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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Nuclear plants produce over half of Illinois electricity, almost faced retirement

Illinois Zero Emission Credits support nuclear plants via tradable credits tied to wholesale electricity prices, carbon costs, created by the Future Energy Jobs Bill to avert Exelon closures and sustain low-carbon power.

 

Key Points

State credits that value nuclear power's zero-carbon output, priced by market and carbon metrics to keep plants running.

✅ Pegged to wholesale prices, carbon costs, and state averages.

✅ Created by Future Energy Jobs Bill to prevent plant retirements.

✅ Supports Exelon Quad Cities and Clinton nuclear facilities.

 

Nuclear plants have produced over half of Illinois electricity generation since 2010, but the states two largest plants would have been retired amid the debate over saving nuclear plants if the state had not created a zero emission credit (ZEC) mechanism to support the facilities.

The two plants, Quad Cities and Clinton, collectively delivered more than 12 percent of the states electricity generation over the past several years. In May 2016, however, Exelon, the owner of the plants, announced that they had together lost over $800 million dollars over the previous six years and revealed plans to retire them in 2017 and 2018, similar to the Three Mile Island closure later announced for 2019 by its owner.

In December 2016, Illinois passed the Future Energy Jobs Bill, which established a zero emission credit (ZEC) mechanism

to support the plants financially. Exelon then cancelled its plans to retire the two facilities.

The ZEC is a tradable credit that represents the environmental attributes of one megawatt-hour of energy produced from the states nuclear plants. Its price is based on a number of factors that include wholesale electricity market prices, nuclear generation costs, state average market prices, and estimated costs of the long-term effects of carbon dioxide emissions.

The bill is set to take effect in June, but faces multiple court challenges as some utilities have expressed concerns that the ZEC violates the commerce clause and affects federal authority to regulate wholesale energy prices, amid gas-fired competition in nearby markets that shapes the revenue outlook.

Illinois ranks first in the United States for both generating capacity and net electricity generation from nuclear power, a resource many see as essential for net-zero emissions goals, and accounts for approximately one-eighth of the nuclear power generation in the nation.

 

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Alberta Electricity market needs competition

Alberta Electricity Market faces energy-only vs capacity debate as transmission, distribution, and administration fees surge; rural rates rise amid a regulated duopoly of investor-owned utilities, prompting calls for competition, innovation, and lower bills.

 

Key Points

Alberta's electricity market is an energy-only system with rising delivery charges and limited rural competition.

✅ Energy-only design; capacity market scrapped

✅ Delivery charges outpace energy on monthly bills

✅ Rural duopoly limits competition and raises rates

 

Last week, Alberta’s new Energy Minister Sonya Savage announced the government, through its new electricity rules, would be scrapping plans to shift Alberta’s electricity to a capacity market and would instead be “restoring certainty in the electricity system.”


The proposed transition from energy only to a capacity market is a contentious subject as a market reshuffle unfolds across the province that many Albertans probably don’t know much about. Our electricity market is not a particularly glamorous subject. It’s complicated and confusing and what matters most to ordinary Albertans is how it affects their monthly bills.


What they may not realize is that the cost of their actual electricity used is often just a small fraction of their bill amid rising electricity prices across the province. The majority on an average electricity bill is actually the cost of delivering that electricity from the generator to your house. Charges for transmission, distribution and franchise and administration fees are quickly pushing many Alberta households to the limit with soaring bills.


According to data from Alberta’s Utilities Consumer Advocate (UCA), and alongside policy changes, in 2004 the average monthly transmission costs for residential regulated-rate customers was below $2. In 2018 that cost was averaging nearly $27 a month. The increase is equally dramatic in distribution rates which have more than doubled across the province and range wildly, averaging from as low as $10 a month in 2004 to over $80 a month for some residential regulated-rate customers in 2018.


Where you live determines who delivers your electricity. In Alberta’s biggest cities and a handful of others the distribution systems are municipally owned and operated. Outside those select municipalities most of Alberta’s electricity is delivered by two private companies which operate as a regulated duopoly. In fact, two investor-owned utilities deliver power to over 95 per cent of rural Alberta and they continue to increase their share by purchasing the few rural electricity co-ops that remained their only competition in the market. The cost of buying out their competition is then passed on to the customers, driving rates even higher.


As the CEO of Alberta’s largest remaining electricity co-op, I know very well that as the price of materials, equipment and skilled labour increase, the cost of operating follows. If it costs more to build and maintain an electricity distribution system there will inevitably be a cost increase passed on to the consumer. The question Albertans should be asking is how much is too much and where is all that money going with these private- investor-owned utilities, as the sector faces profound change under provincial leadership?


The reforms to Alberta’s electricity system brought in by Premier Klein in the late 1900s and early 2000s contributed to a surge in investment in the sector and led to an explosion of competition in both electricity generation and retail. 


More players entered the field which put downward pressure on electricity rates, encouraged innovation and gave consumers a competitive choice, even as a Calgary electricity retailer urged the government to scrap the overhaul. But the legislation and regulations that govern rural electricity distribution in Alberta continue to facilitate and even encourage the concentration of ownership among two players which is certainly not in the interests of rural Albertans.


It is also not in the spirit of the United Conservative Party platform commitment to a “market-based” system. A market-based system suggests more competition. Instead, what we have is something approaching a monopoly for many Albertans. The UCP promised a review of the transition to a capacity market that would determine which market would be best for Alberta, and through proposed electricity market changes has decided that we will remain an energy-only market.
Consumers in rural Alberta need electricity to produce the goods that power our biggest industries. Instead of regulating and approving continued rate increases from private multinational corporations, we need to drive competition and innovation that can push rates down and encourage growth and investment in rural-based industries and communities.

 

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A Texas-Sized Gas-for-Electricity Swap

Texas Heat Pump Electrification replaces natural gas furnaces with electric heating across ERCOT, cutting carbon emissions, lowering utility bills, shifting summer peaks to winter, and aligning higher loads with strong seasonal wind power generation.

 

Key Points

Statewide shift from gas furnaces to heat pumps in Texas, reducing emissions and bills while moving grid peak to winter.

✅ Up to $452 annual utility savings per household

✅ CO2 cuts up to 13.8 million metric tons in scenarios

✅ Winter peak rises, summer peak falls; wind aligns with load

 

What would happen if you converted all the single-family homes in Texas from natural gas to electric heating?

According to a paper from Pecan Street, an Austin-based energy research organization, the transition would reduce climate-warming pollution, save Texas households up to $452 annually on their utility bills, and flip the state from a summer-peaking to a winter-peaking system. And that winter peak would be “nothing the grid couldn’t evolve to handle,” according to co-author Joshua Rhodes, a view echoed by analyses outlining Texas grid reliability improvements statewide today.

The report stems from the reality that buildings must be part of any comprehensive climate action plan.

“If we do want to decarbonize, eventually we do have to move into that space. It may not be the lowest-hanging fruit, but eventually we will have to get there,” said Rhodes.

Rhodes is a founding partner of the consultancy IdeaSmiths and an analyst at Vibrant Clean Energy. Pecan Street commissioned the study, which is distilled from a larger original analysis by IdeaSmiths, at the request of the nonprofit Environmental Defense Fund.

In an interview, Rhodes said, “The goal and motivation were to put bounding on some of the claims that have been made about electrification: that if we electrify a lot of different end uses or sectors of the economy...power demand of the grid would double.”

Rhodes and co-author Philip R. White used an analysis tool from the National Renewable Energy Laboratory called ResStock to determine the impact of replacing natural-gas furnaces with electric heat pumps in homes across the ERCOT service territory, which encompasses 90 percent of Texas’ electricity load.

Rhodes and White ran 80,000 simulations in order to determine how heat pumps would perform in Texas homes and how the pumps would impact the ERCOT grid.

The researchers modeled the use of “standard efficiency” (ducted, SEER 14, 8.2 HSPF air-source heat pump) and “superior efficiency” (ductless, SEER 29.3, 14 HSPF mini-split heat pump) heat pump models against two weather data sets — a typical meteorological year, and 2011, which had extreme weather in both the winter and summer and highlighted blackout risks during severe heat for many regions.

Emissions were calculated using Texas’ power sector data from 2017. For energy cost calculations, IdeaSmiths used 10.93 cents per kilowatt-hour for electricity and 8.4 cents per therm for natural gas.

Nothing the grid can't handle
Rhodes and White modeled six scenarios. All the scenarios resulted in annual household utility bill savings — including the two in which annual electricity demand increased — ranging from $57.82 for the standard efficiency heat pump and typical meteorological year to $451.90 for the high-efficiency heat pump and 2011 extreme weather year.

“For the average home, it was cheaper to switch. It made economic sense today to switch to a relatively high-efficiency heat pump,” said Rhodes. “Electricity bills would go up, but gas bills can go down.”

All the scenarios found carbon savings too, with CO2 reductions ranging from 2.6 million metric tons with a standard efficiency heat pump and typical meteorological year to 13.8 million metric tons with the high-efficiency heat pump in 2011-year weather.

Peak electricity demand in Texas would shift from summer to winter. Because heat pumps provide both high-efficiency space heating and cooling, in the scenario with “superior efficiency” heat pumps, the summer peak drops by nearly 24 percent to 54 gigawatts compared to ERCOT’s 71-gigawatt 2016 summer peak, even as recurring strains on the Texas power grid during extreme conditions persist.

The winter peak would increase compared to ERCOT’s 66-gigawatt 2018 winter peak, up by 22.73 percent to 81 gigawatts with standard efficiency heat pumps and up by 10.6 percent to 73 gigawatts with high-efficiency heat pumps.

“The grid could evolve to handle this. This is not a wholesale rethinking of how the grid would have to operate,” said Rhodes.

He added, “There would be some operational changes if we went to a winter-peaking grid. There would be implications for when power plants and transmission lines schedule their downtime for maintenance. But this is not beyond the realm of reality.”

And because Texas’ wind power generation is higher in winter, a winter peak would better match the expected higher load from all-electric heating to the availability of zero-carbon electricity.

 

A conservative estimate
The study presented what are likely conservative estimates of the potential for heat pumps to reduce carbon pollution and lower peak electricity demand, especially when paired with efficiency and demand response strategies that can flatten demand.

Electric heat pumps will become cleaner as more zero-carbon wind and solar power are added to the ERCOT grid, as utilities such as Tucson Electric Power phase out coal. By the end of 2018, 30 percent of the energy used on the ERCOT grid was from carbon-free sources.

According to the U.S. Energy Information Administration, three in five Texas households already use electricity as their primary source of heat, much of it electric-resistance heating. Rhodes and White did not model the energy use and peak demand impacts of replacing that electric-resistance heating with much more energy efficient heat pumps.

“Most of the electric-resistance heating in Texas is located in the very far south, where they don’t have much heating at all,” Rhodes said. “You would see savings in terms of the bills there because these heat pumps definitely operate more efficiently than electric-resistance heating for most of the time.”

Rhodes and White also highlighted areas for future research. For one, their study did not factor in the upfront cost to homeowners of installing heat pumps.

“More study is needed,” they write in the Pecan Street paper, “to determine the feasibility of various ‘replacement’ scenarios and how and to what degree the upgrade costs would be shared by others.”

Research from the Rocky Mountain Institute has found that electrification of both space and water heating is cheaper for homeowners over the life of the appliances in most new construction, when transitioning from propane or heating oil, when a gas furnace and air conditioner are replaced at the same time, and when rooftop solar is coupled with electrification, aligning with broader utility trends toward electrification.

More work is also needed to assess the best way to jump-start the market for high-efficiency all-electric heating. Rhodes believes getting installers on board is key.

“Whenever a homeowner’s making a decision, if their system goes out, they lean heavily on what the HVAC company suggests or tells them because the average homeowner doesn’t know much about their systems,” he said.

More work is also needed to assess the best way to jump-start the market for high-efficiency all-electric heating, and how utility strategies such as smart home network programs affect adoption too. Rhodes believes getting installers on board is key.

 

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China's Data Centers Alone Will Soon Use More Electricity Than All Of Australia

Cloud Data Centers Environmental Impact highlights massive electricity use, carbon emissions, and cooling demands, with coal-heavy grids in China; big tech shifts to renewable energy, green data centers, and cooler climates to boost sustainability.

 

Key Points

Energy use, emissions, and cooling load of cloud systems, and shifts to renewables to reduce climate impact.

✅ Global data centers use 3-5% of electricity, akin to airlines

✅ Cooling drives energy demand; siting in cool climates saves power

✅ Shift from coal to renewables lowers CO2 and improves PUE

 

A hidden environmental price makes storing data in the cloud a costly convenience.

Between 3 to 5% of all electricity used globally comes from data centers that house massive computer systems, with computing power forecasts warning consumption could climb, an amount comparable to the airline industry, says Ben Brock Johnson, Here & Now’s tech analyst.

Instead of stashing information locally on our own personal devices, the cloud allows users to free up storage space by sending photos and files to data centers via the internet.

The cloud can also use large data sets to solve problems and host innovative technologies that make cities and homes smarter, but storing information at data centers uses energy — a lot of it.

"Ironically, the phrase 'moving everything to the cloud' is a problem for our actual climate right now," Johnson says.

A new study from Greenpeace and North China Electric Power University reports that in five years, China's data centers alone will consume as much power as the total amount used in Australia in 2018. The industry's electricity consumption is set to increase by 66% over that time.

Buildings storing data produced 99 million metric tons of carbon last year in China, the study finds, with SF6 in electrical equipment compounding warming impacts, which is equivalent to 21 million cars.

The amount of electricity required to run a data center is a global problem, but in China, 73% of these data centers run on coal, even as coal-fired electricity is projected to fall globally this year.

The Chinese government started a pilot program for green data centers in 2015, which Johnson says signals the country is thinking about the environmental consequences of the cloud.

"Beijing’s environmental awareness in the last decade has really come from a visible impact of its reliance on fossil fuels," he says. "The smog of Chinese cities is now legendary and super dangerous."

The country's solar power innovations have allowed the country to surpass the U.S. in cleantech, he says.

Chinese conglomerate Alibaba Group has launched data centers powered by solar and hydroelectric power.

"While I don't know how committed the government is necessarily to making data centers run on clean technology," Johnson says. "I do think it is possible that a larger evolution of the government's feelings on environmental responsibility might impact this newer tech sector."

In the U.S., there has been a big push to make data centers more sustainable amid warnings that the electric grid is not designed for mounting climate impacts.

Canada has made notable progress decarbonizing power, with nationwide electricity gains supporting cleaner data workloads.

Apple now says all of its data centers use clean energy. Microsoft is aiming for 70% renewable energy by 2023, aligning with declining power-sector emissions as producers move away from coal.

Amazon is behind the curve, for once, with about 50%, Johnson says. Around 1,000 employees are planning to walk out on Sept. 20 in protest of the company’s failure to address environmental issues.

"Environmental responsibility fits the brand identities these companies want to project," he says. "And as large tech companies become more competitive with each other, as Apple becomes more of a service company and Google becomes a device company, they want to convince users more and more to think of them as somehow different even if they aren't."

Google and Facebook are talking about building data centers in cooler places like Finland and Sweden instead of hot deserts like Nevada, he says.

In Canada, cleaning up electricity is critical to meeting climate pledges, according to recent analysis.

Computer systems heat up and need to be cooled down by air conditioning units, so putting a data center in a warm climate will require greater cooling efforts and use more energy.

In China, 40% of the electricity used at data centers goes toward cooling equipment, according to the study.

The more data centers consolidate, Johnson says they can rely on fewer servers and focus on larger cooling efforts.

But storing data in the cloud isn't the only way tech users are unknowingly using large amounts of energy: One Google search requires an amount of electricity equivalent to powering a 60-watt light bulb for 17 seconds, magazine Yale Environment 360 reports.

"In some ways, we're making strides even as we are creating a bigger problem," he says. "Which is like, humanity's MO, I guess."

 

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Hydro One deal to buy Avista receives U.S. antitrust clearance

Hydro One-Avista Acquisition secures U.S. antitrust clearance under Hart-Scott-Rodino, pending approvals from state utility commissions, the FCC, and CFIUS, with prior FERC approval and shareholder vote supporting the cross-border utility merger.

 

Key Points

A $6.7B cross-border utility merger cleared under HSR, still awaiting state, FCC, and CFIUS approvals; FERC approved earlier.

✅ HSR waiting period expired; U.S. antitrust clearance obtained

✅ Approvals pending: state commissions, FCC, and CFIUS

✅ FERC and Avista shareholders have approved the transaction

 

Hydro One Ltd. says it has received antitrust clearance in the United States for its deal to acquire U.S. energy company Avista Corp., even as it sought to redesign customer bills in Ontario.

The Ontario-based utility says the 30-day waiting period under the Hart-Scott-Rodino Antitrust Improvements Act expired Thursday night.

Hydro One announced the friendly deal to acquire Avista last summer, amid customer backlash in some service areas, in an agreement that valued the company at $6.7 billion.

The deal still requires several other approvals, including those from utility commissions in Washington, Idaho, Oregon, Montana and Alaska.

Analysts also warned of political risk for Hydro One during this period, reflecting concerns about provincial influence.

The U.S. Federal Communications Commission must also sign off on the transaction, and although U.S. regulators later rejected the $6.7B takeover following review, clearance is required by the Committee on Foreign Investment in the United States.

The agreement has received approval from the U.S. Federal Energy Regulatory Commission as well as Avista shareholders, and it mirrored other cross-border deals such as Algonquin Power's acquisition of Empire District that closed in the sector.

 

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Alberta shift from coal to cleaner energy

Alberta Coal-to-Gas Transition will retire coal units, convert plants to natural gas, boost renewables, and affect electricity prices, with policy tools like a price cap and carbon tax shaping the power market.

 

Key Points

Shift retiring coal units and converting to natural gas and renewables, targeting coal elimination by 2030.

✅ TransAlta retires Sundance coal unit; more units convert to gas.

✅ Forward prices seen near $40 to low $50/MWh in 2018.

✅ 6.8-cent cap shields consumers; carbon tax backstops costs.

 

The turn of the calendar to 2018 saw TransAlta retire one of its coal power generating units at its Sundance plant west of Edmonton and mothball another as it begins the transition to cleaner sources of energy across Alberta.

The company will say goodbye to three more units over the next year and a half to prepare them for conversion to natural gas.

This is part of a fundamental shift in Alberta, which will see coal power retired ahead of schedule by 2030, replaced by a mix of natural gas and renewable sources.

“We’re going to see that transition continue right up from now until 2030, and likely beyond 2030 as wind generation starts to outpace coal and new technologies become available.”

Coal has long been the backbone of Alberta’s grid, currently providing nearly 40 per cent of the provinces power. Analysts believe removing it will come with a cost to consumers, according to a report on coal phase-out costs published recently.

“The open question over the next couple of years is whether they’re going to inch up gradually, or whether they’re going to inch up like they did in 2012 and 2013, by having periods of very high power prices.”

Albertans are currently paying historically low power prices, with generation costs last year averaging below $23/MWh, less than half of the average of the past 10 years.

A report released in mid-December by electricity consultant firm EDC Associates showed forward prices moving from the $40/MWh in the first three months of 2018, to the low $50/MWh range.

“The forwards tend to take several weeks to fully react to announcements, so its anticipated that prices will continue to gradually track upwards over the coming weeks,” the report reads.

The NDP government has taken steps to protect consumers against price surges. Last spring, a price cap of 6.8 cents/MWh was put in place until the spring of 2021, with any cost above that to be covered by carbon tax revenue.

 

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