Supreme Court to Hear Case from Energy Crisis

By Los Angeles Times


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The U.S. Supreme Court agreed to hear arguments from power companies - including a Calpine Corp. unit - in a case that may affect California's attempt to save $1.4 billion on supply contracts signed during the 2000-to-2001 energy crisis.

The justices will consider whether the Federal Energy Regulatory Commission has the power to cut the price on long-term contracts that customers say were the product of market manipulation. A federal appeals court ordered the agency to reconsider its refusal to adjust the contracts.

The justices will consider appeals by units of Calpine, American Electric Power Co., Allegheny Energy Inc. and Morgan Stanley, which has an electricity marketing unit. Their case centers on long-term contracts with purchasers in Nevada and Washington state, including units of Sierra Pacific Resources and American States Water Co. and the public utility district of Snohomish County, Wash.

The case will affect two similar high court appeals centering on California's energy contracts. The companies pressing those appeals include units of San Diego-based Sempra Energy, Dynegy Inc. and Royal Dutch Shell. The justices took no action on the California cases, opting to hold them until they resolve the Washington and Nevada disputes.

The dispute is part of a many-faceted, multibillion-dollar fight stemming from the 2000-to-2001 energy crisis in the West. The appeals say two 1956 Supreme Court rulings preclude FERC from ordering changes in the contracts.

That agency separately has approved more than $6 billion in settlements of claims that power sellers gouged California during the crisis, when electricity prices rose tenfold, businesses and consumers endured rolling blackouts and the state's two largest utilities became insolvent.

The Supreme Court in June rejected an appeal by power firms seeking to limit refunds they must make to consumers.

California's Public Utilities Commission and the Bush administration were among those urging the Supreme Court not to get involved in the latest case.

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Nuclear plants produce over half of Illinois electricity, almost faced retirement

Illinois Zero Emission Credits support nuclear plants via tradable credits tied to wholesale electricity prices, carbon costs, created by the Future Energy Jobs Bill to avert Exelon closures and sustain low-carbon power.

 

Key Points

State credits that value nuclear power's zero-carbon output, priced by market and carbon metrics to keep plants running.

✅ Pegged to wholesale prices, carbon costs, and state averages.

✅ Created by Future Energy Jobs Bill to prevent plant retirements.

✅ Supports Exelon Quad Cities and Clinton nuclear facilities.

 

Nuclear plants have produced over half of Illinois electricity generation since 2010, but the states two largest plants would have been retired amid the debate over saving nuclear plants if the state had not created a zero emission credit (ZEC) mechanism to support the facilities.

The two plants, Quad Cities and Clinton, collectively delivered more than 12 percent of the states electricity generation over the past several years. In May 2016, however, Exelon, the owner of the plants, announced that they had together lost over $800 million dollars over the previous six years and revealed plans to retire them in 2017 and 2018, similar to the Three Mile Island closure later announced for 2019 by its owner.

In December 2016, Illinois passed the Future Energy Jobs Bill, which established a zero emission credit (ZEC) mechanism

to support the plants financially. Exelon then cancelled its plans to retire the two facilities.

The ZEC is a tradable credit that represents the environmental attributes of one megawatt-hour of energy produced from the states nuclear plants. Its price is based on a number of factors that include wholesale electricity market prices, nuclear generation costs, state average market prices, and estimated costs of the long-term effects of carbon dioxide emissions.

The bill is set to take effect in June, but faces multiple court challenges as some utilities have expressed concerns that the ZEC violates the commerce clause and affects federal authority to regulate wholesale energy prices, amid gas-fired competition in nearby markets that shapes the revenue outlook.

Illinois ranks first in the United States for both generating capacity and net electricity generation from nuclear power, a resource many see as essential for net-zero emissions goals, and accounts for approximately one-eighth of the nuclear power generation in the nation.

 

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ACORE tells FERC that DOE Proposal to Subsidize Coal, Nuclear Power Plants is unsupported by Record

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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Australia's energy transition stalled by stubbornly high demand

Australia Renewable Energy Transition: solar capacity growth, net-zero goals, rising electricity demand, coal reliance, EV adoption, grid decarbonization, heat waves, air conditioning loads, and policy incentives shaping clean power, efficiency, and emissions reduction.

 

Key Points

Australia targets net-zero by 2050 by scaling renewables, curbing demand, and phasing down coal and gas.

✅ Solar capacity up 200% since 2018, yet coal remains dominant.

✅ Transport leads energy use; EV uptake lags global average.

✅ Heat waves boost AC load, stressing grids and emissions goals.

 

A more than 200% increase in installed solar power generation capacity since 2018 helped Australia rank sixth globally in terms of solar capacity last year and emerge as one of the world's fastest-growing major renewable energy producers, aligning with forecasts that renewables to surpass coal in global power generation by 2025.

However, to realise its goal of becoming a net-zero carbon emitter by 2050, Australia must reverse the trajectory of its energy use, which remains on a rising path, even as Asia set to use half of electricity underscores regional demand growth, in contrast with several peers that have curbed energy use in recent years.

Australia's total electricity consumption has grown nearly 8% over the past decade, amid a global power demand surge that has exceeded pre-pandemic levels, compared with contractions over the same period of more than 7% in France, Germany and Japan, and a 14% drop in the United Kingdom, data from Ember shows.

Sustained growth in Australia's electricity demand has in turn meant that power producers must continue to heavily rely on coal for electricity generation on top of recent additions in supply of renewable energy sources, with low-emissions generation growth expected to cover most new demand.

Australia has sharply boosted clean energy capacity in recent years, but remains heavily reliant on coal & natural gas for electricity generation
To accomplish emissions reduction targets on time, Australia's energy use must decline while clean energy supplies climb further, as that would give power producers the scope to shut high-polluting fossil-powered energy generation systems ahead of the 2050 deadline.

DEMAND DRIVERS
Reducing overall electricity and energy use is a major challenge in all countries, where China's electricity appetite highlights shifting consumption patterns, but will be especially tough in Australia which is a relative laggard in terms of the electrification of transport systems and is prone to sustained heat waves that trigger heavy use of air conditioners.

The transport sector uses more energy than any other part of the Australian economy, including industry, and accounted for roughly 40% of total final energy use as of 2020, according to the International Energy Agency (IEA.)

Transport energy demand has also expanded more quickly than other sectors, growing by over 5% from 2010 to 2020 compared to industry's 1.3% growth over the same period.

Transport is Australia's main energy use sector, and oil products are the main source of energy type
To reduce energy use, and cut the country's fuel import bill which topped AUD $65 billion in 2022 alone, according to the Australian Bureau of Statistics, the Australian government is keen to electrify car fleets and is offering large incentives for electric vehicle purchases.

Even so, electric vehicles accounted for only 5.1% of total Australian car sales in 2022, according to the International Energy Agency (IEA).

That compares to 13% in New Zealand, 21% in the European Union, and a global average of 14%.

More incentives for EV purchases are expected, but any rapid adoption of EVs would only serve to increase overall electricity demand, and with surging electricity demand already straining power systems worldwide, place further pressure on power producers to increase electricity supplies.

Heating and cooling for homes and businesses is another major energy demand driver in Australia, and accounts for roughly 40% of total electricity use in the country.

Australia is exposed to harsh weather conditions, especially heat waves which are expected to increase in frequency, intensity and duration over the coming decades due to climate change, according to the New South Wales government.

To cope, Australians are expected to resort to increased use of air conditioners during the hottest times of the year, and with reduced power reserves flagged by the market operator, adding yet more strain to electricity systems.

 

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Medicine Hat Grant Winners to Upgrade Grid and Use AI for Energy Savings

Medicine Hat Smart Grid AI modernizes electricity distribution with automation, sensors, and demand response, enhancing energy efficiency and renewable integration while using predictive analytics and real-time data to reduce consumption and optimize grid operations.

 

Key Points

An initiative using smart grid tech and AI to optimize energy use, cut waste, and improve renewable integration.

✅ Predictive analytics forecast demand to balance load and prevent outages.

✅ Automation, sensors, and meters enable dynamic, resilient distribution.

✅ Integrates solar and wind with demand response to cut emissions.

 

The city of Medicine Hat, Alberta, is taking bold steps toward enhancing its energy infrastructure and reducing electricity consumption with the help of innovative technology. Recently, several grant winners have been selected to improve the city's electricity grid distribution and leverage artificial intelligence (AI) to adapt to electricity demands while optimizing energy use. These projects promise to not only streamline energy delivery but also contribute to more sustainable practices by reducing energy waste.

Advancing the Electricity Grid

Medicine Hat’s electricity grid is undergoing a significant transformation, thanks to a new set of initiatives funded by government grants that advance a smarter electricity infrastructure vision for the region. The city has long been known for its commitment to sustainable energy practices, and these new projects are part of that legacy. The winners of the grants aim to modernize the city’s electricity grid to make it more resilient, efficient, and adaptable to the changing demands of the future, aligning with macrogrid strategies adopted nationally.

At the core of these upgrades is the integration of smart grid technologies. A smart grid is a more advanced version of the traditional power grid, incorporating digital communications and real-time data to optimize the delivery and use of electricity. By connecting sensors, meters, and control systems across the grid, along with the integration of AI data centers where appropriate, the grid can detect and respond to changes in demand, adjust to faults or outages, and even integrate renewable energy sources more efficiently.

One of the key aspects of the grant-funded projects involves automating the grid. Automation allows for the dynamic adjustment of power distribution in response to changes in demand or supply, reducing the risk of blackouts or inefficiencies. For instance, if an area of the city experiences a surge in energy use, the grid can automatically reroute power from less-used areas or adjust the distribution to avoid overloading circuits. This kind of dynamic response is crucial for maintaining a stable and reliable electricity supply.

Moreover, the enhanced grid will be able to better incorporate renewable energy sources such as solar and wind power, reflecting British Columbia's clean-energy shift as well, which are increasingly important in Alberta’s energy mix. By utilizing a more flexible and responsive grid, Medicine Hat can make the most of renewable energy when it is available, reducing reliance on non-renewable sources.

Using AI to Reduce Energy Consumption

While improving the grid infrastructure is an essential first step, the real innovation comes in the form of using artificial intelligence (AI) to reduce energy consumption. Several of the grant winners are focused on developing AI-driven solutions that can predict energy demand patterns, optimize energy use in real-time, and encourage consumers to reduce unnecessary energy consumption.

AI can be used to analyze vast amounts of data from across the electricity grid, such as weather forecasts, historical energy usage, and real-time consumption data. This analysis can then be used to make predictions about future energy needs. For example, AI can predict when the demand for electricity will peak, allowing the grid operators to adjust supply ahead of time, ensuring a more efficient distribution of power. By predicting high-demand periods, AI can also assist in optimizing the use of renewable energy sources, ensuring that solar and wind power are utilized when they are most abundant.

In addition to grid management, AI can help consumers save energy by making smarter decisions about how and when to use electricity. For instance, AI-powered smart home devices can learn household routines and adjust heating, cooling, and appliance usage to reduce energy consumption without compromising comfort. By using data to optimize energy use, these technologies not only reduce costs for consumers but also decrease overall demand on the grid, leading to a more sustainable energy system.

The AI initiatives are also expected to assist businesses in reducing their carbon footprints. By using AI to monitor and optimize energy use, industrial and commercial enterprises can cut down on waste and reduce energy-related operational costs, while anticipating digital load growth signaled by an Alberta data centre agreement in the province. This has the potential to make Medicine Hat a more energy-efficient city, benefiting both residents and businesses alike.

A Sustainable Future

The integration of smart grid technology and AI-driven solutions is positioning Medicine Hat as a leader in sustainable energy practices. The city’s approach is focused not only on improving energy efficiency and reducing waste but also on making electricity consumption more manageable and adaptable in a rapidly changing world. These innovations are a crucial part of Medicine Hat's long-term strategy to reduce carbon emissions and meet climate goals while ensuring reliable and affordable energy for its residents.

In addition to the immediate benefits of these projects, the broader impact is likely to influence other municipalities across Canada, including insights from Toronto's electricity planning for rapid growth, and beyond. As the technology matures and proves successful, it could set a benchmark for other cities looking to modernize their energy grids and adopt sustainable, AI-driven solutions.

By investing in these forward-thinking technologies, Medicine Hat is not only future-proofing its energy infrastructure but also taking decisive steps toward a greener, more energy-efficient future. The collaboration between local government, technology providers, and the community marks a significant milestone in the city’s commitment to innovation and sustainability.

 

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Solar-powered pot: Edmonton-area producer unveils largest rooftop solar array

Freedom Cannabis solar array powers an Acheson cannabis facility with 4,574 rooftop panels, a 1,830-kilowatt system by Enmax, cutting greenhouse gas emissions, lowering energy costs, and advancing renewable energy, sustainability, and operational efficiency in Edmonton.

 

Key Points

A 1,830-kW rooftop solar system with 4,574 panels, cutting GHG emissions and energy costs at the Acheson facility.

✅ 1,830-kW array offsets 1,000+ tonnes GHG annually

✅ Supplies ~8% of annual power; saves $200k-$300k per year

✅ 4,574 rooftop panels installed by Enmax in Acheson

 

Electricity consumption is one of the biggest barriers to going green in the cannabis industry, where the energy demands of cannabis cultivation often complicate sustainability, but an Edmonton-area pot producer has come up with a sunny solution.

Freedom Cannabis unveiled the largest rooftop solar system used by a cannabis facility in Canada at its 126,000-square foot Acheson location, 20 kilometres west of Edmonton, as solar power in Alberta continues to surge, on Tuesday.

The "state-of-the-art" 1,830-kilowatt solar array—made up of 4,574 panels—was supplied by Enmax and will offset more than 1,000 tonnes of greenhouse gas emissions each year, reflecting how new Alberta solar facilities are undercutting natural gas on price, the company said.

The state-of-the-art solar array—made up of 4,574 panels—was supplied by Enmax and will offset more than 1,000 tonnes of greenhouse gas emissions at Freedom Cannabis every year. Nov. 12, 2019. (Freedom Cannabis)

That will supply roughly eight per cent of the building's annual power consumption and reduce costs by $200,000 to $300,000 annually.

"This strategy will supplement our operating costs for power by up to eight to 10 per cent, so it is something that in time will save us costs on power requirements," said Troy Dezwart, co-founder of Freedom Cannabis.

Dezwart said sustainability was an important issue to the company from its outset, aligning with an Alberta renewable energy surge that is expected to power thousands of jobs.

"We're fortunate enough to be able to have these types of options and pursue them," said Dezwart.

The entire system cost Freedom Cannabis $2.6 million to build, but nearly a million of that came from a provincial rebate program that has since been cancelled by the UCP government, even as a federal green electricity deal with an Edmonton company signals ongoing support.

The company cited a 2017 report that found cannabis growers in the U.S. used enough electricity to power 1.7-million homes, and said cannabis-related power consumption is expected to increase by 1,250 per cent in Ontario over the next five years, even though Canadian solar demand has been lagging overall.

“It’s more important than ever for businesses to manage their energy footprint, and solar is an important part of that solution,” Enmax director Jason Atkinson, said. “This solar installation will help reduce operating costs and offset a significant portion of GHG emissions for decades to come.”

Freedom says it has other initiatives underway to reduce its footprint, in a region planning the Edmonton airport solar farm among other projects, including water remediation and offering 100 per cent recyclable cannabis packaging tins.

The company's first crops are expected to go to market in December.

 

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Federal Government announces funding for Manitoba-Saskatchewan power line

Birtle Transmission Line connects Manitoba Hydro to SaskPower, enabling 215 MW of clean hydroelectricity, improving grid reliability, supporting affordable rates, and advancing Green Infrastructure goals under the Investing in Canada Plan across Manitoba and Saskatchewan.

 

Key Points

A 46 km line moving up to 215 MW from Manitoba Hydro to SaskPower, improving reliability and supplying cleaner power.

✅ Enables interprovincial grid tie between Manitoba and Saskatchewan

✅ Delivers up to 215 MW of renewable hydroelectricity

✅ Supports affordable rates and lower GHG emissions

 

The federal government announced funding for the Birtle Transmission Line Monday morning.

The project will help Manitoba Hydro build a transmission line from Birtle South Station in the Municipality of Prairie View to the Manitoba–Saskatchewan border 46 kilometres northwest. Once completed, the new line will allow up to 215 megawatts of hydroelectricity to flow from the Manitoba Hydro power grid to the SaskPower power grid, similar to the Great Northern Transmission Line connecting Manitoba and Minnesota today.

The government said the transmission line would create a more stable energy supply, keep energy rates affordable and help Saskatchewan's efforts to reduce cumulative greenhouse-gas emissions in that province.

"The Government of Canada is proud to be working with Manitoba to support projects that create jobs and improve people's lives across the province. The Birtle Transmission Line will provide the region with reliable and greener energy, as seen with Canadian hydropower to New York projects, that will help protect our environment while laying the groundwork for clean economic growth," said Jim Carr, member of Parliament for Winnipeg South Centre, on behalf of Catherine McKenna, minister of infrastructure and communities.

The Government of Canada is investing more than $18.7 million, and the government of Manitoba is contributing more than $42 million in this project through the Green Infrastructure Stream of the Investing in Canada Plan, which also supports Atlantic grid improvements nationwide.

"The Province of Manitoba has one of the cleanest electricity grids in Canada and the world with over 99 per cent of our electricity generated from clean, renewable sources, rooted in Manitoba's hydro history," said Central Services Minister Reg Helwer. "The Made-in-Manitoba Climate and Green Plan is good not only for Manitoba but for Canada and globally."

Jay Grewal, president, and CEO of Manitoba Hydro said the funding is a great example of co-operation between the provincial and federal governments, including investments in smart grid technology that modernize local networks.

"We are very pleased that Manitoba Hydro's Birtle Transmission Project is among the first projects to receive funding under the Canada Infrastructure Program, and we would like to thank both levels of governments for recognizing the importance of the project as we strengthen ties with our neighbours in Saskatchewan, as U.S.-Canada transmission approvals advance elsewhere," said Grewal.

A spokesperson for Manitoba Hydro said it’s too early to say how many jobs will be created during construction, as final contracts have not yet been awarded.

 

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