Audit finds flaws in Energy Star program

By New York Times


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The Energy Department has concluded in an internal audit that it does not properly track whether manufacturers that give their appliances an Energy Star label have met the required specifications for energy efficiency.

Some manufacturers could therefore be putting the stickers on unqualified products, according to the audit, by the Energy DepartmentÂ’s inspector general, Gregory H. Friedman.

The Energy Star program, jointly managed by the Energy Department and the Environmental Protection Agency, has benefited from a renewed emphasis by the Obama administration, as a mechanism for reducing the waste of energy and curbing resulting greenhouse gas emissions. Under the federal stimulus bill, $300 million will go to rebates for consumers who buy Energy Star products.

Some consumers choose energy-efficient appliances for the same reason they might choose a car with good fuel economy: to save money or reduce the environmental impact.

Teams from the Energy Department and the E.P.A. oversee different categories of products. Last December, the environmental agency’s inspector general said the Energy Star ratings for products it oversees, like computers and television sets, were “not accurate or verifiable” because of weak oversight by the agency.

The Energy Department vowed then to scrutinize its performance in evaluating the products that it oversees, like windows, dishwashers, washing machines and refrigerators.

The new audit, a copy of which was obtained by The New York Times, indicates that the Energy Department has also fallen far short. Those shortcomings “could reduce consumer confidence in the integrity of the Energy Star label,” according to the department’s inspector general. The audit is to be submitted to Energy Secretary Steven Chu.

While the Energy Department requires manufacturers of windows and L.E.D. and fluorescent lighting to have independent laboratories evaluate their products, the report said, companies that make refrigerators, washing machines, dishwashers, water heaters and room air-conditioners, which consume far more energy, can certify those appliances themselves.

One refrigerator manufacturer tipped off the Energy Department that some models from a competitor that carried the Energy Star label did not meet the criteria, the audit said. That problem was also described by Consumer Reports magazine in October 2008 about tests it had conducted. In a settlement last year, the manufacturer, LG of South Korea, agreed to modify circuit boards in the machines already sold, to reduce their consumption and to compensate consumers for the extra power consumed.

The report also noted that while the government said in 2007 that it would conduct “retail assessments” to ensure that all the products carrying the Energy Star logo deserved them, it is still not doing so for windows, doors, skylights, water heaters and solid-state lighting. And the department is not following through to ensure that when inappropriately labeled products are identified, the labels are actually taken off, the audit said.

In one category, compact fluorescent lights, the government has certified nearly all existing products, the audit said. “When 90 percent of the products qualify, the consumer cannot easily judge the relative efficiencies of C.F.L. products,” the report said.

Jen Stutsman, an Energy Department spokeswoman, cited the recent agreement with the E.P.A., and said, “The Obama administration is strongly committed to ensuring that all Energy Star products provide American consumers with significant energy and cost savings, and has moved forward with steps to streamline and enhance the program.”

An outside expert, Lane Burt, the manager of building energy policy at the Natural Resources Defense Council, said some of the criticisms were justified.

“It’s been a tremendously successful program,” Mr. Burt said. “It’s grown by leaps and bounds, and any time you have that kind of growth, you’re going to have growing pains.”

Nonetheless, he said, “it’s crucial to make sure consumers are actually saving money and energy when buying an Energy Star appliance.” On September 30, the Energy Department and the E.P.A. signed a memorandum of understanding that seeks to address some of the shortcomings detailed in the report.

Mr. Burt said the memorandum committed both agencies to having all of their products evaluated by certified independent laboratories, and to expand the Energy Star program to cover products that were not in common use when it began in 1996. No target date was set.

The memorandum called for a “super star” program within Energy Star to identify the top-performing 5 percent of products, ranked by efficiency, he said.

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California Public Utilities Commission sides with community energy program over SDG&E

CPUC Decision on San Diego Community Power directs SDG&E to use updated forecasts, stabilizing electricity rates for CCA customers and supporting clean energy in San Diego with accurate rate forecasting and reduced volatility.

 

Key Points

A CPUC ruling directing SDG&E to use updated forecasts to ensure accurate, stable CCA rates and limit volatility.

✅ Uses 2021 sales forecasts for rate setting

✅ Aims to prevent undercollection and bill spikes

✅ Levels changes across customer classes

 

The California Public Utilities Commission on Thursday sided with the soon-to-launch San Diego community energy program in a dispute it had with San Diego Gas & Electric.

San Diego Community Power — which will begin to purchase power for customers in San Diego, Chula Vista, La Mesa, Encinitas and Imperial Beach later this year — had complained to the commission that data SDG&E intended to use to calculate rates, including community choice exit fees that could make the new energy program less attractive to prospective customers.

SDG&E argued it was using numbers it was authorized to employ as part of a general rate case amid a potential rate structure revamp that is still being considered by the commission.

But in a 4-0 vote, the commission, or CPUC, sided with San Diego Community Power and directed SDG&E to use an updated forecast for energy sales.

"This was not an easy decision," said CPUC president Marybel Batjer at the meeting, held remotely due to COVID-19 restrictions. "In my mind, this outcome best accounts for the shifting realities ... in the San Diego area while minimizing the impact on ratepayers during these difficult financial times."

In filings to the commission, SDG&E predicted a rate decrease of 12.35 percent in the coming year. While that appears to be good news for customers, Californians still face soaring electricity prices statewide, Commissioner Martha Guzman Aceves said the data set SDG&E wanted to use would lead to an undercollection of $150 million to $260 million.

That would result in rates that would be "artificially low," Guzman Aceves said, and rates "would inevitably go up quite a bit after the undercollection was addressed."

San Diego Community Power, or SDCP, said the temporary reduction would make its rates less attractive than SDG&E's, especially amid SDG&E's minimum charge proposal affecting low-usage customers, just as it is about to begin serving customers. SDCP's board members wrote an open letter last month to the commission, accusing the utility of "willful manipulation of data."

Working with an administrative law judge at the CPUC, Guzman Aceves authored a proposal requiring SDG&E to use numbers based on 2021 forecasts, as regulators simultaneously weigh whether the state needs more power plants to ensure reliability. The utility argued that could result in an increase of "roughly 40 percent" for medium and large commercial and industrial customers this year.

To help reduce potential volatility, Guzman Aceves, SDCP and other community energy supporters called for using a formula that would average out changes in rates across customer classes amid debates over income-based utility charges statewide. That's what the commissioners OK'd Thursday.

"It is essential that customer commodity rates be as accurate as we can possibly get them to avoid undercollections," said Commissioner Genevieve Shiroma.

San Diego Community Power is one of 23 community choice aggregation, or CCA, energy programs that have launched in California in the past decade.

CCAs compete with traditional power companies amid California's evolving power competition landscape, in one important role — purchasing power for a given community. They were created to boost the use of cleaner energy sources, such as wind and solar, at rates equal to or lower than investor-owned utilities.

However, CCAs do not replace utilities because the incumbent power companies still perform all of the tasks outside of power purchasing, such as transmission and distribution of energy and customer billing.

When a CCA is formed, California rules stipulate the utility customers in that area are automatically enrolled in the CCA. If customers prefer to stay with their previous power company, they can opt out of joining the CCA.

The shift of customers from SDG&E to San Diego Community Power is expected to be large. The total number of accounts for SDCP is expected to be 770,000, which would make it the second-largest CCA in the state. That's why SDCP considered Thursday's CPUC decision to be so important.

"At a time when customers are choosing between sticking with San Diego Gas & Electric and migrating to a CCA, we want them to have accurate bill information," said Commissioner Clifford Rechtschaffen.

"SDCP is very happy with today's CPUC decision, and that the commissioners shared our goal of limiting rate volatility for businesses and families in the region," said SDCP interim CEO Bill Carnahan. "This is definitely a win for accurate rate forecasting, and our mutual customers, and we look forward to working with SDG&E on next steps."

In an email, SDG&E spokeswoman Helen Gao said, "We are committed to continuing to work collaboratively with local Community Choice Aggregation programs to support their successful launch in 2021 and ensure that our mutual customers receive excellent customer service."

San Diego Community Power's case before the CPUC was joined by the California Community Choice Association, a trade group advocating for CCAs, and the Clean Energy Alliance — the North County-based CCA representing Del Mar, Solana Beach and Carlsbad that is scheduled to launch this summer.

SDCP will begin its rollout this year, folding in about 71,000 municipal, commercial and industrial accounts. The bulk of its roughly 700,000 residential accounts is expected to come in January 2022.

 

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Pandemic has already cost Hydro-Québec $130 million, CEO says

Hydro-Que9bec 2020 Profit Outlook faces COVID-19 headwinds as revenue drops, U.S. Northeast export demand weakens, and clean-energy infrastructure plans shift toward domestic investments, energy efficiency, EV charging stations, and grid upgrades to stabilize net income.

 

Key Points

A forecast of COVID-19 revenue declines, weaker U.S. exports, and a shift to energy efficiency and grid upgrades.

✅ Q1 profit fell 14%; net income $1.53B vs $1.77B

✅ Exports to U.S. Northeast weaker; revenue off ~$130M Mar-Jun

✅ Strategy: energy efficiency, EV charging, grid, dam upgrades

 

Hydro-Québec expects the coronavirus pandemic to chop “hundreds of millions of dollars” off 2020 profits, its new chief executive officer said.

COVID-19 has depressed revenue by about $130 million between March and June, Sophie Brochu said Monday, as residential electricity use rose even while overall consumption dropped. Shrinking electricity exports to the U.S. northeast are poised to compound the shortfall, she said.

“What we’re living through is not small. The impacts are real,” Brochu said on a conference call with reporters, noting that utilities such as Hydro One supported Ontario's COVID-19 response at the height of the pandemic. “I’m not talking about a billion. I’m talking about hundreds of millions. We have no idea how quickly the economy will restart. As we approach the fall we will have a better view.”

Hydro-Québec last month reported a 14-per-cent drop in first-quarter profit and warned full-year results would fall short of targets as the COVID-19 crisis weighs on power demand. Net income in the quarter was $1.53 billion compared with $1.77 billion a year ago, the company said.

Canada’s biggest electricity producer had earlier been targeting 2020 profit of between $2.8 billion and $3 billion, according to its current strategic plan and corporate structure currently in place.

The first quarter was the utility’s last under former CEO Eric Martel, who left to take over at jetmaker Bombardier Inc. Brochu, who previously ran Énergir, replaced him April 6.

To boost exports over time, Brochu said Hydro-Québec will look to strengthen ties with neighbours such as Ontario, where the Hydro One CEO is working to repair relations with government and investors, and the U.S. The CEO said she’s heartened by New York Governor Andrew Cuomo’s call last month for new power lines from Canada and upstate to promote clean energy.

“This is a clear, encouraging signal that must express itself through very concrete negotiations,” she said. “The United States is our backyard. This is true for Ontario, where key system staff lockdowns were even contemplated, and the Atlantic provinces as well. This is our ecosystem, and we intend to build on our footprint, on the relationships that we have.”

Though stricter environmental hurdles make it more complicated to get power lines built today than a decade ago, the CEO insists it’s still possible to sell electricity to neighbouring U.S. states.

“Is it more difficult today to build energy projects? The answer is yes,” she said. “Does this clog up the U.S. northeast market? Not at all. I believe this federation of ecosystems is very promising.”

In the meantime, Hydro-Québec is planning to speed up investments at home — for example, by building new charging stations that will be needed to serve a growing fleet of electric cars. The utility will also upgrade some of its Montreal-area facilities, as well as its massive dams on the Manicouagan River, Brochu said. The investments will result in additional capacity.

“Today we need to put water in the pump of Quebec, so we will concentrate our human and financial efforts here,” she said. “We are needed in Quebec.” 

Hydro-Québec is stepping up efforts to promote energy efficiency among its customer base, amid retroactive billing concerns, which Brochu said could postpone the need to build large dams.

“We have to move towards ‘no-regret moves.’ What’s a no-regret move? It’s energy efficiency,” Brochu said earlier Monday during a presentation to the Chamber of Commerce of Metropolitan Montreal, noting that Ontario debated peak rate relief for self-isolating customers. “This is healthy, it’s fundamental and it will contribute to Quebec’s economic rebound by lowering energy costs.”

Brochu also pledged to build a more diverse workforce after the company said last week that 8.2 per cent of staff belong to “visible and ethnic” minorities.

“This can be improved on,” she said. “What I’m expressing today is my determination, and that of the management team, to move the needle.”

 

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Building begins on facility linking Canada hydropower to NYC

Champlain Hudson Power Express Converter Station brings Canadian hydropower via HVDC to Queens, converting 1,250 MW to AC for New York City's grid, replacing a retired fossil site with a zero-emission, grid-scale clean energy hub.

 

Key Points

A Queens converter turning 1,250 MW HVDC hydropower into AC for NYC's grid, repurposing an Astoria fossil site.

✅ 340-mile underwater/underground HVDC link from Quebec to Queens

✅ 1,250 MW DC-AC conversion feeding directly into NY grid by 2026

✅ Replaces Astoria oil site; supports NY's 70% renewables by 2030

 

New York Governor Kathy Hochul has announced the start of construction on the converter station of the Champlain Hudson Power Express transmission line, a project to bring electricity generated from Canadian hydropower to New York City.

The 340 mile (547 km) transmission line is a proposed underwater and underground high-voltage direct current power transmission line to deliver the power from Quebec, Canada, to Queens, New York City. The project is being developed by Montreal-based public utility Hydro-Quebec (QBEC.UL) and its U.S. partner Transmission Developers, while neighboring New Brunswick has signed NB Power deals to bring more Quebec electricity into the province.

The converter station for the line will be the first-ever transformation of a fossil fuel site into a grid-scale zero-emission facility in New York City, its backers say.

Workers have already removed six tanks that previously stored 12 million gallons (45.4 million liters) of heavy oil for burning in power plants and nearly four miles (6.44 km) of piping from the site in the Astoria, Queens neighborhood, echoing Hydro-Quebec's push to wean the province off fossil fuels as regional power systems decarbonize.

The facility is expected to begin operating in 2026, even as the Ontario-Quebec power deal was not renewed elsewhere in the region. Once the construction is completed, it will convert 1,250 megawatts of energy from direct current to alternating current power that will be fed directly into the state's power grid, helping address transmission constraints that have impeded incremental Quebec-to-U.S. power deliveries.

“Renewable energy plays a critical role in the transformation of our power grid while creating a cleaner environment for our future generations,” Hochul said. The converter station is a step towards New York’s target for 70% of the state’s electricity to come from renewable sources by 2030, as neighboring Quebec has closed the door on nuclear power and continues to lean on hydropower.

 

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China's Data Centers Alone Will Soon Use More Electricity Than All Of Australia

Cloud Data Centers Environmental Impact highlights massive electricity use, carbon emissions, and cooling demands, with coal-heavy grids in China; big tech shifts to renewable energy, green data centers, and cooler climates to boost sustainability.

 

Key Points

Energy use, emissions, and cooling load of cloud systems, and shifts to renewables to reduce climate impact.

✅ Global data centers use 3-5% of electricity, akin to airlines

✅ Cooling drives energy demand; siting in cool climates saves power

✅ Shift from coal to renewables lowers CO2 and improves PUE

 

A hidden environmental price makes storing data in the cloud a costly convenience.

Between 3 to 5% of all electricity used globally comes from data centers that house massive computer systems, with computing power forecasts warning consumption could climb, an amount comparable to the airline industry, says Ben Brock Johnson, Here & Now’s tech analyst.

Instead of stashing information locally on our own personal devices, the cloud allows users to free up storage space by sending photos and files to data centers via the internet.

The cloud can also use large data sets to solve problems and host innovative technologies that make cities and homes smarter, but storing information at data centers uses energy — a lot of it.

"Ironically, the phrase 'moving everything to the cloud' is a problem for our actual climate right now," Johnson says.

A new study from Greenpeace and North China Electric Power University reports that in five years, China's data centers alone will consume as much power as the total amount used in Australia in 2018. The industry's electricity consumption is set to increase by 66% over that time.

Buildings storing data produced 99 million metric tons of carbon last year in China, the study finds, with SF6 in electrical equipment compounding warming impacts, which is equivalent to 21 million cars.

The amount of electricity required to run a data center is a global problem, but in China, 73% of these data centers run on coal, even as coal-fired electricity is projected to fall globally this year.

The Chinese government started a pilot program for green data centers in 2015, which Johnson says signals the country is thinking about the environmental consequences of the cloud.

"Beijing’s environmental awareness in the last decade has really come from a visible impact of its reliance on fossil fuels," he says. "The smog of Chinese cities is now legendary and super dangerous."

The country's solar power innovations have allowed the country to surpass the U.S. in cleantech, he says.

Chinese conglomerate Alibaba Group has launched data centers powered by solar and hydroelectric power.

"While I don't know how committed the government is necessarily to making data centers run on clean technology," Johnson says. "I do think it is possible that a larger evolution of the government's feelings on environmental responsibility might impact this newer tech sector."

In the U.S., there has been a big push to make data centers more sustainable amid warnings that the electric grid is not designed for mounting climate impacts.

Canada has made notable progress decarbonizing power, with nationwide electricity gains supporting cleaner data workloads.

Apple now says all of its data centers use clean energy. Microsoft is aiming for 70% renewable energy by 2023, aligning with declining power-sector emissions as producers move away from coal.

Amazon is behind the curve, for once, with about 50%, Johnson says. Around 1,000 employees are planning to walk out on Sept. 20 in protest of the company’s failure to address environmental issues.

"Environmental responsibility fits the brand identities these companies want to project," he says. "And as large tech companies become more competitive with each other, as Apple becomes more of a service company and Google becomes a device company, they want to convince users more and more to think of them as somehow different even if they aren't."

Google and Facebook are talking about building data centers in cooler places like Finland and Sweden instead of hot deserts like Nevada, he says.

In Canada, cleaning up electricity is critical to meeting climate pledges, according to recent analysis.

Computer systems heat up and need to be cooled down by air conditioning units, so putting a data center in a warm climate will require greater cooling efforts and use more energy.

In China, 40% of the electricity used at data centers goes toward cooling equipment, according to the study.

The more data centers consolidate, Johnson says they can rely on fewer servers and focus on larger cooling efforts.

But storing data in the cloud isn't the only way tech users are unknowingly using large amounts of energy: One Google search requires an amount of electricity equivalent to powering a 60-watt light bulb for 17 seconds, magazine Yale Environment 360 reports.

"In some ways, we're making strides even as we are creating a bigger problem," he says. "Which is like, humanity's MO, I guess."

 

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Ontario's electric debacle: Liberal leadership candidates on how they'd fix power

Ontario Electricity Policy debates rates, subsidies, renewables, nuclear baseload, and Quebec hydro imports, highlighting grid transmission limits, community consultation, conservation, and the province's energy mix after cancelled wind projects and rising costs to taxpayers.

 

Key Points

Ontario Electricity Policy guides rates, generation, grid planning, subsidies and imports for reliable, low-cost power.

✅ Focuses on rates, subsidies, and consumer affordability

✅ Balances nuclear baseload, renewables, and Quebec hydro imports

✅ Emphasizes grid transmission, consultation, and conservation

 

When Kathleen Wynne’s Liberals went down to defeat at the hands of Doug Ford and the Progressive Conservatives, Ontario electricity had a lot to do with it. That was in 2018. Now, two years later, Ford’s government has electricity issues of its own, including a new stance on wind power that continues to draw scrutiny.

Electricity is politically fraught in Ontario. It’s among the most expensive in Canada. And it has been mismanaged at least as far back as nuclear energy cost overruns starting in the 1980s.

From the start Wynne’s government was tainted by the gas plant scandal of her predecessor Dalton McGuinty and then she created her own with the botched roll-out of her green energy plan. And that helped Ford get elected promising to lower electricity prices. But, rates haven’t gone down under Ford while the cost to the government coffers for subsidizing them have soared - now costing $5.6 billion a year.

Meanwhile, Ford’s government has spent at least $230 million to tear up green energy contracts signed by the former Liberal government, including two wind-farm projects that were already mid-construction.

Lessons learned?
In the final part of a three-part series, the six candidates vying to become the next leader of the Ontario Liberals discuss the province's electricity system, including the lessons learned from the prior Liberal government's botched attempts to fix it that led to widespread local opposition to a string of wind power projects, and whether they'd agree to import more hydroelectricity from Quebec.

“We had the right idea but didn’t stick the landing,” said Steven Del Duca, a member of the former Wynne government who lost his Vaughan-area seat in 2018, referring to its green-energy plan. “We need to make sure that we work more collaboratively with local communities to gain the buy-in needed to be successful in this regard.”

“Consultation and listening is key,” agreed Mitzie Hunter, who was education minister under Kathleen Wynne and in 2018 retained her seat in the legislature representing Scarborough-Guildwood. “We must seek input from community members about investments locally,” she said. “Inviting experts in to advise on major policy is also important to make evidence-based decisions."

Michael Coteau, MPP for Don Valley East and the third leadership candidate who was a member of the former government, called for “a new relationship of respect and collaboration with municipalities.”

He said there is an “important balance to be achieved between pursuing province wide objectives for green-energy initiatives and recognizing and reflecting unique local conditions and circumstances.”

Kate Graham, who has worked in municipal public service and has not held a provincial public office, said that experts and local communities are best placed to shape decisions in the sector.

In the final part of a three-part series, Ontario's Liberal leadership contenders discuss electricity, lessons learned from the bungled rollout of previous Liberal green policy, and whether to lean more on Quebec's hydroelectricity.
“What's gotten Ontario in trouble in the past is when Queen's Park politicians are the ones micromanaging the electricity file,” she said.

“Community consultation is vitally important to the long-term success of infrastructure projects,” said Alvin Tedjo, a former policy adviser to Liberal ministers Brad Duguid and Glen Murray.

“Community voices must be heard and listened to when large-scale energy programs are going to be implemented,” agreed Brenda Hollingsworth, a personal injury lawyer making her first foray into politics.

Of the six candidates, only Coteau went beyond reflection to suggest a path forward, saying he would review the distribution of responsibilities between the province and municipalities, with the aim of empowering cities and towns.

Turn back to Quebec?
Ford’s government has also turned away from a deal signed in 2016 to import hydroelectricity from Quebec.

Graham and Hunter both said they would consider increasing such imports. Hunter noted that the deal, which would displace domestic natural gas production, will lower the cost of electricity paid by Ontario ratepayers by a net total of $38 million from 2017 to 2023, according to the province’s fiscal watchdog.

“I am open to working with our neighbouring province,” Hunter said. “This is especially important as we seek to bring electricity to remote northern, on-reserve Indigenous communities.”

Tedjo said he has no issues with importing clean energy as long as it’s at a fair price.

Hollingsworth and Coteau both said they would withhold judgment until they could see the province’s capacity status in 2022.

“In evaluating the case for increasing importation of water power from Quebec, we must realistically assess the limitations of the existing transmission system and the cost and time required to scale up transmission infrastructure, among other factors,” Coteau said.

Del Duca also took a wait-and-see approach. “This will depend on our energy needs and energy mix,” he said. “I want to see our energy needs go down; we need more efficiency and better conservation to make that happen.”

What's the right energy mix?
Nuclear energy currently accounts for about a third of Ontario’s energy-producing capacity, even as Canada explores zero-emissions electricity by 2035 pathways. But it actually supplies about 60 percent of Ontario’s electricity. That is because nuclear reactors are always on, producing so-called baseload power.

Hydroelectricity provides another 25 percent of supply, while oil and natural gas contribute 6 per cent and wind adds 7 percent. Both solar and biofuels account for less than one percent of Ontario’s energy supply. However, a much larger amount of solar is not counted in this tally, as it is used at or near the sites where it is generated, and never enters the transmission system.

Asked for their views on how large a role various sources of power should play in Ontario’s electricity mix in the future, the candidates largely backed the idea of renewable energy, but offered little specifics.

Graham repeated her statement that experts and communities should drive that conversation. Tedjo said all non-polluting technologies should play a role in Ontario’s energy mix, as provinces like Alberta demonstrate parallel growth in green energy and fossil fuels. Coteau said we need a mix of renewable-energy sources, without offering specifics.

“We also need to pursue carbon capture and sequestration, working in particular with our farming communities,” he added.

 

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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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  • Free access to every issue

Live Online & In-person Group Training

Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

Request For Quotation

Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.