Virginia will look at effects of pollution from aging plants

By The Virginian-Pilot


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Speaking in the long shadow of the largest power plant in Virginia, Governor Timothy M. Kaine announced an initiative that takes aim at one of the biggest problems in fighting air pollution — "grandfathering."

The term, and the problem, is basically this: When the national Clean Air Act was passed in 1970, existing power plants, factories, paper mills and other industrial emitters were exempted, or grandfathered, from installing modern pollution controls to curb smog, acid rain and other unhealthy contaminants.

In Virginia, 300 such facilities remain in operation today, still spewing pollutants such as lead, mercury, soot, nitrogen oxide and sulfur dioxide. And there is little anybody can do about it, officials say, short of a change in federal law.

On Tuesday, though, Kaine announced a cooperative program that he called the first of its kind in the nation, in which state regulators will work with industry engineers to study specific emissions and other data at 15 of the biggest grandfathered plants, including four in Hampton Roads.

If the facilities are found to be causing major pollution woes in their regions, the governor said, the state Department of Environmental Quality will push for new controls "to correct those problems."

The first three reviews will begin later this year, Kaine said, and should be completed within 18 months. Each will cost the state about $150,000.

They will occur at the Chesterfield Power Station, the largest coal-fired power plant in Virginia, near Hopewell, owned by Dominion Virginia Power; the Glen Lyn Power Station, in Giles County, owned by American Electric Power; and a giant paper mill, in Covington, owned by MeadWestvaco.

Executives from the three companies were on hand to say they have no qualms with the audits and expect to pass with flying colors.

"We've invested a lot of money" on anti-pollution technology in recent years, including $900 million at the Chesterfield plant, said Dan Genest, a Dominion spokesman.

"We think there's a desire from our customers and the citizens to know we're in compliance," Genest added, "and we look forward to being able to publicly say so."

Environmental groups applauded the move, too. They said it represents a good first step toward addressing a major loophole that for decades has led to hundreds of asthma cases, poor air quality and other public health risks.

"It's critical the process be rigorous and that compliance with the standards is enforced fully, no matter who resides in the Governor's Mansion," said Frank Rambo, a senior attorney with the Southern Environmental Law Center in Charlottesville.

The idea, Kaine said, stemmed from brainstorming sessions months ago with himself and his environmental staff over possible programs to undertake during his final year in office.

Kaine has made 2009 "the year of the environment" and has pressed for several initiatives through his "Renew Virginia" campaign. The grandfathering audits are part of that effort.

Michael Dowd, director of air quality for the state Department of Environmental Quality, said the 300 grandfathered facilities represent about 5 percent of all industrial sources of air pollution across Virginia.

He could not say how much pollution they create, mostly "because we have never really measured it like this," but he estimated that "it's significant, easily more than 5 percent of our total pollution output."

Dominion owns five of the 15 grandfathered plants to be reviewed. One is in Chesapeake, another in Yorktown.

The other facilities in Hampton Roads are the International Paper mill in Franklin and Cogentrix Virginia Leasing Corp. in Portsmouth, according to state officials.

The reviews will focus on three main pollutants, said David Paylor, state environmental director: nitrogen oxide, a building block of smog; sulfur dioxide, another smog precursor and contributor to acid rain; and particulates, or soot, which can gather in human lungs and cause respiratory ailments.

Paylor said the state has federal authority to take action against grandfathered plants — if they are found to be specific, major contributors to smog or other air-quality deficiencies.

But until now, Paylor said, the state has had trouble pinpointing such problems on individual plants for lack of complete data.

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Don't be taken in by scammers threatening to shut off electricity: Manitoba Hydro

Manitoba Hydro Phone Scam targets small businesses with disconnection threats, prepaid card payments, caller ID spoofing, phishing texts, and door-to-door fraud; hang up, verify your account directly, and never share banking information.

 

Key Points

A scam where callers threaten disconnection and demand prepaid cards; verify account status directly with Manitoba Hydro.

✅ Hang up and call Manitoba Hydro at 1-888-624-9376 to verify.

✅ Never pay by prepaid cards, gift cards, or crypto.

✅ Hydro will not cut power on one-hour notice.

 

Manitoba Hydro is warning customers, particularly small business owners, to be wary of high-pressure scammers, as Ontario utilities warn of scams in other provinces, threatening to shut off their electricity.

The callers demand the customer to make immediate payment by a prepaid card. Often, the calls are made in the middle of the day at a busy time, frightening the customer with aggressive threats about disconnection, as hydro disconnections have made headlines elsewhere, says hydro spokesman Bruce Owen.

"They tell them 'we have a truck on the way to cut off your power. If you don't pay in the next hour you're out of luck,'" he said.

"And because these folks have inventory in freezers and they have customers … they're willing to fork over several hundred or even several thousand dollars on a prepaid card to somebody they don't know to keep the lights on."

Maybe the business owners can't recall, with everything happening, including discussions about Hydro One peak rates in Ontario, if they've made their payments on time. They start second-guessing and believing the person on the other line, Owen says.

And they worry about losing thousands of dollars in business if they lose power. So they're more than willing to run out to a store, buy a prepaid debit card and provide the number to the caller.

"Their goal is to manipulate you into sending money before you figure out it's a scam," said Chris McColm, hydro's security and investigations supervisor. "These people are crooks and you should hang up on them."

For any customers that are in arrears, hydro will work with them to resolve the issue, Owen said.

"We do not have to take that extreme measure of cutting off or disconnecting anybody. That's not the business we're in — we don't strong arm people that way," he said.

"Anybody who's threatening to cut off your power with an hour or half-an-hour notice, well it's it's no better than someone waiting around the corner, waiting the club you over the head in the dark of night. That's what they are."

 

Fraud reports soar

The power utility has recorded a nearly-300 per cent jump in the number of fraud-related complaints this year over 2017. There have been 862 phone, text and e-mail scams and that could still go much higher.

The current statistics from 2018 have only calculated up to Oct. 31. In 2017, there were 221.

That jump in numbers doesn't necessarily mean there are more scammers out there.

It could simply mean people are finally getting wise to fraudsters and reporting it more, Owen says.

"At the same token, we don't hear of everybody who's been taking advantage of because once they've found out that they've been hoodwinked they don't want to tell anybody because they're so embarrassed," he said.

"These scammers can be very convincing and anyone can be victimized," McColm said.

If you are able to think clearly when some high-pressure caller gets you on the line, Owen suggests asking a few simple questions to challenge their legitimacy:

  • What street am I on?
  • What does my business look like? 
  • What's the weather outside right now?

Phone scammers can falsify their caller ID information to make it appear they're calling from a local number, but what you'll find is most of them aren't in Winnipeg or Manitoba and likely not even this country or continent, Owen says.

The key to being safe is simply to never give out banking information, Owen says. It's a message that has been stressed for years and 80-90 per cent of people understand it, but it's that other 10-20 per cent that are still being victimized.And it's not just phone calls. Many other fraud-related complaints to Manitoba Hydro this year concerned unsolicited text messages to customers saying they had been overbilled, or faced retroactive charges elsewhere, and were eligible for a refund.

This scam is also aimed at getting a customer's personal banking information, under the guise of having money put back into their account.

Also, many people, especially seniors living alone, continue to be targeted by aggressive door-to-door fraudsters, and cases like the electricity theft ring in Montreal underscore the risks, McColm says. However, he adds, hydro employees always display photo ID and will never demand to come into a home. 

If you're unsure whether a phone call, text or email is real or a scam, contact Manitoba Hydro at 1-888-624-9376.

 

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New Mexico Governor to Sign 100% Clean Electricity Bill ‘As Quickly As Possible’

New Mexico Energy Transition Act advances zero-carbon electricity, mandating public utilities deliver carbon-free electricity by 2045, with renewable targets of 50 percent by 2030 and 80 percent by 2040 to accelerate grid decarbonization.

 

Key Points

A state law requiring utilities to deliver carbon-free electricity by 2045, with 2030 and 2040 renewable targets.

✅ 100 percent carbon-free power from utilities by 2045

✅ Interim renewable targets: 50 percent by 2030, 80 percent by 2040

✅ Aligns with clean energy commitments in HI, CA, and DC

 

The New Mexico House of Representatives passed the Energy Transition Act Tuesday afternoon, sending the carbon-free electricity bill, a move aligned with proposals for a Clean Electricity Standard at the federal level, to Gov. Michelle Lujan Grisham.

Her opinions on it are known: she campaigned on raising the share of renewable energy, a priority echoed in many state renewable ambitions nationwide, and endorsed the ETA in a recent column.

"The governor will sign the bill as quickly as possible — we're hoping it is enrolled and engrossed and sent to her desk by Friday," spokesperson Tripp Stelnicki said in an email Tuesday afternoon.

Once signed, the legislation will commit the state to achieving zero-carbon electricity from public utilities by 2045. The bill also imposes interim renewable energy targets of 50 percent by 2030 and 80 percent by 2040, similar to Minnesota's 2040 carbon-free bill in its timeline.

The Senate passed the bill last week, 32-9. The House passed it 43-22.

The legislation would enter New Mexico into the company of Hawaii, California, where climate risks to grid reliability are shaping policy, and Washington, D.C., which have committed to eliminating carbon emissions from their grids. A dozen other states have proposed similar goals. Meanwhile, the Green New Deal resolution has prompted Congress to discuss the bigger task of decarbonizing the nation overall.

Though grid decarbonization has surged in the news cycle in recent months, even as some states consider moves in the opposite direction, such as a Wyoming bill restricting clean energy that would limit utility choices, New Mexico's bill arose from a years-long effort to rally stakeholders within the state's close-knit political community.

 

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Power Outages to Mitigate Wildfire Risks

Colorado Wildfire Power Shutoffs reduce ignition risk through PSPS, grid safety protocols, data-driven forecasts, and emergency coordination, protecting communities, natural resources, and infrastructure during extreme fire weather fueled by drought and climate change.

 

Key Points

Planned PSPS outages cut power in high-risk areas to prevent ignitions, protect residents, and boost wildfire resilience.

✅ PSPS triggered by forecasts, fuel moisture, and fire danger indices.

✅ Utilities coordinate alerts, timelines, and critical facility support.

✅ Paired with forest management, education, and rapid response.

 

Colorado, known for its stunning landscapes and outdoor recreation, has implemented proactive measures to reduce the risk of wildfires by strategically shutting off power in high-risk areas, similar to PG&E wildfire shutoffs implemented in California during extreme conditions. This approach, while disruptive, aims to safeguard communities, protect natural resources, and mitigate the devastating impacts of wildfires that have become increasingly prevalent in the region.

The decision to initiate power outages as a preventative measure against wildfires underscores Colorado's commitment to proactive fire management and public safety, aligning with utility disaster planning practices that strengthen grid readiness. With climate change contributing to hotter and drier conditions, the state faces heightened wildfire risks, necessitating innovative strategies to minimize ignition sources and limit fire spread.

Utility companies, in collaboration with state and local authorities, identify areas at high risk of wildfire based on factors such as weather forecasts, fuel moisture levels, and historical fire data. When conditions reach critical thresholds, planned power outages, also known as Public Safety Power Shutoffs (PSPS), are implemented to reduce the likelihood of electrical equipment sparking wildfires during periods of extreme fire danger, particularly during windstorm-driven outages that elevate ignition risks.

While power outages are a necessary precautionary measure, they can pose challenges for residents, businesses, and essential services that rely on uninterrupted electricity, as seen when a North Seattle outage affected thousands last year. To mitigate disruptions, utility companies communicate outage schedules in advance, provide updates during outages, and coordinate with emergency services to ensure the safety and well-being of affected communities.

The implementation of PSPS is part of a broader strategy to enhance wildfire resilience in Colorado. In addition to reducing ignition risks from power lines, the state invests in forest management practices, wildfire prevention education, and emergency response capabilities, including continuity planning seen in the U.S. grid COVID-19 response, to prepare for and respond to wildfires effectively.

Furthermore, Colorado's approach to wildfire prevention highlights the importance of community preparedness and collaboration, and utilities across the region adopt measures like FortisAlberta precautions to sustain critical services during emergencies. Residents are encouraged to create defensible space around their properties, develop emergency evacuation plans, and stay informed about wildfire risks and response protocols. Community engagement plays a crucial role in building resilience and fostering a collective effort to protect lives, property, and natural habitats from wildfires.

The effectiveness of Colorado's proactive measures in mitigating wildfire risks relies on a balanced approach that considers both short-term safety measures and long-term fire prevention strategies. By integrating technology, data-driven decision-making, and community partnerships, the state aims to reduce the frequency and severity of wildfires while enhancing overall resilience to wildfire impacts.

Looking ahead, Colorado continues to refine its wildfire management practices in response to evolving environmental conditions and community needs, drawing on examples of localized readiness such as PG&E winter storm preparation to inform response planning. This includes ongoing investments in fire detection and monitoring systems, research into fire behavior and prevention strategies, and collaboration with neighboring states and federal agencies to coordinate wildfire response efforts.

In conclusion, Colorado's decision to implement power outages as a preventative measure against wildfires demonstrates proactive leadership in wildfire risk reduction and public safety. By prioritizing early intervention and community engagement, the state strives to safeguard vulnerable areas, minimize the impact of wildfires, and foster resilience in the face of increasing wildfire threats. As Colorado continues to innovate and adapt its wildfire management strategies, its efforts serve as a model for other regions grappling with the challenges posed by climate change and wildfire risks.

 

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Washington AG Leads Legal Challenge Against Trump’s Energy Emergency

Washington-Led Lawsuit Against Energy Emergency challenges President Trump's executive order, citing state rights, environmental reviews, permitting, and federal overreach; coalition argues record energy output undermines emergency claims in Seattle federal court.

 

Key Points

Multistate suit to void Trump's energy emergency, alleging federal overreach and weakened environmental safeguards.

? Challenges executive order's legal basis and scope

? Claims expedited permitting skirts environmental reviews

? Seeks to halt emergency permits for non-emergencies

 

In a significant legal move, Washington State Attorney General Nick Brown has spearheaded a coalition of 15 states in filing a lawsuit against President Donald Trump's executive order declaring a national energy emergency. The lawsuit, filed in federal court in Seattle on May 9, 2025, challenges the legality of the emergency declaration, which aims to expedite permitting processes for fossil fuel projects in pursuit of an energy dominance vision by bypassing key environmental reviews.

Background of the Energy Emergency Declaration

President Trump's executive order, issued on January 20, 2025, asserts that the United States faces an inadequate and unreliable energy grid, particularly affecting the Northeast and West Coast regions. The order directs federal agencies, including the Army Corps of Engineers and the Department of the Interior, to utilize "any lawful emergency authorities" to facilitate the development of domestic energy resources, with a focus on oil, gas, and coal projects. This includes expediting reviews under the Clean Water Act, Endangered Species Act, the National Environmental Policy Act, and the National Historic Preservation Act, potentially reducing public input and environmental oversight.

Legal Grounds for the Lawsuit

The coalition of states, led by Washington and California, argues that the emergency declaration is an overreach of presidential authority, echoing disputes over the Affordable Clean Energy rule in federal courts. They contend that U.S. energy production is already at record levels, and the declaration undermines state rights and environmental protections. The lawsuit seeks to have the executive order declared unlawful and to halt the issuance of emergency permits for non-emergency projects. 

Implications for Environmental Protections

Critics of the energy emergency declaration express concern that it could lead to significant environmental degradation. By expediting permitting processes, including geothermal permitting, and reducing public participation, the order may allow projects to proceed without adequate consideration of their impact on water quality, wildlife habitats, and cultural resources. Environmental advocates argue that such actions could set a dangerous precedent, enabling future administrations to bypass essential environmental safeguards under the guise of national emergencies, even as the EPA advances new pollution limits for coal and gas plants to address the climate crisis.

Political and Legal Reactions

The Trump administration defends the executive order, asserting that the president has the authority to declare national emergencies and that the energy emergency is necessary to address perceived deficiencies in the nation's energy infrastructure and potential electricity pricing changes debated by industry groups. However, legal experts suggest that the broad application of emergency powers in this context may face challenges in court. The outcome of the lawsuit could have significant implications for the balance of power between state and federal authorities, as well as the future of environmental regulations in the United States.

The legal challenge led by Washington State Attorney General Nick Brown represents a critical juncture in the ongoing debate over energy policy and environmental protection. As the lawsuit progresses through the courts, it will likely serve as a bellwether for future conflicts between state and federal governments regarding the scope of executive authority and the preservation of environmental standards, amid ongoing efforts to expand uranium and nuclear energy programs nationwide. The outcome may set a precedent for how national emergencies are declared and managed, particularly concerning their impact on state governance and environmental laws.

 

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Brazil tax strategy to bring down fuel, electricity prices seen having limited effects

Brazil ICMS Tax Cap limits state VAT on fuels, natural gas, electricity, communications, and transit, promising short-term price relief amid inflation, with federal compensation to states and potential legal challenges affecting investments and ANP auctions.

 

Key Points

A policy capping state VAT at 17-18 percent on fuels, electricity, and services to temper prices and inflation.

✅ Caps VAT to 17-18% on fuels, power, telecom, transit

✅ Short-term relief; medium-long term impact uncertain

✅ Federal compensation; potential court challenges, investment risk

 

Brazil’s congress approved a bill that limits the ICMS tax rate that state governments can charge on fuels, natural gas, electricity, communications, and public transportation. 

Local lawyers told BNamericas that the measure may reduce fuel and power prices in the short term, similar to Brazil power sector relief loans seen during the pandemic, but it is unlikely to produce any major effects in the medium and long term. 

In most states the ceiling was set at 17% or 18% and the federal government will pay compensation to the states for lost tax revenue until December 31, via reduced payments on debts that states owe the federal government.

The bill will become law once signed by President Jair Bolsonaro, who pushed strongly for the proposal with an eye on his struggling reelection campaign for the October presidential election. Double-digit inflation has turned into a major election issue and fuel and electricity prices have been among the main inflation drivers, as seen in EU energy-driven inflation across the bloc this year. Congress’ approval of the bill is seen by analysts as political victory for the Brazilian leader.

How much difference will it make?

Marcus Francisco, tax specialist and partner at Villemor Amaral Advogados, said that in the formation of fuel and electricity prices there are other factors, including high natural gas prices, that drive increases.

“In the case of fuels, if the barrel of oil [price] increases, automatically the final price for the consumer will go up. For electricity, on the other hand, there are several subsidies and policy choices such as Florida rejecting federal solar incentives that are part of the price and that can increase the rate [paid],” he said. 

There is also a possibility that some states will take the issue to the supreme court since ICMS is a key source of revenue for them, Francisco added.

Tiago Severini, a partner at law firm Vieira Rezende, said the comparison between the revenue impact and the effective price reduction, based on the estimates made by the states and the federal government, seems disproportionate, and, as seen in Europe, rolling back European electricity prices is often tougher than it appears. 

“In other words, a large tax collection impact is generated, which is quite unequal among the different states, for a not so strong price reduction,” he said.

“Due to the lack of clarity regarding the precision of the calculations involved, it’s difficult even to assess the adequacy of the offsets the federal government has been considering, and international cases such as France's new electricity pricing scheme illustrate how complex it can be to align fiscal offsets with regulatory constraints, to cover the cost it would have with the compensation for the states” Severini added.

The compensation ideas that are known so far include hiking other taxes, such as the social contribution on net profits (CSLL) that is paid by oil and gas firms focused on exploration and production.

“This can generate severe adverse effects, such as legal disputes, reduced investments in the country, and reduced attractiveness of the new auctions by [sector regulator] ANP, and costly interventions like the Texas electricity market bailout after extreme weather events,” Severini said. 

 

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USAID Delivers Mobile Gas Turbine Power Plant to Ukraine

USAID GE Mobile Power Plant Ukraine supplies 28MW of emergency power and distributed generation to bolster energy security, grid resilience, and critical infrastructure reliability across cities and regions amid ongoing attacks.

 

Key Points

A 28MW GE gas turbine from USAID providing mobile, distributed power to strengthen Ukraine's grid resilience.

✅ 28MW GE gas turbine; power for 100,000 homes

✅ Mobile deployment to cities and regions as needed

✅ Supports hospitals, schools, and critical infrastructure

 

Deputy U.S. Administrator Isobel Coleman announced during her visit to Kyiv that the U.S. Agency for International Development (USAID) has provided the Government of Ukraine with a mobile gas turbine power plant purchased from General Electric (GE), as discussions of a possible agreement on power plant attacks continue among stakeholders.

The mobile power plant was manufactured in the United States by GE’s Gas Power business and has a total output capacity of approximately 28MW, which is enough to provide the equivalent electricity to at least 100,000 homes. This will help Ukraine increase the supply of electricity to homes, hospitals, schools, critical infrastructure providers, and other institutions, as the country has even resumed electricity exports in recent months. The mobile power plant can be operated in different cities or regions depending on need, strengthening Ukraine’s energy security amid the Russian Federation’s continuing strikes against critical infrastructure.   

Since the February 2022 full-scale invasion of Ukraine, and particularly since October 2022, the Russian Federation has deliberately targeted critical civilian heating, power, and gas infrastructure in an effort to weaponize the winter, raising nuclear risks to grid stability noted by international monitors. Ukraine has demonstrated tremendous resilience in the wake of these attacks, with utility workers routinely risking their lives to repair the damage, often within hours of air strikes, even as Russia builds power lines to reactivate the Zaporizhzhia plant to influence the energy situation.

The collaboration between USAID and GE reflects the U.S. government’s emphasis on engaging American private sector expertise and procuring proven and reliable equipment to meet Ukraine’s needs. Since the start of Putin’s full-scale war against Ukraine, USAID has both directly procured equipment for Ukraine from American companies and engaged the private sector in partnerships to meet Ukraine’s urgent wartime needs, with U.S. policy debates such as a proposal on Ukraine’s nuclear plants drawing scrutiny.

This mobile power plant is the latest example of USAID assistance to Ukraine’s energy sector since the start of the Russian Federation’s full-scale invasion, during which Ukraine has resumed electricity exports as conditions improved. USAID has already delivered more than 1,700 generators to 22 oblasts across Ukraine, with many more on the way. These generators ensure electricity and heating for schools, hospitals, accommodation centers for internally-displaced persons, district heating companies, and water systems if and when power is knocked out by the Russian Federation’s relentless, systematic and cruel attacks against critical civil infrastructure. USAID has invested $55 million in Ukraine’s heating infrastructure to help the Ukrainian people get through winter. This support will benefit up to seven million Ukrainians by supporting repairs and maintenance of pipes and other equipment necessary to deliver heating to homes, hospitals, schools, and businesses across Ukraine. USAID’s assistance builds on over two decades of support to Ukraine to strengthen the country’s energy security, complementing growth in wind power that is harder to destroy.

 

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