Court: Aquila Can't Spend Sale Proceeds

By The Associated Press


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A federal judge ruled recently that Aquila Inc. cannot spend $504 million from the recent sale of its Canadian assets.

The ruling by U.S. District Judge Gary Fenner prevents Aquila from using cash from the May sale of assets to Fortis Inc.

Insurance company Chubb Corp., which issued bonds in 1999 and 2000 to insure natural gas delivery contracts purchased from Aquila by municipal utilities in Nebraska, claims the money must be held as collateral on those bonds.

In his ruling, Fenner found that the bond contracts allow Chubb to demand collateral or be discharged for the liability of the gas contracts. But since the gas is being delivered as ordered, Aquila argued, there is no reason for Chubb to insist on collateral.

Aquila said in a release that the ruling ``would not affect its plan to return to financial stability,'' despite a previous court filing in which the company said a delay in accessing the money ``could trigger a domino effect leading to disastrous consequences for Aquila and its stockholders.''

Fenner will consider at a later hearing whether to make the temporary injunction he ordered recently permanent. No date was set for that hearing.

In May, Aquila closed on the $1.08 billion-sale of its Canadian utility operations to Fortis, a Canadian energy company based in Newfoundland. It was the last major asset sale of the company's restructuring process, in which it aimed to exit the volatile energy trading business and return to its roots as a domestic utility.

Aquila, formerly known as UtiliCorp United, operates electricity and natural gas distribution utilities in Colorado, Iowa, Kansas, Michigan, Minnesota, Missouri and Nebraska.

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ERCOT Issues RFP to Procure Capacity to Alleviate Winter Concerns

ERCOT Winter Capacity RFP seeks up to 3,000 MW through generation and demand response to bolster Texas grid reliability during peak load, leveraging Reliability Must-Run, incentive factors, and EEA risk mitigation for the 2023-24 season.

 

Key Points

An ERCOT initiative to procure 3,000 MW of generation and demand response to reduce EEA risk and improve reliability.

✅ Targets 3,000 MW from generation and demand response

✅ Uses RMR-style contracts with flexible incentive factors

✅ Aims to lower EEA probability below 10% this winter

 

The Electric Reliability Council of Texas (ERCOT) issued a request for proposals to stakeholders to procure up to 3,000 MW of generation or demand response capacity to meet load and reserve requirements during the winter 2023-24 peak load season (Dec. 1, 2023, through Feb. 29, 2024), amid ongoing Texas power grid challenges across the region.

ERCOT cited “several factors, including significant peak load growth since last winter, recent and proposed retirements of dispatchable Generation Resources, and recent extreme winter weather events, including Winter Storm Elliott in December 2022, Winter Storm Uri in February 2021, and the 2018 and 2011 winter storms, each of which resulted in abnormally high demand during winter weather.” It now seeks additional capacity under its “authority to prevent an anticipated Emergency Condition,” reflecting nationwide blackout risks identified by grid experts.

In its notice regarding the RFP, ERCOT identified a number of mothballed and recently decommissioned generation resources that may be eligible to offer capacity under the RFP. It further stated that offers must comport with the format of its “Reliability Must-Run” agreement but could include a proposed “Incentive Factor” that reflects the revenues the unit owners determine would be necessary to bring the unit back to operation. It added that the Incentive Factor is not necessarily limited to 10%. Providers of eligible demand response can submit offers based on similar principles that are not necessarily constrained by cost. The notice identifies potential acceptable sources of demand response, describes certain parameters for the kinds of demand response that are permitted to respond to the RFP, and outlines the time periods during which ERCOT must be able to deploy the demand response resources to improve electricity reliability across the system.

To meet the Dec. 1, 2023, service start date, ERCOT developed an aggressive timeline to solicit and evaluate proposals through the RFP. Responses to the RFP are due Nov. 6, 2023. ERCOT’s schedule provides that it will notify market participants that obtain awards on Nov. 23, 2023. Expect contracts to be executed by Nov. 30, 2023.

Unlike Regional Transmission Organizations in the Northeastern United States, ERCOT does not have a capacity market. Instead, ERCOT relies on a high price cap of $5,000 per MWh for its energy market (decreased from the $9,000 per MWh cap in effect during Winter Storm Uri) and an Operating Reserve Demand Curve adder that pays additional funds to generators supplying power and ancillary services, an area recently scrutinized for improper payments when supply conditions are tight. In the wake of Winter Storm Uri, some calls were made to have ERCOT adopt a capacity market for reliability reasons, and a number of legal battles continue to play out in the wake of Winter Storm Uri. (See recent McGuireWoods legal alert “Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas.”) Though a capacity market was not adopted, the Texas Legislature approved a $7.2 billion loan program, widely described as an electricity market bailout for generators, to build up to 10,000 MW of dispatchable generation. The legislature also approved a version of the Public Utility Commission of Texas’ proposal to establish a “Performance Credit Mechanism,” but with a cost cap of $1 billion.

The loss of life and economic impacts of Winter Storm Uri in 2021, along with the energy crunches and calls for conservation this past summer, are driving changes to ERCOT’s “energy-only” market, including electricity market reforms under consideration. Texas policymakers are providing multiple financial incentives to promote investment in dispatchable on-demand generation, and voters will consider funding to modernize generation measures this year to make the Texas grid more reliable and able to deal with power demand from a growing economy and increased demand for electricity driven by weather. In the meantime, ERCOT’s plan to procure 3,000 MW through this RFP process is a stopgap measure intended to bolster reliability for the upcoming winter season and lower the probability of load shed in the event of severe winter weather.

 

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Utility giant Electricite de France acquired 50pc stake in Irish offshore wind farm

Codling Bank Offshore Wind Project will deliver a 1.1 GW offshore wind farm off the Wicklow coast, as EDF Renewables and Fred Olsen Renewables invest billions to support Ireland's CAP 2030 and cut carbon emissions.

 

Key Points

A 1.1 GW offshore wind farm off Co Wicklow, led by EDF and Fred Olsen, advancing Ireland's CAP 2030 targets.

✅ Up to 1.1 GW capacity; hundreds of turbines off Co Wicklow

✅ EDF Renewables partners with Fred Olsen Renewables

✅ Investment well over €2bn, supporting 70% electricity by 2030

 

It’s been previously estimated that the entire Codling Bank project, which will eventually see hundreds of wind turbines, such as a huge offshore wind turbine now coming to market, erected about 13km off the Co Wicklow coast, could be worth as much as €100m. The site is set to generate up to 1.1 gigawatts of electricity when it’s eventually operational.

It’s likely to cost well over €2bn to develop, and with new pipelines abroad where Long Island offshore turbine proposals are advancing, scale economies are increasingly relevant.

The other half of the project is owned by Norway’s Fred Olsen Renewables, with tens of millions of euro already reportedly spent on surveys and other works associated with the scheme. Initial development work started in 2003.

Mr Barrett will now continue to focus on his non-Irish renewable projects, at a time when World Bank wind power support is accelerating in developing countries, said Hazel Shore, the company that sold the stake. It added that Johnny Ronan and Conor Ronan, the developer’s brother, will retain an equity interest in the Codling project.

“The Hazel Shore shareholders remain committed to continuing their renewable and forestry businesses,” noted the firm, whose directors include Paddy Teahon, a former secretary of the Department of the Taoiseach and chairman of the National Offshore Wind Association of Ireland.

The French group’s EDF Renewables subsidiary will now partner with the Norwegian firm to develop and build the Codling Bank project, in a sector widely projected to become a $1 trillion business over the coming decades.

EDF pointed out that the acquisition of the Codling Bank stake comes after the government committed to reducing carbon emissions. A Climate Action Plan launched last year will see renewable projects generating 70pc of Ireland’s electricity by 2030, with more than a third of Irish electricity to be green within four years according to recent analysis. Offshore wind is expected to deliver at least 3.5GW of power in support of the objective.

Bruno Bensasson, EDF Group senior executive vice-president of renewable energies and the CEO of EDF Renewables said the French group is “committed to contributing to the Irish government’s renewables goals”.

“This important project clearly strengthens our strong ambition to be a leading global player in the offshore wind industry,” he added. “This is consistent with the CAP 2030 strategy that aims to double EDF’s renewable energy generation by 2030 and increase it to 50GW net.”

Matthieu Hue, the CEO of EDF Renewables UK and Ireland said the firm already has an office in Dublin and is looking for further renewable projects, as New York's biggest offshore wind farm moves ahead, underscoring momentum.

Last November, the ESB teamed up with EDF in Scotland, reflecting how UK offshore wind is powering up, with the Irish utility buying a 50pc stake in the Neart na Gaoithe offshore wind project. The massive wind farm is expected to generate up to 450MW of electricity and will cost about €2.1bn to develop.

EDF said work on that project is “well under way”.

 

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Electricity blackouts spark protests in Iranian cities

Iran Power Outage Protests surge as electricity blackouts, drought, and a looming heat wave spark unrest in Tehran, Shiraz, and more, with chants against leadership, strikes, and sanctions-driven economic pressures mounting.

 

Key Points

Protests across Iran over blackouts, drought, and economic strain challenge authorities and demand accountability.

✅ Rolling blackouts blamed on drought, heat wave, and surging demand.

✅ Chants target leadership amid strikes and wage, water shortages.

✅ Legitimacy questioned after low-turnout election and sanctions.

 

There have been protests in a number of cities in Iran amid rising public anger over widespread electricity blackouts.

Videos on social media appeared to show crowds in Shar-e Rey near Tehran, Shiraz, Amol and elsewhere overnight.

Some people can be heard shouting "Death to the dictator" and "Death to Khamenei" - a reference to Supreme Leader Ayatollah Ali Khamenei.

The government has apologised for the blackouts, which it has blamed on a severe drought and high demand.

Elsewhere, similar outages have had political repercussions, as a widespread power outage in Taiwan prompted a minister's resignation earlier this year.

President Hassan Rouhani explained in televised remarks on Tuesday morning that the drought meant most of the country's hydroelectric power plants were not operating, placing more pressure on thermal power plants, and that electricity consumption had surged as people used air conditioning to cope with the intense summer heat.

"I apologise to our dear people who have faced problems and suffering in the past few days and I urge them to co-operate [by cutting their electricity use]. People complain about power outages and they are right," Mr Rouhani said.

A video that has gone viral in recent days shows a woman complaining about the blackouts and corruption at a government office in the northern city of Gorgan and demanding that her comments be conveyed to "higher-ups like Mr Rouhani". "The only thing you have done is forcing hijab on us," she shouts.

The president has promised that the government will seek to resolve the problems within the next two or three weeks.

However, a power sector spokesman warned on Monday that consumption was exceeding the production capacity of Iran's power plants by 11GW, and said a "looming heat wave" could make the situation worse, as seen in Iraq's summer electricity crunch this year.

Iranians have also been complaining about water shortages and the non-payment of wages by some local authorities, while thousands of people working in Iran's oil industry have been on strike over pay and conditions, as officials discuss further energy cooperation with Iraq to ease supply pressures.

There was already widespread discontent at government corruption and the economic hardship caused by sanctions that were reinstated when the US abandoned a nuclear deal with Iran three years ago, even as Iran supplies about 40% of Iraq's electricity through cross-border sales.

Analysts say that after the historically low turnout in last month's presidential election, when more than half of the eligible voters stayed at home, the government is facing a serious challenge to its legitimacy.

Mr Rouhani will be succeeded next month by Ebrahim Raisi, a hard-line cleric close to Ayatollah Khamenei who won 62% of the vote after several prominent contenders were disqualified, while Iran finalizes power grid deals with Iraq to bolster regional ties.

The 60-year-old former judiciary chief has presented himself as the best person to combat corruption and solve Iran's economic problems, including ambitions to transmit electricity to Europe as a regional power hub.

But many Iranians and human rights activists have pointed to his human rights record, accusing him of playing a role in the executions of thousands of political prisoners in the 1980s and in the deadly crackdowns on mass anti-government protests in 2009 and 2019.

 

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Scottish Wind Delivers Equivalent Of 98% Of Country’s October Electricity Demand

Scotland Wind Energy October saw renewables supply the equivalent of 98 percent of electricity demand, as onshore wind outpaced National Grid needs, cutting emissions and powering households, per WWF Scotland and WeatherEnergy.

 

Key Points

A monthly update showing Scottish onshore wind met the equivalent of 98% of electricity demand in October.

✅ 98% of monthly electricity demand equivalent met by wind

✅ 16 days exceeded total national demand, per data

✅ WWF Scotland and WeatherEnergy cited; lower emissions

 

New figures publicized by WWF Scotland have revealed that wind energy generated the equivalent of 98% of the country’s electricity demand in October, or enough electricity to power millions of Scottish homes across the country.

Scotland has regularly been highlighted as a global wind energy leader, and over the last few years has repeatedly reported record-breaking months for wind generation. Now, it’s all very well and good to say that Scottish wind delivered 98% of the country’s electricity demand, but the specifics are a little different — hence why WWF Scotland always refers to it as wind providing “the equivalent of 98%” of Scotland’s electricity demand. That’s why it’s worth looking at the statistics provided by WWF Scotland, sourced from WeatherEnergy, part of the European EnergizAIR project:

  • National Grid demand for the month – 1,850,512 MWh
  • What % of this could have been provided by wind power across Scotland – 98%
  • Best day – 23rd October 2018, generation was 105,900.94 MWh, powering 8.72m homes, 356% of households. Demand that day was 45,274.5MWh – wind generation was 234% of that.
  • Worst day – 18th October 2018 when generation was 18,377.71MWh powering 1,512,568 homes, 62% of households. Demand that day was 73,628.5MWh – wind generation was 25%
  • How many days generation was over 100% of households – 27
  • How many days generation was over 100% of demand – 16

“What a month October proved to be, with wind powering on average 98 per cent of Scotland’s entire electricity demand for the month, at a time when wind became the UK’s main power source and exceeding our total demand for a staggering 16 out of 31 days,” said Dr Sam Gardner, acting director at WWF Scotland.

“These figures clearly show wind is working, it’s helping reduce our emissions and is the lowest cost form of new power generation. It’s also popular, with a recent survey also showing more and more people support turbines in rural areas. That’s why it’s essential that the UK Government unlocks market access for onshore wind at a time when we need to be scaling up electrification of heat and transport.”

Alex Wilcox Brooke, Weather Energy Project Manager at Severn Wye Energy Agency, added: “Octobers figures are a prime example of how reliable & consistent wind production can be, with production on 16 days outstripping national demand.”

 

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Understanding the Risks of EV Fires in Helene Flooding

EV Flood Fire Risks highlight climate change impacts, lithium-ion battery hazards, water damage, post-submersion inspection, first responder precautions, manufacturer safeguards, and insurance considerations for extreme weather, flood-prone areas, and hurricane aftermaths.

 

Key Points

Water-exposed EV lithium-ion batteries may ignite later, requiring inspection, isolation, and trained responders.

✅ Avoid driving through floodwaters; park on high ground.

✅ After submersion, isolate vehicle; seek qualified inspection.

✅ Inform first responders and insurers about EV water damage.

 

As climate change intensifies the frequency and severity of extreme weather events, concerns about electric vehicle (EV) safety in flood-prone areas have come to the forefront. Recent warnings from officials regarding the risks of electric vehicles catching fire due to flooding from Hurricane Idalia underscore the need for heightened awareness and preparedness among consumers and emergency responders, as well as attention to grid reliability during disasters.

The alarming incidents of EVs igniting after being submerged in floodwaters have raised critical questions about the safety of these vehicles during severe weather conditions. While electric vehicles are often touted for their environmental benefits and lower emissions, it is crucial to understand the potential risks associated with their battery systems when exposed to water, even as many drivers weigh whether to buy an electric car for daily use.

The Risks of Submerging Electric Vehicles

Electric vehicles primarily rely on lithium-ion batteries, which can be sensitive to water exposure. When these batteries are submerged, they risk short-circuiting, which may lead to fires. Unlike traditional gasoline vehicles, where fuel may leak out, the sealed nature of an EV’s battery can create hazardous situations when compromised. Experts warn that even after water exposure, the risk of fire can persist, sometimes occurring days or weeks later.

Officials emphasize the importance of vigilance in flood-prone areas, including planning for contingencies like mobile charging and energy storage that support recovery. If an electric vehicle has been submerged, it is crucial to have it inspected by a qualified technician before attempting to drive it again. Ignoring this can lead to catastrophic consequences not only for the vehicle owner but also for surrounding individuals and properties.

Official Warnings and Recommendations

In light of these dangers, safety officials have issued guidelines for electric vehicle owners in flood-prone areas. Key recommendations include:

  1. Avoid Driving in Flooded Areas: The most straightforward advice is to refrain from driving through flooded streets, which can not only damage the vehicle but also pose risks to personal safety.

  2. Inspection After Flooding: If an EV has been submerged, owners should seek immediate professional inspection. Technicians can evaluate the battery and electrical systems for damage and determine if the vehicle is safe to operate.

  3. Inform Emergency Responders: In flood situations, informing emergency personnel about the presence of electric vehicles can help them mitigate risks during rescue operations, including firefighter health risks that may arise. First responders are trained to handle conventional vehicles but may need additional precautions when dealing with EVs.

Industry Response and Innovations

In response to rising concerns, electric vehicle manufacturers are working to enhance the safety features of their vehicles. This includes developing waterproof battery enclosures and improving drainage systems to prevent water intrusion, as well as exploring vehicle-to-home power for resilience during outages. Some manufacturers are also investing in research to improve battery chemistry, making them more resilient in extreme conditions.

The automotive industry recognizes that consumer education is equally important, particularly around utility impacts from mass-market EVs that affect planning. Manufacturers and safety organizations are encouraged to disseminate information about proper EV maintenance, the importance of inspections after flooding, and safety protocols for both owners and first responders.

The Role of Insurance Companies

As the risks associated with electric vehicle flooding become more apparent, insurance companies are also reassessing their policies. With increasing incidences of extreme weather, insurers are likely to adapt coverage options related to water damage and fire risks specific to electric vehicles. Policyholders should consult with their insurance providers to ensure they understand their coverage in the event of flooding.

Preparing for the Future

With the increasing adoption of electric vehicles, it is vital to prepare for the challenges posed by climate change and evolving state power grids capacity. Community awareness campaigns can play a significant role in educating residents about the risks and safety measures associated with electric vehicles during flooding events. By fostering a well-informed public, the likelihood of accidents and emergencies can be reduced.

 

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Ontario Businesses To See Full Impact of 2021 Electricity Rate Reductions

Ontario Comprehensive Electricity Plan delivers Global Adjustment reductions for industrial and commercial non-RPP customers, lowering electricity rates, shifting renewable energy costs, and enhancing competitiveness across Ontario businesses in 2022, with additional 4 percent savings.

 

Key Points

Ontario's plan lowers Global Adjustment by shifting renewable costs, cutting industrial and commercial bills 15-17%.

✅ Shifts above-market non-hydro renewable costs to the Province

✅ Reduces GA for industrial and commercial non-RPP customers

✅ Additional 4% savings on 2022 bills after GA deferral

 

As of January 1, 2022, industrial and commercial electricity customers will benefit from the full savings introduced through the Ontario government’s Comprehensive Electricity Plan, which supports stable electricity pricing for industrial and commercial companies, announced in Budget 2020, and first implemented in January 2021. This year customers could see an additional four percent savings compared to their bills last year, bringing the full savings from the Comprehensive Electricity Plan to between 15 and 17 per cent, making Ontario a more competitive place to do business.

“Our Comprehensive Electricity Plan has helped reverse the trend of skyrocketing electricity prices that drove jobs out of Ontario,” said Todd Smith, Minister of Energy. “Over 50,000 customers are benefiting from our government’s plan which has reduced electricity rates on clean and reliable power, allowing them to focus on reinvesting in their operations and creating jobs here at home.”

Starting on January 1, 2021, the Comprehensive Electricity Plan reduced overall Global Adjustment (GA) costs for industrial and commercial customers who do not participate in the Regulated Price Plan (RPP) by shifting the forecast above-market costs of non-hydro renewable energy, such as wind, solar and bioenergy, from the rate base to the Province, alongside energy-efficiency programs that complement demand reduction efforts.

“Since taking office, our government has listened to job creators and worked to lower the costs of doing business in the province. Through these significant reductions in electricity prices through the Comprehensive Electricity Plan, customers all across Ontario will benefit from significant savings in their business operations in 2022,” said Vic Fedeli, Minister of Economic Development, Job Creation and Trade. “By continuing to reduce electricity costs, lowering taxes, and cutting red tape our government has reduced the cost of doing business in Ontario by nearly $7 billion annually to ensure that we remain competitive, innovative and poised for economic recovery.”

As part of its COVID response, including electricity relief for families and small businesses, Ontario had deferred a portion of GA between April and June 2020 for industrial and non-RPP commercial customers, with more than 50,000 customers benefiting. Those same businesses paid back these deferred GA costs over 12 months, between January 2021 and December 2021, while the province prepared to extend disconnect moratoriums for residential customers.

During the pandemic, residential electricity use rose even as overall consumption dropped, underscoring shifts in load patterns.

Now that the GA deferral repayment period is over, industrial and non-RPP commercial customers will benefit from the full cost reductions provided to them by the Comprehensive Electricity Plan, alongside temporary off-peak rate relief that supported families and small businesses. This means that, beginning January 1, 2022, these businesses could see an additional four per cent savings on their bills compared to 2021, as new ultra-low overnight pricing options emerge depending on their location and consumption.

 

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