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FERC Grid Resiliency Pricing Opposition underscores industry groups, RTOs, and ISOs rejecting DOE's NOPR, warning against out-of-market subsidies for coal and nuclear, favoring competitive markets, reliability, and true grid resilience.

Key Points

Coalition urging FERC to reject DOE's NOPR subsidies, protecting reliability and competitive power markets.

✅ Industry groups, RTOs, ISOs oppose DOE NOPR

✅ PJM reports sufficient reliability and resilience

✅ Reject out-of-market aid to coal, nuclear

A diverse group of a dozen energy industry associations representing oil, natural gas, wind, solar, efficiency, and other energy technologies today submitted reply comments to the Federal Energy Regulatory Commission (FERC) continuing their opposition to the Department of Energy's (DOE) proposed rulemaking on grid resiliency pricing and electricity pricing changes within competitive markets, in the next step in this FERC proceeding.

Action by FERC, as lawmakers urge movement on aggregated DERs to modernize markets, is expected by December 11.

In these comments, this broad group of energy industry associations notes that most of the comments submitted initially by an unprecedented volume of filers, including grid operators whose markets would be impacted by the proposed rule, urged FERC not to adopt DOE'sproposed rule to provide out-of-market financial support to uneconomic coal and nuclear power plants in the wholesale electricity markets overseen by FERC.

Just a small set of interests - those that would benefit financially from discriminatory pricing that favors coal and nuclear plants - argued in favor of the rule put forward by DOE in its Notice of Proposed Rulemaking, or NOPR, as did coal and business interests in related regulatory debates. But even those interests - termed 'NOPR Beneficiaries' by the energy associations - failed to provide adequate justification for FERC to approve the rule, and their specific alternative proposals for implementing the bailout of these plants were just as flawed as the DOE plan, according to the energy industry associations.

'The joint comments filed today with partners across the energy spectrum reflect the overwhelming majority view that this proposed rulemaking by FERC is unprecedented and unwarranted, said Todd Foley, Senior Vice President, Policy & Government Affairs, American Council on Renewable Energy.

We're hopeful that FERC will rule against an anti-competitive distortion of the electricity marketplace and avoid new unnecessary initiatives that increase power prices for American consumers and businesses.'

In the new reply comments submitted in response to the initial comments filed by hundreds of stakeholders on or before October 23 - the energy industry associations made the following points: Despite hundreds of comments filed, no new information was brought forth to validate the assertion - by DOE or the NOPR Beneficiaries - that an emergency exists that requires accelerated action to prop up certain power plants that are failing in competitive electricity markets: 'The record in this proceeding, including the initial comments, does not support the discriminatory payments proposed' by DOE, state the industry groups.

Nearly all of the initial comments filed in the matter take issue with the DOE NOPR and its claim of imminent threats to the reliability and resilience of the electric power system, despite reports of coal and nuclear disruptions cited by some advocates: 'Of the hundreds of comments filed in response to the DOE NOPR, only a handful purported to provide substantive evidence in support of the proposal. In contrast, an overwhelming majority of initial comments agree that the DOE NOPR fails to substantiate its assertions of an immediate reliability or resiliency need related to the retirement of merchant coal-fired and nuclear generation.'

Grid operators filed comments refuting claims that the potential retirement of coal and nuclear plants which could not compete for economically present immediate or near-term challenges to grid management, even as a coal CEO criticism targeted federal decisions: 'Even the RTOs and ISOs themselves filed comments opposing the DOE NOPR, noting that the proposed cost-of-service payments to preferred generation would disrupt the competitive markets and are neither warranted nor justified.... Most notably, this includes PJM Interconnection, ... the RTO in which most of the units potentially eligible for payments under the DOE NOPR are located. PJM states that its region 'unquestionably is reliable, and its competitive markets have for years secured commitments from capacity resources that well exceed the target reserve margin established to meet [North American Electric Reliability Corp.] requirements.' And PJM analysis has confirmed that the region's generation portfolio is not only reliable, but also resilient.'

The need for NOPR Beneficiaries to offer alternative proposals reflects the weakness of DOE'srule as drafted, but their options for propping up uneconomic power plants are no better, practically or legally: 'Plans put forward by supporters of the power plant bailout 'acknowledge, at least implicitly, that the preferential payment structure proposed in the DOE NOPR is unclear, unworkable, or both. However, the alternatives offered by the NOPR Beneficiaries, are equally flawed both substantively and procedurally, extending well beyond the scope of the DOE NOPR.'

Citing one example, the energy groups note that the detailed plan put forward by utility FirstEnergy Service Co. would provide preferential payments far more costly than those now provided to individual power plants needed for immediate reasons (and given a 'reliability must run' contract, or RMR): 'Compensation provided under [FirstEnergy's proposal] would be significantly expanded beyond RMR precedent, going so far as to include bailing [a qualifying] unit out of debt based on an unsupported assertion that revenues are needed to ensure long-term operation.'

Calling the action FERC would be required to take in adopting the DOE proposal 'unprecedented,' the energy industry associations reiterate their opposition: 'While the undersigned support the goals of a reliable and resilient grid, adoption of ill-considered discriminatory payments contemplated in the DOE NOPR is not supportable - or even appropriate - from a legal or policy perspective.

About ACORE

The American Council on Renewable Energy (ACORE) is a national non-profit organization leading the transition to a renewable energy economy. With hundreds of member companies from across the spectrum of renewable energy technologies, consumers and investors, ACORE is uniquely positioned to promote the policies and financial structures essential to growth in the renewable energy sector. Our annual forums in Washington, D.C., New York and San Franciscoset the industry standard in providing important venues for key leaders to meet, discuss recent developments, and hear the latest from senior government officials and seasoned experts.

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U.S. Utility-Scale Solar Delays driven by the coronavirus pandemic threaten construction timelines, supply chains, and financing, with interconnection and commissioning setbacks, module sourcing risks in Southeast Asia, and tax credit deadline pressures impacting project delivery.

Key Points

Setbacks to large U.S. solar builds from COVID-19 impacting construction, supply, financing, and permitting.

✅ Construction, interconnection, commissioning site visits delayed

✅ Supply chain risks for modules from Southeast Asia

✅ Tax credit deadline extensions sought by developers

About 5 gigawatts (GW) of big U.S. solar energy projects, enough to power nearly 1 million homes, could suffer delays this year if construction is halted for months due to the coronavirus pandemic, as the Covid-19 crisis hits renewables across the sector, according to a report published on Wednesday.

The forecast, a worst-case scenario laid out in an analysis by energy research firm Wood Mackenzie, would amount to about a third of the utility-scale solar capacity expected to be installed in the United States this year, even as US solar and wind growth continues under favorable plans.

The report comes two weeks after the head of the top U.S. solar trade group called the coronavirus pandemic (as solar jobs decline nationwide) "a crisis here" for the industry. Solar and wind companies are pleading with Congress to extend deadlines for projects to qualify for sunsetting federal tax credits.

Even the firm’s best-case scenario would result in substantial delays, mirroring concerns that wind investments at risk across the industry. With up to four weeks of disruption, the outbreak will push out 2 GW of projects, or enough to power about 380,000 homes. Before factoring in the impact of the coronavirus, Wood Mackenzie had forecast 14.7 GW of utility-scale solar projects would be installed this year.

In its report, the firm said the projects are unlikely to be canceled outright. Rather, they will be pushed into the second half of 2020 or 2021. The analysis assumes that virus-related disruptions subside by the end of the third quarter.

Mid-stage projects that still have to secure financing and receive supplies are at the highest risk, Wood Mackenzie analyst Colin Smith said in an interview, adding that it was too soon to know whether the pandemic would end up altering long-term electricity demand and therefore utility procurement plans, where policy shifts such as an ITC extension could reshape priorities.

Currently, restricted travel is the most likely cause of project delays, the report said. Developers expect delays in physical site visits for interconnection and commissioning, and workers have had difficulty reaching remote construction sites.

For earlier-stage projects, municipal offices that process permits are closed and in-person meetings between developers and landowners or local officials have slowed down.

Most solar construction is proceeding despite stay at home orders in many states because it is considered critical infrastructure, and long-term proposals like a tenfold increase in solar could reshape the outlook, the report said, adding that “that could change with time.”

Risks to supplies of solar modules include potential manufacturing shutdowns in key producing nations in Southeast Asia such as Malaysia, Vietnam and Thailand. Thus far, solar module production has been identified as an essential business and has been allowed to continue.

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India Coal Power PLF rose as capacity utilisation improved on rising peak demand and hydropower shortfall; thermal plants lifted plant load factor, IPPs lagged, and generation beat program targets amid weak rainfall and slower snowmelt.

Key Points

Coal plant load factor in India rose in May on higher demand and weak hydropower, with generation beating targets.

✅ PLF rose to 65.3% as demand climbed

✅ Hydel generation fell 14% YoY on poor rainfall

✅ IPP PLF at 57.8%, below 60% debt comfort

Capacity utilisation levels of coal-based power plants improved in May because of a surge in electricity demand and lower generation from hydroelectric sources. The plant load factor (PLF) of thermal power plants went up to 65.3% in the month, 1.7 percentage points higher than the year-ago period.

While PLFs of central and state government-owned plants were 75.5% and 64.5%, respectively, the same for independent power producers (IPPs) stood at 57.8%, even as coal and electricity shortages eased across the market. Though PLFs of IPPs were higher than May 2017 levels, it failed to cross the 60% mark, which eases debt servicing capabilities of power generation assets.

Thermal power plants generated 96,580 million units (MU) in May, 4% more than the programme set for the month and 5.2% higher than last year, partly supported by higher imported coal volumes in the market. On the other hand, hydel plants produced 10,638 MU, 10% lower than the target, reflecting a 14% decline from last year.

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Peak demand of power on the last day of the month was 1,62,132 MW, 4.3% higher than the demand registered in the same day a year ago, underscoring India's position as the third-largest electricity producer globally.

According to sources, hydropower plants have been generating lesser than expected electricity due to inadequate rainfall and snow melting at a slower pace than previous years, even as the US reported a power generation jump year on year. Data for power generation from renewable sources have not been made available yet.

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IAEA Nuclear Security Mission in China reviews regulatory frameworks, physical protection, and compliance at nuclear power plants, endorsing CAEA efforts, IPPAS guidance, and capacity building to strengthen safeguards, risk management, and global cooperation.

Key Points

An IAEA advisory visit assessing China's nuclear security, physical protection, and regulatory frameworks.

✅ Reviews laws, regulations, and physical protection measures

✅ Endorses CAEA, COE, and IPPAS-aligned best practices

✅ Recommends accelerated rulemaking for expanding reactors

The International Atomic Energy Agency commended China's efforts and accomplishments in nuclear security after conducting its first nuclear security advisory mission to the nation, according to the China Atomic Energy Authority.

The two-week International Physical Protection Advisory Service mission, from Aug 28to Saturday, reviewed the legislative and regulatory framework for nuclear security as well as the physical protection of nuclear material and facilities, including worker safety protocols during health emergencies.

An eight-member expert team led by Joseph Sandoval of the United States' Sandia National Laboratories visited Fangjiashan Nuclear Power Plant, part of the Qinshan Nuclear Power Station in Zhejiang province, to examine security arrangements and observe physical protection measures, where recognized safety culture practices can reinforce performance.

The experts also met with officials from several Chinese government bodies involved in nuclear security such as the China Atomic Energy Authority, National Nuclear Safety Administration and Ministry of Public Security.

The international agency has carried out 78 of the protection missions in 48 member states since 1995. This was the first in China, it said.

The China Atomic Energy Authority said on Tuesday that a report by the experts highly approves of the Chinese government's continuous efforts to strengthen nuclear safety, to boost the sustainable development of the nuclear power industry and to help establish a global nuclear security system.

The report identifies the positive roles played by the State Nuclear Security Technology Center and its subsidiary, the Center of Excellence on Nuclear Security, in enhancing China's nuclear security capability and supporting regional and global cooperation in the field, such as bilateral cooperation agreements that advance research and standards, officials at the China Atomic Energy Authority said.

"A strong commitment to nuclear security is a must for any state that uses nuclear power for electricity generation and that is planning to significantly expand this capacity by constructing new power reactors," said Muhammad Khaliq, head of the international agency's nuclear security of materials and facilities section. "China'sexample in applying IAEA nuclear security guidance and using IAEA advisory services demonstrates its strong commitment to nuclear security and its enhancement worldwide."

The report notes that along with the rapid growth of China's nuclear power sector, challenges have emerged when it comes to the country's nuclear security mechanism and management, as highlighted by grid reliability warnings during pandemics in other markets.

It suggests that the Chinese government accelerate the making of laws and regulations to better govern this sector.

Deng Ge, director of the State Nuclear Security Technology Center, said the IAEAmission would help China strengthen its nuclear security since the nation could learn from other countries' successful experience, including on-site staffing measures to maintain critical operations, and find out its weaknesses for rectification.

Deng added that the mission's report can help the international community understand China's contributions to the global nuclear security system and also offer China's best practices to other nations.

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Commercial Electric Tariffs explain utility rate structures, peak demand charges, kWh vs kW pricing, time-of-use periods, voltage, delivery, capacity ratchets, and riders, guiding facility managers in tariff analysis for accurate energy savings.

Key Points

Commercial electric tariffs define utility pricing for energy, demand, delivery, time-of-use periods, riders, and ratchet charges.

✅ Separate kWh charges from kW peak demand fees.

✅ Verify time-of-use windows and demand interval length.

✅ Review riders, capacity ratchets, and minimum demand clauses.

Especially during these tough economic times, as major changes to electric bills are debated in some states, facility executives who don’t understand how their power is priced have been disappointed when their energy projects failed to produce expected dollar savings. Here’s how not to be one of them.

Your electric rate is spelled out in a document called a “tariff” that can be downloaded from your utility’s web page. A tariff should clearly spell out the costs for each component that is part of your rate, reflecting cost allocation practices in your region. Don’t be surprised to learn that it contains a bunch of them. Unlike residential electric rates, commercial electric bills are not based solely on the quantity of kilowatt-hours (kWh) consumed in a billing period (in the United States, that’s a month). Instead, different rates may apply to how your power is supplied, how it is delivered via electricity delivery charges, when it was consumed, its voltage, how fast it was used (in kW), and other factors.

If a tariff’s lingo and word structure are too opaque, spend some time with a utility account rep to translate it. Many state utility commissions also have customer advocates that may assist as they explore new utility rate designs that affect customers. Alternatively, for a fee, facility managers can privately chat with an energy consultant.

Common mistakes

Many facility managers try to estimate savings based on an averaged electric rate, i.e., annual electric spend divided by annual kWh. However, in markets where electricity demand is flat, such a number may obscure the fastest rising cost component: monthly peak demand charges, measured in dollars per kW (or kilo-volt-amperes, kVA).

This charge is like a monthly speeding ticket, based solely on the highest speed you drove during that time. In some areas, peak demand charges now account for 30 to 60 percent of a facility’s annual electric spend. When projecting energy cost savings, failing to separately account for kW peak demand and kWh consumption may result in erroneous results, and a lot of questions from the C-suite.

How peak demand charges are calculated varies among utilities. Some base it on the highest average speed of use across one hour in a month, while others may use the highest average speed during a 15- or 30-minute period. Others may average several of the highest speeds within a defined time period (for example, 8 a.m. to 6 p.m. on weekdays). It is whatever your tariff says it is.

Because some power-consuming (or producing) devices, including those tied to smart home electricity networks, vary in their operation or abilities, they may save money on a few — but not all — of those rate components. If an equipment vendor calculates savings from its product by using an average electric rate, take pause. Tell the vendor to return after the proposal has been redone using tariff-based numbers.

When a vendor is the only person calculating potential savings from using a product, there’s also a built-in conflict of interest: The person profiting from an equipment sale should not also be the one calculating its expected financial return. Before signing any energy project contracts, it’s essential that someone independent of the deal reviews projected savings. That person (typically an energy or engineering consultant) should be quite familiar with your facility’s electric tariff, including any special provisions, riders, discounts, etc., that may pertain. When this doesn’t happen, savings often don’t occur as planned. 

For example, some utilities add another form of demand charge, based on the highest kW in a year. It has various names: capacity, contract demand, or the generic term “ratchet charge.” Some utilities also have a minimum ratchet charge which may be based on a percent of a facility’s annual kW peak. It ensures collection of sufficient utility revenue to cover the cost of installed transmission and distribution even when a customer significantly cuts its peak demand.

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EU Electricity Price Limits are proposed by the European Commission to curb contagion from gas prices, bolster energy security, stabilize the power market, and manage inflation via LNG imports, gas storage, and reduced demand.

Key Points

Temporary power-price caps to curb gas contagion, shield consumers, and bolster EU energy security.

✅ Limits decouple electricity from volatile gas benchmarks

✅ Short-term LNG imports and storage to enhance supply security

✅ Market design reforms and demand reduction to tame prices

The European Union should consider emergency measures in the coming weeks that could include price cap strategies on electricity prices, European Commission President Ursula von der Leyen told leaders at an EU summit in Versailles.

The reference to the possible measures was contained in a slide deck Ms. von der Leyen used to discuss efforts to curb the EU’s reliance on Russian energy imports, which last year accounted for about 40% of its natural-gas consumption. The slides were posted to Ms. von der Leyen’s Twitter account.

Russia’s invasion of Ukraine has highlighted the vulnerability of Europe’s energy supplies to severe supply disruptions and raised fears that imports could be cut off by Moscow or because of damage to pipelines that run across Ukraine. It has also driven energy prices up sharply, contributing to worries about inflation and economic growth.

Earlier this week, the European Commission, the EU’s executive arm, published the outline of a plan that it said could cut imports of Russian natural gas by two-thirds this year and end the need for those imports entirely before 2030, aligning with calls to ditch fossil fuels in Europe. In the short-term, the plan relies largely on storing natural gas ahead of next winter’s heating season, reducing consumption and boosting imports of liquefied natural gas from other producers.

The Commission acknowledged in its report that high energy prices are rippling through the economy, even as European gas prices have fallen back toward pre-war levels, raising manufacturing costs for energy-intensive businesses and putting pressure on low-income households. It said it would consult “as a matter of urgency” and propose options for dealing with high prices.

The slide deck used by Ms. von der Leyen on Thursday said the Commission plans by the end of March to present emergency options “to limit the contagion effect of gas prices in electricity prices, including temporary price limits, even though rolling back electricity prices can be complex under current market rules.” It also intends this month to set up a task force to prepare for next winter and a proposal for a gas storage policy.

By mid-May, the Commission will set out options to revamp the electricity market and issue a proposal for phasing out EU dependency on Russian fossil fuels by 2027, according to the slides.

French President Emmanuel Macron said Thursday that Europe needs to protect its citizens and companies from the increase in energy prices, adding that some countries, including France, have already taken some national measures.

“If this lasts, we will need to have a more long-lasting European mechanism,” he said. “We will give a mandate to the Commission so that by the end of the month we can get all the necessary legislation ready.”

The problem with price limits is that they reduce the incentive for people and businesses to consume less, said Daniel Gros, distinguished fellow at the Centre for European Policy Studies, a Brussels think tank. He said low-income families and perhaps some businesses will need help dealing with high prices, but that should come as a lump-sum payment that isn’t tied to how much energy they are consuming.

“The key will be to let the price signal work,” Mr. Gros said in a paper published this week, which argued that high energy prices could result in lower demand in Europe and Asia, reducing the need for Russian natural gas. “Energy must be expensive so that people save energy,” he said.

Ms. von der Leyen’s slides suggest the EU hopes to replace 60 billion cubic meters of Russian gas with alternative suppliers, including suppliers of liquefied natural gas, by the end of this year. Another 27 billion cubic meters could be replaced through a combination of hydrogen and EU production of biomethane, according to the slide deck.

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