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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Top Senate Democrat calls for permanent renewable energy, storage, EV tax credits

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

 

Key Points

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

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

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

✅ Passage depends on bipartisan infrastructure compromise

 

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

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

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

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

 

Pressure from the Left

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

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

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

 

Implications of a potential ITC extension

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

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

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

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

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

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

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

 

Will consensus be reached?

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

 

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Coal demand dropped in Europe over winter despite energy crisis

EU Winter Energy Mix 2022-2023 shows renewables, wind, solar, and hydro overtaking coal and gas, as demand fell amid high prices; Ember and IEA confirm lower emissions across Europe during the energy crisis.

 

Key Points

It describes Europe's winter power mix: reduced coal and gas, and record wind, solar, and hydro output.

✅ Coal generation fell 11% YoY; gas output declined even more.

✅ Renewables supplied 40%: wind, solar, and hydro outpaced fossil fuels.

✅ Ember and IEA confirm trends; mild winter tempered demand.

 

The EU burned less coal this winter during the energy crisis than in previous years, according to an analysis, quashing fears that consumption of the most polluting fossil fuel would soar as countries scrambled to find substitutes for lost supplies of Russian gas.

The study from energy think-tank Ember shows that between October 2022 and March 2023 coal generation fell 27 terawatt hours, or almost 11 per cent year on year, while gas generation fell 38 terawatt hours, as renewables crowded out gas and consumers cut electricity consumption in response to soaring prices.

Renewable energy supplies also rose, with combined wind and solar power and hydroelectric output outstripping fossil fuel generation for the first time, providing 40 per cent of all electricity supplies. The Financial Times checked Ember’s findings with the International Energy Agency, which said they broadly matched its own preliminary analysis of Europe’s electricity generation over the winter.

The study demonstrates that fears of a steep rebound in coal usage in Europe’s power mix were overstated, despite the continent’s worst energy crisis in 40 years following Russia’s full-scale invasion of Ukraine, even as stunted hydro and nuclear output in parts of Europe posed challenges.

While Russia slashed gas supplies to Europe and succeeded in boosting energy prices for consumers to record levels, the push by governments to rejuvenate old coal plants, including Germany's coal generation, to ensure the lights stayed on ultimately did not lead to increased consumption.

“With Europe successfully on the other side of this winter and major supply disruptions avoided, it is clear the threatened coal comeback did not materialise,” analysts at Ember said in the report.

“With fossil fuel generation down, EU power sector emissions during winter were the lowest they have ever been.”

Ember cautioned, however, that Europe had been assisted by a mild winter that helped cut electricity demand for heating and there was no guarantee of such weather next winter. Companies and households had also endured a lot of pain as a result of the higher prices that had led them to cut consumption, even though in some periods, such as the latest lockdown, power demand held firm in parts of Europe.

Total electricity consumption between October and March declined 94 terawatt hours, or 7 per cent, compared with the same period in winter 2021/22, continuing post-Covid transition dynamics across Europe.

“For a lot of people this winter was really hard with electricity prices that were extraordinarily high and we shouldn’t lose sight of that,” said Ember analyst Harriet Fox.

 

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Scotland’s Wind Farms Generate Enough Electricity to Power Nearly 4.5 Million Homes

Scotland Wind Energy delivered record renewable power as wind turbines and farms generated 9,831,320 MWh in H1 2019, supplying clean electricity for every home twice and supporting northern England, according to WWF data.

 

Key Points

Term for Scotland's wind power output, highlighting 2019 records, clean electricity, and progress on decarbonization.

✅ 9,831,320 MWh generated Jan-Jun 2019 by wind farms

✅ Enough to power 4.47 million homes twice in that period

✅ Advances decarbonization and 2030 renewables, 2050 net-zero goals

 

Wind turbines in Scotland produced enough electricity in the first half of 2019, reflecting periods when wind led the power mix across the UK, to power every home in the country twice over, according to new data by the analytics group WeatherEnergy. The wind farms generated 9,831,320 megawatt-hours between January and June, as the UK set a wind generation record in comparable periods, equal to the total electricity consumption of 4.47 million homes during that same period.

The electricity generated by wind in early 2019 is enough to power all of Scotland’s homes, as well as a large portion of northern England’s, highlighting how wind and solar exceeded nuclear in the UK in recent milestones as well, and events such as record UK output during Storm Malik underscore this capacity.

“These are amazing figures,” Robin Parker, climate and energy policy manager at WWF, which highlighted the new data, said in a statement. “Scotland’s wind energy revolution is clearly continuing to power ahead, as wind became the UK’s main electricity source in a recent first. Up and down the country, we are all benefitting from cleaner energy and so is the climate.”

Scotland currently has a target of generating half its electricity from renewables by 2030, a goal buoyed by milestones like more UK electricity from wind than coal in 2016, and decarbonizing its energy system almost entirely by 2050. Experts say the latest wind energy data shows the country could reach its goal far sooner than originally anticipated, especially with complementary technologies such as tidal power in Scottish waters gaining traction.

 

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The Cool Way Scientists Turned Falling Raindrops Into Electricity

Raindrop Triboelectric Energy Harvesting converts falling water into electricity using Teflon (PTFE) on indium tin oxide and an aluminum electrode, forming a transient water bridge; a low frequency nanogenerator for renewable, static electricity harvesting.

 

Key Points

A method using PTFE, ITO, and an aluminum electrode to turn raindrop impacts into low frequency electrical power.

✅ PTFE on ITO boosts charge transfer efficiency.

✅ Water bridge links electrodes for rapid discharge.

✅ Low frequency output suits continuous energy harvesting.

 

Scientists at the City University of Hong Kong have used a Teflon-coated surface and a phenomenon called triboelectricity to generate a charge from raindrops. “Here we develop a device to harvest energy from impinging water droplets by using an architecture that comprises a polytetrafluoroethylene [Teflon] film on an indium tin oxide substrate plus an aluminium electrode,” they explain in their new paper in Nature as a step toward cheap, abundant electricity in the long term.

Triboelectricity itself is an old concept. The word means “friction electricity”—from the Greek tribo, to rub or wear down, which is why a diatribe tires you out—and dates back a long, long time. Static electricity is the most famous kind of triboelectric, and related work has shown electricity from the night sky can be harvested as well in niche setups. In most naturally occurring kinds, scientists have studied triboelectric in order to avoid its effects, like explosions inside of grain silos or hospital workers touching off pure oxygen. (Blowing sand causes an electric field, and NASA even worries about static when astronauts eventually land on Mars.)

One of the most studied forms of intentional and useful triboelectric is in systems such as ocean wave generators where the natural friction of waves meets nanogenerators of triboelectric energy. These even already use Teflon, which has natural conductivity that makes it ideal for this job. But triboelectricity is chaotic, and harnessing it generally involves a bunch of complicated, intersecting variables that can vary with the hourly weather. Promises of static electricity charging devices have often been, well, so much hot, sandy wind.

The scientists at City University of Hong Kong used triboelectric ideas to turn falling raindrops into energy. They say previous versions of the same idea were not very efficient, with materials that didn’t allow for high-fidelity transfer of electrical charge. (Many sources of renewable energy aren’t yet as efficient to turn into power, both because of developing technology and because their renewability means even less efficient use could be better than, for example, fossil fuels, and advances in renewable energy storage could help.)

“[A]chieving a high density of electrical power generation is challenging,” the team explains in its paper. “Traditional hydraulic power generation mainly uses electromagnetic generators that are heavy, bulky, and become inefficient with low water supply.” Diversifying how power is generated by water sources such as oceans and rivers is good for the existing infrastructure as well as new installations.

The research team found that as simulated raindrops fell on their device, the way the water accumulated and spread created a link between their two electrodes, one Teflon-coated and the other aluminum. This watery de facto wire link closes the loop and allows accumulated energy to move through the system. Because it’s a mechanical setup, it’s not limited to salty seawater, and because the medium is already water, its potential isn’t affected by ambient humidity either.

Raindrop energy is very low frequency, which means this tech joins many other existing pushes to harvest continuously available, low frequency natural energy, including underwater 'kites' that exploit steady currents. To make an interface that increases “instantaneous power density by several orders of magnitude over equivalent devices,” as the researchers say they’ve done here, could represent a major step toward feasibility in triboelectric generation.

 

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Alberta's electricity rebate program extended until December

Alberta Electricity Rebate Extension provides $50 monthly credits, utility bill relief, and an natural gas rebate, supporting homes, farms, and small businesses with energy costs through December 2022, capped at 250 MWh per year.

 

Key Points

A provincial program extending $50 credits and energy relief, with a natural gas rebate for eligible consumers in 2022.

✅ Up to $300 in bill credits; auto-applied to eligible accounts

✅ Applies to whole bill; limit 250 MWh/year consumption

✅ Natural gas rebate triggers above $6.50/GJ Oct-Mar 2023

 

Alberta's electricity rebate program has been extended by three months amid an electricity price spike in Alberta, and will now be in effect until the end of December, the government said.

The program was originally to provide more than 1.9 million homes, farms and small businesses with $50 monthly credits on their electricity bills, complementing a consumer price cap on power bills, for July, August and September. It will now also cover the final three months of 2022.

Those eligible for the rebate could receive up to $300 in credits until the end of December, a relief for Alberta ratepayers facing deferral costs.

The program, designed to provide relief to Albertans hit hard by high utility bills and soaring energy prices, will cost the Alberta government $600 million.

Albertans who have consumed electricity within the past calendar year, up to a maximum of 250 megawatt hours per year, are eligible for the rebates, which will be automatically applied to consumer bills, as seen in Ontario electricity bill support initiatives.

The rebates will apply to the entire bill, similar to a lump-sum credit in Newfoundland and Labrador, not just the energy portion, the government said. The rebates will be automatic and no application will be needed.

Starting October, the government will enact a natural gas rebate program until March 2023 that will kick in when prices exceed $6.50 per gigajoule, and Alberta's consumer price cap on electricity will remain in place.

 

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Opinion: UK Natural Gas, Rising Prices and Electricity

European Energy Market Crisis drives record natural gas and electricity prices across the EU, as LNG supply constraints, Russian pipeline dependence, marginal pricing, and renewables integration expose volatility in liberalised power markets.

 

Key Points

A 2021 surge in European gas and electricity prices from supply strains, demand rebounds, and marginal pricing exposure.

✅ Record TTF gas and day-ahead power prices across Europe

✅ LNG constraints and Russian pipeline dependence tightened supply

✅ Debate over marginal pricing vs regulated models intensifies

 

By Ronan Bolton

The year 2021 was a turbulent one for energy markets across Europe, as Europe's energy nightmare deepened across the region. Skyrocketing natural gas prices have created a sense of crisis and will lead to cost-of-living problems for many households, as wholesale costs feed through into retail prices for gas and electricity over the coming months.

This has created immediate challenges for governments, but it should also encourage us to rethink the fundamental design of our energy markets as we seek to transition to net zero, with many viewing it as a wake-up call to ditch fossil fuels across the bloc.

This energy crisis was driven by a combination of factors: the relaxation of Covid-19 lockdowns across Europe created a surge in demand, while cold weather early in the year diminished storage levels and contributed to increasing demand from Asian economies. A number of technical issues and supply-side constraints also combined to limit imports of liquefied natural gas (LNG) into the continent.

Europe’s reliance on pipeline imports from Russia has once again been called into question, as Gazprom has refused to ride to the rescue, only fulfilling its pre-existing contracts. The combination of these, and other, factors resulted in record prices – the European benchmark price (the Dutch TTF Gas Futures Contract) reached almost €180/MWh on 21 December, with average day-ahead electricity prices exceeding €300/MWh across much of the continent in the following days.

Countries which rely heavily on natural gas as a source of electricity generation have been particularly exposed, with governments quickly put under pressure to intervene in the market.

In Spain the government and large energy companies have clashed over a proposed windfall tax on power producers. In Ireland, where wind and gas meet much of the country’s surging electricity demand, the government is proposing a €100 rebate for all domestic energy consumers in early 2022; while the UK government is currently negotiating a sector-wide bailout of the energy supply sector and considering ending the gas-electricity price link to curb bills.

This follows the collapse of a number of suppliers who had based their business models on attracting customers with low prices by buying cheap on the spot market. The rising wholesale prices, combined with the retail price cap previously introduced by the Theresa May government, led to their collapse.

While individual governments have little control over prices in an increasingly globalised and interconnected natural gas market, they can exert influence over electricity prices as these markets remain largely national and strongly influenced by domestic policy and regulation. Arising from this, the intersection of gas and power markets has become a key site of contestation and comment about the role of government in mitigating the impacts on consumers of rising fuel bills, even as several EU states oppose major reforms amid the price spike.

Given that renewables are constituting an ever-greater share of production capacity, many are now questioning why gas prices play such a determining role in electricity markets.

As I outline in my forthcoming book, Making Energy Markets, a particular feature of the ‘European model’ of liberalised electricity trade since the 1990s has been a reliance on spot markets to improve the efficiency of electricity systems. The idea was that high marginal prices – often set by expensive-to-run gas peaking plants – would signal when capacity limits are reached, providing clear incentives to consumers to reduce or delay demand at these peak periods.

This, in theory, would lead to an overall more efficient system, and in the long run, if average prices exceeded the costs of entering the market, new investments would be made, thus pushing the more expensive and inefficient plants off the system.

The free-market model became established during a more stable era when domestically-sourced coal, along with gas purchased on long-term contracts from European sources (the North Sea and the Netherlands), constituted a much greater proportion of electricity generation.

While prices fluctuated, they were within a somewhat predictable range, and provided a stable benchmark for the long-term contracts underpinning investment decisions. This is no longer the case as energy markets become increasingly volatile and disrupted during the energy transition.

The idea that free price formation in a competitive market, with governments standing back, would benefit electricity consumers and lead to more efficient systems was rooted in sound economic theory, and is the basis on which other major commodity markets, such as metals and agricultural crops, have been organised for decades.

The free-market model applied to electricity had clear limitations, however, as the majority of domestic consumers have not been exposed directly to real-time price signals. While this is changing with the roll-out of smart meters in many countries, the extent to which the average consumer will be willing or able to reduce demand in a predicable way during peak periods remains uncertain.

Also, experience shows that governments often come under pressure to intervene in markets if prices rise sharply during periods of scarcity, thus undermining a basic tenet of the market model, with EU gas price cap strategies floated as one option.

Given that gas continues to play a crucial role in balancing supply and demand for electricity, the options available to governments are limited, illustrating why rolling back electricity prices is harder than it appears for policymakers. One approach would be would be to keep faith with the liberalised market model, with limited interventions to help consumers in the short term, while ultimately relying on innovations in demand side technologies and alternatives to gas as a means of balancing systems with high shares of variable renewables.

An alternative scenario may see a return to old style national pricing policies, involving a move away from marginal pricing and spot markets, even as the EU prepares to revamp its electricity market in response. In the past, in particular during the post-WWII decades, and until markets were liberalised in the 1990s, governments have taken such an approach, centrally determining prices based on the costs of delivering long term system plans. The operation of gas plants and fuel procurement would become a much more regulated activity under such a model.

Many argue that this ‘traditional model’ better suits a world in which governments have committed to long-term decarbonisation targets, and zero marginal cost sources, such as wind and solar, play a more dominant role in markets and begin to push down prices.

A crucial question for energy policy makers is how to exploit this deflationary effect of renewables and pass-on cost savings to consumers, whilst ensuring that the lights stay on.

Despite the promise of storage technologies such as grid-scale batteries and hydrogen produced from electrolysis, aside from highly polluting coal, no alternative to internationally sourced natural gas as a means of balancing electricity systems and ensuring our energy security is immediately available.

This fact, above all else, will constrain the ambitions of governments to fundamentally transform energy markets.

Ronan Bolton is Reader at the School of Social and Political Science, University of Edinburgh and Co-Director of the UK Energy Research Centre. His book Making Energy Markets: The Origins of Electricity Liberalisation in Europe is to be published by Palgrave Macmillan in 2022.

 

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