Duke unit sees little immediate impact from CAIR, CAMR rulings

By SNL Securities


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The Duke Energy Kentucky Inc. unit of Duke Energy Corp. told the Kentucky Public Service Commission in a Sept. 29 filing that appeals court rulings striking down two federal air emissions rules are having little effect at the moment on its coal-fired power facilities.

DE-Kentucky was answering a question posed by the PSC as part of an ongoing integrated resource plan review process. The commission asked about the impact earlier this year of two federal appeals courts striking down the federal Clean Air Interstate Rule and the companion Clean Air Mercury Rule.

"The recent court decision to vacate the CAIR (& CAMR) results in DE-Kentucky being required to continue to comply with the existing Acid Rain SO2 cap & trade program and the ozone season NOx Budget Trading Program," said the utility. "However, states will immediately begin to revise their State Implementation Plans to attain the fine particulate matter National Ambient Air Quality Standard, since their previous submittal relied on CAIR.

It is likely that equipment installed to comply with CAlR will be mandated to operate annually to meet new SIP requirements very soon. Furthermore, in order to address emissions transport, the U.S. Congress may act to reinstate CAIR or more stringent multi-pollutant legislation or states may file Section 126 petitions with USEPA against upwind states. DE-Kentucky is actively monitoring these activities."

DE-Kentucky was also asked about plans to operate the selective catalytic reduction system for NOx control at the East Bend plant for an additional time in 2008 in order to earn NOx Compliance Supplement Pool Allowances.

"With the court decision to vacate CAIR, there is no immediate requirement to operate the East Bend Station SCR outside of the ozone season — either to earn early reduction credits or the January 2009 implementation date. However, as stated in [the prior answer about CAIR and CAMR being struck down], the Kentucky DEP will be revising its fine particulate matter SIP very quickly and will likely require the operation of installed controls to attain the NAAQS."

In response to another PSC question, DE-Kentucky attached a fact sheet describing a small CO2 sequestration demonstration project at East Bend. "Duke Energy has volunteered to take part in a field test of a promising technique for permanently storing carbon dioxide deep under its East Bend Generating Station," according to the fact sheet. "The test is one of several being conducted in the Midwest by the U.S. Department of Energy's (USDOE's) Midwest Regional Carbon Sequestration Partnership (MRCSP)."

DE-Kentucky added: "Although the field test at East Bend is a very small-scale test, it represents an important step in building our knowledge and helping future generations to address climate change. If successful, geologic sequestration could also be economically important to Kentucky and other Midwestern states by allowing the region to produce carbon-neutral, affordable energy to support our region's economy in the future."

DE-Kentucky said various project activities will be spread over a period of about three years. The exact timing of individual activities will depend on what is learned during the previous step, as well as on the availability of needed equipment. Before injecting CO2, Duke Energy will prepare an application for a permit to the U.S. Environmental Protection Agency Region 4 office.

The permit application requires an operational plan, which will include factors such as determining the pressure at which the CO2 should be injected and a plan for monitoring the safety of the operations. These activities are expected to take place during 2008.

In the project, a very small amount of CO2 will be injected over a period of one to three months. Before injection, the CO2 will be compressed to a liquid-like state. It will then be injected through a well into rock formations filled with saline water. Injection will occur at a depth of 3,000 to 3,500 feet, far below drinking water sources, which are at a depth of less than 100 feet in this region.

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NL Consumer Advocate says 18% electricity rate hike 'unacceptable'

Newfoundland and Labrador electricity rate hike examines a proposed 18.6% increase under the PUB's Rate Stabilization Plan, driven by oil prices at Holyrood, with Consumer Advocate concerns over rate shock and use of RSP balances.

 

Key Points

A proposed 18.6% July 2017 increase under the RSP, driven by oil prices, now under PUB review for potential mitigation.

✅ PUB flags potential rate shock from proposed adjustment

✅ RSP balances cited to offset increases without depleting fund

✅ Oil-fired Holyrood volatility drives fuel cost uncertainty

 

How much of a rate hike is reasonable for users of electricity in Newfoundland and Labrador?

That's a question before the Public Utilities Board (PUB) as it examines an application by Newfoundland and Labrador Hydro, which could see consumers pay up to 18.6 per cent more as of July 1, reflecting regional pressures seen in Nova Scotia, where regulators approved a 14% rate hike earlier this year.

"The estimated rate increase for July 2017 is such a significant increase that it may be argued that it would cause rate shock," said the PUB, asking the company to revise its application.

NL Hydro said the price adjustment is part of what happens every year through the Rate Stabilization Plan (RSP), which is used to offset the ups and downs of oil prices.

"The cost of fuel is volatile and as long as we rely on oil-fired generation at Holyrood, customers will continue to be impacted by this electricity price uncertainty," said the company in a statement to CBC News.

It noted that customers received a break from RSP adjustments in 2015 and 2016, even as costs from the Muskrat Falls project begin to be reflected.

The PUB noted that under the rate stabilization plan, prices have gone up or down by about 10 per cent in the past.

The regulatory board said the impact of the latest request would be a 27.6 per cent hike to Newfoundland Power, with "an estimated average end customer impact of 18.6 per cent."

Hydro's estimates are based on an average price for oil of $81.40 per barrel from July 2017 to June 2018, according to the PUB.

 

'Unacceptable' burden: Consumer Advocate

"To burden ratepayers with an 18 per cent rate increase is unacceptable," said Consumer Advocate Dennis Browne, echoing pushback in Nova Scotia, where the premier urged regulators to reject a 14% hike at the time.

Browne is arguing that there is money in the RSP to reduce the proposed increase, including the possibility of a lump-sum bill credit for customers.

"These ratepayer balances — which, according to NL Power, totals $77.4 million — are not the property of Hydro," he wrote in a letter to the PUB.

"No utility has the right to squirrel away ratepayers' money to be used by that utility for some future purpose. The Board has jurisdiction over those balances," Browne said.

Browne also wants the RSP overhauled so that it can be applied to price fluctuations every quarter, as opposed to annually.

Hydro has expressed concern that depleting the rate stabilization fund would lead to other, more significant, rate increases in the future.

It said several alternatives to mitigate high rates have been provided to the PUB, which has final say, similar to how Manitoba Hydro scaled back a planned increase in the next year.

 

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Town of Gander forgives $250K debt from local curling club

Gander Curling Club Debt Forgiveness Agreement explained: town council tax relief, loan write-off conditions, community benefits, and economic impact, covering long-standing taxes and loans while protecting the facility with asset clauses and compliance terms.

 

Key Points

Town plan erasing 25 years of tax and loan debt, with conditions to keep the curling facility open for residents.

✅ Conditions: no borrowing against property without consent.

✅ Water and sewer taxes must be paid annually.

✅ If sold or use changes, debt due; transfer for $1.

 

Gander town council has agreed to forgive the local curling club's debt of over $250,000.

Gina Brown, chair of the town council's finance committee, says the agreement has been put in place to help the curling club survive, amid broader discussions on electricity affordability in Newfoundland and Labrador.

"When we took a look at this and realized there was a significant outstanding debt for Gander curling club … we have to mitigate," Brown told CBC Newfoundland Morning. "[Getting] what the taxpayers are owed, with also understanding and appreciating the role that that recreational facility plays in our community."

According to Brown, the debt comes from a combination of taxes and loans, going back about 25 years. She says the curling club understood there was debt, but didn't know the number was so high. The club has been in the black since 2007, but used their profits for other items like renovations.

"Like so many cases when you're dealing with an organization with a changing board, and the same for council … [people are] coming in and coming out," Brown said. "And as a result, my understanding from the curling club's perspective is they weren't aware of how much was outstanding."

Chris McLeod, president of the Gander Curling Club, told CBC the club had been trying to address the debt since he became president in 2014.

Terms of agreement
The town's agreement with the club comes with the following stipulations:

The club will not use the property as security for any form of borrowing without the town's consent.
 
The club will continue to pay water and sewer tax annually.
 
If the club sells the property, the town reserves the right to void the agreement and the debt will immediately become due in full.
 
If the club stops using the facility as a curling club, the property will be transferred to the town for $1.
McLeod says the club will not attempt to pay back the debt, as it is not part of the agreement. The only way the debt would be paid is if the building is sold, which McLeod says it won't be, and there are also no plans to use the building for anything other than a curling club.

"[The debt] is basically gone now," McLeod said.

McLeod says the move was made to help get the debt off the books, and make sure the curling club can be financially responsible in the future, similar to relief programs some utilities offered during the pandemic.

The curling club is something that encourages people. So we felt that this has to be maintained.
- Gina Brown

Brown says keeping the curling club in Gander is important for the town, and brings different benefits to the area, as regional power cooperation debates illustrate broader trends.

"They are servicing people from as young as Grade 1 to seniors," Brown said. "You need little to no equipment, you need no background. So for the town itself, for its social and health implications, as provinces advance emissions plans that can affect communities, is one. But the other thing is the economic benefit that comes from having this facility here."


The Gander Curling Club's debt forgiveness comes with several conditions. (Google Maps)
The curling club can help attract people into the community, as recreational facilities are often a key draw for families, she added, while other provinces are creating transition funds to support communities.

"When you're as a town, trying to attract people coming in … whether you're a doctor, nurse, anybody looking at the recreational facilities, the curling club is something that encourages people," Brown said. "So we felt that this has to be maintained."

Brown says the town understands they might be setting a precedent with other businesses in forgiving the debts of the curling club, as major infrastructure like B.C.'s Site C dam has faced budget overruns.

"That's another thing we had to consider, what kind of precedents are [we] establishing?" Brown said. "From our standpoint, I think one of the things about this agreement that we felt was beneficial to the town is that they have an asset, helping to avoid costly delays seen with large projects. And the asset is a great building. To us, the taxpayers are in a win-win situation."

 

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Top Senate Democrat calls for permanent renewable energy, storage, EV tax credits

Clean Energy Tax Incentives could expand under Democratic proposals, including ITC, PTC, and EV tax credits, boosting renewable energy, energy storage, and grid modernization within a broader infrastructure package influenced by Green New Deal goals.

 

Key Points

Federal incentives like ITC, PTC, and EV credits that cut costs and speed renewables, storage, and grid upgrades.

✅ Proposes permanence for ITC, PTC, and EV tax credits

✅ Could accelerate solar, wind, storage, and grid upgrades

✅ Passage depends on bipartisan infrastructure compromise

 

The 115th U.S. Congress has not even adjourned for the winter, and already a newly resurgent Democratic Party is making demands that reflect its majority status in the U.S. House come January.

Climate appears to be near the top of the list. Last Thursday, Senator Chuck Schumer (D-NY), the Democratic Leader in the Senate, sent a letter to President Trump demanding that any infrastructure package taken up in 2019 include “policies and funding to transition to a clean energy economy and mitigate the risks that the United States is already facing due to climate change.”

And in a list of policies that Schumer says should be included, the top item is “permanent tax incentives for domestic production of clean electricity and storage, energy efficient homes and commercial buildings, electric vehicles, and modernizing the electric grid.”

In concrete terms, this could mean an extension of the Investment Tax Credit (ITC) for solar and energy storage, the Production Tax Credit (PTC) for wind and the federal electric vehicle (EV) tax credit program as well.

 

Pressure from the Left

This strong statement on climate change, clean energy and infrastructure investment comes as at least 30 incoming members of the U.S. House of Representatives have signed onto a call for the creation of a committee to explore a “Green New Deal” and to move the nation to 100% renewable energy by 2030.*

It also comes as Schumer has come under fire by activists for rumors that he plans to replace Senator Maria Cantwell (D-Washington) with coal state Democrat Joe Manchin (D-West Virginia) as the top Democrat on the Senate Energy and Natural Resources Committee.

As such, one possible way to read these moves is that centrist leaders like Schumer are responding to pressure from an energized and newly elected Left wing of the Democratic Party. It is notable that Schumer’s program includes many of the aims of the Green New Deal, while avoiding any explicit use of that phrase.

 

Implications of a potential ITC extension

The details of levels and timelines are important here, particularly for the ITC.

The ITC was set to expire at the end of 2016, but was extended in legislative horse-trading at the end of 2015 to a schedule where it remains at 30% through the end of 2019 and then steps down for the next three years, and disappears entirely for residential projects. Since that extension the IRS has issued guidance around the use of co-located energy storage, as well as setting a standard under which PV projects can claim the ITC for the year that they begin construction.

This language around construction means that projects can start work in 2019, complete in 2023 and still claim the 30% ITC, and this may be why we at pv magazine USA are seeing an unprecedented boom in project pipelines across the United States.

Of course, if the ITC were to become permanent some of those projects would be pushed out to later years. But as we saw in 2016, despite an extension of the ITC many projects were still completed before the deadline, leading to the largest volume of PV installed in the United States in any one year to date.

This means that if the ITC were extended by the end of 2020, we could see the same thing all over again – a boom in projects created by the expected sunset, and then after a slight lull a continuation of growth.

Or it is possible that a combination of raw economics, increased investor and utility interest, and accelerating renewable energy mandates will cause solar growth rates to continue every year, and that any changes in the ITC will only be a bump against a larger trend.

While the basis for expiration of the EV tax credit is the number of vehicles sold, not any year, both the battery storage and EV industries, which many see at an inflection point, could see similar effects if the ITC and EV tax credits are made permanent.

 

Will consensus be reached?

It is also unclear that any such infrastructure package will be taken up by Republicans, or that both parties will be able to come to a compromise on this issue. While the U.S. Congress passed an infrastructure bill in 2017, given the sharp and growing differences between the two parties, and divergent trade approaches such as the 100% tariff on Chinese-made EVs, it is not clear that they will be able to come to a meaningful compromise during the next two years.

 

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Hydro One reports $1.1B Q2 profit boosted by one-time gain due to court ruling

Hydro One Q2 Earnings surge on a one-time gain from a court ruling on a deferred tax asset, lifting profit, revenue, and adjusted EPS at Ontario's largest utility regulated by the Ontario Energy Board.

 

Key Points

Hydro One Q2 earnings jumped on an $867M court gain, with revenue at $1.67B and adjusted EPS improving to $0.39.

✅ One-time gain: $867M from tax appeal ruling.

✅ Revenue: $1.67B vs $1.41B last year.

✅ Adjusted EPS: $0.39 vs $0.26.

 

Hydro One Ltd., following the Peterborough Distribution sale transaction closing, reported a second-quarter profit of $1.1 billion, boosted by a one-time gain related to a court decision.

The power utility says it saw a one-time gain of $867 million in the quarter due to an Ontario court ruling on a deferred tax asset appeal that set aside an Ontario Energy Board decision earlier.

Hydro One says the profit amounted to $1.84 per share for the quarter ended June 30, amid investor concerns about uncertainties, up from $155 million or 26 cents per share a year earlier.

Shares also moved lower after the Ontario government announced leadership changes, as seen when Hydro One shares fell on the news in prior trading.

On an adjusted basis, it says it earned 39 cents per share for the quarter, despite earlier profit plunge headlines, up from an adjusted profit of 26 cents per share in the same quarter last year.

Revenue totalled $1.67 billion, up from $1.41 billion in the second quarter of 2019, while other Canadian utilities like Manitoba Hydro face heavy debt burdens.

Hydro One is Ontario’s largest electricity transmission and distribution provider, and its CEO compensation has drawn scrutiny in the province.

 

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Rio Tinto Completes Largest Off-Grid Solar Plant in Canada's Northwest Territories

Rio Tinto Off-Grid Solar Power Plant showcases renewable energy at the Diavik Diamond Mine in Canada's Northwest Territories, cutting diesel use, lowering carbon emissions, and boosting remote mining resilience with advanced photovoltaic technology.

 

Key Points

A remote solar PV plant at Diavik mine supplying clean power while cutting diesel use, carbon emissions, and costs.

✅ Largest off-grid solar in Northwest Territories

✅ Replaces diesel generators during peak solar hours

✅ Enhances sustainability and lowers operating costs

 

In a significant step towards sustainable mining practices, Rio Tinto has completed the largest off-grid solar power plant in Canada’s Northwest Territories. This groundbreaking achievement not only highlights the company's commitment to renewable energy, as Canada nears 5 GW of solar capacity nationwide, but also sets a new standard for the mining industry in remote and off-grid locations.

Located in the remote Diavik Diamond Mine, approximately 220 kilometers south of the Arctic Circle, Rio Tinto's off-grid solar power plant represents a technological feat in harnessing renewable energy in challenging environments. The plant is designed to reduce reliance on diesel fuel, traditionally used to power the mine's operations, and mitigate carbon emissions associated with mining activities.

The decision to build the solar power plant aligns with Rio Tinto's broader sustainability goals and commitment to reducing its environmental footprint. By integrating renewable energy sources like solar power, a strategy that renewable developers say leads to better, more resilient projects, the company aims to enhance energy efficiency, lower operational costs, and contribute to global efforts to combat climate change.

The Diavik Diamond Mine, jointly owned by Rio Tinto and Dominion Diamond Mines, operates in a remote region where access to traditional energy infrastructure is limited, and where, despite lagging solar demand in Canada, off-grid solutions are increasingly vital for reliability. Historically, diesel generators have been the primary source of power for the mine's operations, posing logistical challenges and environmental impacts due to fuel transportation and combustion.

Rio Tinto's investment in the off-grid solar power plant addresses these challenges by leveraging abundant sunlight in the Northwest Territories to generate clean electricity directly at the mine site. The solar array, equipped with advanced photovoltaic technology, which mirrors deployments such as Arvato's first solar plant in other sectors, is capable of producing a significant portion of the mine's electricity needs during peak solar hours, reducing reliance on diesel generators and lowering overall carbon emissions.

Moreover, the completion of the largest off-grid solar power plant in Canada's Northwest Territories underscores the feasibility and scalability of renewable energy solutions, from rooftop arrays like Edmonton's largest rooftop solar to off-grid systems in remote and resource-intensive industries like mining. The success of this project serves as a model for other mining companies seeking to enhance sustainability practices and operational resilience in challenging geographical locations.

Beyond environmental benefits, Rio Tinto's initiative is expected to have positive economic and social impacts on the local community. By reducing diesel consumption, the company mitigates air pollution and noise levels associated with mining operations, improving environmental quality and contributing to the well-being of nearby residents and wildlife.

Looking ahead, Rio Tinto's investment in renewable energy at the Diavik Diamond Mine sets a precedent for responsible resource development and sustainable mining practices in Canada, where solar growth in Alberta is accelerating, and globally. As the mining industry continues to evolve, integrating renewable energy solutions like off-grid solar power plants will play a crucial role in achieving long-term environmental sustainability and operational efficiency.

In conclusion, Rio Tinto's completion of the largest off-grid solar power plant in Canada's Northwest Territories marks a significant milestone in the mining industry's transition towards renewable energy. By harnessing solar power to reduce reliance on diesel generators, the company not only improves operational efficiency and environmental stewardship but also adds to momentum from corporate power purchase agreements like RBC's Alberta solar deal, setting a positive example for sustainable development in remote regions. As global demand for responsible mining practices grows, initiatives like Rio Tinto's off-grid solar project demonstrate the potential of renewable energy to drive positive change in resource-intensive industries.

 

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Relief for power bills in B.C. offered to only part of province

BC Hydro COVID-19 Relief offers electricity bill credits for laid-off workers and small business support, announced by Premier John Horgan, while FortisBC customers face deferrals and billing arrangements across Kelowna, Okanagan, and West Kootenay.

 

Key Points

BC Hydro COVID-19 Relief gives bill credits to laid-off residents; FortisBC offers deferrals and payment plans.

✅ Credit equals 3x average monthly bill for laid-off BC Hydro users

✅ Small businesses on BC Hydro get three months bill forgiveness

✅ FortisBC waives late fees, no disconnections, offers deferrals

 

On April 1, B.C. Premier John Horgan announced relief for BC Hydro customers who are facing bills after being laid-off during the economic shutdown due to the COVID-19 epidemic, while the utility also explores time-of-use rates to manage demand.

“Giving people relief on their power bills lets them focus on the essentials, while helping businesses and encouraging critical industry to keep operating,” he said.

BC Hydro residential customers in the province who have been laid off due to the pandemic will see a credit for three times their average monthly bill and, similar to Ontario's pandemic relief fund, small businesses forced to close will have power bills forgiven for three months.

But a large region of the province which gets its power from FortisBC will not have the same bail out.

FortisBC is the electricity provider to the tens of thousands who live and work in the Silmikameen Valley on Highway 3, the city of Kelowna, the Okanagan Valley south from Penticton, the Boundary region along the U.S. border. as well as West Kootenay communities.

“We want to make sure our customers are not worried about their FortisBC bill,” spokesperson Nicole Brown said.

FortisBC customers will still be on the hook for bills despite measures being taken to keep the lights on, even as winter disconnection pressures have been reported elsewhere.

Recent storm response by BC Hydro also highlights how crews have kept electricity service reliable during recent atypical events.

“We’ve adjusted our billing practices so we can do more,” she said. “We’ve discontinued our late fees for the time being and no customer will be disconnected for any financial reason.”

Brown said they will work one-on-one with customers to help find a billing arrangement that best suits their needs, aligning with disconnection moratoriums seen in other jurisdictions.

Those arrangement, she said, could include a “deferral, an equal payment plan or other billing options,” similar to FortisAlberta's precautions announced in Alberta.

Global News inquired with the Premier’s office why FortisBC customers were left out of Wednesday’s announcement and were deferred to the Ministry of Energy, Mines and Petroleum Resources.

The Ministry referred us back to FortisBC on the issue and offered no other comment, even as peak rates for self-isolating customers remained unchanged in parts of Ontario.

“We’re examining all options of how we can further help our customers and look forward to learning more about the program that BC Hydro is offering,” Brown said.

Disappointed FortisBC customers took to social media to vent about the disparity.

 

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