renewable energy sources are critical components of a broader climate action plan.

Energy efficiency measures can play a significant role in mitigating the impact of extreme heat on electricity bills. Upgrading to more efficient cooling systems, improving home insulation, and adopting smart thermostats can help reduce energy consumption and lower utility costs. Additionally, utility companies and government programs can offer incentives and rebates, including ways to tap new funding that help encourage energy-saving practices and support households in managing their energy use.

The poll also suggests that there is a growing awareness among Americans about the connection between climate change and rising energy costs. Many people are becoming more informed about the ways in which extreme weather events and rising temperatures impact their daily lives. This increased awareness can drive demand for policy changes and support for initiatives aimed at addressing climate change and improving energy efficiency, with many willing to contribute income to climate efforts, about the connection between climate change and rising energy costs.

In response to the rising costs and the impact of extreme heat, there are calls for policy interventions and support programs to help manage energy affordability. Proposals include expanding assistance programs for low-income households, investing in infrastructure improvements, and promoting energy efficiency initiatives alongside steps to make electricity systems more resilient to climate risks. By addressing these issues, policymakers can help alleviate the financial burden on households and support a more resilient and sustainable energy system.

Debates over policy impacts on electricity prices continue; in Alberta, federal policies are blamed by some for higher rates, illustrating how regulation can affect affordability.

In conclusion, the AP-NORC poll highlights the growing financial impact of extreme heat on American households, with rising electricity bills being a significant concern for many. The increased demand for cooling during heat waves is straining household budgets and raising broader questions about energy affordability and infrastructure resilience. Addressing these challenges requires a multifaceted approach, including efforts to combat climate change, improve energy efficiency, and provide support for those most affected by rising energy costs. As extreme heat events become more common, finding solutions to manage their impact will be crucial for both individual households and the broader energy system.

 

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Trump's Pledge to Scrap Offshore Wind Projects

Trump Offshore Wind Pledge signals a push for deregulation over renewable energy, challenging climate policy, green jobs, and coastal development while citing marine ecosystems, navigation, and energy independence amid state-federal permitting and legal hurdles.

 

Key Points

Trump's vow to cancel offshore wind projects favors deregulation and fossil fuels, impacting climate policy and jobs.

✅ Day-one plan to scrap offshore wind leases and permits

✅ Risks to renewable targets, grid mix, and coastal supply chains

✅ Likely court fights and state-federal regulatory conflicts

 

During his tenure as President of the United States, Donald Trump made numerous promises and policy proposals, many of which sparked controversy and debate. One such pledge was his vow to scrap offshore wind projects on "day one" of his presidency. This bold statement, while appealing to certain interests, raised concerns about its potential impact on U.S. offshore wind growth and environmental conservation efforts.

Trump's opposition to offshore wind projects stemmed from various factors, including his skepticism towards renewable energy, even as forecasts point to a $1 trillion offshore wind market in coming years, concerns about aesthetics and property values, and his focus on promoting traditional energy sources like coal and oil. Throughout his presidency, Trump prioritized deregulation and sought to roll back environmental policies introduced by previous administrations, arguing that they stifled economic growth and hindered American energy independence.

The prospect of scrapping offshore wind projects drew mixed reactions from different stakeholders. Supporters of Trump's proposal pointed to potential benefits such as preserving scenic coastal landscapes, protecting marine ecosystems, and addressing concerns about navigational safety and national security. Critics, however, raised valid concerns about the implications of such a decision on the renewable energy sector, including progress toward getting 1 GW on the grid nationwide, climate change mitigation efforts, and job creation in the burgeoning green economy.

Offshore wind energy has emerged as a promising source of clean, renewable power with the potential to reduce greenhouse gas emissions and diversify the energy mix. Countries like Denmark, the United Kingdom, and Germany have made significant investments in offshore wind in Europe, demonstrating its viability as a sustainable energy solution. In the United States, offshore wind projects have gained traction in states like Massachusetts, New York, and New Jersey, where coastal conditions are conducive to wind energy generation.

Trump's pledge to scrap offshore wind projects on "day one" of his presidency raised questions about the feasibility and legality of such a move. While the president has authority over certain aspects of energy policy and regulatory oversight, the development of offshore wind projects often involves multiple stakeholders, including state governments, local communities, private developers, and federal agencies, and actions such as Interior's move on Vineyard Wind illustrate federal leverage in permitting. Any attempt to halt or reverse ongoing projects would likely face legal challenges and regulatory hurdles, potentially delaying or derailing implementation.

Moreover, Trump's stance on offshore wind projects reflected broader debates about the future of energy policy, environmental protection, and economic development. While some argued for prioritizing fossil fuel extraction and traditional energy infrastructure, others advocated for a transition towards clean, renewable energy sources, drawing on lessons from the U.K. about wind deployment, to mitigate climate change and promote sustainable development. The Biden administration, which succeeded the Trump presidency, has signaled a shift towards a more climate-conscious agenda, including support for renewable energy initiatives and commitments to rejoin international agreements like the Paris Climate Accord.

In hindsight, Trump's pledge to scrap offshore wind projects on "day one" of his presidency underscores the complexities of energy policy and the importance of balancing competing interests and priorities. While concerns about aesthetics, property values, and environmental impact are valid, addressing the urgent challenge of climate change requires bold action and innovation in the energy sector. Offshore wind energy presents an opportunity, as seen in the country's biggest offshore wind farm approved in New York, to harness the power of nature in a way that is both environmentally responsible and economically beneficial. As the United States navigates its energy future, finding common ground and forging partnerships will be essential to ensure a sustainable and prosperous tomorrow.

 

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Kenney holds the power as electricity sector faces profound change

Alberta Electricity Market Reform reshapes policy under the UCP, weighing a capacity market versus energy-only design, AESO reliability rules, renewables targets, coal phase-out, carbon pricing, consumer rates, and investment certainty before AUC decisions.

 

Key Points

Alberta Electricity Market Reform is the UCP plan to reassess capacity vs energy-only, renewables, and carbon pricing.

✅ Reviews capacity market timeline and AESO procurement

✅ Alters subsidies for renewables; slows wind and solar growth

✅ Adjusts industrial carbon levy; audits Balancing Pool losses

 

Hearings kicked off this week into the future of the province’s electricity market design, amid an electricity market reshuffle pledged by the province, but a high-stakes decision about the industry’s fate — affecting billions of dollars in investment and consumer costs — won’t be made inside the meeting room of the Alberta Utilities Commission.

Instead, it will take place in the office of Jason Kenney, as the incoming premier prepares to pivot away from the seismic reforms to Alberta’s electricity sector introduced by the Notley government.

The United Conservative Party has promised to adopt market-based policies, reflecting changes to how Alberta produces and pays for power, that will reset how the sector operates, from its approach to renewable energy and carbon pricing to re-evaluating the planned transition to an electricity “capacity market.”

“Every ball in electricity is up in the air right now,” Vittoria Bellissimo, of the Industrial Power Consumers Association of Alberta, said Tuesday during a break in the commission hearings.

Industry players are uncertain how quickly the UCP will change direction on power policies, but there’s little doubt Kenney’s government will take a strikingly different approach to the sector that keeps the lights on in Alberta.

“There’s some things they are going to change that are going to impact the electricity industry significantly,” said Duane Reid-Carlson, chief executive of consultancy EDC Associates.

“But I don’t think it’s going to be upheaval. I think the new government will proceed with caution because electricity is the foundation of our economy.”

Alberta’s electricity market has been turned on its head in recent years due to the recession, power prices dropping to near two-decade lows and several transformative policies initiated by the NDP.

The Notley government’s climate plan included an accelerated phase-out of all coal-fired generation and set targets for more renewable energy.

The most significant, but least-understood, move has been the planned shift to an electricity capacity market in 2021.

Under the strategy, generators will no longer solely be paid for the power produced and sold into the market; they will also receive payments for having electricity capacity available to the grid on demand.

The change was recommended by the Alberta Electric System Operator (AESO) as a way to reduce price volatility and provide more reliability than the current energy-only market, which some argue needs more competition to deliver better outcomes.

The independent system operator and industry officials have spent more than two years planning the transition since the switch was announced in late 2016. Proposed rules for the new system, outlining market changes, are now being discussed at the Alberta Utilities Commission hearings.

However, there is no ironclad guarantee the system remake will go ahead following the UCP’s election victory last week — amid calls to scrap the overhaul from a Calgary retailer — it plans to study the issue further — while other substantive electricity changes are already in store.

The UCP has promised to end “costly subsidies” to renewable energy developments and abandon the NDP’s pledge to have such energy sources make up 30 per cent of all power generation by 2030.

It will remove the planned phase-out of coal-fired electricity generation, although federal regulations for a 2030 prohibition remain in place.

It will also ask the auditor general to conduct a special audit of the massive losses sustained by the province’s Balancing Pool due to power purchase arrangements being handed back to the agency three years ago.

While Kenney has pledged to cancel the provincewide carbon tax, a levy on large industrial greenhouse gas emitters (such has power plants) will still be charged, although at a reduced rate of $20 a tonne.

The biggest unknown remains the power market’s structure, which underpins how the entire system operates.

The UCP has promised to consult on the shift to the capacity market and report back to Albertans within 90 days.

The complex issue may sound like an eye-glazer, but it will have a profound effect on industry investment, as well as how much consumers pay on their monthly electricity bills.

A number of industry players worry the capacity market will lead AESO to procure more power than is necessary, foisting unnecessary costs onto all Albertans.

“I still have concerns for what the impact on consumers is going to be,” said energy market consultant Sheldon Fulton. “I’d love to see the capacity market go away.”

An analysis by EDC Associates found the transition to a capacity market will procure additional electricity before it’s needed, requiring consumers to pay up to 40 per cent more — an extra $1.4 billion — for power in 2021-22 than under the existing market structure.

“I don’t think there’s any prejudged outcome,” said Blake Shaffer, former head trader at TransAlta Corp. and a fellow-in-residence at the C.D. Howe Institute.

“But it really matters about getting this right.”

Evan Bahry, executive director of the Independent Power Producers Society of Alberta, said the fact the UCP’s review was confined to just 90 days is helpful, as it avoids throwing the entire industry into a prolonged period of uncertainty.

As for the greening of Alberta’s power grid, amid growing attention to clean grids and storage, the demise of the NDP’s Renewable Electricity Program will likely slow down the rapid pace of wind and solar development. But it’s unlikely to stop the growth trend as costs continue to fall for such developments.

“Renewables over the last number of years have evolved to the point that they make sense on a subsidy-free basis,” said Dan Balaban, CEO of Greengate Power Corp., which has developed 480 MW of wind power in Alberta and Ontario.

“There is a path to clean electricity ahead.”

Chris Varcoe is a Calgary Herald columnist.

 

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