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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Australia stuck in the middle of the US and China as tensions rise

Manus Island Naval Base strengthens US-Australia-PNG cooperation at Lombrum, near the South China Sea, bolstering sovereignty, maritime rights, and Pacific security amid APEC talks, infrastructure investment, and Belt and Road competition.

 

Key Points

A US-Australia-PNG facility at Lombrum to bolster Pacific security and protect maritime rights across the region.

✅ Shared by US, Australia, and PNG at Lombrum on Manus Island

✅ Near South China Sea, reinforcing maritime security and access

✅ Counters opaque lending, aligns with free trade and infrastructure

 

Scott Morrison has caught himself bang in the middle of escalating tensions between the United States and China.

The US and Australia will share a naval base in the north end of Papua New Guinea on Manus Island, creating another key staging point close to the contested South China Sea.

“The United States will partner with Papua New Guinea and Australia on their joint initiative at Lombrum Naval Base,” US Vice President Mike Pence said.

“We will work with these two nations to protect sovereignty and maritime rights in the Pacific Islands. ”

At an Asia Pacific Economic Cooperation meeting in Port Moresby on Saturday, Mr Morrison urged nations to embrace free trade and avoid “unsustainable debt”, as the Philippines' clean energy commitment also featured in discussions.

He confirmed the US and Australia will share an expanded naval base on Manus Island, as the US ramped up rhetoric against China.

Mr Pence quoted President Donald Trump in his speech following Chinese President Xi Jinping, even as a Biden energy agenda is seen by some as better for Canada.

“We have great respect for President Xi and respect for China. But in the president’s words, China’s taken advantage of the United States for many, many years,” he said.

“And those days are over.”

His speech was met with stony silence from the Chinese delegation, after President Xi had reassured leaders his Belt and Road Initiative was not a debt trap.

China has also been at loggerheads with the United States over its territorial ambitions in the Pacific, encapsulated by Xi’s Belt and Road Initiative.

Unveiled in 2013, the Belt and Road initiative aims to bolster a sprawling network of land and sea links with Southeast Asia, Central Asia, the Middle East, Europe and Africa.

China’s efforts to win friends in the resource-rich Pacific have been watched warily by the traditionally influential powers in the region — Australia and the United States.

“It is not designed to serve any hidden geopolitical agenda,” President Xi said on Saturday.

“Nor is it a trap, as some people have labelled it.”

But Mr Pence said loans to developing countries were too often opaque and encouraged nations to look to the US instead of China.

“Too often they come with strings attached and lead to staggering debt,” he said in his speech.

“Do not accept foreign debt that could compromise your sovereignty.

“Just like America, always put your country first.”

Mr Morrison committed Australia to look to the Pacific nations and on Sunday he will host an informal BBQ with Pacific leaders, amid domestic moves like Western Australia's electricity bill credit for households.

He also announced a joint partnership with Japan and the US to fund infrastructure around the region, while at home debates over an electricity market overhaul continue.

On the back of Mr Morrison’s defence of free trade at the summit, Australian Trade Minister Simon Birmingham said he was confident the US was interested in an open trading environment in the long run, with parallel discussions such as a U.S.-Canada energy partnership underscoring regional economic ties.

Australia is hoping the US will, in the end, take a similar approach to its trade dispute with China as it did with its tariff threats against Mexico and Canada, as cross-border negotiations like the Columbia River Treaty continue to shape U.S.-Canada ties.

“Ultimately, they laid down arms, they walked away from threats, and they struck a new trade deal that ensures trade continues in that North American bloc,” Mr Birmingham told ABC TV on Sunday.

“We hope the same will happen in relation to China.”

Four countries including the US have signed up to an effort to bring electricity to 70 per cent of Papua New Guinea’s people by 2030.

Australia, Japan, the US and New Zealand on Sunday signed an agreement to work with Papua New Guinea’s government on electrification.

It’s the latest sign of great power rivalry in the South Pacific, where China is vying with the US and its allies for influence.

 

 

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Electric shock: China power demand drops as coronavirus shutters plants

China Industrial Power Demand 2020 highlights COVID-19 disruption to electricity consumption as factory output stalls; IHS Markit estimates losses equal to Chile's usage, impacting thermal coal, LNG, and Hubei's industrial load.

 

Key Points

An analysis of COVID-19's hit to China's electricity use, cutting industry demand and fuel needs for coal and LNG.

✅ 73 billion kWh loss equals Chile's annual power use

✅ Cuts translate to 30m tonnes coal or 9m tonnes LNG

✅ Hubei peak load 21 percent below plan amid shutdowns

 

China’s industrial power demand in 2020 may decline by as much as 73 billion kilowatt hours (kWh), according to IHS Markit, as the outbreak of the coronavirus has curtailed factory output and prevented some workers from returning to their jobs.

FILE PHOTO: Smoke is seen from a cooling tower of a China Energy ultra-low emission coal-fired power plant during a media tour, in Sanhe, Hebei province, China July 18, 2019. REUTERS/Shivani Singh
The cut represents about 1.5% of industrial power consumption in China. But, as the country is the world’s biggest electricity consumer and analyses of China's electricity appetite routinely underscore its scale, the loss is equal to the power used in the whole of Chile and it illustrates the scope of the disruption caused by the outbreak.

The reduction is the energy equivalent of about 30 million tonnes of thermal coal, at a time when China aims to reduce coal power production, or about 9 million tonnes of liquefied natural gas (LNG), IHS said. The coal figure is more than China’s average monthly imports last year while the LNG figure is a little more than one month of imports, based on customs data.

China has tried to curtail the spread of the coronavirus that has killed more than 1,400 and infected over 60,000 by extending the Lunar New Year holiday for an extra week and encouraging people to work from home, measures that contributed to a global dip in electricity demand as well.

Last year, industrial users consumed 4.85 trillion kWh electricity, accounting for 67% of the country’s total, even as India's electricity demand showed sharp declines in the region.

Xizhou Zhou, the global head of power and Renewables at IHS Markit, said that in a severe case where the epidemic goes on past March, China’s economic growth will be only 4.2% during 2020, down from an initial forecast of 5.8%, while power consumption will climb by only 3.1%, down from 4.1% initially, even as power cuts and blackouts raise concerns.

“The main uncertainty is still how fast the virus will be brought under control,” said Zhou, adding that the impact on the power sector will be relatively modest from a full-year picture in 2020, even though China's electric power woes are already clouding solar markets.

In Hubei province, the epicenter of the virus outbreak, the peak power load at the end of January was 21% less than planned, mirroring how Japan's power demand was hit during the outbreak, data from Wood Mackenzie showed.

Industrial operating rates point to a firm reduction in power consumption in China.

Utilization rates at plastic processors are between 30% and 60% and the low levels are expected to last for another two week, according to ICIS China.

Weaving machines at textile plants are operating at below 10% of capacity, the lowest in five years, ICIS data showed. China is the world’s biggest textile and garment exporter.

 

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B.C. Challenges Alberta's Electricity Export Restrictions

BC-Alberta Electricity Restrictions spotlight interprovincial energy tensions, limiting power exports and affecting grid reliability, energy sharing, and climate goals, while raising questions about federal-provincial coordination, smart grids, and storage investments.

 

Key Points

Policies limiting Alberta's power exports to provinces like BC, prioritizing local demand and affecting grid reliability.

✅ Prioritizes Alberta load over interprovincial power exports

✅ Risks to BC peak demand support and outage resilience

✅ Pressures for federal-provincial coordination and smart-grid investment

 

In a move that underscores the complexities of Canada's interprovincial energy relationships, the government of British Columbia (B.C.) has formally expressed concerns over recent electricity restrictions imposed by Alberta after it suspended electricity purchase talks with B.C., amid ongoing regional coordination challenges.

Background: Alberta's Electricity Restrictions

Alberta, traditionally reliant on coal and natural gas for electricity generation, has been undergoing a transition towards more sustainable energy sources as it pursues a path to clean electricity in the province.

In response, Alberta introduced restrictions on electricity exports, aiming to prioritize local consumption and stabilize its energy market and has proposed electricity market changes to address structural issues.

B.C.'s Position: Ensuring Energy Reliability and Cooperation

British Columbia, with its diverse energy portfolio and commitment to sustainability, has historically relied on the ability to import electricity from Alberta, especially during periods of high demand or unforeseen shortfalls. The recent restrictions threaten this reliability, prompting B.C.'s government to take action amid an electricity market reshuffle now underway.

B.C. officials have articulated that access to Alberta's electricity is crucial, particularly during outages or times when local generation does not meet demand. The ability to share electricity among provinces ensures a stable and resilient energy system, benefiting consumers and supporting economic activities, including critical minerals operations, that depend on consistent power supply.

Moreover, B.C. has expressed concerns that Alberta's restrictions could set a precedent that might affect future interprovincial energy agreements. Such a precedent could complicate collaborative efforts aimed at achieving national energy goals, including sustainability targets and infrastructure development.

Broader Implications: National Energy Strategy and Climate Goals

The dispute between B.C. and Alberta over electricity exports highlights the absence of a cohesive national energy strategy, as external pressures, including electricity exports at risk, add complexity. While provinces have jurisdiction over their energy resources, the interconnected nature of Canada's power grids necessitates coordinated policies that balance local priorities with national interests.

This situation also underscores the challenges Canada faces in meeting its climate objectives. Transitioning to renewable energy sources requires not only technological innovation but also collaborative policies that ensure energy reliability and affordability across provincial boundaries, as rising electricity prices in Alberta demonstrate.

Potential Path Forward: Dialogue and Negotiation

Addressing the concerns arising from Alberta's electricity restrictions requires a nuanced approach that considers the interests of all stakeholders. Open dialogue between provincial governments is essential to identify solutions that uphold the principles of energy reliability, economic cooperation, and environmental sustainability.

One potential avenue is the establishment of a federal-provincial task force dedicated to energy coordination. Such a body could facilitate discussions on resource sharing, infrastructure investments, and policy harmonization, aiming to prevent conflicts and promote mutual benefits.

Additionally, exploring technological solutions, such as smart grids and energy storage systems, could enhance the flexibility and resilience of interprovincial energy exchanges. Investments in these technologies may reduce the dependency on traditional export mechanisms, offering more dynamic and responsive energy management strategies.

The tensions between British Columbia and Alberta over electricity restrictions serve as a microcosm of the broader challenges facing Canada's energy sector. Balancing provincial autonomy with national interests, ensuring equitable access to energy resources, and achieving climate goals require collaborative efforts and innovative solutions. As the situation develops, stakeholders across the political, economic, and environmental spectrums will need to engage constructively, fostering a Canadian energy landscape that is resilient, sustainable, and inclusive.

 

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Climate change poses high credit risks for nuclear power plants: Moody's

Nuclear Plant Climate Risks span flood risk, heat stress, and water scarcity, threatening operations, safety systems, and steam generation; resilience depends on mitigation investments, cooling-water management, and adaptive maintenance strategies.

 

Key Points

Climate-driven threats to nuclear plants: floods, heat, and water stress requiring resilience and mitigation.

✅ Flooding threats to safety and cooling systems

✅ Heat stress reduces thermal efficiency and output

✅ Water scarcity risks limit cooling capacity

 

 

Climate change can affect every aspect of nuclear plant operations like fuel handling, power and steam generation and the need for resilient power systems planning, maintenance, safety systems and waste processing, the credit rating agency said.

However, the ultimate credit impact will depend upon the ability of plant operators to invest in carbon-free electricity and other mitigating measures to manage these risks, it added.
Close proximity to large water bodies increase the risk of damage to plant equipment that helps ensure safe operation, the agency said in a note.

Moody’s noted that about 37 gigawatts (GW) of U.S. nuclear capacity is expected to have elevated exposure to flood risk and 48 GW elevated exposure to combined rising heat, extreme heat costs and water stress caused by climate change.

Parts of the Midwest and southern Florida face the highest levels of heat stress, while the Rocky Mountain region and California face the greatest reduction in the availability of future water supply, illustrating the need for adapting power generation to drought strategies, it said.

Nuclear plants seeking to extend their operations by 20, or even 40 years, beyond their existing 40-year licenses in support of sustaining U.S. nuclear power and decarbonization face this climate hazard and may require capital investment adjustments, Moody’s said, as companies such as Duke Energy climate report respond to investor pressure for climate transparency.

“Some of these investments will help prepare for the increasing severity and frequency of extreme weather events, highlighting that the US electric grid is not designed for climate impacts today.”

 

 

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Relief for power bills in B.C. offered to only part of province

BC Hydro COVID-19 Relief offers electricity bill credits for laid-off workers and small business support, announced by Premier John Horgan, while FortisBC customers face deferrals and billing arrangements across Kelowna, Okanagan, and West Kootenay.

 

Key Points

BC Hydro COVID-19 Relief gives bill credits to laid-off residents; FortisBC offers deferrals and payment plans.

✅ Credit equals 3x average monthly bill for laid-off BC Hydro users

✅ Small businesses on BC Hydro get three months bill forgiveness

✅ FortisBC waives late fees, no disconnections, offers deferrals

 

On April 1, B.C. Premier John Horgan announced relief for BC Hydro customers who are facing bills after being laid-off during the economic shutdown due to the COVID-19 epidemic, while the utility also explores time-of-use rates to manage demand.

“Giving people relief on their power bills lets them focus on the essentials, while helping businesses and encouraging critical industry to keep operating,” he said.

BC Hydro residential customers in the province who have been laid off due to the pandemic will see a credit for three times their average monthly bill and, similar to Ontario's pandemic relief fund, small businesses forced to close will have power bills forgiven for three months.

But a large region of the province which gets its power from FortisBC will not have the same bail out.

FortisBC is the electricity provider to the tens of thousands who live and work in the Silmikameen Valley on Highway 3, the city of Kelowna, the Okanagan Valley south from Penticton, the Boundary region along the U.S. border. as well as West Kootenay communities.

“We want to make sure our customers are not worried about their FortisBC bill,” spokesperson Nicole Brown said.

FortisBC customers will still be on the hook for bills despite measures being taken to keep the lights on, even as winter disconnection pressures have been reported elsewhere.

Recent storm response by BC Hydro also highlights how crews have kept electricity service reliable during recent atypical events.

“We’ve adjusted our billing practices so we can do more,” she said. “We’ve discontinued our late fees for the time being and no customer will be disconnected for any financial reason.”

Brown said they will work one-on-one with customers to help find a billing arrangement that best suits their needs, aligning with disconnection moratoriums seen in other jurisdictions.

Those arrangement, she said, could include a “deferral, an equal payment plan or other billing options,” similar to FortisAlberta's precautions announced in Alberta.

Global News inquired with the Premier’s office why FortisBC customers were left out of Wednesday’s announcement and were deferred to the Ministry of Energy, Mines and Petroleum Resources.

The Ministry referred us back to FortisBC on the issue and offered no other comment, even as peak rates for self-isolating customers remained unchanged in parts of Ontario.

“We’re examining all options of how we can further help our customers and look forward to learning more about the program that BC Hydro is offering,” Brown said.

Disappointed FortisBC customers took to social media to vent about the disparity.

 

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Renewables are not making electricity any more expensive

Renewables' Impact on US Wholesale Electricity Prices is clear: DOE analysis shows wind and solar, capacity gains, and natural gas lowering rates, shifting daily patterns, and triggering occasional negative pricing in PJM and ERCOT.

 

Key Points

DOE data show wind and solar lower wholesale prices, reshape price curves, and cause negative pricing in markets.

✅ Natural gas price declines remain the largest driver of cheaper power

✅ Wind and solar shift seasonal and time-of-day price patterns

✅ Negative wholesale prices appear near high wind and solar output

 

One of the arguments that's consistently been raised against doing anything about climate change is that it will be expensive. On the more extreme end of the spectrum, there have been dire warnings about plunging standards of living due to skyrocketing electricity prices. The plunging cost of renewables like solar cheaper than gas has largely silenced these warnings, but a new report from the Department of Energy suggests that, even earlier, renewables were actually lowering the price of electricity in the United States.

 

Plunging prices
The report focuses on wholesale electricity prices in the US. Note that these are distinct from the prices consumers actually pay, which includes taxes, fees, payments to support the grid that delivers the electricity, and so on. It's entirely possible for wholesale electricity prices to drop even as consumers end up paying more, and market reforms determine how those changes are passed through. That said, large changes in the wholesale price should ultimately be passed on to consumers to one degree or another.

The Department of Energy analysis focuses on the decade between 2008 and 2017, and it includes an overall analysis of the US market, as well as large individual grids like PJM and ERCOT and, finally, local prices. The decade saw a couple of important trends: low natural gas prices that fostered a rapid expansion of gas-fired generators and the rapid expansion of renewable generation that occurred concurrently with a tremendous drop in price of wind and solar power.

Much of the electricity generated by renewables in this time period would be more expensive than that generated by wind and solar installed today. Not only have prices for the hardware dropped, but the hardware has improved in ways that provide higher capacity factors, meaning that they generate a greater percentage of the maximum capacity. (These changes include things like larger blades on wind turbines and tracking systems for solar panels.) At the same time, operating wind and solar is essentially free once they're installed, so they can always offer a lower price than competing fossil fuel plants.

With those caveats laid out, what does the analysis show? Almost all of the factors influencing the wholesale electricity price considered in this analysis are essentially neutral. Only three factors have pushed the prices higher: the retirement of some plants, the rising price of coal, and prices put on carbon, which only affect some of the regional grids.

In contrast, the drop in the price of natural gas has had a very large effect on the wholesale power price. Depending on the regional grid, it's driven a drop of anywhere from $7 to $53 per megawatt-hour. It's far and away the largest influence on prices over the past decade.

 

Regional variation and negative prices
But renewables have had an influence as well. That influence has ranged from roughly neutral to a cost reduction of $2.2 per MWh in California, largely driven by solar. While the impact of renewables was relatively minor, it is the second-largest influence after natural gas prices, and the data shows that wind and solar are reducing prices rather than increasing them.

The reports note that renewables are influencing wholesale prices in other ways, however. The growth of wind and solar caused the pattern of seasonal price changes to shift in areas of high wind and solar, as seen with solar reshaping prices in Northern Europe as daylight hours and wind patterns shift with the seasons. Similarly, renewables have a time-of-day effect for similar reasons, helping explain why the grid isn't 100% renewable today, which also influences the daily timing price changes, something that's not an issue with fossil fuel power.

A map showing the areas where wholesale electricity prices have gone negative, with darker colors indicating increased frequency.
Enlarge / A map showing the areas where wholesale electricity prices have gone negative, with darker colors indicating increased frequency.

US DOE
One striking feature of areas where renewable power is prevalent is that there are occasional cases in which an oversupply of renewable energy produces negative electricity prices in the wholesale market. (In the least-surprising statement in the report, it concludes that "negative prices in high-wind and high-solar regions occurred most frequently in hours with high wind and solar output.") In most areas, these negative prices are rare enough that they don't have a significant influence on the wholesale price.

That's not true everywhere, however. Areas on the Great Plains see fairly frequent negative prices, and they're growing in prevalence in areas like California, the Southwest, and the northern areas of New York and New England, while negative prices in France have been observed in similar conditions. In these areas, negative wholesale prices near solar plants have dropped the overall price by 3%. Near wind plants, that figure is 6%.

None of this is meant to indicate that there are no scenarios where expanded renewable energy could eventually cause wholesale prices to rise. At sufficient levels, the need for storage, backup plants, and grid management could potentially offset their low costs, a dynamic sometimes referred to as clean energy's dirty secret by analysts. But it's clear we have not yet reached that point. And if the prices of renewables continue to drop, then that point could potentially recede fast enough not to matter.

 

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