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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India is now the world’s third-largest electricity producer

India Electricity Production 2017 surged to 1,160 BU, ranking third globally; rising TWh output with 334 GW capacity, strong renewables and thermal mix, 7% CAGR in generation, and growing demand, investments, and FDI inflows.

 

Key Points

India's 2017 power output reached 1,160 BU, third globally, supported by 334 GW capacity, rising renewables, and 7% CAGR.

✅ 1,160 BU generated; third after China and the US

✅ Installed capacity 334 GW; 65% thermal, rising renewables

✅ Generation CAGR ~7%; demand, FDI, investments rising

 

India now generates around 1,160.1 billion units of electricity in financial year 2017, up 4.72% from the previous year, and amid surging global electricity demand that is straining power systems. The country is behind only China which produced 6,015 terrawatt hours (TWh. 1 TW = 1,000,000 megawatts) and the US (4,327 TWh), and is ahead of Russia, Japan, Germany, and Canada.


 

India’s electricity production grew 34% over seven years to 2017, and the country now produces more energy than Japan and Russia, which had 27% and 8.77% more electricity generation capacity installed, respectively, than India seven years ago.

India produced 1,160.10 billion units (BU) of electricity–one BU is enough to power 10 million households (one household using average of about 3 units per day) for a month–in financial year (FY) 2017. Electricity production stood at 1,003.525 BU between April 2017-January 2018, according to a February 2018 report by India Brand Equity Foundation (IBEF), a trust established by the commerce ministry.

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With a production of 1,423 BU in FY 2016, India was the third largest producer and the third largest consumer of electricity in the world, behind China (6,015 BU) and the United States (4,327 BU).

With an annual growth rate of 22.6% capacity addition over a decade to FY 2017, renewables beat other power sources–thermal, hydro and nuclear. Renewables, however, made up only 18.79% of India’s energy, up 68.65% since 2007, and globally, low-emissions sources are expected to cover most demand growth in the coming years. About 65% of installed capacity continues to be thermal.

As of January 2018, India has installed power capacity of 334.4 gigawatt (GW), making it the fifth largest installed capacity in the world after European Union, China, United States and Japan, and with much of the fleet coal-based, imported coal volumes have risen at times amid domestic supply constraints.

The government is targeting capacity addition of around 100 GW–the current power production of United Kingdom–by 2022, as per the IBEF report.


 

Electricity generation grew at 7% annually

India achieved a 34.48% growth in electricity production by producing 1,160.10 BU in 2017 compared to 771.60 BU in 2010–meaning that in these seven years, electricity production in India grew at a compound annual growth rate (CAGR) of 7.03%, while thermal power plants' PLF has risen recently amid higher demand and lower hydro.

 

Generation capacity grew at 10% annually

Of 334.5 GW installed capacity as of January 2018–up 60% from 132.30 GW in 2007–thermal installed capacity was 219.81 GW. Hydro and renewable energy installed capacity totaled 44.96 GW and 62.85 GW, respectively, said the report.

The CAGR in installed capacity over a decade to 2017 was 10.57% for thermal power, 22.06% for renewable energy–the fastest among all sources of power–2.51% for hydro power and 5.68% for nuclear power.

 

Growing demand, higher investments will drive future growth

Growing population and increasing penetration of electricity connections, along with increasing per-capita usage would provide further impetus to the power sector, said the report.

Power consumption is estimated to increase from 1,160.1 BU in 2016 to 1,894.7 BU in 2022, as per the report, though electricity demand fell sharply in one recent period.

Increasing investment remained one of the driving factors of power sector growth in the country.

Power sector has a 100% foreign direct investment (FDI) permit, which boosted FDI inflows in the sector.

Total FDI inflows in the power sector reached $12.97 billion (Rs 83,713 crore) during April 2000 to December 2017, accounting for 3.52% of FDI inflows in India, the report said.

 

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Honda Accelerates Electric Vehicle Push with Massive Investment in Ontario

Honda Ontario EV Investment accelerates electric vehicle manufacturing in Canada, adding a battery plant, EV assembly capacity, clean energy supply chains, government subsidies, and thousands of jobs to expand North American production and innovation.

 

Key Points

The Honda Ontario EV Investment is a $18.4B plan for EV assembly and battery production, jobs, and clean growth.

✅ $18.4B for EV assembly and large-scale battery production

✅ Thousands of Ontario manufacturing jobs and supply chain growth

✅ Backed by Canadian subsidies to accelerate clean transportation

 

The automotive industry in Ontario is on the verge of a significant transformation amid an EV jobs boom across the province, as Honda announces plans to build a new electric vehicle (EV) assembly plant and a large-scale battery production facility in the province. According to several sources, Honda is prepared to invest an estimated $18.4 billion in this initiative, signalling a major commitment to accelerating the automaker's shift towards electrification.


Expanding Ontario's EV Ecosystem

This exciting new investment from Honda builds upon the growing momentum of electric vehicle development in Ontario. The province is already home to a burgeoning EV manufacturing ecosystem, with automakers like Stellantis and General Motors investing heavily in retooling existing plants for EV production, including GM's $1B Ontario EV plant in the province. Honda's new facilities will significantly expand Ontario's role in the North American electric vehicle market.


Canadian Government Supports Clean Vehicles

The Canadian government has been actively encouraging the transition to cleaner transportation by offering generous subsidies to bolster EV manufacturing and adoption, exemplified by the Ford Oakville upgrade that received $500M in support. These incentives have been instrumental in attracting major investments from automotive giants like Honda and solidifying Canada's position as a global leader in EV technology.


Thousands of New Jobs

Honda's investment is not only excellent news for the Canadian economy but also promises to create thousands of new jobs in Ontario, boosting the province's manufacturing sector. The presence of a significant EV and battery production hub will attract a skilled workforce, as seen with a Niagara Region battery plant that is bolstering the region's EV future, and likely lead to the creation of related businesses and industries that support the EV supply chain.


Details of the Plan

While the specific location of the proposed Honda plants has not yet been confirmed, sources indicate that the facilities will likely be built in Southwestern Ontario, near Ford's Oakville EV program and other established sites. Honda's existing assembly plant in Alliston will be converted to produce hybrid models as part of the company's broader plan to electrify its lineup.


Honda's Global EV Ambitions

This substantial investment in Canada aligns with Honda's global commitment to electrifying its vehicle offerings. The company has set ambitious goals to phase out traditional gasoline-powered cars and achieve net-zero carbon emissions by 2040.  Honda aims to expand EV production in North America to meet growing consumer demand and deepen Canada-U.S. collaboration in the EV industry.


The Future of Transportation

Honda's announcement signifies a turning point for the automotive landscape in Canada. This major investment reinforces the shift toward electric vehicles as an inevitable future, with EV assembly deals putting Canada in the race as well.  The move highlights Canada's dedication to fostering a sustainable, clean-energy economy while establishing a robust automotive manufacturing industry for the 21st century.

 

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TTC Introduces Battery Electric Buses

TTC Battery-Electric Buses lead Toronto transit toward zero-emission mobility, improving air quality and climate goals with sustainable operations, advanced charging infrastructure, lower maintenance, energy efficiency, and reliable public transportation across the Toronto Transit Commission network.

 

Key Points

TTC battery-electric buses are zero-emission vehicles improving quality, lowering costs, and providing efficient service.

✅ Zero tailpipe emissions improve urban air quality

✅ Lower maintenance and energy costs increase savings

✅ Charging infrastructure enables reliable operations

 

The Toronto Transit Commission (TTC) has embarked on an exciting new chapter in its commitment to sustainability with the introduction of battery-electric buses to its fleet. This strategic move not only highlights the TTC's dedication to reducing its environmental impact but also positions Toronto as a leader in the evolution of public transportation. As cities worldwide strive for greener solutions, the TTC’s initiative stands as a significant milestone toward a more sustainable urban future.

Embracing Green Technology

The decision to integrate battery-electric buses into Toronto's transit system aligns with a growing trend among urban centers to adopt cleaner, more efficient technologies, including Metro Vancouver electric buses now in service. With climate change posing urgent challenges, transit authorities are rethinking their operations to foster cleaner air and reduce greenhouse gas emissions. The TTC’s new fleet of battery-electric buses represents a proactive approach to addressing these concerns, aiming to create a cleaner, healthier environment for all Torontonians.

Battery-electric buses operate without producing tailpipe emissions, and deployments like Edmonton's first electric bus illustrate this shift, offering a stark contrast to traditional diesel-powered vehicles. This transition is crucial for improving air quality in urban areas, where transportation is a leading source of air pollution. By choosing electric options, the TTC not only enhances the city’s air quality but also contributes to the global effort to combat climate change.

Economic and Operational Advantages

Beyond environmental benefits, battery-electric buses present significant economic advantages. Although the initial investment for electric buses may be higher than that for conventional diesel buses, and broader adoption challenges persist, the long-term savings are substantial. Electric buses have lower operating costs due to reduced fuel expenses and less frequent maintenance requirements. The electric propulsion system generally involves fewer moving parts than traditional engines, resulting in lower overall maintenance costs and improved service reliability.

Moreover, the increased efficiency of electric buses translates into reduced energy consumption. Electric buses convert a larger proportion of energy from the grid into motion, minimizing waste and optimizing operational effectiveness. This not only benefits the TTC financially but also enhances the overall experience for riders by providing a more reliable and punctual service.

Infrastructure Development

To support the introduction of battery-electric buses, the TTC is also investing in necessary infrastructure upgrades, including the installation of charging stations throughout the city. These charging facilities are essential for ensuring that the electric fleet can operate smoothly and efficiently. By strategically placing charging stations at transit hubs and along bus routes, the TTC aims to create a seamless transition for both operators and riders.

This infrastructure development is critical not just for the operational capacity of the electric buses but also for fostering public confidence in this new technology, and consistent safety measures such as the TTC's winter safety policy on lithium-ion devices reinforce that trust. As the TTC rolls out these vehicles, clear communication regarding their operational logistics, including charging times and routes, will be essential to inform and engage the community.

Engaging the Community

The TTC is committed to engaging with Toronto’s diverse communities throughout the rollout of its battery-electric bus program. Community outreach initiatives will help educate residents about the benefits of electric transit, addressing any concerns and building public support, and will also discuss emerging alternatives like Mississauga fuel cell buses in the region. Informational campaigns, workshops, and public forums will provide opportunities for dialogue, allowing residents to voice their opinions and learn more about the technology.

This engagement is vital for ensuring that the transition is not just a top-down initiative but a collaborative effort that reflects the needs and interests of the community. By fostering a sense of ownership among residents, the TTC can cultivate support for its sustainable transit goals.

A Vision for the Future

The TTC’s introduction of battery-electric buses marks a transformative moment in Toronto’s public transit landscape. This initiative exemplifies the commission's broader vision of creating a more sustainable, efficient, and user-friendly transportation network. As the city continues to grow, the need for innovative solutions to urban mobility challenges becomes increasingly critical.

By embracing electric technology, the TTC is setting an example for other transit agencies across Canada and beyond, and piloting driverless EV shuttles locally underscores that leadership. This initiative is not just about introducing new vehicles; it is about reimagining public transportation in a way that prioritizes environmental responsibility and community engagement. As Toronto moves forward, the integration of battery-electric buses will play a crucial role in shaping a cleaner, greener future for urban transit, ultimately benefitting residents and the planet alike.

 

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The Netherlands Outpaces Canada in Solar Power Generation

Netherlands vs Canada Solar Power compares per capita capacity, renewable energy policies, photovoltaics adoption, rooftop installations, grid integration, and incentives like feed-in tariffs and BIPV, highlighting efficiency, costs, and public engagement.

 

Key Points

Concise comparison of per capita capacity, policies, technology, and engagement in Dutch and Canadian solar adoption.

✅ Dutch per capita PV capacity exceeds Canada's by wide margin.

✅ Strong incentives: net metering, feed-in tariffs, rooftop focus.

✅ Climate, grid density, and awareness drive higher yields.

 

When it comes to harnessing solar power, the Netherlands stands as a shining example of efficient and widespread adoption, far surpassing Canada in solar energy generation per capita. Despite Canada's vast landmass and abundance of sunlight, the Netherlands has managed to outpace its North American counterpart, which some experts call a solar power laggard in solar energy production. This article explores the factors behind the Netherlands' success in solar power generation and compares it to Canada's approach.

Solar Power Capacity and Policy Support

The Netherlands has rapidly expanded its solar power capacity in recent years, driven by a combination of favorable policies, technological advancements, and public support. According to recent data, the Netherlands boasts a significantly higher per capita solar power capacity compared to Canada, where demand for solar electricity lags relative to deployment in many regions, leveraging its smaller geographical size and dense population centers to maximize solar panel installations on rooftops and in urban areas.

In contrast, Canada's solar energy development has been slower, despite having vast areas of suitable land for solar farms. Challenges such as regulatory hurdles, varying provincial policies, and the high initial costs of solar installations have contributed to a more gradual adoption of solar power across the country. However, provinces like Ontario have seen significant growth in solar installations due to supportive government incentives and favorable feed-in tariff programs, though growth projections were scaled back after Ontario scrapped a key program.

Innovation and Technological Advancements

The Netherlands has also benefited from ongoing innovations in solar technology and efficiency improvements. Dutch companies and research institutions have been at the forefront of developing new solar panel technologies, improving efficiency rates, and exploring innovative applications such as building-integrated photovoltaics (BIPV). These advancements have helped drive down the cost of solar energy and increase its competitiveness with traditional fossil fuels.

In contrast, while Canada has made strides in solar technology research and development, commercialization and widespread adoption have been more restrained due to factors like market fragmentation and the country's reliance on other energy sources such as hydroelectricity.

Public Awareness and Community Engagement

Public awareness and community engagement play a crucial role in the Netherlands' success in solar power adoption. The Dutch government has actively promoted renewable energy through public campaigns, educational programs, and financial incentives for homeowners and businesses to install solar panels. This proactive approach has fostered a culture of energy conservation and sustainability among the Dutch population.

In Canada, while there is growing public support for renewable energy, varying levels of awareness and engagement across different provinces have impacted the pace of solar energy adoption. Provinces like British Columbia and Alberta have seen increasing interest in solar power, driven by environmental concerns, technological advancements, and economic benefits, as the country is set to hit 5 GW of installed capacity in the near term.

Climate and Geographic Considerations

Climate and geographic considerations also influence the disparity in solar power generation between the Netherlands and Canada. The Netherlands, despite its northern latitude, benefits from relatively mild winters and a higher average annual sunlight exposure compared to most regions of Canada. This favorable climate has facilitated higher solar energy yields and made solar power a more viable option for electricity generation.

In contrast, Canada's diverse climate and geography present unique challenges for solar energy deployment. Northern regions experience extended periods of darkness during winter months, limiting the effectiveness of solar panels in those areas. Despite these challenges, advancements in energy storage technologies and hybrid solar-diesel systems are making solar power increasingly feasible in remote and off-grid communities across Canada, even as Alberta faces expansion challenges related to grid integration and policy.

Future Prospects and Challenges

Looking ahead, both the Netherlands and Canada face opportunities and challenges in expanding their respective solar power capacities. In the Netherlands, continued investments in solar technology, grid infrastructure upgrades, and policy support will be crucial for maintaining momentum in renewable energy development.

In Canada, enhancing regulatory consistency, scaling up solar installations in urban and rural areas, and leveraging emerging technologies will be essential for narrowing the gap with global leaders in solar energy generation and for seizing opportunities in the global electricity market as the energy transition accelerates.

In conclusion, while the Netherlands currently generates more solar power per capita than Canada, with the Prairie Provinces poised to lead growth in the Canadian market, both countries have unique strengths and challenges in their pursuit of a sustainable energy future. By learning from each other's successes and leveraging technological advancements, both nations can further accelerate the adoption of solar power and contribute to global efforts to combat climate change.

 

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Canada Faces Critical Crunch in Electrical Supply

Canada Electricity Supply Crunch underscores grid reliability risks, aging infrastructure, and rising demand, pushing upgrades in transmission, energy storage, smart grid technology, and renewable energy integration to protect industry, consumers, and climate goals.

 

Key Points

A nationwide power capacity shortfall stressing the grid, raising outage risks and slowing the renewable transition.

✅ Demand growth and aging infrastructure strain transmission capacity

✅ Smart grid, storage, and interties improve reliability and flexibility

✅ Accelerated renewables and efficiency reduce fossil fuel reliance

 

Canada, known for its vast natural resources and robust energy sector, is now confronting a significant challenge: a crunch in electrical supply. A recent report from EnergyNow.ca highlights the growing concerns over Canada’s electricity infrastructure, revealing that the country is facing a critical shortage that could impact both consumers and industries alike. This development raises pressing questions about the future of Canada’s energy landscape and its implications for the nation’s economy and environmental goals.

The Current Electrical Supply Dilemma

According to EnergyNow.ca, Canada’s electrical supply is under unprecedented strain due to several converging factors. One major issue is the rapid pace of economic and population growth, particularly in urban centers. This expansion has increased demand for electricity, putting additional pressure on an already strained grid. Compounding this issue are aging infrastructure and a lack of sufficient investment in modernizing the electrical grid to meet current and future needs, with interprovincial frictions such as the B.C. challenge to Alberta's export restrictions further complicating coordination.

The report also points out that Canada’s reliance on certain types of energy sources, including fossil fuels, exacerbates the problem. While the country has made strides in renewable energy, including developments in clean grids and batteries across provinces, the transition has not kept pace with the rising demand for electricity. This imbalance highlights a crucial gap in Canada’s energy strategy that needs urgent attention.

Economic and Social Implications

The shortage in electrical supply has significant economic and social implications. For businesses, particularly those in energy-intensive sectors such as manufacturing and technology, the risk of power outages or unreliable service can lead to operational disruptions and financial losses. Increased energy costs due to supply constraints could also affect profit margins and competitiveness on both domestic and international fronts, with electricity exports at risk amid trade tensions.

Consumers are not immune to the impact of this electrical supply crunch. The potential for rolling blackouts or increased energy prices, as debates over electricity rates and innovation continue nationwide, can strain household budgets and affect overall quality of life. Additionally, inconsistent power supply can affect essential services, including healthcare facilities and emergency services, highlighting the critical nature of reliable electricity for public safety and well-being.

Investment and Infrastructure Upgrades

Addressing the electrical supply crunch requires significant investment in infrastructure and technology, and recent tariff threats have boosted support for Canadian energy projects that could accelerate these efforts. The EnergyNow.ca report underscores the need for modernizing the electrical grid to enhance capacity and resilience. This includes upgrading transmission lines, improving energy storage solutions, and expanding the integration of renewable energy sources such as wind and solar power.

Investing in smart grid technology is also essential. Smart grids use digital communication and advanced analytics to optimize electricity distribution, detect outages, and manage demand more effectively. By adopting these technologies, Canada can better balance supply and demand, reduce the risk of blackouts, and improve overall efficiency in energy use.

Renewable Energy Transition

Transitioning to renewable energy sources is a critical component of addressing the electrical supply crunch. While Canada has made progress in this area, the pace of change needs to accelerate under the new Clean Electricity Regulations for 2050 that set long-term targets. Expanding the deployment of wind, solar, and hydroelectric power can help diversify the energy mix and reduce reliance on fossil fuels. Additionally, supporting innovations in energy storage and grid management will enhance the reliability and sustainability of renewable energy.

The EnergyNow.ca report highlights several ongoing initiatives and projects aimed at increasing renewable energy capacity. However, these efforts must be scaled up and supported by both public policy and private investment to ensure that Canada can meet its energy needs and climate goals.

Policy and Strategic Planning

Effective policy and strategic planning are crucial for addressing the electrical supply challenges, with an anticipated electricity market reshuffle in at least one province signaling change ahead. Government action is needed to support infrastructure investment, incentivize renewable energy adoption, and promote energy efficiency measures. Collaborative efforts between federal, provincial, and municipal governments, along with private sector stakeholders, will be key to developing a comprehensive strategy for managing Canada’s electrical supply.

Public awareness and engagement are also important. Educating consumers about energy conservation practices and encouraging the adoption of energy-efficient technologies can contribute to reducing overall demand and alleviating some of the pressure on the electrical grid.

Conclusion

Canada’s electrical supply crunch is a pressing issue that demands immediate and sustained action. The growing demand for electricity, coupled with aging infrastructure and a lagging transition to renewable energy, poses significant challenges for the country’s economy and daily life. Addressing this issue will require substantial investment in infrastructure, advancements in technology, and effective policy measures. By taking a proactive and collaborative approach, Canada can navigate this crisis and build a more resilient and sustainable energy future.

 

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ACORE tells FERC that DOE Proposal to Subsidize Coal, Nuclear Power Plants is unsupported by Record

FERC Grid Resiliency Pricing Opposition underscores industry groups, RTOs, and ISOs rejecting DOE's NOPR, warning against out-of-market subsidies for coal and nuclear, favoring competitive markets, reliability, and true grid resilience.

 

Key Points

Coalition urging FERC to reject DOE's NOPR subsidies, protecting reliability and competitive power markets.

✅ Industry groups, RTOs, ISOs oppose DOE NOPR

✅ PJM reports sufficient reliability and resilience

✅ Reject out-of-market aid to coal, nuclear

 

A diverse group of a dozen energy industry associations representing oil, natural gas, wind, solar, efficiency, and other energy technologies today submitted reply comments to the Federal Energy Regulatory Commission (FERC) continuing their opposition to the Department of Energy's (DOE) proposed rulemaking on grid resiliency pricing and electricity pricing changes within competitive markets, in the next step in this FERC proceeding.

Action by FERC, as lawmakers urge movement on aggregated DERs to modernize markets, is expected by December 11.

In these comments, this broad group of energy industry associations notes that most of the comments submitted initially by an unprecedented volume of filers, including grid operators whose markets would be impacted by the proposed rule, urged FERC not to adopt DOE'sproposed rule to provide out-of-market financial support to uneconomic coal and nuclear power plants in the wholesale electricity markets overseen by FERC.

Just a small set of interests - those that would benefit financially from discriminatory pricing that favors coal and nuclear plants - argued in favor of the rule put forward by DOE in its Notice of Proposed Rulemaking, or NOPR, as did coal and business interests in related regulatory debates. But even those interests - termed 'NOPR Beneficiaries' by the energy associations - failed to provide adequate justification for FERC to approve the rule, and their specific alternative proposals for implementing the bailout of these plants were just as flawed as the DOE plan, according to the energy industry associations.

'The joint comments filed today with partners across the energy spectrum reflect the overwhelming majority view that this proposed rulemaking by FERC is unprecedented and unwarranted, said Todd Foley, Senior Vice President, Policy & Government Affairs, American Council on Renewable Energy.

We're hopeful that FERC will rule against an anti-competitive distortion of the electricity marketplace and avoid new unnecessary initiatives that increase power prices for American consumers and businesses.'

In the new reply comments submitted in response to the initial comments filed by hundreds of stakeholders on or before October 23 - the energy industry associations made the following points: Despite hundreds of comments filed, no new information was brought forth to validate the assertion - by DOE or the NOPR Beneficiaries - that an emergency exists that requires accelerated action to prop up certain power plants that are failing in competitive electricity markets: 'The record in this proceeding, including the initial comments, does not support the discriminatory payments proposed' by DOE, state the industry groups.

Nearly all of the initial comments filed in the matter take issue with the DOE NOPR and its claim of imminent threats to the reliability and resilience of the electric power system, despite reports of coal and nuclear disruptions cited by some advocates: 'Of the hundreds of comments filed in response to the DOE NOPR, only a handful purported to provide substantive evidence in support of the proposal. In contrast, an overwhelming majority of initial comments agree that the DOE NOPR fails to substantiate its assertions of an immediate reliability or resiliency need related to the retirement of merchant coal-fired and nuclear generation.'

Grid operators filed comments refuting claims that the potential retirement of coal and nuclear plants which could not compete for economically present immediate or near-term challenges to grid management, even as a coal CEO criticism targeted federal decisions: 'Even the RTOs and ISOs themselves filed comments opposing the DOE NOPR, noting that the proposed cost-of-service payments to preferred generation would disrupt the competitive markets and are neither warranted nor justified.... Most notably, this includes PJM Interconnection, ... the RTO in which most of the units potentially eligible for payments under the DOE NOPR are located. PJM states that its region 'unquestionably is reliable, and its competitive markets have for years secured commitments from capacity resources that well exceed the target reserve margin established to meet [North American Electric Reliability Corp.] requirements.' And PJM analysis has confirmed that the region's generation portfolio is not only reliable, but also resilient.'

The need for NOPR Beneficiaries to offer alternative proposals reflects the weakness of DOE'srule as drafted, but their options for propping up uneconomic power plants are no better, practically or legally: 'Plans put forward by supporters of the power plant bailout 'acknowledge, at least implicitly, that the preferential payment structure proposed in the DOE NOPR is unclear, unworkable, or both. However, the alternatives offered by the NOPR Beneficiaries, are equally flawed both substantively and procedurally, extending well beyond the scope of the DOE NOPR.'

Citing one example, the energy groups note that the detailed plan put forward by utility FirstEnergy Service Co. would provide preferential payments far more costly than those now provided to individual power plants needed for immediate reasons (and given a 'reliability must run' contract, or RMR): 'Compensation provided under [FirstEnergy's proposal] would be significantly expanded beyond RMR precedent, going so far as to include bailing [a qualifying] unit out of debt based on an unsupported assertion that revenues are needed to ensure long-term operation.'

Calling the action FERC would be required to take in adopting the DOE proposal 'unprecedented,' the energy industry associations reiterate their opposition: 'While the undersigned support the goals of a reliable and resilient grid, adoption of ill-considered discriminatory payments contemplated in the DOE NOPR is not supportable - or even appropriate - from a legal or policy perspective.

 

About ACORE

The American Council on Renewable Energy (ACORE) is a national non-profit organization leading the transition to a renewable energy economy. With hundreds of member companies from across the spectrum of renewable energy technologies, consumers and investors, ACORE is uniquely positioned to promote the policies and financial structures essential to growth in the renewable energy sector. Our annual forums in Washington, D.C., New York and San Franciscoset the industry standard in providing important venues for key leaders to meet, discuss recent developments, and hear the latest from senior government officials and seasoned experts.

 

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