CURB: Did Sebelius exert influence?

By Knight Ridder Tribune


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A state consumer agency is demanding to know whether Gov. Kathleen Sebelius and her lieutenant governor have tried to influence state regulators who are about to decide how much consumers will have to pay for wind power from Westar Energy.

The concern stems from a once-confidential memo written by the former chief executive of Westar Energy indicating that Sebelius and Lt. Gov. Mark Parkinson influenced utilities to pursue large-scale wind power by promising they would be "fully compensated" for any added costs of building wind plants. State policy has traditionally favored the cheapest form of energy.

A 2007 federal report projects that wind is likely to remain more expensive than coal, gas or nuclear power. A public hearing was held in Wichita on Westar's plan to add 300 megawatts of wind power to its system that serves 674,000 Kansans.

According to the company's filing, the additional wind power would cost $830 million over the next 20 years and the average customer would see a rate increase of about $2.25 a month in the early years of the plan.

David Springe, chief consumer counsel for the Citizens' Utility Ratepayer Board, said the agency wants to get to the bottom of whether the Sebelius administration has tried to influence the Kansas Corporation Commission, which sets utility rates. CURB, the state agency that represents residential and small-business utility customers, has asked two members of the commission - Thomas Wright and Michael Moffet - to recuse themselves from the case.

The third commissioner, Joseph Harkins, a former energy advisor to the governor, has already said he won't participate. KCC members are appointed by the governor but are required to act in a "quasi-judicial" role, free from politics and outside influences, when making rate decisions.

According to state law, if the remaining two commission members do not step down from the case, they will have to publicly state the reason for their decision. Corporate shift CURB vice chairman Randy Brown said he found it suspect that Westar and other companies' lack of enthusiasm for wind energy did an about-face after their chief executives met with the governor.

Brown said CURB supports wind power as part of the Kansas energy mix but wants it to be as economical as possible. The board unanimously approved making the recusal request to ensure that the commission's decisions remain independent, he said.

"It's not the governor's job to make assurances about utility rates," he said. Westar vice president Jim Ludwig acknowledged that the company rejected wind in 2004 as too costly. But the rising construction cost of new coal plants and the prospect of a "carbon tax" on greenhouse gas emissions is making the costs more comparable, he said. "The economics are shifting," Ludwig said.

"There are credible scenarios where a combination of wind and natural gas can be price competitive." Commission spokeswoman Rosemary Foreman said the commissioners plan to issue their decisions on the recusal request late this week.

In a written statement, the governor's office said: "The implication by CURB is off base. The Governor has never advised members of the KCC which utility applications they should approve, how they should set rates, or what those rates should be." However, an administration spokesperson declined to answer questions from The Eagle about whether the governor or lieutenant governor had urged the commission in general terms to support wind.

Also unanswered was a question of how the governor could assure the utilities' investment in wind would be compensated without exerting influence on the commission.

The e-mail memo at the heart of the issue was written on Dec. 21, 2006, and obtained by CURB in a data request in connection with the Westar case. In it, Westar's then-chief executive James Haines tells members of his staff that he and the heads of five other Kansas utilities met with the governor and then-Lt. Gov.-elect Parkinson.

In the meeting, Sebelius sketched out her plan - later made public in her State of the State address - to have Kansas get 10 percent of its energy from wind by 2010 and 20 percent by 2020, the memo said.

"The governor recognized that, for some companies, in the short run adding wind will increase cost," the memo said. "She further recognized that historically the rate-making standard at the KCC has emphasized the lowest cost means to achieve load. She indicated that the policy initiative will address this historical practice and will change it so that companies that commit to wind will be fully compensated."

Later, the memo said Parkinson asked the company heads to commit to the governor's wind plan. "I said that with the assurances that were made regarding cost recovery, that Westar would do its share, as did the other CEO's for their companies," Haines wrote.

A meeting schedule attached to CURB's filing shows five more meetings between Parkinson and Westar executives between Feb. 6 and Oct. 3, and one May 25 news conference with the governor and utility chief executives to discuss wind energy and conservation measures.

Revelation of the memo could increase friction between the governor and conservative legislators, who were already at odds over the administration's rejection of a coal-fired power plant in western Kansas. Sebelius appears to have made promises she couldn't keep unless she controlled what is supposed to be an independent utility commission, said Rep. Peggy Mast, R-Emporia, a member of the House Utilities Committee. She said she thinks Sebelius is trying to buff up her national image as a "green" governor, at the expense of Kansas electric ratepayers.

"The governor is making arrangements for her own benefit at the cost of her constituents... completely negating her responsibility to the people who are paying for it," she said. "I'm really not surprised, but to have it down in black-and-white where there's proof is astonishing."

The governor's statement said that neither she nor Parkinson did anything wrong. "On the meeting described, the governor and lieutenant governor did indicate that their intent was to let the state as a whole know of their support of wind; and they have done that," the statement said.

"They also acknowledged that electric utilities need to be compensated for costs of energy they develop." State officials were uncertain on how Westar's case will be handled if the commissioners all recuse themselves. Under state law, the KCC apparently would have to contract to have the case heard by another state agency, officials said.

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Philippines Reaffirms Clean Energy Commitment at APEC Summit

Philippines Clean Energy Commitment underscores APEC-aligned renewables, energy transition, and climate resilience, backed by policy incentives, streamlined regulation, technology transfer, and public-private investments to boost energy security, jobs, and sustainable growth.

 

Key Points

It is the nation's pledge to scale renewables and build climate resilience through APEC-aligned energy policy.

✅ Policy incentives, PPPs, and streamlined permits

✅ Grid upgrades, storage, and smart infrastructure

✅ Regional cooperation on tech transfer and capacity building

 

At the recent Indo-Pacific Economic Cooperation (APEC) Summit, the Philippines reiterated its dedication to advancing clean energy initiatives as part of its sustainable development agenda. This reaffirmation underscores the country's commitment to mitigating climate change impacts, promoting energy security, and fostering economic resilience through renewable energy solutions, with insights from an IRENA study on the power crisis informing policy direction.

Strategic Goals and Initiatives

During the summit, Philippine representatives highlighted strategic goals aimed at enhancing clean energy adoption and sustainability practices. These include expanding renewable energy infrastructure, accelerating energy transition efforts toward 100% renewables targets, and integrating climate resilience into national development plans.

Policy Framework and Regulatory Support

The Philippines has implemented a robust policy framework to support clean energy investments and initiatives. This includes incentives for renewable energy projects, streamlined regulatory processes, and partnerships with international stakeholders, such as ADFD-IRENA funding initiatives, to leverage expertise and resources in advancing sustainable energy solutions.

Role in Regional Cooperation

As an active participant in regional economic cooperation, the Philippines collaborates with APEC member economies to promote knowledge sharing, technology transfer, and capacity building in renewable energy development, as over 30% of global electricity is now generated from renewables, reinforcing the momentum. These partnerships facilitate collective efforts to address energy challenges and achieve mutual sustainability goals.

Economic and Environmental Benefits

Investing in clean energy not only reduces greenhouse gas emissions but also stimulates economic growth and creates job opportunities in the renewable energy sector. The Philippines recognizes the dual benefits of transitioning to cleaner energy sources, with projects like the Aboitiz geothermal financing award illustrating private-sector momentum, contributing to long-term economic stability and environmental stewardship.

Challenges and Opportunities

Despite progress, the Philippines faces challenges such as energy access disparities, infrastructure limitations, and financing constraints in scaling up clean energy projects, amid regional signals like India's solar slowdown and coal resurgence that underscore transition risks. Addressing these challenges requires innovative financing mechanisms, public-private partnerships, and community engagement to ensure inclusive and sustainable development.

Future Outlook

Moving forward, the Philippines aims to accelerate clean energy deployment through strategic investments, technology innovation, and policy coherence, aligning with the U.S. clean energy market trajectory toward majority share to capture emerging opportunities. Embracing renewable energy as a cornerstone of its economic strategy positions the country to attract investments, enhance energy security, and achieve resilience against global energy market fluctuations.

Conclusion

The Philippines' reaffirmation of its commitment to clean energy at the APEC Summit underscores its leadership in promoting sustainable development and addressing climate change challenges. By prioritizing renewable energy investments and fostering regional cooperation, the Philippines aims to build a resilient energy infrastructure that supports economic growth and environmental sustainability. As the country continues to navigate its energy transition journey, collaboration and innovation will be key in realizing a clean energy future that benefits present and future generations.

 

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EDP Plans to Reject $10.9 Billion-China Three Gorges Bid

EDP Takeover Bid Rejection signals pushback on China Three Gorges' acquisition bid, as investors, shareholders, and analysts cite low premium, valuation concerns, and strategic renewables assets across Portugal, the US, Brazil, and Europe utilities.

 

Key Points

EDP's board views China Three Gorges' 3.26 euro per share offer as too low, citing valuation and renewables exposure.

✅ Bid premium 4.8% above close seen as inadequate.

✅ Stock surged above offer; market expects higher price.

✅ Advisors UBS and Morgan Stanley guiding EDP.

 

EDP-Energias de Portugal SA is poised to reject a 9.1 billion euro ($10.9 billion) takeover offer from China Three Gorges Corp. on the grounds that it undervalues Portugal’s biggest energy company, according to people with knowledge of the matter.

The board of EDP, which may meet as early as this week, views the current bid of 3.26 euros a share as too low as it indicates a premium of 4.8 percent over Friday’s close, said the people, asking not to be identified because the discussions are private. EDP is also working with advisers including UBS Group AG and Morgan Stanley on the potential deal, they said.

Representatives for EDP, UBS and Morgan Stanley declined to comment. Representatives for Three Gorges didn’t immediately respond to requests for comment.

#google#

Shares of EDP surged the most in a decade to above the bid level on Monday, signaling that investors expect the Chinese utility, which is its biggest investor, to sweeten the offer to gain full control. For Three Gorges, which spent two decades building a hydro-power plant spanning China’s Yangtze River, the deal would bolster its efforts to expand abroad and give it deeper access to markets in Europe, the U.S. and Brazil.

China’s biggest renewable-energy developer already is the largest shareholder of EDP with a 23 percent stake and now is seeking more than 50 percent. While the government in Lisbon has indicated it’s comfortable with the Chinese offer, EDF electricity price deal illustrates policy dynamics in the region and it holds out little incentive for shareholders to tender their stock.

 

Stock Jumps

Shares of EDP rose 9.3 percent to 3.40 euros in Lisbon on Monday, even as rolling back European electricity prices remains challenging, after earlier jumping by the most since October 2008.

“We believe the price offered is too low for China Three Gorges to achieve full control of a vehicle that provides, among other things, a strategic footprint into U.S. renewables,” Javier Garrido, an analyst at JPMorgan Chase & Co., said in a note. “We expect management and minorities to claim a higher price.”

The offer adds to a wave of investments China has made overseas, both to earn a yield on its cash and to gain expertise in industries ranging from energy to telecommunications and transport. Concern about those deals has been mounting in the U.S. regulatory arena recently. European Union governments have been divided in their response, with Portugal among those most supportive of inward investment.

“China Three Gorges is an ambitious company, with expansion already in international hydro, Chinese onshore wind and floating solar, and European offshore wind,” said Angus McCrone, a senior analyst at Bloomberg New Energy Finance in London. “It may have to do better on bid price than the 5 percent premium so far offered for EDP.”

 

Fortum’s Troubles

The low premium offered by Three Gorges echoes the struggle Fortum Oyj had in winning over investors in its bid for Uniper SE last year, while North American deals such as Hydro One’s Avista bid faced customer backlash as well, highlighting parallels. The Finnish utility offered 8 billion euros to buy out the remainder of Uniper in September, immediately sending shares of the German power generator above the offer prices. At least for now, Fortum has settled for a 47 percent stake it bought in Uniper from EON SE, and most other shareholders decided to keep their stake.

The EDP transaction would advance a wave of consolidation among Europe’s leading utilities, which are acquiring assets and development skills in renewables as governments across the region crack down on pollution. EDP is one of Europe’s leading developers of renewable energy, building mainly wind farms and hydro plants, and has expanded in markets including Brazil and the U.S. electrification market.

 

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BC Hydro Rates to Rise by 3.75% Over Two Years

British Columbia electricity rate increase will raise BC Hydro bills 3.75% over 2025-2026 to fund infrastructure, Site C, and clean energy, balancing affordability, reliability, and energy security while keeping prices below the North American average.

 

Key Points

BC will raise BC Hydro rates 3.75% in 2025-2026, about $3.75/month, to fund grid upgrades, Site C, and clean energy.

✅ 3.75% over 2025-2026; about $3.75/month on $100 average bill

✅ Funds Site C, grid maintenance, and clean energy capacity

✅ Keeps BC Hydro rates below North American averages

 

British Columbia's electricity rates will experience a 3.75% increase over the next two years, following an earlier 3% rate increase approval that set the stage, as confirmed by the provincial government on March 17, 2025. The announcement was made by Minister of Energy and Climate Solutions, Adrian Dix, who emphasized the decision's necessity for maintaining BC Hydro’s infrastructure while balancing affordability for residents.

For most households, the increase will amount to an additional $3.75 per month, based on an average BC Hydro bill of $100, though some coverage framed an earlier phase as a BC Hydro $2/month proposal that later evolved. While this may seem modest, the increase reflects a broader strategy to stabilize the utility's rates amidst economic challenges and ensure long-term energy security for the province.

Reasons Behind the Rate Hike

The rate increase comes during a period of rising costs in both global markets and local economies. According to Dix, the economic uncertainty stemming from trade dynamics and inflation has forced the government to act. Despite these pressures, and after a prior B.C. rate freeze to moderate impacts, the increase remains below cumulative inflation over the last several years, a move designed to shield consumers from the full force of these economic changes.

Dix also noted that, when adjusted for inflation, electricity rates in British Columbia in 2025 are effectively at the same price they were four decades ago. This stability, he argued, underscores the provincial government’s commitment to keeping rates as low as possible for residents, even as operating costs rise.

“We must take urgent action to protect British Columbians from the uncertainty posed by rising costs while building a strong, resilient electricity system for the long-term benefit of B.C.’s energy independence,” Dix said. He also highlighted the government's approach to minimizing the financial burden on consumers by keeping electricity costs well below the North American average.

Infrastructure and Maintenance Costs

The primary justification for the rate increase is to allow BC Hydro to continue its critical infrastructure development, including the Site C hydroelectric project, which is expected to become operational in the coming years. The increased costs of maintaining and upgrading the province's electricity grid also contribute to the need for higher rates.

The Site C project, a massive hydroelectric dam under construction on the Peace River, is expected to provide a substantial increase in clean, renewable energy capacity. However, such large-scale projects require significant investment and maintenance, both of which have contributed to the increased operating costs for BC Hydro.

A Strategic Move for Rate Stability

The provincial government has been clear that the rate increase will allow for a continuation of infrastructure development while keeping the rates manageable for consumers. The 3.75% increase will be spread across two years, with the first hike scheduled for April 1, 2025, reflecting the typical April rate changes BC Hydro implements, and the second for April 1, 2026.

Dix confirmed that the rate hike would still keep electricity costs among the lowest in North America, noting that British Columbians pay about half of what residents in Alberta pay for electricity. This is part of a broader effort by the provincial government to provide stable energy pricing while bolstering the transition to clean energy solutions, such as the Site C project and other renewable energy initiatives.

Addressing Public Concerns

Although the government has framed the increase as a necessary measure to ensure the province's long-term energy independence and reliability, the rate hikes are likely to face scrutiny from residents, particularly those already struggling with the rising cost of living, even as provinces like Ontario face their own Ontario hydro rate increase pressures this fall.

Public reactions to utility rate increases are often contentious, as residents feel the pressure of rising prices across various sectors, from housing to healthcare. However, the government has promised that the new rates will remain manageable, especially considering the relatively low rate increases compared to inflation and other regions where Manitoba Hydro scaled back a planned increase to temper impacts.

Furthermore, the increase comes as part of a broader strategy that aims to keep the overall impact on consumers as low as possible. Minister Dix emphasized that these rate increases were intended to ensure the continued reliability of BC Hydro’s services, without overwhelming ratepayers.

Long-Term Goals

Looking ahead, the province's strategy centers on not only maintaining affordable electricity rates but also reinforcing the importance of renewable energy, while some jurisdictions consider a 2.5% annual increase plan over multiple years to stabilize their grids. As climate change becomes an increasingly pressing issue, BC’s investments in clean energy projects like Site C aim to provide sustainable power for generations to come.

The government’s long-term vision involves building a resilient, energy-independent province that can weather future economic and environmental challenges. In this context, the rate increases are framed not just as a response to immediate inflationary pressures but as a necessary step in preparing BC’s energy infrastructure for the future.

The 3.75% rate increase set for 2025 and 2026 represents a balancing act between managing the financial health of BC Hydro and protecting consumers from higher costs. While the increase will have a modest effect on household bills, the long-term goal is to build a more robust and sustainable electricity system for British Columbia’s future. Through investments in clean energy and strategic infrastructure development, the province aims to keep electricity rates competitive while positioning itself as a leader in energy independence and climate action.

 

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New Program Set to Fight for 'Electricity Future That Works for People and the Planet'

Energy Justice Program drives a renewables-based transition, challenging utility monopolies with legal action, promoting rooftop solar, distributed energy, public power, and climate justice to decarbonize the grid and protect communities and wildlife nationwide.

 

Key Points

A climate justice initiative advancing renewables, legal action, and public power to challenge utility monopolies.

✅ Challenges utility barriers to rooftop solar and distributed energy

✅ Advances state and federal policies for equitable, public power

✅ Uses litigation to curb fossil fuel dependence and protect communities

 

The Center for Biological Diversity on Monday rolled out a new program to push back against the nation's community- and wildlife-harming energy system that the climate advocacy group says is based on fossil fuels and a "centralized monopoly on power."

The goal of the new effort, the Energy Justice Program, is to help forge a path towards a just and renewables-based energy future informed by equitable regulation principles.

"Our broken energy system threatens our climate and our future," said Jean Su, the Energy Justice Program's new director, in a statement. "Utilities were given monopolies to ensure public access to electricity, but these dinosaur corporations are now hurting the public interest by blocking the clean energy transition, including via coal and nuclear subsidy schemes that profit off the fossil fuel era."

"In this era of climate catastrophe," she continued, "we have to stop these outdated monopolies and usher in a new electricity future that works for people and the planet."

To meet those goals, the new program will pursue a number of avenues, including using legal action to fight utilities' obstruction of clean energy efforts, helping communities advance local solar programs through energy freedom strategies in the South, and crafting energy policies on the state, federal, and international levels in step with commitments from major energy buyers to achieve a 90% carbon-free goal by 2030.

Some of that work is already underway. In June the Center filed a brief with a federal court in a bid to block Arizona power utility Salt River Project from slapping a 60-percent electricity rate hike on rooftop solar customers—amid federal efforts to reshape electricity pricing that critics say are being rushed—a move the group described (pdf) as an obstacle to achieving "the energy transition demanded by climate science."

The Center is among the groups in Energy Justice NC. The diverse coalition seeks to end the energy stranglehold in North Carolina held by Duke Energy, which continues to invest in fossil fuel projects even as it touts clean energy and grid investments in the region.

The time for a new energy system, says the Energy Justice Program, is now, as climate change impacts increasingly strain the grid.

"Amid this climate and extinction emergency," said Su, "the U.S. can't afford to stick with the same centralized, profit-driven electricity system that drove us here in the first place. We have to seize this once-in-a-generation opportunity to design a new system of accountable, equitable, truly public power."

 

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Russia suspected as hackers breach systems at power plants across US

US Power Grid Cyberattacks target utilities and nuclear plants, probing SCADA, ICS, and business networks at sites like Wolf Creek; suspected Russian actors, malware, and spear-phishing trigger DHS and FBI alerts on critical infrastructure resilience.

 

Key Points

Intrusions on energy networks probing ICS and SCADA, seeking persistence and elevating risks to critical infrastructure.

✅ Wolf Creek nuclear plant targeted; no operational systems breached

✅ Attackers leveraged stolen credentials, malware, and spear-phishing

✅ DHS and FBI issued alerts; utilities enhance cyber resilience

 

Hackers working for a foreign government recently breached at least a dozen US power plants, including the Wolf Creek nuclear facility in Kansas, according to current and former US officials, sparking concerns the attackers were searching for vulnerabilities in the electrical grid.

The rivals could be positioning themselves to eventually disrupt the nation’s power supply, warned the officials, who noted that a general alert, prompting a renewed focus on protecting the U.S. power grid, was distributed to utilities a week ago. Adding to those concerns, hackers recently infiltrated an unidentified company that makes control systems for equipment used in the power industry, an attack that officials believe may be related.

The chief suspect is Russia, according to three people familiar with the continuing effort to eject the hackers from the computer networks. One of those networks belongs to an ageing nuclear generating facility known as Wolf Creek -- owned by Westar Energy Inc, Great Plains Energy Inc, and Kansas Electric Power Cooperative Inc -- on a lake shore near Burlington, Kansas.

The possibility of a Russia connection is particularly worrying, former and current official s say, because Russian hackers have previously taken down parts of the electrical grid in Ukraine and appear to be testing increasingly advanced tools, including cyber weapons to disrupt power grids, to disrupt power supplies.

The hacks come as international tensions have flared over US intelligence agencies’ conclusion that Russia tried to influence the 2016 presidential election, and amid U.S. government condemnation of Russian power-grid hacking in recent advisories. The US, which has several continuing investigations into Russia’s activities, is known to possess digital weapons capable of disrupting the electricity grids of rival nations.

“We don’t pay attention to such anonymous fakes,” Kremlin spokesman Dmitry Peskov said, in response to a request to comment on alleged Russian involvement.

It was unclear whether President Donald Trump was planning to address the cyber attacks at his meeting on Friday with Russian President Vladimir Putin. In an earlier speech in Warsaw, Trump called out Russia’s “destabilising activities” and urged the country to join “the community of responsible nations.”

The Department of Homeland Security and Federal Bureau of Investigation said they are aware of a potential intrusion in the energy sector. The alert issued to utilities cited activities by hackers since May.

“There is no indication of a threat to public safety, as any potential impact appears to be limited to administrative and business networks,” the government agencies said in a joint statement.

The Department of Energy also said the impact appears limited to administrative and business networks and said it was working with utilities and grid operators to enhance security and resilience.

“Regardless of whether malicious actors attempt to exploit business networks or operational systems, we take any reports of malicious cyber activity potentially targeting our nation’s energy infrastructure seriously and respond accordingly,” the department said in an emailed statement.

Representatives of the National Security Council, the Director of National Intelligence and the Nuclear Regulatory Commission declined to comment. While Bloomberg News was waiting for responses from the government, the New York Times reported that hacks were targeting nuclear power stations.

The North American Electric Reliability Corp, a nonprofit that works to ensure the reliability of the continent’s power system, said it was aware of the incident and was exchanging information with the industry through a secure portal.

“At this time, there has been no bulk power system impact in North America,” the corporation said in an emailed statement.

In addition, the operational controls at Wolf Creek were not pierced, according to government officials, even as attackers accessed utility control rooms elsewhere in the U.S., according to separate reports. “There was absolutely no operational impact to Wolf Creek,” Jenny Hageman, a spokeswoman for the nuclear plant, said in a statement to Bloomberg News.

“The reason that is true is because the operational computer systems are completely separate from the corporate network.”

Determining who is behind an attack can be tricky. Government officials look at the sophistication of the tools, among other key markers, when gauging whether a foreign government is sponsoring cyber activities.

Several private security firms, including Symantec researchers, are studying data on the attacks, but none has linked the work to a particular hacking team or country.

“We don’t tie this to any known group at this point,” said Sean McBride, a lead analyst for FireEye Inc, a global cyber security firm. “It’s not to say it’s not related, but we don’t have the evidence at this point.”

US intelligence officials have long been concerned about the security of the country’s electrical grid. The recent attack, striking almost simultaneously at multiple locations, is testing the government’s ability to coordinate an effective response among several private utilities, state and local officials, and industry regulators.

Specialised teams from Homeland Security and the FBI have been scrambled to help extricate the hackers from the power stations, in some cases without informing local and state officials. Meanwhile, the US National Security Agency is working to confirm the identity of the hackers, who are said to be using computer servers in Germany, Italy, Malaysia and Turkey to cover their tracks.

Many of the power plants are conventional, but the targeting of a nuclear facility adds to the pressure. While the core of a nuclear generator is heavily protected, a sudden shutdown of the turbine can trigger safety systems. These safety devices are designed to disperse excess heat while the nuclear reaction is halted, but the safety systems themselves may be vulnerable to attack.

Homeland Security and the FBI sent out a general warning about the cyber attack to utilities and related parties on June 28, though it contained few details or the number of plants affected. The government said it was most concerned about the “persistence” of the attacks on choke points of the US power supply. That language suggests hackers are trying to establish backdoors on the plants’ systems for later use, according to a former senior DHS official who asked not to be identified.

Those backdoors can be used to insert software specifically designed to penetrate a facility’s operational controls and disrupt critical systems, according to Galina Antova, co-founder of Claroty, a New York firm that specialises in securing industrial control systems.

“We’re moving to a point where a major attack like this is very, very possible,” Antova said. “Once you’re into the control systems -- and you can get into the control systems by hacking into the plant’s regular computer network -- then the basic security mechanisms you’d expect are simply not there.”

The situation is a little different at nuclear facilities. Backup power supplies and other safeguards at nuclear sites are meant to ensure that “you can’t really cause a nuclear plant to melt down just by taking out the secondary systems that are connected to the grid,” Edwin Lyman, a nuclear expert with the Union of Concerned Scientists, said in a phone interview.

The operating systems at nuclear plants also tend to be legacy controls built decades ago and don’t have digital control systems that can be exploited by hackers. Wolf Creek, for example, began operations in 1985. “They’re relatively impervious to that kind of attack,” Lyman said.

The alert sent out last week inadvertently identified Wolf Creek as one of the victims of the attack. An analysis of one of the tools used by the hackers had the stolen credentials of a plant employee, a senior engineer. A US official acknowledged the error was not caught until after the alert was distributed.

According to a security researcher who has seen the report, the malware that activated the engineer’s username and password was designed to be used once the hackers were already inside the plant’s computer systems.

The tool tries to connect to non-public computers, and may have been intended to identify systems related to Wolf Creek’s generation plant, a part of the facility typically more modern than the nuclear reactor control room, according to a security expert who asked to note be identified because the alert is not public.

Even if there is no indication that the hackers gained access to those control systems, the design of the malware suggests they may have at least been looking for ways to do so, the expert said.

Stan Luke, the mayor of Burlington, the largest community near Wolf Creek, which is surrounded by corn fields and cattle pastures, said he learned about a cyber threat at the plant only recently, and then only through golfing buddies.

With a population of just 2,700, Burlington boasts a community pool with three water slides and a high school football stadium that would be the envy of any junior college. Luke said those amenities lead back to the tax dollars poured into the community by Wolf Creek, Coffey County’s largest employer with some 1,000 workers, 600 of whom live in the county.

E&E News first reported on digital attacks targeting US nuclear plants, adding it was code-named Nuclear 17. A senior US official told Bloomberg that there was a bigger breach of conventional plants, which could affect multiple regions.

Industry experts and US officials say the attack is being taken seriously, in part because of recent events in Ukraine. Antova said that the Ukrainian power grid has been disrupted at least twice, first in 2015, and then in a more automated attack last year, suggesting the hackers are testing methods.

Scott Aaronson, executive director for security and business continuity at the Edison Electric Institute, an industry trade group, said utilities, grid operators and federal officials were already dissecting the attack on Ukraine’s electric sector to apply lessons in North America before the US government issued the latest warning to “energy and critical manufacturing sectors”. The current threat is unrelated to recently publicised ransomware incidents or the CrashOverride malware, Mr Aaronson said in an emailed statement.

Neither attack in Ukraine caused long-term damage. But with each escalation, the hackers may be gauging the world’s willingness to push back.

“If you think about a typical war, some of the acts that have been taken against critical infrastructure in Ukraine and even in the US, those would be considered crossing red lines,” Antova said.

 

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When did BC Hydro really know about Site C dam stability issues? Utilities watchdog wants to know

BC Utilities Commission Site C Dam Questions press BC Hydro on geotechnical risks, stability issues, cost overruns, oversight gaps, seeking transparency for ratepayers and clarity on contracts, mitigation, and the powerhouse and spillway foundations.

 

Key Points

Inquiry seeking explanations from BC Hydro on geotechnical risks, costs, timelines and oversight for Site C.

✅ Timeline of studies, monitoring, and mitigation actions

✅ Rationale for contracts, costs, and right bank construction

✅ Implications for ratepayers, oversight, and project stability

 

The watchdog B.C. Utilities Commission has sent BC Hydro 70 questions about the troubled Site C dam, asking when geotechnical risks were first identified and when the project’s assurance board was first made aware of potential issues related to the dam’s stability. 

“I think they’ve come to the conclusion — but they don’t say it — that there’s been a cover-up by BC Hydro and by the government of British Columbia,” former BC Hydro CEO Marc Eliesen told The Narwhal. 

On Oct. 21, The Narwhal reported that two top B.C. civil servants, including the senior bureaucrat who prepares Site C dam documents for cabinet, knew in May 2019 that the project faced serious geotechnical problems due to its “weak foundation” and the stability of the dam was “a significant risk.” 

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“They [the civil servants] would have reported to their ministers and to the government in general,” said Eliesen, who is among 18 prominent Canadians calling for a halt to Site C work until an independent team of experts can determine if the geotechnical problems can be resolved and at what cost.  

“It’s disingenuous for Premier [John] Horgan to try to suggest, ‘Well, I just found out about it recently.’ If that’s the case, he should fire the public servants who are representing the province.” 

The public only found out about significant issues with the Site C dam at the end of July, when BC Hydro released overdue reports saying the project faces unknown cost overruns, schedule delays and, even as it achieved a transmission line milestone earlier, such profound geotechnical troubles that its overall health is classified as ‘red,’ meaning it is in serious trouble. 

“The geotechnical challenges have been there all these years.”

The Site C dam is the largest publicly funded infrastructure project in B.C.’s history. If completed, it will flood 128 kilometres of the Peace River and its tributaries, forcing families from their homes and destroying Indigenous gravesites, hundreds of protected archeological sites, some of Canada’s best farmland and habitat for more than 100 species vulnerable to extinction.

Eliesen said geotechnical risks were a key reason BC Hydro’s board of directors rejected the project in the early 1990s, when he was at the helm of BC Hydro.

“The geotechnical challenges have been there all these years,” said Eliesen, who is also the former Chair and CEO of Ontario Hydro, where Ontario First Nations have urged intervention on a critical electricity line, the former Chair of Manitoba Hydro and the former Chair and CEO of the Manitoba Energy Authority.

Elsewhere, a Manitoba Hydro line to Minnesota has faced potential delays, highlighting broader grid planning challenges.

The B.C. Utilities Commission is an independent watchdog that makes sure ratepayers — including BC Hydro customers — receive safe and reliable energy services, as utilities adapt to climate change risks, “at fair rates.”

The commission’s questions to BC Hydro include 14 about the “foundational enhancements” BC Hydro now says are necessary to shore up the Site C dam, powerhouse and spillways. 

The commission is asking BC Hydro to provide a timeline and overview of all geotechnical engineering studies and monitoring activities for the powerhouse, spillway and dam core areas, and to explain what specific risk management and mitigation practices were put into effect once risks were identified.

The commission also wants to know why construction activities continued on the right bank of the Peace River, where the powerhouse would be located, “after geotechnical risks materialized.” 

It’s asking if geotechnical risks played a role in BC Hydro’s decision in March “to suspend or not resume work” on any components of the generating station and spillways.

The commission also wants BC Hydro to provide an itemized breakdown of a $690 million increase in the main civil works contract — held by Spain’s Acciona S.A. and the South Korean multinational conglomerate Samsung C&T Corp. — and to explain the rationale for awarding a no-bid contract to an unnamed First Nation and if other parties were made aware of that contract. 

Peace River Jewels of the Peace Site C The Narwhal
Islands in the Peace River, known as the ‘jewels of the Peace’ will be destroyed for fill for the Site C dam or will be submerged underwater by the dam’s reservoir, a loss that opponents are sharing with northerners in community discussions. Photo: Byron Dueck

B.C. Utilities Commission chair and CEO David Morton said it’s not the first time the commission has requested additional information after receiving BC Hydro’s quarterly progress reports on the Site C dam. 

“Our staff reads them to make sure they understand them and if there’s anything in then that’s not clear we go then we do go through this, we call it the IR — information request — process,” Morton said in an interview.

“There are things reported in here that we felt required a little more clarity, and we needed a little more understanding of them, so that’s why we asked the questions.”

The questions were sent to BC Hydro on Oct. 23, the day before the provincial election, but Morton said the commission is extraordinarily busy this year and that’s just a coincidence. 

“Our resources are fairly strained. It would have been nice if it could have been done faster, it would be nice if everything could be done faster.” 

“These questions are not politically motivated,” Morton said. “They’re not political questions. There’s no reason not to issue them when they’re ready.”

The commission has asked BC Hydro to respond by Nov. 19.

Read more: Top B.C. government officials knew Site C dam was in serious trouble over a year ago: FOI docs

Morton said the independent commission’s jurisdiction is limited because the B.C. government removed it from oversight of the project. 

The commission, which would normally determine if a large dam like the Site C project is in the public’s financial interest, first examined BC Hydro’s proposal to build the dam in the early 1980s.

After almost two years of hearings, including testimony under oath, the commission concluded B.C. did not need the electricity. It found the Site C dam would have negative social and environmental impacts and said geothermal power should be investigated to meet future energy needs. 

The project was revived in 2010 by the BC Liberal government, which touted energy from the Site C dam as a potential source of electricity for California and a way to supply B.C.’s future LNG industry with cheap power.

Not willing to countenance another rejection from the utilities commission, the government changed the law, stripping the commission of oversight for the project. The NDP government, which came to power in 2017, chose not to restore that oversight.

“The approval of the project was exempt from our oversight,” Morton said. “We can’t come along and say ‘there’s something we don’t like about what you’re doing, we’re going to stop construction.’ We’re not in that position and that’s not the focus of these questions.” 

But the commission still retains oversight for the cost of construction once the project is complete, Morton said. 

“The cost of construction has to be recovered in [hydro] rates. That means BC Hydro will need our approval to recover their construction cost in rates, and those are not insignificant amounts, more than $10.7 billion, in all likelihood.” 

In order to recover the cost from ratepayers, the commission needs to be satisfied BC Hydro didn’t spend more money than necessary on the project, Morton said. 

“As you can imagine, that’s not a straight forward review to do after the fact, after a 10-year construction project or whatever it ends up being … so we’re using these quarterly reports as an opportunity to try to stay on top of it and to flag any areas where we think there may be areas we need to look into in the future.”

The price tag for the Site C dam was $10.7 billion before BC Hydro’s announcement at the end of July — a leap from $6.6 billion when the project was first announced in 2010 and $8.8 billion when construction began in 2015. 

Eliesen said the utilities commission should have been asking tough questions about the Site C dam far earlier. 

“They’ve been remiss in their due diligence activities … They should have been quicker in raising questions with BC Hydro, rather than allowing BC Hydro to be exceptionally late in submitting their reports.” 

BC Hydro is late in filing another Site C quarterly report, covering the period from April 1 to June 30. 

The quarterly reports provide the B.C. public with rare glimpses of a project that international hydro expert Harvey Elwin described as being more secretive than any hydro project he has encountered in five decades working on large dams around the world, including in China.

Read more: Site C dam secrecy ‘extraordinary’, international hydro construction expert tells court proceeding

Morton said the commission could have ordered regular reporting for the Site C project if it had its previous oversight capability.

“Then we would have had the ability to follow up and ultimately order any delinquent reports to be filed. In this circumstance, they are being filed voluntarily. They can file it as late as they choose. We don’t have any jurisdiction.” 

In addition to the six dozen questions, the commission has also filed confidential questions with BC Hydro. Morton said confidential information could include things such as competitive bid information. “BC Hydro itself may be under a confidentiality agreement not to disclose it.” 

With oversight, the commission would also have been able to drill down into specific project elements,  Morton said. 

“We would have wanted to ensure that the construction followed what was approved. BC Hydro wouldn’t have the ability to make significant changes to the design and nature of the project as they went along.”

BC Hydro has been criticized for changing the design of the Site C dam to an L-shape, which Eliesen said “has never been done anywhere in the world for an earthen dam.” 

Morton said an empowered commission could have opted to hold a public hearing about the design change and engage its own technical consultants, as it did in 2017 when the new NDP government asked it to conduct a fast-tracked review of the project’s economics. 

 

Construction Site C Dam
A recent report by a U.S. energy economist found cancelling the Site C dam project would save BC Hydro customers an initial $116 million a year, with increasing savings growing over time. Photo: Garth Lenz / The Narwhal

The commission’s final report found the dam could cost more than $12 billion, that BC Hydro had a historical pattern of overestimating energy demand and that the same amount of energy could be produced by a suite of renewables, including wind and proposed pumped storage such as the Meaford project, for $8.8 billion or less. 

The NDP government, under pressure from construction trade unions, opted to continue the project, refusing to disclose key financial information related to its decision. 

When the geotechnical problems were revealed in July, the government announced the appointment of former deputy finance minister Peter Milburn as a special Site C project advisor who will work with BC Hydro and the Site C project assurance board to examine the project and provide the government with independent advice.

Eliesen said BC Hydro and the B.C. government should never have allowed the recent diversion of the Peace River to take place given the tremendous geotechnical challenges the project faces and its unknown cost and schedule for completion. 

“It’s a disgrace and scandalous,” he said. “You can halt the river diversion, but you’ve got another four or five years left in construction of the dam. What are you going to do about all the cement you’ve poured if you’ve got stability problems?”

He said it’s counter-productive to continue with advice “from the same people who have been wrong, wrong, wrong,” without calling in independent global experts to examine the geotechnical problems. 

“If you stop construction, whether it takes three or six months, that’s the time that’s required in order to give yourself a comfort level. But continuing to do what you’ve been doing is not the right course. You should have to sit back.”

Eliesen said it reminded him of the Pete Seeger song Waist Deep in the Big Muddy, which tells the story of a captain ordering his troops to keep slogging through a river because they will soon be on dry ground. After the captain drowns, the troops turn around.

“It’s a reflection of the fact that if you don’t look at what’s new, you just keep on doing what you’ve been doing in the past and that, unfortunately, is what’s happening here in this province with this project.”

 

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