Germany, France prevent breakup of energy giants

By International Herald Tribune


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EU governments struck a compromise which they said will liberalize Europe's energy markets without forcing large gas and electricity companies in Germany and France to sell off their distribution arms.

At an EU environment ministers meeting, France and Germany successfully resisted a push for a complete sell-off of energy companies' power grids and gas pipelines to ease their grip of the supply chain. They disliked only slightly less an alternative whereby energy giants put their infrastructure under tight, independent supervision.

In a compromise, the energy ministers adopted both models, agreeing an independent review in 2010 must show which liberalizes the EU's gas and electricity markets best.

The compromise rescued a broad EU energy package designed to secure affordable supplies of energy at a time when global demand, especially for oil and gas, is driving up prices to record high levels, said Slovenian Energy Minister Andrej Vizjak, the meeting's chairman.

The aim is to make access to energy networks easier for everyone, notably companies that do not have their own power grids or pipeline networks. The measure follows 2003 legislation that enabled EU consumers to choose their own providers.

EU's electricity and gas markets — valued at about 340 billion euros (US$499 billion) — remain fragmented by national borders.

France and Germany led a small camp of nations that includes Austria, Luxembourg, Bulgaria and Slovakia in opposing the carve up of energy companies. Britain, the Netherlands, Denmark, Sweden, Finland and Spain strongly favored the other option.

Officials said they hope the bill will be adopted before the end of the year by the European Parliament.

Crucially, it contains a 'Gazprom' clause, which France and Germany had wanted out, that will let EU companies only do business with non-EU firms — such as the Russian state-owned gas giant — if the latter's home countries do not restrict access to EU energy companies.

Europe has consistently asked Russia to allow European firms wider access to the Russian market.

The EU gets a quarter of its gas from Gazprom, a level that is set to rise significantly in the years ahead. German, French and Italian gas companies have signed long-term delivery contracts with Gazprom.

EU antitrust regulators last year said Europeans pay too much to greedy energy companies that control the market and are not putting enough of their profits in making much-needed improvements to the region's energy networks.

They concluded that stripping power grids and gas pipelines was the best way to secure market liberalization.

At the meeting, German Energy Minister Michael Glos said: "The issue of ownership is extremely important in Germany.

"We do not want things determined by the European Union," he told his EU colleagues at the meeting that was partly shown on the Web.

Around half of the EU's 27 member states have already taken major steps to liberalize energy markets by allowing energy suppliers to use existing networks.

To get German and France on board, the European Commission and Slovenia drafted an alternative that lets energy companies keep their grids and pipelines provided they are managed by an "independent transmission operator" under outside supervision and with credible long-term investment plans of their own.

These companies could be fined if they did not break ties with their parent company and could not allow managers to float from one firm to the other.

The EU nations "had to compromise. No one won 100 percent," said British Energy Minister Malcolm Wicks. He hailed the compromise saying "European companies and citizens expect us to move ahead" in energy liberalization to bring the cost of energy down.

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Energy authority clears TEPCO to restart Niigata nuclear plant

TEPCO Kashiwazaki-Kariwa restart plan clears NRA fitness review, anchored by a seven-point safety code, Niigata consent, Fukushima lessons, seismic risk analysis, and upgrades to No. 6 and No. 7 reactors, each rated 1.35 GW.

 

Key Points

TEPCO's plan to restart Kashiwazaki-Kariwa under NRA rules, pending Niigata consent and upgrades to Units 6 and 7.

✅ NRA deems TEPCO fit; legally binding seven-point safety code

✅ Local consent required: Niigata review of evacuation and health impacts

✅ Initial focus on Units 6 and 7; 1.35 GW each, seismic upgrades

 

Tokyo Electric Power Co. cleared a major regulatory hurdle toward restarting a nuclear power plant in Niigata Prefecture, but the utility’s bid to resume its operations still hangs in the balance of a series of political approvals.

The government’s nuclear watchdog concluded Sept. 23 that the utility is fit to operate the plant, based on new legally binding safety rules TEPCO drafted and pledged to follow, even as nuclear projects worldwide mark milestones across different regulatory environments today. If TEPCO is found to be in breach of those regulations, it could be ordered to halt the plant’s operations.

The Nuclear Regulation Authority’s green light now shifts the focus over to whether local governments will agree in the coming months to restart the Kashiwazaki-Kariwa plant.

TEPCO is keen to get the plant back up and running. It has been financially reeling from the closure of its nuclear plants in Fukushima Prefecture following the triple meltdown at the Fukushima No. 1 nuclear plant in 2011 triggered by the earthquake and tsunami disaster.

In parallel, Japan is investing in clean energy innovations such as a large hydrogen system being developed by Toshiba, Tohoku Electric Power and Iwatani.

The company plans to bring the No. 6 and No. 7 reactors back online at the Kashiwazaki-Kariwa nuclear complex, which is among the world’s largest nuclear plants, amid China’s nuclear energy continuing on a steady development track in the region.

The two reactors each boast 1.35 gigawatts in output capacity, while Kenya’s nuclear plant aims to power industry as part of that country’s expansion. They are the newest of the seven reactors there, first put into service between 1996 and 1997.

TEPCO has not revealed specific plans yet on what to do with the older five reactors.

In 2017, the NRA cleared the No. 6 and No. 7 reactors under the tougher new reactor regulations established in 2013 in response to the Fukushima nuclear disaster, while jurisdictions such as Ontario support continued operation at Pickering under strict oversight.

It also closely scrutinized the operator’s ability to run the Niigata Prefecture plant safely, given its history as the entity responsible for the nation’s most serious nuclear accident.

After several rounds of meetings with top TEPCO managers, the NRA managed to hold the utility’s feet to the fire enough to make it pledge, in writing, to abide by a new seven-point safety code for the Kashiwazaki-Kariwa plant.

The creation of the new code, which is legally binding, is meant to hold the company accountable for safety measures at the facility.

“As the top executive, the president of TEPCO will take responsibility for the safety of nuclear power,” one of the points reads. “TEPCO will not put the facility’s economic performance above its safety,” reads another.

The company promised to abide by the points set out in writing during the NRA’s examination of its safety regulations.

TEPCO also vowed to set up a system where the president is directly briefed on risks to the nuclear complex, including the likelihood of earthquakes more powerful than what the plant is designed to withstand. It must also draft safeguard measures to deal with those kinds of earthquakes and confirm whether precautionary steps are in place.

The utility additionally pledged to promptly release public records on the decision-making process concerning crucial matters related to nuclear safety, and to preserve the documents until the facility is decommissioned.

TEPCO plans to complete its work to reinforce the safety of the No. 7 reactor in December. It has not set a definite deadline for similar work for the No. 6 reactor.

To restart the Kashiwazki-Kariwa plant, TEPCO needs to obtain consent from local governments, including the Niigata prefectural government.

The prefectural government is studying the plant’s safety through a panel of experts, which is reviewing whether evacuation plans are adequate as off-limits areas reopen and the health impact on residents from the Fukushima nuclear disaster.

Niigata Governor Hideyo Hanazumi said he will not decide on the restart until the panel completes its review.

The nuclear complex suffered damage, including from fire at an electric transformer, when an earthquake it deemed able to withstand hit in 2007.

 

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Europeans push back from Russian oil and gas

EU Renewable Energy Transition is accelerating under REPowerEU, as wind and solar generation hit records, improving energy security, efficiency, and decarbonization while reducing reliance on Russian fossil fuels across the EU grid.

 

Key Points

EU shift to wind and solar under REPowerEU to cut fossil fuels, boost efficiency, and secure energy supply.

✅ Wind and solar set record 22% of EU electricity in 2022

✅ REPowerEU targets over 40% renewables and 15% lower demand by 2030

✅ Diversifies away from Russian fuels; partners with US and Norway

 

Europe is producing all-time highs of wind and solar energy as the 27-country group works to reduce its reliance on fossil fuels from Russia, a shift underscored by Europe's green surge across the bloc.

Four months after Vladimir Putin’s full-scale invasion of Ukraine in February 2022, the European Commission launched REPowerEU. This campaign aims to:

  • Boost the use of renewable energy.
  • Reduce overall energy consumption.
  • Diversify energy sources.

EU countries were already moving toward renewable energy, but Russia’s war against Ukraine accelerated that trend. In 2022, for the first time, renewables surpassed fossil fuels and wind and solar power surpassed gas as a source of electricity. Wind and solar provided a record-breaking 22% of EU countries’ electrical supply, according to London-based energy think tank Ember.

“We have to double down on investments in home-grown renewables,” European Commission President Ursula von der Leyen said in October 2022. “Not only for the climate but also because the transition to the clean energy is the best way to gain independence and to have security of energy supply.”

Across the continent, growth in solar generation rose by 25% in 2022, according to Ember, as solar reshapes electricity prices in Northern Europe. Twenty EU countries produced their highest share of solar power in 2022. In October, Greece ran entirely on renewables for several hours and is seven years ahead of schedule for its 2030 solar capacity target.

Meanwhile, Ireland's green electricity target aims to make more than a third of its power supply renewable within four years.

By 2030, RePowerEU aims to provide more than 40% of the EU’s total power from renewables, aligning with global renewable records being shattered worldwide.

To meet the European Commission’s goal to cut EU energy usage by 15%, people and governments changed their habits and became more energy-efficient, while Germany's solar power boost helped bolster supply. Among their actions:

  • Germany turned down the heat in public buildings and lowered the cost of train tickets to reduce car usage, as clean energy hit 50% in Germany during this period.
  • Spain ordered stores and public buildings to turn off their lights at night.
  • France dimmed the Eiffel Tower and reduced city speed limits.

For the oil and gas that the EU still needed to import, countries turned to partners such as Norway and the United States.

 

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France nuclear power stations to limit energy output due to high river temps

France Nuclear Heatwave Restrictions signal reduced nuclear power along the Rhone River as EDF imposes output limits due to high water temperatures, grid needs, with minimal price impact amid strong solar and exports.

 

Key Points

Temporary EDF output limits at Rhone River reactors due to hot water, protecting ecosystems and grid reliability.

✅ EDF expects halved output at Bugey and Saint Alban.

✅ Cuts align with water temperature and discharge rules.

✅ Weekend midday curtailments offset by solar supply.

 

The high temperature warning has come early this year but will affect fewer nuclear power plants. High temperatures could halve nuclear power production, with river temperature limits at plants along France's Rhone River this week. 

Output restrictions are expected at two nuclear plants in eastern France due to high temperature forecasts, nuclear operator EDF said. It comes several days ahead of a similar warning that was made last year but will affect fewer plants, and follows a period when power demand has held firm during lockdowns across Europe.

The hot weather is likely to halve the available power supply from the 3.6 GW Bugey plant from 13 July and the 2.6 GW Saint Alban plant from 16 July, the operator said.

However, production will be at least 1.8 GW at Bugey and 1.3 GW at Saint Alban to meet grid requirements, and may change according to grid needs, the operator said.

Kpler analyst Emeric de Vigan said the restrictions were likely to have little effect on output in practice. Cuts are likely only at the weekend or midday when solar output was at its peak so the impact on power prices would be slim.

He said the situation would need monitoring in the coming weeks, however, noting it was unusually early in the summer for nuclear-powered France to see such restrictions imposed.

Water temperatures at the Bugey plant already eclipsed the initial threshold for restrictions on 9 July, as European power hits records during the heatwave. They are currently forecast to peak next week and then drop again, Refinitiv data showed.

"France is currently net exporting large amounts of power – and, despite a nuclear power dispute with Germany, single nuclear units' supply restrictions will not have the same effect as last year," Refinitiv analyst Nathalie Gerl said.

The Garonne River in southern France has the highest potential for critical levels of warming, but its Golfech plant is currently offline for maintenance until mid-August, as Europe faces nuclear losses, the data showed.

"(The restrictions were) to be expected and it will probably occur more often," Greenpeace campaigner Roger Spautz said.

"The authorities must stick to existing regulations for water discharges. Otherwise, the ecosystems will be even more affected," he added.

 

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Duke Energy Florida's smart-thinking grid improves response, power restoration for customers during Hurricane Ian

Self-healing grid technology automatically reroutes power to reduce outages, speed restoration, and boost reliability during storms like Hurricane Ian in Florida, leveraging smart grid sensors, automation, and grid hardening to support Duke Energy customers.

 

Key Points

Automated smart grid systems that detect faults and reroute power to minimize outages and accelerate restoration.

✅ Cuts outage duration via automated fault isolation

✅ Reroutes electricity with sensors and distribution automation

✅ Supports storm resilience and faster field crew restoration

 

As Hurricane Ian made its way across Florida, where restoring power in Florida can take weeks in hard-hit areas, Duke Energy's grid improvements were already on the job helping to combat power outages from the storm.

Smart, self-healing technology, similar to smart grid improvements elsewhere, helped to automatically restore more than 160,000 customer outages and saved nearly 3.3 million hours (nearly 200 million minutes) of total lost outage time.

"Hurricane Ian is a strong reminder of the importance of grid hardening and storm preparedness to help keep the lights on for our customers," said Melissa Seixas, Duke Energy Florida state president. "Self-healing technology is just one of many grid improvements that Duke Energy is making to avoid outages, restore service faster and increase reliability for our customers."

Much like the GPS in your car can identify an accident ahead and reroute you around the incident to keep you on your way, self-healing technology is like a GPS for the grid. The technology can quickly identify power outages and alternate energy pathways to restore service faster for customers when an outage occurs.

Additionally, self-healing technology provides a smart tool to assist crews in the field with power restoration after a major storm like Ian, helping reduce outage impacts and freeing up resources to help restore power in other locations.

Three days after Hurricane Ian exited the state, Duke Energy Florida wrapped up restoration of approximately 1 million customers. This progress enabled the company to deploy more than 550 Duke Energy workers from throughout Florida, as well as contractors from across the country, to help restore power for Lee County Electric Cooperative customers.

Crews worked in Cape Coral and Pine Island, one of the hardest-hit areas in the storm's path, as Canadian power crews have in past storms, and completed power restoration for the majority of customers on Pine Island within approximately one week after arriving to the island.

Prior to Ian in 2022, smart, self-healing technology had helped avoid nearly 250,000 extended customer outages in Florida, similar to Hydro One storm recovery efforts, saving around 285,000 hours (17.1 million minutes) of total lost outage time.

Duke Energy currently serves around 59% of customers in Florida with self-healing capabilities on its main power distribution lines, with a goal of serving around 80% over the next few years.

 

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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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Washington County planning officials develop proposed recommendations for solar farms

Washington County solar farm incentives aim to steer projects to industrial sites with tax breaks, underground grid connections, decommissioning bonds, and wildlife corridors, balancing zoning, historic preservation, and Maryland renewable energy mandates.

 

Key Points

Policies steer solar to industrial sites with tax breaks, buried lines, and bonds, aligning with zoning and state goals.

✅ Tax breaks to favor rooftops and parking canopies

✅ Bury new grid lines to shift projects to industrial parks

✅ Require decommissioning bonds and wildlife corridors

 

Incentives for establishing solar farms at industrial spaces instead of on prime farmland are among the ideas the Washington County Planning Commission is recommending for the county to update its policies regarding solar farms.

Potential incentives would include tax breaks on solar equipment and requiring developers to put power-grid connections and line extensions underground, a move tied to grid upgrade cost debates in other regions, Planning Commission members said during a Monday meeting.

The tax break could make it more attractive for a developer to put a solar farm on a roof or over a parking lot, similar to California's building-solar requirement policies that favor rooftop generation, which could cost more than putting it on farmland, said Commission member Dave Kline, who works for FirstEnergy.

Requiring a company to bury new transmission lines could steer them to industrial or business parks where, theoretically, transmission lines are more readily available, Kline said Wednesday in a phone interview.

Chairman Clint Wiley suggested talking to industrial property owners to create a list of industrial sites that make sense for a solar site, which could generate extra income for the property owner.

Commission members also talked about requiring a wildlife corridor. Anne Arundel County requires such a corridor if a solar site is over 15 acres, according to Jill Baker, deputy director of planning and zoning. The solar site is broken into sections so animals such as deer can get through, she said.

However, that means the solar farm would take up more agricultural land, Commission member Jeremiah Weddle said. Weddle, a farmer, has repeatedly voiced concerns about solar farms using prime farmland.

County zoning law already states solar farms are prohibited in Rural Legacy Areas, Priority Preservation Areas, and within Antietam Overlay zones that preserve the Antietam National Battlefield viewshed. They also cannot be built on land with permanent preservation easements, Baker said.

However, a big reason county officials are looking to strengthen county policies for solar generating systems, or solar farms, is a recent court decision that ruled the Maryland Public Service Commission can preempt county zoning law when it comes to large solar farms.

County zoning law defines a solar energy generating system as a solar facility, with multiple solar arrays, tied into the power grid and whose primary purpose is to generate power to distribute and/or sell into the public utility grid rather than consuming that power on site.

The Maryland Court of Appeals ruled in July that the Public Service Commission can preempt local zoning regarding solar farms larger than 2 megawatts. But the ruling also stated local government is a "significant participant in the process" and the state commission must give "due consideration" to local zoning laws.

County officials are looking at recommendations for solar farms, whether they are over 2 megawatts or not.

Solar farms are a popular issue statewide, especially with Maryland solar subscriptions expanding, and were discussed at a recent Maryland Association of Counties meeting for planners, Planning and Zoning Director Stephen Goodrich said.

The thinking is the best way for counties to express their opinions about a solar project is to participate in the state commission's local public hearings, where issues like how solar owners are paid often arise, Goodrich said. Another popular idea is for the county to continue to follow its process, which requires a public hearing for a special exception to establish a solar farm. That will help the county form an opinion, on individual cases, to offer the state commission, he said.

Recommendations discussed by the Planning Commission include:

A break on personal property taxes, which is on equipment, including affordable battery storage that can firm output, to steer developers away from areas where the county doesn't want solar farms. The Board of County Commissioners have been split on tax-break agreements for solar farms, with a majority recently granting a few.

 

Protecting valuable historic sites.

Requiring a decommissioning bond for removing the equipment at the end of the solar farm's life. The bond is protection in case the company goes bankrupt. The county commissioners have been making such a bond a requirement when granting recent tax breaks.

Looking at allowing solar farms in stormwater-management areas.

Other counties, particularly in Western Maryland and on the Eastern Shore, are having issues with solar farms even as research to improve solar and wind advances, because land is cheaper and there are wide-open spaces, Goodrich said.

Many solar projects are being developed or proposed because state lawmakers passed legislation requiring 50% of electricity produced in the state to come from renewable sources by 2030, and a federal plan to expand solar is also shaping expectations. Of that 50%, 14.5% is to come from solar energy.

In Maryland, the average number of homes that can be powered by 1 megawatt of solar energy is about 110, according to the Solar Energy Industries Association's website.

 

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