SWEPCO pulls coal plant lawsuit

By Times-Record


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Southwestern Electric Power Co. says a law passed during this year's legislative session supports a ruling in its favor in a lawsuit challenging construction of a coal-fired power plant in southwest Arkansas.

Opponents of the plant say the law cannot be applied retroactively to a case that began before the law was passed.

Act 910 of 2011 states that the Arkansas Public Service Commission is the "exclusive forum with primary and final jurisdiction" for the resolution of "all matters concerning the location, financing, construction and operation of a major utility facility."

The law also states that a court in Arkansas does not have jurisdiction to hear any issue "that was or could have been determined in a proceeding... before the Arkansas Public Service Commission."

In a filing submitted to the Arkansas Supreme Court, SWEPCO said the Hempstead County Hunting Club's lawsuit seeking to stop construction of a $2-billion, 600-megawatt plant in Hempstead County contains state claims that were not exhausted before the Public Service Commission.

Act 910 "clarifies that administrative remedies before the Arkansas Public Service Commission must be exhausted before courts of this state may assert jurisdiction over matters that are within the primary jurisdiction of the APSC," SWEPCO said in the filing.

The hunting club claims that construction of the plant was not properly approved by the U.S. Army Corps of Engineers and that the plant would harm the local environment.

The club's lawsuit is pending in federal court, but the federal judge hearing the case has asked the state Supreme Court to answer three questions about state law, the first being whether state-law claims that were not heard by the PSC can proceed in federal court.

In light of Act 910, SWEPCO said it has asked the federal court to withdraw the questions and dismiss all state-law claims in the lawsuit.

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German official says nuclear would do little to solve gas issue

Germany Nuclear Phase-Out drives policy amid gas supply risks, Nord Stream 1 shutdown fears, Russia dependency, and energy security planning, as Robert Habeck rejects extending reactors, favoring coal backup, storage, and EU diversification strategies.

 

Key Points

Ending Germany's last reactors by year end despite gas risks, prioritizing storage, coal backup, and EU diversification.

✅ Reactors' legal certification expires at year end

✅ Minimal gas savings from extending nuclear capacity

✅ Nord Stream 1 cuts amplify energy security risks

 

Germany’s vice-chancellor has defended the government’s commitment to ending the use of nuclear power at the end of this year, amid fears that Russia may halt natural gas supplies entirely.

Vice-Chancellor Robert Habeck, who is also the economy and climate minister and is responsible for energy, argued that keeping the few remaining reactors running would do little to address the problems caused by a possible natural gas shortfall.

“Nuclear power doesn’t help us there at all,” Habeck, said at a news conference in Vienna on Tuesday. “We have a heating problem or an industry problem, but not an electricity problem – at least not generally throughout the country.”

The main gas pipeline from Russia to Germany shut down for annual maintenance on Monday, as Berlin grew concerned that Moscow may not resume the flow of gas as scheduled.

The Nord Stream 1 pipeline, Germany’s main source of Russian gas, is scheduled to be out of action until July 21 for routine work that the operator says includes “testing of mechanical elements and automation systems”.

But German officials are suspicious of Russia’s intentions, particularly after Russia’s Gazprom last month reduced the gas flow through Nord Stream 1 by 60 percent.

Gazprom cited technical problems involving a gas turbine powering a compressor station that partner Siemens Energy sent to Canada for overhaul.

Germany’s main opposition party has called repeatedly to extend nuclear power by keeping the country’s last three nuclear reactors online after the end of December. There is some sympathy for that position in the ranks of the pro-business Free Democrats, the smallest party in Chancellor Olaf Scholz’s governing coalition.

In this year’s first quarter, nuclear energy accounted for 6 percent of Germany’s electricity generation and natural gas for 13 percent, both significantly lower than a year earlier. Germany has been getting about 35 percent of its gas from Russia.

Habeck said the legal certification for the remaining reactors expires at the end of the year and they would have to be treated thereafter as effectively new nuclear plants, complete with safety considerations and the likely “very small advantage” in terms of saving gas would not outweigh the complications.

Fuel for the reactors also would have to be procured and Scholz has said that the fuel rods are generally imported from Russia.

Opposition politicians have argued that Habeck’s environmentalist Green party, which has long strongly supported the nuclear phase-out, is opposing keeping reactors online for ideological reasons, even as some float a U-turn on the nuclear phaseout in response to the energy crisis.

Reducing dependency on Russia
Germany and the rest of Europe are scrambling to fill the gas storage in time for the northern hemisphere winter, even as Europe is losing nuclear power at a critical moment and reduce their dependence on Russian energy imports.

Prior to the Russian invasion of Ukraine, Berlin had said it considered nuclear energy dangerous and in January objected to European Union proposals that would let the technology remain part of the bloc’s plans for a climate-friendly future that includes a nuclear option for climate change pathway.

“We consider nuclear technology to be dangerous,” government spokesman Steffen Hebestreit told reporters in Berlin, noting that the question of what to do with radioactive waste that will last for thousands of generations remains unresolved.

While neighbouring France aimed to modernise existing reactors, Germany stayed on course to switch off its remaining three nuclear power plants at the end of this year and phase out coal by 2030.

Last month, Germany’s economy minister said the country would limit the use of natural gas for electricity production and make a temporary recourse to coal generation to conserve gas.

“It’s bitter but indispensable for reducing gas consumption,” Robert Habeck said.

 

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NRC Begins Special Inspection at River Bend Nuclear Power Plant

NRC Special Inspection at River Bend reviews failures of portable emergency diesel generators, nuclear safety measures, and Entergy Operations actions after Fukushima; off-site power loss readiness, remote COVID-19 oversight, and corrective action plans are assessed.

 

Key Points

An NRC review of generator test failures at River Bend, assessing nuclear safety, root causes, and corrective actions.

✅ Evaluates failures of portable emergency diesel generators

✅ Reviews causal analyses and adequacy of corrective actions

✅ Remote COVID-19 oversight; public report expected within 45 days

 

The Nuclear Regulatory Commission has begun a special inspection at the River Bend nuclear power plant, part of broader oversight that includes the Turkey Point renewal application, to review circumstances related to the failure of five portable emergency diesel generators during testing. The plant, operated by Entergy Operations, is located in St. Francisville, La., as nations like France outage risks continue to highlight broader reliability concerns.

The generators are used to supply power to plant systems in the event of a prolonged loss of off-site electrical power coupled with a failure of the permanently installed emergency generators, a concern underscored by incidents such as the SC nuclear plant leak that shut down production for weeks. These portable generators were acquired as part of the facility's safety enhancements mandated by the NRC following the 2011 accident at the Fukushima Dai-ichi facility in Japan, and amid constraints like France limiting output from warm rivers, the emphasis on resilience remains.

The three-member NRC team will develop a chronology of the test failures and evaluate the licensee's causal analyses and the adequacy of corrective actions, informed by lessons from cases like Davis-Besse closure stakes that underscore risk management.

Due to the COVID-19 pandemic, they will complete most of their work remotely, while other regions address constraints such as high river temperatures limiting output for nuclear stations. An inspection report documenting the team's findings, released as global nuclear project milestones continue across the sector, will be publicly available within 45 days of the end of the inspection.
 

 

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Wind and Solar Double Global Share of Electricity in Five Years

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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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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Berlin Electric Utility Wins National Safety Award

Berlin Electric Utility APPA Safety Award recognizes Gold Designation performance in public power, highlighting OSHA-aligned incident rates, robust safety culture, worker safety training, and operational reliability that keeps the community's electric service resilient.

 

Key Points

A national honor for Berlin's Gold Designation recognizing safety performance, worker protection, and reliable service.

✅ Gold Designation in 15,000-29,999 worker hours APPA category

✅ OSHA-based incident rate and robust safety culture

✅ Training, PPE, and reliability focus in public power operations

 

The Town of Berlin Electric Utility Department has been recognized for its outstanding safety practices with the prestigious Safety Award of Excellence from the American Public Power Association (APPA), a distinction also reflected in Medicine Hat Electric Utility for health and safety excellence, highlighting industry-wide commitment to worker protection.

Recognition for Excellence

In an era when workplace safety is a critical concern, with organizations highlighting leadership in worker safety across the sector, the Town of Berlin Electric Utility Department’s achievement stands out. The department earned the Gold Designation award in the category for utilities with 15,000 to 29,999 worker hours of annual worker exposure. This category is part of the APPA’s annual Safety Awards, which are designed to recognize the safety performance of public power utilities across the United States.

Out of more than 200 utilities that participated in the 2024 Safety Awards, Berlin's Electric Utility Department distinguished itself with an exemplary safety record. The utility’s ranking was based on its low incidence of work-related injuries and illnesses, alongside its robust safety programs and strong safety culture.

What the Award Represents

The Safety Award of Excellence is given to utilities that demonstrate effective safety protocols and practices over the course of the year. The APPA evaluates utilities based on their incident rate, which is calculated using the number of work-related reportable injuries or illnesses relative to worker hours. This measurement adheres to guidelines established by the Occupational Safety and Health Administration (OSHA), ensuring a standardized approach to assessing safety.

For the Town of Berlin Electric Utility Department, achieving the Gold Designation award signifies a year of outstanding safety performance. The award reflects the department’s dedication to preventing accidents and creating a work environment where safety is prioritized at every level.

Why Safety Matters

For utilities like the one in Berlin, safety is not just about preventing injuries—it's about fostering a culture of care and responsibility. Electric utility workers face unique and significant risks, ranging from the dangers of working with high-voltage systems, including hazards near downed power lines that require extreme caution, to the physical demands of the job. A utility’s ability to minimize these risks and keep its workforce safe is a direct reflection of its safety practices, training, and overall management.

The commitment to safety extends beyond just the immediate work environment. Utilities that place a high value on safety typically invest in ongoing training, safety gear, and processes, and even contingency measures like staff living on site during outbreaks, that ensure all employees are well-prepared to handle the challenges of their roles. The Town of Berlin Electric Utility Department has taken these steps seriously, providing its workers with the resources they need to stay safe while maintaining the power supply for the local community.

The Importance of Worker Safety in Public Power

The American Public Power Association’s Safety Award program highlights the best practices in public utilities, which, as the U.S. grid overseer's pandemic warning reminded the sector, play a crucial role in providing essential services to communities across the country. Public power utilities, like Berlin’s, are governed by local or municipal entities rather than for-profit corporations, which often allows them to have a closer relationship with their communities. As a result, these utilities often go above and beyond when it comes to worker safety, understanding that the well-being of employees directly impacts the quality of service provided to residents.

For the Town of Berlin, this award not only highlights the utility's commitment to its employees but also reinforces the importance of the work that public utilities do in keeping communities safe and powered. Berlin's recognition underscores the significance of maintaining a safe work environment, especially when the safety of first responders and utility workers, as seen when nuclear plant workers raised concerns over virus precautions, directly impacts the public’s access to reliable services.

What’s Next for Berlin’s Electric Utility Department

Receiving the Safety Award of Excellence is a remarkable achievement, but for the Town of Berlin Electric Utility Department, it’s not the end of their safety journey—it’s just one more step in their ongoing commitment to improvement. The department’s leadership, including the safety team, has emphasized the importance of continually evaluating and enhancing safety protocols to stay ahead of potential risks. This includes adopting new safety technologies, refining training programs, and ensuring that all employees are involved in the process of safety.

As the Town of Berlin looks forward to the future, its focus on worker safety will remain a top priority. Maintaining this level of safety is not only crucial for the health and well-being of employees but also for ensuring the continued success of the community’s utility services.

Community Impact

This recognition also serves as an example for other utilities in the region and across the country. By prioritizing safety, the Town of Berlin Electric Utility Department sets a standard that other utilities can aspire to. In a time when worker safety is more important than ever, Berlin’s commitment to best practices provides a model for others to follow.

Ultimately, the safety of utility workers is a reflection of a community’s dedication to its workforce and its commitment to providing reliable, uninterrupted services. For the residents of Berlin, the recognition of their local electric utility department’s safety practices means that they can continue to rely on a safe, secure, and resilient power infrastructure, while staying mindful of home risks such as overheated power strips that can spark fires.

 

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"Kill the viability": big batteries to lose out from electricity grid rule change

AEMC Storage Charging Rules spark industry backlash as Tesla, Snowy Hydro, and investors warn transmission charges on batteries and pumped hydro could deter grid-scale storage, distort the National Electricity Market, and slow decarbonisation.

 

Key Points

AEMC Storage Charging Rules are proposals to bill grid storage for network use, shaping costs and investment.

✅ Charges apply when batteries draw power; double-charging concerns.

✅ Tesla and Snowy Hydro warn of reduced viability and delays.

✅ AEMO recommends exemptions; investors seek certainty.

 

Tesla, Snowy Hydro and other big suppliers of storage capacity on Australia’s main electricity grid warn proposed rule changes amount to a tax on their operations that will deter investors and slow the decarbonisation of the industry.

The Australian Energy Market Commission (AEMC) will release its final decision this Thursday on new rules for integrating batteries, pumped hydro and other forms of storage.

The AEMC’s draft decision, released in July, angered many firms because it proposed charging storage providers for drawing power, ignoring a recommendation by the Australian Electricity Market Operator (AEMO) that they be exempt.

Battery maker Tesla, which has supplied some of the largest storage to the National Electricity Market, said in a submission that the charges would “kill the commercial viability of all grid storage projects, causing inefficient investment in alternative network”, with consumers paying higher costs.

Snowy Hydro, which is building the giant Snowy 2 pumped storage project and already operates a smaller one, said in its submission the proposed changes if implemented would jeopardise investment.

“This is a major policy change, amounting to a tax on infrastructure critical to achieving a renewable future,” Snowy Hydro said.

AEMO itself argued it was important storage providers were not “disincentivised from connecting to the transmission network, as they generally provide a net benefit to the power system by charging at periods of low demand”.

Australia’s electricity grid faces economic and engineering challenges, similar to Ontario's storage push as it adjusts to the arrival of lower cost and also lower carbon alternatives to fossil fuels.

While rule changes are necessary to account for operators that can both draw from and supply power, how they are implemented can have long-lasting effects on the technologies that get encouraged or repelled, including control of EV charging issues, independent experts say.

“It doesn’t have to be this way,” said Bruce Mountain, director of the Victoria Energy Policy Centre. “In Britain, where the UK grid transformation is underway, the regulator dealing with the same issues has said that storage devices don’t pay the system charges when they withdraw electricity from the grid,” he said.

The prospect that storage operators will have to pay transmission charges could “drastically” affect their profitability since their business models rely on the difference between the price their pay for power and how much they can sell it for. Gas generators and network monopolies would benefit from the change, Mountain said.

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An AEMC spokesperson said the commission had consulted widely, including from those who objected to the payment for transmission access.

“The market is moving towards a future that will be increasingly reliant on energy storage to firm up the growing volume of renewable energy and deliver on the increasing need for critical system security services, with examples such as EVs supporting grid stability in California as the ageing fleet of thermal generators retire,” the spokesperson said, declining to elaborate on the final ruling before it is published.

“The regulatory framework needs to facilitate this transition as the energy sector continues to decarbonise,” the official said.

AusNet, which operates the Victorian energy transmission grid, said that while “technological neutrality is paramount for battery and hybrid unit connections to both the distribution and transmission networks,” it did not back charging storage access to networks in all cases.

“[Ausnet] supports a clear exemptions framework for energy storage providers,” a spokesperson said. “We recommend that batteries and other hybrid facilities should have transmission use of system charges waived if they provide a net benefit to network customers.”

We are not aware of anyone that supports the charging storage access to networks in all circumstances.

“Batteries and hybrid facilities that consume energy from the network should be provided no preferential treatment relative to other customers and generators.”

Jonathan Upson, a principal at Strategic Renewable Consulting, though, said the AEMC wants electricity flowing through batteries to be taxed twice to pay network charges – once when the electricity charges the battery and then again when the same electricity is sent out by the battery an hour or two later but this time with customers paying.

“The AEMC’s draft decision has the identical rationale for eliminating franking credits on all dividends, resulting in double taxing of company profits,” he said.

Christiaan Zuur, director of energy transformation at the Clean Energy Council, said that while much of AEMC’s draft proposal was constructive, “those benefits are either nullified or maybe even outweighed” by uncertainty over charges.

“Risk perception” will be important since potential newcomers won’t be sure of what charges they will pay to connect to the grid and existing operators could have their connection agreements reopened, Zuur said.

“Investors focus on the potential risk. It does factor through to the integral costs for projects,” he said.

The outcome of new charges may prompt more people to put batteries on their premises and draw power from their own solar panels, Mountain said, with rising EV adoption introducing new grid challenges, cutting their reliance on a centralised network.

“Ironically, it encourages customers to depend less and less on the grid,” he said. “It’s almost like the capture of the dominant interests playing out over time at their own expense.”

Separately, the latest edition of the Clean Energy Council Confidence Index shows leadership by state governments is helping to shore up investor appetite for investing in renewable energy amid 2021 electricity lessons even with higher 2030 emissions reduction goals from the federal government.

Overall, investor confidence increased by a point in the last six months – from 6.3 to 7.3 out of 10 – following strong commitments and policy development from state governments, particularly on the east coast, the council said.

“The results of this latest survey illustrate the economic value in policy that lowers the emissions footprint of our electricity generation, supporting regional centres and creating jobs. Investors recognise the opportunities created by limiting global temperature rise to 1.5 degrees,” said council chief executive Kane Thornton.

Among the states, NSW, Victoria and Queensland led in terms of positive investor sentiment.

Correction: this article was amended on 30 November. An earlier version stated Ausnet supported charging storage for network access. A spokesperson said it backed a waiver on charges if certain conditions are met.        

 

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