Indian companies scouting for overseas coal acquisitions

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Indian power, cement and steel industry majors are scouting for coal acquisitions abroad in a bid to secure coal for their expansion plans in the coming years.

Captive coal mines will also insulate industry majors from fluctuations in coal prices.

At the forefront of the coal rush is the Indian power sector, which currently accounts for 75% to 80% of domestic coal demand. The sector is expected to require about 540 million tons of coal per year by 2013. Demand is likely to surpass domestic supply by at least 60 million tons per year by that time, and the gap is expected to widen to 100 million tons by 2015.

Coal Ventures International Limited (CVIL), promoted by five state-owned companies, has invited expressions of interest from global investment banks for assistance in securing overseas thermal and metallurgical coal mines. CVIL is eyeing strategic investment opportunities in metallurgical, pulverized coal injection and steam coal producing companies in Australia, Canada and the U.S.

It will invest in private equity deals with owners of coal assets in Indonesia, Mozambique, South Africa and Zimbabwe. It will also obtain mining licenses to develop coal mines worldwide. The company has been vested with autonomous powers by the government to clear investment proposals of up to $375 million at the board level.

CVIL is promoted by Coal India Limited, National Mineral Development Corporation Limited, National Thermal Power Corporation Limited, Rashtriya Ispat Nigam Limited and Steel Authority of India Limited.

In March, Reliance Power Limited announced the acquisition of three coal mines in Sumatra, Indonesia, with estimated reserves of 2 billion tons. Gujarat NRE Coke Limited has been operating the NRE Wongawilli Colliery near Wollongong, Australia, since last year when it acquired the mine for $50 million. The company now plans to invest an additional $65 million over the next two years to expand the mines to full production capacity of 2.5 million tons per year by 2011-12.

ETA Star India Projects Private Limited, the Indian subsidiary of the ETA Star Group, has joined hands with PTC India Limited and Infrastructure Leasing and Financial Services to acquire overseas coal assets. PTC has agreed to supply coal to power project developers for an aggregate generation capacity of 5,000 megawatts (MW).

IL&FS wants to ensure coal supplies for its 1,600-MW coal-fired power project in Krishnapatnam, Andhra Pradesh, in which it owns a 50% stake. Last year, the ETA Star Group obtained a coal block in Mozambique. In January 2008, it acquired Bara Energy Makmur (Indonesia), which owns two coal blocks.

Tata Power Company Limited has acquired a 30% stake in PT Kaltim Prima Coal and PT Arutmin, thermal coal producers owned by PT Bumi Resources Tbk for $1.1 billion to feed its upcoming power projects. The imported coal requirement for the 7,000 MW of power projects is estimated to be 21 million tons.

In June 2007, infrastructure major Madhucon Projects Limited acquired an Indonesian coalmine with reserves of 50 million tons. It is reportedly scouting for more acquisitions to secure supplies for its proposed 1,000-MW power plant in the special economic zone on the east coast of India. In April 2008, GMR Group announced its decision to pick up a 5% equity stake in Homeland Mining and Energy SA for $15 million to fuel its power projects in India.

Cement and steel majors are also trying to keep pace with power majors in the frenzy for coal acquisitions overseas. Coal accounts for 27% of the manufacturing costs of cement. Binani Cement Limited is looking to acquire coal mines in Indonesia with reserves of 30 million tons for $60 million. The company incurs annual costs of $100 million in coal imports. The acquired mines will supply lignite coal, which is required for Binani's proposed cement project in Gujarat. UltraTech Cement Limited wants to acquire coal mines in South Africa and Indonesia.

In January, Surana Industries announced that it would acquire a 49% stake in PT Agate Resources for $400 million, which will lease out or acquire mining rights in Indonesia. This will enable Surana to meet power requirements for its upcoming integrated steel complex in Raichur, Karnataka. Surana's steel complex will procure 35 MW of power from a thermal power station and 10 MW of power from waste heat recovery. In May 2008, Tata Steel Limited announced plans to undertake a large-scale expansion of the Carborough Downs mine in Queensland, Australia, in which the company owns a 5% equity stake. The mine is expected to generate 4.9 million tons per year of run-of-mine coal, which will yield 3.7 million tons of coal annually, starting in mid-2009.

Late last year, the company partnered with Riversdale Mining to acquire a 35% stake in a coking-coal-mining project in Mozambique for $88.3 million. It received rights to 40% of the project's output. The mine is estimated to have coal reserves of 1.23 billion tons.

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LNG powered with electricity could be boon for B.C.'s independent power producers

B.C. LNG Electrification embeds clean hydro and wind power into low-emission liquefied natural gas, cutting carbon intensity, enabling coal displacement in Asia, and opening grid-scale demand for independent power producers and ITMO-based climate accounting.

 

Key Points

Powering LNG with clean electricity cuts carbon intensity, displaces coal, and grows demand for B.C.'s clean power.

✅ Electric-drive LNG cuts emissions intensity by up to 80%.

✅ Creates major grid load, boosting B.C. independent power producers.

✅ Enables ITMO crediting when coal displacement is verified.

 

B.C. has abundant clean power – if only there was a way to ship those electrons across the sea to help coal-dependent countries reduce their emissions, and even regionally, Alberta–B.C. grid link benefits could help move surplus power domestically.

Natural gas that is liquefied using clean hydro and wind power and then exported would be, in a sense, a way of embedding B.C.’s low emission electricity in another form of energy, and, alongside the Canada–Germany clean energy pact, part of a broader export strategy.

Given the increased demand that could come from an LNG industry – especially one that moves towards greater electrification and, as the IEA net-zero electricity report notes, broader system demand – poses some potentially big opportunities for B.C.’s clean energy independent power sector, as those attending the Clean Energy Association of BC's annual at the Generate conference heard recently.

At a session on LNG electrification, delegates were told that LNG produced in B.C. with electricity could have some significant environmental benefits.

Given how much power an LNG plant that uses electric drive consumes, an electrified LNG industry could also pose some significant opportunities for independent power producers – a sector that had the wind taken out of its sails with the sanctioning of the Site C dam project.

Only one LNG plant being built in B.C. – Woodfibre LNG – will use electric drive to produce LNG, although the companies behind Kitimat LNG have changed their original design plans, and now plan to use electric drive drive as well.

Even small LNG plants that use electric drive require a lot of power.

“We’re talking about a lot of power, since it’s one of the biggest consumers you can connect to a grid,” said Sven Demmig, head of project development for Siemens.

Most LNG plants still burn natural gas to drive the liquefaction process – a choice that intersects with climate policy and electricity grids in Canada. They typically generate 0.35 tonnes of CO2e per tonne of LNG produced.

Because it will use electric drive, LNG produced by Woodfibre LNG will have an emissions intensity that is 80% less than LNG produced in the Gulf of Mexico, said Woodfibre president David Keane.

In B.C., the benchmark for GHG intensities for LNG plants has been set at 0.16 tonnes of CO2e per tonne of LNG. Above that, LNG producers would need to pay higher carbon taxes than those that are below the benchmark.

The LNG Canada plant has an intensity of 0.15 tonnes og CO2e per tonne of LNG. Woodfibre LNG will have an emissions intensity of just 0.059, thanks to electric drive.

“So we will be significantly less than any operating facility in the world,” Keane said.

Keane said Sinopec has recently estimated that it expects China’s demand for natural gas to grow by 82% by 2030.

“So China will, in fact, get its gas supply,” Keane said. “The question is: where will that supply come from?

“For every tonne of LNG that’s being produced today in the United States -- and tonne of LNG that we’re not producing in Canada -- we’re seeing about 10 million tonnes of carbon leakage every single year.”

The first Canadian company to produce LNG that ended up in China is FortisBC. Small independent operators have been buying LNG from FortisBC’s Tilbury Island plant and shipping to China in ISO containers on container ships.

David Bennett, director of communications for FortisBC, said those shipments are traced to industries in China that are, indeed, using LNG instead of coal power now.

“We know where those shipping containers are going,” he said. “They’re actually going to displace coal in factories in China.”

Verifying what the LNG is used for is important, if Canadian producers want to claim any kind of climate credit. LNG shipped to Japan or South Korea to displace nuclear power, for example, would actually result in a net increase in GHGs. But used to displace coal, the emissions reductions can be significant, since natural gas produces about half the CO2 that coal does.

The problem for LNG producers here is B.C.’s emissions reduction targets as they stand today. Even LNG produced with electricity will produce some GHGs. The fact that LNG that could dramatically reduce GHGs in other countries, if it displaces coal power, does not count in B.C.’s carbon accounting.

Under the Paris Agreement, countries agree to set their own reduction targets, and, for Canada, cleaning up Canada’s electricity remains critical to meeting climate pledges, but don’t typically get to claim any reductions that might result outside their own country.

Canada is exploring the use of Internationally Transferred Mitigation Outcomes (ITMO) under the Under the Paris Agreement to allow Canada to claim some of the GHG reductions that result in other countries, like China, through the export of Canadian LNG.

“For example, if I were producing 4 million tonnes of greenhouse gas emissions in B.C. and I was selling 100% of my LNG to China, and I can verify that they’re replacing coal…they would have a reduction of about 60 or million tonnes of greenhouse gas emissions,” Keane said.

“So if they’re buying 4 million tonnes of emissions from us, under these ITMOs, then they have net reduction of 56 million tonnes, we’d have a net increase of zero.”

But even if China and Canada agreed to such a trading arrangement, the United Nations still hasn’t decided just how the rules around ITMOs will work.

 

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USDA Grants $4.37 Billion for Rural Energy Upgrades

USDA Rural Energy Infrastructure Funding boosts renewable energy, BESS, and transmission upgrades, delivering grid modernization, resilience, and clean power to rural cooperatives through loans and grants aligned with climate goals, decarbonization, and energy independence.

 

Key Points

USDA Rural Energy Infrastructure Funding is a $4.37B program advancing renewables, BESS, and grid upgrades for rural power.

✅ Loans and grants for cooperatives modernizing rural grids.

✅ Prioritizes BESS to integrate wind and solar reliably.

✅ Upgrades transmission to cut losses and boost grid stability.

 

The U.S. Department of Agriculture (USDA) has announced a major investment of $4.37 billion aimed at upgrading rural electric cooperatives across the nation. This funding will focus on advancing renewable energy projects, enhancing battery energy storage systems (BESS), and upgrading transmission infrastructure to support a grid overhaul for renewables nationwide.

The USDA’s Rural Development initiative will provide loans and grants to cooperatives, supporting efforts to transition to cleaner energy sources that help rural America thrive, improve energy resilience, and modernize electrical grids in rural areas. These upgrades are expected to bolster the reliability and efficiency of energy systems, making rural communities more resilient to extreme weather events and fostering the expansion of renewable energy.

The funding will primarily support energy storage technologies, such as BESS, which allow excess energy from renewable sources like wind energy, solar, and hydropower technology to be stored and used during periods of high demand or when renewable generation is low. These systems are critical for integrating more renewable energy into the grid, ensuring a stable and sustainable power supply.

In addition to energy storage, the USDA’s investment will go toward enhancing the transmission networks that carry electricity across rural regions, aligning with a recent rule to boost renewable transmission across the U.S. By upgrading these systems, the USDA aims to reduce energy losses, improve grid stability, and ensure that rural communities have reliable access to power, particularly in remote and underserved areas.

This investment aligns with the Biden administration’s broader climate and clean energy goals, focusing on reducing greenhouse gas emissions and fostering sustainable energy practices, including next-generation building upgrades that lower demand. The USDA's support will also promote energy independence in rural areas, enabling local cooperatives to meet the energy demands of their communities while decreasing reliance on fossil fuels.

The funding is expected to have a far-reaching impact, not only reducing carbon footprints but also creating jobs in the renewable energy and construction sectors. By modernizing energy infrastructure, rural electric cooperatives can expand access to clean, affordable energy while contributing to the nationwide shift toward a more sustainable energy future.

The USDA’s commitment to supporting rural electric cooperatives marks a significant step in the transition to a more resilient and sustainable energy grid, mirroring grid modernization projects in Canada seen in recent years. By investing in renewables and modernizing transmission and storage systems, the government aims to improve energy access and reliability in rural communities, ultimately driving the growth of a cleaner, more energy-efficient economy.

As part of the initiative, the USDA has also highlighted its commitment to helping rural cooperatives navigate the challenges of implementing new technologies and infrastructure. The agency has pledged to provide technical assistance, ensuring that cooperatives have the resources and expertise needed to successfully complete these projects.

In conclusion, the USDA’s $4.37 billion investment represents a significant effort to improve the energy landscape of rural America. By supporting the development of renewable energy, energy storage, and transmission upgrades, the USDA is not only fostering a cleaner energy future but also enhancing the resilience of rural communities. This initiative will contribute to the nationwide transition toward a sustainable, low-carbon economy, ensuring that rural areas are not left behind in the global push for renewable energy.

 

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OPG, TVA Partner on New Nuclear Technology Development

OPG-TVA SMR Partnership advances advanced nuclear technology and small modular reactors for 24/7 carbon-free baseload power, enabling net-zero goals, cross-border licensing, and deployment within a North American clean energy hub.

 

Key Points

A cross-border effort by OPG and TVA to develop, license, and deploy SMRs for reliable, carbon-free baseload power.

✅ Coordinates design, licensing, construction, and operations

✅ Supports 24/7 baseload, net-zero targets, and energy security

✅ Leverages Darlington and Clinch River early site permits

 

Two of North America's leading nuclear utilities unveiled a pioneering partnership to develop advanced nuclear technology as an integral part of a clean energy future and creating a North American energy hub. Ontario Power Generation, whose OPG's SMR commitment is well established, and the Tennessee Valley Authority will jointly work to help develop small modular reactors as an effective long-term source of 24/7 carbon-free energy in both Canada and the U.S.

The agreement allows the companies to coordinate their explorations into the design, licensing, construction and operation of small modular reactors.

"As leaders in our industry and nations, OPG and TVA share a common goal to decarbonize energy generation while maintaining reliability and low-cost service, which our customers expect and deserve," said Jeff Lyash, TVA President and CEO. "Advanced nuclear technology will not only help us meet our net-zero carbon targets but will also advance North American energy security."

"Nuclear energy has long been key to Ontario's clean electricity grid, and is a crucial part of our net-zero future," said Ken Hartwick, OPG President and CEO. "Working together, OPG and TVA will find efficiencies and share best practices for the long-term supply of the economical, carbon-free, reliable electricity our jurisdictions need, supported by ongoing Pickering life extensions across Ontario's fleet."

OPG and TVA have similar histories and missions. Both are based on public power models that developed from renewable hydroelectric generation before adding nuclear to their generation mixes. Today, nuclear generation accounts for significant portions of their carbon-free energy portfolios, with Ontario advancing the Pickering B refurbishment to sustain capacity.

Both are also actively exploring SMR technologies. OPG is moving forward with plans to deploy an SMR at its Darlington nuclear facility in Clarington, ON, as part of broader Darlington SMR plans now underway. The Darlington site is the only location in Canada licensed for new nuclear with a completed and accepted Environmental Assessment. TVA currently holds the only Nuclear Regulatory Commission Early Site Permit in the U.S. for small modular reactor deployment at its Clinch River site near Oak Ridge, TN.

No exchange of funding is involved. However, the collaboration agreement will help OPG and TVA reduce the financial risk that comes from development of innovative technology, as well as future deployment costs.

"TVA has the most recent experience completing a new nuclear plant in North America at Watts Bar and that knowledge is invaluable to us as we work toward the first SMR groundbreaking at Darlington," said Hartwick. "Likewise, because we are a little further along in our construction timing, TVA will gain the advantage of our experience before they start work at Clinch River."

"It's a win-win agreement that benefits all of those served by both OPG and TVA, as well as our nations," said Lyash. "Moving this technology forward is not only a significant step in advancing a clean energy future and Canada's climate goals, but also in creating a North American energy hub."

"With the demand for clean electricity on the rise around the world, Ontario's momentum is growing. The world is watching Ontario as we advance our work to fully unleash our nuclear advantage, alongside a premiers' SMR initiative that underscores provincial collaboration. I congratulate OPG and TVA – two great industry leaders – for working together to deploy SMRs and showcase and apply Canada's nuclear expertise that will deliver economic, health and environmental benefits for all of us to enjoy," said Todd Smith, Ontario Minister of Energy.

"The changing climate is a global crisis that requires global solutions. The partnership between the Tennessee Valley Authority and Ontario Power Generation to develop and deploy advanced nuclear technology is exactly the kind of innovative collaboration that is needed to quickly bring the next generation of nuclear carbon-free generation to market. I applaud the leadership that both companies are demonstrating to further strengthen our cross-border relationships," said Maria Korsnick, President and CEO, Nuclear Energy Institute.

 

 

 

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Germany turns to coal for a third of its electricity

Germany's Coal Reliance reflects an energy crisis, soaring natural gas prices, and a nuclear phase-out, as Destatis data show higher coal-fired electricity despite growing wind and solar generation, impacting grid stability and emissions.

 

Key Points

Germany's coal reliance is more coal power due to gas spikes and a nuclear phase-out, despite wind and solar growth.

✅ Coal share near one-third of electricity, per Destatis

✅ Gas-fired output falls as prices soar after Russia's invasion

✅ Wind and solar rise; grid stability and recession risks persist

 

Germany is relying on highly-polluting coal for almost a third of its electricity, as the impact of government policies, reflecting an energy balancing act for the power sector, and the war in Ukraine leads producers in Europe’s largest economy to use less gas and nuclear energy.

In the first six months of the year, Germany generated 82.6 kWh of electricity from coal, up 17 per cent from the same period last year, according to data from Destatis, the national statistics office, published on Wednesday. The leap means almost one-third of German electricity generation now comes from coal-fired plants, up from 27 per cent last year. Production from natural gas, which has tripled in price to €235 per megawatt hour since Russia’s invasion in late February, fell 18 per cent to only 11.7 per cent of total generation.

Destatis said that the shift from gas to coal was sharper in the second quarter. Coal-fired electricity increased by an annual rate of 23 per cent in the three months to June, while electricity generation from natural gas fell 19 per cent.

The figures highlight the challenge facing European governments in meeting clean energy goals after the Kremlin announced this week that the Nordstream 1 pipeline that takes Russian gas to Germany would remain closed until Europe removed sanctions on the country’s oil.

Germany has been trying to reduce its reliance on coal, which releases almost twice as many emissions as gas and more than 60 times those of nuclear energy, according to estimates from the Intergovernmental Panel on Climate Change, though grid expansion challenges have slowed renewable build-out in recent years.

Chancellor Olaf Scholz said the opposition CDU bore “complete responsibility” for the exit from coal and nuclear power that formed part of his predecessor Angela Merkel’s Energiewende policies, amid a continuing nuclear option debate in climate policy, which in turn raised reliance on Russian gas. At the beginning of this year, more than 50 per cent of Germany’s gas imports came from Russia, a figure that fell slightly over the opening half of 2022.

But CDU leader Friedrich Merz accused the government of “madness” over its decision to idle the country’s three remaining nuclear power stations from the end of this year, though officials have argued that nuclear would do little to solve the gas issue in the short term.

Electricity generation from nuclear energy has already halved after three of the six nuclear power plants that were still in operation at the end of 2021 were closed during the first half of this year. Berlin said on Monday it would keep on standby two of its remaining three nuclear power stations, a move to extend nuclear power during the energy crisis, which were all due to close at the end of the year.

The German government has warned of the risk of electricity shortages this winter. “We cannot be sure that, in the event of grid bottlenecks in neighbouring countries, there will be enough power plants available to help stabilise our electricity grid in the short term,” said German economy minister Robert Habeck on Monday.

However Scholz said that, after raising gas storage levels to 86 per cent of capacity, Germany would “probably get through this winter, despite all the tension”.

One bright spot from the data was the increase in use of renewable energy, highlighting a recent renewables milestone in Germany. The proportion of electricity generated from wind power generation rose by 18 per cent to 25 per cent of all electricity generation, while solar energy production increased 20 per cent.

Ángel Talavera, head of Europe economics at the consultancy Oxford Economics, said that the success in moving away from gas towards other energy sources “means that the risks of hard energy rationing over the winter are less severe now, even with little to no Russian gas flows”.

However, economists still expect a recession in the eurozone’s largest economy, amid a deteriorating German economy outlook over the near term, as a large part of the impact comes via higher prices and because industries and households still rely on gas for heating.

Separate official data also published on Wednesday showed that German industrial production slid 0.3 per cent between June and July. Production at Germany’s most energy intensive industries fell almost 7 per cent in the five months after Russia’s invasion of Ukraine.

“The demand destruction caused by the surge in prices will still send the German economy into recession over the winter,” said Talavera.

 

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Nelson, B.C. Gets Charged Up on a New EV Fast-Charging Station

Nelson DC Fast-Charging EV Station delivers 50-kilowatt DCFC service at the community complex, expanding EV infrastructure in British Columbia with FortisBC, faster than Level 2 chargers, supporting clean transportation, range confidence, and highway corridor travel.

 

Key Points

A 50 kW public DC fast charger in Nelson, BC, run by FortisBC, providing rapid EV charging at the community complex.

✅ 50 kW DCFC cuts charge time to about 30 minutes

✅ $9 per half hour session; convenient downtown location

✅ Funded by NRCan, BC government, and FortisBC

 

FortisBC and the City of Nelson celebrated the opening of Nelson's first publicly available direct current fast-charging (DCFC) electric vehicle (EV) station on Friday.

"Adopting EV's is one of many ways for individuals to reduce carbon emissions," said Mayor John Dooley, City of Nelson. "We hope that the added convenience of this fast-charging station helps grow EV adoption among our community, and we appreciate the support from FortisBC, the province and the federal government."

The new station, located at the Nelson and District Community Complex, provides a convenient and faster charge option right in the heart of the commercial district and makes Nelson more accessible for both local and out-of-town EV drivers. The 50-kilowatt station is expected to bring a compact EV from zero to 80 per cent charged in about a half an hour, as compared to the four Level-2 charging stations located in downtown Nelson that require from three to four hours. The cost for a half hour charge at the new DC fast-charging station is $9 per half hour.

This fast-charging station was made possible through a partnership between FortisBC, the City of Nelson, Nelson Hydro, the Province of British Columbia and Natural Resources Canada. As part of the partnership, the City of Nelson is providing the location and FortisBC will own and manage the station.

This is the latest of 12 fast-charging stations FortisBC has built over the last year with support from municipalities and all levels of government, and adds to the five FortisBC-owned Kootenay stations that were opened as part of the accelerate Kootenays initiative in 2018.

All 12 stations were 50 per cent funded by Natural Resources Canada, 25 per cent by BC Ministry of Energy, Mines and Petroleum Resources and the remaining 25 per cent by FortisBC. The funding is provided by Natural Resources Canada's Electric Vehicle and Alternative Fuel Infrastructure Deployment Initiative, which aims to establish a coast-to-coast network of fast-chargers along the national highway system, natural gas refueling stations along key freight corridors and hydrogen refueling stations in major metropolitan areas. It is part of the Government of Canada's more than $180-billion Investing in Canada infrastructure plan. The Government of British Columbia is also contributing $300,000 towards the fast-chargers through its Clean Energy Vehicle Public Fast Charging Program.

This station brings the total DCFC chargers FortisBC owns and operates to 17 stations across 14 communities in the southern interior. FortisBC continues to look for opportunities to expand this network as part of its 30BY30 goal of reducing emissions from its customers by 30 per cent by 2030. For more information about the FortisBC electric vehicle fast-charging network, visit: fortisbc.com/electricvehicle.

"Electric vehicles play a key role in building a cleaner future. We are pleased to work with partners like FortisBC and the City of Nelson to give Canadians greener options to drive where they need to go, " said The Honourable Seamus O'Regan, Canada's Minister of Natural Resources.

"Nelson's first public fast-charging EV station increases EV infrastructure in the city, making it easier than ever to make the switch to cleaner transportation. Along with a range of rebates and financial incentives available to EV drivers, it is now more convenient and affordable to go electric and this station is a welcome addition to our EV charging infrastructure," said Michelle Mungall, BC's Minister of Jobs, Economic Development and Competitiveness, and MLA for Nelson Creston.

"Building the necessary DC fast-charging infrastructure, such as the Lillooet fast-charging site in British Columbia, close to highways and local amenities where drivers need them most is a critical step in growing electric vehicle adoption. Collaborations like this are proving to be an effective way to achieve this, and I'd like to thank all the program partners for their commitment in opening this important station, " said Mark Warren, Director of Business Innovation, FortisBC.

 

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Lawmakers question FERC licensing process for dams in West Virginia

FERC Hydropower Licensing Dispute centers on FERC authority, Clean Water Act compliance, state water quality certifications, Federal Power Act timelines, and Army Corps dams on West Virginia's Monongahela River licenses.

 

Key Points

An inquiry into FERC's licensing process and state water quality authority for hydropower at Monongahela River dams.

✅ Questions on omitted state water quality conditions

✅ Debate over starting Clean Water Act certification timelines

✅ Potential impacts on states' rights and licensing schedules

 

As federal lawmakers, including Democrats pressing FERC, plan to consider a bill that would expand Federal Energy Regulatory Commission (FERC) licensing authority, questions emerged on Tuesday about the process used by FERC to issue two hydropower licenses for existing dams in West Virginia.

In a letter to FERC Chairman Neil Chatterjee, Democratic leaders of the House Energy and Commerce Committee, as electricity pricing changes were being debated, raised questions about hydropower licenses issued for two dams operated by the U.S. Army Corps of Engineers on the Monongahela River in West Virginia.

U.S. Reps. Frank Pallone Jr. (D-NJ), the ranking member of the Subcommittee on Energy, Bobby Rush (D-IL), the ranking member of the Subcommittee on Environment, and John Sarbanes (D-MD), amid Maryland clean energy enforcement concerns, questioned why FERC did not incorporate all conditions outlined in a West Virginia Department of Environmental Protection water quality certificate into plans for the projects.

“By denying the state its allotted time to review this application and submit requirements on these licenses, FERC is undermining the state’s authority under the Clean Water Act and Federal Power Act to impose conditions that will ensure water quality standards are met,” the letter stated.

The House of Representatives was slated to consider the Hydropower Policy Modernization Act of 2017, H.R. 3043, later in the week. The measure would expand FERC authority over licensing processes, a theme mirrored in Maine's transmission line debate over interstate energy projects. Opponents of the bill argue that the changes would make it more difficult for states to protect their clean water interests.

West Virginia has announced plans to challenge FERC hydropower licenses for the dams on the Monongahela River, echoing Northern Pass opposition seen in New Hampshire.

 

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