Judge denies restraining order in SME case

By Billings Gazette


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A District Court judge has denied a motion seeking an order to block Electric City Power from taking any steps that would harm the finances of Southern Montana Electric Generation and Transmission.

SME asked the court to prevent the utility arm of the city of Great Falls from delaying payments for power or ending contracts with its customers that could cause SME to lose its customer base.

The Great Falls Tribune reports District Judge Kenneth Neill denied the restraining order, but ordered a June 1 hearing on the same issues. Neill said the city has continued to pay SME and the contracts at issue won't expire until June 30.

The city filed a lawsuit in March seeking to end its relationship with SME and the return of a $792,000 deposit.

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Blackout-Prone California Is Exporting Its Energy Policies To Western States, Electricity Will Become More Costly And Unreliable

California Blackouts expose grid reliability risks as PG&E deenergizes lines during high winds. Mandated solar and wind displace dispatchable natural gas, straining ISO load balancing, transmission maintenance, and battery storage planning amid escalating wildfire liability.

 

Key Points

California grid shutoffs stem from wildfire risk, renewables, and deferred transmission maintenance under mandates.

✅ PG&E deenergizes lines to reduce wildfire ignition during high winds.

✅ Mandated solar and wind displace dispatchable gas, raising balancing costs.

✅ Storage, reliability pricing, and grid upgrades are needed to stabilize supply.

 

California is again facing widespread blackouts this season. Politicians are scrambling to assign blame to Pacific Gas & Electric (PG&E) a heavily regulated utility that can only do what the politically appointed regulators say it can do. In recent years this has meant building a bunch of solar and wind projects, while decommissioning reliable sources of power and scrimping on power line maintenance and upgrades.

The blackouts are connected with the legal liability from old and improperly maintained power lines being blamed for sparking fires—in hopes that deenergizing the grid during high winds reduces the likelihood of fires. 

How did the land of Silicon Valley and Hollywood come to have developing world electricity?

California’s Democratic majority, from Gov. Gavin Newsom to the solidly progressive legislature, to the regulators they appoint, have demanded huge increases in renewable energy. Renewable electricity targets have been pushed up, and policymakers are weighing a revamp of electricity rates to clean the grid, with the state expected to reach a goal of 33% of its power from renewable sources, mostly solar and wind, by next year, and 60% of its electricity from renewables by 2030.

In 2018, 31% of the electricity Californians purchased at the retail level came from approved renewables. But when rooftop solar is added to the mix, about 34% of California’s electricity came from renewables in 2018. Solar photovoltaic (PV) systems installed “behind-the-meter” (BTM) displace utility-supplied generation, but still affect the grid at large, as electricity must be generated at the moment it is consumed. PV installations in California grew 20% from 2017 to 2018, benefiting from the state’s Self-Generation Incentive Program that offers hefty rebates through 2025, as well as a 30% federal tax credit.

Increasingly large amounts of periodic, renewable power comes at a price—the more there is, the more difficult it is to keep the power grid stable and energized. Since electricity must be consumed the instant it is generated, and because wind and solar produce what they will whenever they do, the rest of the grid’s power producers—mostly natural gas plants—have to make up any differences between supply and immediate demand. This load balancing is vital, because without it, the grid will crash and widespread blackouts will ensue.

California often produces a surplus of mandated solar and wind power, generated for 5 to 8 cents per kilowatt hour. This power displaces dispatchable power from natural gas, coal and nuclear plants, resulting in reliable power plants spending less time online and driving up electricity prices as the plants operate for fewer hours of the day. Subsidized and mandated solar power, along with a law passed in California in 2006 (SB 1638) that bans the renewal of coal-fired power contracts, has placed enormous economic pressure on the Western region’s coal power plants—among them, the nation’s largest, Navajo Generating Station. As these plants go off line, the Western power grid will become increasingly unstable. Eventually, the states that share their electric power in the Western Interconnect may have to act to either subsidize dispatchable power or place a value on reliability—something that was taken for granted in the growth of the America’s electrical system and its regulatory scheme.

California law regarding electricity explicitly states that “a violation of the Public Utilities Act is a crime” and that it is “…the intent of the Legislature to provide for the evolution of the ISO (California’s Independent System Operator—the entity that manages California’s grid) into a regional organization to promote the development of regional electricity transmission markets in the western states.” In other words, California expects to dictate how the Western grid operates.

One last note as to what drives much of California’s energy policy: politics. California State Senator Kevin de León (the author served with him in the State Assembly) drafted SB 350, the Clean Energy and Pollution Reduction Act. It became law in 2015. Sen. de León followed up with SB 100 in 2018, signed into law weeks before the 2018 election. SB 100 increased California’s renewable portfolio standard to 60% by 2030 and further requires all the state’s electricity to come from carbon-free sources by 2045, a capstone of the state’s climate policies that factor into the blackout debate.  

Sen. de León used his environmental credentials to burnish his run for the U.S. Senate against Sen. Dianne Feinstein, eventually capturing the endorsements of the California Democratic Party and billionaire environmentalist Tom Steyer, now running for president. Feinstein and de León advanced to the general in California’s jungle primary, where Feinstein won reelection 54.2% to 45.8%.

De León may have lost his race for the U.S. Senate, but his legacy will live on in increasingly unaffordable electricity and blackouts, not only in California, but in the rest of the Western United States—unless federal or state regulators begin to place a value on reliability. This could be done by requiring utility scale renewable power providers to guarantee dispatchable power, as policymakers try to avert a looming shortage of firm capacity, either through purchase agreements with thermal power plants or through the installation of giant and costly battery farms or other energy storage means.

 

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Florida says no to $400M in federal solar energy incentives

Florida Solar for All Opt-Out highlights Gov. DeSantis rejecting EPA grant funds under the Inflation Reduction Act, limiting low-income households' access to solar panels, clean energy programs, and promised electricity savings across disadvantaged communities.

 

Key Points

Florida Solar for All Opt-Out is the state declining EPA grants, restricting low-income access to solar energy savings.

✅ EPA grant under IRA aimed at low-income solar

✅ Estimated 20% electricity bill savings missed

✅ Florida lacks PPAs and renewable standards

 

Florida has passed up on up to $400 million in federal money that would have helped low-income households install solar panels.

A $7 billion grant “competition” to promote clean energy in disadvantaged communities by providing low-income households with access to affordable solar energy was introduced by President Joe Biden earlier this year, and despite his climate law's mixed results in practice, none of that money will reach Florida households.

The Environmental Protection Agency announced the competition in June as part of Biden’s Inflation Reduction Act. However, Florida Gov. Ron DeSantis has decided to pass on the $400 million up for grabs by choosing to opt out of the opportunity.

Inflation Reduction Act:What is the Inflation Reduction Act? Everything to know about one of Biden's big laws

The program would have helped Florida households reduce their electricity costs by a minimum of 20% during a key time when Floridians are leaving in droves due to a rising cost of living associated with soaring insurance costs, inflation, and proposed FPL rate hikes statewide.

Florida was one of six other states that chose not to apply for the money.

President Joe Biden announced a $7 billion “competition” to promote clean energy in disadvantaged communities.

The opportunity, named “Solar for All,” was announced by the EPA in June and promised to provide up to $7 billion in grants to states, territories, tribal governments, municipalities, and nonprofits to expand the number of low-income and disadvantaged communities primed for residential solar investment — enabling millions of low-income households to access affordable, resilient and clean solar energy.

The grant is intended to help lower energy costs for families, create jobs and help reduce greenhouse effects that accelerate global climate change by providing financial support and incentives to communities that were previously locked out of investments.


How much money would Floridians save under the ‘Solar for All’ solar panel grant?

The program aims to reduce household electricity costs by at least 20%. Florida households paid an average of $154.51 per month for electricity in 2022, just over 14% of the national average of $135.25, and debates over hurricane rate surcharges continue to shape customer bills, according to the U.S. Energy Information Administration. A 20% savings would drop those bills down to around $123 per month.

On the campaign trail, DeSantis has pledged to unravel Biden’s green energy agenda if elected president, amid escalating solar policy battles nationwide, slamming the Inflation Reduction Act and what he called “a concerted effort to ramp up the fear when it comes to things like global warming and climate change.”

His energy agenda includes ending Biden’s subsidies for electric cars while pushing policies that he says would ramp up domestic oil production.

“The subsidies are going to drive inflation higher,” DeSantis said at an event in September. “It’s not going to help with interest rates, and it is certainly not going to help with our unsustainable debt levels.”

DeSantis heading to third debate:As he enters third debate, Ron DeSantis has a big Nikki Haley problem

DeSantis’ plan to curb clean energy usage in Florida seems to be at odds with the state as a whole, and the region's evolving strategy for the South underscores why it has been ranked among the top three states to go solar since 2019, according to the Solar Energy Industries Association (SEIA).

SEIA also shows, however, that Florida lags behind many other states when it comes to solar policies, as utilities tilt the solar market in ways that influence policy outcomes statewide. Florida, for instance, has no renewable energy standards, which are used to increase the use of renewable energy sources for electricity by requiring or encouraging suppliers to provide customers with a stated minimum share of electricity from eligible renewable resources, according to the EIA.

Power purchase agreements, which can help lower the cost of going solar through third-party financing, are also not allowed in Florida, with court rulings on monopolies reinforcing the existing market structure. And there have been other policies implemented that drove other potential solar investments to other states.

 

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Franklin Energy and Consumers Energy Support Small Businesses During COVID-19 with Virtual Energy Coaching

Consumers Energy Virtual Energy Coaching connects Michigan small businesses with remote efficiency experts to cut utility costs, optimize energy usage, and access rebates and incentives, delivering safe COVID-19-era support and long-term savings through tailored assessments.

 

Key Points

A remote coaching service helping small businesses improve energy efficiency, access rebates, and cut utility costs.

✅ Three-call virtual coaching with usage review and savings plan

✅ Connects to rebates, incentives, and financing options

✅ Eligibility: <=1,200,000 kWh, <=15,000 MCF annually

 

Franklin Energy, a leading provider in energy efficiency and grid optimization solutions, announced today that they will implement Consumers Energy's Small Business Virtual Energy Coaching Service in response to the COVID-19 pandemic and broader industry coordination with federal partners across the power sector.

This Michigan-wide offering to natural gas, electric and combination small business customers provides a complimentary virtual energy-coaching service to help small businesses find ways to reduce electricity bills and benefit from lower utility costs, both now during COVID-19 and into the future, informed by similar Ontario electricity bill support efforts in other regions. To be eligible for the program, small businesses must have electric usage at or below 1,200,000 kWh annually and gas usage at or below 15,000 MCF annually.

"By developing lasting customer relationships and delivering consistent solutions through conversation, the Energy Coaching Program offers the next level of support for small business customers," said Hollie Whitmire, Franklin Energy program manager. "Energy coaching is suitable for all small businesses, but it's ideal for businesses that are new to energy efficiency or for those that have had low engagement with energy efficiency offerings and emerging new utility rate designs in years past."

Through a series of three calls, eligible small businesses can speak with an energy coach to help them connect to the right program offering available through Consumers Energy's energy efficiency programs for businesses, including demand response models like the Ontario Peak Perks program that support load management. From answering questions to reviewing energy usage, conducting assessments, identifying savings opportunities, and more, the energy coach is available to help small businesses put money back into their pocket now, when it matters most.

"Consumers Energy is committed to helping Michigan's small business community prosper, now more than ever, with examples such as Entergy's COVID-19 relief fund underscoring industry support," said Lauren Youngdahl Snyder, Consumers Energy's vice president of customer experience. "We are excited to work with Franklin Energy to develop an innovative solution for our small business customers. The Virtual Energy Coaching Service lets us engage our customers in a safe and effective manner, as seen with utilities waiving fees in Texas during the crisis, and has the potential to last even past the COVID-19 pandemic."

 

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Salmon and electricity at center of Columbia River treaty negotiations

Columbia River Treaty Negotiations involve Canada-U.S. talks on B.C. dams, flood control, hydropower sharing, and downstream benefits, prioritizing ecosystem health, First Nations rights, and salmon restoration while balancing affordable electricity for northwest consumers.

 

Key Points

Talks to update flood control, hydropower, and ecosystem terms for fair benefits to B.C. and U.S. communities.

✅ Public consultations across B.C.'s Columbia Basin

✅ First Nations priorities include salmon restoration

✅ U.S. seeks cheaper power; B.C. defends downstream benefits

 

With talks underway between Canada and the U.S. on the future of the Columbia River Treaty, the B.C. New Democrats have launched public consultations in the region most affected by the high-stakes negotiation.

“We want to ensure Columbia basin communities are consulted, kept informed and have their voices heard,” said provincial cabinet minister Katrine Conroy via a press release announcing meetings this month in Castlegar, Golden, Revelstoke, Nakusp, Nelson and other communities.

As well as having cabinet responsibility for the talks, Conroy’s Kootenay West riding includes several places that were inundated under the terms of the 1964 flood control and power generation treaty.

“We will continue to work closely with First Nations affected by the treaty, to ensure Indigenous interests are reflected in the negotiations,” she added by way of consolation to Indigenous people who’ve been excluded from the negotiating teams on both sides of the border.

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The stakes are also significant for the province as a whole. The basics of the treaty saw B.C. build dams to store water on this side of the border, easing the flood risk in the U.S. and allowing the flow to be evened out through the year. In exchange, B.C. was entitled to a share of the additional hydro power that could be generated in dams on the U.S. side.

B.C.’s sale of those downstream benefits to the U.S has poured almost $1.4 billion into provincial coffers over the past 10 years, albeit at a declining rate these days amid scrutiny from a regulator report on BC Hydro that raised concerns, because of depressed prices for cross-border electricity sales.

Politicians on the U.S. side have long sought to reopen the treaty, believing there was now a case for reducing B.C.’s entitlement.

They did not get across the threshold under President Barack Obama.

Then, last fall his successor Donald Trump served notice of intent, initiating the formal negotiations that commenced with a two day session last week in Washington, D.C. The next round is set for mid-August in B.C.

American objectives in the talks include “continued, careful management of flood risk; ensuring a reliable and economical power supply; and better addressing ecosystem concerns,” with recognition of recent BC Hydro demand declines during the pandemic.

“Economical power supply,” being a diplomatic euphemism for “cheaper electricity for consumers in the northwest states,” achievable by clawing back most of B.C.’s treaty entitlement.

On taking office last summer, the NDP inherited a 14-point statement of principles setting out B.C. hopes for negotiations to “continue the treaty” while “seeking improvements within the existing framework” of the 54-year-old agreement.

The New Democrats have endorsed those principles in a spirit of bipartisanship, even as Manitoba Hydro governance disputes play out elsewhere in Canada.

“Those principles were developed with consultation from throughout the region,” as Conroy advised the legislature this spring. “So I was involved, as well, in the process and knew what the issues were, right as they would come up.”

The New Democrats did chose to put additional emphasis on some concerns.

“There is an increase in discussion with Canada and First Nations on the return of salmon to the river,” she advised the house, recalling how construction of the enormous Grand Coulee Dam on the U.S. side in the 1930s wiped out salmon runs on the upper Columbia River.

“There was no consideration then for how incredibly important salmon was, especially to the First Nations people in our region. We have an advisory table that is made up of Indigenous representation from our region, and also we are discussing with Canada that we need to see if there’s feasibility here.”

As to feasibility, the obstacles to salmon migration in the upper reaches of the Columbia include the 168-metre high Grand Coulee and the 72-metre Chief Joseph dams on the U.S. side, plus the Keenleyside (52 metres), Revelstoke (175 metres) and Mica (240 metres) dams on the Canadian side.

Still, says Conroy “the First Nations from Canada and the tribes from the United States, have been working on scientific and technical documents and research to see if, first of all, the salmon can come up, how they can come up, and what the things are that have to be done to ensure that happens.”

The New Democrats also put more emphasis on preserving the ecosystem, aligning with clean-energy efforts with First Nations that support regional sustainability.

“I know that certainly didn’t happen in 1964, but that is something that’s very much on the minds of people in the Columbia basin,” said Conroy. “If we are going to tweak the treaty, what can we do to make sure the voices of the basin are heard and that things that were under no consideration in the ’60s are now a topic for consideration?”

With those new considerations, there’s still the status quo concern of preserving the downstream benefits as a trade off for the flooding and other impacts on this side of the border.

The B.C. position on that score is the same under the New Democrats as it was under the Liberals, despite a B.C. auditor general report on deferred BC Hydro costs.

“The level of benefits to B.C., which is currently solely in the form of the (electricity) entitlement, does not account for the full range of benefits in the U.S. or the impacts in B.C.,” says the statement of principle.

“All downstream U.S. benefits such as flood risk management, hydropower, ecosystems, water supply (including municipal, industrial and agricultural uses), recreation, navigation and other related benefits should be accounted for and such value created should be shared equitably between the two countries.”

No surprise if the Americans do not see it the same way.  But that is a topic for another day.

 

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Energy authority clears TEPCO to restart Niigata nuclear plant

TEPCO Kashiwazaki-Kariwa restart plan clears NRA fitness review, anchored by a seven-point safety code, Niigata consent, Fukushima lessons, seismic risk analysis, and upgrades to No. 6 and No. 7 reactors, each rated 1.35 GW.

 

Key Points

TEPCO's plan to restart Kashiwazaki-Kariwa under NRA rules, pending Niigata consent and upgrades to Units 6 and 7.

✅ NRA deems TEPCO fit; legally binding seven-point safety code

✅ Local consent required: Niigata review of evacuation and health impacts

✅ Initial focus on Units 6 and 7; 1.35 GW each, seismic upgrades

 

Tokyo Electric Power Co. cleared a major regulatory hurdle toward restarting a nuclear power plant in Niigata Prefecture, but the utility’s bid to resume its operations still hangs in the balance of a series of political approvals.

The government’s nuclear watchdog concluded Sept. 23 that the utility is fit to operate the plant, based on new legally binding safety rules TEPCO drafted and pledged to follow, even as nuclear projects worldwide mark milestones across different regulatory environments today. If TEPCO is found to be in breach of those regulations, it could be ordered to halt the plant’s operations.

The Nuclear Regulation Authority’s green light now shifts the focus over to whether local governments will agree in the coming months to restart the Kashiwazaki-Kariwa plant.

TEPCO is keen to get the plant back up and running. It has been financially reeling from the closure of its nuclear plants in Fukushima Prefecture following the triple meltdown at the Fukushima No. 1 nuclear plant in 2011 triggered by the earthquake and tsunami disaster.

In parallel, Japan is investing in clean energy innovations such as a large hydrogen system being developed by Toshiba, Tohoku Electric Power and Iwatani.

The company plans to bring the No. 6 and No. 7 reactors back online at the Kashiwazaki-Kariwa nuclear complex, which is among the world’s largest nuclear plants, amid China’s nuclear energy continuing on a steady development track in the region.

The two reactors each boast 1.35 gigawatts in output capacity, while Kenya’s nuclear plant aims to power industry as part of that country’s expansion. They are the newest of the seven reactors there, first put into service between 1996 and 1997.

TEPCO has not revealed specific plans yet on what to do with the older five reactors.

In 2017, the NRA cleared the No. 6 and No. 7 reactors under the tougher new reactor regulations established in 2013 in response to the Fukushima nuclear disaster, while jurisdictions such as Ontario support continued operation at Pickering under strict oversight.

It also closely scrutinized the operator’s ability to run the Niigata Prefecture plant safely, given its history as the entity responsible for the nation’s most serious nuclear accident.

After several rounds of meetings with top TEPCO managers, the NRA managed to hold the utility’s feet to the fire enough to make it pledge, in writing, to abide by a new seven-point safety code for the Kashiwazaki-Kariwa plant.

The creation of the new code, which is legally binding, is meant to hold the company accountable for safety measures at the facility.

“As the top executive, the president of TEPCO will take responsibility for the safety of nuclear power,” one of the points reads. “TEPCO will not put the facility’s economic performance above its safety,” reads another.

The company promised to abide by the points set out in writing during the NRA’s examination of its safety regulations.

TEPCO also vowed to set up a system where the president is directly briefed on risks to the nuclear complex, including the likelihood of earthquakes more powerful than what the plant is designed to withstand. It must also draft safeguard measures to deal with those kinds of earthquakes and confirm whether precautionary steps are in place.

The utility additionally pledged to promptly release public records on the decision-making process concerning crucial matters related to nuclear safety, and to preserve the documents until the facility is decommissioned.

TEPCO plans to complete its work to reinforce the safety of the No. 7 reactor in December. It has not set a definite deadline for similar work for the No. 6 reactor.

To restart the Kashiwazki-Kariwa plant, TEPCO needs to obtain consent from local governments, including the Niigata prefectural government.

The prefectural government is studying the plant’s safety through a panel of experts, which is reviewing whether evacuation plans are adequate as off-limits areas reopen and the health impact on residents from the Fukushima nuclear disaster.

Niigata Governor Hideyo Hanazumi said he will not decide on the restart until the panel completes its review.

The nuclear complex suffered damage, including from fire at an electric transformer, when an earthquake it deemed able to withstand hit in 2007.

 

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European Power Hits Records as Plants Start to Buckle in Heat

European Power Crisis intensifies as record electricity prices, nuclear output cuts, gas supply strain, heatwave drought, and Rhine shipping bottlenecks hit Germany, France, and Switzerland, tightening winter storage and driving long-term contracts higher.

 

Key Points

A surge in European power prices from heatwaves, nuclear curbs, Rhine coal limits, and reduced Russian gas supply.

✅ Record year-ahead prices in Germany and France

✅ Nuclear output curbed by warm river cooling limits

✅ Rhine low water disrupts coal logistics and generation

 

Benchmark power prices in Europe hit fresh records Friday as utilities are increasingly reducing electricity output in western Europe because of the hot weather. 

Next-year contracts in Germany and France, Europe’s biggest economies rose to new highs after Switzerland’s Axpo Holding AG announced curbs at one of its nuclear plants. Electricite de France SA is also reducing nuclear output because of high river temperatures and cooling water restrictions, while Uniper SE in Germany is struggling to get enough coal up the river Rhine. 

Europe is suffering its worst energy crunch in decades, and losing nuclear power is compounding the strain as gas cuts made by Russia in retaliation for sanctions drive a surge in prices. The extreme heat led to the driest July on record in France and is underscoring the impact that a warming climate is having on vital infrastructure.

Water levels on Germany’s Rhine have fallen so low that the river may effectively close soon, impacting supplies of coal to the plants next to it. The Rhone and Garonne in France and the Aare in Switzerland are all too warm to be used to cool nuclear plants effectively, forcing operators to limit energy output under environmental constraints. 

Northwest European weather forecast for the next two weeks:
relates to European Power Hits Records as Plants Start to Buckle in Heat
  
The German year-ahead contract gained as much as 2% to 413 euros a megawatt-hour on the European Energy Exchange AG. The French equivalent rose 1.9% to a record 535 euros. Long-term prices are coming under pressure because producing less power from nuclear and coal will increase the demand for natural gas, which is badly needed to fill storage sites ahead of the winter.  


France to Curb Nuclear Output as Europe’s Energy Crisis Worsens
Uniper SE said on Thursday that two of its coal-fired stations along the Rhine may need to curb output during the next few weeks as transporting coal along the Rhine becomes impossible. 

Plants on the river near Mannheim and Karlsruhe, operated by Grosskraftwerk Mannheim AG and EnBW AG, have previously struggled to source coal because of the shallow water, even as German renewables deliver more electricity than coal and nuclear at times. Both companies said generation hasn’t been affected yet. 

“The low tide is not currently affecting our generation of energy because our plants do not have the need for continuous fresh water,” a Steag GmbH spokesman said on Friday. “But the low tide level can make running plants and transporting coal more complicated than usual.”

The spokesman said though that there is slight reduction in output of about 10 to 15 megawatts, which would equate to a few percent, because of the hot temperatures. “This has been happening over some time now and is a problem for everyone because the plant system is not designed to withstand such hot temperatures,” he said.

 

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