PricewaterhouseCoopers warns of coming tax shifts to combat climate change

By Vancouver Sun


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British Columbia business operators were urged to prepare themselves for wholesale shifts in taxation regimes as the federal and provincial governments begin to tackle climate change.

Climate-change tax experts with PricewaterhouseCoopers told a PwC forum that substantial changes are coming in a little over a year.

Across Canada, electricity producers using gas- and coal-generation, companies in the oil and gas, smelting, mining, forest products, iron and steel and cement industries will feel the pinch.

B.C. is already imposing carbon taxes on fossil fuel users, and plans annual increases in the size of the tax. In addition, the province is implementing its own caps on carbon dioxide emissions.

"Regulation is a big and emerging and coming area," said Bruce McIntyre, a PwC partner in the accounting firm's B.C. sustainable business solutions practice.

"The federal government's climate-change regulations are coming in play Jan. 1, 2010. That's little over a year away and there is going to be a lot of change driven by those regulatory changes."

The feds are offering credits for companies taking early action, and also plan to introduce a system compelling the nation's largest polluters to bid for extra emissions quota beyond stated minimums.

McIntyre added that the B.C. government has been "very proactive" on this front as well.

The government has developed a climate-change secretariat, announced that the provincial government itself will be carbon-neutral by 2010, and introduced both a carbon tax and cap and trade programs involving several provinces and U.S. states.

Christine Schuh, PwC environmental practice leader, said government efforts to reduce the effects of climate change by curtailing emissions will have "very significant business implications."

"One of the drivers is Canada's commitment to the Kyoto Accord. Canada is a signatory, and has commitment to reducing its annual emissions from 720 megatonnes to 560.

"That is a huge difference, and it's pretty obvious that we are not going to make that in the short term."

That represents "approximately a $40-billion liability to the Canadian government."

Schuh said B.C.'s regulations may make it difficult for Alberta to export oil and gas from the oil sands - which generates three times the carbon dioxide emissions of conventional oil - into the neighbouring provincial market.

"There is going to be an issue around where fuel comes from," Schuh said. "Fuel that comes from the oil sands will be looked at in a very stringent light - and they don't know if they are going to allow that (fuel) in B.C.

"That has huge implications to people that are working in the oil sands area."

Schuh said it was interesting that the governments are also offering a range of tax refunds and incentives in order to "stimulate innovation."

"If you can come up with a project that reduces greenhouse gas emissions from (levels of) business as usual, that creates an asset and you can trade that with people who have over-emitted.

"There are tons of opportunities in the agricultural business, in the forestry business, and in a variety of industries that want to reduce greenhouse gas emissions."

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B.C. Hydro misled regulator: report

BC Hydro SAP Oversight Report assesses B.C. Utilities Commission findings on misleading testimony, governance failures, public funds oversight, IT project risk, compliance gaps, audit controls, ratepayer impacts, and regulatory accountability in major enterprise software decisions.

 

Key Points

A summary of BCUC findings on BC Hydro's SAP IT project oversight, governance lapses, and regulatory compliance.

✅ BCUC probed testimony, cost overruns, and governance failures

✅ Project split to avoid scrutiny; incomplete records and late corrections

✅ Reforms pledged: stronger business cases, compliance, audit controls

 

B.C. Hydro misled the province’s independent regulator about an expensive technology program, thereby avoiding scrutiny on how it spent millions of dollars in public money, according to a report by the B.C. Utilities Commission.

The Crown power corporation gave inaccurate testimony to regulators about the software it had chosen, called SAP, for an information technology project that has cost $197 million, said the report.

“The way the SAP decision was made prevented its appropriate scrutiny by B.C. Hydro’s board of directors and the BCUC, reflecting governance risks seen in Manitoba Hydro board changes in other jurisdictions,” the commission found.

“B.C. Hydro’s CEO and CFO and its (audit and risk management board committee) members did not exhibit good business judgment when reviewing and approving the SAP decision without an expenditure approval or business case, highlighting how board upheaval at Hydro One can carry market consequences.”

The report was the result of a complaint made in 2016 by then-opposition NDP MLA Adrian Dix, who alleged B.C. Hydro lied to the regulatory commission to try to get approval for a risky IT project in 2008 that then went over budget and resulted in the firing of Hydro’s chief information officer.

The commission spent two years investigating. Its report outlined how B.C. Hydro split the IT project into smaller components to avoid scrutiny, failed to produce the proper planning document when asked, didn’t disclose cost increases of up to $38 million, reflecting pressures seen at Manitoba Hydro's debt across the sector, gave incomplete testimony and did not quickly correct the record when it realized the mistakes.

“Essentially all of the things I asserted were substantiated, and so I’m pleased,” Dix, who is now minister of health, said on Monday. “I think ratepayers can be pleased with it, because even though it was an elaborate process, it involves hundreds of millions of spending by a public utility and it clearly required oversight.”

The BCUC stopped short of agreeing with Dix’s allegation that the errors were deliberate. Instead it pointed toward a culture at B.C. Hydro of confusion, misunderstanding and fear of dealing with the independent regulatory process.

“Therefore, the panel finds that there was a culture of reticence to inform the BCUC when there was doubt about something, even among individuals that understood or should have understood the role of the BCUC, a pattern that can fuel Hydro One investor concerns in comparable markets,” read the report.

“Because of this doubt and uncertainty among B.C. Hydro staff, the panel finds no evidence to support a finding that the BCUC was intentionally misled. The panel finds B.C. Hydro’s culture of reticence to be inappropriate.”

By law, B.C. Hydro is supposed to get approval by the commission for rate changes and major expenditures. Its officials are often put under oath when providing information.

B.C. Hydro apologized for its conduct in 2016. The Crown corporation said Monday it supports the commission’s findings and has made improvements to management of IT projects, including more rigorous business case analyses.

“We participated fully in the commission’s process and acknowledged throughout the inquiry that we could have performed better during the regulatory hearings in 2008,” said spokesperson Tanya Fish.

“Since then, we have taken steps to ensure we meet the highest standards of openness and transparency during regulatory proceedings, including implementing a (thorough) awareness program to support staff in providing transparent and accurate testimony at all times during a regulatory process.”

The Ministry of Energy, which is responsible for B.C. Hydro, said in a statement it accepts all of the BCUC recommendations and will include the findings as part of a review it is conducting into Hydro’s operations and finances, including its deferred operating costs for context, and regulatory oversight.

Dix, who is now grappling with complex IT project management in his Health Ministry, said the lessons learned by B.C. Hydro and outlined in the report are important.

“I think the report is useful reading on all those scores,” he said. “It’s a case study in what shouldn’t happen in a major IT project.”

 

 

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PG&E pleads guilty to 85 counts in 2018 Camp Fire

PG&E Camp Fire Guilty Plea underscores involuntary manslaughter charges as the utility admits sparking Paradise's wildfire; Butte County prosecution, CAL FIRE findings, bankruptcy oversight, victim compensation trust, and safety reforms shape accountability.

 

Key Points

The legal admission by PG&E to 84 involuntary manslaughter counts and unlawfully starting the 2018 Camp Fire.

✅ 84 involuntary manslaughter counts; unlawful ignition admitted.

✅ $3,486,950 fine, $500,000 DA costs; no prison terms.

✅ $13.5B victim trust, Paradise and Butte County payments.

 

California utility Pacific Gas and Electric Company pleaded guilty Tuesday to 84 counts of involuntary manslaughter and one count of unlawfully starting the Camp Fire, the deadliest blaze in the state's history.

Butte County District Attorney Michael L. Ramsey said the "historic moment" should be a signal that corporations will be held responsible for "recklessly endangering" lives.
The 84 people "did not need to die," Ramsey said. He said the deaths were "of the most unimaginable horror, being burned to death."

Before sentencing, survivors will testify Wednesday about the losses of their loved ones, and many have pursued lawsuits against the utility seeking accountability.

No individuals will be sent to prison, Ramsey said.

"This is the first time that PG&E or any major utility has been charged with homicide as the result of a reckless fire. It killed a town," Ramsey said, referring to Paradise, which was annihilated by the blaze.
According to court documents filed in March, the company will be fined "no more than $3,486,950," and it must reimburse the Butte County District Attorney's Office $500,000 for the costs of its investigation into the blaze, and under separate oversight a federal judge ordered dividends to be directed to wildfire risk reduction to prioritize safety.

Among other provisions, PG&E must establish a trust, compensating victims of the 2018 Camp Fire and other wildfires to the tune of $13.5 billion as part of its bankruptcy plan, according to the plea agreement included in a regulatory filing.
It has to pay hundreds of millions to the town of Paradise and Butte County and cooperate with prosecutors' investigation, the plea deal says.
PG&E also waived its right to appeal.

"I have heard the pain and the anguish of victims as they've described the loss they continue to endure, and the wounds that can't be healed," PG&E Corporation CEO and President Bill Johnson said after the plea. "No words from me could ever reduce the magnitude of such devastation or do anything to repair the damage. But I hope that the actions we are taking here today will help bring some measure of peace, including aid through a Wildfire Assistance Program the company announced."

Johnson was in court Tuesday, where Butte County Superior Court Judge Michael Deems read the names of each victim as their photos were shown on a screen, CNN affiliate KTLA reported.
Johnson said the utility would never put profits ahead of safety again. He told the judge that PG&E took responsibility for the devastation "with eyes wide open to what happened and to what must never happen again," KTLA reported.

In March, the utility and the state agreed to bankruptcy terms, which included an overhaul of PG&E's board selection process, financial structure and oversight, with rates expected to stabilize in 2025 as reforms take hold.
According to investigators with the California Department of Forestry and Fire Protection, PG&E was responsible for the devastating Camp Fire.

Electrical lines owned and operated by PG&E started the fire November 8, 2018, CAL Fire said in a news release, after the company acknowledged its power lines may have started two fires that day.

"The tinder dry vegetation and Red Flag conditions consisting of strong winds, low humidity and warm temperatures promoted this fire and caused extreme rates of spread," CAL Fire said.
PG&E had previously said it was "probable" that its equipment started the Camp Fire but that it wasn't conclusive whether its lines ignited a second fire, as CAL Fire alleged.
The power company filed for bankruptcy in January 2019 as it came under pressure from billions of dollars in claims tied to deadly wildfires, and other utilities such as Southern California Edison have faced similar lawsuits.

 

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New Power Grid “Report Card” Reveal Dangerous Vulnerabilities

U.S. Power Grid D+ Rating underscores aging infrastructure, rising outages, cyber threats, EMP and solar flare risks, strained transmission lines, vulnerable transformers, and slow permitting, amplifying reliability concerns and resilience needs across national energy systems.

 

Key Points

ASCE's D+ grade flags aging infrastructure, rising outages, and cyber, EMP, and weather risks needing investment.

✅ Major outages rising; weather remains top disruption driver.

✅ Aging transformers, transmission lines, limited maintenance.

✅ Cybersecurity gaps via smart grid, EV charging, SCADA.

 

The U.S. power grid just received its “grade card” from the American Society of Civil Engineers (ASCE) and it barely passed.

The overall rating of our antiquated electrical system was a D+. Major power outages in the United States, including widespread blackouts, have grown from 76 in 2007 to 307 in 2011, according to the latest available statistics. The major outage figures do not take into account all of the smaller outages which routinely occur due to seasonal storms.

The American Society of Civil Engineers power grid grade card rating means the energy infrastructure is in “poor to fair condition and mostly below standard, with many elements approaching the end of their service life.” It further means a “large portion of the system exhibits significant deterioration” with a “strong risk of failure.”

Such a designation is not reassuring and validates those who purchased solar generators over the past several years.

#google#

The vulnerable state of the power grid gets very little play by mainstream media outlets. Concerns about a solar flare or an electromagnetic pulse (EMP) attack instantly sending us back to an 1800s existence are legitimate, but it may not take such an extreme act to render the power grid a useless tangle of wires. The majority of the United States’ infrastructure and public systems evaluated by the ASCE earned a “D” rating. A “C” ranking (public parks, rail and bridges) was the highest grade earned. It would take a total of $3.6 trillion in investments by 2020 to fix everything, the report card stated. To put that number in perspective, the federal government’s budget for all of 2012 was slightly more, $3.7 trillion.

“America relies on an aging electrical grid and pipeline distribution systems, some of which originated in the 1880s,” the report read. “Investment in power transmission has increased since 2005, but ongoing permitting issues, weather events, including summer blackouts that strain local systems, and limited maintenance have contributed to an increasing number of failures and power interruptions. While demand for electricity has remained level, the availability of energy in the form of electricity, natural gas, and oil will become a greater challenge after 2020 as the population increases. Although about 17,000 miles of additional high-voltage transmission lines and significant oil and gas pipelines are planned over the next five years, permitting and siting issues threaten their completion. The electric grid in the United States consists of a system of interconnected power generation, transmission facilities, and distribution facilities.”

 

Harness the power of the sun when the power goes out…

There are approximately 400,000 miles of electrical transmission lines throughout the United States, and thousands of power generating plants dot the landscape. The ASCE report card also stated that new gas-fired and renewable generation issues increase the need to add new transmission lines. Antiquated power grid equipment has reportedly prompted even more “intermittent” power outages in recent years.

The American Society of Civil Engineers accurately notes that the power grid is more vulnerable to cyber attacks than ever before, including Russian intrusions documented in recent years, and it cites the aging electrical system as the primary culprit. Although the decades-old transformers and other equipment necessary to keep power flowing around America are a major factor in the enhanced vulnerability of the power grid, moving towards a “smart grid” system is not the answer. As previously reported by Off The Grid News, smart grid systems and even electric car charging stations make the power grid more accessible to cyber hackers. During the Hack in the Box Conference in Amsterdam, HP ArcSight Product Manager Ofer Sheaf stated that electric car charging stations are in essence a computer on the street. The roadway fueling stations are linked to the power grid electrical system. If cyber hackers garner access to the power grid via the charging stations, they could stop the flow of power to a specific area or alter energy distribution levels and overload the system.

While a relatively small number of electric car charging stations exist in America now, that soon will change. Ongoing efforts by both federal and state governments to reduce our reliance on fossil fuels have resulted in grants and privately funded vehicle charging station projects. New York Governor Andrew Cuomo in April announced plans to build 360 such electrical stations in his state. A total of 3,000 car charging stations are in the works statewide and are slated for completion over the next five years.

SHIELD ActWeather-related events were the primary cause of power outages from 2007 to 2012, according to the infrastructure report card. Power grid reliability issues are emerging as the greatest threat to the electrical system, with rising attacks on substations compounding the risks. The ASCE grade card also notes that retiring and rotating in “new energy sources” is a “complex” process. Like most items we routinely purchase in our daily lives, many of the components needed to make the power grid functional are not manufactured in the United States.

The SHIELD Act is the first real piece of federal legislation in years drafted to address power grid vulnerabilities. While the single bill will not fix all of the electrical system issues, it is a big step in the right direction – if it ever makes it out of committee. Replacing aging transformers, encasing them in a high-tech version of a Faraday cage, and stockpiling extra units so instant repairs are possible would help preserve one of the nation’s most critical and life-saving pieces of infrastructure after a weather-related incident or man-made disaster.

“Geomagnetic storm environments can develop instantaneously over large geographic footprints,” solar geomagnetic researcher John Kappenman said about the fragile state of the power grid. He was quoted in an Oak Ridge National Laboratory report. “They have the ability to essentially blanket the continent with an intense threat environment and … produce significant collateral damage to critical infrastructures. In contrast to well-conceived design standards that have been successfully applied for more conventional threats, no comprehensive design criteria have ever been considered to check the impact of the geomagnetic storm environments. The design actions that have occurred over many decades have greatly escalated the dangers posed by these storm threats for this critical infrastructure.”

The power grid has morphed in size tenfold during the past 50 years. While solar flares, cyber attacks, and an EMP are perhaps the most extensive and frightening threats to the electrical system, the infrastructure could just as easily fail in large portions due to weather-related events exacerbated by climate change across regions. The power grid is basically a ticking time bomb which will spawn civil unrest, lack of food, clean water, and a multitude of fires if it does go down.

 

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Power Outage Disrupts Morning Routine for Thousands in London

London, Ontario Power Outage disrupts the electricity grid, causing a citywide blackout, stalled commuters, dark traffic signals, and closed businesses, as London Hydro crews race restoration after a transformer malfunction and infrastructure failures.

 

Key Points

A blackout caused by a transformer malfunction, disrupting commuters, businesses, and traffic across London, Ontario.

✅ Traffic signals dark; delays and congestion citywide

✅ London Hydro crews repairing malfunctioning transformer

✅ Businesses closed; transit routes delayed and rerouted

 

A widespread power outage early Monday morning left thousands of residents in London, Ontario, without electricity, causing significant disruption for commuters and businesses at the start of the workday. The outage, which affected several neighborhoods across the city, lasted for hours, creating a chaotic morning as residents scrambled to adjust to the unexpected interruption.

The Outage Strikes

The power failure was first reported at approximately 6:30 a.m., catching many off guard as they began their day. The affected areas included several busy neighborhoods, with power lines down and substations impacted, issues that windstorms often exacerbate for utilities. Early reports indicated that the outage was caused by a combination of issues, including technical failures and possible equipment malfunctions. London Hydro, the city's primary electricity provider, responded quickly to the situation, assuring residents that crews were dispatched to restore power as soon as possible.

"Crews are on site and working hard to restore power to those affected," a spokesperson for London Hydro said. "We understand the frustration this causes and are doing everything we can to get the power back on as soon as possible."

Impact on Commuters and Businesses

The power outage had an immediate impact on the morning commute. Traffic lights across the affected areas were down, leading to delays and rush-hour disruptions at major intersections. Drivers were forced to navigate through intersections without traffic control, creating an additional layer of complexity for those trying to get to work or school.

Public transit was also affected, with some bus routes delayed due to the power loss at key transit stations. The situation added further stress to commuters already dealing with the challenges of a typical Monday morning rush.

Businesses in the affected neighborhoods faced a variety of challenges. Some were forced to close early or delay their opening hours due to a lack of electricity. Many shops and offices struggled with limited access to the internet and phone lines, which hindered their ability to process orders and serve customers. Local coffee shops, often a go-to for busy workers, were also unable to operate their coffee machines or provide basic services, forcing customers to go without their usual morning caffeine fix.

"For a lot of people, it's their first stop in the morning," said one local business owner. "It’s frustrating because we rely on power to function, and with no warning, we had to turn away customers."

The Response

As the hours ticked by, residents were left wondering when the power would return. London Hydro’s social media accounts were filled with updates, keeping residents informed about the restoration efforts, a practice echoed when BC Hydro crews responded during an atypical storm. The utility company urged those who were experiencing issues to report them online to help prioritize repair efforts.

"We are aware that many people are affected, and our teams are working tirelessly to restore power," the utility posted on Twitter. "Please stay safe, and we thank you for your patience."

Throughout the morning, the power was gradually restored to different areas of the city. However, some parts remained without electricity well into the afternoon, a situation reminiscent of extended outages that test city resilience. London Hydro confirmed that the outage was caused by a malfunctioning transformer, and the necessary repairs would take time to complete.

Long-Term Effects and Community Concerns

While the immediate effects of the outage were felt most acutely during the morning hours, some residents expressed concern about the potential long-term effects. The city’s reliance on a stable electricity grid became a focal point of discussion, with many wondering if similar outages could occur in the future, as seen in the North Seattle outage earlier this year.

"I understand that things break, but it’s frustrating that it took so long for power to come back," said a London resident. "This isn’t the first time something like this has happened, and it makes me wonder about the reliability of our infrastructure."

City officials responded by reassuring residents that efforts are underway to upgrade the city's infrastructure to prevent such outages from happening in the future. A report released by London Hydro highlighted ongoing investments in upgrading transformers and other key components of the city's power grid. Province-wide, Hydro One restored power to more than 277,000 customers after damaging storms, underscoring the scale of upgrades needed. Despite these efforts, however, experts warn that older infrastructure in some areas may still be vulnerable to failure, especially during extreme weather events or other unforeseen circumstances.

The morning outage serves as a reminder of how reliant modern cities are on stable electricity networks. While the response from London Hydro was swift and effective in restoring power, it’s clear that these types of events can cause significant disruptions to daily life. As the city moves forward, many are calling for increased investment in infrastructure and proactive measures to prevent future outages, especially after Toronto outages persisted following a spring storm in the region.

In the meantime, Londoners have adapted, finding ways to go about their day as best they can. For some, it’s a reminder of the importance of preparedness in an increasingly unpredictable world. Whether it’s an extra flashlight or a backup power source, residents are learning to expect the unexpected and be ready for whatever the next workday might bring.

 

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Stop the Shock campaign seeks to bring back Canadian coal power

Alberta Electricity Price Hikes spotlight grid reliability, renewable transition, coal phase-out, and energy poverty, as policy shifts and investor reports warn of rate increases, biomass trade-offs, and sustainability challenges impacting households and businesses.

 

Key Points

Projected power bill hikes from market reforms, renewables, coal phase-out, and reliability costs in Alberta.

✅ Investor report projects 3x-7x bills and $50B market transition costs

✅ Policy missteps cited in Ontario, Germany, Australia price spikes

✅ Debate: retain coal vs. speed renewables, storage, and grid upgrades

 

Since when did electricity become a scarce resource?

I thought all the talk about greening the grid was about having renewable, sustainable, less polluting options to fulfill our growing need for power. Yet, increasingly, we are faced with news stories that indicate using power is bad in and of itself, even as flat electricity demand worries utilities.

The implication, I guess, is that we should be using less of it. But, I don’t want to use less electricity. I want to be able to watch TV, turn my lights on when the sun sets at 4 p.m. in the winter, keep my food cold and power my devices.

We once had a consensus that a reliable supply of power was essential to a growing economy and a high quality of life, a point underscored by brownout risks in U.S. markets.

I’m beginning to wonder if we still have that consensus.

And more importantly, if our decision makers have determined electricity is a vice as opposed to an essential of life – as debates over Alberta electricity policy suggest – you know what is going to happen next. Prices are going to rise, forcing all of us to use less.

How much would it hurt your bottom line if your electricity bill went up three-fold? How about seven-fold? That is the grim picture that Todd Beasley painted for us on Tuesday’s show.

Last week, he launched a campaign on behalf of Albertans for Sustainable Electricity, called Stop the Shock. He shared the results of an internal investor report that concluded Alberta’s power market overhaul would cost an estimated $50 billion to implement and could result in a three to seven-fold increase in electricity bills.

Now, my typical power bill averages $70 a month. That would be like having it grow to $210 a month, or just over $2,500 a year. If it’s a seven-fold increase that would be more like $5,000 a year. That may be manageable for some families, but I can think of a lot of things I’d rather do with $5,000 than pay more to keep my fridge running so my food doesn’t spoil.

For low-income families that would be a real hardship.

Beasley said Ontario’s inept handling of its electricity market and the phase-out of coal power resulted in price spikes that left more than 70,000 individuals facing energy poverty.

Germany and Australia realized they made the same mistake and are returning some electricity to coal.

Beasley shared a long list of Canadian firms – including our own Canadian Pension Plan – that are investing in coal development around the world. Meanwhile, Canadian governments remain in a mad rush to phase it out here. That’s not the only hypocrisy.

Rupert Darwall, author of Green Tyranny: Exposing the Totalitarian Roots of the Climate Industrial Complex, revealed in a recent column what he calls “the scandal at the heart of the EU’s renewable policies.”

Turns out most of their expansion in renewable energy has come from biomass in the form of wood. Not only does burning wood produce more CO2, it also eliminates carbon sinks.

To meet the EU’s 2030 target would require cutting down trees equivalent to the combined harvest in Canada and the United States. As he puts it, “Whichever way you look at it, burning the world’s carbon sinks to meet the EU’s arbitrary renewable energy targets is environmentally insane.”

Beasley’s group is trying to bring some sanity back to the discussion. The goal should be to move to a greener grid while maintaining abundant, reliable and cheap power, and examples like Texas grid improvements show practical steps. He thinks to achieve all these goals, coal should remain part of the mix. What do you think?

 

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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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  • Interactive
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  • CEU-cerified