France's nuclear power poster child has a money meltdown

By Columbus Free Press


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The myth of a successful nuclear power industry in France has melted into financial chaos.

With it dies the corporate-hyped poster child for a "nuclear renaissance" of new reactor construction that is drowning in red ink and radioactive waste.

Areva, France's nationally owned corporate atomic façade, has plunged into a deep financial crisis led by a devastating shortage of cash.

Electricite de France, the French national utility, has been raided by European Union officials charging that its price-fixing may be undermining competition throughout the continent.

Delays and cost overruns continue to escalate at Areva's catastrophic Olkiluoto reactor construction project in Finland. Areva has admitted to a $2.2 billion, or 55%, cost increase in the Finnish building site after three and a half years. The Flamanville project — the only one now being built in France — is already over $1 billion more expensive than projected after a single year under construction.

In 2008, France's nuclear power output dropped 0.1%, while wind generation rose more than 37%.

Attempts to build new French reactors in the US are meeting stiffened resistance.

And the definitive failure of America's Yucca Mountain nuke waste dump mirrors France's parallel inability to deal with its own radioactive trash.

Widely portrayed as the model of corporate success, reactor-builder Areva is desperately short of money. As it begs a bailout from its dominant owner, the French government, Areva's mismanagement and overextension in promoting and building new reactors has wrecked its image in worldwide capital markets. According to Mycle Schneider, Paris-based author of "Nuclear Power in France — Beyond the Myth," Areva shares have plunged by over 60% since June 2008, twice as much as the CAC40, the standard indicator of the 40 largest French companies on the stock market.

Areva's hyper-active public relations department has made much of recent orders to build two new reactors in China. But it's now begging France's taxpayers for some $4 billion in short term bailout money, and may need still another $6 billion more to pay for investments in uranium mines, fuel production and heavy manufacturing ventures.

Areva will also need more than 2 billion Euros (about US$3 billion) to buy back shares in its nuclear reactor unit after Germany's Siemens pulled out of a joint venture. There have been significant, highly publicized bumps in the Chinese transaction. And Areva may now be forced to pony up billions more in penalties from delays and overruns at its reactor construction fiasco in Finland.

The Finnish government will also have to meet additional costs from trading in carbon emissions because it had firmly counted on the new reactor to supply "green" power as of this year. Olkiluoto is now not expected to deliver electricity before 2012.

Areva's woes have caused French President Nicolas Sarkozy to face possible job cuts and asset sales at the government-controlled energy giant, which was formed in 2001.

China's two-reactor order includes a promise from Areva to supply up to 20 years worth of nuclear fuel. Areva also hopes to sell at least seven reactors in the US, but these plans are meeting stiff resistance. Complex ownership and licensing battles have erupted at Constellation Energy, meant to be the conduit for two new reactors in Maryland.

Ratepayer revolts in Florida and Missouri have arisen over plans to force the public to pay for new reactors as they are being built. Electric rates in the Sunshine State have already begun to soar due to proposed nuke construction, prompting an angry grassroots upheaval.

The potential American reactor market has also been bloodied by the definitive disposal of the proposed high-level dump at Yucca Mountain, Nevada. After decades as the centerpiece of America's "solution" to the nuke waste problem, with at least $10 billion spent on it, Yucca's failure underscores France's own waste dilemma.

The French reprocessing center at La Hague has come under widespread attack for its massive radiation discharges into the English Channel and surrounding atmosphere. The plant has produced over nine thousand containers of extremely high level wastes with no safe place to go. Its by-product of plutonium has complicated global attempts to curb the spread of radioactive materials capable of being turned into nuclear bombs.

In addition to the reprocessing wastes, without a permanent repository of its own, France's 58 reactors have also accumulated over ten thousand tons of spent fuel rods, as the 104 units in the U.S. constantly generate.

Areva says it hopes to raise cash by selling part of a uranium enrichment plant under construction in southern France to Japan's Kansai Electric. Other asset sales may be hampered by slumping market values. Areva also hopes to partner with U.S. weapons builder Northrop Grumman to build heavy reactor equipment in Virginia.

But on March 11, European Union regulators raided EdF offices because "suspected illegal conduct may include actions to raise prices on the French wholesale electricity market." The stunning action against the massive conglomerate, which is 84.8% owned by the French government, could result in huge fines.

The EU says EdF may have manipulated prices and redrawn contracts for some 60 key corporate users. Nuke backers constantly tout that close to 80% of France's electricity comes from reactors whose power flows through EdF. But Areva's cash shortage and EdF's price-fixing scandal underscore the huge financial imbalances imposed by building and operating atomic reactors.

According to Schneider, "EDF's shares dropped by over 40% during the last six months alone. When management in February 2009 announced that larger than expected charges had corroded profits, share value dropped by 7% overnight and continued to fall since. The EDF share now stands 12% below the value when it was first introduced to the stock market in November 2005. Not really a brilliant investment."

EdF and Areva are at the core of what has been labeled as the global "nuclear renaissance." Their escalating money problems underscore an epic failure that has been a significant factor in the current global economic crisis. After a half- century of massive government subsidies in the U.S., UK, France and elsewhere, atomic energy still staggers under an unsustainable load of high construction costs and uncompetitive prices for the electricity it generates.

EdF's recent $17.5 billion takeover of nuke utility British Energy came with a warning from EdF officials that England's commitment to wind turbines could undermine the future of nuclear power. The statement evoked widespread astonishment and scorn from the environmental community.

In the financial community, concerns still linger over the half-trillion-dollar (and still climbing) cost of the 1986 explosion at Chernobyl. The instant $900 million conversion of the "asset" at Three Mile Island into an epic liability occurred 30 years ago this month. (The conversion of Michigan's Fermi I reactor at Monroe into a $100 million molten mess happened October 5, 1966).

The costs from the earthquake last year that crippled seven reactors at Japan's Kashiwazaki are still rising. The failure of Yucca Mountain has converted billions of dollars in utility and taxpayer investments into pure waste. Growing grassroots movements in Vermont and elsewhere threaten to cut off license extensions and shut American reactors at which decommissioning funds have been slashed by the collapse of U.S. investment funds.

The argument that atomic energy provides an answer for global warming turned to a deep embarrassment in France when reactors were forced to shut during the summer heat because they were raising river temperatures far beyond legal limits. In another case, a reactor containment had to be sprayed in order to cool it back to operational temperatures. Similar shutdowns came at a reactor in Alabama.

But as massive cost overruns and delays continue to escalate at Areva's showpiece reactor construction fiasco in Finland, the industry clamors for unlimited access to taxpayer funds. The surging stream of atomic failure continues to guarantee that private investors will instead favor true green technologies like solar, wind and efficiency.

Thus in France, as elsewhere, the "nuclear renaissance" may be stillborn. In 2007, world nuclear electricity generation dropped by an unprecedented 2%. According to Schneider, in 2008, for the first time in nuclear power history, no new reactor was connected to the grid anywhere on Earth.

As Schneider's "Nuclear Power in France — Beyond the Myth" points out, after 35 years of nuclear power development, the French "nuclear dreamland" gets only 16% of its final energy from nuclear power. Commissioned by the Greens-EFA Group in the European Parliament (Brussels, December, 2008), Schneider's report shows that despite its huge nuclear commitment, almost half of France's energy consumption still comes from oil.

In fact, says Schneider, "the wasteful nature of the French economy and households leads to a higher per capita consumption of oil than in Germany, Italy, the UK or even the EU on average.

"Those who think that nuclear power would be a cheap and clean way to render the U.S. less dependent on oil should have a close look at the French record."

At the French heart of its "renaissance," the nuclear clock is winding down, not up. Time is running out for a radioactive technology that, after fifty years, remains unable to muster a sustainable level of private financing, shows no real promise of ever paying for itself, and has now plunged into deepening financial chaos.

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A tidal project in Scottish waters just generated enough electricity to power nearly 4,000 homes

MeyGen Tidal Stream Project delivers record 13.8 GWh to Scotland's grid, showcasing renewable ocean energy. Simec Atlantis Energy's 6 MW array of tidal turbines advances EU power goals and plans an ocean-powered data center.

 

Key Points

A Scottish tidal energy array exporting record power, using four 1.5 MW turbines and driving renewable innovation.

✅ Delivered 13.8 GWh to the grid in 2019, a project record.

✅ Four 1.5 MW turbines in Phase 1A, 6 MW installed.

✅ Plans include an ocean-powered data center near site.

 

A tidal power project in waters off the north coast of Scotland, where Scotland’s wind farms also deliver significant output, sent more than 13.8 gigawatt hours (GWh) of electricity to the grid last year, according to an operational update issued Monday. This figure – a record – almost doubled the previous high of 7.4 GWh in 2018.

In total, the MeyGen tidal stream array has now exported more than 25.5 GWh of electricity to the grid since the start of 2017, according to owners Simec Atlantis Energy. Phase 1A of the project is made up of four 1.5 megawatt (MW) turbines.

The 13.8 GWh of electricity exported in 2019 equates to the average yearly electricity consumption of roughly 3,800 “typical” homes in the U.K., where wind power records have been set recently, according to the company, with revenue generation amounting to £3.9 million ($5.09 million).

Onshore maintenance is now set to be carried out on the AR1500 turbine used by the scheme, with Atlantis aiming to redeploy the technology in spring.

In addition to the production of electricity, Atlantis is also planning to develop an “ocean-powered data centre” near the MeyGen project.

The European Commission has described “ocean energy” as being both abundant and renewable, and milestones like the biggest offshore windfarm starting U.K. supply underscore wider momentum, too. It’s estimated that ocean energy could potentially contribute roughly 10% of the European Union’s power demand by the year 2050, according to the Commission.

While tidal power has been around for decades — EDF’s 240 MW La Rance Tidal Power Plant in France was built as far back as 1966, and the country’s first offshore wind turbine has begun producing electricity — recent years have seen a number of new projects take shape.

In December last year, Scottish tidal energy business Nova Innovation was issued with a permit to develop a project in Nova Scotia, Canada, aiming to harness the Bay of Fundy tides in the region further.

In an announcement at the time, the firm said a total of 15 tidal stream turbines would be installed by the year 2023. The project, according to the firm, will produce enough electricity to power 600 homes, as companies like Sustainable Marine begin delivering tidal energy to the Nova Scotia grid.

Elsewhere, a business called Orbital Marine Power is developing what it describes as the world’s most powerful tidal turbine, with grid-supplied output already demonstrated.

The company says the turbine will have a swept area of more than 600 square meters and be able to generate “over 2 MW from tidal stream resources.” It will use a 72-meter-long “floating superstructure” to support two 1 MW turbines.

 

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WEC Energy Group to buy 80% stake in Illinois wind farm for $345 million

WEC Energy Blooming Grove Investment underscores Midwest renewable energy growth, with Invenergy, GE turbines, and 250 MW wind power capacity, tax credits, PPAs, and utility-scale generation supplying corporate offtakers via long-term contracts.

 

Key Points

It is WEC Energy's $345M purchase of an 80% stake in Invenergy's 250 MW Blooming Grove wind farm in Illinois.

✅ 94 GE turbines; 250 MW utility-scale wind capacity

✅ Output contracted to two multinational offtakers

✅ Eligible for 100% bonus depreciation and wind tax credits

 

WEC Energy Group, the parent company of We Energies, is buying an 80% stake in a wind farm, as seen with projects like Enel's 450 MW wind farm coming online, in McLean County, Illinois, for $345 million.

The wind farm, known as the Blooming Grove Wind Farm, is being developed by Invenergy, which recently completed the largest North American wind build with GE partners, a company based in Chicago that develops wind, solar and other power projects. WEC Energy has invested in several wind farms developed by Invenergy.

With the agreement announced Monday, WEC Energy will have invested more than $1.2 billion in wind farms in the Midwest, echoing heartland investment growth across the region. The power from the wind farms is sold to other utilities or companies, as federal initiatives like DOE wind awards continue to support innovation, and the projects are separate from the investments made by WEC Energy's regulated utilities, such as We Energies, in wind power.

The project, which will consist of 94 wind turbines from General Electric, is expected to be completed this year, similar to recent project operations in the sector, and will have a capacity of 250 megawatts, WEC said in a news release.

Affiliates of two undisclosed multinational companies akin to EDF's offshore investment activity have contracted to take all of the wind farm's output.

The investment is expected to be eligible for 100% bonus depreciation and, as wind economics help illustrate key trends, the tax credits available for wind projects, WEC Energy said.

 

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Tesla Expands Charging Network in NYC

Tesla NYC Supercharger Expansion adds rapid EV charging across Manhattan, Brooklyn, and Queens, strengthening infrastructure, easing range anxiety, and advancing New York City sustainability goals with fast chargers at strategic commercial and residential-adjacent locations.

 

Key Points

Tesla's plan to add rapid EV charging across NYC, boosting access, easing range anxiety, and advancing climate targets.

✅ New Superchargers in Manhattan, Brooklyn, and Queens

✅ Faster charging to cut downtime and range anxiety

✅ Partnerships with businesses to expand public access

 

In a significant move to enhance the EV charging infrastructure across the city, Tesla has announced plans to expand its network of charging stations throughout New York City. This investment is set to bolster the availability of charging options, making it more convenient for EV owners while encouraging more residents to consider electric vehicles as a viable alternative to traditional gasoline-powered cars.

The Growing Need for Charging Infrastructure

As the demand for electric vehicles continues to rise amid the American EV boom across the country, the need for a robust charging infrastructure has become increasingly critical. With New York City setting ambitious goals to reduce greenhouse gas emissions, the expansion of EVs is seen as a crucial component of its sustainability strategy. Currently, the city aims to have 50% of all vehicles electrified by 2030, a target that necessitates a significant increase in charging stations.

Tesla’s initiative to install more charging points in NYC aligns perfectly with these goals and reflects how charging networks are competing nationwide to expand access, drawing more drivers to consider electric vehicles. By enhancing the charging network, Tesla is not only catering to its existing customers but also appealing to potential EV buyers who may have previously hesitated due to range anxiety or limited charging options.

A Look at the Expansion Plans

The details of Tesla's expansion include adding several new Supercharger stations across key locations in Manhattan, Brooklyn, and Queens, as US automakers move to build 30,000 public chargers nationwide to boost coverage. These stations will be strategically placed to ensure maximum accessibility, especially in densely populated areas where residents may not have easy access to home charging.

Tesla’s Superchargers are known for their rapid charging capabilities, allowing EV drivers to recharge their vehicles in a fraction of the time it would take at a standard charging station. This efficiency will be particularly beneficial in a bustling urban environment like NYC, where convenience and time are of the essence.

Moreover, Tesla is also exploring partnerships with local businesses and property owners to install charging stations at commercial locations. This initiative would not only create more charging opportunities but also encourage businesses to attract EV-driving customers, further promoting electric vehicle adoption.

Impact on EV Adoption in NYC

The expansion of Tesla's charging network is expected to have a positive ripple effect on the adoption of electric vehicles in New York City. With more charging stations available, potential buyers will feel more confident in making the switch to electric. The convenience of accessible charging can significantly reduce range anxiety, a common concern among potential EV buyers.

Additionally, this expansion will likely encourage other automakers to invest in charging infrastructure, as utilities pursue a bullish course on charging to support deployment, leading to a more interconnected network of charging options across the city. As more drivers embrace electric vehicles, the demand for charging will continue to grow, a trend that will test state power grids in the coming years, further solidifying the need for a comprehensive and reliable infrastructure.

Supporting Sustainable Initiatives

Tesla's investment in NYC's charging infrastructure is also part of a broader commitment to sustainability. As cities grapple with the challenges of climate change and air pollution, transitioning to electric vehicles is seen as a vital strategy for reducing emissions. Electric vehicles produce zero tailpipe emissions, which contributes to cleaner air and a healthier urban environment.

Moreover, with the increasing push towards renewable energy sources, the integration of electric vehicles into the city’s transportation system can help reduce reliance on fossil fuels, with energy storage and mobile charging adding flexibility to support the grid. As more charging stations utilize renewable energy, the overall carbon footprint of electric vehicles will continue to decrease, aligning with New York City's climate goals.

Looking Ahead

As Tesla moves forward with its expansion plans in New York City, the implications for both the automotive industry and urban sustainability are profound. By enhancing the charging infrastructure, Tesla is not only facilitating the growth of electric vehicles but also playing a crucial role in the city’s efforts to combat climate change.

 

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OPG, TVA Partner on New Nuclear Technology Development

OPG-TVA SMR Partnership advances advanced nuclear technology and small modular reactors for 24/7 carbon-free baseload power, enabling net-zero goals, cross-border licensing, and deployment within a North American clean energy hub.

 

Key Points

A cross-border effort by OPG and TVA to develop, license, and deploy SMRs for reliable, carbon-free baseload power.

✅ Coordinates design, licensing, construction, and operations

✅ Supports 24/7 baseload, net-zero targets, and energy security

✅ Leverages Darlington and Clinch River early site permits

 

Two of North America's leading nuclear utilities unveiled a pioneering partnership to develop advanced nuclear technology as an integral part of a clean energy future and creating a North American energy hub. Ontario Power Generation, whose OPG's SMR commitment is well established, and the Tennessee Valley Authority will jointly work to help develop small modular reactors as an effective long-term source of 24/7 carbon-free energy in both Canada and the U.S.

The agreement allows the companies to coordinate their explorations into the design, licensing, construction and operation of small modular reactors.

"As leaders in our industry and nations, OPG and TVA share a common goal to decarbonize energy generation while maintaining reliability and low-cost service, which our customers expect and deserve," said Jeff Lyash, TVA President and CEO. "Advanced nuclear technology will not only help us meet our net-zero carbon targets but will also advance North American energy security."

"Nuclear energy has long been key to Ontario's clean electricity grid, and is a crucial part of our net-zero future," said Ken Hartwick, OPG President and CEO. "Working together, OPG and TVA will find efficiencies and share best practices for the long-term supply of the economical, carbon-free, reliable electricity our jurisdictions need, supported by ongoing Pickering life extensions across Ontario's fleet."

OPG and TVA have similar histories and missions. Both are based on public power models that developed from renewable hydroelectric generation before adding nuclear to their generation mixes. Today, nuclear generation accounts for significant portions of their carbon-free energy portfolios, with Ontario advancing the Pickering B refurbishment to sustain capacity.

Both are also actively exploring SMR technologies. OPG is moving forward with plans to deploy an SMR at its Darlington nuclear facility in Clarington, ON, as part of broader Darlington SMR plans now underway. The Darlington site is the only location in Canada licensed for new nuclear with a completed and accepted Environmental Assessment. TVA currently holds the only Nuclear Regulatory Commission Early Site Permit in the U.S. for small modular reactor deployment at its Clinch River site near Oak Ridge, TN.

No exchange of funding is involved. However, the collaboration agreement will help OPG and TVA reduce the financial risk that comes from development of innovative technology, as well as future deployment costs.

"TVA has the most recent experience completing a new nuclear plant in North America at Watts Bar and that knowledge is invaluable to us as we work toward the first SMR groundbreaking at Darlington," said Hartwick. "Likewise, because we are a little further along in our construction timing, TVA will gain the advantage of our experience before they start work at Clinch River."

"It's a win-win agreement that benefits all of those served by both OPG and TVA, as well as our nations," said Lyash. "Moving this technology forward is not only a significant step in advancing a clean energy future and Canada's climate goals, but also in creating a North American energy hub."

"With the demand for clean electricity on the rise around the world, Ontario's momentum is growing. The world is watching Ontario as we advance our work to fully unleash our nuclear advantage, alongside a premiers' SMR initiative that underscores provincial collaboration. I congratulate OPG and TVA – two great industry leaders – for working together to deploy SMRs and showcase and apply Canada's nuclear expertise that will deliver economic, health and environmental benefits for all of us to enjoy," said Todd Smith, Ontario Minister of Energy.

"The changing climate is a global crisis that requires global solutions. The partnership between the Tennessee Valley Authority and Ontario Power Generation to develop and deploy advanced nuclear technology is exactly the kind of innovative collaboration that is needed to quickly bring the next generation of nuclear carbon-free generation to market. I applaud the leadership that both companies are demonstrating to further strengthen our cross-border relationships," said Maria Korsnick, President and CEO, Nuclear Energy Institute.

 

 

 

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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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Coal, Business Interests Support EPA in Legal Challenge to Affordable Clean Energy Rule

Affordable Clean Energy Rule Lawsuit pits EPA and coal industry allies against health groups over Clean Power Plan repeal, greenhouse gas emissions standards, climate change, public health, and state authority before the D.C. Circuit.

 

Key Points

A legal fight over EPA's ACE rule and CPP repeal, weighing emissions policy, state authority, climate, and public health.

✅ Challenges repeal of Clean Power Plan and adoption of ACE.

✅ EPA backed by coal, utilities; health groups seek stricter limits.

✅ D.C. Circuit to review emissions authority and state roles.

 

The largest trade association representing coal interests in the country has joined other business and electric utility groups in siding with the EPA in a lawsuit challenging the Trump administration's repeal of the Clean Power Plan.

The suit -- filed by the American Lung Association and the American Public Health Association -- seeks to force the U.S. Environmental Protection Agency to drop a new rule-making process that critics claim would allow higher levels of greenhouse gas emissions, further contributing to the climate crisis and negatively impacting public health.

The new rule, which the Trump administration calls the "Affordable Clean Energy rule" (ACE), "would replace the 2015 Clean Power Plan, which EPA has proposed to repeal because it exceeded EPA's authority. The Clean Power Plan was stayed by the U.S. Supreme Court and has never gone into effect," according to an EPA statement.

EPA has also moved to rewrite wastewater limits for coal power plants, signaling a broader rollback of related environmental requirements.

America's Power -- formerly the American Coalition for Clean Coal Electricity -- the U.S. Chamber of Commerce, the National Mining Association, and the National Rural Electric Cooperative Association have filed motions seeking to join the lawsuit. The U.S. Court of Appeals for the District of Columbia Circuit has not yet responded to the motion.

Separately, energy groups warned that President Trump and Energy Secretary Rick Perry were rushing major changes to electricity pricing that could disrupt markets.

"In this rule, the EPA has accomplished what eluded the prior administration: providing a clear, legal pathway to reduce emissions while preserving states' authority over their own grids," Hal Quinn, president and chief executive officer of the mining association, said when the new rule was released last month. "ACE replaces a proposal that was so extreme that the Supreme Court issued an unprecedented stay of the proposal, having recognized the economic havoc the mere suggestion of such overreach was causing in the nation's power grid."

Around the same time, a coal industry CEO blasted a federal agency's decision on the power grid as harmful to reliability.

The trade and business groups have argued that the Clean Power Plan, set by the Obama administration, was an overreach of federal power. Finalized in 2015, the plan was President Obama's signature policy on climate change, rooted in compliance with the Paris Climate Treaty. It would have set state limits on emissions from existing power plants but gave wide latitude for meeting goals, such as allowing plant operators to switch from coal to other electric generating sources to meet targets.

Former EPA Administrator Scott Pruitt argued that the rule exceeded federal statutory limits by imposing "outside the fence" regulations on coal-fired plants instead of regulating "inside the fence" operations that can improve efficiency.

The Clean Power Plan set a goal of reducing carbon emissions from power generators by 32 percent by the year 2030. An analysis from the Rhodium Group found that had states taken full advantage of the CPP's flexibility, emissions would have been reduced by as much as 72 million metric tons per year on average. Still, even absent federal mandates, the group noted that states are taking it upon themselves to enact emission-reducing plans based on market forces.

In its motion, America's Power argues the EPA "acknowledged that the [Best System of Emission Reduction] for a source category must be 'limited to measures that can be implemented ... by the sources themselves.'" If plants couldn't take action, compliance with the new rule would require the owners or operators to buy emission rate credits that would increase investment in electricity from gas-fired or renewable sources. The increase in operating costs plus federal efforts to shift power generation to other sources of energy, thereby increasing costs, would eventually force the coal-fired plants out of business.

In related proceedings, renewable energy advocates told FERC that a DOE proposal to subsidize coal and nuclear plants was unsupported by the record, highlighting concerns about market distortions.

"While we are confident that EPA will prevail in the courts, we also want to help EPA defend the new rule against others who prefer extreme regulation," said Michelle Bloodworth, president and CEO of America's Power.

"Extreme regulation" to one group is environmental and health protections to another, though.

Howard A. Learner, executive director of the Environmental Law & Policy Center of the Midwest, defended the Clean Power Plan in an opinion piece published in June.

"The Midwest still produces more electricity from coal plants than any other region of the country, and Midwesterners bear the full range of pollution harms to public health, the Great Lakes, and overall environmental quality," Learner wrote. "The new [Affordable Clean Energy] Rule is a misguided policy, moves our nation backward in solving climate change problems, and misses opportunities for economic growth and innovation in the global shift to renewable energy. If not reversed by the courts, as it should be, the next administration will have the challenge of doing the right thing for public health, the climate and our clean energy future."

When it initially filed its lawsuit against the Trump administration's Affordable Clean Energy Rule, the American Lung Association accused the EPA of "abdicat[ing] its legal duties and obligations to protect public health." It also referred to the new rule as "dangerous."

 

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