Two-year-old Enron grand jury still on the job

By Reuters


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The special grand jury appointed two years ago to probe the Enron Corp. collapse has issued more than two dozen indictments but will not be disbanded until prosecutors finish investigating the remaining suspects, lawyers said recently.

The Enron grand jury was impaneled in Houston on March 27, 2002, a little more than three months after Enron's nosedive into a record-breaking bankruptcy after amassive accounting fraud and billions in hidden debt were revealed. Since then, the grand jury has issued the bulk of the indictments from the U.S. Justice Department's Enron Task Force investigation.

Prosecutors said they are still searching for guilty parties meaning their main weapon, the grand jury, is not done either. The probe to date has led to charges against 29 defendants, as high up the corporate ladder as former Chief Executive Officer Jeff Skilling.

Twenty of those defendants are former Enron executives, and nine have been convicted. Former Chairman Kenneth Lay, who is absent from that list and has denied all wrongdoing, remains a focus of the investigation.

The Justice Department declined to comment on the status of its investigation since the grand jury and its proceedings are secret under federal law.

"I would anticipate if the grand jury is not done with their investigations, that they would be extended for some period of time," said Philip Hilder, a criminal defense lawyer and former federal prosecutor. "It is likely the grand jury's focus has turned to Lay, who is the most senior former executive not charged with a crime." Lay's lawyer did not return a call seeking comment. The panel now may also be focused on obtaining new evidence from witnesses who have pleaded guilty, like former Chief Financial Officer Andrew Fastow, said Bryan Blaney, a white collar criminal defense lawyer with Lowenstein Sandler.

"You can anticipate that if they have some cooperators, the prosecutors will be bringing them in and locking down their stories," he said.

Blaney, a former federal prosecutor who handled numerous grand jury investigations and worked on the Iran-Contra probe, said prosecutors often bond with grand jurors over time.

"If what you're giving them is interesting and sexy, you can keep their interest. They begin to trust you," he said.

The 26 anonymous grand jurors digging into the Enron scandal could be required to serve up to another year, Hilder said. A special grand jury in the federal system is initially called to serve for 18 months, but the term can be as long as 36 months if a judge extends it. A special grand jury differs from an ordinary grand jury in its narrow focus on related criminal activities.

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New England Emergency fuel stock to cost millions

Inventoried Energy Program pays ISO-NE generators for fuel security to boost winter reliability, with FERC approval, covering fossil, nuclear, hydropower, and batteries, complementing capacity markets to enhance grid resilience during severe cold snaps.

 

Key Points

ISO-NE program paying generators to hold fuel or energy reserves for emergencies, boosting winter reliability.

✅ FERC-approved stopgap for 2023 and 2024 winter seasons

✅ Pays for on-site fuel or stored energy during cold-trigger events

✅ Open to fossil, nuclear, hydro, batteries; limited gas participation

 

Electricity ratepayers in New England will pay tens of millions of dollars to fossil fuel and nuclear power plants later this decade under a program that proponents say is needed to keep the lights on during severe winters but which critics call a subsidy with little benefit to consumers or the grid, even as Connecticut is pushing a market overhaul across the region.

Last week the Federal Energy Regulatory Commission said ISO-New England, which runs the six-state power grid, can create what it calls the Inventoried Energy Program or IEP. This basically will pay certain power plants to stockpile of fuel for use in emergencies during two upcoming winters as longer-term solutions are developed.

The federal commission called it a reasonable short-term solution to avoid brownouts which doesn’t favor any given technology.

Not all agree, however, including FERC Commissioner Richard Glick, who wrote a fiery dissent to the other three commissioners.

“The program will hand out tens of millions of dollars to nuclear, coal and hydropower generators without any indication that those payments will cause the slightest change in those generators’ behavior,” Glick wrote. “Handing out money for nothing is a windfall, not a just and reasonable rate.”

The program is the latest reaction by ISO-NE to the winter of 2013-14 when New England almost saw brownouts because of a shortage of natural gas to create electricity during a pair of week-long deep freezes.

ISO-New England says the situation is more critical now because of the possible retirement of the gas-fired Mystic Generating Station in Massachusetts. As with closed nuclear plants such as Vermont Yankee and Pilgrim in Massachusetts, power plant owners say lower electricity prices, partly due to cheap renewables and partly to stagnant demand, means they can’t be profitable just by selling power.

Programs like the IEP are meant to subsidize such plants – “incentivize” is the industry term – even though some argue there is no need to subsidize nuclear in deregulated markets so they’ll stay open if they are needed.

The IEP approved last week will be applied to the winters of 2023 and 2024, after a different subsidy program expires. It sets prices, despite warnings about rushing pricing changes from industry groups, for stocking certain amounts of fuel and payments during any “trigger” event, defined as a day when the average of high and low temperatures at Bradley International Airport in Connecticut is no more than 17 degrees Fahrenheit.

These payments will be made on top of a complex system of grid auctions used to decide how much various plants get paid for generating electricity at which times.

ISO-NE estimates the new program will cost between $102 million and $148 million each winter, depending on weather and market conditions.

It says the payments are open to plants that burn oil, coal, nuclear fuel, wood chips or trash; utility-scale battery storage facilities; and hydropower dams “that store water in a pond or reservoir.” Natural gas plants can participate if they guarantee to have fuel available, but that seems less likely because of winter heating contracts.

A major complaint and groups that filed petitions opposing the project is that ISO-NE presented little supporting evidence of how prices, amount and overall cost were determined. ISO-NE argued that there wasn’t time for such analysis before the Mystic shutdown, and FERC agreed.

“The proposal is a step in the right direction … while ISO-NE finishes developing a long-term market solution,” the commission said in its ruling.

The program is the latest example of complexities facing the nation’s electricity system evolves in the face of solar and wind power, which produce electricity so cheaply that they can render traditional power uneconomic but which can’t always produce power on demand, prompting discussions of Texas grid improvements among policymakers. Another major factor is climate change, which has increased the pressure to support renewable alternatives to plants that burn fossil fuels, as well as stagnant electricity demand caused by increased efficiency.

Opponents, including many environmental groups, say electricity utilities and regulators are too quick to prop up existing systems, as the 145-mile Maine transmission line debate shows, built when electricity was sent one way from a few big plants to many customers. They argue that to combat climate change as well as limit cost, the emphasis must be on developing “non-wire alternatives” such as smart systems for controlling demand, in order to take advantage of the current system in which electricity goes two ways, such as from rooftop solar back into the grid.

 

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Idaho Power Settlement Could Close Coal Plant, Raise Rates

Idaho Power Valmy Settlement outlines early closure of the North Valmy coal-fired plant in Nevada, accelerated depreciation recovery, a 1.17% base-rate increase, and impacts for customers, NV Energy co-ownership, and Idaho Public Utilities Commission review.

 

Key Points

A proposed agreement to close North Valmy early, recover costs via a 1.17% rate hike, and seek PUC approval.

✅ Unit 1 closes 2019; Unit 2 closes 2025 in Nevada.

✅ 1.17% base-rate hike; about $1.20 per 1,000 kWh monthly bill.

✅ Idaho PUC comment deadline May 25; NV Energy co-owner.

 

State regulators have set a May 25 deadline for public comment on a proposed settlement related to the early closure of a coal-fired plant co-owned by Idaho Power, even as some utilities plan to keep a U.S. coal plant running indefinitely in other jurisdictions.

The settlement calls for shuttering Unit 1 of the North Valmy Power Plant in Nevada in 2019, with Unit 2 closing in 2025, amid regional coal unit retirements debates. The units had been slated for closure in 2031 and 2035, respectively.

If approved by the Idaho Public Utilities Commission, the settlement would increase base rates by approximately $13.3 million, or 1.17 percent, in order to allow the company to recover its investment in the plant on an accelerated basis.

That equates to an additional $1.20 on the monthly bill of the typical residential customer using 1,000 kilowatt-hours of energy per month.

Idaho Power, which co-owns the plant with NV Energy, maintains that closing Valmy early rather than continuing to operate it until it is fully depreciated in 2035, will ultimately save customers $103 million in today's dollars.

The company said a significant decrease in market prices for electricity has made it uneconomic to operate the plant except during extremely cold or hot weather, when the demand for energy peaks, a trend underscored by transactions involving the San Juan Generating Station deal elsewhere. The company also said plant balances have increased by approximately $70 million since its last general rate case in 2011, due to routine maintenance and repairs, as well as investments required to meet environmental regulations.

The proposed settlement reflects a number of changes to Idaho Power's original proposal regarding Valmy, and comes in the wake of discussions with interested parties in February and April, against the backdrop of a broader energy debate over plant closures and reliability.

In its initial application, filed in October, Idaho Power proposed closing both units in 2025. The original proposal would have increased base rates by $28.5 million, or about 2.5 percent, in order to allow the company to recover its costs associated with the plant's accelerated depreciation, decommissioning and anticipated investments, with cautionary examples such as the Kemper power plant costs illustrating potential risks.

Concurrently, Idaho Power asked for commission approval to adjust depreciation rates for its other plants and equipment based on the result of a study it conducts every five years, as outlined in Case IPC-E-16-23. The adjustment would have led to a $6.7 million increase to base rates.

The two requests filed in October would have increased customer costs by a total of $35.2 million or 3.1 percent, leading to a $3.08 increase on the bills of the typical residential customer who uses 1,000 kilowatt-hours per month.

The proposed settlement submitted to the Commission on May 4 calls for $13,285,285 to be recovered from all customer classes through base rates until 2028, all related to the Valmy shutdown. That is an increase of 1.17 percent and would result in a $1.20 increase on the bills of the typical residential customer who uses 1,000 kilowatt-hours per month.

 

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Michigan utilities propose more than $20M in EV charging programs

Michigan EV time-of-use charging helps DTE Energy and Consumers Energy manage off-peak demand, expand smart charger rebates, and build DC fast charging infrastructure, lowering grid costs, emissions, and peak load impacts across Michigan's distribution networks.

 

Key Points

Michigan utility programs using time-based EV rates to shift charging off-peak and ease grid load via charger rebates.

✅ Off-peak rates cut peak load and distribution transformer stress.

✅ Rebates support home smart chargers and DC fast charging sites.

✅ DTE Energy and Consumers Energy invest to expand EV infrastructure.

 

The two largest utilities in the state of Michigan, DTE Energy and Consumers Energy, are looking at time-of-use charging rates in two proposed electric vehicle (EV) charging programs, aligned with broader EV charging infrastructure trends among utilities, worth a combined $20.5 million of investments.

DTE Energy last month proposed a $13 million electric vehicle (EV) charging program, which would include transformer upgrades/additions, service drops, labor and contractor costs, materials, hardware and new meters to provide time-of-use charging rates amid evolving charging control dynamics in the market. The Charging Forward program aims to address customer education and outreach, residential smart charger support and charging infrastructure enablement, DTE told regulators in its 1,100-page filing. The utility requested that rebates provided through the program be deferred as a regulatory asset.

Consumers Energy in 2017 withdrew a proposal to install 800 electric vehicle charging ports in its Michigan service territory after questions were raised over how to pay for the $15 million plan. According to Energy News Network, the utility has filed a modified proposal building on the former plan and conversations over the last year that calls for approximately half of the original investment.

Utilities across the country are viewing new demand from EVs as a potential boon to their systems, a shift accelerated by the Model 3's impact on utility planning, potentially allowing greater utilization and lower costs. But that will require the vehicles to be plugged in when other demand is low, to avoid the need for extensive upgrades and more expensive power purchases. Michigan utilities' proposal focuses on off-peak EV charging, as well as on developing new EV infrastructure.

While adoption has remained relatively low nationally, last year the Edison Electric Institute and the Institute for Electric Innovation forecast 7 million EVs on United States' roads by the end of 2025. But unless those EVs can be coordinated, state power grids could face increased stress, the National Renewable Energy Laboratory has said distribution transformers may need to be replaced more frequently and peak load could push system limits — even with just one or two EVs on a neighborhood circuit. 

In its application, DTE told regulators that electrification of transportation offers a range of benefits including "reduced operating costs for EV drivers and affordability benefits for utility customers."

"Most EV charging takes place overnight at home, effectively utilizing distribution and generation capacity in the system during a low load period," the utility said. "Therefore, increased EV adoption puts downward pressure on rates by spreading fixed costs over a greater volume of electric sales."

DTE added that other benefits include reduced carbon emissions, improved air quality, increased expenditures in local economies and reduced dependency on foreign oil for the public at large.

A previous proposal from Consumers Energy included 60 fast charging DC stations along major highways in the Lower Peninsula and 750 240-volt AC stations in metropolitan areas. Consumers' new plan will offer rebates for charger installation, as U.S. charging networks jostle for position amid federal electrification efforts, including residential and DC fast-charging stations.

 

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Class-action lawsuit: Hydro-Québec overcharged customers up to $1.2B

Hydro-QuE9bec Class-Action Lawsuit alleges overbilling and monopoly abuse, citing RE9gie de l'E9nergie rate increases, Quebec Superior Court filings, and calls for refunds on 2008-2013 electricity bills to residential and business customers.

 

Key Points

Quebec class action alleging Hydro-QuE9bec overbilled customers in 2008-2013, seeking court-ordered refunds.

✅ Filed in Quebec Superior Court; certification pending.

✅ Alleges up to $1.2B in overcharges from 2008-2013.

✅ Questions RE9gie de l'E9nergie rate approvals and data.

 

A group representing Hydro-Québec customers has filed a motion for a class-action lawsuit against the public utility, alleging it overcharged customers over a five-year period.

Freddy Molima, one of the representatives of the Coalition Peuple allumé, accuses Hydro-Québec of "abusing its monopoly."

The motion, which was filed in Quebec Superior Court, claims Hydro-Québec customers paid more than they should have for electricity between 2008 and 2013, to the tune of nearly $1.2 billion, even as Hydro-Québec later refunded $535 million to customers in a separate case. 

The coalition has so far recruited nearly 40,000 participants online as part of its plan to sue the public utility.

A lawyer representing the group said Quebec's energy board, the Régie de l'énergie, also recently approved Hydro-Québec rate increases for residential and business customers without knowing all the facts, even as Manitoba Hydro hikes face opposition in regulatory hearings.

"There's certain information provided to the Régie that isn't true," said Bryan Furlong. "Hydro-Québec has not been providing the Régie the proper numbers."

In its motion, the group asks that overcharged clients be retroactively reimbursed.

Hydro-Québec denies allegations

Hydro-Québec, for its part, denies it ever overbilled any of its clients, while other utilities such as Hydro One plan to redesign bills to improve clarity.

"All our efficiencies have been returned to the government through our profits, and to Quebecers we have billed exactly what we agreed to bill," said spokesperson Serge Abergel, adding that the utility won't seek a rate hike next year according to its current plans.

Quebec Energy Minister Pierre Moreau also came to the public utility's defence, saying it has no choice but to comply with the  energy board's regulations, while customer protections are in focus as Hydro One moves to reconnect 1,400 customers in Ontario.

The group says the public utility has overbilled clients by up to $1.2 billion. (Radio-Canada)

It would be "shocking" if customers were charged too much money, he added.

"I know for a fact that Hydro-Québec is respecting the decision of this body," he said.

While the motion has been filed, the group cannot say how much each customer would receive if the class-action lawsuit goes ahead because it all depends on how much electricity was consumed by each client over that five-year period.

The coalition plans to present its motion to a judge next February.

 

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Ontario Teachers Pension Plan agrees to acquire a 25% stake in SSEN Transmission

Ontario Teachers SSEN Transmission Investment advances UK renewable energy, with a 25% minority stake in SSE plc's electricity transmission network, backing offshore wind, grid expansion, and Net Zero 2050 goals across Scotland and UK.

 

Key Points

A 25% stake by Ontario Teachers in SSE's SSEN Transmission to fund UK grid upgrades and accelerate renewables.

✅ £1,465m cash for 25% minority stake in SSEN Transmission

✅ Supports offshore wind, grid expansion, and Net Zero targets

✅ Partnering SSE plc to deliver clean, affordable power in the UK

 

Ontario Teachers’ Pension Plan Board (‘Ontario Teachers’) has reached an agreement with Scotland-based energy provider SSE plc (‘SSE’) to acquire a 25% minority stake in its electricity transmission network business, SSEN Transmission, to provide clean, affordable renewable energy to millions of homes and businesses across the UK, reflecting how clean-energy generation powers both the economy and the environment.

The transaction is based on an effective economic date of 31 March 2022, and total cash proceeds of £1,465m for the 25% stake are expected at completion. The transaction is expected to complete shortly.

Measures such as Ontario's 2021 electricity rate reductions have aimed to ease costs for businesses, informing broader discussions on affordability.

SSEN Transmission, which operates under its licenced entity, Scottish Hydro Electric Transmission plc, transports electricity generated from renewable resources – including onshore and offshore wind and hydro – from the north of Scotland across more than a quarter of the UK land mass amid scrutiny of UK electricity and gas networks profits under the regulatory regime. The investment by Ontario Teachers’ will help support the UK Government’s Net Zero 2050 targets, including the delivery of 50GW of offshore wind capacity by 2030.

Charles Thomazi, Senior Managing Director, Head of EMEA Infrastructure & Natural Resources, from Ontario Teachers’ said, noting that in Canada decisions like the OEB decision on Hydro One's T&D rates guide utility planning:

“SSEN Transmission is one of Europe’s fastest growing transmission networks. Its network stretches across some of the most challenging terrain in Scotland – from the North Sea and across the Highlands – to deliver safe, reliable, renewable energy to demand centres across the UK.

We’re delighted to partner again with SSE and are committed to supporting the growth of its network and the vital role it plays in the UK’s green energy revolution.”

Investor views on regulated utilities can diverge, as illustrated by analyses of Hydro One's investment outlook that weigh uncertainties and risk factors.

Rob McDonald, Managing Director of SSEN Transmission, said:

“With the north of Scotland home to the UK’s greatest resources of renewable electricity we have a critical role to play in helping deliver the UK and Scottish Governments net zero commitments.  Our investments will also be key to securing the UK’s future energy independence through enabling the deployment of homegrown, affordable, low carbon power.

“With significant growth forecast in transmission, bringing in Ontario Teachers’ as a minority stake partner will help fund our ambitious investment plans as we continue to deliver a network for net zero emissions across the north of Scotland.” 

Ontario Teachers’ Infrastructure & Natural Resources group invests in electricity infrastructure worldwide to accelerate the energy transition with current investments including Caruna, Finland’s largest electricity distributor, Evoltz, a leading electricity transmission platform in Brazil, and Spark Infrastructure, which invests in essential energy infrastructure in Australia to serve over 5 million homes and businesses.

In Ontario, distribution consolidation has included the sale of Peterborough Distribution to Hydro One for $105 million, illustrating ongoing sector realignment.

 

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Trump Tariff Threat Delays Quebec's Green Energy Bill

Quebec Energy Bill Tariff Delay disrupts Canada-U.S. trade, renewable energy investment, hydroelectric expansion, and clean technology projects, as Trump tariffs on aluminum and steel raise costs, threatening climate targets and green infrastructure timelines.

 

Key Points

A policy pause in Quebec from U.S. tariff threats, disrupting clean investment, hydro expansion, and climate targets.

✅ Tariff risk inflates aluminum and steel project costs.

✅ Quebec delays clean energy legislation amid trade uncertainty.

✅ Hydroelectric reliance complicates emissions reduction timelines.

 

The Trump administration's tariff threat has had a significant impact on Quebec's energy sector, with tariff threats boosting support for projects even as the uncertainty resulted in the delay of a critical energy bill. Originally introduced to streamline energy development and tackle climate change, the bill was meant to help transition Quebec towards greener alternatives while fostering economic growth. However, the U.S. threat to impose tariffs on Canadian goods, including energy products, introduced a wave of uncertainty that led to a pause in the bill's legislative process.

Quebec’s energy bill had ambitious goals of transitioning to renewable sources like wind, solar, and hydroelectric power. It sought to support investments in clean technologies and the expansion of the province's clean energy infrastructure, as the U.S. demand for Canadian green power continues to grow across the border. Moreover, it emphasized the reduction of carbon emissions, an important step towards meeting Quebec's climate targets. At its core, the bill aimed to position the province as a leader in green energy development in Canada and globally.

The interruption caused by President Donald Trump's tariff rhetoric has, however, cast a shadow over the legislation. Tariffs, if enacted, would disproportionately affect Canada's energy exports, with electricity exports at risk under growing tensions, particularly in sectors like aluminum and steel, which are integral to energy infrastructure development. These tariffs could increase the cost of energy-related projects, thereby hindering Quebec's ability to achieve its renewable energy goals and reduce carbon emissions in a timely manner.

The tariff threat was seen as a part of the broader trade tensions between the U.S. and Canada, a continuation of the trade war that had escalated under Trump’s presidency. In this context, the Quebec government was forced to reconsider its legislative priorities, with policymakers citing concerns over the potential long-term consequences on the energy industry, as leaders elsewhere threatened to cut U.S.-bound electricity to exert leverage. With the uncertainty around tariffs and trade relations, the government opted to delay the bill until the geopolitical situation stabilized.

This delay underscores the vulnerability of Quebec’s energy agenda to external pressures. While the provincial government had set its sights on an ambitious green energy future, it now faces significant challenges in ensuring that its projects remain economically viable under the cloud of potential tariffs, even as experts warn against curbing Quebec's exports during the dispute. The delay in the energy bill also reflects broader challenges faced by the Canadian energy sector, which is highly integrated with the U.S. market.

The situation is further complicated by the province's reliance on hydroelectric power, a cornerstone of its energy strategy that supplies markets like New York, where tariffs could spike New York energy prices if cross-border flows are disrupted. While hydroelectric power is a clean and renewable source of energy, there are concerns about the environmental impact of large-scale dams, and these concerns have been growing in recent years. The tariff threat may prompt a reevaluation of Quebec’s energy mix and force the government to balance its environmental goals with economic realities.

The potential imposition of tariffs also raises questions about the future of North American energy cooperation. Historically, Canada and the U.S. have enjoyed a symbiotic energy relationship, with significant energy trade flowing across the border. The energy bill in Quebec was designed with the understanding that cross-border energy trade would continue to thrive. The Trump administration's tariff threat, however, casts doubt on this stability, forcing Quebec lawmakers to reconsider how they proceed with energy policy in a more uncertain trade environment.

Looking forward, Quebec's energy sector will likely need to adjust its strategies to account for the possibility of tariffs, while still pushing for a sustainable energy future, especially if Biden outlook for Canada's energy proves more favorable for the sector in the medium term. It may also open the door for deeper discussions about diversification, both in terms of energy sources and trade partnerships, as Quebec seeks to mitigate the impact of external threats. The delay in the energy bill, though unfortunate, may serve as a wake-up call for Canadian lawmakers to rethink how they balance environmental goals with global trade realities.

Ultimately, the Trump tariff threat highlights the delicate balance between regional energy ambitions and international trade dynamics. For Quebec, the delay in the energy bill could prove to be a pivotal moment in shaping the future of its energy policy.

 

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