Great Plains Energy shareholders approve Aquila purchase

By Knight Ridder Tribune


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Great Plains Energy Inc.'s shareholders overwhelmingly approved the company's purchase of Aquila Inc.

The tally, announced at a shareholders' meeting, showed 96 percent of the shares voted were in favor of the purchase. The approval came a day after Aquila shareholders also approved the deal. The sale still needs regulatory approval from Missouri, Kansas, Colorado, Nebraska, and Kansas. Iowa regulators approved the deal in August.

Michael Chesser, chief executive officer of Great Plains, reiterated after the vote was announced that the purchase will make Great Plains and its Kansas City Power & Light subsidiary a stronger regional utility with the addition of Aquila's 300,000 electric customers in Missouri.

"The Aquila deal was very attractive to us," he said.

Chesser said, if the remaining regulatory approvals go as hoped, the sale will close the end of February. Great Plains will keep Aquila's electric utilities in Missouri. Shortly before the deal is closed, Aquila's utilities in Kansas, Iowa, Nebraska, and Colorado will be sold to Black Hills Corp., a South Dakota company.

The short Great Plains' meeting included questions from its shareholders. The first was why Richard Green Jr., chief executive officer of Aquila, was being given $3.5 million in severance pay plus a $909,000 annual pension.

Chesser said he had answered similar questions at the company's annual meeting and didn't have anything to add. He has previously said the purchase price for Aquila was adjusted to account for such expenses. Great Plains offered $1.80 in cash and .0856 of a share in Great Plains for each of Aquila's shares.

Chesser said the Aquila purchase would not affect the Great Plains dividend. On other matters, he said Great Plains might someday be interested in investing in more nuclear power. He said the Wolf Creek nuclear plant, in which KCP&L is a partner, is one of its best assets.

"Wolf Creek was one of the best decisions this company ever made," he said. If Great Plains' purchase of Aquila is successful, it will acquire Aquila's South Harper plant in Cass County.

That plant is the focus of a legal dispute over whether it had the necessary zoning approvals to build it. Chesser said if the purchase of Aquila is successful, the company will visit with local government officials to determine if some agreement could be made about South Harper.

"No guarantees but we're going to give that a try," he said.

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Alberta's Last Coal Plant Closes, Embracing Clean Energy

Alberta Coal Phase-Out signals a clean energy transition, replacing coal with natural gas and renewables, cutting greenhouse gas emissions, leveraging a carbon levy, and supporting workers in Alberta's evolving electricity market.

 

Key Points

Alberta Coal Phase-Out moves power from coal to lower-emission natural gas and renewables to reduce grid emissions.

✅ Last coal plant closed: Genesee Generating Station, Sept 30, 2023

✅ Shift to natural gas and renewables lowers emissions

✅ Carbon levy and incentives accelerated clean power build-out

 

The closure of the Genesee Generating Station on September 30, 2023, marked a significant milestone in Alberta's energy history, as the province moved to retire coal power by 2023 ahead of its 2030 provincial deadline. The Genesee, located near Calgary, was the province's last remaining coal-fired power plant. Its closure represents the culmination of a multi-year effort to transition Alberta's electricity sector away from coal and towards cleaner sources of energy.

For decades, coal was the backbone of Alberta's electricity grid. Coal-fired plants were reliable and relatively inexpensive to operate. However, coal also has a significant environmental impact. The burning of coal releases greenhouse gases, including carbon dioxide, a major contributor to climate change. Coal plants also produce air pollutants such as sulfur dioxide and nitrogen oxide, which can cause respiratory problems and acid rain, and in some regions electricity is projected to get dirtier as gas use expands.

In recognition of these environmental concerns, the Alberta government began to develop plans to phase out coal-fired power generation in the early 2000s. The government implemented a number of policies to encourage the shift from coal to cleaner energy such as natural gas and renewable energy. These policies included providing financial incentives for the construction of new natural gas plants and renewable energy facilities, as well as imposing a carbon levy on coal-fired generation.

The phase-out of coal was also driven by economic factors. The cost of natural gas has declined significantly in recent years, making it a more competitive fuel source for electricity generation as producers switch to gas under evolving market conditions. Additionally, the Alberta government faced increasing pressure from the federal government to reduce greenhouse gas emissions.

The transition away from coal has not been without its challenges. Coal mining and coal-fired power generation have long been important parts of Alberta's economy. The closure of coal plants has resulted in job losses in the affected communities. The government has implemented programs to help workers transition to new jobs in the clean energy sector.

Despite these challenges, the closure of the Genesee Generating Station is a positive development for Alberta's environment and climate. Coal-fired power generation is one of the largest sources of greenhouse gas emissions in Alberta, and recent wind generation outpacing coal underscores the sector's transformation. The closure of the Genesee is expected to result in a significant reduction in emissions, helping Alberta to meet its climate change targets.

The transition away from coal also presents opportunities for Alberta. The province has vast natural gas resources, which can be used to generate electricity with lower emissions than coal. Alberta is also well-positioned to develop renewable energy sources, such as wind power and solar power. These renewable energy sources can help to further reduce emissions and create new jobs in the clean energy sector.

The closure of the Genesee Generating Station is a significant milestone in Alberta's energy history. It represents the end of an era for coal-fired power generation in the province, a shift mirrored by the UK's last coal station going offline earlier this year. However, it also marks the beginning of a new era for Alberta's energy sector. By transitioning to cleaner sources of energy, Alberta can reduce its environmental impact and create a more sustainable energy future.

 

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Climate Solution: Use Carbon Dioxide to Generate Electricity

Methane Hydrate CO2 Sequestration uses carbon capture and nitrogen injection to swap gases in seafloor hydrates along the Gulf of Mexico, releasing methane for electricity while storing CO2, according to new simulation research.

 

Key Points

A method injecting CO2 and nitrogen into hydrates to store CO2 while releasing methane for power.

✅ Nitrogen aids CO2-methane swap in hydrate cages, speeding sequestration

✅ Gulf Coast proximity to emitters lowers transport and power costs

✅ Revenue from methane electricity could offset carbon capture

 

The world is quickly realizing it may need to actively pull carbon dioxide out of the atmosphere to stave off the ill effects of climate change. Scientists and engineers have proposed various carbon capture techniques, but most would be extremely expensive—without generating any revenue. No one wants to foot the bill.

One method explored in the past decade might now be a step closer to becoming practical, as a result of a new computer simulation study. The process would involve pumping airborne CO2 down into methane hydrates—large deposits of icy water and methane right under the seafloor, beneath water 500 to 1,000 feet deep—where the gas would be permanently stored, or sequestered. The incoming CO2 would push out the methane, which would be piped to the surface and burned to generate electricity, whether sold locally or via exporters like Hydro-Que9bec to help defray costs, to power the sequestration operation or to bring in revenue to pay for it.

Many methane hydrate deposits exist along the Gulf of Mexico shore and other coastlines. Large power plants and industrial facilities that emit CO2 also line the Gulf Coast, where EPA power plant rules could shape deployment, so one option would be to capture the gas directly from nearby smokestacks, keeping it out of the atmosphere to begin with. And the plants and industries themselves could provide a ready market for the electricity generated.

A methane hydrate is a deposit of frozen, latticelike water molecules. The loose network has many empty, molecular-size pores, or “cages,” that can trap methane molecules rising through cracks in the rock below. The computer simulation shows that pushing out the methane with CO2 is greatly enhanced if a high concentration of nitrogen is also injected, and that the gas swap is a two-step process. (Nitrogen is readily available anywhere, because it makes up 78 percent of the earth’s atmosphere.) In one step the nitrogen enters the cages; this destabilizes the trapped methane, which escapes the cages. In a separate step, the nitrogen helps CO2 crystallize in the emptied cages. The disturbed system “tries to reach a new equilibrium; the balance goes to more CO2 and less methane,” says Kris Darnell, who led the study, published June 27 in the journal Water Resources Research. Darnell recently joined the petroleum engineering software company Novi Labs as a data scientist, after receiving his Ph.D. in geoscience from the University of Texas, where the study was done.

A group of labs, universities and companies had tested the technique in a limited feasibility trial in 2012 on Alaska’s North Slope, where methane hydrates form in sandstone under deep permafrost. They sent CO2 and nitrogen down a pipe into the hydrate. Some CO2 ended up being stored, and some methane was released up the same pipe. That is as far as the experiment was intended to go. “It’s good that Kris [Darnell] could make headway” from that experience, says Ray Boswell at the U.S. Department of Energy’s National Energy Technology Laboratory, who was one of the Alaska experiment leaders but was not involved in the new study. The new simulation also showed that the swap of CO2 for methane is likely to be much more extensive—and to happen quicker—if CO2 enters at one end of a hydrate deposit and methane is collected at a distant end.

The technique is somewhat similar in concept to one investigated in the early 2010s by Steven Bryant and others at the University of Texas. In addition to numerous methane hydrate deposits, the Gulf Coast has large pools of hot, salty brine in sedimentary rock under the coastline. In this system, pumps would send CO2 down into one end of a deposit, which would force brine into a pipe that is placed at the other end and leads back to the surface. There the hot brine would flow through a heat exchanger, where heat could be extracted and used for industrial processes or to generate electricity, supporting projects such as electrified LNG in some markets. The upwelling brine also contains some methane that could be siphoned off and burned. The CO2 dissolves into the underground brine, becomes dense and sinks further belowground, where it theoretically remains.

Either system faces big practical challenges, and building shared CO2 storage hubs to aggregate captured gas is still evolving. One is creating a concentrated flow of CO2; the gas makes up only .04 percent of air, and roughly 10 percent of the smokestack emission from a typical power plant or industrial facility. If an efficient methane hydrate or brine system requires an input that is 90 percent CO2, for example, concentrating the gas will require an enormous amount of energy—making the process very expensive. “But if you only need a 50 percent concentration, that could be more attractive,” says Bryant, who is now a professor of chemical and petroleum engineering at the University of Calgary. “You have to reduce the [CO2] capture cost.”

Another major challenge for the methane hydrate approach is how to collect the freed methane, which could simply seep out of the deposit through numerous cracks and in all directions. “What kind of well [and pipe] structure would you use to grab it?” Bryant asks.

Given these realities, there is little economic incentive today to use methane hydrates for sequestering CO2. But as concentrations rise in the atmosphere and the planet warms further, and as calls for an electric planet intensify, systems that could capture the gas and also provide energy or revenue to run the process might become more viable than techniques that simply pull CO2 from the air and lock it away, offering nothing in return.

 

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After Quakes, Puerto Rico's Electricity Is Back On For Most, But Uncertainty Remains

Puerto Rico Earthquakes continue as a seismic swarm with aftershocks, landslides near Pef1uelas, damage in Ponce and Guayanilla, grid outages from Costa Sur Plant, PREPA recovery, vulnerable buildings post-Hurricane Maria raising safety concerns.

 

Key Points

Recurring seismic events impacting Puerto Rico, causing damage, aftershocks, outages, and displacement.

✅ Seismic swarm with 6.4 and 5.9 magnitude quakes and ongoing aftershocks

✅ Costa Sur Plant offline; PREPA urges conservation amid grid repairs

✅ Older, code-deficient buildings and landslides raise safety risks

 

Some in Puerto Rico are beginning to fear the ground will never stop shaking. The island has been pummeled by hundreds of earthquakes in recent weeks, including the recent 5.9 magnitude temblor, where there were reports of landslides in the town of Peñuelas along the southern coast, rattling residents already on edge from the massive 6.4 magnitude quake, and raising wider concerns about climate risks to the grid in disaster-prone regions.

That was the largest to strike the island in more than a century causing hundreds of structures to crumble, forcing thousands from their homes and leaving millions without power, a scenario echoed by Texas power outages during winter storms too. One person was killed and several others injured.

Utility says 99% of customers have electricity

Puerto Rico's public utility, PREPA, tweeted some welcome news Monday: that nearly all of the homes and businesses it serves have had electric power restored. Still it is urging customers to conserve energy amid utility supply-chain shortages that can slow critical repairs.

Reporting from the port city of Ponce, NPR's Adrian Florido said the Costa Sur Plant, which produces more than 40% of Puerto Rico's electricity, was badly damaged in last week's quake. It remains offline indefinitely, even as grid operators elsewhere have faced California blackout warnings during extreme heat.

He also reports many residents are still reeling from the devastation caused by Hurricane Maria, a deadly Category 4 storm that battered the island in September 2017. The storm exposed the fact that buildings across the island were not up to code, similar to how aging systems have contributed to PG&E power line fires in California. The series of earthquakes are only amplifying fears that structures have been further weakened.

"People aren't coping terribly well," Florido said on NPR's Morning Edition Monday, noting that households elsewhere have endured pandemic power shutoffs and burdensome bills.

Many earthquake victims sleeping outdoors

Florido spoke to one displaced resident, Leticia Espada, who said more than 50 homes in her town of Guayanilla, about an hour drive east of the port city of Ponce, had collapsed.

After sleeping outside for days on her patio following Tuesday's quake, she eventually came to her town's baseball stadium where she's been sleeping on one of hundreds of government-issued cots.

She's like so many others sleeping in open-air shelters, many unwilling to go back to their homes until they've been deemed safe, while even far from disaster zones, brief events like a Northeast D.C. outage show how fragile service can be.

"Thousands of people across several towns sleeping in tents or under tarps, or out in the open, protected by nothing but the shade of a tree with no sense of when these quakes are going to stop," Florido reports.

 

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California avoids widespread rolling blackouts as heat strains power grid

California Heat Wave Grid Emergency sees CAISO issue Stage 3 alerts as record demand, extreme heat, and climate change strain renewable energy; conservation efforts avert rolling blackouts and protect grid reliability statewide.

 

Key Points

A grid emergency in California's heat wave, with CAISO Stage 3 alerts amid record demand and risk of rolling blackouts.

✅ CAISO triggered Stage 3 alerts, then downgraded by 8 pm PT

✅ Record 52,061 MW demand; conservation reduced grid stress

✅ Extreme heat and climate change heightened outage risks

 

California has avoided ordering rolling blackouts after electricity demand reached a record-high Tuesday night from excessive heat across the state, even as energy experts warn the U.S. grid faces mounting climate stresses. 

The California Independent System Operator, which oversees the state’s electrical grid, imposed its highest level energy emergency on Tuesday, a step that comes before ordering rolling blackouts and allows the state to access emergency power sources.

The Office of Emergency Services also sent a text alert to residents requesting them to conserve power. The operator downgraded the Stage 3 alert around 8:00 p.m. PT on Tuesday and said that “consumer conservation played a big part in protecting electric grid reliability,” and in bolstering grid resilience overall.

The state capital of Sacramento reached 116 degrees Fahrenheit on Tuesday, according to the National Weather Service, surpassing a record that was set almost 100 years ago. And nearly a half-dozen cities in the San Francisco Bay Area tied or set all-time highs, the agency said.

CAISO said peak power demand on Tuesday reached 52,061 megawatts, surpassing a previous high of 50,270 megawatts on July 24, 2006, while nearby B.C. electricity demand has also hit records during extreme weather.

While the operator did not order rolling blackouts, three Northern California cities saw brief power outages, and severe storms have caused similar disruptions statewide in recent months. As of 7:00 am PT on Wednesday, nearly 8,000 customers in California were without power, according to PowerOutage.us. 

Gov. Gavin Newsom, in a Twitter video on Tuesday, warned the temperatures across California were unprecedented and the state is headed into the worst part of the heat wave, which is on track to be the hottest and longest on record for September.

“The risk for outages is real and it’s immediate,” Newsom said. “These triple-digit temperatures throughout much of the state are leading, not surprisingly, to record demand on the energy grid.”

The governor urged residents to pre-cool their homes earlier in the day when more power is available and turn thermostats to 78 degrees or higher after 4:00 pm PT. “Everyone has to do their part to help step up for just a few more days,” Newsom said.

The possibility for widespread outages reflects how power grids in California and other states are becoming more vulnerable to climate-related disasters such as heat waves, storms and wildfires across California.

California, which has set a goal to transition to 100% carbon-free electricity by 2045, has shuttered a slew of gas power plants in the past few years, leaving the state increasingly dependent on solar energy.

At times, the state has produced a clean energy surplus during peak solar generation, underscoring the challenges of balancing supply and demand.

The megadrought in the American West has generated the driest two decades in the region in at least 1,200 years, and human-caused climate change has fueled the problem, scientists said earlier this year. Conditions will likely continue through 2022 and persist for years.

 

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Tracking Progress on 100% Clean Energy Targets

100% Clean Energy Targets drive renewable electricity, decarbonization, and cost savings through state policies, CCAs, RECs, and mandates, with timelines and interim goals that boost jobs, resilience, and public health across cities, counties, and utilities.

 

Key Points

Policies for cities and states to reach 100% clean power by set dates, using mandates, RECs, and interim goals.

✅ Define eligible clean vs renewable resources

✅ Mandate vs goal framework with enforcement

✅ Timelines with interim targets and escape clauses

 

“An enormous amount of authority still rests with the states for determining your energy future. So we can build these policies that will become a postcard from the future for the rest of the country,” said David Hochschild, chair of the California Energy Commission, speaking last week at a UCLA summit on state and local progress toward 100 percent clean energy.

According to a new report from the UCLA Luskin Center for Innovation, 13 states, districts and territories, as well as more than 200 cities and counties, with standout clean energy purchases by Southeast cities helping drive momentum, have committed to a 100 percent clean electricity target — and dozens of cities have already hit it.

This means that one of every three Americans, or roughly 111 million U.S. residents representing 34 percent of the population, live in a community that has committed to or has already achieved 100 percent clean electricity, including communities like Frisco, Colorado that have set ambitious targets.

“We’re going to look back on this moment as the moment when local action and state commitments began to push the entire nation toward this goal,” said J.R. DeShazo, director of the UCLA Luskin Center for Innovation.

Not all 100 percent targets are alike, however. The report notes that these targets vary based on 1) what resources are eligible, 2) how binding the 100 percent target is, and 3) how and when the target will be achieved.

These distinctions will carry a lot of weight as the policy discussion shifts from setting goals to actually meeting targets. They also have implications for communities in terms of health benefits, cost savings and employment opportunities.

 

100% targets come in different forms

One key attribute is whether a target is based on "renewable" or "clean" energy resources. Some 100 percent targets, like Hawaii’s and Rhode Island’s 2030 plan, are focused exclusively on renewable energy, or sources that cannot be depleted, such as wind, solar and geothermal. But most jurisdictions use the broader term “clean energy,” which can also include resources like large hydroelectric generation and nuclear power.

States also vary in their treatment of renewable energy certificates, used to track and assign ownership to renewable energy generation and use. Unbundled RECs allow for the environmental attributes of the renewable energy resource to be purchased separately from the physical electricity delivery.

The binding nature of these targets is also noteworthy. Seven states, as well as Puerto Rico and the District of Columbia, have passed 100 percent clean energy transition laws. Of the jurisdictions that have passed 100 percent legislation, all but one specifies that the target is a “mandate,” according to the report. Nevada is the only state to call the target a “goal.”

Governors in four other states have signed executive orders with 100 percent clean energy goals.

Target timelines also vary. Washington, D.C. has set the most ambitious target date, with a mandate to achieve 100 percent renewable electricity by 2032. Other states and cities have set deadline years between 2040 and 2050. All "100 percent" state laws, and some city and county policies, also include interim targets to keep clean energy deployment on track.

In addition, some locations have included some form of escape clause. For instance, Salt Lake City, which last month passed a resolution establishing a goal of powering the county with 100 percent clean electricity by 2030, included “exit strategies” in its policy in order to encourage stakeholder buy-in, said Mayor Jackie Biskupski, speaking last week at the UCLA summit.

“We don’t think they’ll get used, but they’re there,” she said.

Other locales, meanwhile, have decided to go well beyond 100 percent clean electricity. The State of California and 44 cities have set even more challenging targets to also transition their entire transportation, heating and cooling sectors to 100 percent clean energy sources, and proposals like requiring solar panels on new buildings underscore how policy can accelerate progress across sectors.

Businesses are simultaneously electing to adopt more clean and renewable energy. Six utilities across the United States have set their own 100 percent clean or carbon-free electricity targets. UCLA researchers did not include populations served by these utilities in their analysis of locations with state and city 100 percent clean commitments.

 

“We cannot wait”

All state and local policies that require a certain share of electricity to come from renewable energy resources have contributed to more efficient project development and financing mechanisms, which have supported continued technology cost declines and contributed to a near doubling of renewable energy generation since 2008.

Many communities are switching to clean energy in order to save money, now that the cost calculation is increasingly in favor of renewables over fossil fuels, as more jurisdictions get on the road to 100% renewables worldwide. Additional benefits include local job creation, cleaner air and electricity system resilience due to greater reliance on local energy resources.

Another major motivator is climate change. The electricity sector is responsible for 28 percent of U.S. greenhouse gas emissions, second only to transportation. Decarbonizing the grid also helps to clean up the transportation sector as more vehicles move to electricity as their fuel source.

“The now-constant threat of wildfires, droughts, severe storms and habitat loss driven by climate change signals a crisis we can no longer ignore,” said Carla Peterman, senior vice president of regulatory affairs at investor-owned utility Southern California Edison. “We cannot wait and we should not wait when there are viable solutions to pursue now.”

Prior to joining SCE on October 1, Peterman served as a member of the California Public Utilities Commission, which implements and administers renewable portfolio standard (RPS) compliance rules for California’s retail sellers of electricity. California’s target requires 60 percent of the state’s electricity to come from renewable energy resources by 2030, and all the state's electricity to come from carbon-free resources by 2045.  

 

How CCAs are driving renewable energy deployment

One way California communities are working to meet the state’s ambitious targets is through community-choice aggregation, especially after California's near-100% renewable milestone underscored what's possible, via which cities and counties can take control of their energy procurement decisions to suit their preferences. Investor-owned utilities no longer purchase energy for these jurisdictions, but they continue to operate the transmission and distribution grid for all electricity users.                           

A second paper released by the Luskin Center for Innovation in recent days examines how community-choice aggregators are affecting levels of renewable energy deployment in California and contributing to the state’s 100 percent target.

The paper finds that 19 CCAs have launched in California since 2010, growing to include more than 160 towns, cities and counties. Of those communities, 64 have a 100 percent renewable or clean energy policy as their default energy program.

Because of these policies, the UCLA paper finds that “CCAs have had both direct and indirect effects that have led to increases in the clean energy sold in excess of the state’s RPS.”

From 2011 to 2018, CCAs directly procured 24 terawatt-hours of RPS-eligible electricity, 11 TWh of which have been voluntary or in excess of RPS compliance, according to the paper.

The formation of CCAs has also had an indirect effect on investor-owned utilities. As customers have left investor-owned utilities to join CCAs, the utilities have been left holding contracts for more renewable energy than they need to comply with California’s clean energy targets, amid rising solar and wind curtailments that complicate procurement decisions. UCLA researchers estimate that this indirect effect of CCA formation has left IOUs holding 13 terawatt-hours in excess of RPS requirements.

The paper concludes that CCAs have helped to accelerate California’s ability to meet state renewable energy targets over the past decade. However, the future contributions of CCAs to the RPS are more uncertain as communities make new power-purchasing decisions and utilities seek to reduce their excess renewable energy contracts.

“CCAs offer a way for communities to put their desire for clean energy into action. They're growing fast in California, one of only eight states where this kind of mechanism is allowed," said UCLA's Kelly Trumbull, an author of the report. "State and federal policies could be reformed to better enable communities to meet local demand for renewable energy.”

 

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Coal, Business Interests Support EPA in Legal Challenge to Affordable Clean Energy Rule

Affordable Clean Energy Rule Lawsuit pits EPA and coal industry allies against health groups over Clean Power Plan repeal, greenhouse gas emissions standards, climate change, public health, and state authority before the D.C. Circuit.

 

Key Points

A legal fight over EPA's ACE rule and CPP repeal, weighing emissions policy, state authority, climate, and public health.

✅ Challenges repeal of Clean Power Plan and adoption of ACE.

✅ EPA backed by coal, utilities; health groups seek stricter limits.

✅ D.C. Circuit to review emissions authority and state roles.

 

The largest trade association representing coal interests in the country has joined other business and electric utility groups in siding with the EPA in a lawsuit challenging the Trump administration's repeal of the Clean Power Plan.

The suit -- filed by the American Lung Association and the American Public Health Association -- seeks to force the U.S. Environmental Protection Agency to drop a new rule-making process that critics claim would allow higher levels of greenhouse gas emissions, further contributing to the climate crisis and negatively impacting public health.

The new rule, which the Trump administration calls the "Affordable Clean Energy rule" (ACE), "would replace the 2015 Clean Power Plan, which EPA has proposed to repeal because it exceeded EPA's authority. The Clean Power Plan was stayed by the U.S. Supreme Court and has never gone into effect," according to an EPA statement.

EPA has also moved to rewrite wastewater limits for coal power plants, signaling a broader rollback of related environmental requirements.

America's Power -- formerly the American Coalition for Clean Coal Electricity -- the U.S. Chamber of Commerce, the National Mining Association, and the National Rural Electric Cooperative Association have filed motions seeking to join the lawsuit. The U.S. Court of Appeals for the District of Columbia Circuit has not yet responded to the motion.

Separately, energy groups warned that President Trump and Energy Secretary Rick Perry were rushing major changes to electricity pricing that could disrupt markets.

"In this rule, the EPA has accomplished what eluded the prior administration: providing a clear, legal pathway to reduce emissions while preserving states' authority over their own grids," Hal Quinn, president and chief executive officer of the mining association, said when the new rule was released last month. "ACE replaces a proposal that was so extreme that the Supreme Court issued an unprecedented stay of the proposal, having recognized the economic havoc the mere suggestion of such overreach was causing in the nation's power grid."

Around the same time, a coal industry CEO blasted a federal agency's decision on the power grid as harmful to reliability.

The trade and business groups have argued that the Clean Power Plan, set by the Obama administration, was an overreach of federal power. Finalized in 2015, the plan was President Obama's signature policy on climate change, rooted in compliance with the Paris Climate Treaty. It would have set state limits on emissions from existing power plants but gave wide latitude for meeting goals, such as allowing plant operators to switch from coal to other electric generating sources to meet targets.

Former EPA Administrator Scott Pruitt argued that the rule exceeded federal statutory limits by imposing "outside the fence" regulations on coal-fired plants instead of regulating "inside the fence" operations that can improve efficiency.

The Clean Power Plan set a goal of reducing carbon emissions from power generators by 32 percent by the year 2030. An analysis from the Rhodium Group found that had states taken full advantage of the CPP's flexibility, emissions would have been reduced by as much as 72 million metric tons per year on average. Still, even absent federal mandates, the group noted that states are taking it upon themselves to enact emission-reducing plans based on market forces.

In its motion, America's Power argues the EPA "acknowledged that the [Best System of Emission Reduction] for a source category must be 'limited to measures that can be implemented ... by the sources themselves.'" If plants couldn't take action, compliance with the new rule would require the owners or operators to buy emission rate credits that would increase investment in electricity from gas-fired or renewable sources. The increase in operating costs plus federal efforts to shift power generation to other sources of energy, thereby increasing costs, would eventually force the coal-fired plants out of business.

In related proceedings, renewable energy advocates told FERC that a DOE proposal to subsidize coal and nuclear plants was unsupported by the record, highlighting concerns about market distortions.

"While we are confident that EPA will prevail in the courts, we also want to help EPA defend the new rule against others who prefer extreme regulation," said Michelle Bloodworth, president and CEO of America's Power.

"Extreme regulation" to one group is environmental and health protections to another, though.

Howard A. Learner, executive director of the Environmental Law & Policy Center of the Midwest, defended the Clean Power Plan in an opinion piece published in June.

"The Midwest still produces more electricity from coal plants than any other region of the country, and Midwesterners bear the full range of pollution harms to public health, the Great Lakes, and overall environmental quality," Learner wrote. "The new [Affordable Clean Energy] Rule is a misguided policy, moves our nation backward in solving climate change problems, and misses opportunities for economic growth and innovation in the global shift to renewable energy. If not reversed by the courts, as it should be, the next administration will have the challenge of doing the right thing for public health, the climate and our clean energy future."

When it initially filed its lawsuit against the Trump administration's Affordable Clean Energy Rule, the American Lung Association accused the EPA of "abdicat[ing] its legal duties and obligations to protect public health." It also referred to the new rule as "dangerous."

 

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