FERC's New Market-Based Rate Reforms Prevent Exercise Of Market Power

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The Federal Energy Regulatory Commission recently finalized a series of fundamental reforms to its market-based rate program that will strengthen competitive markets and protect consumers by reinforcing regulations for just and reasonable wholesale electric power sales.

The reforms are intended to protect consumers from an electric power sellerÂ’s exercise of market power.

“This new rule reflects the Commission’s fundamental responsibilities to strengthen wholesale power markets and protect consumers from exploitation in those markets,” Chairman Joseph T. Kelliher said. “These reforms reform and codify our existing standards to help protect customers and provide greater certainty to sellers seeking market-based rate authority.”

The new rule has five major elements:

• It collapses the Commission’s four-prong analysis for determining whether a wholesale seller of electric energy, capacity or ancillary services qualifies for market-based rate authority into a two-part test covering horizontal (generation) and vertical (transmission and other barriers to market entry) market power. Restrictions on affiliate abuse will be codified in regulations and must be satisfied as a condition of obtaining and retaining market-based rate authority.

• It eliminates what is known as the section 35.27 exemption for all generation built after July 9, 1996. The Commission was concerned that retaining the exemption could allow a seller to gain a dominant position in the market without being subject to any generation market power analysis. All sellers seeking market-based rate authority, or filing updated market power analyses, on or after the effective date of the rule must provide a horizontal market power analysis for the generation they own or control, including generation built after July 1996.

• It allows a seller to use the entire RTO/ISO geographic footprint as the default relevant geographic market if the RTO/ISO has sufficient market structure and a single energy market. But if the Commission determines there is a submarket within an RTO/ISO, the submarket becomes the default relevant geographic market.

• For sellers that do not demonstrate a lack of market power, it provides that the Commission will determine appropriate mitigation on a case-specific basis, including whether a “must offer” requirement is necessary to mitigate market power.

• Finally, it allows mitigated sellers to make market-based rate sales “to the border” if that seller commits that the power will leave home and not ricochet through an affiliate. The rule imposes a record retention requirement on mitigated sellers making such sales and required tariff language to allow for such sales.

The final rule divides market-based rate sellers into two categories for purposes of filing regularly scheduled updated market power analyses. Generally, Category 1 is for wholesale power marketers and power producers that own or control 500 MW or less of generation in aggregate per region, do not own other than minimal transmission facilities, and are not affiliated with any franchised utility in the region. They are exempt from filing updated market power analyses. Category 2 is for all other power sellers. They must continue filing their triennial studies under a new regional approach that separates the country into six geographic regions. Companies in two regions would file their studies with the Commission in any given year. Both Category 1 and 2 sellers must continue to file change in status reports.

The final rule does not adopt a proposal for a standardized market-based rate tariff, or require all sellers in a corporate family to be under the same tariff. Instead, the final rule outlines specific provisions that all sellers must have in their tariffs.

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Quebec shatters record for electricity consumption once again

Hydro Quebec Power Consumption Record surges amid extreme cold, peak demand, and grid stress, as Hydro-Quebec urges energy conservation, load management, and reduced heating during morning and evening peaks across Montreal and southern Quebec.

 

Key Points

Quebec's grid hit 40,300 MW during an extreme cold snap, setting a new record and prompting conservation appeals.

✅ Lower thermostats 1-2 C in unused rooms during peak hours

✅ Delay dishwashers, dryers, and hot water use to off-peak

✅ Peak windows: 6-9 a.m. and 4-8 p.m.; import power if needed

 

Hydro Quebec says it has once again set a new record for power consumption, echoing record-breaking demand in B.C. in 2021 as extreme cold grips much of the province.

An extreme cold warning has been in effect across southern Quebec since Friday morning, straining the system, just as Calgary's electricity use soared during a frigid February, as Quebecers juggle staying warm and working from home.

Hydro Québec recorded consumption levels reaching 40,300 megawatts as of 8 a.m. Friday, breaking a previous record of 39,000 MW (with B.C. electricity demand hit an all-time high during a similar cold snap) that was broken during another cold snap on Jan 11. 

The publicly owned utility is now asking Quebecers to reduce their electricity consumption as much as possible today and tomorrow, a move consistent with clean electricity goals under federal climate pledges, predicting earlier in the morning the province would again reach an all-time high.

Reducing heating by just one or two degrees, especially in rooms that aren't being used, is one step that people can take to limit their consumption. They can also avoid using large appliances like the dishwasher and clothing dryer as often, and shortening the use of hot water. 

"They're small actions, but across millions of clients, it makes a difference," said Cendrix Bouchard, a spokesperson with Hydro Québec, while speaking with Tout un matin.

"We understand that asking this may pose challenges for some who are home throughout the day because they are working remotely, but if people are able to contribute, we appreciate it."

The best time to try and limit electricity usage is in the morning and evening, when electricity usage tends to peak, Bouchard said.

The province can import electricity from other regions if Quebec's system reaches its limits, even as the utility pursues selling to the United States as part of its long-term strategy, he added.

Temperatures dropped to –24 C in Montreal at 7 a.m., with a wind chill of –29 C. 

It will get colder across the south of the province through the evening and wind chills are expected to make it feel as cold as – 40 until Saturday morning, Environment Canada warned.

Those spending time outdoors are at a higher risk of frostbite and hypothermia.

"Frostbite can develop within minutes on exposed skin, especially with wind chill," Environment Canada said.

Conserving energy
Hydro-Québec has signed up 160,000 clients to a flexible billing plan similar to BC Hydro's winter payment plan that allows them to pay less for energy — as long as they use it during non-peak periods.

Quebec's energy regulator, the Régie de l'énergie, also forces crypto-currency mining operations to shut down for some hours  on peak-demand days, a topic where BC Hydro's approach to crypto mining has also drawn attention, Bouchard said.

Hydro-Québec says the highest consumption periods are usually between 6 a.m.-9 a.m. and 4 p.m.-8 p.m.

 

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Pickering nuclear station is closing as planned, despite calls for refurbishment

Ontario Pickering Nuclear Closure will shift supply to natural gas, raising emissions as the electricity grid manages nuclear refurbishment, IESO planning, clean power imports, and new wind, solar, and storage to support electrification.

 

Key Points

Ontario will close Pickering and rely on natural gas, increasing emissions while other nuclear units are refurbished.

✅ 14% of Ontario electricity supplied by Pickering now

✅ Natural gas use rises; grid emissions projected up 375%

✅ IESO warns gas phaseout by 2030 risks blackouts, costs

 

The Ontario government will not reconsider plans to close the Pickering nuclear station and instead stop-gap the consequent electricity shortfall with natural gas-generated power in a move that will, as an analysis of Ontario's grid shows, hike the province’s greenhouse gas emissions substantially in the coming years.

In a report released this week, a nuclear advocacy group urged Ontario to refurbish the aging facility east of Toronto, which is set to be shuttered in phases in 2024 and 2025, prompting debate over a clean energy plan after Pickering as the closure nears. The closure of Pickering, which provides 14 per cent of the province’s annual electricity supply, comes at the same time as Ontario’s other two nuclear stations are undergoing refurbishment and operating at reduced capacity.

Canadians for Nuclear Energy, which is largely funded by power workers' unions, argued closing the 50-year-old facility will result in job losses, emissions increases, heightened reliance on imported natural gas and an electricity supply gap across Ontario.

But Palmer Lockridge, spokesperson for the provincial energy minister, said further extending Pickering’s lifespan isn’t on the table.

“As previously announced in 2020, our government is supporting Ontario Power Generation’s plan to safely extend the life of the Pickering Nuclear Generating Station through the end of 2025,” said Lockridge in an emailed response to questions.

“Going forward, we are ensuring a reliable, affordable and clean electricity system for decades to come. That’s why we put a plan in place that ensures we are prepared for the emerging energy needs following the closure of Pickering, and as a result of our government’s success in growing and electrifying the province’s economy.”

The Progressive Conservative government under Premier Doug Ford has invested heavily in electrification, sinking billions into electric vehicle and battery manufacturing and industries like steel-making to retool plants to run on electricity rather than coal, and exploring new large-scale nuclear plants to bolster baseload supply.

Natural gas now provides about seven per cent of the province’s energy, a piece of the pie that will rise significantly as nuclear energy dwindles. Emissions from Ontario’s electricity grid, which is currently one of the world’s cleanest with 94 per cent zero-emission power generation, are projected to rise a whopping 375 per cent as the province turns increasingly to natural gas generation. Those increases will effectively undo a third of the hard-won emissions reductions the province achieved by phasing out coal-fired power generation.

The Independent Electricity System Operator (IESO), which manages Ontario’s grid, studied whether the province could phase out natural gas generation by 2030 and concluded that “would result in blackouts and hinder electrification” and increase average residential electricity costs by $100 per month.

The Ontario Clean Air Alliance, however, obtained draft documents from the electricity operator that showed it had studied, but not released publicly, other scenarios that involved phasing out natural gas without energy shortfalls, price hikes or increases in emissions.

The Ontario government will not reconsider plans to close the Pickering nuclear station and instead stop-gap the consequent electricity shortfall facing Ontario with natural gas-generated power in a move that will hike the province’s greenhouse gas emissions.

One model suggested increasing carbon taxes and imports of clean energy from other provinces could keep blackouts, costs and emissions at bay, while another involved increasing energy efficiency, wind generation and storage.

“By banning gas-fired electricity exports to the U.S., importing all the Quebec water power we can with the existing transmission lines and investing in energy efficiency and wind and solar and storage — do all those things and you can phase out gas-fired power and lower our bills,” said Jack Gibbons, chair of the Ontario Clean Air Alliance.

The IESO has argued in response that the study of those scenarios was not complete and did not include many of the challenges associated with phasing out natural gas plants.

Ontario Energy Minister Todd Smith asked the IESO to develop “an achievable pathway to zero-emissions in the electricity sector and evaluate a moratorium on new-build natural gas generation stations,” said his spokesperson. That report, an early look at halting gas power, is expected in November.

 

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Denmark's climate-friendly electricity record is incinerated

Denmark Renewable Energy Outlook assesses Eurostat ranking, district heating and trash incineration, EV adoption, wind turbine testing expansions, and electrification to cut CO2, aligning policies with EU 2050 climate goals and green electricity usage.

 

Key Points

A brief analysis of Denmark's green power use, electrification, EVs, and policies needed to meet EU 2050 CO2 goals.

✅ Eurostat rank low due to trash incineration in district heating.

✅ EV adoption stalled after tax reinstatement, slowing electrification.

✅ Wind test centers expanded; electrification could cut 95% CO2.

 

Denmark’s low ranking in the latest figures from Eurostat regarding climate-friendly electricity, which places the country in 32nd place out of 40 countries, is partly a result of the country’s reliance on the incineration of trash to warm our homes via long-established district heating systems.

Additionally, there are not enough electric vehicles – a recent increase in sales was halted in 2016 when the government started to phase back registration taxes scrapped in 2008, and Europe’s EV slump underscores how fragile momentum can be.

 

Not enough green electricity being used

Denmark is good at producing green electricity, reports Politiken, but it does not use enough, and amid electricity price volatility in Europe this is bad news if it wants to fulfil the EU’s 2050 goal to eliminate CO2 emissions.

 

A recent report by Eurelectric and McKinsey demonstrates that if heating, transport and industry were electrified, reflecting a broader European push for electrification across the energy system, 95 percent of the country’s CO2 emissions could be eliminated by that date.

 

Wind turbine testing centre expansion approved

Parliament has approved the expansion of two wind turbine centres in northwest Jutland, supporting integration as e-mobility drives electricity demand in the coming years. The centres in Østerild and Høvsøre will have the capacity to test nine and seven turbines, measuring 330 and 200 metres in size (up from 250 and 165) respectively. The Østerild expansion should be completed in 2019, while Høvsøre ​​will have to wait a little longer.

 

Third on the Environmental Performance Index

Denmark finished third on the latest Environmental Performance Index, finishing only behind Switzerland and France. Its best category ranking was third for Environmental Health, and comparative energy efficiency benchmarking can help contextualize progress. Elsewhere, it ranked 11th for Ecosystem Vitality, 18th for Biodiversity and Habitat, 94th for Forests, 87th for Fisheries, 25th for Climate and Energy and 37th for Air Pollution, 14th for Water Resources and 7th for Agriculture.

 

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Minnesota Power energizes Great Northern Transmission Line

Great Northern Transmission Line delivers 250 MW of carbon-free hydropower from Manitoba Hydro, strengthening Midwest grid reliability, enabling wind storage balancing, and advancing Minnesota Power's EnergyForward strategy for cleaner, renewable energy across the region.

 

Key Points

A 500 kV cross-border line delivering 250 MW of carbon-free hydropower, strengthening reliability and enabling renewables.

✅ 500 kV, 224-mile line from Manitoba to Minnesota

✅ Delivers 250 MW hydropower via ALLETE-Minnesota Power

✅ Enables wind storage and grid balancing with Manitoba Hydro

 

Minnesota Power, a utility division of ALLETE Inc. (NYSE:ALE), has energized its Great Northern Transmission Line, bringing online an innovative delivery and storage system for renewable energy that spans two states and one Canadian province, similar to the Maritime Link project in Atlantic Canada.

The 500 kV line is now delivering 250 megawatts of carbon-free hydropower from Manitoba, Canada, to Minnesota Power customers.

Minnesota Power completed the Great Northern Transmission Line (GNTL) in February 2020, ahead of schedule and under budget. The 224-mile line runs from the Canadian border in Roseau County to a substation near Grand Rapids, Minnesota. It consists of 800 tower structures which were fabricated in the United States and used 10,000 tons of North American steel. About 2,200 miles of wire were required to install the line's conductors. The GNTL also is contributing significant property tax revenue to local communities along the route.

"This is such an incredible achievement for Minnesota Power, ALLETE, and our region, and is the culmination of a decade-long vision brought to life by our talented and dedicated employees," said ALLETE President and CEO Bethany Owen. "The GNTL will help Minnesota Power to provide our customers with 50 percent renewable energy less than a year from now. As part of our EnergyForward strategy, it also strengthens the grid across the Midwest and in Canada, enhancing reliability for all of our customers."

With the GNTL energized and connected to Manitoba Hydro's recently completed Manitoba-Minnesota Transmission Project at the border, the companies now have a unique "wind storage" mechanism that quickly balances energy supply and demand in Minnesota and Manitoba, and enables a larger role for renewables in the North American energy grid.

The GNTL and its delivery of carbon-free hydropower are important components of Minnesota Power's EnergyForward strategy to transition away from coal and add renewable power sources while maintaining reliable and affordable service for customers, echoing interties like the Maritime Link that facilitate regional power flows. It also is part of a broader ALLETE strategy to advance and invest in critical regional transmission and distribution infrastructure, such as the TransWest Express transmission project, to ensure grid integrity and enable cleaner energy to reduce carbon emissions.

"The seed for this renewable energy initiative was planted in 2008 when Minnesota Power proposed purchasing 250 megawatts of hydropower from Manitoba Hydro. Beyond the transmission line, it also included a creative asset swap to move wind power from North Dakota to Minnesota, innovative power purchase agreements, and a remarkable advocacy process to find an acceptable route for the GNTL," said ALLETE Executive Chairman Al Hodnik. "It marries wind and water in a unique connection that will help transform the energy landscape of North America and reduce carbon emissions related to the existential threat of climate change."

Minnesota Power and Manitoba Hydro, a provincial Crown Corporation, coordinated on the project from the beginning, navigating National Energy Board reviews along the way. It is based on the companies' shared values of integrity, environmental stewardship and community engagement.

"The completion of Minnesota Power's Great Northern Transmission Line and our Manitoba-Minnesota Transmission Project is a testament to the creativity, perseverance, cooperation and skills of hundreds of people over so many years on both sides of the border," said Jay Grewal, president and CEO of Manitoba Hydro. "Perhaps even more importantly, it is a testament to the wonderful, longstanding relationship between our two companies and two countries. It shows just how much we can accomplish when we all work together toward a common goal."

Minnesota Power engaged federal, state and local agencies; the sovereign Red Lake Nation and other tribes, reflecting First Nations involvement in major transmission planning; and landowners along the proposed routes beginning in 2012. Through 75 voluntary meetings and other outreach forums, a preferred route was selected with strong support from stakeholders that was approved by the Minnesota Public Utilities Commission in April 2016.

A four-year state and federal regulatory process culminated in late 2016 when the federal Department of Energy approved a Presidential Permit for the GNTL, similar to the New England Clean Power Link process, needed because of the international border crossing. Construction of the line began in early 2017.

"A robust stakeholder process is essential to the success of any project, but especially when building a project of this scope," Owen said. "We appreciated the early engagement and support from stakeholders, local communities and tribes, agencies and regulators through the many approval milestones to the completion of the GNTL."

 

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China aims to reduce coal power production

China Coal-Fired Power Consolidation targets capacity cuts through mergers, SASAC-led restructuring, debt reduction, asset optimization, and retiring inefficient plants across state-owned utilities to improve efficiency, stabilize liabilities, and align with energy transition policies.

 

Key Points

A SASAC-driven plan merging utility assets to cut coal capacity, reduce debt, and retire outdated, loss-making plants.

✅ Merge five central utilities' coal assets to streamline operations

✅ Target 25-33% capacity cuts and >50% loss reduction by 2021

✅ Prioritize debt-ridden regions: Gansu, Shaanxi, Xinjiang, Qinghai, Ningxia

 

China plans to slash coal-fired power capacity at its five biggest utilities by as much as a third in two years by merging their assets, amid broader power-sector strains that reverberate globally, according to a document seen by Reuters and four sources with knowledge of the matter.

The move to shed older and less-efficient capacity is being driven by pressure to cut heavy debt levels at the utilities. China, is, however, building more coal-fired power plants and approving dozens of new mines to bolster a slowing economy, even as recent power cuts highlight grid imbalances.

The five utilities, which are controlled by the central government, accounted for around 44% of China’s total coal-fired power capacity at the end of 2018, a share likely to be tested by rising electrification goals, with electricity to meet 60% by 2060 according to industry forecasts.

“(The utilities) will strive to reduce coal-fired power capacity by one quarter to one third ...cutting total losses by more than 50% from the current level to achieve a significant decline in debt-to-asset ratios by the end of 2021,” the document said.

The plan, initiated and overseen by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC), follows heavy losses at some of the utilities, amid a pandemic-era demand drop that hit industrial consumption.

Some of their coal-fired power stations have filed for bankruptcy in recent years as Beijing promotes the use of renewable energy and advances its nuclear program while opening up the state-controlled power market.

The SASAC did not immediately respond to a fax seeking comment and the sources declined to be identified as they were not authorised to speak to the media.

The utilities - China Huaneng Group Co, China Datang Corp, China Huadian Corp, State Power Investment Corp and China Energy Group - did not respond to faxes requesting comment.

Together, they had 474 coal-fired power plants with combined power generation capacity of 520 gigawatts (GW) at the end of last year.

Their coal-fired power assets came to 1.5 trillion yuan ($213 billion) while total coal-fired power liabilities were 1.1 trillion yuan, the document said.

The document was seen by two people at two of the utilities and was also verified by a source at SASAC and a government researcher.

It was not clear when the document was published but it said the merging and elimination of outdated capacity would start from 2019 and be achieved within three years, aiming to improve the efficiency and operations at the companies, reflecting a broader electricity sector mystery that policymakers are trying to resolve.

Utilities with debt-ridden operations in the northwestern regions of Gansu, Shaanxi, Xinjiang, Qinghai and Ningxia would be the first to carry out the plan, it said, even as India ration coal supplies during demand surges.

The government researcher said the SASAC has been researching possible consolidation in the coal-fired power sector since 2017, but added: “It’s easier said than done.”

“No one is willing to hand in their high quality assets and there is no point in merging the bad assets,” the government researcher said.

 

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PG&E pleads guilty to 85 counts in 2018 Camp Fire

PG&E Camp Fire Guilty Plea underscores involuntary manslaughter charges as the utility admits sparking Paradise's wildfire; Butte County prosecution, CAL FIRE findings, bankruptcy oversight, victim compensation trust, and safety reforms shape accountability.

 

Key Points

The legal admission by PG&E to 84 involuntary manslaughter counts and unlawfully starting the 2018 Camp Fire.

✅ 84 involuntary manslaughter counts; unlawful ignition admitted.

✅ $3,486,950 fine, $500,000 DA costs; no prison terms.

✅ $13.5B victim trust, Paradise and Butte County payments.

 

California utility Pacific Gas and Electric Company pleaded guilty Tuesday to 84 counts of involuntary manslaughter and one count of unlawfully starting the Camp Fire, the deadliest blaze in the state's history.

Butte County District Attorney Michael L. Ramsey said the "historic moment" should be a signal that corporations will be held responsible for "recklessly endangering" lives.
The 84 people "did not need to die," Ramsey said. He said the deaths were "of the most unimaginable horror, being burned to death."

Before sentencing, survivors will testify Wednesday about the losses of their loved ones, and many have pursued lawsuits against the utility seeking accountability.

No individuals will be sent to prison, Ramsey said.

"This is the first time that PG&E or any major utility has been charged with homicide as the result of a reckless fire. It killed a town," Ramsey said, referring to Paradise, which was annihilated by the blaze.
According to court documents filed in March, the company will be fined "no more than $3,486,950," and it must reimburse the Butte County District Attorney's Office $500,000 for the costs of its investigation into the blaze, and under separate oversight a federal judge ordered dividends to be directed to wildfire risk reduction to prioritize safety.

Among other provisions, PG&E must establish a trust, compensating victims of the 2018 Camp Fire and other wildfires to the tune of $13.5 billion as part of its bankruptcy plan, according to the plea agreement included in a regulatory filing.
It has to pay hundreds of millions to the town of Paradise and Butte County and cooperate with prosecutors' investigation, the plea deal says.
PG&E also waived its right to appeal.

"I have heard the pain and the anguish of victims as they've described the loss they continue to endure, and the wounds that can't be healed," PG&E Corporation CEO and President Bill Johnson said after the plea. "No words from me could ever reduce the magnitude of such devastation or do anything to repair the damage. But I hope that the actions we are taking here today will help bring some measure of peace, including aid through a Wildfire Assistance Program the company announced."

Johnson was in court Tuesday, where Butte County Superior Court Judge Michael Deems read the names of each victim as their photos were shown on a screen, CNN affiliate KTLA reported.
Johnson said the utility would never put profits ahead of safety again. He told the judge that PG&E took responsibility for the devastation "with eyes wide open to what happened and to what must never happen again," KTLA reported.

In March, the utility and the state agreed to bankruptcy terms, which included an overhaul of PG&E's board selection process, financial structure and oversight, with rates expected to stabilize in 2025 as reforms take hold.
According to investigators with the California Department of Forestry and Fire Protection, PG&E was responsible for the devastating Camp Fire.

Electrical lines owned and operated by PG&E started the fire November 8, 2018, CAL Fire said in a news release, after the company acknowledged its power lines may have started two fires that day.

"The tinder dry vegetation and Red Flag conditions consisting of strong winds, low humidity and warm temperatures promoted this fire and caused extreme rates of spread," CAL Fire said.
PG&E had previously said it was "probable" that its equipment started the Camp Fire but that it wasn't conclusive whether its lines ignited a second fire, as CAL Fire alleged.
The power company filed for bankruptcy in January 2019 as it came under pressure from billions of dollars in claims tied to deadly wildfires, and other utilities such as Southern California Edison have faced similar lawsuits.

 

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