Solar projects hinge on DOE loan guarantees

By Reuters


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The success of SolarReserve's first two U.S. solar power projects hinges on the survival of the U.S. Department of Energy loan guarantee program, the company's chief executive said.

Santa Monica, California-based SolarReserve is awaiting approval of federal loan guarantees that will enable it to start building two solar thermal power plants with a combined price tag of about $1.5 billion.

Chief Executive Kevin Smith said privately held SolarReserve is weeks away from getting conditional approval for its first project, the 110-megawatt Crescent Dunes plant in Nevada. Meanwhile, a Republican budget bill would cut the DOE's loan guarantee program for renewable energy companies significantly.

SolarReserve argues that any serious curtailment of the loan guarantee program would not just endanger solar plants, but also jeopardize much-needed jobs and economic activity.

"If they shut it down tomorrow we're in big trouble," Smith said in an interview at SolarReserve's headquarters. "We're looking at least a 12-month delay in the project, if not termination of the project."

Crescent Dunes will create about 600 jobs once it goes into construction, Smith said. Not only that, he added, the government stands to make money on the loan guarantee program.

"That money has to be repaid... and the federal government earns interest on it," he said.

SolarReserve's 150-MW Rice project in California is also going through the DOE loan guarantee process.

The company is developing large solar thermal power plants using molten salt energy storage technology licensed from Pratt & Whitney Rocketdyne, a unit of United Technologies Corp.

Founded in 2007, SolarReserve's investors include US Renewables Group, Good Energies, Citigroup Inc, PCG Clean Energy & Technology Fund LLC, Nazarian Enterprises, CalPERs, Argonaut Private Equity and Credit Suisse.

The company's technology has yet to be employed in a large-scale power plant, and traditional project financiers since the financial crisis have shied away from taking those kinds of technology risks.

"Pre-financial meltdown we felt there was a pretty good chance that we could have gotten financing through the normal commercial lenders," Smith said. "In this market, no. For our initial projects, it's the Department of Energy Loan Guarantee Program that is instrumental in getting these kinds of technologies kicked off."

Once it has two projects under construction, Smith believes SolarReserve in 2012 "will be more favorably received by the commercial lending market."

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UK must start construction of large-scale storage or fail to meet net zero targets.

UK Hydrogen Storage Caverns enable long-duration, low-carbon electricity balancing, storing surplus wind and solar power as green hydrogen in salt formations to enhance grid reliability, energy security, and net zero resilience by 2035 and 2050.

 

Key Points

They are salt caverns storing green hydrogen to balance wind and solar, stabilizing a low-carbon UK grid.

✅ Stores surplus wind and solar as green hydrogen in salt caverns

✅ Enables long-duration, low-carbon grid balancing and security

✅ Complements wind and solar; reduces dependence on flexible CCS

 

The U.K. government must kick-start the construction of large-scale hydrogen storage facilities if it is to meet its pledge that all electricity will come from low-carbon electricity sources by 2035 and reach legally binding net zero targets by 2050, according to a report by the Royal Society.

The report, "Large-scale electricity storage," published Sep. 8, examines a wide variety of ways to store surplus wind and solar generated electricity—including green hydrogen, advanced compressed air energy storage (ACAES), ammonia, and heat—which will be needed when Great Britain's electricity generation is dominated by volatile wind and solar power.

It concludes that large scale electricity storage is essential to mitigate variations in wind and sunshine, particularly long-term variations in the wind, and to keep the nation's lights on. Storing most of the surplus as hydrogen, in salt caverns, would be the cheapest way of doing this.

The report, based on 37 years of weather data, finds that in 2050 up to 100 Terawatt-hours (TWh) of storage will be needed, which would have to be capable of meeting around a quarter of the U.K.'s current annual electricity demand. This would be equivalent to more than 5,000 Dinorwig pumped hydroelectric dams. Storage on this scale, which would require up to 90 clusters of 10 caverns, is not possible with batteries or pumped hydro.

Storage requirements on this scale are not currently foreseen by the government, and the U.K.'s energy transition faces supply delays. Work on constructing these caverns should begin immediately if the government is to have any chance of meeting its net zero targets, the report states.

Sir Chris Llewellyn Smith FRS, lead author of the report, said, "The need for long-term storage has been seriously underestimated. Demand for electricity is expected to double by 2050 with the electrification of heat, transport, and industrial processing, as well as increases in the use of air conditioning, economic growth, and changes in population.

"It will mainly be met by wind and solar generation. They are the cheapest forms of low-carbon electricity generation, but are volatile—wind varies on a decadal timescale, so will have to be complemented by large scale supply from energy storage or other sources."

The only other large-scale low-carbon sources are nuclear power, gas with carbon capture and storage (CCS), and bioenergy without or with CCS (BECCS). While nuclear and gas with CCS are expected to play a role, they are expensive, especially if operated flexibly.

Sir Peter Bruce, vice president of the Royal Society, said, "Ensuring our future electricity supply remains reliable and resilient will be crucial for our future prosperity and well-being. An electricity system with significant wind and solar generation is likely to offer the lowest cost electricity but it is essential to have large-scale energy stores that can be accessed quickly to ensure Great Britain's energy security and sovereignty."

Combining hydrogen with ACAES, or other forms of storage that are more efficient than hydrogen, could lower the average cost of electricity overall, and would lower the required level of wind power and solar supply.

There are currently three hydrogen storage caverns in the U.K., which have been in use since 1972, and the British Geological Survey has identified the geology for ample storage capacity in Cheshire, Wessex and East Yorkshire. Appropriate, novel business models and market structures will be needed to encourage construction of the large number of additional caverns that will be needed, the report says.

Sir Chris observes that, although nuclear, hydro and other sources are likely to play a role, Britain could in principle be powered solely by wind power and solar, supported by hydrogen, and some small-scale storage provided, for example, by batteries, that can respond rapidly and to stabilize the grid. While the cost of electricity would be higher than in the last decade, we anticipate it would be much lower than in 2022, he adds.

 

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Yukon eyes connection to B.C. electricity grid

Yukon-BC Electricity Intertie could link Yukon to BC's hydroelectric power, enabling renewable energy integration, net-zero grid goals by 2035, transmission expansion for mining, and stronger Arctic energy security through a coast-to-coast network.

 

Key Points

A link connecting Yukon's grid to BC hydro to import renewables, cut emissions, and strengthen northern energy security.

✅ Enables renewable imports to meet 2035 net-zero electricity target

✅ Supports mining growth with reliable, low-carbon power

✅ Enhances Arctic energy security via national grid integration

 

Yukon's energy minister says Canada's push for more green energy and a net-zero electricity grid should spark renewed interest in connecting the territory's power to British Columbia, home to the Electric Highway network.

Minister of Energy, Mines and Resources John Streicker says linking the territory's power grid to the south would help with the national move to renewable energy, including new wind turbines being added in the Yukon, support the mineral extraction required for green projects, and improve northern energy and Arctic security.

"We're getting to the moment in time when we will want an electricity grid which stretches from coast to coast to coast. … I think that the moment is coming for this — it's sort of a nation-building moment. And I think that from the Yukon's perspective, we're very interested," Streicker said in an interview.

The idea of a link, originally proposed to span 763 kilometres between Whitehorse and Iskut, B.C., was first floated in 2016 but sat on the shelf after a viability study put the price tag at as much as $1.7 billion, even as a study indicates B.C. may need to double its power output to electrify all road vehicles.


Two years later, Yukon's then-energy-minister Ranj Pillai — now premier — mused again about the possibility of connecting to power from B.C., where green energy ambitions include the Site C hydro dam.

The idea appeared to have been resurrected at this year's Western Premiers' Conference in June, with both Pillai and B.C. Premier David Eby publicly mentioning early conversations about grid development and interties.

At the conference, Eby said British Columbia was fortunate to have the ability to support other jurisdictions with its hydro electricity.

"So certainly part of the conversation was how do we support each other in sharing our strength, including emerging hydrogen projects across the province?" he said.

"And one of those that British Columbia was able to put on the table is if we can find ways to enter ties with, for example, with the Yukon, to support them in their efforts to access more electricity to grow their economy and decarbonize their electrical grid, then that's very good news for everybody."

The federal government has set a target of making the country's electricity grid net-zero by 2035, while jurisdictions like the N.W.T. plan for more residents to drive electric vehicles as part of the transition.

 

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How Ukraine Unplugged from Russia and Joined Europe's Power Grid with Unprecedented Speed

Ukraine-ENTSO-E Grid Synchronization links Ukraine and Moldova to the European grid via secure interconnection, matching frequency for stability, resilience, and energy security, enabling cross-border support, islanding recovery, and coordinated load balancing during wartime disruptions.

 

Key Points

Rapid alignment of Ukraine and Moldova into the European grid to enable secure interconnection and system stability.

✅ Matches 50 Hz frequency across interconnected systems

✅ Enables cross-border support and electricity trading

✅ Improves resilience, stability, and energy security

 

On February 24 Ukraine’s electric grid operator disconnected the country’s power system from the larger Russian-operated network to which it had always been linked. The long-planned disconnection was meant to be a 72-hour trial proving that Ukraine could operate on its own and to protect electricity supply before winter as contingencies were tested. The test was a requirement for eventually linking with the European grid, which Ukraine had been working toward since 2017. But four hours after the exercise started, Russia invaded.

Ukraine’s connection to Europe—which was not supposed to occur until 2023—became urgent, and engineers aimed to safely achieve it in just a matter of weeks. On March 16 they reached the key milestone of synchronizing the two systems. It was “a year’s work in two weeks,” according to a statement by Kadri Simson, the European Union commissioner for energy. That is unusual in this field. “For [power grid operators] to move this quickly and with such agility is unprecedented,” says Paul Deane, an energy policy researcher at the University College Cork in Ireland. “No power system has ever synchronized this quickly before.”

Ukraine initiated the process of joining Europe’s grid in 2005 and began working toward that goal in earnest in 2017, as did Moldova. It was part of an ongoing effort to align with Europe, as seen in the Baltic states’ disconnection from the Russian grid, and decrease reliance on Russia, which had repeatedly threatened Ukraine’s sovereignty. “Ukraine simply wanted to decouple from Russian dominance in every sense of the word, and the grid is part of that,” says Suriya Jayanti, an Eastern European policy expert and former U.S. diplomat who served as energy chief at the U.S. embassy in Kyiv from 2018 to 2020.

After the late February trial period, Ukrenergo, the Ukrainian grid operator, had intended to temporarily rejoin the system that powers Russia and Belarus. But the Russian invasion made that untenable. “That left Ukraine in isolation mode, which would be incredibly dangerous from a power supply perspective,” Jayanti says. “It means that there’s nowhere for Ukraine to import electricity from. It’s an orphan.” That was a particularly precarious situation given Russian attacks on key energy infrastructure such as the Zaporizhzhia nuclear power plant and ongoing strikes on Ukraine’s power grid that posed continuing risks. (According to Jayanti, Ukraine’s grid was ultimately able to run alone for as long as it did because power demand dropped by about a third as Ukrainians fled the country.)

Three days after the invasion, Ukrenergo sent a letter to the European Network of Transmission System Operators for Electricity (ENTSO-E) requesting authorization to connect to the European grid early. Moldelectrica, the Moldovan operator, made the same request the following day. While European operators wanted to support Ukraine, they had to protect their own grids, amid renewed focus on protecting the U.S. power grid from Russian hacking, so the emergency connection process had to be done carefully. “Utilities and system operators are notoriously risk-averse because the job is to keep the lights on, to keep everyone safe,” says Laura Mehigan, an energy researcher at University College Cork.

An electric grid is a network of power-generating sources and transmission infrastructure that produces electricity and carries it from places such as power plants, wind farms and solar arrays to houses, hospitals and public transit systems. “You can’t just experiment with a power system and hope that it works,” Deane says. Getting power where it is it needed when it is needed is an intricate process, and there is little room for error, as incidents involving Russian hackers targeting U.S. utilities have highlighted for operators worldwide.

Crucial to this mission is grid interconnection. Linked systems can share electricity across vast areas, often using HVDC technology, so that a surplus of energy generated in one location can meet demand in another. “More interconnection means we can move power around more quickly, more efficiently, more cost effectively and take advantage of low-carbon or zero-carbon power sources,” says James Glynn, a senior research scholar at the Center on Global Energy Policy at Columbia University. But connecting these massive networks with many moving parts is no small order.

One of the primary challenges of interconnecting grids is synchronizing them, which is what Ukrenergo, Moldelectrica and ENTSO-E accomplished last week. Synchronization is essential for sharing electricity. The task involves aligning the frequencies of every energy-generation facility in the connecting systems. Frequency is like the heartbeat of the electric grid. Across Europe, energy-generating turbines spin 50 times per second in near-perfect unison, and when disputes disrupt that balance, slow clocks across Europe can result, reminding operators of the stakes. For Ukraine and Moldova to join in, their systems had to be adjusted to match that rhythm. “We can’t stop the power system for an hour and then try to synchronize,” Deane says. “This has to be done while the system is operating.” It is like jumping onto a moving train or a spinning ride at the playground: the train or ride is not stopping, so you had better time the jump perfectly.

 

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Covid-19 is reshaping the electric rhythms of New York City

COVID-19 Electricity Demand Shift flattens New York's load curve, lowers peak demand, and reduces wholesale prices as NYISO operators balance the grid amid stay-at-home orders, rising residential usage, cheap natural gas, and constrained renewables.

 

Key Points

An industry-wide change in load patterns: flatter peaks, lower prices, and altered grid operations during lockdowns.

✅ NYISO operators sequestered to maintain reliable grid control

✅ Morning and evening peaks flatten; residential use rises mid-day

✅ Wholesale prices drop amid cheap natural gas and reduced demand

 

At his post 150 miles up the Hudson, Jon Sawyer watches as a stay-at-home New York City stirs itself with each new dawn in this era of covid-19.

He’s a manager in the system that dispatches electricity throughout New York state, keeping homes lit and hospitals functioning, work that is so essential that he, along with 36 colleagues, has been sequestered away from home and family for going on four weeks now, to avoid the disease, a step also considered for Ontario power staff during COVID-19 measures.

The hour between 7 a.m. and 8 a.m. once saw the city bounding to life. A sharp spike would erupt on the system’s computer screens. Not now. The disease is changing the rhythms of the city, and, as this U.S. grid explainer notes, you can see it in the flows of electricity.

Kids are not going to school, restaurants are not making breakfast for commuters, offices are not turning on the lights, and thousands if not millions of people are staying in bed later, putting off the morning cup of coffee and a warm shower.

Electricity demand in a city that has been shut down is running 18 percent lower at this weekday morning hour than on a typical spring morning, according to the New York Independent System Operator, Sawyer’s employer. As the sun rises in the sky, usage picks up, but it’s a slower, flatter curve.

Though the picture is starkest in New York, it’s happening across the country. Daytime electricity demand is falling, even accounting for the mild spring weather, and early-morning spikes are deflating, with similar patterns in Ontario electricity demand as people stay home. The wholesale price of electricity is falling, too, driven by both reduced demand and the historically low cost of natural gas.

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As covid-19 hits, coal companies aim to cut the tax they pay to support black-lung miners

Falling demand will hit the companies that run the “merchant generators” hardest. These are the privately owned power plants that sell electricity to the utilities and account for about 57 percent of electricity generation nationwide.

Closed businesses have resulted in falling demand. Residential usage is up — about 15 percent among customers of Con Edison, which serves New York City and Westchester County — as workers and schoolchildren stay home, while in Canada Hydro One peak rates remain unchanged for self-isolating customers, but it’s spread out through the day. Home use does not compensate for locked-up restaurants, offices and factories. Or for the subway system, which on a pre-covid-19 day used as much electricity as Buffalo.

Hospitals are a different story: They consume twice as much energy per square foot as hotels, and lead schools and office buildings by an even greater margin. And their work couldn’t be more vital as they confront the novel coronavirus.

Knowing that, Sawyer said, puts the ordinary routines of his job, which rely on utility disaster planning, the things about it he usually takes for granted, into perspective.

“Keeping the lights on: It comes to the forefront a little more when you understand, ‘I’m going to be sequestered on site to do this job, it’s so critical,’” he said, speaking by phone from his office in East Greenbush, N.Y., where he has been living in a trailer, away from his family, since March 23.

As coronavirus hospitalizations in New York began to peak in April, emergency medicine physician Howard Greller recorded his reflections. (Whitney Leaming/The Washington Post)
Sawyer, 53, is a former submariner in the U.S. Navy, so he has experience when it comes to being isolated from friends and family for long periods. Many of his colleagues in isolation, who all volunteered for the duty, also are military veterans, and they’re familiar with the drill. Life in East Greenbush has advantages over a submarine — you can go outside and throw a football or Frisbee or walk or run the trail on the company campus reserved for the operators, and every day you can use FaceTime or Skype to talk with your family.

His wife understood, he said, though “of course it’s a sacrifice.” But she grasped the obligation he felt to be there with his colleagues and keep the power on.

“It’s a new world, it’s definitely an adjustment,” said Rich Dewey, the system’s CEO, noting that America’s electricity is safe for now. “But we’re not letting a little virus slow us down.”

There are 31 operators, two managers and four cooks and cleaners all divided between East Greenbush, which handles daytime traffic, and another installation just west of Albany in Guilderland, which works at night. The operators work 12-hour shifts every other day.

Computers recalibrate generation, statewide, to equal demand, digesting tens of thousands of data points, every six seconds. Other computers forecast the needs looking ahead 2½ hours. The operators monitor the computers and handle the “contingencies” that inevitably arise.

They dispatch the electricity along transmission lines ranging from 115,000 volts to 765,000 volts, much of it going from plants and dams in western and northern New York downstate toward the city and Long Island.

They always focus on: “What is the next worse thing that can happen, and how can we respond to that?” Sawyer said.

It’s the same shift and the same work they’ve always done, and that gives this moment an oddly normal feeling, he said. “There’s a routine to it that some of the people working at home now don’t have.”

Medical workers check in with them daily to monitor their physical health and mental condition. So far, there have been no dropouts.

Cheap oil doesn’t mean much when no one’s going anywhere

Statewide, the daily demand for electricity has fallen nearly 9 percent.

The distribution system in New England is looking at a 3 to 5 percent decline; the Mid-Atlantic states at 5 to 7 percent; Washington state at 10 percent; and California by nearly as much. In Texas, demand is down 2 percent, “but even there you’re still seeing drops in the early-morning hours,” said Travis Whalen, a utility analyst with S&P Global Platts.

In the huge operating system that embraces much of the middle of the country, usage has fallen more than 8 percent — and the slow morning surge doesn’t peak until noon.

In New York, there used to be a smaller evening spike, too (though starting from a higher load level than the one in the morning). But that’s almost impossible to see anymore because everyone isn’t coming home and turning on the lights and TV and maybe throwing a load in the laundry all at once. No one goes out, either, and the lights aren’t so bright on Broadway.

California, in contrast, had a bigger spike in the evening than in the morning before covid-19 hit; maybe some of that had to do with the large number of early risers spreading out the morning demand and highlighting electricity inequality that shapes access. Both spikes have flattened but are still detectable, and the evening rise is still the larger.

Only at midnight, in New York and elsewhere, does the load resemble what it used to look like.

The wholesale price of electricity has fallen about 40 percent in the past month, according to a study by S&P Global Platts. In California it’s down about 30 percent. In a section covered by the Southwest Power Pool, the price is down 40 percent from a year ago, and in Indiana, electricity sold to utilities is cheaper than it has been in six years.

Some of the merchant generators “are going to be facing some rather large losses,” said Manan Ahuja, also an analyst with S&P Global Platts. With gas so cheap, coal has built up until stockpiles average a 90-day supply, which is unusually large. Ahuja said he believes renewable generators of electricity will be especially vulnerable because as demand slackens it’s easier for operators to fine-tune the output from traditional power plants.

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As Dewey put it, speaking of solar and wind generators, “You can dispatch them down but you can’t dispatch them up. You can’t make the wind blow or the sun shine.”

Jason Tundermann, a vice president at Level 10 Energy, which promotes renewables, argued that before the morning and evening spikes flattened they were particularly profitable for fossil fuel plants. He suggested electricity demand will certainly pick up again. But an issue for renewable projects under development is that supply chain disruptions could cause them to miss tax credit deadlines.

With demand “on pause,” as Sawyer put it, and consumption more evenly spread through the day, the control room operators in East Greenbush have a somewhat different set of challenges. The main one, he said, is to be sure not to let those high-voltage transmission lines overload. Nuclear power shows up as a steady constant on the real-time dashboard; hydropower is much more up and down, depending on the capacity of transmission lines from the far northern and western parts of the state.

Some human habits are more reliably fixed. The wastewater that moves through New York City’s sewers — at a considerably slower pace than the electricity in the nearby wires — hasn’t shown any change in rhythm since the coronavirus struck, according to Edward Timbers, a spokesman for the city’s Department of Environmental Protection. People may be sleeping a little later, but the “big flush” still arrives at the wastewater treatment plants, about three hours or so downstream from the typical home or apartment, every day in the late morning, just as it always has.
 

 

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The German economy used to be the envy of the world. What happened?

Germany's Economic Downturn reflects an energy crisis, deindustrialization risks, export weakness, and manufacturing stress, amid Russia gas loss, IMF and EU recession forecasts, and debates over electricity price caps and green transition.

 

Key Points

An economic contraction from energy price shocks, export weakness, and bottlenecks in manufacturing and digitization.

✅ Energy shock after loss of cheap Russian gas

✅ Exports slump amid China slowdown and weak demand

✅ Policy gridlock on power price cap and permits

 

Germany went from envy of the world to the worst-performing major developed economy. What happened?

For most of this century, Germany racked up one economic success after another, dominating global markets for high-end products like luxury cars and industrial machinery, selling so much to the rest of the world that half the economy ran on exports.

Jobs were plentiful, the government’s financial coffers grew as other European countries drowned in debt, and books were written about what other countries could learn from Germany.

No longer. Now, Germany is the world’s worst-performing major developed economy, with both the International Monetary Fund and European Union expecting it to shrink this year.

It follows Russia’s invasion of Ukraine and the loss of Moscow’s cheap Russian gas that underpinned industry — an unprecedented shock to Germany’s energy-intensive industries, long the manufacturing powerhouse of Europe.

The sudden underperformance by Europe’s largest economy has set off a wave of criticism, handwringing and debate about the way forward.

Germany risks “deindustrialization” as high energy costs and government inaction on other chronic problems threaten to send new factories and high-paying jobs elsewhere, said Christian Kullmann, CEO of major German chemical company Evonik Industries AG.

From his 21st-floor office in the west German town of Essen, Kullmann points out the symbols of earlier success across the historic Ruhr Valley industrial region: smokestacks from metal plants, giant heaps of waste from now-shuttered coal mines, a massive BP oil refinery and Evonik’s sprawling chemical production facility.

These days, the former mining region, where coal dust once blackened hanging laundry, is a symbol of the energy transition, as the power sector’s balancing act continues with wind turbines and green space.

The loss of cheap Russian natural gas needed to power factories “painfully damaged the business model of the German economy,” Kullmann told The Associated Press. “We’re in a situation where we’re being strongly affected — damaged — by external factors.”

After Russia cut off most of its gas to the European Union, spurring an energy crisis in the 27-nation bloc that had sourced 40% of the fuel from Moscow, the German government asked Evonik to turn to coal by keeping its 1960s coal-fired power plant running a few months longer.

The company is shifting away from the plant — whose 40-story smokestack fuels production of plastics and other goods — to two gas-fired generators that can later run on hydrogen amid plans to become carbon neutral by 2030 and following the nuclear phase-out of recent years.

One hotly debated solution: a government-funded cap on industrial electricity prices to get the economy through the renewable energy transition, amid an energy crisis that even saw a temporary nuclear extension to stabilize supply.

The proposal from Vice Chancellor Robert Habeck of the Greens Party has faced resistance from Chancellor Olaf Scholz, a Social Democrat, and pro-business coalition partner the Free Democrats. Environmentalists say it would only prolong reliance on fossil fuels, while others advocate a nuclear option to meet climate goals.

Kullmann is for it: “It was mistaken political decisions that primarily developed and influenced these high energy costs. And it can’t now be that German industry, German workers should be stuck with the bill.”

The price of gas is roughly double what it was in 2021, with a senior official arguing nuclear would do little to solve that gas issue, hurting companies that need it to keep glass or metal red-hot and molten 24 hours a day to make glass, paper and metal coatings used in buildings and cars.

A second blow came as key trade partner China experiences a slowdown after several decades of strong economic growth.

These outside shocks have exposed cracks in Germany’s foundation that were ignored during years of success, including lagging use of digital technology in government and business and a lengthy process to get badly needed renewable energy projects approved.

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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