Governor agrees to coal plant compromise

By Kansas State Collegian


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The Sunflower Electric Power CorporationÂ’s proposal for a cleaner coal plant in southwest Kansas has been passed, according to Sunflower Electric.

Governor Mark Parkinson signed a renewable energy bill as part of his agreement to overcome the 19-month feud between Sunflower and the governor's office.

The new deal allows the construction of a coal-powered plant — though one much smaller than the original plans called for — outside of Holcomb, Kan. The bill also calls for renewable energy sources, like wind, to provide 20 percent of the public utilities' electricity by 2020.

ParkinsonÂ’s plan also includes updates for transmission lines. This will allow the current wind farms to tie in to the new system.

“We’re not going to be able to fully develop the wind capacity in Kansas unless we have transmission capability,” said House Speaker Mike O'Neal, R-Hutchinson.

According to a Sunflower press release, the corporation will be allowed to build an 895-megawatt plant, with enough storage to provide power to approximately 448,000 households. Sunflower agreed to work toward off-setting potential carbon-dioxide emissions, which are estimated to be 6.7 million tons per year.

Sunflower had applied for a permit in 2006 to build its plant with three generating units at 2,100 megawatts. They were denied early due to carbon emissions, and the company fought for two years at the state level before the agreement was reached.

The Environmental Protection Agency determined that too much about this project has been altered to allow Sunflower to move ahead with its initial permit, according to David Bryan, spokesman for the EPA's regional office in Kansas City.

“We believe the proposal by Sunflower is a new project,” Bryan said. “That means we expect a public comment period, a technical analysis, all the things that need to be done.”

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NT Power Penalized $75,000 for Delayed Disconnection Notices

NT Power OEB Compliance Penalty highlights a $75,000 fine for improper disconnection notices, 14-day rule violations, process oversight failures, refunds, LEAP support, and corrective training to strengthen consumer protection and regulatory adherence in Ontario areas.

 

Key Points

A $75,000 OEB fine to NT Power for improper disconnection notices; refunds, LEAP support, and improved compliance.

✅ $75k administrative monetary penalty; $25k LEAP donation; refunds

✅ 870 notices misdated; 14-day rule training implemented

✅ 10 disconnects reconnected; $100 goodwill credits

 

The Ontario Energy Board recently ruled against Newmarket-Tay Power Distribution Ltd. (NT Power), fining them $75,000 for failing to issue timely disconnection notices to 870 customers between April and August 2022. These notices did not comply with the Ontario Energy Board's distribution system code, similar to standards reaffirmed in the OEB decision on Hydro One rates earlier this year, which mandates a minimum 14-day notice period before disconnection.

Out of the affected customers, ten had their electricity services disconnected, and six were additionally charged reconnection fees. However, NT Power has since reconnected all disconnected customers and refunded the reconnection fees, as confirmed by the Ontario Energy Board.

In response to these issues, NT Power has voluntarily accepted an assurance of compliance. This agreement stipulates that NT Power will pay a $75,000 administrative monetary penalty. Furthermore, they will make an additional payment of $25,000 to the Salvation Army's Northridge Community Church, which administers the Low-income Energy Assistance Program (LEAP) within NT Power's service area, aligning with broader efforts to reduce costs for industry highlighted by Canadian Manufacturers & Exporters recently, according to the association.

This is not the first time NT Power has faced compliance issues in this regard. The utility company admitted that this incident marks the second instance in three years where they failed to adhere to their disconnection-related obligations as outlined in the code, and sector governance debates, including the Manitoba Hydro board debate, underscore how oversight remains a national focus.

In a statement to NewmarketToday, NT Power acknowledged a similar issue three years ago when they were alerted to problems with their disconnection process. They promptly made adjustments to align their in-house procedures with the requirements of the Ontario Energy Board. Unfortunately, they neglected to implement a secondary check, leading to disconnect notices being dated a few days too early.

Alex Braletic, NT Power's Vice President of Engineering and Operation, clarified that no customers were actually disconnected prematurely, and debates over paying for electricity in India illustrate how enforcement challenges differ globally, but the issued letters contained inaccuracies. He added that NT Power has since instituted additional verification procedures to prevent such errors from occurring again.

The Ontario Energy Board emphasized that NT Power has assured them that corrective measures have been taken to ensure that their staff involved in the disconnection process receive proper training and management oversight, and recent market reactions such as Hydro One shares falling after leadership changes underscore the importance of strong governance to guarantee compliance with regulatory requirements.

Brian Hewson, Vice President of Consumer Protection and Industry Performance at the Ontario Energy Board, stated, referencing earlier Ontario rate reductions for businesses that complemented consumer protections, "As a result of the actions we have taken and NT Power’s assurance that it is aware of its obligations and has taken steps to improve its processes, consumers will be better protected."

Braletic encouraged NT Power's customers who are facing difficulties paying their electricity bills to reach out to their customer service department or visit their website. He emphasized that various programs and services are available to provide relief for bills, and amid ongoing Toronto Hydro impersonation scams customers should contact NT Power directly. NT Power is committed to collaborating with customers proactively and connecting them with assistance to avoid serving them with disconnection notices.

Furthermore, NT Power plans to send a letter to the ten affected customers and provide each of them with a $100 bill credit as a goodwill gesture.

 

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Germany’s renewable energy dreams derailed by cheap Russian gas, electricity grid expansion woes

Germany Energy Transition faces offshore wind expansion, grid bottlenecks, and North-South transmission delays, while Nord Stream 2 boosts Russian gas reliance and lignite coal persists amid a nuclear phaseout and rising re-dispatch costs.

 

Key Points

Germanys shift to renewables faces grid delays, boosting gas via Nord Stream 2 and extending lignite coal use.

✅ Offshore wind grows, but grid congestion curtails turbines.

✅ Nord Stream 2 expands Russian gas supply to German industry.

✅ Lignite coal persists, raising emissions amid nuclear exit.

 

On a blazing hot August day on Germany’s Baltic Sea coast, a few hundred tourists skip the beach to visit the “Fascination Offshore Wind” exhibition, held in the port of Mukran at the Arkona wind park. They stand facing the sea, gawking at white fiberglass blades, which at 250 feet are longer than the wingspan of a 747 aircraft. Those blades, they’re told, will soon be spinning atop 60 wind-turbine towers bolted to concrete pilings driven deep into the seabed 20 miles offshore. By early 2019, Arkona is expected to generate 385 megawatts, enough electricity to power 400,000 homes.

“We really would like to give the public an idea of what we are going to do here,” says Silke Steen, a manager at Arkona. “To let them say, ‘Wow, impressive!’”

Had the tourists turned their backs to the sea and faced inland, they would have taken in an equally monumental sight, though this one isn’t on the day’s agenda: giant steel pipes coated in gray concrete, stacked five high and laid out in long rows on a stretch of dirt. The port manager tells me that the rows of 40-foot-long, 4-foot-thick pipes are so big that they can be seen from outer space. They are destined for the Nord Stream 2 pipeline, a colossus that, when completed next year, will extend nearly 800 miles from Russia to Germany, bringing twice the amount of gas that a current pipeline carries.

The two projects, whose cargo yards are within a few hundred feet of each other, provide a contrast between Germany’s dream of renewable energy and the political realities of cheap Russian gas. In 2010, Germany announced an ambitious goal of generating 80 percent of its electricity from renewable sources by 2050. In 2011, it doubled down on the commitment by deciding to shut down every last nuclear power plant in the country by 2022, as part of a broader coal and nuclear phaseout strategy embraced by policymakers. The German government has paid more than $600 billion to citizens and companies that generate solar and wind power. As a result, the generating capacity from renewable sources has soared: In 2017, a third of the nation’s electricity came from wind, solar, hydropower and biogas, up from 3.6 percent in 1990.

But Germany’s lofty vision has run into a gritty reality: Replacing fossil fuels and nuclear power in one of the largest industrial nations in the world is politically more difficult and expensive than planners thought. It has forced Germany to put the brakes on its ambitious renewables program, ramp up its investments in fossil fuels, amid a renewed nuclear option debate over climate strategy, and, to some extent, put its leadership role in the fight against climate change on hold.

The trouble lies with Germany’s electricity grid. Solar and wind power call for more complex and expensive distribution networks than conventional large power plants do. “What the Germans were good at was getting new technology into the market, like wind and solar power,” said Arne Jungjohann, author of Energy Democracy: Germany’s ENERGIEWENDE to Renewables. To achieve its goals, “Germany needs to overhaul its whole grid.”

 

The North-South Conundrum

The boom in wind power has created an unanticipated mismatch between supply and demand. Big wind turbines, especially offshore plants such as Arkona, produce powerful, concentrated gusts of energy. That’s good when the factory that needs that energy is nearby and the wind kicks up during working hours. It’s another matter when factories are hundreds of miles away. In Germany, wind farms tend to be located in the blustery north. Many of the nation’s big factories lie in the south, which also happens to be where most of the country’s nuclear plants are being mothballed.

Getting that power from north to south is problematic. On windy days, northern wind farms generate too much energy for the grid to handle. Power lines get overloaded. To cope, grid operators ask wind farms to disconnect their turbines from the grid—those elegant blades that tourists so admired sit idle. To ensure a supply of power, operators employ backup generators at great expense. These so-called re-dispatching costs ran to 1.4 billion euros ($1.6 billion) last year.

The solution is to build more power transmission lines to take the excess wind from northern wind farms to southern factories. A grid expansion project is underway to do exactly that. Nearly 5,000 miles of new transmission lines, at a cost of billions of euros, will be paid for by utility customers. So far, less than a fifth of the lines have been built.

The grid expansion is “catastrophically behind schedule,” Energy Minister Peter Altmaier told the Handelsblatt business newspaper in August. Among the setbacks: citizens living along the route of four high-voltage power lines have demanded the cables be buried underground, which has added to the time and expense. The lines won’t be finished before 2025—three years after Germany’s nuclear shutdown is due to be completed.

With this backlog, the government has put the brakes on wind power, reducing the number of new contracts for farms and curtailing the amount it pays for renewable energy. “In the past, we have focused too much on the mere expansion of renewable energy capacity,” Joachim Pfeiffer, a spokesman for the Christian Democratic Union, wrote to Newsweek. “We failed to synchronize this expansion of generation with grid expansion.”

Advocates of renewables are up in arms, accusing the government of suffocating their industry and making planning impossible. Thousands of people lost their jobs in the wind industry, according to Wolfram Axthelm, CEO of the German Wind Energy Association. “For 2019 and 2020, we see a highly problematic situation for the industry,” he wrote in an email.

 

Fueling the Gap

Nord Stream 2, by contrast, is proceeding according to schedule. A beige and black barge, Castoro 10, hauls dozens of lengths of giant pipe off Germany’s Baltic Sea coast, where a welding machine connects them for lowering onto the seabed. The $11 billion project is funded by Russian state gas monopoly Gazprom and five European investors, at no direct cost to the German taxpayer. It is slated to cross the territorial waters of five countries—Germany, Russia, Finland, Sweden and Denmark. All but Denmark have approved the route. “We have good reason to believe that after four governments said yes, that Denmark will also approve the pipeline,” says Nord Stream 2 spokesman Jens Mueller.

Construction of the pipeline off Finland began in September, and the gas is expected to start flowing in late 2019, giving Russia leverage to increase its share of the European gas market. It already provides a third of the gas used in the EU and will likely provide more after the Netherlands stops its gas production in 2030. President Donald Trump has called the pipeline “a very bad thing for NATO” and said that “Germany is totally controlled by Russia.” U.S. senators have threatened sanctions against companies involved in the project. Ukraine and Poland are concerned the new pipeline will make older pipelines in their territories irrelevant.

German leaders are also wary of dependence on Russia but are under considerable pressure to deliver energy to industry. Indeed, among the pipeline’s investors are German companies that want to run their factories, like BASF’s Wintershall subsidiary and Uniper, the German utility. “It’s not that Germany is naive,” says Kirsten Westphal, an energy expert at the German Institute for International and Security Affairs. It’s just pragmatic. “Economically, the judgment is that yes, this gas will be needed, we have an import gap to fill.”

The electricity transmission problem has also opened an opportunity for lignite coal, as coal generation in Germany remains significant, the most carbon-intensive fuel available and the source for nearly a quarter of Germany’s power. Mining companies are expanding their operations in coal-rich regions to strip out the fuel while it is still relevant. In the village of Pödelwitz, 155 miles south of Berlin, most houses feature a white sign with the logo of Mibrag, the German mining giant, which has paid nearly all the 130 residents to relocate. The company plans to level the village and scrape lignite that lies below the soil.

A resurgence in coal helped raise carbon emissions in 2015 and 2016 (2017 saw a slight decline), maintaining Germany’s place as Europe’s largest carbon emitter. Chancellor Angela Merkel has scrapped her pledge to slash carbon emissions to 40 percent of 1990 levels by the year 2020. Several members have threatened to resign from her policy commission on coal if the government allows utility company RWE to mine for lignite in Hambach Forest.

Only a few years ago, during the Paris climate talks, Germany led the EU in pushing for ambitious plans to curb emissions. Now, it seems to be having second thoughts. Recently, the European Union’s climate chief, Miguel Arias Cañete, suggested EU nations step up their commitment to reduce carbon emissions by 45 percent of 1990 levels instead of 40 percent by 2030. “I think we should first stick to the goals we have already set ourselves,” Merkel replied, even as a possible nuclear phaseout U-turn is debated, “I don’t think permanently setting ourselves new goals makes any sense.”

 

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

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

 

Key Points

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

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

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

✅ Passage depends on bipartisan infrastructure compromise

 

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

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

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

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

 

Pressure from the Left

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

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

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

 

Implications of a potential ITC extension

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

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

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

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

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

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

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

 

Will consensus be reached?

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

 

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N.L. premier says Muskrat Falls costs are too great for optimism about benefits

Muskrat Falls financial impact highlights a hydro megaproject's cost overruns, rate mitigation challenges, and inquiry findings in Newfoundland and Labrador, with power exports, Churchill River generation, and subsea cables shaping long-term viability.

 

Key Points

It refers to the project's burden on provincial finances, driven by cost overruns, rate hikes, and debt risks.

✅ Costs rose to $12.7B from $6.2B; inquiry cites suppressed risks.

✅ Rate mitigation needed to offset power bill shocks.

✅ Exports via subsea cables may improve long-term viability.

 

Newfoundland and Labrador's premier says the Muskrat Falls hydro megaproject is currently too much of a massive financial burden for him to be optimistic about its long-term potential.

"I am probably one of the most optimistic people in this room," Liberal Premier Dwight Ball told the inquiry into the project's runaway cost and scheduling issues, echoing challenges at Manitoba Hydro that have raised similar concerns.

"I believe the future is optimistic for Newfoundland Labrador, of course I do. But I'm not going to sit here today and say we have an optimistic future because of the Muskrat Falls project."

Ball, who was re-elected on May 16, has been critical of the project since he was opposition leader around the time it was sanctioned by the former Tory government.

He said Friday that despite his criticism of the Labrador dam, which has seen costs essentially double to more than $12.7 billion, he didn't set out to celebrate a failed project.

He said he still wants to see Muskrat Falls succeed someday through power sales outside the province, but there are immediate challenges -- including mitigating power-rate hikes once the dam starts providing full power and addressing winter reliability risks for households.

"We were told the project would be $6.2 billion, we're at $12.7 (billion). We were never told this project would be nearly 30 per cent of the net debt of this province just six, seven years later," the premier said.

"I wanted this to be successful, and in the long term I still want it to be successful. But we have to deal with the next 10 years."

The nearly complete dam will harness Labrador's lower Churchill River to provide electricity to the province as well as Nova Scotia and potentially beyond through subsea cables, while the legacy of Churchill Falls continues to shape regional power arrangements.

Ball's testimony wraps up a crucial phase of hearings in the extensive public inquiry.

The inquiry has heard from dozens of witnesses, with current and former politicians, bureaucrats, executives and consultants, amid debates over Quebec's electricity ambitions in the region, shedding long-demanded light on what went on behind closed doors that made the project go sideways.

Some witnesses have suggested that estimates were intentionally suppressed, and many high-ranking officials, including former premiers, have denied seeing key information about risk.

On Thursday, Ball testified to his shock when he began to understand the true financial state of the project after he was elected premier in 2015.

On Friday, Ball said he has more faith in future of the offshore oil and gas industry, and emerging options like small nuclear reactors, for example, than a mismanaged project that has put immense pressure on residents already struggling to make ends meet.

After his testimony, Ball said he takes some responsibility for a missed opportunity to mitigate methylmercury risks downstream from the dam through capping the reservoir, in parallel with debates over biomass power in electricity generation, something he had committed to doing before it is fully flooded this summer.

Still to come is a third phase of hearings on future best practices for issues like managing large-scale projects and independent electricity planning, two public feedback sessions and closing submissions from lawyers.

The final report from the inquiry is due before Dec. 31.

 

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Aging U.S. power grid threatens progress on renewables, EVs

U.S. Grid Modernization is critical for renewable energy integration, EV adoption, climate resilience, and reliability, requiring transmission upgrades, inter-regional links, hardened substations, and smart grid investments to handle extreme weather and decarbonization targets.

 

Key Points

U.S. Grid Modernization upgrades power networks to improve reliability, integrate renewables, and support EV demand.

✅ $2T+ investment needed for transmission upgrades

✅ Extreme weather doubling outages since 2017

✅ Regulatory fragmentation slows inter-regional lines

 

After decades of struggle, the U.S. clean-energy business is booming, with soaring electric-car sales and fast growth in wind and solar power. That’s raising hopes for the fight against climate change.

All this progress, however, could be derailed, as the green revolution stalls without a massive overhaul of America’s antiquated electric infrastructure – a task some industry experts say requires more than $2 trillion. The current network of transmission wires, substations and transformers is decaying with age and underinvestment, a condition highlighted by catastrophic failures during increasingly frequent and severe weather events.

Power outages over the last six years have more than doubled in number compared to the previous six years, according to a Reuters examination of federal data. In the past two years, power systems have collapsed in Gulf Coast hurricanes, West Coast wildfires, Midwest heat waves and a Texas deep freeze and recurring Texas grid crisis risks, causing long and sometimes deadly outages.

Compounding the problem, the seven regional grid operators in the United States are underestimating the growing threat of severe weather caused by climate change, Reuters found in a review of more than 10,000 pages of regulatory documents and operators’ public disclosures. Their risk models, used to guide transmission-network investments, consider historical weather patterns extending as far back as the 1970s. None account for scientific research documenting today’s more extreme weather and how it can disrupt grid generation, transmission and fuel supplies simultaneously.

The decrepit power infrastructure of the world’s largest economy is among the biggest obstacles to expanding clean energy and combating climate change on the ambitious schedule laid out by U.S. President Joe Biden. His administration promises to eliminate or offset carbon emissions from the power sector by 2035 and from the entire U.S. economy by 2050. Such rapid clean-energy growth would pressure the nation’s grid in two ways: Widespread EV adoption will spark a huge surge in power demand; and increasing dependence on renewable power creates reliability problems on days with less sun or wind, as seen in Texas, where experts have outlined reliability improvements that address these challenges.

The U.S. transmission network has seen outages double in recent years amid more frequent and severe weather events, driven by climate change and a utility supply-chain crunch that slows critical repairs. The system needs a massive upgrade to handle expected growth in clean energy and electric cars. 

“Competition from renewables is being strangled without adequate and necessary upgrades to the transmission network,” said Simon Mahan, executive director of the Southern Renewable Energy Association, which represents solar and wind companies.

The federal government, however, lacks the authority to push through the massive grid expansion and modernization needed to withstand wilder weather and accommodate EVs and renewable power. Under the current regulatory regime, and amid contentious electricity pricing proposals in recent years, the needed infrastructure investments are instead controlled by a Byzantine web of local, state and regional regulators who have strong political incentives to hold down spending, according to Reuters interviews with grid operators, federal and state regulators, and executives from utilities and construction firms.

“Competition from renewables is being strangled without adequate and necessary upgrades to the transmission network.”

Paying for major grid upgrades would require these regulators to sign off on rate increases likely to spark strong opposition from consumers and local and state politicians, who are keen to keep utility bills low. In addition, utility companies often fight investments in transmission-network improvements because they can result in new connections to other regional grids that could allow rival companies to compete on their turf, even as coal and nuclear disruptions raise brownout risks in some regions. With the advance of green energy, those inter-regional connections will become ever more essential to move power from far-flung solar and wind installations to population centers.

The power-sharing among states and regions with often conflicting interests makes it extremely challenging to coordinate any national strategy to modernize the grid, said Alison Silverstein, an independent industry consultant and former senior adviser to the U.S. Federal Energy Regulatory Commission (FERC).

“The politics are a freakin’ nightmare,” she said.

The FERC declined to comment for this story. FERC Commissioner Mark Christie, a Republican, acknowledged the limitations of the agency’s power over the U.S. grid in an April 21 agency meeting involving transmission planning and costs.

“We can’t force states to do anything,” Christie said.

The White House and Energy Department did not comment in response to detailed questions from Reuters on the Biden administration’s plans to tackle U.S. grid problems and their impact on green-energy expansion.

The administration said in an April news release that it plans to offer $2.5 billion in grants for grid-modernization projects as part of Biden’s $1 trillion infrastructure package, complementing a proposed clean electricity standard to accelerate decarbonization over the next decade. A modernized grid, the release said, is the “linchpin” of Biden’s clean-energy agenda.

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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