Provinces continue to back nuclear power

By Reuters


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Key Canadian provinces reaffirmed their support for nuclear power and the national regulator declared the country's generating stations safe even as Japan's crisis spurred other nations to back away from nuclear.

Ontario, Canada's most populous province, said there was no change in its plans to keep the nuclear-powered portion of its electricity output at 50 percent.

"The government's long-term energy plan speaks to the need to replace some of our nuclear facilities over the coming decade. There will be a thorough environmental assessment of the proposal," Ontario energy ministry spokesman Andrew Block said in an email.

Ontario unveiled a 20-year energy plan late last year that includes investing $33 billion to build two new nuclear reactors at its Darlington nuclear power station, east of Toronto, and modernizing some other existing units.

Ontario is generally regarded as a region of low seismic activity and the Canadian Nuclear Safety Commission has been quick to reassure the public of its confidence in the safety of Canada's nuclear reactors.

Japan faced a potential catastrophe after an earthquake-crippled nuclear power plant exploded and sent low levels of radiation towards Tokyo.

In response, Germany said it would shut down all seven of its nuclear power plants that began operating before 1980, at least until June. The European Union said it wanted to set stress tests for reactors in the bloc.

The province of New Brunswick, on Canada's East Coast, gets 25-30 percent of its power from a single nuclear station. It is continuing talks with French reactor maker Areva on building a second reactor at its Point Lepreau power plant, provincial Energy Minister Craig Leonard said.

In Alberta, Energy Minister Ron Liepert refused to rule out the possibility of allowing nuclear power in that power-hungry Western province. But he pointed out that no company is applying to build a reactor.

"In Alberta we have an open, competitive generation marketplace," he said at a heavy oil conference in Edmonton. "Anyone who wants to invest in any kind of technology is open to do so if they meet the regulatory and various approvals that are required. There is no application on the books I'm aware of so it's really... irrelevant."

The nuclear debate has boiled over at times in Alberta, where nuclear has been proposed as a way to power the province's massive oil sands developments. In 2008, nuclear generator Bruce Power proposed building up to four reactors in the Peace River area of northern Alberta to power oil sands projects.

Critics have said the region is subject to seismic activity, which creates risks for such an operation. However, earthquakes are not nearly as severe as on the Pacific Coast where the province of British Columbia forbids the building of nuclear power plants.

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PG&E's bankruptcy plan wins support from wildfire victims

PG&E Bankruptcy Plan outlines wildfire victims compensation via a $13.5B trust funded by cash and stock, aiming CPUC and court approval before June 30 to access the state wildfire insurance fund and finalize settlement.

 

Key Points

A regulator-approved plan funding a $13.5B wildfire victims trust with cash and PG&E stock to exit bankruptcy.

✅ $13.5B trust split between cash and PG&E shares

✅ Targets CPUC and court approval to meet June 30 deadline

✅ Accesses state wildfire insurance fund for future risks

 

Pacific Gas & Electric's plan for getting out of bankruptcy has won overwhelming support from the victims of deadly Northern California wildfires ignited by the utility's fraying electrical grid, while some have pursued mega-fire lawsuits through the courts as well, despite concerns that they will be shortchanged by a $13.5 billion fund that's supposed to cover their losses.

The company announced the preliminary results of the vote on Monday without providing a specific tally. Those numbers are supposed to be filed with U.S. Bankruptcy Judge Dennis Montali by Friday.

The backing of the wildfire victims keeps PG&E on track to meet a June 30 deadline to emerge from bankruptcy in time to qualify for a coverage from a California wildfire insurance fund created to help protect the utility from getting into financial trouble again.

The current bankruptcy case, which began early last year, will require PG&E to pay out about $25.5 billion to cover the devastation caused by its neglect, including a Camp Fire guilty plea that underscored liabilities in court proceedings. It's the second time in less than 20 years that PG&E has filed for bankruptcy.

The backing for PG&E's plan isn't a surprise, even though some of the roughly 80,000 wildfire victims had been trying to rally resistance to what they consider to be a deeply flawed plan. The misgivings mostly center on the massive debt that the utility will take on to finance the plan and uncertainties about the fluctuating value of the $6.75 billion in company stock that comprises half of the $13.5 billion promised them.

As it became apparent that the COVID-19 pandemic would drive the economy into a deep recession, PG&E's shares plunged along with the rest of the stock market during March, even as it announced pandemic response measures for customers and employees during that period. That led one financial expert to estimate the PG&E stock earmarked for the wildfire victims' trust would be worth only $4.85 billion, a nearly 30% markdown.

But PG&E's stock price has rebounded in recent weeks and it's now worth more than it was when the deal setting up the victims' trust was struck last December. The shares surged more than 8% to $12.28 in Monday's late afternoon trading. The stock stood at $9.65 when PG&E reached its settlement the wildfire victims.

Critics of the utility's plan also are upset because the company still hasn't specified when the fire victims will be able to sell the shares. It now seems likely the victims will have to hold the stock through the upcoming wildfire season in Northern California, raising the specter that another calamity caused by the utility's badly outdated equipment, as power line fire reports have underscored, could cause the shares to plummet before they can cash out.

A petition signed by more than 3,100 wildfire victims recently urged Gov. Gavin Newsom to consider pushing back the deadline for qualifying for the state's wildfire from June 30 to late August to allow for more time to revise PG&E's plan, as many also turn to a wildfire assistance program for interim aid while they wait. Newsom's office hasn't responded to inquiry about the plan from The Associated Press.

But the lawyers representing the wildfire victims advised their clients to vote in favor of PG&E's plan, contending that it's the best deal they are going to get.

PG&E still must get its plan approved by the judge supervising its case, and a recent judge order on dividend use underscores the focus on wildfire mitigation. The confirmation hearings are scheduled to begin May 27. The judge, though, has indicated he will give great weight to the wishes of the wildfire victims.

California state regulators also must approve PG&E's plan, amid projections that rates will stabilize in 2025 for customers. A vote on that is scheduled Thursday before the Public Utilities Commission.

 

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Crossrail will generate electricity using the wind created by trains

Urban Piezoelectric Energy Textiles capture wind-driven motion on tunnels, bridges, and facades, enabling renewable microgeneration for smart cities with decentralized power, resilient infrastructure, and flexible lamellae sheets that harvest airflow vibrations.

 

Key Points

Flexible piezoelectric sheets that convert urban wind and vibration into electricity on tunnels, bridges, and facades.

✅ Installed on London Crossrail to test airflow energy capture

✅ Flexible lamellae panels retrofit tunnels, bridges, facades

✅ Supports decentralized, resilient urban microgrids

 

Charlotte Slingsby and her startup Moya Power are researching piezo-electric textiles that gain energy from movement, similar to advances like a carbon nanotube energy harvester being explored by materials researchers. It seems logical that Slingsby originally came from a city with a reputation for being windy: “In Cape Town, wind is an energy source that you cannot ignore,” says the 27-year-old, who now lives in London.

Thanks to her home city, she also knows about power failures. That’s why she came up with the idea of not only harnessing wind as an alternative energy source by setting up wind farms in the countryside or at sea, but also for capturing it in cities using existing infrastructure.

 

The problem

The United Nations estimates that by 2050, two thirds of the world’s population will live in cities. As a result, the demand for energy in urban areas will increase dramatically, spurring interest in nighttime renewable technology that can operate when solar and wind are variable. Can the old infrastructure grow fast enough to meet demand? How might we decentralise power generation, moving it closer to the residents who need it?

For a pilot project, she has already installed grids of lamellae-covered plastic sheets in tunnels on London Crossrail routes; the draft in the tube causes the protrusions to flutter, which then generates electricity.

“If we all live in cities that need electricity, we need to look for new, creative ways to generate it, including nighttime solar cells that harvest radiative cooling,” says Slingsby, who studied design and engineering at Imperial College and the Royal College of Art. “I wanted to create something that works in different situations and that can be flexibly adapted, whether you live in an urban hut or a high-rise.”

The yield is low compared to traditional wind power plants and is not able to power whole cities, but Slingsby sees Moya Power as just a single element in a mixture of urban energy sources, alongside approaches like gravity power that aid grid decarbonization.

In the future, Slingsby’s invention could hang on skyscrapers, in tunnels or on bridges – capturing power in the windiest parts of the city, alongside emerging air-powered generators that draw energy from humidity. The grey concrete of tunnels and urban railway cuttings could become our cities’ most visually appealing surfaces...

 

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New York State to investigate sites for offshore wind projects

NYSERDA Offshore Wind Data initiative funds geophysical and geotechnical surveys, seabed and soil studies on New York's shelf to accelerate siting, optimize foundation design, reduce costs, and advance clean energy deployment.

 

Key Points

State funding to support surveys and soil studies guiding offshore wind siting, design, and cost reduction.

✅ Up to $5.5M for geophysical and geotechnical data collection

✅ Focus on seabed soils, shelf geology, and foundation design inputs

✅ Accelerates siting, reduces risk, and lowers offshore wind costs

 

The New York State Energy Research and Development Authority (NYSERDA) is investing up to $5.5 million for the collection of geophysical and geotechnical data to determine future offshore wind development sites.

The funding is to look at seabed soil and geological data for the preliminary design and installation requirements for future offshore wind projects. Its part of N.Y. Gov. Andrew Cuomos plan to develop 9,000 megawatts of offshore wind energy by 2035.

Todays announcement is another step in Governor Cuomos steadfast march to achieving 9,000 megawatts of offshore wind by 2035, putting New York in a clear national leadership position when it comes to advancing this new industry through large-scale energy projects across the state. The surveys NYSERDA will be funding under this solicitation will expand the offshore wind industrys access to geophysical and geotechnical data that will provide the foundation for future offshore wind development in these areas, and accelerate project development while driving down costs, NYSERDA President and CEO Alicia Barton said.

NYSERDA will select one or more contractors to do the investigations, while recent DOE wind energy awards support complementary research, and develop a model for describing geophysical and geotechnical conditions. NYSERDA will also select a contractor to support project management and host the data that is collected. The submission deadline is Jan. 21, 2020.

Todays announcement builds on the data collected in a Geotechnical and Geophysical Desktop Study also released today, which includes information on the middle continental shelf off the shore of New York and New Jersey, where BOEM lease requests are shaping activity, creating a regional overview of the seafloor and sub-seafloor environment as it relates to offshore wind development.

Strong knowledge of environmental conditions and factors, including seabed soil conditions, are essential for the installation of offshore projects, such as Long Island proposals, but only a limited amount of soil sampling and testing has been undertaken to date.

The collection of geophysical and geotechnical data from areas off of New Yorks Atlantic coast is yet another demonstration of New Yorks leadership promoting the responsible development of offshore wind. The data generated by this initiative will ultimately lead to better projects, lower cost, and enhanced safety. New York is leading the way to a clean energy future, as the state finalizes renewable project contracts that expand capacity, and relying on data collection and sound science to get us there, New York Offshore Wind Alliance Director Joe Martens said.

 

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Summerland solar power project will provide electricity

Summerland Solar+Storage Project brings renewable energy to a municipal utility with photovoltaic panels and battery storage, generating 1,200 megawatts from 3,200 panels on Cartwright Mountain to boost grid resilience and local clean power.

 

Key Points

A municipal solar PV and battery system enabling Summerland Power to self-generate electricity on Cartwright Mountain.

✅ 3,200 panels, 20-year batteries, 35-year panel lifespan

✅ Estimated $7M cost, $6M in grants, utility reserve funding

✅ Site near grid lines; 2-year timeline with 18-month lead

 

A proposed solar energy project, to be constructed on municipally-owned property on Cartwright Mountain, will allow Summerland Power to produce some of its own electricity, similar to how Summerside's wind power supplies a large share locally.

On Monday evening, municipal staff described the Solar+Storage project, aligning with insights from renewable power developers that combining resources yields better projects.

The project will include around 3,200 solar panels and storage batteries, giving Summerland Power the ability to generate 1,200 megawatts of electrical power.

This is the amount of energy used by 100 homes over the course of a year.

The solar panels have an estimated life expectancy of 35 years, while the batteries have a life expectancy of 20 years.

“It’s a really big step for a small utility like ours,” said Tami Rothery, sustainability/alternative energy coordinator for Summerland. “We’re looking forward to moving towards a bright, sunny energy future.”

She said the price of solar panels has been dropping, with lower-cost solar contracts reported in Alberta, and the quality and efficiency of the panels has increased in recent years.

The total cost of the project is around $7 million, with $6 million to come from grant funding and the remainder to come from the municipality’s electrical utility reserve fund, while policy changes such as Nova Scotia's solar charge delay illustrate evolving market conditions.

The site, a former public works yard and storage area, was selected from 108 parcels of land considered by the municipality.

She said the site, vacant since the 1970s, is close to main electrical lines and will not be highly visible once the panels are in place, much like unobtrusive rooftop solar arrays in urban settings.

Access to the site is restricted, resulting in natural security to the solar installation.

Jeremy Storvold, general manager of Summerland’s electrical utility, said the site is 2.5 kilometres from the Prairie Valley electrical substation and close to the existing public works yard.

However, some in the audience on Monday questioned the location of the proposed solar installation, suggesting the site would be better suited for affordable housing in the community.

The timeline for the project calls for roughly two years before the work will be completed, since there is an 18-month lead time in order to receive good quality solar panels, reflecting the surge in Alberta's solar growth that is straining supply chains.

 

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Longer, more frequent outages afflict the U.S. power grid as states fail to prepare for climate change

Power Grid Climate Resilience demands storm hardening, underground power lines, microgrids, batteries, and renewable energy as regulators and utilities confront climate change, sea level rise, and extreme weather to reduce outages and protect vulnerable communities.

 

Key Points

It is the grid capacity to resist and recover from climate hazards using buried lines, microgrids, and batteries.

✅ Underground lines reduce wind outages and wildfire ignition risk.

✅ Microgrids with solar and batteries sustain critical services.

✅ Regulators balance cost, resilience, equity, and reliability.

 

Every time a storm lashes the Carolina coast, the power lines on Tonye Gray’s street go down, cutting her lights and air conditioning. After Hurricane Florence in 2018, Gray went three days with no way to refrigerate medicine for her multiple sclerosis or pump the floodwater out of her basement.

What you need to know about the U.N. climate summit — and why it matters
“Florence was hell,” said Gray, 61, a marketing account manager and Wilmington native who finds herself increasingly frustrated by the city’s vulnerability.

“We’ve had storms long enough in Wilmington and this particular area that all power lines should have been underground by now. We know we’re going to get hit.”

Across the nation, severe weather fueled by climate change is pushing aging electrical systems past their limits, often with deadly results. Last year, amid increasing nationwide blackouts, the average American home endured more than eight hours without power, according to the U.S. Energy Information Administration — more than double the outage time five years ago.

This year alone, a wave of abnormally severe winter storms caused a disastrous power failure in Texas, leaving millions of homes in the dark, sometimes for days, and at least 200 dead. Power outages caused by Hurricane Ida contributed to at least 14 deaths in Louisiana, as some of the poorest parts of the state suffered through weeks of 90-degree heat without air conditioning.

As storms grow fiercer and more frequent, environmental groups are pushing states to completely reimagine the electrical grid, incorporating more grid-scale batteries, renewable energy sources and localized systems known as “microgrids,” which they say could reduce the incidence of wide-scale outages. Utility companies have proposed their own storm-proofing measures, including burying power lines underground.

But state regulators largely have rejected these ideas, citing pressure to keep energy rates affordable. Of $15.7 billion in grid improvements under consideration last year, regulators approved only $3.4 billion, according to a national survey by the NC Clean Energy Technology Center — about one-fifth, highlighting persistent vulnerabilities in the grid nationwide.

After a weather disaster, “everybody’s standing around saying, ‘Why didn’t you spend more to keep the lights on?’ ” Ted Thomas, chairman of the Arkansas Public Service Commission, said in an interview with The Washington Post. “But when you try to spend more when the system is working, it’s a tough sell.”

A major impediment is the failure by state regulators and the utility industry to consider the consequences of a more volatile climate — and to come up with better tools to prepare for it. For example, a Berkeley Lab study last year of outages caused by major weather events in six states found that neither state officials nor utility executives attempted to calculate the social and economic costs of longer and more frequent outages, such as food spoilage, business closures, supply chain disruptions and medical problems.

“There is no question that climatic changes are happening that directly affect the operation of the power grid,” said Justin Gundlach, a senior attorney at the Institute for Policy Integrity, a think tank at New York University Law School. “What you still haven’t seen … is a [state] commission saying: 'Isn’t climate the through line in all of this? Let’s examine it in an open-ended way. Let’s figure out where the information takes us and make some decisions.’ ”

In interviews, several state commissioners acknowledged that failure.

“Our electric grid was not built to handle the storms that are coming this next century,” said Tremaine L. Phillips, a commissioner on the Michigan Public Service Commission, which in August held an emergency meeting to discuss the problem of power outages. “We need to come up with a broader set of metrics in order to better understand the success of future improvements.”

Five disasters in four years
The need is especially urgent in North Carolina, where experts warn Atlantic grids and coastlines need a rethink as the state has declared a federal disaster from a hurricane or tropical storm five times in the past four years. Among them was Hurricane Florence, which brought torrential rain, catastrophic flooding and the state’s worst outage in over a decade in September 2018.

More than 1 million residents were left disconnected from refrigerators, air conditioners, ventilators and other essential machines, some for up to two weeks. Elderly residents dependent on oxygen were evacuated from nursing homes. Relief teams flew medical supplies to hospitals cut off by flooded roads. Desperate people facing closed stores and rotting food looted a Wilmington Family Dollar.

“I have PTSD from Hurricane Florence, not because of the actual storm but the aftermath,” said Evelyn Bryant, a community organizer who took part in the Wilmington response.

The storm reignited debate over a $13 billion proposal by Duke Energy, one of the largest power companies in the nation, to reinforce the state’s power grid. A few months earlier, the state had rejected Duke’s request for full repayment of those costs, determining that protecting the grid against weather is a normal part of doing business and not eligible for the type of reimbursement the company had sought.

After Florence, Duke offered a smaller, $2.5 billion plan, along with the argument that severe weather events are one of seven “megatrends” (including cyberthreats and population growth) that require greater investment, according to a PowerPoint presentation included in testimony to the state. The company owns the two largest utilities in North Carolina, Duke Energy Carolinas and Duke Energy Progress.

Vote Solar, a nonprofit climate advocacy group, objected to Duke’s plan, saying the utility had failed to study the risks of climate impacts. Duke’s flood maps, for example, had not been updated to reflect the latest projections for sea level rise, they said. In testimony, Vote Solar claimed Duke was using environmental trends to justify investments “it had already decided to pursue.”

The United States is one of the few countries where regulated utilities are usually guaranteed a rate of return on capital investments, even as studies show the U.S. experiences more blackouts than much of the developed world. That business model incentivizes spending regardless of how well it solves problems for customers and inspires skepticism. Ric O’Connell, executive director of GridLab, a nonprofit group that assists state and regional policymakers on electrical grid issues, said utilities in many states “are waving their hands and saying hurricanes” to justify spending that would do little to improve climate resilience.

In North Carolina, hurricanes convinced Republicans that climate change is real

Duke Energy spokesman Jeff Brooks acknowledged that the company had not conducted a climate risk study but pointed out that this type of analysis is still relatively new for the industry. He said Duke’s grid improvement plan “inherently was designed to think about future needs,” including reinforced substations with walls that rise several feet above the previous high watermark for flooding, and partly relied on federal flood maps to determine which stations are at most risk.

Brooks said Duke is not using weather events to justify routine projects, noting that the company had spent more than a year meeting with community stakeholders and using their feedback to make significant changes to its grid improvement plan.

This year, the North Carolina Utilities Commission finally approved a set of grid improvements that will cost customers $1.2 billion. But the commission reserved the right to deny Duke reimbursement of those costs if it cannot prove they are prudent and reasonable. The commission’s general counsel, Sam Watson, declined to discuss the decision, saying the commission can comment on specific cases only in public orders.

The utility is now burying power lines in “several neighborhoods across the state” that are most vulnerable to wide-scale outages, Brooks said. It is also fitting aboveground power lines with “self-healing” technology, a network of sensors that diverts electricity away from equipment failures to minimize the number of customers affected by an outage.

As part of a settlement with Vote Solar, Duke Energy last year agreed to work with state officials and local leaders to further evaluate the potential impacts of climate change, a process that Brooks said is expected to take two to three years.

High costs create hurdles
The debate in North Carolina is being echoed in states across the nation, where burying power lines has emerged as one of the most common proposals for insulating the grid from high winds, fires and flooding. But opponents have balked at the cost, which can run in the millions of dollars per mile.

In California, for example, Pacific Gas & Electric wants to bury 10,000 miles of power lines, both to make the grid more resilient and to reduce the risk of sparking wildfires. Its power equipment has contributed to multiple deadly wildfires in the past decade, including the 2018 Camp Fire that killed at least 85 people.

PG&E’s proposal has drawn scorn from critics, including San Jose Mayor Sam Liccardo, who say it would be too slow and expensive. But Patricia Poppe, the company’s CEO, told reporters that doing nothing would cost California even more in lost lives and property while struggling to keep the lights on during wildfires. The plan has yet to be submitted to the state, but Terrie Prosper, a spokeswoman for the California Public Utilities Commission, said the commission has supported underground lines as a wildfire mitigation strategy.

Another oft-floated solution is microgrids, small electrical systems that provide power to a single neighborhood, university or medical center. Most of the time, they are connected to a larger utility system. But in the event of an outage, microgrids can operate on their own, with the aid of solar energy stored in batteries.

In Florida, regulators recently approved a four-year microgrid pilot project, but the technology remains expensive and unproven. In Maryland, regulators in 2016 rejected a plan to spend about $16 million for two microgrids in Baltimore, in part because the local utility made no attempt to quantify “the tangible benefits to its customer base.”

Amid shut-off woes, a beacon of energy

In Texas, where officials have largely abandoned state regulation in favor of the free market, the results have been no more encouraging. Without requirements, as exist elsewhere, for building extra capacity for times of high demand or stress, the state was ill-equipped to handle an abnormal deep freeze in February that knocked out power to 4 million customers for days.

Since then, Berkshire Hathaway Energy and Starwood Energy Group each proposed spending $8 billion to build new power plants to provide backup capacity, with guaranteed returns on the investment of 9 percent, but the Texas legislature has not acted on either plan.

New York is one of the few states where regulators have assessed the risks of climate change and pushed utilities to invest in solutions. After 800,000 New Yorkers lost power for 10 days in 2012 in the wake of Hurricane Sandy, state regulators ordered utility giant Con Edison to evaluate the state’s vulnerability to weather events.

The resulting report, which estimated climate risks could cost the company as much as $5.2 billion by 2050, gave ConEd data to inform its investments in storm hardening measures, including new storm walls and submersible equipment in areas at risk of flooding.

Meanwhile, the New York Public Service Commission has aggressively enforced requirements that utility companies keep the lights on during big storms, fining utility providers nearly $190 million for violations including inadequate staffing during Tropical Storm Isaias in 2020.

“At the end of the day, we do not want New Yorkers to be at the mercy of outdated infrastructure,” said Rory M. Christian, who last month was appointed chair of the New York commission.

The price of inaction
In North Carolina, as Duke Energy slowly works to harden the grid, some are pursuing other means of fostering climate-resilient communities.

Beth Schrader, the recovery and resilience director for New Hanover County, which includes Wilmington, said some of the people who went the longest without power after Florence had no vehicles, no access to nearby grocery stores and no means of getting to relief centers set up around the city.

For example, Quanesha Mullins, a 37-year-old mother of three, went eight days without power in her housing project on Wilmington’s east side. Her family got by on food from the Red Cross and walked a mile to charge their phones at McDonald’s. With no air conditioning, they slept with the windows open in a neighborhood with a history of violent crime.

Schrader is working with researchers at the University of North Carolina in Charlotte to estimate the cost of helping people like Mullins. The researchers estimate that it would have cost about $572,000 to provide shelter, meals and emergency food stamp benefits to 100 families for two weeks, said Robert Cox, an engineering professor who researches power systems at UNC-Charlotte.

Such calculations could help spur local governments to do more to help vulnerable communities, for example by providing “resilience outposts” with backup power generators, heating or cooling rooms, Internet access and other resources, Schrader said. But they also are intended to show the costs of failing to shore up the grid.

“The regulators need to be moved along,” Cox said.

In the meantime, Tonye Gray finds herself worrying about what happens when the next storm hits. While Duke Energy says it is burying power lines in the most outage-prone areas, she has yet to see its yellow-vested crews turn up in her neighborhood.

“We feel,” she said, “that we’re at the end of the line.”

 

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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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