Old school fuel – coal

By Montreal Gazette


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BP’s massive oil spill — one that continues to gush in the Gulf of Mexico and is short on solutions — has sharpened U.S. President Barack Obama’s focus on finding reliable sources of energy outside of the fossil fuel family.

Coal, despite its abundance and reliability, will never classify as a new carbon-free alternative. Ironically, however, clean-coal legislation Ottawa is about to announce could wind up securing the fossil fuelÂ’s long-term future in Canada.

Federal Environment Minister Jim Prentice is about to roll out a new environmental standard for CanadaÂ’s coal industry, a set of rules that could begin to shutter coal-fired electricity plants as early as 2013 and dramatically change the natural gas market.

The regulations could also drive up power prices, create additional volatility and even make electricity supply spotty. That is, unless Mr. Prentice manages to craft the rules to avoid problems associated with transforming coal plants into cleaner-burning natural gas facilities.

His plan has not been finalized, but industry executives consulted on the legislation expect him to rule that coal-fired power plants must retire when they hit their 45th birthday or when their power purchase agreements expire, whichever is latest.

The power plants must then convert to another fuel source, such as natural gas, or be compatible with carbon capture and storage by a set date. Some coal plants may receive an extension past their 45-year lifespan based on factors such as the amount of capital that has been invested in them or retrofits, sources said.

Mr. PrenticeÂ’s office did not address questions about the proposed rules.

“Simply, [coal] is too big a piece of the energy mix to replace in the near term,” said Jim Oosterbaan, senior vice-president of commercial services at Capital Power Corp. The Edmonton-based company’s power facilities across Canada use hydrocarbons and renewable sources of fuel. “There will be solutions that will be found that will see coal playing a significant role going forward.”

After all, North America and much of the globe depends on the old-school fuel. Coal generated roughly 97,300 gigawatt hours of electricity in Canada in 2008, second only to hydro, which created 340,100 gwh, according to Environment CanadaÂ’s submission to the UN Framework Convention on Climate Change. Coal provided about 17 of CanadaÂ’s electricity in 2008, a 26 increase from 1990.

Further, Canada’s proven recoverable reserves of coal are about 10 billion tonnes — more energy than the country’s natural gas, conventional oil and oil sands sources combined, according to the Canadian Clean Power Coalition.

In short, it is necessary, abundant — but dirty. Coal-fired generation was responsible for about 83 of domestic electricity-related greenhouse gas emissions in 2008, the Environment Canada report says. Greenhouse gas emissions from natural gas-fired power plants per kilowatt-hour, on the other hand, are about half that of coal.

So it makes sense for Mr. Prentice to want to replace coal with natural gas. ThatÂ’s the quickest way to reduce emissions. But before his vision can be executed he, along with consumers and power producers, have to sort through the implications of any new rules.

“In a natural gas-fired electricity plant, the fuel, the natural gas, is approximately 70 of the cost of your power,” said Steve Snyder, chief executive of TransAlta Corp. “And natural gas has historically been sold on a very short-term basis, thus it is very volatile. The electricity prices coming out of those plants are volatile.”

The solution to that may be a wholesale makeover of the natural gas market.

“One way to remove that volatility is to have a long-term market for pricing natural gas,” Mr. Snyder said. “That doesn’t exist today. That is something that the natural gas producers will have to evolve to over time. Because of shale gas, there seems to be a trend towards that, but it is not in place today.”

While that may prevent price shocks once natural gas plants take over coal facilities, a system to keep prices smooth as one coal plant goes down in order to transform into a natural gas facility is also necessary. And thatÂ’s assuming producers are willing to build such projects. For that to happen, the government must draw up rules for carbon dioxide emissions relevant to natural gas-fired electricity plants.

“You don’t want to be in a position where 10 years out you build a gas plant and then you’re forced to shut it down because it doesn’t meet new CO2 regulations,” Mr. Snyder said.

“No one in their right mind would build the plant.”

Ditching an abundant source of fuel isnÂ’t a wise move, says Eric Newell, chairman of the Climate Change Emissions Management Corp., as well as Alberta Innovates Energy and Environment Solutions. He is also the former head of Syncrude Canada Ltd., the oil sands monolith.

“We would make a real mistake in this province if we walked away from coal,” he said. It is too cheap, plentiful and needed to meet growing demand. More important, Canadians are making progress when it comes to coal and the environment.

“The technologies that show the greatest promise for us to develop our coal resources responsibly are carbon capture and gasification,” Mr. Newell said.

Swan Hills Synfuels LPÂ’s gasificaction project is a prime example. The private company, which received a $285-million grant from Alberta, takes coal, puts it under pressure, heats it up and adds steam, which converts the coal to a gas, said Martin Lambert, the companyÂ’s chief executive. The product it creates is called syngas. Swan Hills has a pilot project underway in Alberta.

The small five-year-old company then strips out the carbon dioxide, leaving a product that is one-third natural gas and two-thirds hydrogen gas which can be used to create electricity.

“We give the power plant less carbon than natural gas guys do, so less carbon goes out the stack,” Mr. Lambert said. He agreed with Mr. Prentice’s push to retire Canada’s fleet of aging coal-fired power plants, but thinks their 45-year lease on life is too long.

“Our process will be the best of both worlds in the sense that there’s a lot of coal, you get to continue to use coal, but you get a very clean environmental footprint. Even cleaner than natural gas.”

Carbon capture and storage CCS also presents an opportunity to lower emissions tied to coal-fired power plants.

One CCS booster is TransAltaÂ’s Mr. Snyder, who also argues clean coal can trump natural gas when it comes to the environment.

“What CCS holds out the promise for is even more reductions [than natural gas] and even more cost effective. But it is out further,” he said. “If CCS works, it will eliminate 90 of the CO2, where a natural gas plant is still producing at about four times that rate.”

While executives are quick to outline the problems tied to the 45-year retire-and-covert policy known as capital stock turnover, they all agree it can — and should — be done. Mr. Prentice, they say, has been sensitive to their concerns and is carefully taking into consideration all the kinks such legislation could create for producers as well as consumers. He has been consulting with them for about two years, one of the executives said.

“It is a fair compromise,” Capital Power’s Mr. Oosterbaan said.

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Plan to End E-Vehicle Subsidies Sparks Anger in Germany

Germany EV Subsidy Cut triggers budget-crisis fallout in the automotive industry, after a constitutional court ruling; EV incentives end, threatening electromobility adoption, manufacturer competitiveness, 2030 targets, and demand amid Chinese competition and weak global growth.

 

Key Points

A sudden end to Germany's EV incentives due to a budget shortfall after a court ruling, hurting automakers and adoption.

✅ Ends buyer rebates amid budget crisis ruling

✅ Risks 2030 EV targets and industry competitiveness

✅ Weak demand and China competition intensify

 

The German government has faced a backlash after abruptly ending an electric car subsidy scheme in a blow to the already struggling automotive industry.

The scheme is one of the casualties of a budget crisis caused by a shock constitutional court ruling in November that upended the government's spending plans.

The economy ministry said Saturday that Sunday would be the last day prospective buyers could apply for the scheme, which paid out thousands of euros per customer to partially cover the cost of buying an electric car today.

A spokesman for the ministry admitted it was an "unfortunate situation" for consumers who had been hoping to take advantage of the subsidy, but it had no choice "because there is no longer enough money available."

Analyst Ferdinand Dudenhoeffer from the Center for Automotive Research warned the decision could have dramatic consequences amid a Europe EV slump already pressuring demand.

"The competitiveness of [auto] manufacturers will now be severely damaged," Dudenhoeffer told the Rheinische Post newspaper.

The Handelsblatt business daily had already warned that scrapping the scheme risked jeopardizing Germany's plans to get 15 million electric cars on the road by 2030, even though the EU EV share grew during lockdowns earlier in the pandemic.

"This goal was already considered extremely unrealistic. Now it seems completely illusory," it wrote.

In the UK, analysts warn that electric cars could cost more if a post-Brexit deal is not reached, underscoring wider market uncertainties.

A total of around 10 billion euros ($1.1 billion) has been paid out since 2016 under the scheme for around 2.1 million electric vehicles, according to the economy ministry.

Germany's flagship automotive industry, including Volkswagen, has been struggling with the transition to electromobility due to a weak global economy and low levels of demand.

In addition, it is facing a serious challenge from homegrown rivals in China, one of its most important markets, as France moves to discourage Chinese EVs with new rules.

"The Chinese are massively expanding their car industry because they have customers. Our manufacturers no longer have any," Dudenhoeffer said, as France's incentive rules make the market tougher for Chinese brands.

Germany's highest court decided last month that the government had broken a constitutional debt rule when it transferred 60 billion euros earmarked for pandemic support to a climate fund.

The bombshell ruling blew a huge hole in spending plans and plunged Chancellor Olaf Scholz's three-way coalition into turmoil.

After adopting an emergency budget for 2023, Scholz and his junior coalition partners battled for weeks before finally finding an agreement for 2024.

 

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New England's solar growth is creating tension over who pays for grid upgrades

New England Solar Interconnection Costs highlight distributed generation strains, transmission charges, distribution upgrades, and DAF fees as National Grid maps hosting capacity, driving queue delays and FERC disputes in Rhode Island and Massachusetts.

 

Key Points

Rising upfront grid upgrade and DAF charges for distributed solar in RI and MA, including some transmission costs.

✅ Upfront grid upgrades shifted to project developers

✅ DAF and transmission charges increase per MW costs

✅ Queue delays tied to hosting capacity and cluster studies

 

Solar developers in Rhode Island and Massachusetts say soaring charges to interconnect with the electric grid are threatening the viability of projects. 

As more large-scale solar projects line up for connections, developers are being charged upfront for the full cost of the infrastructure upgrades required, a long-common practice that they say is now becoming untenable amid debates over a new solar customer charge in Nova Scotia. 

“It is a huge issue that reflects an under-invested grid that is not ready for the volume of distributed generation that we’re seeing and that we need, particularly solar,” said Jeremy McDiarmid, vice president for policy and government affairs at the Northeast Clean Energy Council, a nonprofit business organization. 

Connecting solar and wind systems to the grid often requires upgrades to the distribution system to prevent problems, such as voltage fluctuations and reliability risks highlighted by Australian distributors in their networks. Costs can vary considerably from place to place, depending on the amount of distributed generation coming online and the level of capacity planning by regulators, said David Feldman, a senior financial analyst at the National Renewable Energy Laboratory.

“Certainly the Northeast often has more distribution challenges than much of the rest of the country just because it’s more populous and often the infrastructure is older,” he said. “But it’s not unique to the Northeast — in the Midwest, for example, there’s a significant amount of wind projects in the queues and significant delays.”

In Rhode Island and Massachusetts, where strong incentive programs are driving solar development, the level of solar coming online is “exposing the under-investment in the distribution system that is causing these massive costs that National Grid is assigning to particular projects or particular groups of projects,” McDiarmid said. “It is going to be a limiting factor for how much clean energy we can develop and bring online.”

Frank Epps, chief executive officer at Energy Development Partners, has been developing solar projects in Rhode Island since 2010. In that time, he said, interconnection charges on his projects have grown from about $80,000-$120,000 per megawatt to more than $400,000 per megawatt. He attributed the increase to a lack of investment in the distribution network by National Grid over the last decade.

He and other developers say the utility is now adding further to their costs by passing along not just the cost of improving the distribution system — the equivalent of the city street of the grid that brings power directly to customers — but also costs for modifying the transmission system — the interstate highway that moves bulk power over long distances to substations. 

Solar developers who are only requesting to hook into the distribution system, and not applying for transmission service, say they should not be charged for those additional upgrades under state interconnection rules unless they are properly authorized under the federal law that governs the transmission system. 

A Rhode Island solar and wind developer filed a complaint with the Federal Energy Regulatory Commission in February over transmission system improvement charges for its four proposed solar projects. Green Development said National Grid subsidiaries Narragansett Electric and New England Power Company want to charge the company more than $500,000 a year in operating and maintenance expenses assessed as so-called direct assignment facility charges. 

“This amount nearly doubles the interconnection costs associated with the projects,” which total 38.4 megawatts in North Smithfield, the company says in its complaint. “Crucially, these charges are linked to recovering costs associated with providing transmission service — even though no such transmission service is being provided to Green Development.”

But Ted Kresse, a spokesperson for National Grid, said the direct assignment facility, or DAF, construct has been in place for decades and has been applied to any customer affecting the need for transmission upgrades.

“It is the result of the high penetration and continued high volume of distributed generation interconnections that has recently prompted the need for transmission upgrades, and subsequently the pass-through of the associated DAF charges,” he said. 

Several complaints before the Rhode Island Public Utilities Commission object to these DAF and other transmission charges.

One petition for dispute resolution concerns four solar projects totaling 40 MW being developed by Energy Development Partners in a former gravel pit in North Kingstown. Brown University has agreed to purchase the power. 

The developer signed interconnection service agreements with Narragansett Electric in 2019 requiring payment of $21.6 million for costs associated with connecting the projects at a new Wickford Junction substation. Last summer, Narragansett sought to replace those agreements with new ones that reclassified a portion of the costs as transmission-level costs, through New England Power, National Grid’s transmission subsidiary.

That shift would result in additional operational and maintenance charges of $835,000 per year for the estimated 35-year life of the projects, the complaint says.

“This came as a complete shock to us,” Epps said. “We’re not just paying for the maintenance of a new substation. We are paying a share of the total cost that the system owner has to own and operate the transmission system. So all of the sudden, it makes it even tougher for distributed energy resources to be viable.”

In its response to the petition, National Grid argues that the charges are justified because the solar projects will require transmission-level upgrades at the new substation. The company argues that the developer should be responsible for the costs rather than ratepayers, “who are already supporting renewable energy development through their electric rates.”

Seth Handy, one of the lawyers representing Green Development in the FERC complaint, argues that putting transmission system costs on distribution assets is unfair because the distributed resources are “actually reducing the need to move electricity long distances. We’ve been fighting these fights a long time over the underestimating of the value of distributed energy in reducing system costs.”

Handy is also representing the Episcopal Diocese of Rhode Island before the state Supreme Court in its appeal of an April 2020 public utilities commission order upholding similar charges for a proposed 2.2-megawatt solar project at the diocese’s conference center and camp in Glocester. 

Todd Bianco, principal policy associate at the utilities commission, said neither he nor the chairperson can comment on the pending dockets contesting these charges. But he noted that some of these issues are under discussion in another docket examining National Grid’s standards for connecting distributed generation. Among the proposals being considered is the appointment of an independent ombudsperson to resolve interconnection disputes. 

Separately, legislation pending before the Rhode Island General Assembly would remove responsibility for administering the interconnection of renewable energy from utilities, and put it under the authority of the Rhode Island Infrastructure Bank, a financing agency.

Handy, who recently testified in support of the bill, said he believes National Grid has too many conflicting interests to administer interconnecting charges in a timely, transparent and fair fashion, and pointed to utility moves such as changes to solar compensation in other states as examples. In particular, he noted the company’s interests in expanding natural gas infrastructure. 

“There are all kinds of economic interests that they have that conflict with our state policy to provide lower-cost renewable energy and more secure energy solutions,” Handy said.

In testimony submitted to the House Committee on Corporations opposing the legislation, National Grid said such powers are well beyond the purpose and scope of the infrastructure bank. And it cited figures showing Rhode Island is third in the country for the most installed solar per square mile (behind New Jersey and Massachusetts).

Nadav Enbar, program manager at the Electric Power Research Institute, a nonprofit research organization for the utility industry, said interconnection delays and higher costs are becoming more common due to “the incredible uptake” in distributed renewable energy, particularly solar.

That’s impacting hosting capacity, the room available to connect all resources to a circuit without causing adverse harm to reliability and safety. 

“As hosting capacity is being reduced, it’s causing an increasing number of situations where utilities need to study their systems to guarantee interconnection without compromising their systems,” he said. “And that is the reason why you’re starting to see some delays, and it has translated into some greater costs because of the need for upgrades to infrastructure.”

The cost depends on the age or absence of infrastructure, projected load growth, the number of renewable energy projects in the queue, and other factors, he said. As utilities come under increasing pressure to meet state renewable goals, and as some states pilot incentives like a distributed energy rebate in Illinois to drive utility innovation, some (including National Grid) are beginning to provide hosting capacity maps that provide detailed information to developers and policymakers about the amount of distributed energy that can be accommodated at various locations on the grid, he said. 

In addition, the coming availability of high-tech “smart inverters” should help ease some of these problems because they provide the grid with more flexibility when it comes to connecting and communicating with distributed energy resources, Enbar said. 

In Massachusetts, the Department of Public Utilities has opened a docket to explore ways to better plan for and share the cost of upgrading distribution infrastructure to accommodate solar and other renewable energy sources as part of a grid overhaul for renewables nationwide. National Grid has been conducting “cluster studies” there that attempt to analyze the transmission impacts of a group of solar projects and the corresponding interconnection cost to each developer.

Kresse, of National Grid, said the company favors cost-sharing methodologies under consideration that would “provide a pathway to spread cost over the total enabled capacity from the upgrade, as opposed to spreading the cost over only those customers in the queue today.” 

Solar developers want regulators to take an even broader approach that factors in how the deployment of renewables and the resulting infrastructure upgrades benefit not just the interconnecting generator, but all customers. 

“Right now, if your project is the one that causes a multimillion-dollar upgrade, you are assigned that cost even though that upgrade is going to benefit a lot of other projects, as well as make the grid stronger,” said McDiarmid, of the clean energy council. “What we’re asking for is a way of allocating those costs among a variety of developers, as well as to the grid itself, meaning ratepayers. There’s a societal benefit to increasing the modernization of the grid, and improving the resilience of the grid.”

In the meantime, BlueHub Capital, a Boston-based solar developer focused on serving affordable housing developments, recently learned from National Grid that, as a part of one of the area studies, it will be required to pay $5.8 million in transmission and distribution upgrades to interconnect a 2-megawatt solar-plus-storage project that leverages cheaper batteries to enhance resilience, approved for a brownfield site in Gardner, Massachusetts. 

According to testimony submitted to the department, the sum is supposed to be paid within the next year, even though the project will have to wait to be interconnected until April 2027, when a new transmission line is completed. In addition, BlueHub will be responsible for DAF charges totaling $3.4 million over the 20-year life of the project. 

“We’re being asked to pay a fortune to provide solar that the state wants,” said DeWitt Jones, BlueHub’s president. “It’s so expensive that the upgrades are driving everyone out of the interconnection queue. The costs stay the same, but they fall on fewer projects. We need a process of grid design and modernization to guide this.”

 

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Solar + Wind = 10% of US Electricity Generation in 1st Half of 2018

US Electricity Generation H1 2018 saw wind and solar gains but hydro declines, as natural gas led the grid mix and coal fell; renewables' share, GWh, emissions, and capacity additions shaped the power sector.

 

Key Points

It is the H1 2018 US power mix, where natural gas led, coal declined, and wind and solar grew while hydro fell.

✅ Natural gas reached 32% of generation, highest share

✅ Coal fell; renewables roughly tied nuclear at ~20%

✅ Wind and solar up; hydro output down vs 2017

 

To complement our revival of US electricity capacity reports, here’s a revival of our reports on US electricity generation.

As with the fresh new capacity report, things are not looking too bright when it comes to electricity generation. There’s still a lot of grey — in the bar charts below, in the skies near fossil fuel power plants, and in the human and planetary outlook based on how slowly we are cutting fossil fuel electricity generation.

As you can see in the charts above, wind and solar energy generation increased notably from the first half of 2017 to the first half of 2018, and the EIA expected larger summer solar and wind generation in subsequent months, reinforcing that momentum.

A large positive when it comes to the environment and human health is that coal generation dropped a great deal year over year — by even more than renewables increased, though the EIA later noted an increase in coal-fired generation in a subsequent year, complicating the trend. However, on the down side, natural gas soared as it became the #1 source of electricity generation in the United States (32% of US electricity). Furthermore, coal was still solidly in the #2 position (27% of US electricity). Renewables and nuclear were essentially in a tie at 19.8% of generation, with renewables just a tad above nuclear.

Actually, combined with an increase in nuclear power generation, natural gas electricity production increased so much that the renewable energy share of electricity generation actually dropped in the first half of 2018 versus the first half of 2017, even amid declining electricity use in some periods. It was 19.8% this year and 20% last year.

Again, solar and wind saw a significant growth in its market share, from 9% to 9.9%, but hydro brought the whole category down due to a decrease from 9% to 8%.

The visuals above are probably the best way to examine it all. The H1 2018 chart was still dominated by fossil fuels, which together accounted for approximately 60% of electricity generation, even though by 2021 non-fossil sources supplied about 40% of U.S. electricity, highlighting the longer-term shift. In H1 2017, the figure was 59.7%. Furthermore, if you switch to the “Change H1 2018 vs H1 2017 (GWh)” chart, you can watch a giant grey bar representing natural gas take over the top of the chart. It almost looks like it’s part of the border of the chart. The biggest glimmer of positivity in that chart is seeing the decline in coal at the bottom.

What will the second half of the year bring? Well, the gigantic US electricity generation market shifts slowly, even as monthly figures can swing, as January generation jumped 9.3% year over year according to the EIA, reminding us about volatility. There is so much base capacity, and power plants last so long, that it takes a special kind of magic to create a rapid transition to renewable energy. As you know from reading this quarter’s US renewable energy capacity report, only 43% of new US power capacity in the first half of the year was from renewables. The majority of it was from natural gas. Along with other portions of the calculation, that means that electricity generation from natural gas is likely to increase more than electricity generation from renewables.

Jump into the numbers below and let us know if you have any more thoughts.


 

 

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Independent power project announced by B.C. Hydro now in limbo

Siwash Creek Hydroelectric Project faces downsizing under a BC Hydro power purchase agreement, with run-of-river generation, high grid interconnection costs, First Nations partnership, and surplus electricity from Site C reshaping clean energy procurement.

 

Key Points

A downsized run-of-river plant in BC, co-owned by Kanaka Bar and Green Valley, selling power via a BC Hydro PPA.

✅ Approved at 500 kW under a BC Hydro clean-energy program

✅ Grid interconnection initially quoted at $2.1M

✅ Joint venture: Kanaka Bar and Green Valley Power

 

A small run-of-river hydroelectric project recently selected by B.C. Hydro for a power purchase agreement may no longer be financially viable.

The Siwash Creek project was originally conceived as a two-megawatt power plant by the original proponent Chad Peterson, who holds a 50-per-cent stake through Green Valley Power, with the Kanaka Bar Indian Band holding the other half.

The partners were asked by B.C. Hydro to trim the capacity back to one megawatt, but by the time the Crown corporation announced its approval, it agreed to only half that — 500 kilowatts — under its Standing Order clean-energy program.

“Hydro wanted to charge us $2.1 million to connect to the grid, but then they said they could reduce it if we took a little trim on the project,” said Kanaka Bar Chief Patrick Michell.

The revenue stream for the band and Green Valley Power has been halved to about $250,000 a year. The original cost of running the $3.7-million plant, including financing, was projected to be $273,000 a year, according to the Kanaka Bar economic development plan.

“By our initial forecast, we will have to subsidize the loan for 20 years,” said Michell. “It doesn’t make any sense.”

The Kanaka Band has already invested $450,000 in feasibility, hydrology and engineering studies, with a similar investment from Green Valley.

B.C. Hydro announced it would pursue five purchase agreements last March with five First Nations projects — including Siwash Creek — including hydro, solar and wind energy projects, as two new generating stations were being commissioned at the time. A purchase agreement allows proponents to sell electricity to B.C. Hydro at a set price.

However, at least ten other “shovel-ready” clean energy projects may be doomed while B.C. Hydro completes a review of its own operations and its place in the energy sector, where legal outcomes like the Squamish power project ruling add uncertainty, including B.C.’s future power needs.

With the 1,100-megawatt Site C Dam planned for completion in 2024, and LNG demand cited to justify it, B.C. Hydro now projects it will have a surplus of electricity until the early 2030s.

Even if British Columbians put 300,000 electric vehicles on the road over the next 12 years, amid BC Hydro’s first call for power, they will require only 300 megawatts of new capacity, the company said.

A long-term surplus could effectively halt all small-scale clean energy development, according to Clean Energy B.C., even as Hydro One’s U.S. coal plant remains online in the region.

“(B.C. Hydro) dropped their offer down to 500 kilowatts right around the time they announced their review,” said Michell. “So we filled out the paperwork at 500 kilowatts and (B.C. Hydro) got to make its announcement of five projects.”

In the new few weeks, Kanaka and Green Valley will discuss whether they can move forward with a new financial model or shelve the project, he said.

B.C. Hydro declined to comment on the rationale for downsizing Siwash Creek’s power purchase agreement.

The Kanaka Bar Band successfully operates a 49.9-megawatt run-of-river plant on Kwoiek Creek with partners Innergex Renewable Energy.

 

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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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We Energies refiles rate hike request driven by rising nuclear power costs

We Energies rate increase driven by nuclear energy costs at Point Beach, Wisconsin PSC filings, and rising utility rates, affecting electricity prices for residential, commercial, and industrial customers while supporting WEC carbon reduction goals.

 

Key Points

A 2021 utility rate hike to recover Point Beach nuclear costs, modestly raising Wisconsin electricity bills.

✅ Residential bills rise about $0.73 per month

✅ Driven by $55.82/MWh Point Beach contract price

✅ PSC review and consumer advocates assessing alternatives

 

Wisconsin's largest utility company is again asking regulators to raise rates to pay for the rising cost of nuclear energy.

We Energies says it needs to collect an additional $26.5 million next year, an increase of about 3.4%.

For residential customers, that would translate to about 73 cents more per month, or an increase of about 0.7%, while some nearby states face steeper winter rate hikes according to regulators. Commercial and industrial customers would see an increase of 1% to 1.5%, according to documents filed with the Public Service Commission.

If approved, it would be the second rate increase in as many years for about 1.1 million We Energies customers, who saw a roughly 0.7% increase in 2020 after four years of no change, while Manitoba Hydro rate increase has been scaled back for next year, highlighting regional contrasts.

We Energies' sister utility, Wisconsin Public Service Corp., has requested a 0.13% increase, which would add about 8 cents to the average monthly residential bill, which went up 1.6% this year.

We Energies said a rate increase is needed to cover the cost of electricity purchased from the Point Beach nuclear power plant, which according to filings with the Securities Exchange Commission will be $55.82 per megawatt-hour next year.

So far this year, the average wholesale price of electricity in the Midwestern market was a little more than $25.50 per megawatt-hour, and recent capacity market payouts on the largest U.S. grid have fallen sharply, reflecting broader market conditions.

Owned and operated by NextEra Energy Resources, the 1,200-megawatt Point Beach Nuclear Plant is Wisconsin's last operational reactor. We Energies sold the plant for $924 million in 2007 and entered into a contract to purchase its output for the next two decades.

Brendan Conway, a spokesman for WEC Energy Group, said customers have benefited from the sale of the plant, which will supply more than a third of We Energies' demand and is a key component in WEC's strategy to cut 80% of its carbon emissions by 2050, amid broader electrification trends nationwide.

"Without the Point Beach plant, carbon emissions in Wisconsin would be significantly higher," Conway said.

As part of negotiations on its last rate case, WEC agreed to work with consumer advocates and the PSC to review alternatives to the contracted price increases, which were structured to begin rising steeply in 2018.

Tom Content, executive director of the Citizens Utility Board, said the contract will be an issue for We Energies customers into the next decade

"It's a significant source (of energy) for the entire state," Content said. "But nuclear is not cheap."

WEC filed the rate requests Monday, one week after the withdrawing similar applications. Conway said the largely unchanged filings had "undergone additional review by senior management."

WEC last week raised its second quarter profit forecast to 67 to 69 cents per share, up from the previous range of 58 to 62 cents per share.

The company credited better than expected sales in April and May along with operational cost savings and higher authorized profit margin for American Transmission Company, of which WEC is the majority owner.

Wisconsin's other investor-owned utilities have reported lower than expected fuel costs for 2020 and 2021, even as emergency fuel stock programs in New England are expected to cost millions this year.

Alliant Energy has proposed using about $31 million in fuel savings to help freeze rates in 2021, aligning with its carbon-neutral electricity plans as it rolls out long-term strategy, while Xcel Energy is proposing to lower its rates by 0.8% next year and refund its customers about $9.7 million in fuel costs for this year.

Madison Gas and Electric is negotiating a two-year rate structure with consumer groups who are optimistic that fuel savings can help prevent or offset rate increases, though some utilities are exploring higher minimum charges for low-usage customers to recover fixed costs.

 

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