IAEA advises caution as new wave of nuclear projects takes off

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"No Fewer than 50 countries have informed the IAEA that they are considering introducing nuclear power," said Mohamed ElBaradei, director general of the International Atomic Energy Agency (IAEA), at the 50th anniversary of the Organization for Economic Co-operation and Development Nuclear Energy Agency in October.

He said that 12 nations, including Turkey, Egypt, Vietnam and Nigeria were actively preparing nuclear energy programs.

Surveying the new nuclear-power horizon which is energizing major power engineering companies worldwide, ElBaradei said China was currently constructing six reactors and anticipated growing installed nuclear power capacity by a factor of five by 2020.

Russia plans to more than double nuclear capacity by 2020 by adding 26 large reactors and 10 smaller units. India plans to expand nuclear power capacity by a factor of eight by 2022 and is currently constructing six reactors.

The IAEA expects nuclear energy to account for about 14% of electricity generated globally by 2030. In the same period global energy consumption is forecast to grow by about 50%, with growth in developing companies tripling.

ElBaradei cautioned on expectations of how quickly countries could have new nuclear reactors operating, saying that it could take a minimum of 10 years just to put the basic infrastructure in place. He said that there should be no corner-cutting, and although public attitudes had become positive to nuclear power, concern about nuclear waste should remain until the first final repository for high-level waste was operational.

On nuclear proliferation, ElBaradei said serious thought should be applied to some form of multi-national control over the fuel cycle. This would mean that every safeguard-compliant country would be assured of access to nuclear fuel that would not be interrupted for political reasons.

Indian opinion sees the new India-U.S. nuclear power deal as one of the motivators behind the revival of the dormant U.S. nuclear power industry. No plants have been built in the U.S. since 1973. A sign of this revival is the joint venture set up between Areva (67%) and Northrop Grumman Corporation (33%) to build nuclear reactor vessels, steam generators and other heavy equipment at Northrop's Newport, Virginia, shipyard.

The Areva Newport LLC venture is planning a 300,000-square-foot world-class manufacturing and engineering facility for Areva's third generation Evolutionary Power Reactor. The joint venture aims to leverage Northrop Grumman's shipbuilding program and expertise in building large nuclear and non-nuclear ships for the U.S. Navy and would generate about 500 jobs. Areva would like to build 33% of all new reactors around the world, with at least seven of these in the US.

In France, Toshiba Corporation announced that a consortium between Toshiba and Westinghouse had been awarded a $133 million contract by state-owned utility Electricite de France (EDF) for the renewal of stator coils in generators of more than 10 nuclear plants in France. The 10-year contract is part of EDF's continuous program to retrofit the key components in the company's 58 commissioned nuclear plants in the country.

After pre-installation arrangements, the manufacture of stator winding will begin at the end of the first quarter of 2009 at Toshiba's Keihin Product Operations in Yokohama, Japan, the hub of Toshiba's power generation equipment business. Three or four re-winding operations a year are anticipated for 900-MW and 1300-MW generators, starting in 2010. Japanese technical experts, with experience at nuclear sites in Japan, will provide EDF with technical support for smooth operation of the updated systems.

Westinghouse, a company in the Toshiba Corporation group, has supplied nuclear plant products and technologies to power utilities worldwide and claims to provide the technological basis for about 50% of all nuclear plants in operation.

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U.S. Electricity Sales Projections Continue to Fall

US Electricity Demand Outlook examines EIA forecasts, GDP decoupling, energy efficiency, electrification, electric vehicles, grid load growth, and weather variability to frame long term demand trends and utility planning scenarios.

 

Key Points

An analysis of EIA projections showing demand decoupling from GDP, with EV adoption and efficiency shaping future grid load.

✅ EIA lowers load growth; demand decouples from GDP.

✅ Efficiency and sector shifts depress kWh sales.

✅ EV adoption could revive load and capacity needs.

 

Electricity producers and distributors are in an unusual business. The product they provide is available to all customers instantaneously, literally at the flip of a switch. But the large amount of equipment, both hardware and software to do this takes years to design, site and install.

From a long range planning perspective, just as important as a good engineering design is an accurate sales projections. For the US electric utility industry the most authoritative electricity demand projec-tions come from the Department of Energy’s Energy Information Administration (EIA). EIA's compre-hensive reports combine econometric analysis with judgment calls on social and economic trends like the adoption rate of new technologies that could affect future electricity demand, things like LED light-ing and battery powered cars, and the rise of renewables overtaking coal in generation.

Before the Great Recession almost a decade ago, the EIA projected annual growth in US electricity production at roughly 1.5 percent per year. After the Great Recession began, the EIA lowered its projections of US electricity consumption growth to below 1 percent. Actual growth has been closer to zero. While the EIA did not antici-pate the last recession or its aftermath, we cannot fault them on that.

After the event, though, the EIA also trimmed its estimates of economic growth. For the 2015-2030 period it now predicts 2.1 percent economic and 0.3 percent electricity growth, down from previously projections of 2.7 percent and 1.3 percent respectively. (See Figures 1 and 2.)



 

Table 1. EIA electric generation projections by year of forecast (kWh billions)

 


 

Table 2. EIA forecast of GDP by year of forecast (billion 2009 $)

Back in 2007, the EIA figured that every one percent increase in economic activity required a 0.48 percent in-crease in electric generation to support it. By 2017, the EIA calculated that a 1 percent growth in economic activity now only required a 0.14 percent increase in electric output. What accounts for such a downgrade or disconnect between electricity usage and economic growth? And what factors might turn the numbers 
around?

First, the US economy lost energy intensive heavy industry like smelting, steel mills and refineries; patterns in China's electricity sector highlight how industrial shifts can reshape power demand. A more service oriented economy (think health care) relies more heavily on the movement of data or information and uses far less power than a manufacturing-oriented economy.

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Second, internet shopping has hurt so-called "brick and mortar" retailers. Despite the departure of heavy industry, in years past a burgeoning US commercial sector increased its demand and usage of electricity to offset the industrial decline. But not anymore. Energy efficiency measures as well as per-haps greater concern about global warming and greenhouse gas emissions and have cut into electricity sales. “Do more with less” has the right ring to it.

But there may be other components to the ongoing decline in electricity usage. Academic studies show that electricity usage seems to increase with income along an S curve, and flattens out after a certain income level. That is, if you earn $1 billion per year you do not (or cannot) use ten times a much electricity as someone earning only $100 million.

But people at typical, middle income levels increase or decrease electricity usage when incomes rise or fall. The squeeze on middle income families was discussed often in the late presidential campaign. In recent decades an increasing percentage of income has gone to a small percentage of the population at the top of the income scale. This trend probably accounts for some weakness in residential sales. This suggests that government policy addressing income inequality would also boost electricity sales.

Population growth affects demand for electricity as well as the economy as a whole. The EIA has made few changes in its projections, showing 0.7 percent per year population growth in 2015- 2030 in both the 2007 and 2017 forecasts. Recent studies, however, have shown a drop in the birth rate to record lows. More troubling, from a national health perspective is that the average age of death may have stopped rising. Those two factors point to lower population growth, especially if the government also restricts immi-gration. Thus, the US may be approaching a period of rather modest population growth.

All of the above factors point to minimal sales growth for electricity producers in the US--perhaps even lower than the seemingly conservative EIA estimates. But the cloud on the horizon has a silver lining in the shape of an electric car. Both the United Kingdom and France have set dates to end of production of automobiles with internal combustion engines. Several European car makers have declared that 20 percent of their output will be electric vehicles by the early 2020s. If we adopt automobiles powered by electricity and not gasoline or diesel, electricity sales would increase by one third. For the power indus-try, electric vehicles represent the next big thing.

We don’t pretend to know how electric car sales will progress. But assume vehicle turnover rates re-main at the current 7 percent per year and electric cars account for 5 percent of sales in the first five years (as op-posed to 1 percent now), 20 percent in the next five years and 50 percent in the third five year period. Wildly optimistic assumptions? Maybe. By 2030, electric cars would constitute 28 percent of the vehicle fleet. They would add about 10 percent to kilowatt hour sales by that date, assuming that battery efficiencies do not improved by then. Those added sales would require increased electric generation output, with low-emissions sources expected to cover almost all the growth globally. They would also raise long term growth rates for 2015-2030 from the present 0.3 percent to 1.0 percent. The slow upturn in demand should give the electric companies time to gear up so to speak.

In the meantime, weather will continue to play a big role in electricity consumption. Record heat-induced demand peaks are being set here in the US even as surging global demand puts power systems under strain worldwide.

Can we discern a pattern in weather conditions 15 years out? Maybe we can, but that is one topic we don’t expect a government agency to tackle in public right now. Meantime, weather will affect sales more than anything else and we cannot predict the weather. Or can we?

 

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Ontario introduces new 'ultra-low' overnight hydro pricing

Ontario Ultra-Low Overnight Electricity Rates cut costs for shift workers and EV charging, with time-of-use pricing, off-peak savings, on-peak premiums, kilowatt-hour details, and Ontario Energy Board guidance for homes and businesses across participating utilities.

 

Key Points

Ontario's ultra-low overnight plan: 2.4c/kWh 11pm-7am for EVs, shift workers; higher daytime on-peak pricing.

✅ 2.4c/kWh 11pm-7am; 24c/kWh on-peak 4pm-9pm

✅ Best for EV charging, shift work, night usage

✅ Available provincewide by Nov 1 via local utilities

 

The Ontario government is introducing a new ultra-low overnight price plan that can benefit shift workers and individuals who charge electric vehicles while they sleep.

Speaking at a news conference on Tuesday, Energy Minister Todd Smith said the new plan could save customers up to $90 a year.

“Consumer preferences are still changing and our government realized there was more we could do, especially as the province continues to have an excess supply of clean electricity at night when province-wide electricity demand is lower,” Smith said, noting a trend underscored by Ottawa's demand decline during the pandemic.

The new rate, which will be available as an opt-in option as of May 1, will be 2.4 cents per kilowatt-hour from 11 p.m. to 7 a.m. Officials say this is 67 per cent lower than the current off-peak rate, which saw a off-peak relief extension during the pandemic.

However, customers should be aware that this plan will mean a higher on-peak rate, as unlike earlier calls to cut peak rates, Hydro One peak charges remained unchanged for self-isolating customers.

The new plan will be offered by Toronto Hydro, London Hydro, Centre Wellington Hydro, Hearst Power, Renfrew Hydro, Wasaga Distribution, and Sioux Lookout Hydro by May. Officials have said this will be expanded to all local distribution companies by Nov. 1.

With the new addition of the “ultra low” pricing, there are now three different electricity plans that Ontarians can choose from. Here is what you have to know about the new hydro options:

TIME OF USE:
Most residential customers, businesses and farms are eligible for these rates, similar to BC Hydro time-of-use proposals in another province, which are divided into off-peak, mid-peak and on-peak hours.

This is what customers will pay as of May 1 according to the Ontario Energy Board, following earlier COVID-19 electricity relief measures that temporarily adjusted rates:

 Off-peak (Weekdays between 7 p.m. and 7 a.m. and on weekends/holidays): 7.4 cents per kilowatt-hour
 Mid-Peak (Weekdays between 7 a.m. and 11 a.m., and between 5 p.m. and 7 p.m.): 10.2 cents per kilowatt-hour
 On-Peak ( Weekdays 11 a.m. to 5 p.m.): 15.1 cents per kilowatt-hour

TIERED RATES
This plan allows customers to get a standard rate depending on how much electricity is used. There are various thresholds per tier, and once a household exceeds that threshold, a higher price applies. Officials say this option may be beneficial for retirees who are home often during the day or those who use less electricity overall.

The tiers change depending on the season. This is what customers will pay as of May 1:

 Residential households that use 600 kilowatts of electricity per month and non-residential businesses that use 750 kilowatts per month: 8.7 cents per kilowatt-hour.
 Residences and businesses that use more than that will pay a flat rate of 10.3 cents per kilowatt-hour


ULTRA-LOW OVERNIGHT RATES
Customers can opt-in to this plan if they use most of their electricity overnight.

This is what customers will pay as of May 1:

  •  Between 11 p.m. and 7 a.m.: 2.4 cents per kilowatt-hour
  •  Weekends and holidays between 7 a.m. and 11 p.m.: 7.4 cents per kilowatt-hour
  •  Mid-Peak (Weekdays between 7 a.m. and 4 p.m., and between 9 p.m. and 11 p.m.): 10.2 cents per kilowatt-hour
  •  On-Peak (weekdays between 4 p.m. and 9 p.m.): 24 cents per kilowatt-hour

More information on these plans can be found on the Ontario Energy Board website, alongside stable pricing for industrial and commercial updates from the province.

 

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Hurricane Michael by the numbers: 32 dead, 1.6 million homes, businesses without power

Hurricane Michael Statistics track catastrophic wind speed, storm surge, rainfall totals, power outages, evacuations, and fatalities across Florida and the Southeast, detailing Category 4 intensity, Saffir-Simpson scale impacts, and emergency response resources.

 

Key Points

Hurricane Michael statistics detail wind speed, storm surge, rainfall, outages, and deaths from Category 4 landfall.

✅ 155 mph landfall winds; 14 ft storm surge; 12 in rainfall max

✅ 1.6M without power; 30,000 restoring crews; 6 states emergency

✅ 325k ordered evacuations; 32 deaths; FEMA and Guard deployed

 

Hurricane Michael, a historic Category 4 storm, struck the Florida Panhandle early Wednesday afternoon, unleashing heavy rain, high winds and a devastating storm surge.

 

Here is a look at the dangerous storm by the numbers:

155 mph: Wind speed -- nearly the highest possible for a Category 4 hurricane -- with which Michael made landfall near Mexico Beach and Panama City. A hurricane with 157 mph or higher is a Category 5, the strongest on the Saffir-Simpson hurricane wind scale.

129 mph: Peak wind gust reported Wednesday at Tyndall Air Force Base, which is about 12 miles southeast of Panama City, Florida.

32: Number of storm-related deaths attributed to Michael thus far, including an 11-year-old girl who local officials say was killed when part of a metal carport crashed into her family's mobile home in Lake Seminole, Georgia, and a 38-year-old man who was killed when a tree fell onto his moving car in Statesville, North Carolina.

 

Waves take over a house as Hurricane Michael comes ashore in Alligator Point, Fla., Oct. 10, 2018.

14 feet: Maximum height forecast for the storm surge when Michael's strong winds pushed the ocean water onto land. A storm surge just over 9 feet was reported Wednesday in Apalachicola, Florida.

12 inches: Isolated maximum amount of rain that Michael was expected to dump across the Florida Panhandle and the state's Big Bend region, as well as in southeast Alabama and parts of southwest and central Georgia.

9 inches: Maximum amount of rain that Michael could bring to isolated areas from Virginia to North Carolina.

1.6 million: Number of homes and businesses without power in Florida, Alabama, Georgia, South Carolina, North Carolina and Virginia as of Friday morning, a reminder that extended outages can persist after major disasters.

30,000: Number of workers mobilized from across the country to help restore power, underscoring the risks of field repairs such as line crew injuries during recovery.

6: Number of states that had emergency declarations in anticipation of Michael: Florida, Alabama, Georgia, South Carolina, North Carolina and Virginia.

325,000: Estimated number of people in the storm's path who were told to evacuate by local authorities.

6,000: Approximate number of people who stayed in the roughly 80 shelters across Florida, Alabama, Georgia, South Carolina and North Carolina on Wednesday night, while those sheltering at home were urged to avoid overheated power strips that can spark fires.

3,000: Number of personnel the Federal Emergency Management Agency deployed ahead of landfall, while utilities prepared on-site staffing plans to maintain operations during widespread disruptions.

35: Number of counties in Florida, of the state's 67, where Gov. Rick Scott declared a state of emergency prior to landfall, and grid reliability warnings often underscore systemic risks during national emergencies.

3,500: Number of Florida National Guard troops activated for pre-landfall coordination and planning, with an emphasis on high water and search-and-rescue operations.

600: Number of Florida state troopers assigned to the Panhandle and Big Bend region to assist with response and recovery efforts, including public reminders about downed line safety in affected communities.

500: Number of disaster relief workers that the American Red Cross was sending to affected areas in the Sunshine State.

200: Approximate number of patients being evacuated from at least two hospitals in Florida due to damage from the hurricane, highlighting how critical facilities depend on staff who have raised workforce safety concerns during other crises. Bay Medical Center Sacred Heart in Panama City said in a statement Thursday that its facility was damaged during the storm and thus is transferring more than 200 patients, including 39 who are critically ill, to regional hospitals. Gulf Coast Regional Medical Center, also in Panama City, announced in a statement Thursday that it's evacuating its roughly approximately patients, starting with the most critically ill, "because of the infrastructure challenges in our community."

 

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Blizzard and Extreme Cold Hit Calgary and Alberta

Calgary Winter Storm and Extreme Cold delivers heavy snowfall, ECCC warnings, blowing snow, icy roads, and dangerous wind chill across southern Alberta, as a low-pressure system and northerly inflow fuel hazardous travel and frostbite risks.

 

Key Points

A severe Alberta storm with heavy snow, strong winds, ECCC warnings, dangerous wind chill, and high frostbite risk.

✅ ECCC extends snowfall and winter storm warnings regionwide.

✅ Wind chill -28 to -47; frostbite possible within 5-30 minutes.

✅ AMA rescues surge; non-essential travel strongly discouraged.

 

Calgary and much of southern Alberta faced a significant winter storm that brought heavy snowfall, strong winds, and dangerously low temperatures. Environment and Climate Change Canada (ECCC) issued extended and expanded snowfall and winter storm warnings as persistent precipitation streamed along the southern borders. The combination of a low-pressure system off the West Coast, where a B.C. 'bomb cyclone' had left tens of thousands without power, and a northerly inflow at the surface led to significant snow accumulations in a short period.

The storm resulted in poor driving conditions across much of southern Alberta, with snow-packed and icy roads, as well as limited visibility due to blowing snow. ECCC advised postponing non-essential travel until conditions improved. As of 10 a.m. on January 17, the 511 Alberta map showed poor driving conditions throughout the region, while B.C. electricity demand hit an all-time high amid the cold.

In Calgary, the city recorded four centimeters of snow on January 16, with an additional four centimeters expected on January 17. Temperatures remained far below seasonal averages until the end of the week, and Calgary electricity use tends to surge during such cold snaps according to Enmax, with improvements starting on Sunday.

The extreme cold posed significant risks, with wind chills of -28 to -39 capable of causing frostbite in 10 to 30 minutes, as a Quebec power demand record illustrated during the deep freeze. When wind chills dropped to -40 to -47, frostbite could occur in as little as five to 10 minutes. Residents were advised to watch for signs of frostbite, including color changes on fingers and toes, pain, numbness, tingling sensations, or swelling. Those most at risk included young children, older adults, people with chronic illnesses, individuals working or exercising outdoors, and those without proper shelter.

In response to the severe weather, the Alberta Motor Association (AMA) experienced a surge in calls for roadside assistance. Between January 12 and 14, there were approximately 32,000 calls, with about 22,000 of those requiring rescues between January 12 and 14. The high volume of requests led the AMA to temporarily cease providing wait time updates on their website due to the inability to provide accurate information, while debates over Alberta electricity prices also intensified during the cold.

The storm also had broader implications across Canada. Heavy snow was expected to fall across wide swaths of southern British Columbia and parts of southern Alberta, as BC Hydro's winter payment plan offered billing relief to customers during the stretch. Northern Alberta was under extreme cold warnings, with temperatures expected to dip to -40°C through the rest of the week. Similar extreme cold was forecast for southern Ontario, with wind chill values reaching -30°C.

As the storm progressed, conditions began to improve. The wind warning for central Alberta ended by January 17, though a blowing snow advisory remained in effect for the southeast corner of the province. Northwest winds gusting up to 90 km/h combined with falling snow continued to cause poor visibility in some areas, while California power outages and landslides were reported amid concurrent severe storms along the coast. Conditions were expected to improve by mid-morning.

In the aftermath of the storm, residents were reminded of the importance of preparedness and caution during severe winter weather. Staying informed through official weather advisories, adjusting travel plans, and taking necessary precautions can help mitigate the risks associated with such extreme conditions.

 

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Company Becomes UK's Second-Largest Electricity Operator

Second-Largest UK Grid Operator advancing electricity networks modernization, smart grid deployment, renewable integration, and resilient distribution, leveraging acquisitions, data analytics, and infrastructure upgrades to boost reliability, efficiency, and service quality across regions and energy sector.

 

Key Points

A growing electricity networks operator advancing smart grids, renewable integration, and reliability.

✅ Expanded via acquisitions and regional growth

✅ Investing in smart grid, data analytics, automation

✅ Enhancing reliability, resilience, renewable integration

 

In a significant shift within the UK’s energy sector, a major company has recently ascended to become the second-largest electricity networks operator in the country. This milestone marks a pivotal moment in the industry, reflecting ongoing changes and competitive dynamics in the energy landscape, such as the shift toward an independent system operator in Great Britain. The company's ascent underscores its growing influence and its role in shaping the future of energy distribution across the UK.

The company, whose identity is a result of strategic acquisitions and operational expansions, now holds a substantial position within the electricity networks sector. This new ranking is the result of a series of investments and strategic moves aimed at strengthening its network capabilities and, amid efforts to fast-track grid connections across the UK, expanding its geographical reach. By achieving this status, the company is set to play a crucial role in managing and maintaining the electricity infrastructure that serves millions of households and businesses across the UK.

The rise to the second-largest position follows a period of significant growth and transformation for the company. Recent acquisitions have enabled it to enhance its network infrastructure, integrate advanced technologies, adopting a more digital grid approach, and improve service delivery. These developments come at a time when the UK is undergoing a significant transition in its energy sector, driven by the need for modernization, sustainability, and resilience in response to evolving energy demands.

One of the key factors contributing to the company's new status is its focus on upgrading and expanding its electricity networks. Investments in modernizing infrastructure, such as the commissioning of a 2GW substation to boost capacity, incorporating smart grid technologies, and enhancing operational efficiencies have been central to its strategy. By leveraging cutting-edge technology and data analytics, the company is able to optimize network performance, reduce outages, and improve overall reliability.

The company’s expansion into new regions has also played a crucial role in its growth. By extending its network coverage, including assets like the London electricity tunnel that enhance supply routes, the company has been able to provide electricity to a larger customer base, increasing its market share and influence in the sector. This expansion not only enhances its position as a major player in the industry but also supports the broader goal of ensuring reliable and efficient electricity distribution across the UK.

The shift to becoming the second-largest operator also reflects broader trends in the UK energy sector. The industry is experiencing a period of consolidation and transformation, driven by regulatory changes, technological advancements, and the push towards decarbonization, with similar momentum seen in British Columbia's clean energy shift that underscores global trends. The company’s ascent is indicative of these broader dynamics, as firms adapt to new challenges and opportunities in a rapidly evolving market.

In addition to operational and strategic advancements, the company’s rise is aligned with the UK’s broader energy goals. The government has set ambitious targets for reducing carbon emissions and increasing the use of renewable energy sources. As a major electricity networks operator, the company is positioned to support these goals by integrating renewable energy into the grid, including projects like the Scotland-to-England subsea link that carry remote generation, enhancing energy efficiency, and contributing to the transition towards a low-carbon energy system.

The company’s new status also brings with it a range of responsibilities and opportunities. As one of the largest operators in the sector, it will have a significant role in shaping the future of electricity distribution in the UK. This includes addressing challenges such as grid reliability, energy security, and the integration of emerging technologies. The company’s ability to manage these responsibilities effectively will be crucial in ensuring that it continues to deliver value to customers and stakeholders.

The transition to becoming the second-largest operator is not without its challenges. The company will need to navigate a complex regulatory environment, manage stakeholder expectations, and address any operational issues that may arise from its expanded network. Additionally, the competitive nature of the energy sector means that the company will need to continuously innovate and adapt to maintain its position and drive further growth.

In summary, the company’s achievement of becoming the second-largest electricity networks operator in the UK represents a significant milestone in the energy sector. Through strategic acquisitions, infrastructure investments, and operational enhancements, the company has strengthened its position and expanded its reach. This development highlights the evolving landscape of the UK energy sector and underscores the importance of modernization and innovation in meeting the country’s energy needs. As the company moves forward, it will play a key role in shaping the future of electricity distribution and supporting the UK’s energy transition goals.

 

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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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