Nevada Power & Sierra Pacific Power File to Declare Deregulation Unconstitutional

By Following the release of the draft order on March 21, 2000, relating to Nevada Power's Deferred Energy filing, the indication was that the company would take


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Nevada Power and Sierra Pacific Power companies filed today in federal court to have the Nevada law which created the framework for a deregulated and competitive electric market in Nevada declared unconstitutional. The companies stated the law will be detrimental to some customers while giving unfair advantages to others, based on regulatory decisions implementing the law, and extremely harmful to the company shareholders.

The companies also stated their intention to file a complaint in state court to appeal the Public Utilities Commission of Nevada's (PUCN) decisions regarding their July and September deferred energy cases.

In accordance with state restructuring law, Nevada Power Co. had filed cases with the PUCN in July and September of 1999 which sought to recover fuel and purchased power costs already incurred by the utility to serve its customers and to set rates one last time before they are frozen until 2003. In decisions issued in February and March, 2000, the PUCN denied the company's request to recover these costs and ordered additional cuts to the company's rates.

Nevada Power Co. is a wholly-owned subsidiary of Sierra Pacific Resources, which is also the parent company of Sierra Pacific Power Co.

"Restructuring in the State of Nevada is a very complex issue," said Michael R. Niggli, Chairman and CEO of Sierra Pacific Resources. "From the beginning we have supported competition in our industry, but we want to make sure it is done right. Competition should benefit all customers, both large and small, provide a level playing field for all competitors, and not harm company shareholders."

According to Niggli, "In 1997, the Nevada Legislature began the difficult challenge of creating a framework to introduce competition into Nevada's electric markets. The first bill, passed in 1997, was revisited in 1999. Nevada Power was an active participant in the process to open the state's electric markets to competition. We always believed that if it were handled correctly, customers would benefit from competition, the legitimate rights of shareholders would be protected, employees would not be harmed, and the economic health of the state would not be jeopardized."

Niggli added that Nevada Power is not the engine of growth for Southern Nevada, nor is Sierra Pacific the engine of growth for Northern Nevada. "However, both provide a backbone of infrastructure and services that are vital to prosperous growth in the areas they serve. It is critical the transition to a competitive electricity industry occurs in a manner that ensures these infrastructure and service needs will continue to be met in the future.

"Clearly, none of these problems were anticipated when competition was first envisioned for Nevada," he said. "We think the time has come to step back and restore the foundation and balance that underlies the promise and benefits of healthy and fair competition. These benefits can only be realized if electric competition is done the right way, to offer benefits to all stakeholders and provide a level playing field for all competitors.

"Besides the complexities, we now know the consequences of doing deregulation the wrong way," Niggli said. Company shareholders have lost 50 percent of the value of their investment over the past eight months, a significant portion of which is attributed to recent PUCN decisions. "This billion dollar reduction in market value of the company has tremendous negative consequences for all Nevadans, not just for those who work for the company or own stock," he continued.

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OPINION Rewiring Indian electricity

India Power Sector Crisis: a tangled market of underused plants, coal shortages, cross-subsidies, high transmission losses, and weak PPAs, requiring deregulation, power exchanges, and cost-reflective tariffs to fix insolvency and outages.

 

Key Points

India power market failure from subsidies, coal shortages, and losses, needing deregulation and reflective pricing.

✅ Deregulate to enable spot trading on power exchanges

✅ End cross-subsidies; charge cost-reflective tariffs

✅ Secure coal supply; cut T&D losses and theft

 

India's electricity industry is in a financial and political tangle.

Power producers sit on thousands of megawatts of underutilized plant, while consumers face frequent power cuts, both planned and unplanned.

Financially troubled generators struggle to escape insolvency proceedings. The state-owned banks that have mostly financed power utilities fear that debts of troubled utilities totaling 1.74 trillion rupees will soon go bad.

Aggressive bidding for supply contracts and slower-than-expected demand growth, including a recent demand slump in electricity use, is the root cause. The problems are compounded by difficulties in securing coal and other fuels, high transmission losses, electricity theft and cash-starved distribution companies.

But India's 36 state and union territory governments are contributing mightily to this financial and economic mess. They persist with populist cross-subsidies -- reducing charges for farmers and households at the cost of nonagricultural businesses, especially energy-intensive manufacturing sectors such as steel.

The states refuse to let go of their control over how electricity is produced, distributed and consumed. And they are adamant that true markets, with freedom for large industrial users to buy power at market-determined rates from whichever utility they want at power exchanges -- will not become a reality in India.

State politicians are driven mainly by the electoral need to appease farmers, India's most important vote bank, who have grown used to decades of nearly-free power.

New Delhi is therefore relying on short-term fixes instead of attempting to overhaul a defunct system. Users must pay the real cost of their electricity, as determined by a properly integrated national market free of state-level interference if India's power mess is to be really addressed.

As of Aug. 31, the country's total installed production capacity was 344,689 MW, underscoring its status as the third-largest electricity producer globally by output. Out of that, thermal power comprising coal, gas and diesel accounted for 64%, hydropower 13% and renewables accounted for 20%. Commercial and industrial users accounted for 55% of consumption followed by households on 25% and the remaining 20% by agriculture.

Coal-fired power generation, which contributes roughly 90% of thermal output and the bulk of the financially distressed generators, is the most troubled segment as it faces a secular decline in tariffs due to increasing competition from highly subsidized renewables (which also benefit from falling solar panel costs), coal shortages and weak demand.

The Central Electricity Act (CEA) 2003 opened the gates of the country's power sector for private players, who now account for 45% of generating capacity.

But easy credit, combined with an overconfident estimation of the risks involved, emboldened too many investors to pile in, without securing power purchase agreements (PPAs) with distribution companies.

As a result, power capacity grew at an annual compound rate of 11% compared to demand at 6% in the last decade leading to oversupply.

This does not mean that the electricity market is saturated. Merely that there are not enough paying customers. Distributors have plenty of consumers who will not or cannot pay, even though they have connections. There is huge unmet demand for power. There are 32 million Indian homes -- roughly 13% of the total -- mostly rural and poor with no access to electricity.

Moreover, consumption by those big commercial and industrial users which do not enjoy privileged rates is curbed by high prices, driven up by the cost of subsidizing others, extra charges on exchange-traded power and transmission and distribution losses (including theft) of 20-30%.

With renewables increasingly becoming cheaper, financially stressed distributors are avoiding long-term power purchase agreements, preferring spot markets. Meanwhile, coal shortages force generators to buy expensive imported coal supplies or cut output. The operating load for most private generators, which suffer particularly acute coal shortages in compared to state-owned utilities, has fallen from 84% in 2009-2010 to 55% now.

Smoothing coal supplies should be the top priority. Often coal is denied to power generators without long-term purchase contracts. Such discrimination in coal allocation prevails -- because the seller (state-run Coal India and its numerous subsidiaries) is an inefficient monopolist which cannot produce enough and rations coal supplies, favoring state-run generators over private.

To help power producers, New Delhi plans measures including auctioning power sales contracts with assured access to coal. However, even though coal and electricity shortages eased recently, such short-term fixes won't solve the problem. With electricity prices in secular decline, distributors are not seeking long-term supply contracts -- rather they are often looking for excuses to get out of existing agreements.

India needs a fundamental two-step reform. First, the market must be deregulated to allow most bulk suppliers and users to move to power trading exchanges, which currently account for just 10% of the market.

This would lead to genuine price discovery in a spot market and, in time, lead to the trading of electricity futures contracts. That would help in consumers and producers hedge their respective costs and revenues and safeguard their economic positions without any need for government intervention.

The second step to a healthy electricity industry is for consumers to pay the real cost of power. Cross-subsidization must end. That would promote optimal electricity use, innovation and environmental protection. Farmers enjoying nearly-free power create ecological problems by investing in water-guzzling crops such as rice and sugar cane.

Most industrial consumers, who do not have power supply privileges, have their businesses distorted and delayed by high prices. Lowering their costs would encourage power-intensive manufacturing to expand, and in the process, boost electricity demand and improve capacity utilization.

Of course, cutting theft is central to making consumers pay their way. Government officials must stop turning a blind eye to theft, especially when such transmission and distribution losses average 20%.

Politicians who want to continue subsidizing farmers or assist the poor can do so by paying cash out directly to their bank accounts, instead of wrongly relying on the power sector.

Such market-oriented reforms have long been blocked by state-level politicians, who now enjoy the influence born of operating subsidies and interfering in the sector. New Delhi must address this opposition. Narendra Modi, as a self-styled reforming prime minister, should have the courage to bite this bullet and convince state governments (starting with those ruled by his Bharatiya Janata Party) to reform. To encourage cooperation, he could offer states securing real improvements an increased share of centrally collected taxes.

Ritesh Kumar Singh is to be the chief economist of the new policy research and advocacy company Indonomics Consulting. He is former assistant director of the Finance Commission of India.

 

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Ford announces an all-electric Transit cargo van

Ford Electric Transit is an all electric cargo van for US and Canada, launching 2021, with 4G LTE hotspot, fleet telematics, GPS tracking, and driver assistance safety tech; battery, range, and performance specs TBD.

 

Key Points

An all electric cargo van with fleet telematics, 4G LTE, and driver assistance features for US and Canada.

✅ 4G LTE hotspot, live GPS tracking, and diagnostics

✅ Fleet telematics and management tools for operations

✅ Driver assistance: AEB, lane keeping, and collision warning

 

Ford is making an all-electric version of its popular Transit cargo van for the US and Canadian markets, slated to be released in 2021, aligning with Ford’s EV manufacturing plans to scale production across North America. The company did not share any specifics about the van’s battery pack size, estimated range, or performance characteristics. Ford previously announced an electric Transit for the European market in 2019.

The new cargo van will come equipped with a 4G LTE hotspot and will be outfitted with a number of tech features designed for fleet managers, like live GPS tracking and diagnostics, mirroring moves by Volvo’s electric trucks aimed at connected operations. The electric Transit van will also be equipped with a number of Ford’s safety and driver assistance features, like collision warning and assist, automatic emergency braking, pedestrian detection, and automatic lane-keeping.

Ford said it didn’t have any news to share about an electric version of its Transit passenger van “at this time,” even as the market reaches an EV inflection point for adoption.

Ford’s Transit van is the bestselling cargo van in the US, though it has seen increased competition over the last few years from Mercedes-Benz, which recently refreshed its popular Sprinter van, while others pursue electrified freight like Tesla’s electric truck plans that expand options.

Mercedes-Benz has already unveiled an electric version of the Sprinter, which comes in two configurations, targeting delivery networks where UPS’s Tesla Semi orders signal growing demand. There’s a version with a 55kWh battery pack that can travel 168 kilometers (104 miles) on a full charge, and has a payload capacity of 891 kilograms (1,964 pounds). Mercedes-Benz is making a version with a smaller 41kWh battery pack that goes 115 kilometers (72 miles), but which can carry up to 1,045 (2,304 pounds). Both versions come with 10.5 cubic meters (370.8 cubic feet) of storage space.

Mercedes-Benz also announced the EQV concept a year ago, which is an electric van aimed at slightly more everyday use, reflecting broader people-moving trends as electric bus adoption faces hurdles worldwide. The company touted more promising specs with the slightly smaller EQV, saying it will get around 249 miles out of a 100kWh battery pack. Oh, and it has 200 horsepower on offer and will be equipped with the company’s MBUX infotainment system.

Another player in the space is EV startup Rivian, which will build 100,000 electric delivery vans for Amazon over the next few years. Ford has invested $500 million in Rivian, and the startup is helping build a luxury electric SUV for the automotive giant’s Lincoln brand, though the two van projects don’t seem to be related, as Ford and others also boost gas-electric hybrid strategies in the US. Ford is also collaborating with Volkswagen on commercial vans after the two companies formed a global alliance early last year.

 

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Crossrail will generate electricity using the wind created by trains

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

 

Key Points

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

✅ Installed on London Crossrail to test airflow energy capture

✅ Flexible lamellae panels retrofit tunnels, bridges, facades

✅ Supports decentralized, resilient urban microgrids

 

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

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

 

The problem

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

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

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

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

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

 

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$1.6 Billion Battery Plant Charges Niagara Region for Electric Vehicle Future

Ontario EV Battery Separator Plant anchors Canada's EV supply chain, with Asahi Kasei producing lithium-ion battery separators in Niagara Region to support Honda's Alliston assembly, clean transportation growth, and sustainable manufacturing jobs.

 

Key Points

Asahi Kasei's Niagara Region plant makes lithium-ion battery separators supplying Honda's EV factory in Ontario.

✅ Starts up by 2027 to align with Honda EV output timeline.

✅ Backed by clean tech tax credits and public investment.

✅ Boosts local jobs, R&D, and clean transportation leadership.

 

The automotive industry is undergoing a seismic shift, and Canada is firmly planting its flag in the electric vehicle (EV) revolution, propelled by recent EV assembly deals across the country. A new $1.6 billion battery component plant in Ontario's Niagara Region signifies a significant step towards a cleaner, more sustainable transportation future. This Asahi Kasei facility, a key player in Honda's $15 billion electric vehicle supply chain investment, promises to create jobs, boost the local economy, and solidify Ontario's position as a leader in clean transportation technology.

Honda's ambitious project forms part of Honda's Ontario EV investment that involves constructing a dedicated battery plant adjacent to their existing Alliston, Ontario assembly facility. This new plant will focus on producing fully electric vehicles, requiring a robust supply chain for critical components. Asahi Kasei's Niagara Region plant enters the picture here, specializing in the production of battery separators – a thin film crucial for separating the positive and negative electrodes within a lithium-ion battery. These separators play a vital role in ensuring the battery functions safely and efficiently.

The Niagara Region plant is expected to be operational by 2 027, perfectly aligning with Honda's EV production timeline. This strategic partnership benefits both companies: Honda secures a reliable source for a vital component, while Asahi Kasei capitalizes on the burgeoning demand for EV parts. The project is a catalyst for economic growth in Ontario, creating jobs in construction and manufacturing, supporting an EV jobs boom province-wide, and potentially future research and development sectors. Additionally, it positions the province as a hub for clean transportation technology, attracting further investment and fostering innovation.

This announcement isn't an isolated event. News of Volkswagen constructing a separate EV battery plant in St. Thomas, Ontario, and the continuation of a major EV battery project near Montreal further underscore Canada's commitment to electric vehicles. These developments signify a clear shift in the country's automotive landscape, with a focus on sustainable solutions.

Government support has undoubtedly played a crucial role in attracting these investments. The Honda deal involves up to $5 billion in public funds. Asahi Kasei's Niagara Region plant is also expected to benefit from federal and provincial clean technology tax credits. This demonstrates a collaborative effort between government and industry, including investments by Canada and Quebec in battery assembly, to foster a thriving EV ecosystem in Canada.

The economic and environmental benefits of this project are undeniable. Battery production is expected to create thousands of jobs, while the shift towards electric vehicles will lead to reduced emissions and a cleaner environment. Ontario stands to gain significantly from this transition, becoming a leader in clean energy technology and attracting skilled workers and businesses catering to the EV sector, especially as the U.S. auto pivot to EVs accelerates across the border.

However, challenges remain. Concerns about the environmental impact of battery production, particularly the sourcing of raw materials and the potential for hazardous waste, need to be addressed. Additionally, ensuring a skilled workforce capable of handling the complexities of EV technology is paramount.

Despite these challenges, the future of electric vehicles in Canada appears bright. Major automakers are making significant investments, government support is growing, and consumer interest in EVs is on the rise. The Niagara Region plant serves as a tangible symbol of Canada's commitment to a cleaner and more sustainable transportation future. With careful planning and continued Canada-U.S. collaboration across the sector, this project has the potential to revolutionize the Canadian automotive industry and pave the way for a greener tomorrow.

 

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OEB issues decision on Hydro One's first combined T&D rates application

OEB Hydro One Rate Decision 2023-2027 sets approved transmission and distribution rates in Ontario, with a settlement reducing revenue requirement, modest bill impacts, higher productivity factors, inflation certainty, DVA credits, and First Nations participation measures.

 

Key Points

OEB-approved Hydro One 2023-2027 transmission and distribution rates settlement, lowering costs and limiting bill impacts.

✅ $482.7M revenue reductions vs. original proposal

✅ Avg bill impact: +$0.69 trans., +$2.43 distr. per month

✅ Faster DVA refunds; productivity and efficiency incentives

 

The Ontario Energy Board (OEB) issued its Decision and Order on an application filed by Hydro One Networks Inc. (Hydro One) on August 5, 2021 seeking approval for changes to the rates it charges for electricity transmission and distribution, beginning January 1, 2023 and for each subsequent year through to December 31, 2027. 

The proceeding resulted in the filing of a settlement proposal that the OEB has now approved after concluding that it is in the public interest. 

The negotiated reductions in Hydro One's transmission and distribution revenue requirements over the 2023 to 2027 period total $482.7 million compared to the requests made by Hydro One in its application.

The OEB found that the reductions in Hydro One's proposed capital expenditure and operating, maintenance and administration costs were reasonable, and should not compromise the safety and reliability of Hydro One's transmission and distribution systems. It also concluded that the estimated bill impacts for both transmission and distribution customers are reasonable, and that the January 1, 2023 implementation and effective date of the new rates is appropriate.

In the broader Canadian context, pressures on utility finances at other companies, such as Manitoba Hydro's debt provide additional background for stakeholders.

 

Bill Impacts

This proceeding related to both transmission and distribution operations.

 

Transmission

The new transmission revenue requirement will affect Ontario electricity consumers across the province because it will be incorporated into updated transmission rates, which are paid by electricity distributors and other large consumers connected directly to the transmission system, and distributors then pass this cost on to their customers.

As a result of the settlement approved on the transmission portion of the application, it is estimated that for a typical Hydro One residential customer with a monthly consumption of 750 kWh, the total bill impact averaged over the 2023-2027 period will be an increase of $0.69 per month or 0.5%, which follows the 2021 electricity rate reductions that affected many businesses.

 

Distribution

The new OEB-approved distribution rates will affect Hydro One's distribution customers, including areas served through acquisitions such as the Peterborough Distribution sale which expanded its customer base.

As a result of the settlement reached on the distribution portion of the application, it is estimated that for a typical residential distribution customer of Hydro One with a monthly consumption of 750 kWh, the total bill impact averaged over the 2023-2027 period will be an increase of $2.43 per month or 1.5%.
This proceeding included 24 approved intervenors representing a wide variety of customer classes and other interests. Representatives of 18 of those intervenors participated in the settlement conference. Having this diversity of perspective enriches the already thorough examination of evidence and argument that the OEB routinely undertakes when considering an application.

Other features of the settlement proposal include:

  • A commitment by Hydro One to include, in future operational and capital investment plans, a discussion of how the proposed spending will directly support the achievement of Hydro One's climate change policy.
  • Eliminating further updates to reflect changes to inflation in 2022 and 2023 as originally proposed, to provide Hydro One's customers with greater certainty as to the potential impacts of inflation on their bills.
  • Increases in the productivity factors and supplemental stretch factors for both the distribution and transmission business segments which will provide Hydro One with additional incentives to achieve greater efficiencies during the 2023 to 2027 period.
  • Undertaking certain measures to seek economic participation or equity investment opportunities from First Nations.
  • Disposition of net credit balances in deferral and variance accounts (DVAs) owed to customers will be returned over a shorter period of time:
  • Transmission DVA – $22.5M over a one-year period in 2023 (versus five years)
  • Distribution DVA – $85.9M over a three-year period – 2023-2025 (versus five years)
  • Undertaking certain measures to continue examining cost-effective transmission and distribution line losses
  • In the decision, the OEB acknowledged the efforts involved by parties to participate in this entire proceeding, including the settlement conference, considering the number of participants, the complexity of the issues, and the challenging logistics of a "virtual" proceeding. The OEB commended the parties and OEB staff for achieving a comprehensive settlement on all issues.

 

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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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