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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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Wind And Solar Energy Growth is reshaping the global power mix, accelerating grid decarbonization as coal declines; boosted by pandemic demand drops, renewables now supply near 10% of electricity, advancing climate targets toward net-zero trajectories.

Key Points

It is the rise in wind and solar's share of electricity, driving decarbonization and displacing coal globally.

✅ Share doubled in five years across 83% of global electricity

✅ Coal's share fell; renewables neared 10% in H1 2020

✅ Growth still insufficient for 1.5 C; needs ~13% coal cuts yearly

Wind and solar energy doubled its share of the global power mix over the last five years, with renewable power records underscoring the trend, moving the world closer to a path that would limit the worst effects of global warming.

The sources of renewable energy made up nearly 10% of power in most parts of the world in the first half of this year, according to analysis from U.K. environmental group Ember, while globally over 30% of electricity is renewable in broader assessments.

That decarbonization of the power grid was boosted this year as shutdowns to contain the coronavirus reduced demand overall, leaving renewables to pick up the slack.

Ember analyzed generation in 48 countries that represent 83% of global electricity. The data showed wind and solar power increased 14% in the first half of 2020 compared with the same period last year while global demand fell 3% because of the impact of the coronavirus.

At the same time that wind turbines and solar panels have proliferated, coal’s share of the mix has fallen around the world. In some, mainly western European countries, where renewables surpassed fossil fuels, coal has been all but eliminated from electricity generation.

China relied on the dirtiest fossil fuel for 68% of its power five years ago, and solar PV growth in China has accelerated since then. That share dipped to 62% this year and renewables made up 10% of all electricity generated.

Still, the growth of renewables may not be going fast enough for the world to hit its climate goals, even as the U.S. is projected to have one-fourth of electricity from renewables soon, and coal is still being burnt for power in many parts of the world.

Coal use needs to fall by about 79% by 2030 from last year’s levels - a fall of 13% every year throughout the decade to come, and in the U.S. renewable electricity surpassed coal in 2022, Ember said.

New installations of wind farms are set to hold more or less steady in the next five years, according to data from BloombergNEF on deployment trends. That will make it difficult to realize a sustained pace of doubling renewable power every five years.

“If your expectations are that we need to be on target for 1.5 degrees, clearly we’re not going fast enough,” said Dave Jones, an analyst at Ember. “We’re not on a trajectory where we’re reducing coal emissions fast enough.”

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Amazon Renewable Energy Projects advance net zero goals with a Scotland wind farm PPA and US solar farms in North Carolina and Virginia, delivering clean power, added capacity, and lower carbon emissions across cloud operations.

Key Points

Amazon initiatives adding wind and solar capacity in the UK and US to cut carbon and power cloud operations.

✅ Largest UK corporate wind PPA on Scotland Kintyre Peninsula

✅ Two US solar farms in North Carolina and Virginia

✅ 265 MW added capacity, 668,997 MWh clean power annually

Amazon is launching three renewable energy projects in the United States and the United Kingdom that support Amazon’s commitment to using net zero carbon energy by 2040.

The U.K. project is a wind farm on the Kintyre Peninsula in Scotland, aligned with a 10 GW renewables contract boosting the U.K. grid. It will generate 168,000 megawatt hours (MWh) of clean energy each year, enough to power 46,000 U.K. homes. It will be the largest corporate wind power purchase agreement (PPA) in the U.K.

Offshore wind energy in the UK is powering up rapidly, complementing onshore developments.

The other two are solar projects – one in Warren County, N.C, and the other in Prince George County, Va, reflecting broader US solar and wind growth trends nationwide. Together, they are expected to generate 500,997 MWh of energy annually. It is Amazon’s second renewable energy project in North Carolina, following the Amazon Wind Farm US East operated by Avangrid Renewables, and eighth in Virginia.

The three new Amazon wind and solar projects – which are expected to be in operation in 2012 — will provide 265 MW of additional renewable capacity, and align with U.K. wind power lessons for the U.S. market nationwide.

“In addition to the environmental benefits inherently associated with running applications in the cloud, Amazon is committed to minimizing our carbon emissions and reaching 80% renewable energy use across the company by 2024. We’ve announced eight projects this year and have more projects on the horizon – and we’re committed to investing in renewable energy as a critical step toward addressing our carbon footprint globally,” Kara Hurst, director of sustainability at Amazon, said. “With nearly 70 renewable energy projects around the globe – including 54 solar rooftops – we are making significant progress towards reaching Amazon’s company-wide commitment to reach 100% renewable energy by 2030.”

Amazon has launched 18 utility-scale wind and solar renewable energy projects to date, and in parallel, Duke Energy Renewables has acquired three California solar projects, underscoring sector momentum. They will generate over 1,600 MW of renewable capacity and deliver more than 4.6 million MWh of clean energy annually. Amazon has also installed more than 50 solar rooftops on fulfillment centers and sort centers around the world. They generate 98 MW of renewable capacity and deliver 130,000 MWh of clean energy annually.

“Today’s announcement by Amazon is another important step for North Carolina’s clean energy plan that will increase our reliance on renewables and reduce our greenhouse gas emissions,” North Carolina Governor Roy Cooper said. “Not only is this the right thing to do for our planet, it’s the right thing to do for our economy. More clean energy jobs means better jobs for North Carolina families.”

Amazon reports on its sustainability commitments, initiatives, and performance on a new web site the company recently launched. It includes information on Amazon’s carbon footprint and other metrics and updates the company’s progress towards reaching The Climate Pledge. 

“It’s wonderful to see the announcement of these new projects, helping bring more clean energy to the Commonwealth of Virginia where Amazon is already recognized as a leader in bringing renewable energy projects online,” Virginia Governor Ralph Northam said. “These solar farms help reaffirm the Commonwealth’s role as a leading producer of clean energy in the U.S., helping take the nation forward in responding to climate change.”

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UAE Nuclear Power Plant launches the Barakah facility, delivering clean electricity to the Middle East under IAEA safeguards amid Gulf tensions, proliferation risks, and debates over renewables, natural gas, grid resilience, and energy security.

Key Points

The UAE Nuclear Power Plant, Barakah, is a civilian facility expected to supply 25% of electricity under IAEA oversight.

✅ Barakah reactors target 25% of national electricity.

✅ Operates under IAEA oversight, no enrichment per US 123 deal.

✅ Raises regional security, proliferation, and environmental concerns.

The United Arab Emirates became the first Arab country to open a nuclear power plant on Saturday, following a crucial step in Abu Dhabi earlier in the project, raising concerns about the long-term consequences of introducing more nuclear programs to the Middle East.

Two other countries in the region — Israel and Iran — already have nuclear capabilities. Israel has an unacknowledged nuclear weapons arsenal and Iran has a controversial uranium enrichment program that it insists is solely for peaceful purposes.

The U.A.E., a tiny nation that has become a regional heavyweight and international business center, said it built the plant to decrease its reliance on the oil that has powered and enriched the country and its Gulf neighbors for decades. It said that once its four units were all running, the South Korean-designed plant would provide a quarter of the country’s electricity, with Unit 1 reaching 100% power as a milestone toward commercial operations.

Seeking to quiet fears that it was trying to build muscle to use against its regional rivals, it has insisted that it intends to use its nuclear program only for energy purposes.

But with Iran in a standoff with Western powers over its nuclear program, Israel in the neighborhood and tensions high among Gulf countries, some analysts view the new plant — and any that may follow — as a security and environmental headache. Other Arab countries, including Saudi Arabia and Iraq, are also starting or planning nuclear energy programs.

The Middle East is already riven with enmities that pit Saudi Arabia and the U.A.E. against Iran, Qatar and Iran’s regional proxies. One of those proxies, the Yemen-based Houthi rebel group, claimed an attack on the Barakah plant when it was under construction in 2017.

And Iran is widely believed to be behind a series of attacks on Saudi oil facilities and oil tankers passing through the Gulf over the last year.

“The UAE’s investment in these four nuclear reactors risks further destabilizing the volatile Gulf region, damaging the environment and raising the possibility of nuclear proliferation,” Paul Dorfman, a researcher at University College London’s Energy Institute, wrote in an op-ed in March.

Noting that the U.A.E. had other energy options, including “some of the best solar energy resources in the world,” he added that “the nature of Emirate interest in nuclear may lie hidden in plain sight — nuclear weapon proliferation.”
But the U.A.E. has said it considered natural gas and renewable energy sources before dismissing them in favor of nuclear energy because they would not produce enough for its needs.

Offering evidence that its intentions are peaceful, it points to its collaborations with the International Atomic Energy Agency, which has reviewed the Barakah project, and the United States, with which it signed a nuclear energy cooperation agreement in 2009 that allows it to receive nuclear materials and technical assistance from the United States while barring it from uranium enrichment and other possible bomb-development activities.

That has not persuaded Qatar, which last year lodged a complaint with the international nuclear watchdog group over the Barakah plant, calling it “a serious threat to the stability of the region and its environment.”

The U.A.E.’s oil exports account for about a quarter of its total gross domestic product. Despite its gusher of oil, it has imported increasing amounts of natural gas in recent years in part to power its energy-intensive desalination plants.

“We proudly witness the start of Barakah nuclear power plant operations, in alignment with the highest international safety standards,” Mohammed bin Zayed, the U.A.E.’s de facto ruler, tweeted on Saturday.

The new nuclear facility, which is in the Gharbiya region on the coast, close to Qatar and Saudi Arabia, is the first of several prospective Middle East nuclear plants, even as Europe reduces nuclear capacity elsewhere. Egypt plans to build a power plant with four nuclear reactors.

Saudi Arabia is also building a civilian nuclear reactor while pursuing a nuclear cooperation deal with the United States, and globally, China's nuclear program remains on a steady development track, though the Trump administration has said it would sign such an agreement only if it includes safeguards against weapons development.

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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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Ontario Global Adjustment and ICI balance hydro rates, renewable cost shift, and peak demand. Class A and Class B customers face demand response decisions amid pandemic occupancy uncertainty and volatile GA charges through 2022.

Key Points

A pricing model where GA costs and ICI peak allocation shape Class A/B bills, driven by renewables cost shifts.

✅ Renewable cost shift trims GA; larger Class A savings expected.

✅ Class A peak strategy returns; occupancy uncertainty persists.

✅ Class B faces volatile GA; limited levers beyond efficiency.

Ontario’s large commercial electricity customers can approach the looming annual decision about their billing structure for the 12 months beginning July 1 with the assurance of long-term relief on a portion of their costs, amid changes coming for electricity consumers that could affect planning. That’s to be weighed against uncertainties around energy demand and whether a locked-in cost allocation formula that looked favourable in pre-pandemic times will remain so until June 30, 2022.

“The biggest unknown is we just don’t know when the people are coming back,” Jon Douglas, director of sustainability with Menkes Property Management Services, reflected during a webinar sponsored by the Building Owners and Managers Association (BOMA) of Greater Toronto last week. “The occupancy in our office buildings this fall, and going into the new year, could really impact the outcome of the decision.”

After a year of operational upheaval and more modifications to provincial electricity pricing policies, BOMA Toronto’s regularly scheduled workshop ahead of the June 15 deadline for eligible customers to opt into the Industrial Conservation Initiative (ICI) program had a lot of ground to cover. Notably, beginning in January, all commercial customers have seen a reduction in the global adjustment (GA) component of their monthly hydro bills after the Ontario government shifted costs associated with contracted non-hydroelectric renewable supply to reduce the burden on industrial ratepayers from electricity rates to the general provincial account — a move that trims approximately $258 million per month from the total GA charged to industrial and commercial customers. However, they won’t garner the full benefit of that until 2022 since they’re currently repaying about $333 million in GA costs that were deferred in April, May and June of 2020.

Renewable cost shift pares the global adjustment
For now, Ontario government officials estimate the renewable cost shift equates to a 12 per cent discount relative to 2020 prices, even as typical bills may rise about 2% as fixed pricing ends in some cases. Once last year’s GA deferral is repaid at the end of 2021, they project the average Class A customer participating in the ICI program should realize a 16 per cent saving on the total hydro bill, while Class B customers paying the GA on a volumetric per kilowatt-hour (kWh) basis will see a slightly more moderate 15 per cent decrease.

“This is the biggest change to electricity pricing that’s happened since the introduction of ICI,” Tim Christie, director of electricity policy, economics and system planning for Ontario’s Ministry of Energy, Northern Development and Mines, told online workshop attendees. “The government is funding the out-of-market costs of renewables. It does tail off into the 2030s as those contracts (for wind, solar and biomass generation) expire, but over the next eight-ish years, it’s pretty steady at around just over $3 billion per year.”

Extrapolating from 2020 costs, he pegged average electricity costs at roughly 9.1 cents/kWh for Class A commercial customers and 13.2 cents/kWh for Class B, a point of concern for Ontario manufacturers facing high rates as well. However, energy management specialists suggest actual 2021 numbers haven’t proved that out.

“In commercial buildings, we’re averaging 10 to 12 cents for Class A in 2021, and we’re seeing more than that for about 14, 15 cents for Class B,” reported Scott Rouse, managing partner with the consulting firm, Energy@Work.

GA costs for Class B customers dropped nearly 30 per cent in the first four months of 2021 compared to the last four months of 2020, when they averaged 11.8 cents/kWh. Thus far, though, there have been significant month-to-month fluctuations, with a low of 5.04 cents/kWh in February and a high of 10.9 cents/kWh in April contributing to the four-month average of 8.3 cents/kWh.

“In 2020, system-wide GA very often averaged more than $1 billion per month,” Rouse said. “This February it dropped to $500 million, which was really quite surprising. So it is a very volatile cost.”

Although welcome, the renewable cost shift does alter the payback on energy-saving investments, particularly for demand response mechanisms like energy storage. When combined with pandemic-related uncertainty and a series of policy and program reversals alongside calls to clean up Ontario’s hydro policy in recent years, the industry’s appetite for some more capital-intensive technologies appears to be flagging.

“Volatility puts a pause on some of the innovation,” said Terry Flynn, general manager with BentallGreenOak and chair of BOMA Toronto’s energy committee. “It could be a leading edge, but it might be a bleeding edge that won’t bear any fruit because the way the commodity costs are structured will change.”

“There’s kind of a wait-and-see approach on some of these bigger investments,” Douglas concurred.

Industrial Conservation Initiative underpins commercial class divide
Turning to the ICI, Class A customers — defined as those with average monthly energy demand of at least 1 megawatt (MW) — encountered some unexpected changes to the program rules during 2020. Meanwhile, Class B customers — encompassing the vast share of commercial properties smaller than about 350,000 square feet — confront the persistent reality of electricity cost allocation that offloads the burden from larger players onto them.

Through the ICI, participating Class A customers pay a share of the global adjustment that’s prorated to their energy use during the five hours of the period from May 1 to April 30 when the highest overall system demand is recorded. This gives Class A customers the opportunity to lock in a favourable factor for calculating their share of monthly system-wide global adjustment costs if they can successful project and curtail energy loads during those five hours of peak demand. On the flipside, Class B customers pay the remainder of those system-wide costs, on a straightforward per-kWh basis, once Class A payments have been reconciled.

“Class B has sometimes been regarded as the forgotten middle child of the customer classes in Ontario where all the shifted costs in the system kind of pile up,” acknowledged Mark Olsheski, vice president, energy and environment, with Sussex Strategy Group. “Likewise, there can be big unpredictable and uncontrollable swings in the global adjustment rate from month to month and, outside of pure energy efficiency, there really is precious little opportunity or empowerment for a Class B customer to take actions to lower their bills.”

Nevertheless, COVID-19 presents a few extra hiccups for Class A customers this year. Conventionally, late May is when they receive notification of the cost allocation factor that would be used to determine their GA for the upcoming July 1 to June 30 period. This year, though, all current ICI participants will retain the factor they secured by responding to the five hours of peak demand during the 12 months from May 1, 2019 to April 30, 2020 after the Ontario government placed a temporary halt on the peak demand response aspect of the program last summer. Regardless, eligible ICI participants must formally opt into the program by June 15 or they will be billed as Class B customers.

Peak chasing resumes for summer 2021
Since peak demand hours conventionally occur from June to September, Class A customers will once again be studying forecasts intently and preparing to respond via Peak Perks as the heat wave season sets in. That should help alleviate some of the system stresses that arose last summer — prompting policy-makers to reject lobbying for a continued pause on peak demand response.

“The policy rationale was to allow consumers to focus on their operations when recovering from COVID as opposed to reducing peaks. The other issue was that we did not expect the peaks to be high last summer given COVID shutdowns,” Christie recounted. “But due to some hot weather, more people at home and also the lack of ICI response, we saw peaks we haven’t seen in many, many years come up last summer. So the peak hiatus has ended and this summer we’ll be back to responding to ICI as per normal.”

Among Class A customers, owners/managers of office and retail facilities generally have the most to lose from a billing formula tied to the energy demand of more densely occupied buildings in the summer of 2019. However, they could be much more competitively positioned for 2022-23 if their buildings remain below full occupancy and energy demand stays lower than usual this summer.

“Where we can improve is the IESO (Independent Electricity System Operator) and the LDCs (local distribution companies) need to help customers get their real-time data, especially in light of the phantom demand issue, interpret their bills and their Class A versus B scenarios much more easily and comprehensively,” urged Lee Hodgkinson, vice president, technical services, sustainability and ESG, with Dream Unlimited. “ I look for APIs (application programming interface) and direct data flow from the LDCs to the building owners so that we can access that data really easily.”

Given Class A’s historic advantages, few eligible ICI participants are expected to migrate out to Class B. From a sustainability perspective, there’s perhaps more cause to question how the ICI’s 1-MW threshold encourages strategies to move in the other direction.

“You could jack up demand in some buildings and get them into Class A basically by firing up the chillers on the weekend and then pouring cooling outside to get rid of it,” Douglas noted. “That has nothing to do with climate change strategy or sustainability, but it’s a cost- saving strategy, and, sometimes, when you look at the math, it’s hundreds of thousands of dollars you can save.”

Brian Hewson, vice president, consumer protection and industry performance with the Ontario Energy Board (OEB), confirmed the OEB is currently scrutinizing the discrepancy that leaves Class B as the only consumer group with no flexibility to curtail energy load during higher-priced periods, and will be providing advice to the Ministry of Energy. In the interim, that status does, at least, simplify tactics.

“Just reduce your kWh and it doesn’t matter what time of day because you’re paying that fixed rate for 24 hours a day. So if you can curb your demand at night, you get a big bang for your dollar,” Rouse advised.

“We do talk about rates a lot, but if you’re not using it, you’re not paying for it,” Flynn agreed. “A lot of our focus is still on really to try to reduce the number of kilowatts that we use. That seems to be the best thing to do.”

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