NC WARN, Climate Times told to put up $98M bond to appeal Duke power plant

By The News & Observer


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The N.C. Utilities Commission has told two nonprofits that they must put up a $98 million bond for the the right to appeal a power plant construction permit issued to Duke Energy.

The bond is required by a 1965 state law that has not previously been invoked in anyone's memory. The rationale for the bond is to protect electric utility customers from any increased costs that result from delays while a power plant permit is under appeal.

"The statute plainly places on the appealing party the financial risk of what potentially could be extensive additional costs," the Utilities Commissioned explained in its order Friday. "Otherwise, these costs would be added to the cost of the generating facility to be recovered from consumers through higher rates."

The Utilities Commission issued the power plant permit -- called a certificate of public convenience and necessity -- in March, and Duke had planned to begin construction on the $1 billion power project in October. Charlotte-based Duke said the planned power plant in Buncombe County will replace a demolished coal-burning plant and must be operational before Jan. 31, 2020, under deadlines set by the state legislature in the Coal Ash Management Act and the Mountain Energy Act.

NC WARN, based in Durham, and Climate Times, based in Boone, planned to challenge the power plant permit in court. The two groups say that natural gas, largely derived from fracking, results in methane leaks that release more greenhouse gas into the atmosphere than generating electricity from burning coal.

Initially the Utilities Commission had set the bond at $10 million. The nonprofits appealed and the N.C. Court of Appeals rejected the commissioners' amount, and told them to recalculate the bond based on "competent evidence."

The Utilities Commission on Friday set the new bond at $98 million total based on several estimates: $40 million in cancellation costs for three major equipment contracts, $8 million in sunk development costs, and $50 million in increased labor and material costs.

The nonprofits had proposed a bond of $250, while Duke said it would need $240 million to cover potential losses. Duke estimates an appeal could delay construction by up to two years.

Under the state law, NC WARN and Climate Times would have to cover Duke's increased costs only if they lost their appeal. If Duke won the appeal, the amount of increased costs would be determined by the Utilities Commission, and the total could turn out to be less than the amount of the bond. The actual appeal has yet to be filed as the two sides wrangle over the bond amount.

Duke Energy denounced what it described as NC WARN's dilatory tactics. "NC WARN's second appeal of the North Carolina Utilities Commission's order is most unfortunate but certainly to be expected from a group that's extremely good at creating distractions and roadblocks for their own notoriety and monetary gain," Duke said in a statement. "Their actions continue to threaten the energy reliability and economic viability of this state at the expense of its citizens and our customers."

The Commission's order cited "the lack of credibility in NC WARN's underlying position."

NC WARN executive director Jim Warren said the two nonprofits are going to appeal the amount of the bond. The nonprofits have said that putting up millions of dollars would be financially ruinous for them and the bond blocks their access to the court system.

Warren said: "We'll take it back to the court of appeals, and believe there's a good chance they'll agree with our arguments about abuse of process, and that a bond can't be used to shield the regulators from their own pro-Duke bias and order in this unprecedented case."

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Renewable power surpasses fossil fuels for first time in Europe

EU Renewable Power Overtakes Fossil Fuels, reflecting a greener energy mix as wind, solar, and hydro expand, cutting CO2 emissions and curbing coal while negative prices rise amid pandemic-driven demand drops.

 

Key Points

A milestone as renewables surpass fossil power in the EU, driven by wind, solar, hydro growth and pandemic demand.

✅ 40% renewables vs 34% fossil in H1 across 27 EU states

✅ Wind, solar, hydro rose; coal generation fell 32% year-on-year

✅ Lower demand, carbon prices, grid priority boosted clean output

 

Renewable power for the first time contributed a bigger share in the European generation mix than fossil fuels, as described in Europe's green surge as the fallout from the pandemic cut energy demand.

About 40 percent of the electricity in the first half in the 27 EU countries came from renewable sources, exceeding the global renewables share reported elsewhere, compared with 34 percent from plants burning fossil fuels, according to environmental group Ember in London. As a result, carbon dioxide emissions from the power sector fell 23 percent.

The rise is significant and encouraging for law makers as Europe prepares to spend billions of euros to recover from the virus, with wind power investments underscoring the momentum, and set the bloc on track to neutralize its carbon footprint by the middle of the century.

“This marks a symbolic moment ​in the transition of Europe’s electricity sector,” said Dave Jones, an electricity analyst at Ember. “For countries like Poland and Czech Republic grappling with how to get off coal, there is now a clear way out.”

While power demand slumped, output from wind and solar farms increased, reflecting global wind and solar gains, because more plants came online in breezy and sunny weather. At the same time, wet conditions boosted hydro power in Iberia and the Nordic markets.

Those conditions helped renewables become a rare bright spot throughout the economic tumult this year. In many areas, renewable sources of electricity have priority to the grid, meaning they could keep growing even as demand shrank and other power plants were turned off.

Electricity demand in the EU fell 7 percent overall. Fossil-fuel power generation plunged 18 percent in the first half compared with a year earlier. Renewable generation grew by 11 percent, according to Ember.

Coal was by far the biggest loser in 2020. It’s one of the most-polluting sources of power and its share is slumping in Europe as the price of carbon increases, with renewables surpassing coal in the US illustrating the broader shift, and governments move to cut emissions. Power from coal fell 32 percent across the EU.

Despite the economics, the decision to shut off coal for good will come down to political agreements between producers and governments, while reducing reliance on Russian energy reshapes policy debates.

One consequence of the jump in renewables is that negative prices have increased, as solar is reshaping prices in Northern Europe in similar ways. On particularly windy or sunny days when there isn’t much demand, the grid can be flooded with power. That’s leading wind farms to be shut off and customers to be paid to consume electricity.

 

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National Steel Car appealing decision in legal challenge of Ontario electricity fee it calls an unconstitutional tax

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

 

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

 

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

 

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Crossrail will generate electricity using the wind created by trains

Urban Piezoelectric Energy Textiles capture wind-driven motion on tunnels, bridges, and facades, enabling renewable microgeneration for smart cities with decentralized power, resilient infrastructure, and flexible lamellae sheets that harvest airflow vibrations.

 

Key Points

Flexible piezoelectric sheets that convert urban wind and vibration into electricity on tunnels, bridges, and facades.

✅ Installed on London Crossrail to test airflow energy capture

✅ Flexible lamellae panels retrofit tunnels, bridges, facades

✅ Supports decentralized, resilient urban microgrids

 

Charlotte Slingsby and her startup Moya Power are researching piezo-electric textiles that gain energy from movement, similar to advances like a carbon nanotube energy harvester being explored by materials researchers. It seems logical that Slingsby originally came from a city with a reputation for being windy: “In Cape Town, wind is an energy source that you cannot ignore,” says the 27-year-old, who now lives in London.

Thanks to her home city, she also knows about power failures. That’s why she came up with the idea of not only harnessing wind as an alternative energy source by setting up wind farms in the countryside or at sea, but also for capturing it in cities using existing infrastructure.

 

The problem

The United Nations estimates that by 2050, two thirds of the world’s population will live in cities. As a result, the demand for energy in urban areas will increase dramatically, spurring interest in nighttime renewable technology that can operate when solar and wind are variable. Can the old infrastructure grow fast enough to meet demand? How might we decentralise power generation, moving it closer to the residents who need it?

For a pilot project, she has already installed grids of lamellae-covered plastic sheets in tunnels on London Crossrail routes; the draft in the tube causes the protrusions to flutter, which then generates electricity.

“If we all live in cities that need electricity, we need to look for new, creative ways to generate it, including nighttime solar cells that harvest radiative cooling,” says Slingsby, who studied design and engineering at Imperial College and the Royal College of Art. “I wanted to create something that works in different situations and that can be flexibly adapted, whether you live in an urban hut or a high-rise.”

The yield is low compared to traditional wind power plants and is not able to power whole cities, but Slingsby sees Moya Power as just a single element in a mixture of urban energy sources, alongside approaches like gravity power that aid grid decarbonization.

In the future, Slingsby’s invention could hang on skyscrapers, in tunnels or on bridges – capturing power in the windiest parts of the city, alongside emerging air-powered generators that draw energy from humidity. The grey concrete of tunnels and urban railway cuttings could become our cities’ most visually appealing surfaces...

 

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Revenue from Energy Storage for Microgrids to Total More Than $22 Billion in the Next Decade

Energy Storage for Microgrids enables renewables integration via ESS, boosting resilience and reliability while supporting solar PV and wind, innovative financing, and business models, with strong growth forecast across Asia-Pacific and North America.

 

Key Points

Systems that store energy in microgrids to integrate renewables, boost resilience, and optimize distributed power.

✅ Integrates solar PV and wind with stable, dispatchable output

✅ Reduces costs via new financing and service business models

✅ Expands reliable power for remote, grid-constrained regions

 

A new report from Navigant Research examines the global market for energy storage for microgrids (ESMG), providing an analysis of trends and market dynamics in the context of the evolving digital grid landscape, with forecasts for capacity and revenue that extend through 2026.

Interest in energy storage-enabled microgrids is growing alongside an increase in solar PV and wind deployments. Although not required for microgrids to operate, energy storage systems (ESSs) have emerged as an increasingly valuable component of distributed energy networks, including virtual power plants that coordinate distributed assets, because of their ability to effectively integrate renewable generation.

“There are several key drivers resulting in the growth of energy storage-enabled microgrids globally, including the desire to improve the resilience of power supply both for individual customers and the entire grid, the need to expand reliable electricity service to new areas, rising electricity prices, and innovations in business models and financing,” says Alex Eller, research analyst with Navigant Research. “Innovations in business models and financing will likely play a key role in the expansion of the ESMG market during the coming years.”

One example of microgrid deployment for resilience is the SDG&E microgrid in Ramona built to help communities prepare for peak wildfire season.

According to the report, the most successful companies in this industry will be those that can unlock the potential of new business models to reduce the risk and upfront costs to customers. This is particularly true in Asia Pacific and North America, which are projected to be the largest regional markets for new ESMG capacity by far, a trend underscored by California's push for grid-scale batteries to stabilize the grid.

The report, “Market Data: Energy Storage for Microgrids,” outlines the key market drivers and barriers within the global ESMG market. The study provides an analysis of specific trends, including evolving grid edge trends, and market dynamics for each major world region to illustrate how different markets are taking shape. Global ESMG forecasts for capacity and revenue, segmented by region, technology, and market segment, extend through 2026. The report also briefly examines the major technology issues related to ESSs for microgrids.

Google made energy storage news recently when its parent company Alphabet announced it is hoping to revolutionize renewable energy storage using vats of salt and antifreeze. Alphabet’s secretive research lab, simply named “X,” is developing a system for storing renewable energy that would otherwise be wasted. The project, named “Malta,” is hoping its energy storage systems “has the potential to last longer than lithium-ion batteries and compete on price with new hydroelectric plants and other existing clean energy storage methods, according to X executives and researchers,” reports Bloomberg.

 

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California electricity pricing changes pose an existential threat to residential rooftop solar

California Rooftop Solar Rate Reforms propose shifting net metering to fixed access fees, peak-demand charges, and time-of-use pricing, aligning grid costs, distributed generation incentives, and retail rates for efficient, least-cost electricity and fair cost recovery.

 

Key Points

Policies replacing net metering with fixed fees, demand charges, and time-of-use rates to align costs and incentives.

✅ Large fixed access charge funds grid infrastructure

✅ Peak-demand pricing reflects capacity costs at system peak

✅ Time-varying rates align marginal costs and emissions

 

The California Public Service Commission has proposed revamping electricity rates for residential customers who produce electricity through their rooftop solar panels. In a recent New York Times op‐​ed, former Governor Arnold Schwarzenegger argued the changes pose an existential threat to residential rooftop solar. Interest groups favoring rooftop solar portray the current pricing system, often called net metering, in populist terms: “Net metering is the one opportunity for the little guy to get relief, and they want to put the kibosh on it.” And conventional news coverage suggests that because rooftop solar is an obvious good development and nefarious interests, incumbent utilities and their unionized employees, support the reform, well‐​meaning people should oppose it. A more thoughtful analysis would inquire about the characteristics and prices of a system that supplies electricity at least cost.

Currently, under net metering customers are billed for their net electricity use plus a minimum fixed charge each month. When their consumption exceeds their home production, they are billed for their net use from the electricity distribution system (the grid) at retail rates. When their production exceeds their consumption and the excess is supplied to the grid, residential consumers also are reimbursed at retail rates. During a billing period, if a consumer’s production equaled their consumption their electric bill would only be the monthly fixed charge.

Net metering would be fine if all the fixed costs of the electric distribution and transmission systems were included in the fixed monthly charge, but they are not. Between 66 and 77 percent of the expenses of California private utilities do not change when a customer increases or decreases consumption, but those expenses are recovered largely through charges per kWh of use rather than a large monthly fixed charge. Said differently, for every kWh that a PG&E solar household exported into the grid in 2019, it saved more than 26 cents, on average, while the utility’s costs only declined by about 8 cents or less including an estimate of the pollution costs of the system’s fossil fuel generators. The 18‐​cent difference pays for costs that don’t change with variation in a household’s consumptions, like much of the transmission and distribution system, energy efficiency programs, subsidies for low‐​income customers, and other fixed costs. Rooftop solar is so popular in California because its installation under a net metering system avoids the 18 cents, creating a solar cost shift onto non-solar customers. Rooftop solar is not the answer to all our environmental needs. It is simply a form of arbitrage around paying for the grid’s fixed costs.

What should electricity tariffs look like? This article in Regulation argues that efficient charges for electricity would consist of three components: a large fixed charge for the distribution and transmission lines, meter reading, vegetation trimming, etc.; a peak‐​demand charge related to your demand when the system’s peak demand occurs to pay for fixed capacity costs associated with peak use; and a charge for electricity use that reflects the time‐ and location‐​varying cost of additional electricity supply.

Actual utility tariffs do not reflect this ideal because of political concerns about the effects of large fixed monthly charges on low‐​income customers and the optics of explaining to customers that they must pay 50 or 60 dollars a month for access even if their use is zero. Instead, the current pricing system “taxes” electricity use to pay for fixed costs. And solar net metering is simply a way to avoid the tax. The proposed California rate reforms would explicitly impose a fixed monthly charge on rooftop solar systems that are also connected to the grid, a change that could bring major changes to your electric bill statewide, and would thus end the fixed‐​cost avoidance. Any distributional concerns that arise because of the effect of much larger fixed charges on lower‐​income customers could be managed through explicit tax deductions that are proportional to income.

The current rooftop solar subsidies in California also should end because they have perverse incentive effects on fossil fuel generators, even as the state exports its energy policies to neighbors. Solar output has increased so much in California that when it ends with every sunset, natural gas generated electricity has to increase very rapidly. But the natural gas generators whose output can be increased rapidly have more pollution and higher marginal costs than those natural gas plants (so called combined cycle plants) whose output is steadier. The rapid increase in California solar capacity has had the perverse effect of changing the composition of natural gas generators toward more costly and polluting units.

The reforms would not end the role of solar power. They would just shift production from high‐​cost rooftop to lower‐​cost centralized solar production, a transition cited in analyses of why electricity prices are soaring in California, whose average costs are comparable with electricity production in natural gas generators. And they would end the excessive subsidies to solar that have negatively altered the composition of natural gas generators.

Getting prices right does not generate citizen interest as much as the misguided notion that rooftop solar will save the world, and recent efforts to overturn income-based utility charges show how politicized the debate remains. But getting prices right would allow the decentralized choices of consumers and investors to achieve their goals at least cost.

 

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The Need for Electricity During the COVID-19 Pandemic

US utilities COVID-19 resilience shows electric utilities maintaining demand stability, reaffirming earnings guidance, and accessing the bond market for low-cost financing, as Dominion, NextEra, and Con Edison manage recession risks.

 

Key Points

It is the sector's capacity to sustain demand, financing access, and guidance despite pandemic recession pressures.

✅ Bond market access locks in low-cost, long-term debt

✅ Stable residential load offsets industrial weakness

✅ Guidance largely reaffirmed by major utilities

 

Dominion Energy (D) expects "incremental residential load" gains, consistent with COVID-19 electricity demand patterns, as a result of COVID-19 fallout. Southern Company CEO Tom Fanning says his company is "nowhere near" a need to review earnings guidance because of a potential recession, in a region where efficiency and demand response can help level electricity demand for years.

Sempra Energy (SRE) has reaffirmed earnings per share guidance for 2020 and 2021, as well timing for the sale of assets in Chile and Peru, and peers such as Duke Energy's renewables plan have reaffirmed capital investments to deliver cleaner energy and economic growth. And Xcel Energy (XEL) says it still "hasn’t seen material impact on its business."

Several electric utilities have demonstrated ability to tap the bond market, in line with utility sector trends in recent years, to lock in low-cost financing, as America moves toward broader electrification, despite ongoing turmoil. Their ranks include Dominion Energy, renewable energy leader NextEra Energy (NEE) and Consolidated Edison (ED), which last week sold $1 billion of 30-year bonds at a coupon rate of just 3.95 percent.

It’s still early days for US COVID-19 fallout. And most electric companies have yet to issue guidance. That’s understandable, since so much is still unknown about the virus and the damage it will ultimately do to human health and the global economy. But so far, the US power industry is showing typical resilience in tough times, as it coordinates closely with federal partners to maintain reliability.

Will it last? We won’t know for certain until there’s a lot more data. NextEra is usually first to report its Q1 earnings reports and detailed guidance. But that’s not expected until April 23. And companies may delay financials further, should the virus and efforts to control it impede collection and analysis of data, and as they address electricity shut-off risks affecting customers.

 

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