Mike Deering to join LIPA

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The Long Island Power Authority named Mike Deering vice president of environmental affairs, a new position.

Deering, currently vice president of government affairs at the Long Island Association, a business advocacy group, previously served as energy and environmental commissioner for Suffolk County. While at Suffolk, Deering worked alongside Kevin Law, the former deputy county executive who recently took over as chief executive and president of LIPA. LIPA and LIA officials weren't available to comment on the appointment.

Deering comes to LIPA with a long environmental record at a time when the authority said it plans to give greater emphasis to renewable energy, energy efficiency and conservation programs, and as it considers new proposals to overhaul antiquated power plants. LIPA is also examining new wind-energy proposals after scrapping a project off-shore near Jones Beach because of cost issues.

Deering was among those responsible for pushing government to set aside large tracts of land in the Pine Barrens region, and he is known in environmental circles as a well-organized professional. Environmentalists said if true, the appointment boded well for their causes.

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18% of electricity generated in Canada in 2019 came from fossil fuels

EV Decarbonization Strategy weighs life-cycle emissions and climate targets, highlighting mode shift to public transit, cycling, and walking, grid decarbonization, renewable energy, and charging infrastructure to cut greenhouse gases while reducing private car dependence.

 

Key Points

A plan to cut transport emissions by pairing EV adoption with mode shift, clean power, and less private car use.

✅ Prioritize mode shift: transit, cycling, and walking.

✅ Electrify remaining vehicles with clean, renewable power.

✅ Expand charging, improve batteries, and manage critical minerals.

 

California recently announced that it plans to ban the sales of gas-powered vehicles by 2035, a move similar to a 2035 electric vehicle mandate seen elsewhere, Ontario has invested $500 million in the production of electric vehicles (EVs) and Tesla is quickly becoming the world's highest-valued car company.

It almost seems like owning an electric vehicle is a silver bullet in the fight against climate change, but it isn't, as a U of T study explains today. What we should also be focused on is whether anyone should use a private vehicle at all.
 
As a researcher in sustainable mobility, I know this answer is unsatisfying. But this is where my latest research has led.

Battery EVs, such as the Tesla Model 3 - the best selling EV in Canada in 2020 - have no tailpipe emissions. But they do have higher production and manufacturing emissions than conventional vehicles, and often run on electricity that comes from fossil fuels.

Almost 18 per cent of the electricity generated in Canada came from fossil fuels in 2019, and even as Canada's EV goals grow more ambitious today, the grid mix varies from zero in Quebec to 90 per cent in Alberta.
 
Researchers like me compare the greenhouse gas emissions of an alternative vehicle, such as an EV, with those of a conventional vehicle over a vehicle lifetime, an exercise known as a life-cycle assessment. For example, a Tesla Model 3 compared with a Toyota Corolla can provide up to 75 per cent reduction in greenhouse gases emitted per kilometre travelled in Quebec, but no reductions in Alberta.

 

Hundreds of millions of new cars

To avoid extreme and irreversible impacts on ecosystems, communities and the overall global economy, we must keep the increase in global average temperatures to less than 2 C - and ideally 1.5 C - above pre-industrial levels by the year 2100.

We can translate these climate change targets into actionable plans. First, we estimate greenhouse gas emissions budgets using energy and climate models for each sector of the economy and for each country. Then we simulate future emissions, taking alternative technologies into account, as well as future potential economic and societal developments.

I looked at the U.S. passenger vehicle fleet, which adds up to about 260 million vehicles, while noting the potential for Canada-U.S. collaboration in this transition, to answer a simple question: Could the greenhouse gas emissions from the sector be brought in line with climate targets by replacing gasoline-powered vehicles with EVs?

The results were shocking. Assuming no changes to travel behaviours and a decarbonization of 80 per cent of electricity, meeting a 2 C target could require up to 300 million EVs, or 90 per cent of the projected U.S. fleet, by 2050. That would require all new purchased vehicles to be electric from 2035 onwards.

To put that into perspective, there are currently 880,000 EVs in the U.S., or 0.3 per cent of the fleet. Even the most optimistic projections, despite hype about an electric-car revolution gaining steam, from the International Energy Agency suggest that the U.S. fleet will only be at about 50 per cent electrified by 2050.

 

Massive and rapid electrification

Still, 90 per cent is theoretically possible, isn't it? Probably, but is it desirable?

In order to hit that target, we'd need to very rapidly overcome all the challenges associated with EV adoption, such as range anxiety, the higher purchase cost and availability of charging infrastructure.
 
A rapid pace of electrification would severely challenge the electricity infrastructure and the supply chain of many critical materials for the batteries, such as lithium, manganese and cobalt. It would require vast capacity of renewable energy sources and transmission lines, widespread charging infrastructure, a co-ordination between two historically distinct sectors (electricity and transportation systems) and rapid innovations in electric battery technologies. I am not saying it's impossible, but I believe it's unlikely.

Read more: There aren't enough batteries to electrify all cars - focus on trucks and buses instead

So what? Shall we give up, accept our collective fate and stop our efforts at electrification?

On the contrary, I think we should re-examine our priorities and dare to ask an even more critical question: Do we need that many vehicles on the road?

 

Buses, trains and bikes

Simply put, there are three ways to reduce greenhouse gas emissions from passenger transport: avoid the need to travel, shift the transportation modes or improve the technologies. EVs only tackle one side of the problem, the technological one.

And while EVs do decrease emissions compared with conventional vehicles, we should be comparing them to buses, including leading electric bus fleets in North America, trains and bikes. When we do, their potential to reduce greenhouse gas emissions disappears because of their life cycle emissions and the limited number of people they carry at one time.

If we truly want to solve our climate problems, we need to deploy EVs along with other measures, such as public transit and active mobility. This fact is critical, especially given the recent decreases in public transit ridership in the U.S., mostly due to increasing vehicle ownership, low gasoline prices and the advent of ride-hailing (Uber, Lyft)

Governments need to massively invest in public transit, cycling and walking infrastructure to make them larger, safer and more reliable, rather than expanding EV subsidies alone. And we need to reassess our transportation needs and priorities.

The road to decarbonization is long and winding. But if we are willing to get out of our cars and take a shortcut through the forest, we might get there a lot faster.

Author: Alexandre Milovanoff - Postdoctoral Researcher, Environmental Engineering, University of Toronto The Conversation

 

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From smart meters to big batteries, co-ops emerge as clean grid laboratories

Minnesota Electric Cooperatives are driving grid innovation with smart meters, time-of-use pricing, demand response, and energy storage, including iron-air batteries, to manage peak loads, integrate wind and solar, and cut costs for rural members.

 

Key Points

Member-owned utilities piloting load management, meters, and storage to integrate wind and solar, cutting peak demand.

✅ Time-of-use pricing pilots lower bills and shift peak load.

✅ Iron-air battery tests add multi-day, low-cost energy storage.

✅ Smart meters enable demand response across rural co-ops.

 

Minnesota electric cooperatives have quietly emerged as laboratories for clean grid innovation, outpacing investor-owned utilities on smart meter installations, time-based pricing pilots, and experimental battery storage solutions.

“Co-ops have innovation in their DNA,” said David Ranallo, a spokesperson for Great River Energy, a generation and distribution cooperative that supplies power to 28 member utilities — making it one of the state’s largest co-op players.

Minnesota farmers helped pioneer the electric co-op model more than a century ago, similar to modern community-generated green electricity initiatives, pooling resources to build power lines, transformers and other equipment to deliver power to rural parts of the state. Today, 44 member-owned electric co-ops serve about 1.7 million rural and suburban customers and supply almost a quarter of the state’s electricity.

Co-op utilities have by many measures lagged on clean energy. Many still rely on electricity from coal-fired power plants. They’ve used political clout with rural lawmakers to oppose new pollution regulations and climate legislation, and some have tried to levy steep fees on customers who install solar panels.

Where they are emerging as innovators is with new models and technology for managing electric grid loads — from load-shifting water heaters to a giant experimental battery made of iron. The programs are saving customers money by delaying the need for expensive new infrastructure, and also showing ways to unlock more value from cheap but variable wind and solar power.

Unlike investor-owned utilities, “we have no incentive to invest in new generation,” said Darrick Moe, executive director of the Minnesota Rural Electric Association. Curbing peak energy demand has a direct financial benefit for members.

Minnesota electric cooperatives have launched dozens of programs, such as the South Metro solar project, in recent years aimed at reducing energy use and peak loads, in particular. They include:

Cost calculations are the primary driver for electric cooperatives’ recent experimentation, and a lighter regulatory structure and evolving electricity market reforms have allowed them to act more quickly than for-profit utilities.

“Co-ops and [municipal utilities] can act a lot more nimbly compared to investor-owned utilities … which have to go through years of proceedings and discussions about cost-recovery,” said Gabe Chan, a University of Minnesota associate professor who has researched electric co-ops extensively. Often, approval from a local board is all that’s required to launch a venture.

Great River Energy’s programs, which are rebranded and sold through member co-ops, yielded more than 101 million kilowatt-hours of savings last year — enough to power 9,500 homes for a year.

Beyond lowering costs for participants and customers at large, the energy-saving and behavior-changing programs sometimes end up being cited as case studies by larger utilities considering similar offerings. Advocates supporting a proposal by the city of Minneapolis and CenterPoint Energy to allow residents to pay for energy efficiency improvements on their utility bills through distributed energy rebates used several examples from cooperatives.

Despite the pace of innovation on load management, electric cooperatives have been relatively slow to transition from coal-fired power. More than half of Great River Energy’s electricity came from coal last year, and Dairyland Power, another major power wholesaler for Minnesota co-ops, generated 70% of its energy from coal. Meanwhile, Xcel Energy, the state’s largest investor-owned utility, has already reduced coal to about 20% of its energy mix.

The transition to cleaner power for some co-ops has been slowed by long-term contracts with power suppliers that have locked them into dirty power. Others have also been stalled by management or boards that have been resistant to change. John Farrell, director of the Institute for Local Self-Reliance’s Energy Democracy program, said generalizing co-ops is difficult. 

“We’ve seen some co-ops that have got 75-year contracts for coal, that are invested in coal mines and using their newsletter to deny climate change,” he said. “Then you see a lot of them doing really amazing things like creating energy storage systems … and load balancing [programs], because they are unique and locally managed and can have that freedom to experiment without having to go through a regulatory process.”

Great River Energy, for its part, says it intends to reach 54% renewable generation by 2025, while some communities, like Frisco, Colorado, are targeting 100% clean electricity by specific dates. Its members recently voted to sell North Dakota’s largest coal plant, but the arrangement involves members continuing to buy power from the new owners for another decade.

The cooperative’s path to clean power could become clearer if its experimental iron-air battery project is successful. The project, the first of its kind in the country, is expected to be completed by 2023.

 

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Construction starts on disputed $1B electricity corridor

New England Clean Energy Connect advances despite court delays, installing steel poles on a Maine corridor for Canadian hydropower, while legal challenges seek environmental review; permits, jobs, and grid upgrades drive the renewable transmission project.

 

Key Points

An HV line in Maine delivering 1,200 MW of Canadian hydropower to New England to cut emissions and stabilize costs.

✅ Appeals court pauses 53-mile new section; upgrades continue

✅ 1,200 MW hydropower aims to cut emissions, stabilize rates

✅ Permits issued; environmental review litigation ongoing

 

Construction on part of a $1 billion electricity transmission corridor through sparsely populated woods in western Maine is on hold because of legal action, echoing Clean Line's Iowa withdrawal amid court uncertainty, but that doesn't mean all building has been halted.

Workers installed the first of 829 steel poles Tuesday on a widened portion of the existing corridor that is part of the project near The Forks, as the groundwork is laid for the 145-mile ( 230-kilometre ) New England Clean Energy Connect, a project central to Maine's debate over the 145-mile line moving forward.

The work is getting started even though the 1st U.S. Circuit Court of Appeals delayed construction of a new 53-mile ( 85-kilometre ) section.

Three conservation groups are seeking an injunction to delay the project while they sue to force the U.S. Army Corps of Engineers to conduct a more rigorous environmental review.

In western Maine, workers already have staged heavy equipment and timber “mats” that will be used to prevent the equipment from damaging the ground. About 275 Maine workers already have been hired, and more would be hired if not for the litigation, officials said.

“This project has always promised to provide an economic boost to Maine’s economy, and we are already seeing those benefits take shape," Thorn Dickinson, CEO of the New England Clean Energy Connect, said Tuesday.

The electricity transmission line would provide a conduit for up to 1,200 megawatts of Canadian hydropower, reducing greenhouse emissions and stabilizing energy costs in New England as states pursue Connecticut's market overhaul to improve market design, supporters say.

The project, which would be fully funded by Massachusetts ratepayers to meet the state's clean energy goals after New Hampshire rejected a Quebec-Massachusetts proposal elsewhere, calls for construction of a high-voltage power line from Mount Beattie Township on the Canadian border to the regional power grid in Lewiston, Maine.

Critics have been trying to stop the project, reflecting clashes over New Hampshire hydropower in the region, saying it would destroy wilderness in western Maine. They also say that the environmental benefits of the project have been overstated.

In addition to the lawsuit, opponents have submitted petitions seeking to have a statewide vote, even as a Maine court ruling on Hydro-Quebec exports has reshaped the legal landscape.

Sandi Howard, a leading opponent of the project, said the decision by the company to proceed showed “disdain for everyday Mainers” by ignoring permit appeals and ongoing litigation.

“For years, CMP has pushed the false narrative that their unpopular and destructive project is a ‘done deal’ to bully Mainers into submission on this for-profit project. But to be clear, we won’t stop until Maine voters (their customers), have the chance to vote,” said Howard, who led the referendum petition drive for the No CMP Corridor PAC.

The project has received permits from the Army Corps, Maine Department of Environmental Protection, Maine Land Use Planning Commission and Maine Public Utilities Commission.

The final approval came in the form of a presidential permit issued last month from the U.S. Department of Energy, providing green light for the interconnect at the Canadian border, even as customer backlash to utility acquisitions elsewhere underscores public scrutiny.

 

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How ‘Virtual Power Plants’ Will Change The Future Of Electricity

Virtual Power Plants orchestrate distributed energy resources like rooftop solar, home batteries, and EVs to deliver grid services, demand response, peak shaving, and resilience, lowering costs while enhancing reliability across wholesale markets and local networks.

 

Key Points

Virtual Power Plants aggregate solar and batteries to provide grid services, cut peak costs, and boost reliability.

✅ Aggregates DERs via cloud to bid into wholesale markets

✅ Reduces peak demand, defers costly grid upgrades

✅ Enhances resilience vs outages, cyber risks, and wildfires

 

If “virtual” meetings can allow companies to gather without anyone being in the office, then remotely distributed solar panels and batteries can harness energy and act as “virtual power plants.” It is simply the orchestration of millions of dispersed assets within a smarter electricity infrastructure to manage the supply of electricity — power that can be redirected back to the grid and distributed to homes and businesses. 

The ultimate goal is to revamp the energy landscape, making it cleaner and more reliable. By using onsite generation such as rooftop solar and smart solar inverters in combination with battery storage, those services can reduce the network’s overall cost by deferring expensive infrastructure upgrades and by reducing the need to purchase cost-prohibitive peak power. 

“We expect virtual power plants, including aggregated home solar and batteries, to become more common and more impactful for energy consumers throughout the country in the coming years,” says Michael Sachdev, chief product officer for Sunrun Inc., a rooftop solar company, in an interview. “The growth of home solar and batteries will be most apparent in places where households have an immediate need for backup power, as they do in California, where grid reliability pressures have led utilities to turn off the electricity to reduce wildfire risk.”

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Home battery adoption, such as Tesla Powerwall systems, is becoming commonplace in Hawaii and in New England, he adds, because those distributed assets are improving the efficiency of the electrical network. It is a trend that is reshaping the country’s energy generation and delivery system by relying more on clean onsite generation and less on fossil fuels.

Sunrun has recently formed a business partnership with AutoGrid, which will manage Sunrun’s fleet of rechargeable batteries. It is a cloud-based system that allows Sunrun to work with utilities to dispatch its “storage fleet” to optimize the economic results. AutoGrid compiles the data and makes AI-driven forecasts that enable it to pinpoint potential trouble spots. 

But a distributed energy system, or a virtual power plant, would have 200,000 subsystems. Or, 200,000 5 kilowatt batteries would be the equivalent of one power plant that has a capacity of 1,000 megawatts. 

“A virtual power plant acts as a generator,” says Amit Narayan, chief executive officer of AutoGrid, in an interview. “It is one of the top five innovations of the decade. If you look at Sunrun, 60% of every solar system it sells in the Bay Area is getting attached to a battery. The value proposition comes when you can aggregate these batteries and market them as a generation unit. The pool of individual assets may improve over time. But when you add these up, it is better than a large-scale plant. It is like going from mainframe computers to laptops.”

The AutoGrid executive goes on to say that centralized systems are less reliable than distributed resources. While one battery could falter, 200,000 of them that operate from remote locations will prove to be more durable — able to withstand cyber attacks and wildfires. Sunrun’s Sachdev adds that the ability to store energy in batteries, as seen in California’s expanding grid-scale battery use supporting reliability, and to move it to the grid on demand creates value not just for homes and businesses but also for the network as a whole.

The good news is that the trend worldwide is to make it easier for smaller distributed assets, including energy storage for microgrids that support local resilience, to get the same regulatory treatment as power plants. System operators have been obligated to call up those power supplies that are the most cost-effective and that can be easily dispatched. But now regulators are giving virtual power plants comprised of solar and batteries the same treatment. 

In the United States, for example, the Federal Energy Regulatory Commission issued an order in 2018 that allows storage resources to participate in wholesale markets — where electricity is bought directly from generators before selling that power to homes and businesses. Under the ruling, virtual power plants are paid the same as traditional power suppliers. A federal appeals court this month upheld the commission’s order, saying that it had the right to ensure “technological advances in energy storage are fully realized in the marketplace.” 

“In the past, we have used back-up generators,” notes AutoGrid’s Narayan. “As we move toward more automation, we are opening up the market to small assets such as battery storage and electric vehicles. As we deploy more of these assets, there will be increasing opportunities for virtual power plants.” 

Virtual power plants have the potential to change the energy horizon by harnessing locally-produced solar power and redistributing that to where it is most needed — all facilitated by cloud-based software that has a full panoramic view. At the same time, those smaller distributed assets can add more reliability and give consumers greater peace-of-mind — a dynamic that does, indeed, beef-up America’s generation and delivery network.

 

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A goodwill gesture over electricity sows discord in Lebanon

Lebanon Power Barge Controversy spotlights Karadeniz Energy's Esra Sultan, Lebanon's electricity crisis, prolonged blackouts, and sectarian politics as Amal and Hezbollah clash over Zahrani vs Jiyeh docking and allocation across regions.

 

Key Points

A political dispute over the Esra Sultan power ship, its docking, and power allocation amid Lebanon's chronic blackouts.

✅ Karadeniz Energy lent a third barge at below-market rates.

✅ Docking disputes: Zahrani refused; Jiyeh limited; Zouq connected.

✅ Amal vs Hezbollah split exposes sectarian energy politics.

 

It was supposed to be a goodwill gesture from an energy company in Turkey.

This summer, the Karadeniz Energy Group lent Lebanon a floating power station to generate electricity at below-market rates to help ease the strain on the country's woefully undermaintained power sector.

Instead, the barge's arrival opened a Pandora's box of partisan mudslinging in a country hobbled by political sectarianism and dysfunction.

There have been rows over where it should dock, how to allocate its 235 megawatts of power, and even what to call the barge, echoing controversies like the Maine electric line debate that pit local politics against energy needs.

It has even driven a wedge between Lebanon's two dominant parties among Shiite Muslims: Amal and the militant group Hezbollah.

Amal, which has held the parliament speaker's seat since 1992, revealed sensationally last week it had refused to allow the boat to dock in a port in the predominantly Shiite south, even though it is one of the most underserved regions of Lebanon.

Power outages in the south can stretch on for more than 12 hours a day, much like the Gaza electricity crisis, according to regional observers.

Hezbollah, which normally stands pat with Amal in political matters, issued an exceptional statement that it had nothing to do with the matter of the barge at Zahrani port. A Hezbollah lawmaker went further to say his party disagreed on the issue with Amal.

Ali Hassan Khalil, Lebanon's Finance Minister and a leading Amal party member, said southerners wanted a permanent power station, not a stop-gap solution, in an implied dig at the rival Free Patriotic Movement, a Christian party that runs the Energy Ministry.

But critics seized on the statement as confirmation that Amal's leaders were in bed with the operators of private generators, who have been making fortunes selling electricity during blackouts at many times the state price.

"For decades there's been nothing stopping them from building a power plant," said Mohammad Obeid, a former Amal party official, in an interview with Lebanon's Al Jadeed TV station.

"Now there's a barge that's coming for three months to provide a few more hours of electricity -- and that's the issue?"

Hassan Khalil, reached by phone, refused to comment.

Nabih Berri, Amal's chief and Lebanon's parliament speaker, who has long been the subject of critical coverage from Al Jadeed's, sued the TV channel for libel on Wednesday for its reporting.

Energy Minister Cesar Abi Khalil, a Christian, lashed out at Amal, saying the ministry even changed the barge's name from Ayse, Turkish for Aisha, a name associated in Lebanon with Sunnis, to Esra Sultan, which does not carry any Shiite or Sunni connotations, to try to get it to dock in Zahrani.

Karadeniz said the barge was renamed "out of courtesy and respect to local customs and sensitivities."

"Ayse is a very common Turkish name, where such preferences are not as sensitive as in Lebanon," it said in a statement to The Associated Press.

Finally, on July 18, the barge docked in Jiyeh, a harbour south of Beirut but north of Zahrani, and in a religiously mixed Muslim area.

But two weeks later it was unmoored again, after Abi Khalil, the energy minister, said the infrastructure at Jiyeh could only handle 30 megawatts of the Esra Sultan's 235 capacity, and upgrades such as burying subsea cables are expensive.

With Zahrani closed to the Esra Sultan, it could only go to Zouq Mikhael, a port in the Christian-dominated Kesrouan region in the north, where it was plugged to the grid Tuesday night, giving the region almost 24 hours of electricity a day.

Lebanon has been contending with rolling blackouts since the days of its 1975-1990 civil war. Successive governments have failed to agree on a permanent solution for the chronic electricity failures, largely because of profiteering, endemic corruption and lack of political will, despite periodic pushes for electricity sector reform in Lebanon over the years.

In 2013, the Energy Ministry contracted with Karadeniz to buy electricity from a pair of its barges, which are still docked in Jiyeh and Zouq Mikhael.

This summer, Abi Khalil signed a new contract with Karadeniz to keep the barges for another three years. As part of the deal, Karadeniz agreed to lend Lebanon the third barge, the Esra Sultan, to produce electricity for three months at no cost - Lebanon would just have to pay for the fuel.

The company said Lebanon's internal squabbles do not affect how long the Esra Sultan would stay in Lebanon, even amid wider sector volatility and the pandemic's impact highlighted in a recent financial update. It arrived on July 18 and it will leave on Oct. 18, it said.

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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