Court upholds current wind turbine setbacks

IAEA Nuclear Security Mission in China reviews regulatory frameworks, physical protection, and compliance at nuclear power plants, endorsing CAEA efforts, IPPAS guidance, and capacity building to strengthen safeguards, risk management, and global cooperation.

Key Points

An IAEA advisory visit assessing China's nuclear security, physical protection, and regulatory frameworks.

✅ Reviews laws, regulations, and physical protection measures

✅ Endorses CAEA, COE, and IPPAS-aligned best practices

✅ Recommends accelerated rulemaking for expanding reactors

The International Atomic Energy Agency commended China's efforts and accomplishments in nuclear security after conducting its first nuclear security advisory mission to the nation, according to the China Atomic Energy Authority.

The two-week International Physical Protection Advisory Service mission, from Aug 28to Saturday, reviewed the legislative and regulatory framework for nuclear security as well as the physical protection of nuclear material and facilities, including worker safety protocols during health emergencies.

An eight-member expert team led by Joseph Sandoval of the United States' Sandia National Laboratories visited Fangjiashan Nuclear Power Plant, part of the Qinshan Nuclear Power Station in Zhejiang province, to examine security arrangements and observe physical protection measures, where recognized safety culture practices can reinforce performance.

The experts also met with officials from several Chinese government bodies involved in nuclear security such as the China Atomic Energy Authority, National Nuclear Safety Administration and Ministry of Public Security.

The international agency has carried out 78 of the protection missions in 48 member states since 1995. This was the first in China, it said.

The China Atomic Energy Authority said on Tuesday that a report by the experts highly approves of the Chinese government's continuous efforts to strengthen nuclear safety, to boost the sustainable development of the nuclear power industry and to help establish a global nuclear security system.

The report identifies the positive roles played by the State Nuclear Security Technology Center and its subsidiary, the Center of Excellence on Nuclear Security, in enhancing China's nuclear security capability and supporting regional and global cooperation in the field, such as bilateral cooperation agreements that advance research and standards, officials at the China Atomic Energy Authority said.

"A strong commitment to nuclear security is a must for any state that uses nuclear power for electricity generation and that is planning to significantly expand this capacity by constructing new power reactors," said Muhammad Khaliq, head of the international agency's nuclear security of materials and facilities section. "China'sexample in applying IAEA nuclear security guidance and using IAEA advisory services demonstrates its strong commitment to nuclear security and its enhancement worldwide."

The report notes that along with the rapid growth of China's nuclear power sector, challenges have emerged when it comes to the country's nuclear security mechanism and management, as highlighted by grid reliability warnings during pandemics in other markets.

It suggests that the Chinese government accelerate the making of laws and regulations to better govern this sector.

Deng Ge, director of the State Nuclear Security Technology Center, said the IAEAmission would help China strengthen its nuclear security since the nation could learn from other countries' successful experience, including on-site staffing measures to maintain critical operations, and find out its weaknesses for rectification.

Deng added that the mission's report can help the international community understand China's contributions to the global nuclear security system and also offer China's best practices to other nations.

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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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Western Lithium Supply Localization is accelerating as EV battery makers diversify from China, boosting lithium hydroxide sourcing in North America and Europe, amid Covid-19 disruptions and rising prices, with geothermal brines and local processing.

Key Points

An industry shift to source lithium and processing near EV hubs, reducing China reliance and supply chain risk.

✅ EV makers seek North American and European lithium hydroxide

✅ Prices rise amid Covid-19 and logistics constraints

✅ New extraction: geothermal and oilfield brine projects

The global outbreak of coronavirus will accelerate efforts by western carmakers to localise supplies of lithium for electric car batteries, according to US producer Livent.

The industry was keen to diversify away from China, which produces the bulk of the world’s lithium, a critical material for lithium-ion batteries, said Paul Graves, Livent’s chief executive.

“It’s a conversation that’s starting to happen that was not happening even six months ago,” especially in the US, the former Goldman Sachs banker added.

China produced about 79 per cent of the lithium hydroxide used in electric car batteries last year, according to consultancy CRU, a supply chain that has been disrupted by the virus outbreak and EV shortages in some markets.

Prices for lithium hydroxide rose 3.1 per cent last month, their first increase since May 2018, according to Benchmark Mineral Intelligence, due to the impact of the Covid-19 bug.

Chinese lithium producer Ganfeng Lithium, which supplies major carmakers from Tesla to Volkswagen, said it had raised prices by less than 10 per cent, due to higher production costs and logistical difficulties.

“We can get lithium from lots of places . . . is that really something we’re prepared to rely upon?” Mr Graves said. “People are going to relook at supply chains, including battery recycling initiatives that enhance resilience, and relook at their integrity . . . and they’re going to say is there something we need to do to change our supply chains to make them more shockproof?”

General Motors last week said it was looking to source battery minerals such as lithium and nickel from North America for its new range of electric cars that will use cells made in Ohio by South Korea’s LG Chem.

“Some of these critical minerals could be challenging to obtain; it’s not just cobalt you need to be concerned about but also battery-grade nickel and lithium as well,” said Andy Oury, a lead engineer for batteries at GM. “We’re doing all of this with an eye to sourcing as much of the raw material from North America as possible.”

However, George Heppel, an analyst at CRU, warned it would be difficult to compete with China on costs. “China is always going to be the most competitive place to buy battery raw materials. That’s not likely to change anytime soon,” he said.

Livent, which extracts lithium from brines in northern Argentina, is looking at extracting the mineral from geothermal resources in the US and also wants to build a processing plant in Europe.

The Philadelphia-based company is also working with Canadian start-up E3 Metals to extract lithium from brines in Alberta's oil and gasfields for new projects in Canada.

“We’ll look at doing more in the US and more in Europe,” said Mr Graves, underscoring evolving Canada-U.S. collaboration across EV supply chains.

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Gander Curling Club Debt Forgiveness Agreement explained: town council tax relief, loan write-off conditions, community benefits, and economic impact, covering long-standing taxes and loans while protecting the facility with asset clauses and compliance terms.

Key Points

Town plan erasing 25 years of tax and loan debt, with conditions to keep the curling facility open for residents.

✅ Conditions: no borrowing against property without consent.

✅ Water and sewer taxes must be paid annually.

✅ If sold or use changes, debt due; transfer for $1.

Gander town council has agreed to forgive the local curling club's debt of over $250,000.

Gina Brown, chair of the town council's finance committee, says the agreement has been put in place to help the curling club survive, amid broader discussions on electricity affordability in Newfoundland and Labrador.

"When we took a look at this and realized there was a significant outstanding debt for Gander curling club … we have to mitigate," Brown told CBC Newfoundland Morning. "[Getting] what the taxpayers are owed, with also understanding and appreciating the role that that recreational facility plays in our community."

According to Brown, the debt comes from a combination of taxes and loans, going back about 25 years. She says the curling club understood there was debt, but didn't know the number was so high. The club has been in the black since 2007, but used their profits for other items like renovations.

"Like so many cases when you're dealing with an organization with a changing board, and the same for council … [people are] coming in and coming out," Brown said. "And as a result, my understanding from the curling club's perspective is they weren't aware of how much was outstanding."

Chris McLeod, president of the Gander Curling Club, told CBC the club had been trying to address the debt since he became president in 2014.

Terms of agreement
The town's agreement with the club comes with the following stipulations:

The club will not use the property as security for any form of borrowing without the town's consent.
 
The club will continue to pay water and sewer tax annually.
 
If the club sells the property, the town reserves the right to void the agreement and the debt will immediately become due in full.
 
If the club stops using the facility as a curling club, the property will be transferred to the town for $1.
McLeod says the club will not attempt to pay back the debt, as it is not part of the agreement. The only way the debt would be paid is if the building is sold, which McLeod says it won't be, and there are also no plans to use the building for anything other than a curling club.

"[The debt] is basically gone now," McLeod said.

McLeod says the move was made to help get the debt off the books, and make sure the curling club can be financially responsible in the future, similar to relief programs some utilities offered during the pandemic.

The curling club is something that encourages people. So we felt that this has to be maintained.
- Gina Brown

Brown says keeping the curling club in Gander is important for the town, and brings different benefits to the area, as regional power cooperation debates illustrate broader trends.

"They are servicing people from as young as Grade 1 to seniors," Brown said. "You need little to no equipment, you need no background. So for the town itself, for its social and health implications, as provinces advance emissions plans that can affect communities, is one. But the other thing is the economic benefit that comes from having this facility here."

The Gander Curling Club's debt forgiveness comes with several conditions. (Google Maps)
The curling club can help attract people into the community, as recreational facilities are often a key draw for families, she added, while other provinces are creating transition funds to support communities.

"When you're as a town, trying to attract people coming in … whether you're a doctor, nurse, anybody looking at the recreational facilities, the curling club is something that encourages people," Brown said. "So we felt that this has to be maintained."

Brown says the town understands they might be setting a precedent with other businesses in forgiving the debts of the curling club, as major infrastructure like B.C.'s Site C dam has faced budget overruns.

"That's another thing we had to consider, what kind of precedents are [we] establishing?" Brown said. "From our standpoint, I think one of the things about this agreement that we felt was beneficial to the town is that they have an asset, helping to avoid costly delays seen with large projects. And the asset is a great building. To us, the taxpayers are in a win-win situation."

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Hinkley Point C delays highlight EDF cost overruns, energy security risks, and wholesale power prices, complicating UK net zero plans, Sizewell C financing, and small modular reactor adoption across the grid.

Key Points

Delays at EDF's 3.2GW Hinkley Point C push operations to 2031, lift costs to £46bn, and risk pricier UK electricity.

✅ First unit may slip to 2031; second unit date unclear.

✅ LSEG sees 6% wholesale price impact in 2029-2032.

✅ Sizewell C replicates design; SMR contracts expected soon.

Vincent de Rivaz, former CEO of EDF, confidently announced in 2016 the commencement of the UK's first nuclear power station since the 1990s, Hinkley Point C. However, despite milestones such as the reactor roof installation, recent developments have belied this optimism. The French state-owned utility EDF recently disclosed further delays and cost overruns for the 3.2 gigawatt plant in Somerset.

These complications at Hinkley Point C, which is expected to power 6 million homes, have sparked new concerns about the UK's energy strategy and its ambition to decarbonize the grid by 2050.

The UK government's plan to achieve net zero by 2050 includes a significant role for nuclear energy, reflecting analyses that net-zero may not be possible without nuclear and aiming to increase capacity from the current 5.88GW to 24GW by mid-century.

Simon Virley, head of energy at KPMG in the UK, stressed the importance of nuclear energy in transitioning to a net zero power system, echoing industry calls for multiple new stations to meet climate goals. He pointed out that failing to build the necessary capacity could lead to increased reliance on gas.

Hinkley Point C is envisioned as the pioneer in a new wave of nuclear plants intended to augment and replace Britain's existing nuclear fleet, jointly managed by EDF and Centrica. Nuclear power contributed about 14 percent of the UK's electricity in 2022, even as Europe is losing nuclear power across the continent. However, with the planned closure of four out of five plants by March 2028 and rising electricity demand, there is concern about potential power price increases.

Rob Gross, director of the UK Energy Research Centre, emphasized the link between energy security and affordability, highlighting the risk of high electricity prices if reliance on expensive gas increases.

The first 1.6GW reactor at Hinkley Point C, initially set for operation in 2027, may now face delays until 2031, even after first reactor installation milestones were reported. The in-service date for the second unit remains uncertain, with project costs possibly reaching £46bn.

LSEG analysts predict that these delays could increase wholesale power prices by up to 6 percent between 2029 and 2032, assuming the second unit becomes operational in 2033.

Martin Young, an analyst at Investec, warned of the price implications of removing a large power station from the supply side.

In response to these delays, EDF is exploring the extension of its four oldest plants. Jerry Haller, EDF’s former decommissioning director, had previously expressed skepticism about extending the life of the advanced gas-cooled reactor fleet, but EDF has since indicated more positive inspection results. The company had already decided to keep the Heysham 1 and Hartlepool plants operational until at least 2026.

Nevertheless, the issues at Hinkley Point C raise doubts about the UK's ability to meet its 2050 nuclear build target of 24GW.

Previous delays at Hinkley were attributed to the COVID-19 pandemic, but EDF now cites engineering problems, similar to those experienced at other European power stations using the same technology.

The next major UK nuclear project, Sizewell C in Suffolk, will replicate Hinkley Point C's design, aligning with the UK's green industrial revolution agenda. EDF and the UK government are currently seeking external investment for the £20bn project.

Compared with Hinkley Point C, Sizewell C's financing model involves exposing billpayers to some risk of cost overruns. This, coupled with EDF's track record, could affect investor confidence.

Additionally, the UK government is supporting the development of small modular reactors, while China's nuclear program continues on a steady track, with contracts expected to be awarded later this year.

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ERCOT Winter Capacity RFP seeks up to 3,000 MW through generation and demand response to bolster Texas grid reliability during peak load, leveraging Reliability Must-Run, incentive factors, and EEA risk mitigation for the 2023-24 season.

Key Points

An ERCOT initiative to procure 3,000 MW of generation and demand response to reduce EEA risk and improve reliability.

✅ Targets 3,000 MW from generation and demand response

✅ Uses RMR-style contracts with flexible incentive factors

✅ Aims to lower EEA probability below 10% this winter

The Electric Reliability Council of Texas (ERCOT) issued a request for proposals to stakeholders to procure up to 3,000 MW of generation or demand response capacity to meet load and reserve requirements during the winter 2023-24 peak load season (Dec. 1, 2023, through Feb. 29, 2024), amid ongoing Texas power grid challenges across the region.

ERCOT cited “several factors, including significant peak load growth since last winter, recent and proposed retirements of dispatchable Generation Resources, and recent extreme winter weather events, including Winter Storm Elliott in December 2022, Winter Storm Uri in February 2021, and the 2018 and 2011 winter storms, each of which resulted in abnormally high demand during winter weather.” It now seeks additional capacity under its “authority to prevent an anticipated Emergency Condition,” reflecting nationwide blackout risks identified by grid experts.

In its notice regarding the RFP, ERCOT identified a number of mothballed and recently decommissioned generation resources that may be eligible to offer capacity under the RFP. It further stated that offers must comport with the format of its “Reliability Must-Run” agreement but could include a proposed “Incentive Factor” that reflects the revenues the unit owners determine would be necessary to bring the unit back to operation. It added that the Incentive Factor is not necessarily limited to 10%. Providers of eligible demand response can submit offers based on similar principles that are not necessarily constrained by cost. The notice identifies potential acceptable sources of demand response, describes certain parameters for the kinds of demand response that are permitted to respond to the RFP, and outlines the time periods during which ERCOT must be able to deploy the demand response resources to improve electricity reliability across the system.

To meet the Dec. 1, 2023, service start date, ERCOT developed an aggressive timeline to solicit and evaluate proposals through the RFP. Responses to the RFP are due Nov. 6, 2023. ERCOT’s schedule provides that it will notify market participants that obtain awards on Nov. 23, 2023. Expect contracts to be executed by Nov. 30, 2023.

Unlike Regional Transmission Organizations in the Northeastern United States, ERCOT does not have a capacity market. Instead, ERCOT relies on a high price cap of $5,000 per MWh for its energy market (decreased from the $9,000 per MWh cap in effect during Winter Storm Uri) and an Operating Reserve Demand Curve adder that pays additional funds to generators supplying power and ancillary services, an area recently scrutinized for improper payments when supply conditions are tight. In the wake of Winter Storm Uri, some calls were made to have ERCOT adopt a capacity market for reliability reasons, and a number of legal battles continue to play out in the wake of Winter Storm Uri. (See recent McGuireWoods legal alert “Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas.”) Though a capacity market was not adopted, the Texas Legislature approved a $7.2 billion loan program, widely described as an electricity market bailout for generators, to build up to 10,000 MW of dispatchable generation. The legislature also approved a version of the Public Utility Commission of Texas’ proposal to establish a “Performance Credit Mechanism,” but with a cost cap of $1 billion.

The loss of life and economic impacts of Winter Storm Uri in 2021, along with the energy crunches and calls for conservation this past summer, are driving changes to ERCOT’s “energy-only” market, including electricity market reforms under consideration. Texas policymakers are providing multiple financial incentives to promote investment in dispatchable on-demand generation, and voters will consider funding to modernize generation measures this year to make the Texas grid more reliable and able to deal with power demand from a growing economy and increased demand for electricity driven by weather. In the meantime, ERCOT’s plan to procure 3,000 MW through this RFP process is a stopgap measure intended to bolster reliability for the upcoming winter season and lower the probability of load shed in the event of severe winter weather.

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