Toronto Hydro customers may pay for settlement

By Toronto Star


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Toronto Hydro consumers may be forced to compensate the utility almost $8 million for its share of a class-action lawsuit settlement involving illegal interest charges on late payments.

The electricity utility intends to ask the Ontario Energy Board for approval to recover its portion of the $17-million settlement, spokesperson Denise Attallah said.

Since Toronto Hydro has about 690,000 customers, that means the average customer will have to pay more than $11.

But Attallah added the settlement will not be finalized until September 22, after the end of a 30-day opt-out period for eligible customers and a 30-day appeal period for the litigants.

In the ruling, Ontario Superior Court Justice Peter Cumming approved the settlement of the lawsuit launched on behalf of customers against Toronto Hydro and other Ontario utilities for charging illegally high interest on late payments.

“The litigation has contributed to achieving behaviour modification by causing Toronto Hydro and the members of the defendant class to abolish the unlawful late payment penalties,” the judge said.

After legal costs are deducted from the $17 million settlement, the remaining $12 million will be used to help needy Ontario consumers pay their hydro bills, the judge said.

The United Way of Greater Toronto will administer the money for all parts of Ontario except Ottawa, where the funds will be controlled by United Way/Centraide Ottawa.

United Way of Greater Toronto’s Susan Vardon said the settlement money will be distributed to various economically disadvantaged hydro users over 10 years. “It will go far.”

The judge said it was “very problematic and excessively costly” to determine how much each overcharged customer should be compensated, so the alternative of helping disadvantaged hydro users provides “a public and social good.”

Up until the early 2000s, Toronto Hydro and other municipal electrical utilities charged late payment penalties of 5 or 7 per cent a month. But the Criminal Code prohibits charging interest of more than 60 per cent a year.

“If a utility bill was paid one day late, the 5 per cent late payment fee could have an extremely high effective annual interest rate percentage,” Cumming said.

Toronto Hydro reduced its late payment penalties to 1.5 per cent per month in 2000, and other utilities followed suit by 2002.

An economist retained by the plaintiffs estimated that, as of the end of 2009, Toronto Hydro customers saved $96.8 million after the utility reduced its penalty.

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Europeans push back from Russian oil and gas

EU Renewable Energy Transition is accelerating under REPowerEU, as wind and solar generation hit records, improving energy security, efficiency, and decarbonization while reducing reliance on Russian fossil fuels across the EU grid.

 

Key Points

EU shift to wind and solar under REPowerEU to cut fossil fuels, boost efficiency, and secure energy supply.

✅ Wind and solar set record 22% of EU electricity in 2022

✅ REPowerEU targets over 40% renewables and 15% lower demand by 2030

✅ Diversifies away from Russian fuels; partners with US and Norway

 

Europe is producing all-time highs of wind and solar energy as the 27-country group works to reduce its reliance on fossil fuels from Russia, a shift underscored by Europe's green surge across the bloc.

Four months after Vladimir Putin’s full-scale invasion of Ukraine in February 2022, the European Commission launched REPowerEU. This campaign aims to:

  • Boost the use of renewable energy.
  • Reduce overall energy consumption.
  • Diversify energy sources.

EU countries were already moving toward renewable energy, but Russia’s war against Ukraine accelerated that trend. In 2022, for the first time, renewables surpassed fossil fuels and wind and solar power surpassed gas as a source of electricity. Wind and solar provided a record-breaking 22% of EU countries’ electrical supply, according to London-based energy think tank Ember.

“We have to double down on investments in home-grown renewables,” European Commission President Ursula von der Leyen said in October 2022. “Not only for the climate but also because the transition to the clean energy is the best way to gain independence and to have security of energy supply.”

Across the continent, growth in solar generation rose by 25% in 2022, according to Ember, as solar reshapes electricity prices in Northern Europe. Twenty EU countries produced their highest share of solar power in 2022. In October, Greece ran entirely on renewables for several hours and is seven years ahead of schedule for its 2030 solar capacity target.

Meanwhile, Ireland's green electricity target aims to make more than a third of its power supply renewable within four years.

By 2030, RePowerEU aims to provide more than 40% of the EU’s total power from renewables, aligning with global renewable records being shattered worldwide.

To meet the European Commission’s goal to cut EU energy usage by 15%, people and governments changed their habits and became more energy-efficient, while Germany's solar power boost helped bolster supply. Among their actions:

  • Germany turned down the heat in public buildings and lowered the cost of train tickets to reduce car usage, as clean energy hit 50% in Germany during this period.
  • Spain ordered stores and public buildings to turn off their lights at night.
  • France dimmed the Eiffel Tower and reduced city speed limits.

For the oil and gas that the EU still needed to import, countries turned to partners such as Norway and the United States.

 

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PG&E's bankruptcy plan wins support from wildfire victims

PG&E Bankruptcy Plan outlines wildfire victims compensation via a $13.5B trust funded by cash and stock, aiming CPUC and court approval before June 30 to access the state wildfire insurance fund and finalize settlement.

 

Key Points

A regulator-approved plan funding a $13.5B wildfire victims trust with cash and PG&E stock to exit bankruptcy.

✅ $13.5B trust split between cash and PG&E shares

✅ Targets CPUC and court approval to meet June 30 deadline

✅ Accesses state wildfire insurance fund for future risks

 

Pacific Gas & Electric's plan for getting out of bankruptcy has won overwhelming support from the victims of deadly Northern California wildfires ignited by the utility's fraying electrical grid, while some have pursued mega-fire lawsuits through the courts as well, despite concerns that they will be shortchanged by a $13.5 billion fund that's supposed to cover their losses.

The company announced the preliminary results of the vote on Monday without providing a specific tally. Those numbers are supposed to be filed with U.S. Bankruptcy Judge Dennis Montali by Friday.

The backing of the wildfire victims keeps PG&E on track to meet a June 30 deadline to emerge from bankruptcy in time to qualify for a coverage from a California wildfire insurance fund created to help protect the utility from getting into financial trouble again.

The current bankruptcy case, which began early last year, will require PG&E to pay out about $25.5 billion to cover the devastation caused by its neglect, including a Camp Fire guilty plea that underscored liabilities in court proceedings. It's the second time in less than 20 years that PG&E has filed for bankruptcy.

The backing for PG&E's plan isn't a surprise, even though some of the roughly 80,000 wildfire victims had been trying to rally resistance to what they consider to be a deeply flawed plan. The misgivings mostly center on the massive debt that the utility will take on to finance the plan and uncertainties about the fluctuating value of the $6.75 billion in company stock that comprises half of the $13.5 billion promised them.

As it became apparent that the COVID-19 pandemic would drive the economy into a deep recession, PG&E's shares plunged along with the rest of the stock market during March, even as it announced pandemic response measures for customers and employees during that period. That led one financial expert to estimate the PG&E stock earmarked for the wildfire victims' trust would be worth only $4.85 billion, a nearly 30% markdown.

But PG&E's stock price has rebounded in recent weeks and it's now worth more than it was when the deal setting up the victims' trust was struck last December. The shares surged more than 8% to $12.28 in Monday's late afternoon trading. The stock stood at $9.65 when PG&E reached its settlement the wildfire victims.

Critics of the utility's plan also are upset because the company still hasn't specified when the fire victims will be able to sell the shares. It now seems likely the victims will have to hold the stock through the upcoming wildfire season in Northern California, raising the specter that another calamity caused by the utility's badly outdated equipment, as power line fire reports have underscored, could cause the shares to plummet before they can cash out.

A petition signed by more than 3,100 wildfire victims recently urged Gov. Gavin Newsom to consider pushing back the deadline for qualifying for the state's wildfire from June 30 to late August to allow for more time to revise PG&E's plan, as many also turn to a wildfire assistance program for interim aid while they wait. Newsom's office hasn't responded to inquiry about the plan from The Associated Press.

But the lawyers representing the wildfire victims advised their clients to vote in favor of PG&E's plan, contending that it's the best deal they are going to get.

PG&E still must get its plan approved by the judge supervising its case, and a recent judge order on dividend use underscores the focus on wildfire mitigation. The confirmation hearings are scheduled to begin May 27. The judge, though, has indicated he will give great weight to the wishes of the wildfire victims.

California state regulators also must approve PG&E's plan, amid projections that rates will stabilize in 2025 for customers. A vote on that is scheduled Thursday before the Public Utilities Commission.

 

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Share of coal in UK's electricity system falls to record lows

UK Coal Phase-Out marks record-low coal generation as the UK grid shifts to renewable power, wind farms, and a net zero trajectory, slashing carbon emissions and supporting cleaner EV charging across the electricity system.

 

Key Points

UK Coal Phase-Out ends coal-fired electricity nationwide, powered by renewables and net zero policy to cut grid carbon.

✅ Coal's Q2 share fell to 0.7%, a record low

✅ Renewables up 12% with Beatrice wind farm

✅ EV charging grows cleaner as grid decarbonizes

 

The share of coal in the UK’s electricity system has fallen to record lows in recent months, alongside a coal-free power record, according to government data.

The figures show electricity generated by the UK’s most polluting power plants made up an average of 0.7% of the total in the second quarter of this year, a shift underway since wind first outpaced coal in 2016 across the UK. The amount of coal used to power the electricity grid fell by almost two-thirds compared with the same months last year.

A government spokesperson said coal-generated energy “will soon be a distant memory” as the UK moves towards becoming a net zero emissions economy, despite signs that low-carbon generation stalled in 2019 in some analyses.

“This new record low is a result of our world-leading low-carbon energy industry, which provided more than half of our energy last year and continues to go from strength to strength as we aim to end our contribution to climate change entirely by 2050,” the spokesperson said.

The UK electricity market is on track to end coal power after 142 years by the government’s target date of 2025.

This year three major energy companies have announced plans to close coal-fired power plants in the UK, which would leave only four remaining after the coming winter, ahead of the last coal power station going offline nationwide.

RWE said this month it would close the Aberthaw B power station in south Wales, its last UK coal plant, after the winter. SSE will close the Fiddler’s Ferry plant near Warrington, Cheshire, in March 2020, and EDF Energy will shutter the Cottam coal plant in September.

So far this year the UK has gone more than 3,000 hours without using coal for power, including a full week without coal earlier in the year – nearly five times more than the whole of 2017.

Meanwhile, the government’s data shows that renewable energy climbed by 12% from the second quarter of last year, boosted by the startup of the Beatrice windfarm in the Moray Firth in Scotland, and the UK leading the G20 in wind power share in recent assessments.

The cleaner power system could accelerate carbon savings from the UK’s roads, too, as more drivers opt for electric vehicles. A study by Imperial College London for the energy company Drax found that the UK’s increasingly low-carbon energy system meant electric cars were a greener option even when taking into account the carbon emissions produced by making car batteries.

Dr Iain Staffell, of Imperial College London, said: “An electric vehicle in the UK simply cannot be more polluting than its petrol or diesel equivalent – even when taking into account the upfront carbon cost of manufacturing their batteries. Any EV bought today could be emitting just a tenth of what a petrol car would in as little as five years’ time, as the electricity it uses to charge comes from an increasingly low-carbon mix.”

 

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Coronavirus and the U.S. grid: What to know

COVID-19 Impact on US Electric Grid: utilities, ERCOT, PJM, and MISO brace for load shifts as remote work rises, industrial demand falls, and nuclear plants enforce pandemic planning to maintain reliability and resilience.

 

Key Points

Pandemic-driven changes in electricity demand and operations as utilities shift to remote work and reduced industrial use.

✅ Utilities enact remote work and suspend disconnections

✅ Grid operators model load shifts and maintain reliability

✅ Nuclear plants sustain operations with pandemic protocols

 

Operators of the nation's electric grid and energy companies are bracing for the spread of a virus that is undercutting power demand in countries across Asia and Europe as daily activities grind to a halt.

Owners of U.S. utilities and nuclear plants are canceling events, halting travel, pushing remote work and testing ill workers to slow the spread of the novel coronavirus.

So far, grid operators in the United States say no substantial effect on the electricity demand has emerged, but that could change, even though some reports indicate the U.S. grid is safe for now amid COVID-19. Texas' main grid operator, the Electric Reliability Council of Texas (ERCOT), expressed uncertainty when asked whether it will see changes in demand patterns for power due to the virus.

"It's too early to tell," Leslie Sopko, a spokeswoman for ERCOT, said in an email.

The virus has already taken a toll on power demand overseas. The chairman of Japan's federation of electric utilities and president of Chubu Electric Power Co., Satoru Katsuno, told reporters Friday the country's power demand has weakened as industrial activity slows due to the outbreak, according to Reuters.

The news outlet similarly reported China's industrial power demand this year may decline as the virus curtailed factory output and prevented some employees from returning to work. And, according to Bloomberg, power use in Italy slumped 7.4% last week after the government there shut down schools and told workers to remain home, while Ontario electricity demand also declined as people stayed home.

U.S. utility executives said the sector is well prepared and has faced the threat of spreading infections before. More than a decade ago, global virus scares like SARS pushed companies to hammer out extensive disaster planning, and those have stuck.

"A lot of the foundational work on contingency planning is actually rooted in pandemic planning because of those experiences in the mid-2000s," Scott Aaronson, the Edison Electric Institute's vice president of security and preparedness, told E&E News. "There is a good body of work and a lot of planning and exercises that have gone into being able to operate through these challenges."

Keeping the nation's electric grid running is a top priority at the Department of Energy, said Chris Fall, the agency's point person for COVID-19, which the new coronavirus causes. "Our responsibility is to make sure the electrical grid is resilient and working," said Fall, who directs the department's Office of Science.

He told an agency podcast, called "Direct Current," that the department is working with the private sector and other elements of the energy system. "Obviously we are connected with other agencies like Homeland Security or [the Federal Energy Regulatory Commission] on things like the electrical grid and making sure we have power, and if those people get sick or impacted, we have backups for all of that," he said.

According to a bulletin EEI released on the issue, 40% of a company's employees could be out sick, be quarantined or stay home to care for sick family members. And pandemics may prevent "traditional mutual assistance programs that help companies restore service after natural disasters and weather events," EEI said, such as restoring power in Florida after major storms.

The utility sector is also juggling the needs of its customers. Many major utilities across the nation have vowed to suspend shut-offs and keep power, heat and water on for all customers — a particular concern for people who may be out of work and cannot afford to pay their bills. Companies are also suspending disconnections for nonpayment, some under direction from officials and regulators in states like Ohio and Connecticut, while in Canada Hydro One's peak rate policy has drawn attention among self-isolating customers.

Like other businesses preparing for pandemics, utilities focus on keeping the workforce healthy and operations running. But EEI's Aaronson noted that a key difference with keeping critical infrastructure humming is the possible requirement for the sheltering in place of essential employees who are unable to do their jobs from home, as some operators contemplate locking down key staff at work sites to ensure continuity.

Grid operators are also well-equipped to handle shifts in power demand, and he acknowledged the sector could see changes as more offices and businesses move to remote working. He compared it to the load demand shifts between weekdays and weekends.

"So on the weekends, you're going to have a lot of people at home," Aaronson said. "During the week, it's people in offices. But generally speaking, the ability to have that resiliency and redundancy, the ability to shift resources and the way the grid balances, that is not going to change."

Electricity demand from high-intensity industries like manufacturing or theme parks like Disneyland could also wane, he added, even as electricity inequality in California influences who is most affected.

"It's not just a load shift to the residential, but it's also the load drop in some cases," Aaronson said. "Some of the commercial and industrial customers are going to be working a little bit less than they are presently."

Nuclear plants
Work is continuing at the Plant Vogtle nuclear construction project after Georgia Power Co. announced that one of the site workers is being tested for the coronavirus. The utility does not have the results of that test, a Georgia Power spokesman said late yesterday afternoon. The person works primarily in an office setting and is not on the construction site where two nuclear reactors are being built.

A second worker was tested Saturday, and those results were negative, spokesman John Kraft told E&E News.

Vogtle boasts a high worker count of 9,000 across the entire construction site, which includes office buildings. This is mostly craft laborers, but there are also administrators, executives and Nuclear Regulatory Commission safety inspectors.

A number of contractors and vendors are also on site given the complexity of the project.

Employees who were near the office worker being tested have been sent home until the company receives results. If the test is positive, then those workers will stay home for 14 days, Georgia Power said.

"The company is taking every action to prepare for impacts of the COVID-19 pandemic," Kraft said in a statement. This includes using advice from medical professionals and the Atlanta-based Centers for Disease Control and Prevention.

Georgia Power, owned by Atlanta-based Southern Co., informed regulators at the NRC that a worker was being tested. The federal commission itself has pandemic plans in place to ensure continued oversight, including robust work-from-home capabilities and "social distancing" practices to limit close contact among employees at headquarters.

NRC spokesman Scott Burnell said in an email that telework is not unusual for the agency, and about 75% of its workforce is already equipped to work remotely. The commission tested its telework readiness Friday. Some positions require workers to stay on-site to ensure safe reactor operations, Burnell added.

The nuclear industry has maintained pandemic preparedness plans and procedures since 2006, which have been shared with federal agencies, according to Mary Love, a spokeswoman for the Nuclear Energy Institute. "NEI members are participating in weekly calls to facilitate communications, coordination and best practices," she said.

According to NEI statistics, each plant averages 500 to 1,000 workers. While not every position is essential to operations, some areas like the control room cannot be conducted remotely.

"We know that nuclear power plant operations and the availability of electric service will be tremendously important in minimizing the impact of the situation on the general public," Love added. "We are confident, based on extensive planning, that the industry will continue to operate nuclear plants safely as this event unfolds."

Grid operators
Hundreds of workers responsible for overseeing critical operations of the U.S. electric grid are being encouraged to work from home, their offices are being sanitized, and in-person meetings are being moved online.

PJM Interconnection, the nation's largest grid operator covering some 65 million people across Mid-Atlantic and Midwest states, said Friday a forecast on load changes was not yet available.

PJM has moved all stakeholder meetings online. Employee travel has been suspended, as have external visits to its headquarters in Valley Forge, Pa.

Employees "are equipped to work remotely, if necessary, to maintain business continuity," and PJM "is prepared and able to run and support all market applications from its campus or remotely, as needed," the operator said.

"PJM recognizes that these measures have significant impacts to our staff, members and stakeholders," PJM said on its coronavirus response webpage. "We are dedicated to striking a balance between those impacts and our number one priority — the reliability of the grid."

Still pending at the operator is a decision about its annual meeting in Chicago at the beginning of May. That decision will be made by April 3, PJM said.

The Midcontinent Independent System Operator (MISO), which runs the bulk power grid across 15 states and the Canadian province of Manitoba, is also holding meetings via conference call or online and restricting all business travel.

MISO has encouraged "nonessential" employees to work remotely, leaving only those who actively monitor and manage the operation of the grid working on-site.

The grid operator employs nearly 1,000 people, including 780 at its headquarters in Carmel, Ind.

A board meeting set for the last week of March in New Orleans hasn't yet been canceled, with a final decision on whether to move forward with the meeting expected today.

MISO said it hasn't encountered other changes in normal operations and has not seen significant shifts in electricity demand.

In Texas, ERCOT has about 750 employees, mostly at its campus in the city of Taylor. ERCOT's Sopko said the grid operator is encouraging employees who are not required to be on-site to work from home. The policy is voluntary at this time, but that could change quickly, she said Friday.

ERCOT is also taking extra steps to keep workers safe, including alternating use of facilities, encouraging social distancing and imposing control room measures as part of its pandemic planning, she added.

Energy companies
In the Midwest, utilities including DTE Energy Co., Commonwealth Edison, Consumers Energy and Ameren Corp. said they're following CDC guidance and working with state and local officials to help slow the spread of the virus. That means asking employees who can do their jobs at home to do so, restricting visitors to company offices, canceling large assemblies and nonessential business travel, and holding meetings by phone or online.

Chicago-based ComEd, which serves 4 million customers, is imposing a moratorium on service disconnections and waiving new late payment charges through at least May 1, in addition to working with customers who are facing financial hardships on a case-by-case basis to establish payment arrangements and identify energy assistance options, spokesman Paul Elsberg said.

Many of the Southeast's major energy companies are also curbing travel and encouraging telework, among other steps, in response to the coronavirus.

For Southern Co., this includes its Georgia Power unit; Southern Power; and employees of Southern Company Gas, who are in Illinois, Tennessee and Virginia. Southern has not extended the policies to its Alabama and Mississippi electric companies, spokesman Schuyler Baehman said.

Charlotte, N.C.-based Duke Energy Corp. has suspended all business travel unless workers are traveling by car. The energy giant also is encouraging its employees to rethink their own vacations if upcoming trips take them out of the country.

"Circumstances are changing rapidly around the world," the company said in a statement.

For workers who must come to the office, or work at power plants or on the lines, utilities are doubling down on disinfectant in those areas.

"We're also reminding our employees that we provide a very critical service; we need you well, we need you able," said Le-Ha Anderson, a spokeswoman for Richmond, Va.-based Dominion Energy Inc.

Dominion started asking employees a few weeks ago to take mobile devices home and make sure they have what they need to work remotely. Anyone who has traveled to one of the CDC-identified hot spots is asked to stay home for 14 days with no questions asked, Anderson said.

The federally owned Tennessee Valley Authority has reviewed and updated its plans on how it will operate during a pandemic but has not yet reached the point to have employees telework if they are able to do so.

"We come at this at a very phased approach," TVA spokesman Jim Hopson said. "We can't just shut the doors."

State utility commissions, too, have begun taking steps. In response to a state of emergency declared by Ohio Gov. Mike DeWine (R), the Public Utilities Commission of Ohio on Thursday directed utilities to act where possible to avoid suspending service to customers.

Will Seuffert, executive secretary of the Minnesota Public Utilities Commission, said in an email that the regulator has canceled all public hearings and agenda meetings for the next two weeks and has been supporting telework "throughout the agency" in response to the virus.

 

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Hydro One’s takeover of U.S. utility sparks customer backlash: ‘This is an incredibly bad idea’

Hydro One-Avista acquisition sparks Idaho regulatory scrutiny over foreign ownership, utility merger impacts, rate credits, and public interest, as FERC and FCC approvals advance and consumers question governance, service reliability, and long-term rate stability.

 

Key Points

A cross-border utility merger proposal with Idaho oversight, weighing foreign ownership, rates, and reliability.

✅ Idaho PUC review centers on public interest and rate impacts.

✅ FERC and FCC approvals granted; state decisions pending.

✅ Avista to retain name and Spokane HQ post-transaction.

 

“Please don’t sell us to Canada.” That refrain, or versions of it, is on full display at the Idaho Public Utilities Commission, which admittedly isn’t everyone’s go-to entertainment site. But it is vitally important for this reason: the first big test of the expansionist dreams of the politically tempest-tossed Hydro One, facing political risk as it navigates markets, rests with its successful acquisition of Avista Corp., provider of electric generation, transmission and distribution to retail customers spread from Oregon to Washington to Montana and Idaho and up into Alaska.

The proposed deal — announced last summer, but not yet consummated — marks the first time the publicly traded Hydro One has embarked upon the acquisition of a U.S. utility. And if Idahoans spread from Boise to Coeur d’Alene to Hayden are any indication, they are not at all happy with the idea of foreign ownership. Here’s Lisa McCumber, resident of Hayden: “I am stating my objection to this outrageous merger/takeover. Hydro One charges excessive fees to the people it provides for, this is a monopoly beyond even what we are used to. I, in no way, support or as a customer, agree with the merger of this multi-billion-dollar, foreign, company.”

#google#

Or here’s Debra Bentley from Coeur d’Alene: “Fewer things have more control over a nation than its power source. In an age where we are desperately trying to bring American companies back home and ‘Buy American’ is somewhat of a battle cry, how is it even possible that it would or could be allowed for this vital necessity … to be controlled by a foreign entity?”

Or here’s Spencer Hutchings from Sagle: “This is an incredibly bad idea.”

There are legion of similar emails from concerned consumers, and the Maine transmission line debate offers a parallel in public opposition.

The rationale for the deal? Last fall Hydro One CEO Mayo Schmidt testified before the Idaho commission, which regulates all gas, water and electricity providers in the state. “Hydro One is a pure-play transmission and distribution utility located solely within Ontario,” Schmidt told commissioners. “It seeks diversification both in terms of jurisdictions and service areas. The proposed Transaction with Avista achieves both goals by expanding Hydro One into the U.S. Pacific Northwest and expanding its operations to natural gas distribution and electric generation. The proposed Transaction with Avista will deliver the increased scale and benefits that come from being a larger player in the utility industry.”

Translation: now that it is a publicly traded entity, Hydro needs to demonstrate a growth curve to the investment community. The value to you and me? Arguable. This is a transaction framed as a benefit to shareholders, one that won’t cause harm to customers. Premier Kathleen Wynne is feeling the pain of selling off control of an essential asset. In his testimony to the commission, Schmidt noted that the Avista acquisition would take the province’s Hydro ownership to under 45 per cent. (The Electricity Act technically prevents the sale of shares that would take the government’s ownership position below 40 per cent, though acquisitions appear to allow further dilution. )

Stratospheric compensation, bench-marked against other chief executives who enjoy similarly outsized rewards, is part of this game. I have written about Schmidt’s unconscionable compensation before, but that was when he was making a relatively modest $4 million. Relative, that is, to his $6.2 million in 2017 compensation ($3.5 million of that is in the form of share based awards).

Should the acquisition of Avista be approved, amendments to the CIC, or change in control agreements, for certain named Avista executive officers will allow them to voluntarily terminate their employment without “good reason.” That includes Scott Morris, the company’s CEO, who will exit with severance of $6.9 million (U.S.) and additional benefits taking the total to a potential $15.7 million.

Back to the deal: cost savings over time could be achieved, Schmidt continued in his testimony, though he was unable to quantify those. The integration between the two companies, he promised, will be “seamless.” Retail customers in Idaho, Washington and Oregon would benefit from proposed “Rate Credits” equalling an estimated $15.8 million across five years, even as Hydro One seeks to redesign its bills in Ontario. Idahoans would see a one per cent rate decrease through that period.

While Avista would become a wholly owned Hydro subsidiary, it would retain its name, and its headquarters in Spokane, Wash. In the case of Idaho specifically, a proposed settlement in April, subject to final approval by the commission, stipulates agreements on everything from staffing to governance to community contributions.

Will that meet the test? It’s up to the commission to determine whether the proposed transaction will keep a lid on rates and is “consistent with the public interest.” Hydro One is hoping for a decision from regulatory agencies in all the named states by mid-August and a closing date by the end of September, though U.S. regulators can ultimately determine the fate of such deals. The Federal Energy Regulatory Commission granted its approval in January, followed last week by the Federal Communications Commission. Washington and Alaska have reached settlement agreements. These too are pending final state approvals.

The $5.3-billion deal (or $6.7 billion Canadian) is subject to ongoing hearings in Idaho, and elsewhere rate hikes face opposition as hearings begin. Members of the public are encouraged to have their say. The public comment deadline is June 27.

 

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Trump Is Seen Replacing Obama’s Power Plant Overhaul With a Tune-Up

Clean Power Plan Rollback signals EPA's shift to inside-the-fence efficiency at coal plants, emphasizing heat-rate improvements over sector-wide decarbonization, renewables, natural gas switching, demand-side efficiency, and carbon capture under Clean Air Act constraints.

 

Key Points

A policy shift by the EPA to replace broad emissions rules with plant-level efficiency standards, limiting CO2 cuts.

✅ Inside-the-fence heat-rate improvements at coal units

✅ Potential CO2 cuts limited to about 6% per plant

✅ Alternatives: fuel switching, renewables, carbon capture

 

President Barack Obama’s signature plan to reduce carbon dioxide emissions from electrical generation took years to develop and touched every aspect of power production and use, from smokestacks to home insulation.

The Trump administration is moving to scrap that plan and has signaled that any alternative it might adopt would take a much less expansive approach, possibly just telling utilities to operate their plants more efficiently.

That’s a strategy environmentalists say is almost certain to fall short of what’s needed.

The Trump administration is making "a wholesale retreat from EPA’s legal, scientific and moral obligation to address the threats of climate change," said former Environmental Protection Agency head Gina McCarthy, the architect of Obama’s Clean Power Plan.

President Donald Trump promised to rip up the initiative, echoing an end to the 'war on coal' message from his campaign, which mandated that states change their overall power mix, displacing coal-fired electricity with that from wind, solar and natural gas. The EPA is about to make it official, arguing the prior administration violated the Clean Air Act by requiring those broad changes to the electricity sector, according to a draft obtained by Bloomberg.

 

Possible Replacements

Later, the agency will also ask the public to weigh in on possible replacements. The administration will ask whether the EPA can or should develop a replacement rule -- and, if so, what actions can be mandated at individual power plants, though some policymakers favor a clean electricity standard to drive broader decarbonization.

 

Follow the Trump Administration’s Every Move

Such changes -- such as adding automation or replacing worn turbine seals -- would yield at most a 6 percent gain in efficiency, along with a corresponding fall in greenhouse gas emissions, according to earlier modeling by the Environmental Protection Agency and other analysts. That compares to the 32 percent drop in emissions by 2030 under Obama’s Clean Power Plan.

"In these existing plants, there’s only so many places to look for savings," said John Larsen, a director of the Rhodium Group, a research firm. "There’s only so many opportunities within a big spinning machine like that."

EPA Administrator Scott Pruitt outlined such an "inside-the-fence-line" approach in 2014, later embodied in the Affordable Clean Energy rule that industry groups backed, when he served as Oklahoma’s attorney general. Under his blueprint, states would set emissions standards after a detailed unit-by-unit analysis, looking at what reductions are possible given "the engineering limits of each facility."

The EPA has not decided whether it will promulgate a new rule at all, though it has also proposed new pollution limits for coal and gas plants in separate actions. In a forthcoming advanced notice of proposed rulemaking, the EPA will ask "what inside-the-fence-line options are legal, feasible and appropriate," according to a document obtained by Bloomberg.

Increased efficiency at a coal plant -- known as heat-rate improvement -- translates into fewer carbon-dioxide emissions per unit of electric power generated.

Under Obama, the EPA envisioned utilities would make some straightforward efficiency improvements at coal-fired power plants as the first step to comply with the Clean Power Plan. But that was expected to coincide with bigger, broader changes -- such as using more cleaner-burning natural gas, adding more renewable power projects and simply encouraging customers to do a better job turning down their thermostats and turning off their lights.

Obama’s EPA didn’t ask utilities to wring every ounce of efficiency they could out of coal-fired power plants because they saw the other options as cheaper. A plant-specific approach "would be grossly insufficient to address the public health and environmental impacts from CO2 emissions," Obama’s EPA said.

That approach might yield modest emissions reductions and, in a perverse twist, might event have the opposite effect. If utilities make coal plants more efficient -- thereby driving down operating costs -- they also make them more competitive with natural gas and renewables, "so they might run more and pollute more," said Conrad Schneider, advocacy director for the Clean Air Task Force.  

In a competitive market, any improvement in emissions produced for each unit of energy could be overwhelmed by an increase in electrical output, and debates over changes to electricity pricing under Trump and Perry added further uncertainty.

"A very minor heat rate improvement program would very likely result in increased emissions," Schneider said. "It might be worse than nothing."

Power companies want to get as much electricity as possible from every pound of coal, so they already have an incentive to keep efficiency high, said Jeff Holmstead, a former assistant EPA administrator now at Bracewell LLP. But an EPA regulation known as “new source review” has discouraged some from making those changes, for fear of triggering other pollution-control requirements, he said.

"If EPA’s replacement rule allows companies to improve efficiency without triggering new source review, it would make a real difference in terms of reducing carbon-dioxide emissions," Holmstead said.

 

Modest Impact

A plant-specific approach doesn’t have to mean modest impact.

"If you’re thinking about what can be done at the power plants by themselves, you don’t stop at efficiency tune-ups," said David Doniger, director of the Natural Resources Defense Council’s climate and clean air program. "You look at things like switching to natural gas or installing carbon capture and storage."

Requirements that facilities use carbon capture technology or swap in natural gas for coal could actually come close to hitting the same goals as in Obama’s Clean Power Plan -- if not go even further, Schneider said. They just would cost more.

The benefit of the Clean Power Plan "is that it enabled states to create programs and enabled companies to find a reduction strategy that was the most efficient and made the most sense for their own content," said Kathryn Zyla, deputy director of the Georgetown Climate Center. "And that flexibility was really important for the states and companies."

Some utilities, including Houston-based Calpine Corp., PG&E Corp. and Dominion Resources Inc., backed the Obama-era approach. And they are still pushing the Trump administration to be creative now.

"The Clean Power Plan achieved a thoughtful, balanced approach that gave companies and states considerable flexibility on how best to pursue that goal," said Melissa Lavinson, vice president of federal affairs and policy for PG&E’s Pacific Gas and Electric utility. “We look forward to working with the administration to devise an alternative plan for decarbonizing the U.S. economy."

 

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