U.S. solar energy industry blasts government move

By Reuters


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Leaders in the U.S. solar energy industry blasted the U.S. government for a freeze on applications for new solar projects on public land in six Western states.

The Bureau of Land Management announced the freeze a month ago, saying it would conduct an extensive study looking at the environmental, social and economic impacts of solar energy development.

During the 22-month study, the agency will not consider any new proposals for solar energy developments on public land in Arizona, California, Colorado, Nevada, New Mexico or Utah.

Fred Morse, senior advisor for U.S. operations at Abengoa Solar, a Spanish company with a solar plant in development in Arizona, said the moratorium could hurt many companies in the burgeoning U.S. industry.

Companies could face hefty fines if they don't deliver on previously signed agreements to supply power, and a blanket freeze on the industry is a mistake, he said.

"All companies will be hurt by this freeze if they have a project (in the works)," Morse said.

Before the freeze went into effect at the end of May, the government had received approximately 130 applications for development on over one million acres of land, said Linda Resseguie, the Bureau of Land Management's project manager for the study.

"We are going to be working with the 130 applications that we have," Resseguie told Reuters. "It seemed best to us not to continue to build on that until we more fully understand which public lands are best suited for solar energy development."

The applications currently being looked at by the Bureau of Land Management have the potential to generate 70 billion watts of electricity, enough energy to power about 20 million homes in the United States, Resseguie said.

At a time of record high gasoline prices and calls from the presumptive presidential candidates of both major parties for development of energy alternatives to oil, solar industry proponents attacked the federal agency's freeze.

"We think it's ludicrous that the BLM (Bureau of Land Management) will put a moratorium on new projects when they haven't processed a single one," Rhone Resch, president of the Solar Energy Industry Association, told reporters during a conference call to mark the opening of a new solar manufacturing plant in Las Vegas, Nevada.

"There are 80 million acres on U.S. land leased to the oil and gas industry, and not one acre for solar."

The government freeze on new applications showed a "big disconnect" from public support for solar power, Resch said.

In the same call, Robert Fishman, chief executive of privately held Ausra, a solar thermal power developer headquartered in Palo Alto, California, said a recent poll showed 94 percent of Americans favor solar power development to help ease pollution and cut energy costs.

Ausra opened its first U.S.-based manufacturing plant for reflectors and other components of its solar plants in Las Vegas. Ausra last November announced plans to build a 177-megawatt solar farm in central California for PG&E Corp.

"The BLM is just quitting," said Fishman. "What they should be doing is staffing up and seeing how they are going to process these applications."

The agency says the benefits of the study will outweigh the potential costs to some companies.

"We think the program will be better for it in the end," Resseguie said.

Morse said he hoped the agency would reconsider the blanket policy in favor of a program that would allow what he called "real" projects - those where long-term agreements to supply power have already been signed - to be evaluated.

The Bureau of Land Management, an agency of the Interior Department, controls 258 million acres of land, or about 13 percent of the total surface land in the country, primarily in Western states. The sunny desert land that makes up a large portion of the six states is the ideal terrain for solar energy development.

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Europe's largest shore power plant opens

AIDAsol shore power Rostock-Warnemfcnde delivers cold ironing for cruise ships, up to 20 MVA at berths P7 and P8, cutting port emissions during berthing and advancing AIDA's green cruising strategy across European ports.

 

Key Points

Rostock-Warnemfcnde shore power supplies two cruise ships up to 20 MVA, enabling cold ironing and cutting emissions.

✅ Up to 20 MVA; powers two cruise ships at berths P7 and P8

✅ Enables cold ironing for AIDA fleet to reduce berth emissions

✅ Part of AIDA green cruising with fuel cells and batteries

 

In a ceremony held in Rostock-Warnemünde yesterday during Germany’s 12th National Maritime Conference, the 2,174-passenger cruise ship AIDAsol inaugurated Europe’s largest shore power plants for ships.

The power plant has been established under a joint agreement between AIDA Cruises, a unit of Carnival Corporation & plc (NYSE/LSE: CCL; NYSE: CUK), the state government of Mecklenburg-Western Pomerania, the city of Rostock and the Port of Rostock.

“With our green cruising strategy, we have been investing in a sustainable cruise market for many years,” said AIDA Cruises President Felix Eichhorn. “The shore power plant in Rostock-Warnemünde is another important step — after the facility in Hamburg — on our way to an emission-neutral cruise that we want to achieve with our fleet. I would like to thank the state government of Mecklenburg-Western Pomerania and all partners involved for the good and trusting cooperation. Together, we are sending out an important signal, not just in Germany, but throughout Europe.”

CAN POWER TWO CRUISE SHIPS AT A TIME
The shore power plant, which was completed in summer 2020, is currently the largest in Europe and aligns with port electrification efforts such as the all-electric berth at London Gateway in the UK. With an output of up to 20 megavolt amperes (MVA), two cruise ships can be supplied with electricity at the same time at berths P7 and P8 in Warnemünde.

In regular passenger operation AIDAsol needs up to 4.5 megawatts per hour (MWh) of electricity.

The use of shore power to supply ships with energy is a decisive step in AIDA Cruises’ plans to reduce local emissions to zero during berthing, complementing recent progress with electric ships on the B.C. coast, as a cruise ship typically stays in port around 40% of its operating time.

As early as 2004, when the order for the construction of AIDAdiva was placed, and for all other ships put into service in subsequent years, the company has considered the use of shore power as an option for environmentally friendly ship operation.

Since 2017, AIDA Cruises has been using Europe’s first shore power plant in Hamburg-Altona, where AIDAsol is in regular operation, while operators like BC Ferries add hybrid ferries to expand low-emission service in Canada. Currently, 10 ships in the AIDA fleet can either use shore power where available or are technically prepared for it.

The aim is to convert all ships built from 2000 onwards, supporting future solutions like offshore charging with wind power.

With AIDA Cruises starting a cruise season from Kiel, Germany, on May 22, AIDAsol will also be the first cruise ship to complete the final tests on a newly built shore power plant there, as innovations such as Berlin’s electric flying ferry highlight the broader shift toward electrified waterways. Construction of that plant is the result of a joint initiative by the state government of Schleswig-Holstein, the city and the port of Kiel and AIDA Cruises. AIDAsol is scheduled to arrive in Kiel on the afternoon of May 13.

As part of its green cruising strategy, AIDA Cruises has been investing in a sustainable cruise operation for many years, paralleling urban shifts toward zero-emission bus fleets in Berlin. Other steps on the path to the zero emission ship of the future are already in preparation. This year, AIDAnova will receive the first fuel cell to be used on an ocean-going cruise ship. In 2022, the largest battery storage system to date in cruise shipping will go into operation on board an AIDA ship, similar to advances in battery-electric ferries in the U.S. In addition, the company is already addressing the question of how renewable fuels can be used on board cruise ships in the future.

 

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Was there another reason for electricity shutdowns in California?

PG&E Wind Shutdown and Renewable Reliability examines PSPS strategy, wildfire risk, transmission line exposure, wind turbine cut-out speeds, grid stability, and California's energy mix amid historic high-wind events and supply constraints across service areas.

 

Key Points

An overview of PG&E's PSPS decisions, wildfire mitigation, and how wind cut-out limits influence grid reliability.

✅ Wind turbines reach cut-out near 55 mph, reducing generation.

✅ PSPS mitigates ignition from damaged transmission infrastructure.

✅ Baseload diversity improves resilience during high-wind events.

 

According to the official, widely reported story, Pacific Gas & Electric (PG&E) initiated power shutoffs across substantial portions of its electric transmission system in northern California as a precautionary measure.

Citing high wind speeds they described as “historic,” the utility claims that if it didn’t turn off the grid, wind-caused damage to its infrastructure could start more wildfires.

Perhaps that’s true. Perhaps. This tale presumes that the folks who designed and maintain PG&E’s transmission system are unaware of or ignored the need to design it to withstand severe weather events, and that the Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corp. (NERC) allowed the utility to do so.

Ignorance and incompetence happens, to be sure, but there’s much about this story that doesn’t smell right—and it’s disappointing that most journalists and elected officials are apparently accepting it without question.

Take, for example, this statement from a Fox News story about the Kincade Fires: “A PG&E meteorologist said it’s ‘likely that many trees will fall, branches will break,’ which could damage utility infrastructure and start a fire.”

Did you ever notice how utilities cut wide swaths of trees away when transmission lines pass through forests? There’s a reason for that: When trees fall and branches break, the grid can still function, and even as the electric rhythms of New York City shifted during COVID-19, operators planned for variability.

So, if badly designed and poorly maintained infrastructure isn’t the reason PG&E cut power to millions of Californians, what might have prompted them to do so? Could it be that PG&E’s heavy reliance on renewable energy means they don’t have the power to send when a “historic” weather event occurs, especially as policymakers weigh the postponed closure of three power plants elsewhere in California?

 

Wind Speed Limits

The two most popular forms of renewable energy come with operating limitations, which is why some energy leaders urge us to keep electricity options open when planning the grid. With solar power, the constraint is obvious: the availability of sunlight. One doesn’t generate solar power at night and energy generation drops off with increasing degrees of cloud cover during the day.

The main operating constraint of wind power is, of course, wind speed, and even in markets undergoing 'transformative change' in wind generation, operators adhere to these technical limits. At the low end of the scale, you need about a 6 or 7 miles-per-hour wind to get a turbine moving. This is called the “cut-in speed.” To generate maximum power, about a 30 mph wind is typically required. But, if the wind speed is too high, the wind turbine will shut down. This is called the “cut-out speed,” and it’s about 55 miles per hour for most modern wind turbines.

It may seem odd that wind turbines have a cut-out speed, but there’s a very good reason for it. Each wind turbine rotor is connected to an electric generator housed in the turbine nacelle. The connection is made through a gearbox that is sized to turn the generator at the precise speed required to produce 60 Hertz AC power.

The blades of the wind turbine are airfoils, just like the wings of an airplane. Adjusting the pitch (angle) of the blades allows the rotor to maintain constant speed, which, in turn, allows the generator to maintain the constant speed it needs to safely deliver power to the grid. However, there’s a limit to blade pitch adjustment. When the wind is blowing so hard that pitch adjustment is no longer possible, the turbine shuts down. That’s the cut-out speed.

Now consider how California’s power generation profile has changed. According to Energy Information Administration data, the state generated 74.3 percent of its electricity from traditional sources—fossil fuels and nuclear, amid debates over whether to classify nuclear as renewable—in 2001. Hydroelectric, geothermal, and biomass-generated power accounted for most of the remaining 25.7 percent, with wind and solar providing only 1.98 percent of the total.

By 2018, the state’s renewable portfolio had jumped to 43.8 percent of total generation, with clean power increasing and wind and solar now accounting for 17.9 percent of total generation. That’s a lot of power to depend on from inherently unreliable sources. Thus, it wouldn’t be at all surprising to learn that PG&E didn’t stop delivering power out of fear of starting fires, but because it knew it wouldn’t have power to deliver once high winds shut down all those wind turbines

 

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Power customers in British Columbia, Quebec have faced fees for refusing the installation of smart meters

NB Power Smart Meter Opt-Out Fees reflect cost causation principles set before the Energy and Utilities Board, covering meter reading charges, transmitter-disable options, rollout targets, and education plans across New Brunswick's smart metering program.

 

Key Points

Fees NB Power may apply to customers opting out of smart meters, reflecting cost causation and meter-reading costs.

✅ Based on cost causation and meter reading expenses

✅ BC and Quebec charge monthly opt-out surcharges

✅ Policy finalized during rollout after EUB review

 

NB Power customers who do not want a smart meter installed on their home could be facing a stiff fee for that decision, but so far the utility is not saying how much it might be.  

"It will be based on the principles of cost causation, but we have not gotten into the detail of what that fee would be at this point," said NB Power Senior Vice President of Operations Lori Clark at Energy and Utilities Board hearings on Friday.

In other jurisdictions that have already adopted smart meters, customers not wanting to participate have faced hundreds of dollars in extra charges, while Texas utilities' pullback from smart-home networks shows approaches can differ.

In British Columbia, power customers are charged a meter reading fee of $32.40 per month if they refuse a smart meter, or $20 per month if they accept a smart meter but insist its radio transmitter be turned off. That's a cost of between $240 and $388.80 per year for customers to opt out.

In Quebec, smart meters were installed beginning in 2012. Customers who refused the devices were initially charged $98 to opt out plus a meter reading fee of $17 per month. That was eventually cut by Quebec's energy board in 2014 to a $15 refusal fee and a $5 per month meter reading surcharge.

NB Power said it may be a year or more before it settles on its own fee.

"The opt out policy will be developed and implemented as part of the roll out.  It will be one of the last things we do," said Clark.

 

Customers need to be on board

NB Power is in front of the New Brunswick Energy and Utilities Board seeking permission to spend $122.7 million to install 350,000 smart meters province wide, as neighboring markets grapple with major rate increases that heighten affordability concerns.  

The meters are capable of transmitting consumption data of customers back to NB Power in real time, which the utility said will allow for a number of innovations in pricing and service, and help address old meter inaccuracies that affected some households.

The meters require near universal adoption by customers to maximize their financial benefit — like eliminating more than $20 million a year NB Power currently spends to read meters manually. The utility has said the switch will not succeed if too many customers opt out.

"We certainly wouldn't be looking at making an investment of this size without having the customer with us," said Clark.

On Thursday, Kent County resident Daniel LeBlanc, who along with Roger Richard, is opposing the introduction of smart meters for health reasons, predicted a cool reception for the technology in many parts of the province, given concerns that include health effects and billing disputes in Nova Scotia reported elsewhere.

"If one were to ask most of the people in the rural areas, I'm not sure you would get a lot of takers for this infrastructure," said LeBlanc, who is concerned with the long-term effect microwave frequencies used by the meters to transmit data may have on human health.

That issue is before the EUB next week.

 

Haven't tested the waters

NB Power acknowledged it has not measured public opinion on adopting smart meters but is confident it can convince customers it is a good idea for them and the utility, even as seasonal rate proposals in New Brunswick have prompted consumer backlash.

"People don't understand what the smart meter is," said Clark. "We need to educate our customers first to allow them to make an informed decision so that will be part of the roll out plan."

Clark noted that smart meters, helped by stiff opting out penalties, were eventually accepted by 98 per cent of customers in British Columbia and by 97.4 per cent of customers in Quebec.

"We will check and adjust along the way if there are issues with customer uptake," said Clark.

 

"This is very similar to what has been done in other jurisdictions and they haven't had those challenges."

 

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4 ways the energy crisis hits U.S. electricity, gas, EVs

U.S. Energy Crunch disrupts fuel and power markets, driving natural gas price spikes, coal resurgence, utility mix shifts, supply chain strains for EV batteries, and inflation pressures, complicating climate policy, OPEC outreach and LNG trade

 

Key Points

Supply-demand gaps raise fuel costs, revive coal, strain EV materials, and complicate U.S. climate policy and plans.

✅ Natural gas spikes shift generation from gas to coal

✅ Supply chain shortages hit nickel, silicon, and chips

✅ Policy tensions between price relief and decarbonization

 

A global energy crunch is creating pain for people struggling to fill their tanks and heat their homes, as well as roiling the utility industry’s plans to change its mix of generation and complicating the Biden administration’s plans to tackle climate change.

The ripple effects of a surge in natural gas prices include a spike in coal use and emissions that counter clean energy targets. High fossil fuel prices also are translating into high prices and a supply crunch for key minerals like silicon used in clean energy projects. On a call with investors yesterday, a Tesla Inc. executive said the company is having a hard time finding enough nickel for batteries.

The crisis could pose political problems for the Biden administration, which spent the last few months fending off criticism about rising fuel prices and inflation (Energywire, Oct. 14).

“Energy issues at this moment are as salient to the American public as they have been in quite some time,” said Christopher Borick, who directs the Muhlenberg College Institute of Public Opinion in Pennsylvania, where Biden stopped yesterday to pitch his infrastructure plan.

While gasoline prices have gotten headlines all summer, natural gas prices have risen faster than motor fuels, more than doubling from an average $1.92 per thousand cubic feet in September 2020 to $5.16 last month. By comparison, gasoline prices have risen about 55 percent in the last year, to $3.36 per gallon nationwide this week, according to AAA.

The roots of the problem go back to the beginning of the pandemic and the recession in 2020. Oil and gas prices fell so fast then that many producers, particularly in the U.S., simply stopped drilling.

Oil companies began predicting a few months later that the abrupt shutdown would eventually lead to shortages and price spikes when the economy recovered. Those predictions turned out to be accurate.

With the economy beginning to recover, demand for gas has gone up, but there’s not enough supply to go around.

While the U.S. energy crunch isn’t as severe as Europe’s energy crisis today, and analysts predict that gas prices will gradually fall next year, consumers could be in for a rough couple of months.

Here’s four ways the global energy crisis is impacting the United States, from the electricity sector to the political landscape:

What are the political repercussions?
For the Biden administration, the energy price hikes come amid fears of rising inflation and persistent supply bottlenecks at the nation’s ports as its climate ambitions face headwinds in Congress.

“The confluence of energy prices, logistical challenges and the need to move on climate have raised this to the top tier,” said Borick, who in the past has polled on energy and environmental issues in Pennsylvania.

Borick noted the administration is facing counterpressures: Even as it pushes to decarbonize the nation’s electric system, it wants to keep gas prices in check. High gasoline prices have been linked to declining political approval ratings, including for presidents, even if much of the price hikes are beyond their control.

White House press secretary Jen Psaki said earlier this month that the administration can take steps to address what it called “short-term supply issues,” but also needs to focus on the long term — and climate.

In hopes of capping prices, the White House has spoken with members of OPEC about increasing oil production — though OPEC has little control over natural gas prices. And earlier this month, the administration talked to U.S. oil and gas producers about helping to bring down prices.

That comes even as environmentalists have pushed Biden to ban federal fossil fuel leasing and drilling and stop new projects.

The moves to curb prices have prompted ridicule from Republicans, who have accused Biden of declaring war on U.S. energy by canceling the Keystone XL pipeline.

“The Biden administration won’t say it out loud, yet let’s admit it: There is a crisis,” Sen. John Barrasso (R-Wyo.) said this week on the Senate floor. “It is one that Joe Biden and his administration has created. It is a crisis of Joe Biden’s own making.”

The situation has also resurfaced comparisons to former President Carter, who struggled politically in the 1970s with gasoline shortages and other energy pressures. Some political scientists say, though, the comparison between the two isn’t apples to apples.

"In 1979, the crisis began with the Iranian Revolution, producing a supply shortage. In the USA, some states rationed the supply. That’s not occurring now. Oil prices were also regulated, another difference, “ said Terry Madonna, a senior fellow in residence for political affairs at Millersville University.

A Morning Consult poll released yesterday carried warning signs for Democrats with worries about the economy on the rise across the political spectrum.

Voters, however, were evenly split on how Biden is handling energy. Forty-two percent of respondents approve of Biden’s energy policy, compared with 45 percent who disapproved. The margin of error is 2 percentage points.

Will the electricity mix change?
Higher gas prices are giving coal a boost in some markets.

Atlanta-based Southern Co. told CNBC earlier this week, for instance, that coal was about 17 percent of the company’s power mix last year. That has changed in 2021.

“The unintended consequence of high gas prices is that coal becomes more economic, and so my sense is … our coal production has bumped up above 20 percent,” Southern CEO Tom Fanning said. “Now, how long that’ll persist, I don’t know.”

Fanning said “what we’re seeing right now, and the real challenge in America, is this notion of energy in transition.”

But the U.S. power sector has been evolving for years, with more renewables and less coal on the grid, and experts say the current energy crunch won’t change long-term utility trends in the industry.

“In general, I wouldn’t place too much emphasis on short-term fluctuations,” Jay Apt, a professor at Carnegie Mellon University, said in an email. “There is still a robust supply chain for most components needed for low-pollution power, including renewables.”

In fact, elevated fossil fuel prices, and high natural gas prices in particular, could accelerate the move toward wind, solar and batteries in some areas. That’s because power plants that run on coal and natural gas can be affected by rising and volatile fuel prices, as illustrated by the recent move in commodities globally. That means higher costs to run the facilities, even if power prices often climb along with gas prices.

“If I were a utility planner, this would cause me to double down on new generation from [wind] and solar and storage as opposed to building additional natural gas plants where, you know, I could be having these super high and volatile operating costs,” said Bri-Mathias Hodge, an associate professor in the Department of Electrical, Computer and Energy Engineering at the University of Colorado, Boulder.

Ed Hirs, an energy fellow at the University of Houston, said the current global situation doesn’t change the U.S. power sector’s overall move toward generation with lower operating costs.

For example, he said nuclear and coal plants can require hundreds of employees, and both have fuel costs. Hirs said a gas facility also needs fuel and may need dozens of employees. Wind and solar facilities often need a smaller number of workers and don’t require fuel in their operations, he noted.

“Eventually the cheap wins out,” Hirs said.

That isn’t even factoring in climate change — the reason world leaders are seeking to slash greenhouse gas emissions. Indeed, lowering emissions remains a priority among many states and big companies in the U.S.

Over the next 10 to 15 years, Hirs said, a key question will be whether battery technology can compete economically in terms of backing up renewables. He said a national carbon price, if enacted, would aid renewables and enhance returns on batteries.

“The real battle is going to be between natural gas and battery storage,” Hirs said.

Apt and M. Granger Morgan, who’s also a Carnegie Mellon professor, noted in a Hill piece last month that the U.S. gets about 40 percent of its power from carbon-free sources, including nuclear.

“Modelers and many power system operators agree that it is possible that renewables can cost-effectively make up roughly 80% of electricity generation,” the professors wrote, adding that other sources could include “storage and gas turbines powered with hydrogen, synfuels, or natural gas with carbon capture.”

What about EVs and renewables?
As for electric vehicles, executives with Tesla said on a call yesterday that supply-chain problems are the major brake on production for both vehicles and batteries.

Chief Financial Officer Zachary Kirkhorn said that the company’s factories aren’t running at full capacity because of an ongoing shortage of semiconductor chips. Customers are waiting longer for vehicles, he said, and wait lists are growing.

The challenges extend to raw materials. In batteries, Kirkhorn said, the company is having trouble finding enough nickel, and in vehicles, it is scrounging for aluminum. He said the problem is "not small," and that prices may rise as supply contracts come up for renewal.

The supply problems are creating "cost headwinds," he said, and so are rising labor costs. Tesla is not immune from the worker shortages that are plaguing the entire U.S. economy.

The production woes aren’t limited to Tesla: Automakers around the world have have had their output crimped by the chip shortage that accompanied the economic rebound after pandemic lockdowns. Unlike many other automakers, Tesla hasn’t been forced to pause its factory lines.

Tesla said it is poised to greatly expand its production of batteries for the electric grid — with a caveat.

Last month, Tesla broke ground on a new California factory to make Megapack, its 3 megawatt-per-hour lithium-ion batteries for use by power companies. That future factory’s capacity, 40 gigawatt per hour a year, is vastly more than the 3 GWh it made in the last calendar year.

However, today’s supply-chain problems are braking the making of both Megapack and Powerwall, Tesla’s battery for homes, Kirkhorn said. He added that production will increase "as soon as parts allow us."

Other advocates for EVs and renewable power expressed little concern about the supply crunch’s meaning for their industries, noting that higher prices alone don’t automatically trigger a broader green revolution on their own.

Those problems likely wouldn’t change the immediate course of the energy transition, researchers said.

"Short-term trends, week to week or even month to month, don’t matter much for investors or policy makers," wrote John Graham, a former budget official with the Bush administration and professor at Indiana University’s O’Neill School of Public and Environmental Affairs, in an email to E&E News.

The crunch may give policymakers a glimpse of the future, however, according to one minerals analyst.

"This isn’t going to be an outlier. I think increasingly you’re going to see pockets of the world start to feel these strains," said Andrew Miller, product director at Benchmark Mineral Intelligence, which focuses its research on battery minerals and battery supply chains.

The U.S. and its allies are only now beginning to develop their own supply chains for batteries and other key clean energy technologies, he noted. "The issue you’re facing, and this is one coming over time, is to have the platform in place. You have to have the supply chain of raw materials," he said.

"I think you’re going to see the most turbulence over the coming decade. … It’s not going to be a smooth transition,” added Miller.

How long will gas prices stay high?
The gap between natural gas demand and supply has led to severe price spikes in Europe, where utilities and other gas buyers have to compete against China for cargoes of liquefied natural gas, according to a research note from IHS Markit Ltd.

Here in the U.S., the causes are the same, but the results aren’t as extreme. Less than 10 percent of domestic gas production is exported as LNG, so American customers don’t have to compete as much against overseas buyers.

Instead, gas-hungry sectors of the economy have run into another problem, IHS analyst Matthew Palmer said in an interview. Gas producers have been cautious about increasing their output, largely because of pressure from investors to limit their spending.

“That theme has really put a governor on production,” he said.

The disconnect will likely mean higher home gas bills and higher electric prices this winter, although deep freeze events or warm weather could disrupt the trend, he said. The U.S. Energy Information Administration is predicting that average heating bills for homes that use gas furnaces will rise 30 percent this winter.

This comes as U.S. gas supply remains high, according to a biennial assessment from the Potential Gas Committee, a group of volunteer geoscientists, engineers and other experts.

Including reserves, future gas supply in the U.S. stands at a record 3,863 trillion cubic feet, up 25 tcf from levels reported in 2019, the group said Tuesday at an event co-hosted with the American Gas Association.

Of that total, so-called technically recoverable resources — or those in the ground but not yet recovered — are 3,368 tcf, the PGC said, down less than 0.2 percent from the last assessment.

The amount of technically recoverable gas went relatively unchanged from year-end 2018 for several reasons, including a lack of company activity in exploration efforts last year due to COVID, said Alexei Milkov, the group’s executive director.

Another factor is that basins mature and shale plays “cannot increase in resources forever,” said Milkov, also a professor of geology and geological engineering at the Colorado School of Mines.

Still, Milkov added, “We cannot tell you right now if we are on a new plateau, or if we are going to start seeing more growth in gas resources again, right, because it’s a complex issue.”

The EIA predicts that gas production will increase and prices will begin to drop in 2022.

David Flaherty, CEO of the Republican polling firm Magellan Strategies in Colorado, said prices could particularly hit seniors. But he said he expected the energy crunch to ease in the U.S. well before the election.

“By early summer, this is likely to be behind us,” he said.

 

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Texas lawmakers propose electricity market bailout after winter storm

Texas Electricity Market Bailout proposes securitization bonds and ERCOT-backed fees after Winter Storm Uri, spreading costs via ratepayer charges on power bills to stabilize generators, co-ops, and retailers and avert bankruptcies and investor flight.

 

Key Points

State plan to securitize storm debts via ERCOT fees, adding bill charges to stabilize Texas power firms.

✅ Securitization bonds finance unpaid ancillary services and energy costs

✅ ERCOT fee spreads Winter Storm Uri debts across ratepayers statewide

✅ Aims to prevent bankruptcies, preserve grid reliability, reassure investors

 

An approximately $2.5 billion plan to bail out Texas’ distressed electricity market from the financial crisis caused by Winter Storm Uri in February has been approved by the Texas House.

The legislation would impose a fee — likely for the next decade or longer — on electricity companies, which would then get passed on to residential and business customers in their power bills, even as some utilities waived certain fees earlier in the crisis.

House lawmakers sent House Bill 4492 to the Senate on Thursday after a 129-15 vote. A similar bill is advancing in the Senate.

Some of the state’s electricity providers and generators are financially underwater in the aftermath of the February power outages, which left millions without power and killed more than 100 people. Electricity companies had to buy whatever power was available at the maximum rate allowed by Texas regulations — $9,000 per megawatt hour — during the week of the storm (the average price for power in 2020 was $22 per megawatt hour). Natural gas fuel prices also spiked more than 700% during the storm.

Several companies are nearing default on their bills to the Electric Reliability Council of Texas, which manages the Texas power grid that covers most of the state and facilitates financial transactions in it.

Rural electric cooperatives were especially hard hit; Brazos Electric Power Cooperative, which supplies electricity to 1.5 million customers, filed for bankruptcy citing a $1.8 billion debt to ERCOT.

State Rep. Chris Paddie, R-Marshall, the bill’s author, said a second bailout bill will be necessary during the current legislative session for severely distressed electric cooperatives.

“This is a financial crisis, and it’s a big one,” James Schaefer, a senior managing director at Guggenheim Partners, an investment bank, told lawmakers at a House State Affairs Committee hearing in early April. He warned that more bankruptcies would cause higher costs to customers and hurt the state’s image in the eyes of investors.

“You’ve got to free the system,” Schaefer said. “It’s horrible that a bunch of folks have to pay, but it’s a system-wide failure. If you let a bunch of folks crash, it’s not a good look for your state.”

If approved by the Senate and Gov. Greg Abbott, a newly-created Texas Electric Securitization Corp. would use the money raised from the fees for bonds to help pay the companies’ debts, including costs for ancillary services, a financial product that helps ensure power is continuously generated and improve electricity reliability across the grid.

Paddie told his colleagues Wednesday that he could not yet estimate how long the new fee would be imposed, but during committee hearings lawmakers estimated it’s likely to be at least a decade. Several other bills to spread out the costs of the winter storm and consider market reforms are also moving through the Legislature.

ERCOT’s independent market monitor recommended in March that energy sold during that period be repriced at a lower rate, which would have allowed ERCOT to claw back about $4.2 billion in payments to power generators, but the Public Utility Commission declined to do so, even as a court ruling on plant obligations in emergencies drew scrutiny among market participants.

Instead, lawmakers are pushing for bailouts that several energy experts have said is needed, both to ensure distressed companies don’t pass enormous costs on to their customers and to prevent electricity investors and companies from leaving the state if it’s viewed as too risky to continue doing business.

Becky Klein, an energy consultant in Austin and former chair of the Public Utility Commission who played a key role in de-regulating Texas’ electricity market two decades ago, said during a retail electricity panel hosted by Integrate that legislation is necessary to provide “some kind of backstop during a crazy market crisis like this to show the financial market that we’re willing to provide some relief.”

Still, some lawmakers are concerned with how they will win public support, including potential voter-approved funding measures, for bills to bail out the state’s electricity market.

“I have to go back to Laredo and say, ‘I know you didn’t have electricity for several days, but now I’m going to make you pay a little more for the next 20 years,’” state Rep. Richard Peña Raymond, D-Laredo, said during an early April discussion on the plan in the House State Affairs Committee. He said he voted for the bill because it’s in the best interest of the state.

Paddie, during the same committee hearing, acknowledged that “none of us want to increase fees or taxes.” However, he said, “We have to deal with the reality set before us.”

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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