Sierra Club suing DOE over coal plant

By CNBC


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The Sierra Club has filed a federal lawsuit against the U.S. Department of Energy accusing the agency of providing incentives for a $2 billion coal plant in Mississippi without conducting an adequate environmental review of the project.

Mississippi Power Co. is building the 582-megawatt plant near the Liberty community in Kemper County. It will use a process that converts coal into a synthesis gas that can generate electricity with fewer emissions than existing pulverized coal power plants.

The suit filed on behalf of the San Francisco-based environmental group alleges DOE ignored the National Environmental Policy Act NEPA to consider other clean-energy alternatives that have been a focus of the Obama administration.

"The Department of Energy didn't play by the rules or the law in issuing the funding and financing for the Kemper County plant. It think it's unconscionable the U.S. taxpayer is being asked to pony up $600 million guarantee up to $2 billion," said Louie Miller, director of the Mississippi Sierra Club. "Why are we subsidizing a Fortune 500 company?"

The complaint names as defendants the agency its director Steven Chu Carol M. Borgstrom, director of DOE's Office of NEPA Policy and Compliance and Richard A. Hargis, Jr., the NEPA document manager for DOE's National Energy Technology Laboratory.

Tiffany Edwards, a DOE spokeswoman, said the agency officials "will review the complaint and we are confident we acted lawfully."

According to Mississippi Power's website, the coal plant project will receive a $270 million grant from the DOE to offset the cost of constructing the facility. The company said it also will receive $133 million in investment tax credits approved by the IRS provided under the National Energy Policy Act of 2005, and loan guarantees from the federal government. Mississippi Power has also applied for an additional $279 million in IRS tax credits, according to the site.

A spokeswoman for Mississippi Power didn't immediately respond to requests for comment.

"They're getting a lot of help from a lot of different places," said Abigail Dillen, an attorney Earthjustice, a nonprofit law firm that filed the suit on behalf of the Sierra Club.

In the complaint, the Sierra Club said President Obama has set a target date of 2035 for the country to get 80 percent of its electricity from clean energy technology. However, in administering federal grant and loan guarantee programs, the agency isn't challenging the industry to propose cutting-edge projects that rely on clean energy resources, the complaint said.

The Sierra Club has alleged the plant will emit 5.7 million tons and year.

Verdell Hawkins, Mississippi Power spokesman, said the facility will use technology that will capture 65 percent of the carbon emissions, which is the equivalent of a similarly sized natural gas plant.

The lawsuit said the DOE's selection process wasn't subject to public comment. The DOE opened its second of three rounds of solicitations for the Clean Coal Power Initiative in 2004. After receiving 13 applications, DOE prepared a summary environmental "critique" of eleven of the proposals based on information provided by the applicants, the suit said.

All the information in the environmental critique, including the identity of the applicants and the nature of the projects submitted, remains confidential, the suit said.

In late 2004, four projects were selected to receive CCPI funding. Among those, was the Kemper County plant, which was awarded $293 million, including a $23 million grant it had earlier received. The others included another coal-fired plant and two projects focused on pollution control technology for coal-fired power plants, according to the suit.

Dillen said the DOE received a "fairly unambitious array of projects" and decided to select among them rather than push companies to pursue more innovative plans that were in line with the clean energy initiative.

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Ukraine's parliament backs amendments to electricity market law

Ukraine Electricity Market Price Caps empower the regulator, the National Commission, to set marginal prices on day-ahead, intraday, and balancing markets, stabilize competition, support thermal plants, and sustain the heating season via green tariff obligations.

 

Key Points

Regulatory limits set by the National Commission to curb price spikes, ensure competition, and secure heat supply.

✅ Sets marginal prices for day-ahead, intraday, balancing markets

✅ Mitigates collusion risks; promotes effective competition

✅ Ensures TPP operation and heat supply during heating season

 

The Verkhovna Rada, Ukraine's parliament, has adopted at first reading a draft law that proposes giving the National Commission for State Regulation of Energy and Public Utilities the right to set marginal prices in the electricity market, amid EU market revamp plans that aim to reshape pricing, until 2023.

A total of 259 MPs voted for the document at a parliament meeting on Tuesday, November 12, amid electricity import pressures that have tested the grid, according to an Ukrinform correspondent.

Bill No. 2233 introducing amendments to the law on the electricity market provides for the legislative regulation of the mechanism for fulfilling special obligations for the purchase of electricity at a "green" tariff, preventing the uncontrolled growth of electricity prices due to the lack of effective competition, including recent price-fixing allegations that have raised concerns, ensuring heat supply to consumers during the heating period by regulating the issue of the functioning of thermal power plants in the new electricity market.

It is proposed to introduce respective amendments to the law of Ukraine on the electricity market, alongside steps toward synchronization with ENTSO-E to enhance system stability.

In particular, the draft law gives the regulator the right for the period until July 1, 2023 to set marginal prices on the day-ahead market, the intraday market and the balancing market for each trade zone, reflecting similar EU fixed-price contract initiatives being discussed, and to decide on the obligation for producers to submit proposals (applications) for the sale of electricity on the day-ahead market.

Lawmakers think that the adoption of the bill and empowering the regulator to set marginal prices in the relevant segments of the electricity market will prevent, even as rolling back prices in Europe remains difficult for policymakers, "an uncontrolled increase in electricity prices due to the lack of effective competition or collusion between market players, as well as regulate the issue of the functioning of thermal power plants during the autumn and winter period, which is a necessary prerequisite for providing heat to consumers during the heating period."

The new model of the electricity market was launched on July 1 as the UK weighs decoupling gas and power prices to shield consumers, in accordance with the provisions of the law on the electricity market, adopted in 2017.

 

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Senate Democrats push for passage of energy-related tax incentives

Senate Renewable Energy Tax Credits face Finance Committee scrutiny, with Democrats urging action on tax extenders, clean energy incentives, and climate policy, while Republicans cite prior wins in wind, biodiesel, and EV credits.

 

Key Points

Legislative incentives debated in the Senate Finance Committee to extend and align clean energy tax benefits.

✅ Democrats press hearings and action on energy tax policy

✅ Focus on clean energy, EVs, wind, biodiesel, and resilience

✅ Grassley cites prior extenders; disputes push for bigger subsidies

 

A group of 27 Democratic senators is calling for action in the Senate Finance Committee on extending energy-related tax credits and examining new tax proposals, especially those that incentivize renewable energy projects and align with FERC action on aggregated DERs across the grid.

Sen. Ron Wyden, D-Ore., the ranking Democrat on the Senate Finance Committee, who recently introduced a wildfire-resilient grid bill with Sen. Merkley, led the group of Democrats in writing a letter Tuesday to Sen. Charles Grassley, R-Iowa, who chairs the committee.

“Despite numerous opportunities, including in the recent tax extenders package, the Finance Committee has failed to take action on the dozens of energy tax proposals pending before it,” they wrote. “It is critical that the Committee move to address these issues in a timely manner, along with much needed policy changes that heed warnings on regulatory rollbacks to combat the damage and growing dangers caused by global climate change.”

The number of Americans ages 65 and over is projected to nearly double by 2060. And most would prefer to age in place and hiresenior caregivers if needed.

They pointed out that the Senate Finance Committee hasn’t held a single hearing on energy tax policy during the previous congressional term, and has yet to hold one in the current one.

“The sole energy tax-related recommendation of the Committee’s temporary policy task forces was ignored in the tax extender legislation passed in December 2019, along with nearly all proposals put forward in members’ legislation this Congress,” they wrote. “This Committee must fulfill its role in examining members’ energy tax proposals and in bolstering our nation’s efforts to combat climate change, including a clean electricity standard approach that sets firm targets.”

They noted that In 2019, the global average temperature was the second highest ever recorded and the past decade was the hottest ever. The lawmakers pointed to raging wildfires and increased flooding in the western part of the U.S., as well as challenges in California’s power system during the transition, causing unprecedented destruction over the past several years. They called for tax incentives for renewable energy to help combat climate change.

“Gaps in the tax code have disadvantaged complementary technologies that could improve climate resiliency and provide additional emissions reductions,” they wrote. “While power sector emissions continue to decrease, emissions from transportation, heavy industry and agriculture have stayed level or increased over the past 10 years, even amid $5 gas not spurring a green shift in consumer behavior. The United States is not on pace to meet its international climate commitments, to say nothing of the reductions necessary to stave off the worst potential outcomes of global warming.”

Grassley reacted to the letter, noting that he had worked to get tax extenders legislation passed, even as some states consider bans on clean energy use by utilities. "I begged Democrats for a year to help me get an extenders package passed, about half of which were green energy policies, so this rings hollow," he said in a statement Tuesday. "We wouldn’t have a wind energy credit or a biodiesel credit but for me, let alone an extension of either. Democrats were holding up these green energy provisions in an attempt to get a big expansion of taxpayer subsidies for rich Tesla owners."

 

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Overturning statewide vote, Maine court energizes Hydro-Quebec's bid to export power

Maine Hydropower Transmission Line revived by high court after referendum challenge, advancing NECEC, Hydro-Quebec supply, Central Maine Power partnership, clean energy integration, grid reliability, and lower rates across New England pending land-lease ruling.

 

Key Points

A court-revived NECEC line delivering 1,200 MW of Hydro-Quebec hydropower via CMP to strengthen the New England grid.

✅ Maine high court deems retroactive referendum unconstitutional

✅ Pending state land lease case may affect final route

✅ Project could lower rates and cut emissions in New England

 

Maine's highest court on Tuesday breathed new life into a $1-billion US transmission line that aims to serve as conduit for Canadian hydropower, after construction starts drew scrutiny, ruling that a statewide vote rebuking the project was unconstitutional.

The Supreme Judicial Court ruled that the retroactive nature of the referendum last year violated the project developer's constitutional rights, sending it back to a lower court for further proceedings.

The court did not rule in a separate case that focuses on a lease for a 1.6-kilometre portion of the proposed power line that crosses state land.

Central Maine Power's parent company and Hydro-Québec teamed up on the project that would supply up to 1,200 megawatts of Canadian hydropower, amid the ongoing Maine-Quebec corridor debate in the region. That's enough electricity for one million homes.

Most of the proposed 233-kilometre power transmission line would be built along existing corridors, but a new 85-kilometre section was needed to reach the Canadian border, echoing debates around the Northern Pass clash in New Hampshire.

Workers were already clearing trees and setting poles when the governor asked for work to be suspended after the referendum in November 2021, mirroring New Hampshire's earlier rejection of a Quebec-Massachusetts proposal that rerouted regional plans. The Maine Department of Environmental Protection later suspended its permit, but that could be reversed depending on the outcome of legal proceedings.

The high court was asked to weigh in on two separate lawsuits. Developers sought to declare the referendum unconstitutional while another lawsuit focused on a lease allowing transmission lines to cross a short segment of state-owned land.

Supporters say bold projects such as this one, funded by ratepayers in Massachusetts, are necessary to battle climate change and introduce additional electricity into a region that's heavily reliant on natural gas, which can cause spikes in energy costs, as seen with Nova Scotia rate increases recently across the Atlantic region.

Critics say the project's environmental benefits are overstated — and that it would harm the woodlands in western Maine.

It was the second time the Supreme Judicial Court was asked to weigh in on a referendum aimed at killing the project. The first referendum proposal never made it onto the ballot after the court raised constitutional concerns.

Although the project is funded by Massachusetts ratepayers, the introduction of so much electricity to the grid would serve to stabilize or reduce electricity rates for all consumers, proponents contend, even as Manitoba Hydro rate hikes face opposition elsewhere.

The referendum on the project was the costliest in Maine history, topping $90 million US and underscoring deep divisions.

The high-stakes campaign put environmental and conservation groups at odds, and pitted utilities backing the project, amid the Hydro One-Avista backlash, against operators of fossil fuel-powered plants that stand to lose money.

 

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Typical Ontario electricity bill set to increase nearly 2% as fixed pricing ends

Ontario Electricity Rates update: OEB sets time-of-use and tiered pricing for residential customers, with kWh charges for peak, mid-peak, and off-peak periods reflecting COVID-19 impacts on demand, supply costs, and pricing.

 

Key Points

Ontario Electricity Rates are OEB-set time-of-use and tiered prices that set per-kWh costs for residential customers.

✅ Time-of-use: 21.7 peak, 15.0 mid-peak, 10.5 off-peak cents/kWh

✅ Tiered: 12.6 cents/kWh up to 1000 kWh, then 14.6 cents/kWh

✅ Average 700 kWh home pays about $2.24 more per month

 

Energy bills for the typical Ontario home are going up by about two per cent with fixed pricing coming to an end on Nov. 1, the Ontario Energy Board says. 

The province's electricity regulator has released new time-of-use pricing and says the rate for the average residential customer using 700 kWh per month will increase by about $2.24.

The change comes as Ontario stretches into its eight month of the COVID-19 pandemic with new case counts reaching levels higher than ever seen before.

Time-of-use pricing had been scrapped for residential bills for much for the pandemic with a single fixed COVID-19 hydro rate set for all hours of the day. The move, which came into effect June 1, was meant "to support families, small business and farms while Ontario plans for the safe and gradual reopening of the province," the OEB said at the time.

Ontario later set the off-peak price until February 7 around the clock to provide additional relief.

Fixed pricing meant customers' bills reflected how much power they used, rather than when they used it. Customers were charged 12.8 cents/kWh under the COVID-19 recovery rate no matter their time of use.

Beginning November, the province says customers can choose between time-of-use and tiered pricing options. Rates for time-of-use plans will be 21.7 cents/kWh during peak hours, 15 cents/kWh for mid-peak use and 10.5 cents/kWh for off-peak use. 

Customers choosing tiered pricing will pay 12.6 cents/kWh for the first 1000 kWh each month and then 14.6 cents/kWh for any power used beyond that.

The energy board says the increase in pricing reflects "a combination of factors, including those associated with the COVID-19 pandemic, that have affected demand, supply costs and prices in the summer and fall of 2020."

Asked for his reaction to the move Tuesday, Premier Doug Ford said, "I hate it," adding the province inherited an energy "mess" from the previous Liberal government and are "chipping away at it."

 

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Cal ISO Warns Rolling Blackouts Possible, Calls For Conservation As Power Grid Strains

Cal ISO Flex Alert urges Southern California energy conservation as a Stage 2 emergency strains the power grid, with potential rolling blackouts during peak hours from 3 to 10 p.m., if demand exceeds supply.

 

Key Points

A statewide call to conserve power during high demand, issued by the grid operator to prevent rolling blackouts.

✅ Stage 2 emergency signals severe grid strain

✅ Peak Flex Alert hours: 3 to 10 p.m. statewide

✅ Set thermostats to 78 and avoid major appliances

 

Residents and businesses across Southern California were urged to conserve power Tuesday afternoon amid ongoing electricity inequities across the state as the manager of the state’s power grid warned rolling blackouts could be imminent for some power customers.

The California Independent System Operator (Cal ISO), which manages the state power grid, declared a Stage 2 emergency as of 2:30 p.m., indicating severe strain on the electrical system, similar to a recent grid alert in Alberta that relied on reserves.

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Rolling blackouts for some customers could occur in a Stage 3 emergency, distinct from the intentional shut-offs some utilities use to reduce wildfire risk.

Cal ISO issued a statewide Flex Alert in effect from 3 to 10 p.m. Tuesday and Wednesday, with conservation considered especially critical during those hours, a concern heightened by pandemic-era grid operations this year.

Officials told reporters rolling blackouts might be avoided Tuesday evening if residents repeat the level of conservation seen Monday.
“If we can get the same sort of response we got yesterday, we can minimize this, or perhaps avoid it altogether,” Cal-ISO President/CEO Steve Berberich said, noting that some operators have even planned staff lockdowns during COVID-19 to maintain reliability.

Cal-ISO controls roughly 80% of the state’s power grid through Southern California Edison, Pacific Gas and Electric Co., with the utility recently restoring power after shut-offs in affected communities, and San Diego Gas & Electric.

Residents are urged to set thermostats at 78 in the afternoon and evening hours and avoiding the use of air conditioning and major appliances during the Flex Alert hours, as utilities like PG&E prepare for winter storms to improve resilience.

 

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Germany should stop lecturing France on nuclear power, says Eon boss

EU Nuclear Power Dispute strains electricity market reform as Germany resists state aid for French reactors, while Eon urges cooperation to meet the energy transition, low-carbon goals, renewables integration, and cross-border power trade.

 

Key Points

A policy standoff between Germany and France over nuclear energy's role, state aid, and electricity market reforms.

✅ Germany opposes state aid for existing French nuclear plants.

✅ Eon CEO urges compromise to advance market reform and decarbonization.

✅ Cross-border trade shows reliance on French nuclear amid renewables push.

 

Germany should stop trying to impose its views on nuclear power on the rest of the EU, the head of one of Europe’s largest utilities has warned, as he stressed its importance in the region’s clean energy transition.

Leonhard Birnbaum, chief executive of German energy provider Eon, said Berlin should accept differences of opinion as he signalled his desire for a compromise with France to break a deadlock amid a nuclear power dispute over energy reforms.

Germany this year shut down its final three nuclear power plants as it followed through on a long-held promise to drop the use of the energy source, effectively turning its back on nuclear for now, while France has made it a priority to modernise its nuclear power plants.

The differences are delaying reforms to the region’s electricity market and legislation designed to meet greenhouse gas emissions targets.

One sticking point is Germany’s refusal to back French moves to allow governments to provide state aid to existing power plants, which could enable Paris to support the French nuclear fleet.

The Eon chief, whose company has 48mn customers across Europe, said it would be “better for everyone” if the two countries could approach the dispute with the mindset that “everyone does their part”, even as Germany has at times weighed a U-turn on the nuclear phaseout in recent debates.

“Neither the French will be able to persuade us to use nuclear power, nor we will be able to persuade them not to. That’s why I think we should take a different approach to the discussion,” he added.

Birnbaum said Germany “would do well to be a bit cautious about trying to impose our way on everyone else”. This approach was unlikely to be “crowned with success”.

“The better solution will not come from opposing each other, but from working together.”

Birnbaum made the comments at a press conference announcing Eon’s second-quarter results.

The company raised its profit outlook, predicting adjusted net income of €2.7bn to €2.9bn, and promised to reduce bills for customers as it hailed “diminishing headwinds” following the energy crisis caused by the war in Ukraine.

Birnbaum, whose company owned one of the three German nuclear plants shut down this year, pointed out that French nuclear energy was helping the conversion to a system of renewable energy in Germany at a time when Europe is losing nuclear power just when it needs energy.

This was a reference to Europe’s shared power market that allows countries to buy and sell electricity from one another. 

Germany has been a net importer of French electricity since shutting down its own nuclear plants, which last month prompted the French energy minister Agnès Pannier-Runacher to accuse Berlin of hypocrisy. 

“It’s a contradiction to massively import French nuclear energy while rejecting every piece of EU legislation that recognises the value of nuclear as a low-carbon energy source,” Pannier-Runacher told the German business daily Handelsblatt.

She also criticised Berlin’s drive to use new gas-fired power plants as a “bridge” to its target of being carbon neutral by 2045, even as some German officials contend that nuclear won’t solve the gas issue in the near term, arguing that it created a “credibility problem” for Germany: “Gas is a fossil fuel.”

Berlin officials responded by pointing out that Germany was a net exporter of electricity to France over the winter when its nuclear power stations were struggling to produce because of maintenance problems. 

They added that the country only imported French power because it was cheaper, not because their country was suffering shortages.

Berlin argues that renewable energy is cleaner and safer than nuclear, despite renewable rollout challenges linked to cheap Russian gas and grid expansion, and accuses France of seeking to protect the interests of its nuclear industry.

In Paris, officials see Germany’s resistance to nuclear energy as wrong-headed given the need to fight climate change effectively, and worry it is an attempt to undercut a key aspect of French industrial competitiveness.
 

 

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