Judge denies restraining order in SME case

Millstone COVID-19 safety concerns center on a nuclear refueling outage in Connecticut, temporary workers, OSHA complaints, PPE shortages, and disinfecting protocols, as Dominion Energy addresses virus precautions, staffing, and cybersecurity for safe voting infrastructure.

Key Points

Employee and union claims about PPE, cleaning, and OSHA compliance during a refueling outage at the nuclear plant.

✅ 10 positive cases; 750 temporary workers during refueling outage

✅ Union cites PPE gaps, partitions, and disinfectant effectiveness

✅ Dominion Energy notes increased cleaning, communication, staffing

Workers at Connecticut's only nuclear power plant worry that managers are not taking enough precautions against the coronavirus, as some utilities weigh on-site staffing measures to maintain operations, after 750 temporary employees were brought in to help refuel one of the two active reactors.

Ten employees at the Millstone Power Station in Waterford have tested positive for the virus, and, amid a U.S. grid pandemic warning, the arrival of the temporary workers alarms some of the permanent employees, The Day newspaper reported Sunday.

"Speaking specifically for the guard force, there's a lot of frustration, there's a lot of concern, and I would say there's anger," said Millstone security officer Jim Foley.

Foley, vice president of the local chapter of the United Government Security Officers of America, noted broader labor concerns such as unpaid wages for Kentucky miners while saying security personnel have had to fight for personal protective equipment and for partitions at access points to separate staff from security.

Foley also has filed a complaint with the Occupational Safety and Health Administration saying Millstone staff are using ineffective cleaning materials and citing a lack of cleaning and sanitizing, as telework limits at the EPA drew scrutiny during the pandemic, he said.

Officials at Millstone, owned by Dominion Energy, have not heard internal criticism about the plant's virus precautions, Millstone spokesman Kenneth Holt said.

"We've actually gotten a lot of compliments from employees on the steps we've taken," he said. "We've stepped up communications with employees to let them know what's going on."

As another example of communication efforts, COVID-19 updates at Site C have been published to keep workers informed.

Millstone recently increased cleaning staff on the weekends, Holt said, and there is regular disinfecting at the plant.

Separately, utility resilience remains a concern, as extended outages for tornado survivors in Kentucky may last weeks, affecting essential services.

Responding to the complaint about ineffective cleaning materials, Holt said staff members early in the pandemic went to a Home Depot and got a bottle of disinfectant that wasn't approved by the federal government as effective against the coronavirus. An approved disinfectant was brought in the next day, he said.

The deaths of nearly 2,500 Connecticut residents have been linked to COVID-19, the disease caused by the virus. More than 29,000 state residents have tested positive. As of Sunday, hospitalizations had declined for 11 consecutive days, to over 1,480.

With more people working remotely, utilities have reported higher residential electricity use during the pandemic, affecting household bills.

For most people, the coronavirus causes mild or moderate symptoms, such as fever and cough, that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia, and death.

In other developments related to the coronavirus:

SAFE VOTING

Secretary of the State Denise Merrill released a plan Monday aimed at making voting safe during the Aug. 11 primary and Nov. 3 general election.

Merrill said her office is requiring all cities and towns in the state to submit plans for the two elections that include a list of cleaning and safety products to be used, a list of polling locations, staffing levels at each polling location, and the names of polling workers and moderators.

Municipalities will be eligible for grants to cover the extra costs of holding elections during a pandemic, including expenses for cleaning products and increased staffing.

Merrill also announced her office and the Connecticut National Guard will perform a high-level cybersecurity assessment of the election infrastructure of all 169 towns in the state to guard against malicious actors.

Merrill's office also will provide network upgrades to the election infrastructures of 20 towns that have had chronic problems with connecting to the elections system.

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Proton Conducting Fuel Cells enable reversible hydrogen energy storage, coupling electrolyzers and fuel cells with ceramic catalysts and proton-conducting membranes to convert wind and solar electricity into fuel and back to reliable grid power.

Key Points

Proton conducting fuel cells store renewable power as hydrogen and generate electricity using reversible catalysts.

✅ Reversible electrolysis and fuel-cell operation in one device

✅ Ceramic air electrodes hit up to 98% splitting efficiency

✅ Scalable path to low-cost grid energy storage with hydrogen

If we want a shot at transitioning to renewable energy, we’ll need one crucial thing: technologies that can convert electricity from wind, sun, and even electricity from raindrops into a chemical fuel for storage and vice versa. Commercial devices that do this exist, but most are costly and perform only half of the equation. Now, researchers have created lab-scale gadgets that do both jobs. If larger versions work as well, they would help make it possible—or at least more affordable—to run the world on renewables.

The market for such technologies has grown along with renewables: In 2007, solar and wind provided just 0.8% of all power in the United States; in 2017, that number was 8%, according to the U.S. Energy Information Administration. But the demand for electricity often doesn’t match the supply from solar and wind, a key reason why the U.S. grid isn't 100% renewable today. In sunny California, for example, solar panels regularly produce more power than needed in the middle of the day, but none at night, after most workers and students return home.

Some utilities are beginning to install massive banks of cheaper solar batteries in hopes of storing excess energy and evening out the balance sheet. But batteries are costly and store only enough energy to back up the grid for a few hours at most. Another option is to store the energy by converting it into hydrogen fuel. Devices called electrolyzers do this by using electricity—ideally from solar and wind power—to split water into oxygen and hydrogen gas, a carbon-free fuel. A second set of devices called fuel cells can then convert that hydrogen back to electricity to power cars, trucks, and buses, or to feed it to the grid.

But commercial electrolyzers and fuel cells use different catalysts to speed up the two reactions, meaning a single device can’t do both jobs. To get around this, researchers have been experimenting with a newer type of fuel cell, called a proton conducting fuel cell (PCFC), which can make fuel or convert it back into electricity using just one set of catalysts.

PCFCs consist of two electrodes separated by a membrane that allows protons across. At the first electrode, known as the air electrode, steam and electricity are fed into a ceramic catalyst, which splits the steam’s water molecules into positively charged hydrogen ions (protons), electrons, and oxygen molecules. The electrons travel through an external wire to the second electrode—the fuel electrode—where they meet up with the protons that crossed through the membrane. There, a nickel-based catalyst stitches them together to make hydrogen gas (H2). In previous PCFCs, the nickel catalysts performed well, but the ceramic catalysts were inefficient, using less than 70% of the electricity to split the water molecules. Much of the energy was lost as heat.

Now, two research teams have made key strides in improving this efficiency, and a new fuel cell concept brings biological design ideas into the mix. They both focused on making improvements to the air electrode, because the nickel-based fuel electrode did a good enough job. In January, researchers led by chemist Sossina Haile at Northwestern University in Evanston, Illinois, reported in Energy & Environmental Science that they came up with a fuel electrode made from a ceramic alloy containing six elements that harnessed 76% of its electricity to split water molecules. And in today’s issue of Nature Energy, Ryan O’Hayre, a chemist at the Colorado School of Mines in Golden, reports that his team has done one better. Their ceramic alloy electrode, made up of five elements, harnesses as much as 98% of the energy it’s fed to split water.

When both teams run their setups in reverse, the fuel electrode splits H2 molecules into protons and electrons. The electrons travel through an external wire to the air electrode—providing electricity to power devices. When they reach the electrode, they combine with oxygen from the air and protons that crossed back over the membrane to produce water.

The O’Hayre group’s latest work is “impressive,” Haile says. “The electricity you are putting in is making H2 and not heating up your system. They did a really good job with that.” Still, she cautions, both her new device and the one from the O’Hayre lab are small laboratory demonstrations. For the technology to have a societal impact, researchers will need to scale up the button-size devices, a process that typically reduces performance. If engineers can make that happen, the cost of storing renewable energy could drop precipitously, thereby moving us closer to cheap abundant electricity at scale, helping utilities do away with their dependence on fossil fuels.

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Birtle Transmission Line connects Manitoba Hydro to SaskPower, enabling 215 MW of clean hydroelectricity, improving grid reliability, supporting affordable rates, and advancing Green Infrastructure goals under the Investing in Canada Plan across Manitoba and Saskatchewan.

Key Points

A 46 km line moving up to 215 MW from Manitoba Hydro to SaskPower, improving reliability and supplying cleaner power.

✅ Enables interprovincial grid tie between Manitoba and Saskatchewan

✅ Delivers up to 215 MW of renewable hydroelectricity

✅ Supports affordable rates and lower GHG emissions

The federal government announced funding for the Birtle Transmission Line Monday morning.

The project will help Manitoba Hydro build a transmission line from Birtle South Station in the Municipality of Prairie View to the Manitoba–Saskatchewan border 46 kilometres northwest. Once completed, the new line will allow up to 215 megawatts of hydroelectricity to flow from the Manitoba Hydro power grid to the SaskPower power grid, similar to the Great Northern Transmission Line connecting Manitoba and Minnesota today.

The government said the transmission line would create a more stable energy supply, keep energy rates affordable and help Saskatchewan's efforts to reduce cumulative greenhouse-gas emissions in that province.

"The Government of Canada is proud to be working with Manitoba to support projects that create jobs and improve people's lives across the province. The Birtle Transmission Line will provide the region with reliable and greener energy, as seen with Canadian hydropower to New York projects, that will help protect our environment while laying the groundwork for clean economic growth," said Jim Carr, member of Parliament for Winnipeg South Centre, on behalf of Catherine McKenna, minister of infrastructure and communities.

The Government of Canada is investing more than $18.7 million, and the government of Manitoba is contributing more than $42 million in this project through the Green Infrastructure Stream of the Investing in Canada Plan, which also supports Atlantic grid improvements nationwide.

"The Province of Manitoba has one of the cleanest electricity grids in Canada and the world with over 99 per cent of our electricity generated from clean, renewable sources, rooted in Manitoba's hydro history," said Central Services Minister Reg Helwer. "The Made-in-Manitoba Climate and Green Plan is good not only for Manitoba but for Canada and globally."

Jay Grewal, president, and CEO of Manitoba Hydro said the funding is a great example of co-operation between the provincial and federal governments, including investments in smart grid technology that modernize local networks.

"We are very pleased that Manitoba Hydro's Birtle Transmission Project is among the first projects to receive funding under the Canada Infrastructure Program, and we would like to thank both levels of governments for recognizing the importance of the project as we strengthen ties with our neighbours in Saskatchewan, as U.S.-Canada transmission approvals advance elsewhere," said Grewal.

A spokesperson for Manitoba Hydro said it’s too early to say how many jobs will be created during construction, as final contracts have not yet been awarded.

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UK Energy Network Profits are under scrutiny as Ofgem price controls, Citizens Advice claims, and National Grid margins spark debate over monopolies, allowed returns, consumer bills, rebates, and future investment under tougher regulation.

Key Points

UK Energy Network Profits are returns set by Ofgem for regulated grid operators, shaping consumer bills and investment

✅ Ofgem sets allowed returns for monopoly networks via price controls

✅ Dispute over interest rates, bond yields, and risk premiums

✅ Reforms proposed: shorter controls, tougher investor incentives

Companies that run Britain’s electricity and gas networks, including National Grid, are making “eye-watering” profits at the expense of households, according to a well-known consumer group.

Citizens Advice believes £7.5bn in “unjustified” profits should be returned to consumers who pay for network costs via their electricity and gas bills, with parallels seen in a deferred BC Hydro costs report abroad, although its figures have been contested by the energy industry and regulator.

Ownership of electricity and gas networks came under the spotlight in the run-up to June’s general election, after the Labour party said in its manifesto it would bring both national and regional grid infrastructure to back into public ownership, amid wider debates about grid privatization concerns elsewhere, over time.

Electricity sector privatisation began in 1990 and the gas industry was privatised in 1986. Energy network companies — which own and operate the cables and wires that help deliver electricity and gas to homes and businesses — are in effect monopolies that are regulated by Ofgem. Ofgem evaluates what their costs, including the cost of capital to finance investments, might be over an eight-year “price control” period, similar to determinations like the OEB decision on Hydro One rates in Ontario, Canada. Citizens Advice claims many of the regulator’s calculations for the most recent price control went “considerably in networks’ financial favour”.

It believes assumptions Ofgem made about factors such as the future path of interest rates and returns on government bonds were too generous, with international contrasts like power theft challenges in India illustrating different risk contexts, as was the regulator’s assessment of the risk associated with operating a network company. 

These “generous” assumptions will lead to network companies making average profit margins of 19 per cent and an average return of 10 per cent for their investors at the expense of consumers, Citizens Advice claims in a report published on Wednesday, which recommends a shorter price control period to allow for more accurate forecasting.

“Decisions made by Ofgem have allowed gas and electricity network companies to make sky-high profits that we’ve found are not justified by their performance,” said Gillian Guy, chief executive of Citizens Advice. Ofgem defended its regulatory regime, saying it helped to cut costs, improve reliability and customer satisfaction. 

“Ofgem has already cut costs to consumers by 6 per cent in the current price control and secured a rebate of over £4.5bn from network companies and is engaging with the industry to deliver further savings, with some regions seeing Ontario electricity rate reductions for businesses as well,” said Dermot Nolan, chief executive of the energy regulator.

Mr Nolan insisted the next price controls would be “tougher for investors”. The current price controls for the gas and electricity transmission networks, plus gas distribution, run until 2021 and until 2023 for local electricity distribution networks.

“While we don’t agree with its modelling and the figures it has produced, the Citizens Advice report raises some important issues about network regulation which will be addressed in the next control,” Mr Nolan said.

The Energy Networks Association, a trade body, refuted the claims of Citizens Advice, insisting that costs had fallen by 17 per cent in real terms since privatisation. The current regulatory framework was established after a public consultation, it said, adding that today’s report repeated several old claims that had previously been rejected by the Competition and Markets Authority.

“Our energy networks are among the most reliable and lowest cost in the world and their performance has never been better. In the next six years energy network companies are forecasted to deliver £45bn of investment in the UK economy,” a spokesman for the networks association added. National Grid said that since 2013 it had generated savings of £460m for bill payers.

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Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.

National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

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CAISO Clean Energy Transition outlines California's path to 100% carbon-free power by 2045, scaling renewables, battery storage, and offshore wind while safeguarding grid reliability, managing natural gas, and leveraging Western markets like EDAM.

Key Points

CAISO Clean Energy Transition is the plan to reach 100% carbon-free power by 2045 while maintaining grid reliability.

✅ Target: add 7 GW/year to reach 120 GW capacity by 2045

✅ Battery storage up 30x; smooths intermittent solar and wind

✅ EDAM and WEIM enhance imports, savings, and reliability

Mark Rothleder, Chief Operating Officer and Senior Vice President at the California Independent System Operator (CAISO), which manages roughly 80% of California’s electric grid, has expressed cautious optimism about meeting the state's ambitious clean energy targets while keeping the lights on across the grid. However, he acknowledges that this journey will not be without its challenges.

California aims to transition its power system to 100% carbon-free sources by 2045, ensuring a reliable electricity supply at reasonable costs for consumers. Rothleder, aware of the task's enormity, likens it to a complex car repair performed while the vehicle is in motion.

Recent achievements have demonstrated California's ability to temporarily sustain its grid using clean energy sources. According to Rothleder, the real challenge lies in maintaining this performance round the clock, every day of the year.

Adding thousands of megawatts of renewable energy into California’s existing 50-gigawatt system, which needs to expand to 120 gigawatts to meet the 2045 goal, poses a significant challenge, though recent grid upgrade funding offers some support for needed infrastructure. CAISO estimates that an addition of 7 gigawatts of clean power per year for the next two decades is necessary, all while ensuring uninterrupted power delivery.

While natural gas currently constitutes California's largest single source of power, Rothleder notes the need to gradually decrease reliance on it, even as it remains an operational necessity in the transition phase.

In 2023, CAISO added 5,660 megawatts of new power to the grid, with plans to integrate over 1,100 additional megawatts in the next six to eight months of 2024. Battery storage, crucial for mitigating the intermittent nature of wind and solar power, has seen substantial growth as California turns to batteries for grid support, increasing 30-fold in three years.

Rothleder emphasizes that electricity reliability is paramount, as consumers always expect power availability. He also highlights the potential of offshore wind projects to significantly contribute to California's power mix by 2045.

The offshore wind industry faces financial and supply chain challenges despite these plans. CAISO’s 20-year outlook indicates a significant increase in utility-scale solar, requiring extensive land use and wider deployment of advanced inverters for grid stability.

Addressing affordability is vital, especially as California residents face increasing utility bills. Rothleder suggests a broader energy cost perspective, encompassing utility and transportation expenses.

Despite smooth grid operations in 2023, challenges in previous years, including extreme weather-induced power outages driven by climate change, underscore the need for a robust, adaptable grid. California imports about a quarter of its power from neighbouring states and participates in the Western Energy Imbalance Market, which has yielded significant savings.

CAISO is also working on establishing an extended day-ahead electricity market (EDAM) to enhance the current energy market's success, building on insights from a Western grid integration report that supports expanded coordination.

Rothleder believes that a thoughtfully designed, diverse power system can offer greater reliability and resilience in the long run. A future grid reliant on multiple, smaller power sources such as microgrids could better absorb potential losses, ensuring a more reliable electricity supply for California.

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