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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A new nuclear reactor in the U.S. starts up. It's the first in nearly seven years

Vogtle Unit 3 Initial Criticality marks the startup of a new U.S. nuclear reactor, initiating fission to produce heat, steam, and electricity, supporting clean energy goals, grid reliability, and carbon-free baseload power.

 

Key Points

Vogtle Unit 3 Initial Criticality is the first fission startup, launching power generation at a new U.S. reactor.

✅ First new U.S. reactor to reach criticality since 2016

✅ Generates carbon-free baseload power for the grid

✅ Faced cost overruns and delays during construction

 

For the first time in almost seven years, a new nuclear reactor has started up in the United States.

On Monday, Georgia Power announced that the Vogtle nuclear reactor Unit 3 has started a nuclear reaction inside the reactor as part of the first new reactors in decades now taking shape at the plant.

Technically, this is called “initial criticality.” It’s when the nuclear fission process starts splitting atoms and generating heat, Georgia Power said in a written announcement.

The heat generated in the nuclear reactor causes water to boil. The resulting steam spins a turbine that’s connected to a generator that creates electricity.

Vogtle’s Unit 3 reactor will be fully in service in May or June, Georgia Power said.

The last time a nuclear reactor reached the same milestone was almost seven years ago in May 2016 when the Tennessee Valley Authority started splitting atoms at the Watts Bar Unit 2 reactor in Tennessee, Scott Burnell, a spokesperson for the Nuclear Regulatory Commission, told CNBC.

“This is a truly exciting time as we prepare to bring online a new nuclear unit that will serve our state with clean and emission-free energy for the next 60 to 80 years,” Chris Womack, CEO of Georgia Power, said in a written statement. 

Including the newly turned-on Vogtle Unit 3 reactor, there are currently 93 nuclear reactors operating in the United States and, collectively, they generate 20% of the electricity in the country, although a South Carolina plant leak recently showed how outages can sideline a unit for weeks.

Nuclear reactors, which help combat global warming and support net-zero emissions goals, generate about half of the clean, carbon-free electricity generated in the U.S.

Most of the nuclear power reactors in the United States were constructed between 1970 and 1990, but construction slowed significantly after the accident at Three Mile Island near Middletown, Pennsylvania, on March 28, 1979, even as interest in next-gen nuclear power has grown in recent years. From 1979 through 1988, 67 nuclear reactor construction projects were canceled, according to the U.S. Energy Information Administration.

However, because nuclear energy is generated without releasing carbon dioxide emissions, which cause global warming, the increased sense of urgency in responding to climate change has given nuclear energy a chance at a renaissance as atomic energy heats up again globally.

The cost associated with building nuclear reactors is a major barrier to a potential resurgence in nuclear energy, however, even as nuclear generation costs have fallen to a ten-year low. And the new builds at Vogtle have become an epitome of that charge: The construction of the two Vogtle reactors has been plagued by cost overruns and delays.
 

 

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Green energy could drive Covid-19 recovery with $100tn boost

Renewable Energy Economic Recovery drives GDP gains, job growth, and climate targets by accelerating clean energy investment, green hydrogen, and grid modernization, delivering high ROI and a resilient, low-carbon transition through stimulus and policy alignment.

 

Key Points

A strategy to boost GDP and jobs by accelerating clean power and green hydrogen while meeting climate goals.

✅ Adds $98tn to global GDP by 2050; $3-$8 return per $1 invested

✅ Quadruples clean energy jobs to 42m; improves health and welfare

✅ Cuts CO2 70% by 2050; enables net-zero via green hydrogen

 

Renewable energy could power an economic recovery from Covid-19 through a green recovery that spurs global GDP gains of almost $100tn (£80tn) between now and 2050, according to a report.

The International Renewable Energy Agency’s new IRENA report found that accelerating investment in renewable energy could generate huge economic benefits while helping to tackle the global climate emergency.

The agency’s director general, Francesco La Camera, said the global crisis ignited by the coronavirus outbreak exposed “the deep vulnerabilities of the current system” and urged governments to invest in renewable energy to kickstart economic growth and help meet climate targets.

The agency’s landmark report found that accelerating investment in renewable energy would help tackle the climate crisis and would in effect pay for itself.

Investing in renewable energy would deliver global GDP gains of $98tn above a business-as-usual scenario by 2050, as clean energy investment significantly outpaces fossil fuels, by returning between $3 and $8 on every dollar invested.

It would also quadruple the number of jobs in the sector to 42m over the next 30 years, and measurably improve global health and welfare scores, according to the report.

“Governments are facing a difficult task of bringing the health emergency under control while introducing major stimulus and recovery measures, as a US power coalition demands action,” La Camera said. “By accelerating renewables and making the energy transition an integral part of the wider recovery, governments can achieve multiple economic and social objectives in the pursuit of a resilient future that leaves nobody behind.”

The report also found that renewable energy could curb the rise in global temperatures by helping to reduce the energy industry’s carbon dioxide emissions by 70% by 2050 by replacing fossil fuels, with measures like a fossil fuel lockdown hastening the shift.

Renewables could play a greater role in cutting carbon emissions from heavy industry and transport to reach virtually zero emissions by 2050, particularly by investing in green hydrogen.

The clean-burning fuel, which can replace the fossil fuel gas in steel and cement making, could be made by using vast amounts of clean electricity to split water into hydrogen and oxygen elements.

Andrew Steer, chief executive of the World Resources Institute, said: “As the world looks to recover from the current health and economic crises, we face a choice: we can pursue a modern, clean, healthy energy system, or we can go back to the old, polluting ways of doing business. We must choose the former.”

The call for a green economic recovery from the coronavirus crisis comes after a warning from Dr Fatih Birol, head of the International Energy Agency, that government policies must be put in place to avoid an investment hiatus in the energy transition, even as the solar and wind industry faces Covid-19 disruptions.

“We should not allow today’s crisis to compromise the clean energy transition, even as wind power growth persists despite Covid-19,” he said. “We have an important window of opportunity.”

Ignacio Galán, the chairman and CEO of the Spanish renewables giant Iberdrola, which owns Scottish Power, said the company would continue to invest billions in renewable energy as well as electricity networks and batteries to help integrate clean energy in the electricity.

“A green recovery is essential as we emerge from the Covid-19 crisis. The world will benefit economically, environmentally and socially by focusing on clean energy,” he said. “Aligning economic stimulus and policy packages with climate goals is crucial for a long-term viable and healthy economy.”

 

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Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

 

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

 

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

 

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Bomb Cyclone Leaves Half a Million Without Power in Western Washington

Western Washington Bomb Cyclone unleashed gale-force winds, torrential rain, and coastal flooding, causing massive power outages from Seattle to Tacoma; storm surge, downed trees, and blocked roads hindered emergency response and infrastructure repairs.

 

Key Points

A rapidly deepening storm with severe winds, rain, flooding, and major power outages across Western Washington.

✅ Rapid barometric pressure drop intensified the system

✅ Gale-force winds downed trees and power lines

✅ Coastal flooding and storm surge disrupted transport

 

A powerful "bomb cyclone" recently hit Western Washington, causing widespread destruction across the region. The intense storm left more than half a million residents without power, similar to B.C. bomb cyclone outages seen to the north, with outages affecting communities from Seattle to Olympia. This weather phenomenon, marked by a rapid drop in atmospheric pressure, unleashed severe wind gusts, heavy rain, and flooding, causing significant disruption to daily life.

The bomb cyclone, which is a rapidly intensifying storm, typically features a sharp drop in barometric pressure over a short period of time. This creates extreme weather conditions, including gale-force winds, torrential rain, and coastal flooding, as seen during California storm impacts earlier in the season. In Western Washington, the storm struck just as the region was beginning to prepare for the winter season, catching many off guard with its strength and unpredictability.

The storm's impact was immediately felt as high winds downed trees, power lines, and other infrastructure. By the time the worst of the storm had passed, utility companies had reported widespread power outages, with more than 500,000 customers losing electricity. The outages were particularly severe in areas like Seattle, Tacoma, and the surrounding communities. Crews worked tirelessly in difficult conditions to restore power, but many residents faced extended outages, underscoring US grid climate vulnerabilities that complicate recovery efforts, with some lasting for days due to the scope of the damage.

The power outages were accompanied by heavy rainfall, leading to localized flooding. Roads were inundated, making it difficult for first responders and repair crews to reach affected areas. Emergency services were stretched thin as they dealt with downed trees, blocked roads, and flooded neighborhoods. In some areas, floodwaters reached homes, forcing people to evacuate. In addition, several schools were closed, and public transportation services were temporarily halted, leaving commuters stranded and businesses unable to operate.

As the storm moved inland, its effects continued to be felt. Western Washington’s coastal regions were hammered by high waves and storm surges, further exacerbating the damage. The combination of wind and rain also led to hazardous driving conditions, prompting authorities to advise people to stay off the roads unless absolutely necessary.

While power companies worked around the clock to restore electricity, informed by grid resilience strategies that could help utilities prepare for future events, challenges persisted. Fallen trees and debris blocked access to repair sites, and the sheer number of outages made it difficult for crews to restore power quickly. Some customers were left in the dark for days, forced to rely on generators, candles, and other makeshift solutions. The storm's intensity left a trail of destruction, requiring significant resources to address the damages and rebuild critical infrastructure.

In addition to the immediate impacts on power and transportation, the bomb cyclone raised important concerns about climate change and the increasing frequency of extreme weather events. Experts note that storms like these are becoming more common, with rapid intensification leading to more severe consequences and compounding pressures such as extreme-heat electricity costs for households. As the planet warms, scientists predict that such weather systems will continue to grow in strength, posing greater challenges to cities and regions that are not always prepared for such extreme events.

In the aftermath of the storm, local governments and utility companies faced the daunting task of not only restoring services but also assessing the broader impact of the storm on communities. Many areas, especially those hit hardest by flooding and power outages, will require substantial recovery efforts. The devastation of the bomb cyclone highlighted the vulnerability of infrastructure in the face of rapidly changing weather patterns and water availability, as seen in BC Hydro drought adaptations nearby, and reinforced the need for greater resilience in the face of future storms.

The storm's impact on the Pacific Northwest is a reminder of the power of nature and the importance of preparedness. As Western Washington recovers, there is a renewed focus on strengthening infrastructure, including expanded renewable electricity to diversify supply, improving emergency response systems, and ensuring that communities are better equipped to handle the challenges posed by increasingly severe weather events. For now, residents remain hopeful that the worst is behind them and are working together to rebuild and prepare for whatever future storms may bring.

The bomb cyclone has left an indelible mark on Western Washington, but it also serves as a call to action for better preparedness, more robust infrastructure, and a greater focus on combating climate change to mitigate the impact of such extreme weather in the future.

 

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The City of Vancouver is hosting an ABB FIA Formula E World Championship race next year, organizers have announced

Vancouver Formula E 2022 delivers an all-electric, net-zero motorsport event in False Creek, featuring sustainability initiatives, clean mobility showcases, concerts, and tourism boosts, with major economic impact, jobs, and a climate action conference.

 

Key Points

A net-zero, all-electric race in False Creek, uniting EV motorsport with sustainability, concerts, and local jobs.

✅ Net-zero, all-electric FIA championship round in Canada

✅ False Creek street circuit with concerts and green mobility expo

✅ Projected $80M impact and thousands of local jobs

 

The City of Vancouver is hosting an ABB FIA Formula E World Championship race next year, organizers have announced, aligning with the city's EV-ready policy to accelerate adoption.

The all-electric race is being held in the city's False Creek neighbourhood over the 2022 July long weekend as green energy investments accelerate nationwide, according to promoter OSS Group Inc.

Earlier this year, Vancouver city council voted unanimously in support of a multi-day Formula E event that would include a conference on climate change and sustainability amid predicted EV-demand bottlenecks in B.C.

"Formula E is a win on so many levels, from being a net-zero event that supports sustainable transportation to being a huge boost for our hard-hit tourism sector, our residents, who can access rebates for home and workplace charging, and our local economy," Coun. Sarah Kirby-Yung said in a news release Thursday.

As the region advances sustainable mobility, B.C.'s EV charging expansion continues to lead the country.

The promoter said the Formula E race will bring $80 million in economic value and thousands of jobs to the city, with infrastructure like new EV chargers at YVR also underway, but did not provide any details on how it came to those estimates.

More details on the events surrounding the race, including planned concerts and other EV showcases like Everything Electric, are expected to be announced in the fall.

The last time a Formula E World Championship event came to Canada was the Montreal ePrix in 2017. Montreal Mayor Valerie Plante later cancelled planned Formula E events for 2018 and 2019, citing cost overruns and sponsorship troubles.

 

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Ontario Power Generation's Commitment to Small Modular Reactors

OPG Small Modular Reactors advance clean energy with advanced nuclear, baseload power, renewables integration, and grid reliability; factory built, scalable, and cost effective to support Ontario energy security and net zero goals.

 

Key Points

Factory built nuclear units delivering reliable, low carbon power to support Ontario's grid, renewables, climate goals.

✅ Factory built modules cut costs and shorten schedules

✅ Provides baseload power to balance wind and solar

✅ Enhances grid reliability with advanced safety and waste reduction

 

Ontario Power Generation (OPG) is at the forefront of Canada’s energy transformation, demonstrating a robust commitment to sustainable energy solutions. One of the most promising avenues under exploration is the development of Small Modular Reactors (SMRs), as OPG broke ground on the first SMR at Darlington to launch this next phase. These innovative technologies represent a significant leap forward in the quest for reliable, clean, and cost-effective energy generation, aligning with Ontario’s ambitious climate goals and energy security needs.

Understanding Small Modular Reactors

Small Modular Reactors are advanced nuclear power plants that are designed to be smaller in size and capacity compared to traditional nuclear reactors. Typically generating up to 300 megawatts of electricity, SMRs can be constructed in factories and transported to their installation sites, offering flexibility and scalability that larger reactors do not provide. This modular approach reduces construction time and costs, making them an appealing option for meeting energy demands.

One of the key advantages of SMRs is their ability to provide baseload power—energy that is consistently available—while simultaneously supporting intermittent renewable sources like wind and solar. As Ontario continues to increase its reliance on renewables, SMRs could play a crucial role in ensuring that the energy supply remains stable and secure.

OPG’s Initiative

In its commitment to advancing clean energy technologies, OPG has been a strong advocate for the adoption of SMRs. The province of Ontario has announced plans to develop three additional small modular reactors, part of its plans for four Darlington SMRs that would further enhance the region’s energy portfolio. This initiative aligns with both provincial and federal climate objectives, and reflects a collaborative provincial push on nuclear innovation to accelerate clean energy.

The deployment of SMRs in Ontario is particularly strategic, given the province’s existing nuclear infrastructure, including the continued operation of Pickering NGS that supports grid reliability. OPG operates a significant portion of Ontario’s nuclear fleet, and leveraging this existing expertise can facilitate the integration of SMRs into the energy mix. By building on established operational frameworks, OPG can ensure that new reactors are deployed safely and efficiently.

Economic and Environmental Benefits

The introduction of SMRs is expected to bring substantial economic benefits to Ontario. The construction and operation of these reactors will create jobs, including work associated with the Pickering B refurbishment across the province, stimulate local economies, and foster innovation in nuclear technology. Additionally, SMRs have the potential to attract investment from both domestic and international stakeholders, positioning Ontario as a leader in advanced nuclear technology.

From an environmental perspective, SMRs are designed with enhanced safety features and lower waste production compared to traditional reactors, complementing life-extension measures at Pickering that bolster system reliability. They can significantly contribute to Ontario’s goal of achieving net-zero emissions by 2050. By providing a reliable source of clean energy, SMRs will help mitigate the impacts of climate change while supporting the province's transition to a sustainable energy future.

Community Engagement and Collaboration

Recognizing the importance of community acceptance and stakeholder engagement, OPG is committed to an open dialogue with local communities and Indigenous groups. This collaboration is essential to addressing concerns and ensuring that the deployment of SMRs is aligned with the values and priorities of the residents of Ontario. By fostering a transparent process, OPG aims to build trust and support for this innovative energy solution.

Moreover, the development of SMRs will involve partnerships with various stakeholders, including government agencies, research institutions, and private industry, such as the OPG-TVA partnership to advance new nuclear technology. These collaborations will not only enhance the technical aspects of SMR deployment but also ensure that Ontario can capitalize on shared expertise and resources.

Looking Ahead

As Ontario Power Generation moves forward with plans for three additional Small Modular Reactors, the province stands at a critical juncture in its energy evolution. The integration of SMRs into Ontario’s energy landscape promises a sustainable, reliable, and economically viable solution to meet growing energy demands while addressing climate change challenges.

With the support of government initiatives, community collaboration, and continued innovation in nuclear technology, Ontario is poised to become a leader in the advancement of Small Modular Reactors. The successful implementation of these projects could serve as a model for other jurisdictions seeking to transition to cleaner energy sources, highlighting the role of nuclear power in a balanced and sustainable energy future.

In conclusion, OPG's commitment to developing Small Modular Reactors not only reinforces Ontario’s energy security but also demonstrates a proactive approach to addressing the pressing challenges of climate change and environmental sustainability. The future of energy in Ontario looks promising, driven by innovation and a commitment to clean energy solutions.

 

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