Appeal to lower bills loses

By Knight Ridder Tribune


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A campaign that was aimed at lowering people's electric bills has lost its case before the Filipino Court of Appeals.

The court has junked the petition of Senator Juan Ponce Enrile, Bishop Teodoro Bacani and 39 other petitioners questioning the constitutionality of the collection of the National Power Corp. (Napocor) and of the Manila Electric Co. (Meralco) of the controversial power purchase adjustment (PPA) and power purchase cost adjustment (PPCA). Both are additional rates imposed based on the power consumed by households, and added to their respective electric billings.

In a four-page resolution, the Court of Appeals dismissed the petition of Enrile and the other petitioners because of a technicality. The appellate court ruled that the petitioners failed to comply with its resolution dated July 20, mandating both parties to file their manifestation if there are supervening events that would render the case moot and academic.

The court also pointed out that Enrile and the other petitioners have shown lack of interest in the case in line with provisions in the Rules of Court. The decision was penned by Associate Justice Ramon Garcia.

Other appellate justices who concurred in the ruling are magistrates Josefina Guevara-Salonga and Vicente Roxas.

In its July 20 resolution, the Court of Appeals warned that the petitioners' failure to file their manifestation would be ground for the case's dismissal.

Enrile, Bacani, Linda Montayre, Herman Tiu Laurel and several other personalities filed their petition for certiorari with prayer for a temporary restraining order and/or writ of preliminary injunction on June 11, 2002, before Pasig Regional Trial Court Judge Alfredo Flores assailing the constitutionality of section 34 of Republic Act 9136, or the "Electric Power Industry Reform Act (EPIRA) Law."

The petitioners wished to enjoin Napocor and Meralco from imposing and collecting the power purchase adjustment and power purchase cost adjustment.

Judge Flores junked the petition on June 21, 2002, and the subsequent motion for reconsideration on October 3, 2002. The petitioners elevated the case with the Court of Appeals, which was assigned to then-Presiding Justice Ruben Reyes. The case was unloaded by Reyes when he was promoted to the Supreme Court. It was later raffled off to Justice Garcia.

In the Court of Appeals, Napocor asked for the dismissal of the case since supervening events had set in since "the subject PPA and PPCA charges are no longer included in the rate structures being charged by respondent Napocor to its customers, including respondent Meralco."

Napocor also argued that "there is in place a generation rate adjustment mechanism (GRAM) and incremental currency exchange rate adjustment (ICERA), which replaced PPCA and FOREX bundled rates. The implementation of these cost adjustments (is) subject t regulatory process, such as public hearings, before their approval by the (ERB)."

Meralco also prayed for the junking of the case since the power costs are now computed based on the guidelines for the automatic adjustment of generations rates and system loss rates of distribution utilities (AGRA) adopted by the Energy Regulatory Commission.

Adjusting the power rates is part of Meralco's mandate, while the validity of the power purchase adjustment as a special power rate has been upheld by the Supreme Court since 1986.

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Why rolling back European electricity prices is tougher than appears

EU Energy Price Crisis drives soaring electricity bills as natural gas sets pay-as-clear power prices; leaders debate price caps, common gas purchasing, market reform, renewables, and ETS changes amid Ukraine war supply shocks.

 

Key Points

A surge in gas-driven power costs linked to pay-as-clear pricing, supply shocks, and policy rifts across the EU market.

✅ Gas sets marginal power price via pay-as-clear mechanism

✅ Spain pushes decoupling and temporary price caps

✅ EU weighs joint gas buying, efficiency, more renewables

 

Nothing grabs politicians' attention faster than angry voters, and they've had plenty to be furious about as natural gas and electricity bills have soared to stomach-churning levels in recent months, as this UK natural gas analysis illustrates across markets.

That's led to a scramble to figure out ways to get those costs down, with emergency price-limiting measures under discussion — but that's turning out to be very difficult, so the likeliest result is that EU leaders meeting later this week won't come up with any solutions.

“There is no single easy answer to tackle the high electricity prices given the diversity of situations among Member States. Some options are only suitable for specific national contexts,” the European Commission said on Wednesday. “They all carry costs and drawbacks.” 

The initial problem was a surge in gas demand in Asia last year coupled with lower-than-normal Russian gas deliveries that left European gas storage at unusually low levels. Now the war in Ukraine is making matters even worse, as pressure grows for the bloc to rapidly cut its imports of Russian oil, coal and natural gas — although some national leaders reject the economic costs that would entail.

"We will end this dependence as quickly as we can, but to do that from one day to the next would mean plunging our country and all of Europe into a recession," German Chancellor Olaf Scholz warned on Wednesday.

The problem for the bloc is that its liberalized electricity market is tightly tied to the price of natural gas; power prices are set by the final input needed to balance demand — called pay-as-clear — which in most cases is set by natural gas. That's led to countries with large amounts of cheaper renewable or nuclear energy seeing sharp spikes in power prices thanks to the cost of that final bit of gas-fired electricity.

A Spanish-led coalition that includes Portugal, Belgium and Italy wants deep reforms to the EU price model, fueling a broader electricity market revamp debate in Brussels.

Others, such as the Netherlands and Germany, strongly oppose such an approach, echoing how nine countries oppose reforms at the EU level, and want to focus on cushioning the effects of the high prices on consumers and businesses, while letting the market operate. 

A third group, largely in Central Europe, wants to use the price spike to revamp or scrap the bloc's Emissions Trading System and to rethink its Fit for 55 climate legislation.

The European Commission has been holding the middle ground — arguing that the current market model makes sense, but encouraging countries to boost the amount of renewable electricity, in a wake-up call to ditch fossil fuels for Europe, to cut energy use and increase efficiency.

In draft conclusions of this week's European Council summit, seen by POLITICO, EU leaders, amid a France-Germany tussle over reform, call for things like a common approach to buying gas, aimed at preventing countries from competing against each other. But there's no big movement on electricity prices.

“It does not seem realistic to expect a result on the energy discussion at this European Council,” one diplomat said, stressing that the governments will need to see more analysis before committing to any more steps.

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Spain wanted a much more robust response. Madrid has been arguing since last summer for “decoupling” gas from the electricity market; together with Portugal, it also mulled limiting the wholesale price of electricity to €180 per megawatt-hour — a proposal that Spain abandoned under fire from industry and consumer groups. 

Now Madrid is pushing to get a specific permission in the summit's final conclusions that would allow countries to voluntarily apply certain short-term solutions such as gas price cap strategies, according to a draft with track changes seen by POLITICO.

The issue with a cap is if gas prices are higher than the cap, Spain might not be able to buy any gas.

 

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Alberta Faces Challenges with Solar Energy Expansion

Alberta Solar Energy Expansion confronts high installation costs, grid integration and storage needs, and environmental impact, while incentives, infrastructure upgrades, and renewable targets aim to balance reliability, land use, and emissions reductions provincewide.

 

Key Points

Alberta Solar Energy Expansion is growth in solar tempered by costs, grid limits, environmental impact, and incentives.

✅ High capex and financing challenge utility-scale projects

✅ Grid integration needs storage, transmission, and flexibility

✅ Site selection must mitigate land and wildlife impacts

 

Alberta's push towards expanding solar power is encountering significant financial and environmental hurdles. The province's ambitious plans to boost solar power generation have been met with both enthusiasm and skepticism as stakeholders grapple with the complexities of integrating large-scale solar projects into the existing energy framework.

The Alberta government has been actively promoting solar energy as part of its strategy to diversify the energy mix in a province that is a powerhouse for both green energy and fossil fuels today and reduce greenhouse gas emissions. Recent developments have highlighted the potential of solar power to contribute to Alberta's clean energy goals. However, the path forward is fraught with challenges related to costs, environmental impact, and infrastructure needs.

One of the primary issues facing the solar energy sector in Alberta is the high cost of solar installations. Despite decreasing costs for solar technology in recent years, the upfront investment required for large-scale solar farms remains substantial, even as some facilities have been contracted at lower cost than natural gas in Alberta today. This financial barrier has led to concerns about the economic viability of solar projects and their ability to compete with other forms of energy, such as natural gas and oil, which have traditionally dominated Alberta's energy landscape.

Additionally, there are environmental concerns associated with the development of solar farms. While solar energy is considered a clean and renewable resource, the construction of large solar installations can have environmental implications. These include potential impacts on local wildlife habitats, land use changes, where approaches like agrivoltaics can co-locate farming and solar, and the ecological effects of large-scale land clearing. As solar projects expand, balancing the benefits of renewable energy with the need to protect natural ecosystems becomes increasingly important.

Another significant challenge is the integration of solar power into Alberta's existing energy grid. Solar energy production is variable and dependent on weather conditions, especially with Alberta's limited hydro capacity for flexibility, which can create difficulties in maintaining a stable and reliable energy supply. The need for infrastructure upgrades and energy storage solutions is crucial to address these challenges and ensure that solar power can be effectively utilized alongside other energy sources.

Despite these challenges, the Alberta government remains committed to advancing solar energy as a key component of its renewable energy strategy. Recent initiatives include financial incentives and support programs aimed at encouraging investment in solar projects and supporting a renewable energy surge that could power thousands of jobs across Alberta today. These measures are designed to help offset the high costs associated with solar installations and make the technology more accessible to businesses and homeowners alike.

Local communities and businesses are also playing a role in the growth of solar energy in Alberta. Many are exploring opportunities to invest in solar power as a means of reducing energy costs and supporting sustainability efforts and, increasingly, to sell renewable energy into the market as demand grows. These smaller-scale projects contribute to the overall expansion of solar energy and demonstrate the potential for widespread adoption across the province.

The Alberta government has also been working to address the environmental concerns associated with solar energy development. Efforts are underway to implement best practices for minimizing environmental impacts and ensuring that solar projects are developed in an environmentally responsible manner. This includes conducting environmental assessments and working with stakeholders to address potential issues before projects are approved and built.

In summary, while Alberta's solar energy initiatives hold promise for advancing the province's clean energy goals, they are also met with significant financial and environmental challenges. Addressing these issues will be crucial to the successful expansion of solar power in Alberta. The government's ongoing efforts to support solar projects through incentives and infrastructure improvements, coupled with responsible environmental practices, will play a key role in determining the future of solar energy in the province.

 

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Ottawa won't oppose halt to Site C work pending treaty rights challenge

Site C Dam Injunction signals Ottawa's neutrality while B.C. reviews a hydroelectric dam project on the Peace River, amid First Nations treaty rights claims, federal approval defenses, and scrutiny of environmental assessment and Crown consultation.

 

Key Points

A legal request to pause Site C while courts weigh First Nations treaty rights, environmental review, and approvals.

✅ Ottawa neutral on injunction; still defends federal approvals

✅ First Nations cite treaty rights over Peace River territory

✅ B.C. jurisdiction, environmental assessment and Crown consultation at issue

 

The federal government is not going to argue against halting construction of the controversial Site C hydroelectric dam in British Columbia while a B.C. court decides if the project violates constitutionally protected treaty rights.

 

Work on Site C suspended prior to First Nations lawsuit

However a spokeswoman for Environment Minister Catherine McKenna said Monday the government will continue to defend the federal approval given for the project in December 2014, even though that approval was given using an environmental review process McKenna herself has said is fundamentally flawed.

The Site C project is an 1,100-megawatt dam and generating station on the Peace River in northern B.C. that will flood parts of the traditional territory of the West Moberly and Prophet River First Nations.

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In January, they filed a civil court case against the provincial government, B.C. Hydro and the federal government asking a judge to decide if their rights were being violated by the dam. A few weeks later, West Moberly asked the court for an injunction to halt construction pending the outcome of the rights case, similar to other contested transmission projects like the Maine electricity corridor debate in New England.

On May 11, lawyers for Attorney General Jody Wilson-Raybould filed a notice that Canada would remain neutral on the question of the injunction, meaning Canada won't argue against the idea of postponing construction for months, if not years, while the rights case winds through the court.

Wilson-Raybould has been silent on Site C since being named Canada's minister of justice in 2015, but in 2012, when she was the B.C. regional chief for the Assembly of First Nations, she said the project was "running roughshod" over treaty rights. The Justice Department on Monday directed questions to Environment and Climate Change Canada.

 

Defence of environmental assessment

McKenna's spokeswoman, Caroline Theriault, said the injunction request is just a procedural step regarding construction and that it is B.C. jurisdiction not federal.

However, she said Canada will defend the environmental assessment and Crown consultation processes and the federally issued permits required for construction.

 

B.C. auditor general set to scrutinize Site C dam project

McKenna has legislation before the House of Commons to overhaul the process for environmental assessment of major projects like hydro dams and pipelines, arguing the former government's procedures had skewed too far towards proponents. The overhaul includes requiring traditional Indigenous knowledge be taken into account, a consideration also central to the Columbia River Treaty talks underway on both sides of the border.

However, Theriault said the commitment to overhaul the process also included a promise not to revisit projects that had already been approved, such as Site C.

"The federal environmental assessment process for the Site C project has already been upheld in other court actions," said Theriault.

 

'It feels kind of odd'

West Moberly Chief Roland Wilson said he was both excited and yet concerned by Canada's decision last week not to oppose the injunction.

"It feels kind of odd and makes me wonder what they're up to," Wilson said.

However he said all he has ever wanted was for the project to be stopped until the question of rights can be answered. Wilson said two previous dams on the Peace River already flooded 80 per cent of the functional land within West Moberly's territory and that Site C will flood half of what's left. That land is used for fishing and hunting and there is also concern the dam will allow mercury to leak into Moberly Lake, he said.

 

Retiree undaunted by steep odds against his petition to stop Site C dam

Construction began in 2015 and more than $2.4 billion has already been spent on a project that will at the earliest, not be completed until 2024 and will cost an estimated $10 billion total, with cost overrun risks underscored by the Muskrat Falls ratepayer agreement in Atlantic Canada.

The province continues to argue against the injunction and will also fight the rights case, even as Alberta suspends power purchase talks with B.C. over energy disputes. Premier John Horgan campaigned on a promise to review the Site C approval. A B.C. Utilities Commission report in November found there are alternatives to building it and that it will go over budget. Nevertheless Horgan in December said he had to let construction continue because cancelling the project would be too costly both for the province and its electricity consumers, despite the B.C. rate freeze announced around the same period.

 

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UK windfarms generate record amount of electricity during Storm Malik

UK Wind Power Record as Storm Malik boosts renewable electricity, with National Grid reporting 19,500 megawatts in Scotland, cutting fossil fuel use and easing market prices on the path toward net zero targets.

 

Key Points

An all-time peak in UK wind generation, reaching 19,500 MW during Storm Malik, supplying over half of electricity.

✅ Peak: 19,500 MW, over 50% of UK electricity.

✅ Driven by Storm Malik; strongest winds in Scotland.

✅ Lowered market prices; reduced fossil fuel generation.

 

The UK’s windfarms generated a new record for wind power generation over the weekend as Storm Malik battered parts of Scotland and northern England.

Wind speeds of up to 100 miles an hour recorded in Scotland's wind farms helped wind power generation to rise to a provisional all-time high of more than 19,500 megawatts – or more than half the UK’s electricity – according to data from National Grid.

National Grid’s electricity system operator said that although it recognised the new milestone towards the UK’s ‘net zero’ carbon future, where wind is leading the power mix according to recent analyses, it was “also thinking of those affected by Storm Malik”.

The deadly storm caused widespread disruption over the weekend, leaving thousands without electricity and killing two people.

Many of the areas affected by Storm Malik were also hit in December by Storm Arwen, which caused the most severe disruption to power supplies since 2005, leaving almost a million homes without power for up to 12 days.

The winter storms have followed a summer of low wind power generation across the UK and Europe, even though wind produced more electricity than coal for the first time in 2016, which caused increased use of gas power plants during a global supply shortfall.

Gas markets around the world reached record highs due to rising demand for gas, and UK electricity prices hit a 10-year high as economies have rebounded from the economic shock of the Covid-19 pandemic. In the UK, electricity market prices reached an all-time high of more than £424.60 a megawatt-hour in September, compared with an average price of £44/MWh in the same month the year before.

The UK’s weekend surge in renewable electricity helped to provide a temporary reprieve from its heavy reliance on fossil fuel generation in recent months, and on some days wind has been the main source of UK electricity, which has caused market prices to reach record highs.

The market price for electricity on Saturday fell to £150.59 pounds a megawatt-hour, the lowest level since 3 January, while UK peak power prices have risen with the price for power on Sunday, when wind was expected to fall, jumping to more than £193.50/MWh.

The new wind generation record bettered a high recorded last year when the gusty May bank holiday weekend recorded 17.6GW.

 

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NTPC bags order to supply 300 MW electricity to Bangladesh

NTPC Bangladesh Power Supply Tender sees NVVN win 300 MW, long-term cross-border electricity trade to BPDB, enabled by 500 MW HVDC interconnection; rivals included Adani, PTC, and Sembcorp in the competitive bidding process.

 

Key Points

It is NTPC's NVVN win to supply 300 MW to Bangladesh's BPDB for 15 years via a 500 MW HVDC link.

✅ NVVN selected as L1 for short and long-term supply

✅ 300 MW to BPDB; delivery via India-Bangladesh HVDC link

✅ Competing bidders: Adani, PTC, Sembcorp

 

NTPC, India’s biggest electricity producer in a nation that is now the third-largest electricity producer globally, on Tuesday said it has won a tender to supply 300 megawatts (MW) of electricity to Bangladesh for 15 years.

Bangladesh Power Development Board (BPDP), in a market where Bangladesh's nuclear power is expanding with IAEA assistance, had invited tenders for supply of 500 MW power from India for short term (1 June, 2018 to 31 December, 2019) and long term (1 January, 2020 to 31 May, 2033). NTPC Vidyut Vyapar Nigam (NVVN), Adani Group, PTC and Singapore-bases Sembcorp submitted bids by the scheduled date of 11 January.

Financial bid was opened on 11 February, the company said in a statement, amid rising electricity prices domestically. “NVVN, wholly-owned subsidiary of NTPC Limited, emerged as successful bidder (L1), both in short term and long term for 300 MW power,” it said.

Without giving details of the rate at which power will be supplied, NTPC said supply of electricity is likely to commence from June 2018 after commissioning of 500 MW HVDC inter-connection project between India and Bangladesh, and as the government advances nuclear power initiatives to bolster capacity in the sector. India currently exports approximately 600 MW electricity to Bangladesh even as authorities weigh coal rationing measures to meet surging demand domestically.

 

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Iran supplying 40% of Iraq’s need for electricity

Iran Electricity Exports to Iraq address power shortages and blackouts, supplying 1,200-1,500 MW and gas for 2,500 MW, amid sanctions, aging grid losses, rising peak demand, and TAVANIR plans to expand cross-border energy capacity.

 

Key Points

Energy flows from Iran supply Iraq with 1,200-1,500 MW plus gas yielding 2,500 MW, easing shortages and blackouts.

✅ 1,200-1,500 MW direct power; gas adds 2,500 MW generation

✅ Iraq exempt on Iranian gas, but faces US pressure

✅ Aging grid loses 25%; $30B upgrades needed

 

“Iran exports 1,200 megawatts to 1,500 megawatts of electricity to Iraq per day, reflecting broader regional power trade dynamics, as Iraq is dealing with severe power shortages and frequent blackouts,” Hamid Hosseini said.

As he added, Iran also exports 37 million to 38 million cubic meters of gas to the country, much of it used in combined-cycle power plants to save energy and boost generation.

On September 11, Iraq’s electricity minister, Luay al Khateeb, said the country needs Iranian gas to generate electricity for the next three or four years, as energy cooperation discussions continue between Baghdad and Tehran.

Iraq was exempted from sanctions concerning Iranian gas imports; however, the U.S. has been pressing all countries to stop trading with Tehran.

Iraq's population has been protesting to authorities over power cuts. Iran exports 1,200 megawatts of direct power supplies and its gas is converted into 2,500 MW of electricity. According to al Khateeb, the current capacity is 18,000 MW, with peak demand of 25,000 MW possible during the hot summer months when consumption surges, a figure that rises every year.

Any upgrades would need investment of at least $30 billion, with grid rehabilitation efforts underway to modernize infrastructure, as the grid is 50 years old and loses 25 percent of its capacity due to Isis attacks.

In late July, Managing Director of Gharb (West) Regional Electricity Company Ali Asadi said Iran has high capacity and potential to export electricity up to twofold of the current capacity to neighboring Iraq, as it eyes transmitting electricity to Europe to serve as a regional hub as well.

He pointed to the new strategy of Iran Power Generation, Transmission & Distribution Management Company (TAVANIR) for increasing electricity export to neighboring Iraq and reiterated, “the country enjoys high potential to export 1,200 megawatts electricity to neighboring Iraq,” while Iraq is also exploring nuclear power plants to tackle electricity shortages.

 

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