Major holes found in renewable energy bill

By Knight Ridder Tribune


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Environmentalist groups have pushed for years for a state policy that requires utilities to develop renewable energy and efficiency programs. But many of those groups are fighting a bill in the General Assembly that includes their long-sought goal.

The legislation requires that 12.5 percent of the electricity sold by utilities such as Progress Energy and Duke Energy come from renewable sources and efficiency programs. The measure overwhelmingly passed in the state Senate, but it has bogged down in the House. As opposition increases, state lawmakers spent days scrambling to salvage the bill. Among the concerns:

- Alternative fuels could pollute more than coal-burning power plants.

- There could be an increase in hog waste lagoons, because the bill encourages utilities to buy electricity generated from methane gas in the lagoons.

- Electric utilities could skimp on efficiency programs and renewables and build large power plants instead.

None of these consequences are spelled out in the bill, but they have emerged as issues in recent weeks as lawmakers and activists parsed the proposal.

"Do we want to pursue an energy strategy that's dirtier than coal?" asked Rep. Pricey Harrison, a Guilford County Democrat who leads the committee. "This is incredibly complex, and I don't think any one of us understands all the implications of this bill."

Lobbyists, lawyers and legislative staff spent six months crafting the bill in the Senate.

It started as a renewables and efficiency proposal and grew into a comprehensive energy policy. Scores of participants attended the negotiations, but only five major environmental organizations did. The legislation that emerged from the talks included sweeteners for many interest groups. The environmentalists won concessions: They were able to raise the minimum requirement from renewables and efficiency from 10 percent to 12.5 percent. And utilities agreed to drop opposition to linking their power grids to industrial-scale solar power units. But some say the utilities won the biggest prize: a provision to pass some of the costs of new power plants to customers years before the plants are built.

The state's two Fortune 500 utilities are among the proposal's biggest backers. They say this provision will lower financing costs and save customers money. Opposition grew significantly this month as the bill started being reviewed by the House energy committee. A dozen environmental groups got involved for the first time, and they didn't like what they saw. Groups such as the Sierra Club that considered the bill flawed all along continued seeking an opening to make revisions. Still, several environmental groups that negotiated the bill stand by it. They say the benefits far outweigh the disadvantages, and that the bill's drawbacks are overblown.

The bill contains a new state tax credit for energy efficient homes and a renewable tax break for nonprofit groups, said Ivan Urlaub, executive director of N.C. Sustainable Energy Association. "We've got buy-in from every major stakeholder except for this number of environmental organizations," Urlaub said. "We see an insane amount of opportunity to rapidly move our utilities toward good climate-change solutions. This is just a first step to ean ourselves off our total dependence on coal and nuclear." Less than 2 percent of the state's electricity comes from renewables and efficiency programs.

The proposal would raise the minimum to 12.5 percent for Raleigh-based Progress and Charlotte-based Duke by 2021, and to 10 percent for municipal utilities and electric cooperatives by 2018. But many environmentalists are frustrated that the proposal includes no penalty for utilities that fail to meet the minimum requirements. At the same time, the bill caps how much utilities can spend on renewables and efficiency. About two dozen states h ve requirements for renewables and efficiency, and many include penalties, said Molly Diggins, North Carolina director for the Sierra Club. Possible changes Harrison said her committee will likely consider a proposal that could require utilities to go beyond the 12.5 percent minimum requirement before they are permitted to build new power plants.

Renewables also are getting scrutiny. An engineer from the state's Department of Environment and Natural Resources' Division of Air Quality told the energy committee that solar energy is too expensive for wide-scale deployment and wind powe too controversial in the mountains. The agency said that power plants fueled by wood waste generate more pollution than modern coal-burning power plants. As a result, the committee is likely to consider tightening emission standards for power plants fueled by wood and animal waste, a move that could raise the cost of those fuels considerably.

Despite the last-minute push by environmentalists, the utilities say the bill is sound. "We are confident that the consensus bill will withstand the scrutiny of the legislative process," said Progress Energy spokesman David McNeill. But Jim Warren, director of Durham-based N.C. Waste Awareness and Reduction Network, called it deeply flawed.

"We feel there's a hundred lawsuits in that bill," Warren said. "It needs to be overhauled or it needs to be killed."

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Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

 

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

 

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

 

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Kenya on Course for $5 Billion Nuclear Plant to Power Industry

Kenya Nuclear Power Plant Project advances with environmental impact assessment, selecting Tana River County under a build-operate-transfer model to boost grid capacity, support manufacturing growth, and assess reactor technology for reliable baseload energy.

 

Key Points

A $5B BOT nuclear facility in Tana River to expand Kenya's grid, aiming to start operations in about seven years.

✅ Environmental impact study published for public review by NEMA

✅ Preferred site: Tana River County near coast; grid integration

✅ BOT concession; reactor tech under evaluation for baseload

 

Kenya’s nuclear agency submitted impact studies for a $5 billion power plant, and said it’s on course to build and start operating the facility in about seven years, as markets like China's nuclear program continue steady expansion.

The government plans to expand its nuclear-power capacity fourfold by 2035, mirroring policy steps in India to revive the sector, the Nuclear Power and Energy Agency said in a report on the National Environment Management Authority’s website. The document is set for public scrutiny before the environmental watchdog can approve it, aligning with global green industrial strategies that weigh nuclear in decarbonization, and pave the way for the project to continue.

President Uhuru Kenyatta wants to ramp up installed generation capacity from 2,712 megawatts as of April to boost manufacturing in East Africa’s largest economy, noting milestones such as Barakah Unit 1 reaching 100% power as indicators of nuclear readiness. Kenya expects peak demand to top 22,000 megawatts by 2031, and other jurisdictions, such as Ontario's exploration of new nuclear, are weighing similar large-scale options, partly due to industrial expansion, a component in Kenyatta’s Big Four Agenda. The other three are improving farming, health care and housing.

The nuclear agency is assessing technologies “to identify the ideal reactor for the country,” it said in the report, including next-gen nuclear designs now being evaluated.

A site in Tana River County, near the Kenyan coast was preferred after studies across three regions, according to the report. The plant will be developed with a concessionaire under a build, operate and transfer model, with innovators such as mini-reactor concepts informing vendor options.

 

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Germany turns its back on nuclear for good despite Europe's energy crisis

Germany nuclear phase-out underscores a high-stakes energy transition, trading reactors for renewables, LNG imports, and grid resilience to secure supply, cut emissions, and navigate climate policy, public opinion shifts, and post-Ukraine supply shocks.

 

Key Points

Germany's nuclear phase-out retires reactors, shifting to renewables, LNG, and grid upgrades for low-carbon power.

✅ Last three reactors: Neckarwestheim, Isar 2, and Emsland closed

✅ Supply secured via LNG imports, renewables, and grid flexibility

✅ Policy accelerated post-Fukushima; debate renewed after Ukraine war

 

The German government is phasing out nuclear power despite the energy crisis. The country is pulling the plug on its last three reactors, betting it will succeed in its green transition without nuclear power.

On the banks of the Neckar River, not far from Stuttgart in south Germany, the white steam escaping from the nuclear power plant in Baden-Württemberg will soon be a memory.

The same applies further east for the Bavarian Isar 2 complex and the Emsland complex, at the other end of the country, not far from the Dutch border.

While many Western countries depend on nuclear power, Europe's largest economy is turning the page, even if a possible resurgence of nuclear energy is debated until the end.

Germany is implementing the decision to phase out nuclear power taken in 2002 and accelerated by Angela Merkel in 2011, after the Fukushima disaster.

Fukushima showed that "even in a high-tech country like Japan, the risks associated with nuclear energy cannot be controlled 100 per cent", the former chancellor justified at the time.

The announcement convinced public opinion in a country where the powerful anti-nuclear movement was initially fuelled by fears of a Cold War conflict, and then by accidents such as Chernobyl.

The invasion of Ukraine on 24 February 2022 brought everything into question. Deprived of Russian gas, the flow of which was essentially interrupted by Moscow, Germany found itself exposed to the worst possible scenarios, from the risk of its factories being shut down to the risk of being without heating in the middle of winter.

With just a few months to go before the initial deadline for closing the last three reactors on 31 December, the tide of public opinion began to turn, and talk of a U-turn on the nuclear phaseout grew louder. 

"With high energy prices and the burning issue of climate change, there were of course calls to extend the plants," says Jochen Winkler, mayor of Neckarwestheim, where the plant of the same name is in its final days.

Olaf Scholz's government, which the Green Party - the most hostile to nuclear power - is part of, finally decided to extend the operation of the reactors to secure the supply until 15 April.

"There might have been a new discussion if the winter had been more difficult if there had been power cuts and gas shortages nationwide. But we have had a winter without too many problems," thanks to the massive import of liquefied natural gas, notes Mr Winkler.

 

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Ukraine Resumes Electricity Exports

Ukraine Electricity Exports resume as the EU grid links stabilize; ENTSO-E caps, megawatt capacity, renewables, and infrastructure repairs enable power flows to Moldova, Poland, Slovakia, and Romania despite ongoing Russian strikes.

 

Key Points

Resumed cross-border power sales showing grid stability under ENTSO-E limits and surplus generation.

✅ Exports restart to Moldova; Poland, Slovakia, Romania next.

✅ ENTSO-E cap limits to 400 MW; more capacity under negotiation.

✅ Revenues fund grid repairs after Russian strikes.

 

Ukraine began resuming electricity exports to European countries on Tuesday, its energy minister said, a dramatic turnaround from six months ago when fierce Russian bombardment of power stations plunged much of the country into darkness in a bid to demoralize the population.

The announcement by Energy Minister Herman Halushchenko that Ukraine was not only meeting domestic consumption demands but also ready to restart exports to its neighbors was a clear message that Moscow’s attempt to weaken Ukraine by targeting its infrastructure did not work.

Ukraine’s domestic energy demand is “100%” supplied, he told The Associated Press in an interview, and it has reserves to export due to the “titanic work” of its engineers and international partners.

Russia ramped up infrastructure attacks in September, when waves of missiles and exploding drones destroyed about half of Ukraine's energy system, even as it built lines to reactivate the Zaporizhzhia plant in occupied territory. Power cuts were common across the country as temperatures dropped below freezing and tens of millions struggled to keep warm.

Moscow said the strikes were aimed at weakening Ukraine’s ability to defend itself, and both sides have floated a possible agreement on power plant attacks amid mounting civilian harm, while Western officials said the blackouts that caused civilians to suffer amounted to war crimes. Ukrainians said the timing was designed to destroy their morale as the war marked its first anniversary.


Ukraine had to stop exporting electricity in October to meet domestic needs.

Engineers worked around the clock, often risking their lives to come into work at power plants and keep the electricity flowing. Kyiv’s allies also provided help. In December, U.S. Secretary of State Antony Blinken announced $53 million in bilateral aid to help the country acquire electricity grid equipment, on top of $55 million for energy sector support.

Much more work remains to be done, Halushchenko said. Ukraine needs funding to repair damaged generation and transmission lines, and revenue from electricity exports would be one way to do that.

The first country to receive Ukraine’s energy exports will be Moldova, he said.

Besides the heroic work by engineers and Western aid, warmer temperatures are enabling the resumption of exports by making domestic demand lower, and across Europe initiatives like virtual power plants for homes are helping balance grids. Nationwide consumption was already down at least 30% due to the war, Halushchenko said, with many industries having to operate with less power.

Renewables like solar and wind power also come into play as temperatures rise, taking some pressure off nuclear and coal-fired power plants.

But it’s unclear if Ukraine can keep up exports amid the constant threat of Russian bombardment.

“Unfortunately now a lot of things depend on the war,” Halushchenko said. “I would say we feel quite confident now until the next winter.”

Exports to Poland, Slovakia and Romania are also on schedule to resume, he said.

“Today we are starting with Moldova, and we are talking about Poland, we are talking about Slovakia and Romania,” Halushchenko added, noting that how much will depend on their needs.

“For Poland, we have only one line that allows us to export 200 megawatts, but I think this month we will finish another line which will increase this to an additional 400 MW, so these figures could change,” he said.

Export revenue will depend on fluctuating electricity prices in Europe, where stunted hydro and nuclear output may hobble recovery efforts. In 2022, while Ukraine was still able to export energy, Ukrainian companies averaged 40 million to 70 million euros a month depending on prices, Halushchenko said.

“Even if it’s 20 (million euros) it’s still good money. We need financial resources now to restore generation and transmission lines,” he said.

Ukraine has the ability to export more than the 400 megawatt capacity limit imposed by the European Network of Transmission System Operators for Electricity, or ENTSO-E, and rising EU wind and solar output is reshaping cross-border flows. “We are in negotiations to increase this cap because today we can export even more, we have the necessary reserves in the system,” the minister said.

The current capacity limit is in line with what Ukraine was exporting in September 2022 before Ukraine diverted resources to meet domestic needs amid the Russian onslaught.

 

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UK homes can become virtual power plants to avoid outages

Demand Flexibility Service rewards households and businesses for shifting peak-time electricity use, enhancing grid balancing, energy security, and net zero goals with ESO and Ofgem support, virtual power plants, and 2GW capacity this winter.

 

Key Points

A grid program paying homes and businesses to shift peak demand, boosting energy security and lowering winter costs.

✅ Pays £3,000/MWh for reduced peak-time usage

✅ Targets at least 2GW via virtual power plants

✅ Rolled out by suppliers with Ofgem and ESO

 

This month we published our analysis of the British electricity system this winter. Our message is clear: in the base case our analysis indicates that supply margins are expected to be adequate, however this winter will undoubtedly be challenging, with high winter energy costs adding pressure. Therefore, all of us in the electricity system operator (ESO) are working round the clock to manage the system, ensure the flow of energy and do our bit to keep costs down for consumers.

One of the tools we have developed is the demand flexibility service, designed to complement efforts to end the link between gas and electricity prices and reduce bills. From November, this new capability will reward homes and businesses for shifting their electricity consumption at peak times. And we are working with the government, businesses and energy providers to encourage as high a level of take-up as possible. We are confident this innovative approach can provide at least 2 gigawatts of power – about a million homes’ worth.

What began as an initiative to help achieve net zero and keep costs down is also proving to be an important tool in ensuring Britain’s energy security, alongside the Energy Security Bill progressing into law.

We are particularly keen to get businesses involved right across Britain. When the Guardian first reported on this service we had calls from businesses ranging from multinationals to an owner of a fish and chip shop asking how they could do their bit and get signed up.

We can now confirm our proposals for how much people and businesses can be paid for shifting their electricity use outside peak times. We anticipate paying a rate of £3,000 per megawatt hour, reflecting the dynamics of UK natural gas and electricity markets today. Businesses and homes can become virtual power plants and, crucially, get paid like one too. For a consumer that could mean a typical household could save approximately £100, and industrial and commercial businesses with larger energy usage could save multiples of this.

We are working with Ofgem to get this scheme launched in November and for it to be rolled out through energy suppliers. If you are interested in participating, or understanding what you could get paid, please contact your energy supplier.

Innovations such as these have never mattered more. Vladimir Putin’s unlawful aggression means we are facing unprecedented energy market volatility, across the continent where Europe’s worst energy nightmare is becoming reality, and pressures on energy supplies this winter.

As a result of Russia’s war in Ukraine, European gas is scarce and prices are high, prompting Europe to weigh emergency measures to limit electricity prices amid the crisis. Alongside this, France’s nuclear fleet has experienced a higher number of outages than expected. Energy shortages in Europe could have knock-on implications for energy supply in Britain.

We have put in place additional contingency arrangements for this winter. For example, the ability to call on generators to fire-up emergency coal units, even as the crisis is a wake-up call to ditch fossil fuels for many, giving Britain 2GW of additional capacity.

We need to be clear, it is possible that without these measures supply could be interrupted for some customers for limited periods of time. This could eventually force us to initiate a temporary rota of planned electricity outages, meaning that some customers could be without power for up to three hours at a time through a process called the electricity supply emergency code (ESEC).

Under the ESEC process we would advise the public the day before any disconnections. We are working with government and industry on planning for this so that the message can be spread across all communities as quickly and accurately as possible. This would include press conferences, social media campaigns, and working with influencers in different communities.

 

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Energy-hungry Europe to brighten profit at US solar equipment makers

European Solar Inverter Demand surges as photovoltaics and residential solar expand during the clean energy transition, driven by high natural gas prices; Germany leads, boosting Enphase and SolarEdge sales for rooftop systems and grid-tied installations.

 

Key Points

Rising European need for solar inverters, fueled by residential PV growth, high energy costs, and clean energy policies.

✅ Germany leads EU rooftop PV installations

✅ Enphase and SolarEdge see revenue growth

✅ High gas prices and policies spur adoption

 

Solar equipment makers are expected to post higher quarterly profit, benefiting from strong demand in Europe for critical components that convert energy from the sun into electricity, amid record renewable momentum worldwide.

The continent is emerging as a major market for solar firms as it looks to reduce its dependence on the Russian energy supply and accelerate its clean energy transition, with solar already reshaping power prices in Northern Europe across the region, brightening up businesses of companies such as Enphase Energy (ENPH.O) and SolarEdge Technologies (SEDG.O), which make solar inverters.

Wall Street expects Enphase and SolarEdge to post a combined adjusted net income of $323.8 million for the April-June quarter, a 56.7% jump from a year earlier, even as demand growth slows in the United States.

The energy crisis in Europe is not as acute as last year when Western sanctions on Russia severely crimped supplies, but prices of natural gas and electricity continue to be much higher than in the United States, Raymond James analyst Pavel Molchanov said.

As a result, demand for residential solar keeps growing at a strong pace in the region, with Germany being one of the top markets and solar adoption in Poland also accelerating in recent years across the region.

About 159,000 residential solar systems became operational in the first quarter in Germany amid a solar power boost that reflects policy and demand, a 146% rise from a year earlier, according to BSW solar power association.

Adoption of solar is also helping European homeowners have greater control over their energy costs as fossil fuel prices tend to be more volatile, Morningstar analyst Brett Castelli said.

SolarEdge, which has a bigger exposure to Europe than Enphase, said its first-quarter revenue from the continent more than doubled compared with last year.

In comparison, growth in the United States has been tepid due to lukewarm demand in states like Texas and Arizona where cheaper electricity prices make the economics of residential solar less attractive, even though solar is now cheaper than gas in parts of the U.S. market.

Higher interest rates following the U.S. Federal Reserve's recent actions to tame inflation are also weighing on demand, even as power outage risks rise across the United States.

Analysts also expect weakness in California where a new metering reform reduces the money credited to rooftop solar owners for sending excess power into the grid, underscoring how policy shifts can reshape the sector. The sunshine state accounts for nearly a third of the U.S. residential solar market.

Enphase will report its results on Thursday after the bell, while SolarEdge will release its second-quarter numbers on Aug. 1.

 

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