Government faces lawsuit over Kyoto targets

By Toronto Star


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An environmental group is taking the Conservative government to court for not meeting its obligations under a recently passed climate-change law.

Friends of the Earth filed an application for judicial review in Federal Court, with the help of Toronto lawyer Chris Paliare and Ecojustice.

The group charges that Environment Minister John Baird is ignoring the rule of law by failing to comply with legislation that requires the government meet its targets under the Kyoto Protocol and submit a plan illustrating how it would do so. The Kyoto Protocol Implementation Act was passed with the support of the opposition in June.

Garry Keller, BairdÂ’s director of communications, said in a statement that the department would have no comment on cases before the courts.

Beatrice Olivastri of Friends of the Earth says that just as a deadbeat dad would be forced to provide money to his children, so too should a judge order the federal government live up to its legal obligations.

"Some of the excuses we've heard around Kyoto are reminiscent of what you hear from deadbeat dads: I can't afford the payments, I'd have to give up too much to afford the payments," Olivastri said. “It's running away from the responsibility that our government bears."

Baird did submit an ostensible Kyoto blueprint in August – as required by the legislation – but it did not commit to meeting the Kyoto target of reducing greenhouse gas emissions by six per cent below 1990 levels by 2012. The Conservatives have consistently maintained that years of inaction on the part of their Liberal predecessors makes it impossible to meet the targets without serious consequences for the economy.

The Conservatives underline that they have their own plan to tackle global warming, one which will put Canada more than 30 per cent over its Kyoto targets but will ultimately put the country on track for deeper reductions.

Liberal MP Pablo Rodriguez, the original sponsor of the bill that became the Kyoto Protocol Implementation Act, said the legislation was spurred when the Conservatives made it clear they would not respect the international treaty.

"First you start with not respecting the international, and then they don't respect the national law. They have to face the consequences."

Meanwhile, the NDP has said they are no longer fixated on the issue of the Kyoto targets, but instead would like the government to commit to a more stringent environmental plan.

A Clean Air Act that was before Parliament, and heavily amended by the opposition, died on the order paper when the last session of Parliament ended earlier this week. NDP Leader Jack Layton has said he would like to see it revived by the government, but Tory House Leader Peter Van Loan said that's not on.

Friends of the Earth had filed another application against the government in Federal Court earlier in the year, alleging the government was violating the Canadian Environmental Protection Act by not living up to Kyoto. That case has been abandoned in favour of the new one based on the more specific Kyoto Protocol Implementation Act.

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National Grid to lose Great Britain electricity role to independent operator

UK Future System Operator to replace National Grid as ESO, enabling smart grid reform, impartial system planning, vehicle-to-grid, long duration storage, and data-driven oversight to meet net zero and cut consumer energy costs.

 

Key Points

The UK Future System Operator is an independent ESO and planner, steering net zero with impartial data and smart grid coordination.

✅ Replaces National Grid ESO with independent system operator

✅ Enables smart grid, vehicle-to-grid, and long-duration storage

✅ Supports net zero, lower bills, and impartial system planning

 

The government plans to strip National Grid of its role keeping Great Britain’s lights on as part of a proposed “revolution’” in the electricity network driven by smart digital grid technologies.

The FTSE 100 company has played a role in managing the energy system of England, Scotland and Wales, including efforts such as a subsea power link that brings renewable power from Scotland to England (Northern Ireland has its own network). It is the electricity system operator, balancing supply and demand to ensure the electricity supply. But it will lose its place at the heart of the industry after government officials put forward plans to replace it with an independent “future system operator”.

The new system controller would help steer the country towards its climate targets, at the lowest cost to energy bill payers, by providing impartial data and advice after an overhaul of the rules governing the energy system to make it “fit for the future”.

The plans are part of a string of new proposals to help connect millions of electric cars, smart appliances and other green technologies to the energy system, and to fast-track grid connections nationwide, which government officials believe could help to save £10bn a year by 2050, and create up to 10,000 jobs for electricians, data scientists and engineers.

The new regulations aim to make it easier for electric cars to export electricity from their batteries back on to the power grid or to homes when needed. They could also help large-scale and long-duration batteries play a role in storing renewable energy, supported by infrastructure such as a 2GW substation helping integrate supply, so that it is available when solar and wind power generation levels are low.

Anne-Marie Trevelyan, the energy and climate change minister, said the rules would allow households to “take control of their energy use and save money” while helping to make sure there is clean electricity available “when and where it’s needed”.

She added: “We need to ensure our energy system can cope with the demands of the future. Smart technologies will help us to tackle climate change while making sure that the lights stay on and bills stay low.”

The energy regulator, Ofgem, raised concerns earlier this year that National Grid would face a “conflict of interest” in providing advice on the future electricity system because it also owns energy networks that stand to benefit financially from future investment plans. It called for a new independent operator to take its place.

Jonathan Brearley, Ofgem’s chief executive, said the UK requires a “revolution” in how and when it uses electricity, including demand shifts during self-isolation to help meet its climate targets and added that the government’s plans for a new digital energy system were “essential” to meeting this goal “while keeping energy bills affordable for everyone”.

A National Grid spokesperson said the company would “work closely” with the government and Ofgem on the role of a future system operator, as well as “the most appropriate ownership model and any future related sale”.

The division has earned National Grid, which has addressed cybersecurity fears in supplier choices, an average of £199m a year over the last five years, or 1.3% of the group’s total revenues, which are split between the UK – where it operates high-voltage transmission lines in England and Wales, and the country’s gas system – and its growing energy supply business in the US, aligned with investment in a smarter electricity infrastructure in the US to modernize grids.

 

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Europe Is Losing Nuclear Power Just When It Really Needs Energy

Europe's Nuclear Energy Policy shapes responses to the energy crisis, soaring gas prices, EU taxonomy rules, net-zero goals, renewables integration, baseload security, SMRs, and Russia-Ukraine geopolitics, exposing cultural, financial, and environmental divides.

 

Key Points

A policy guiding nuclear exits or expansion to balance energy security, net-zero goals, costs, and EU taxonomy.

✅ Divergent national stances: phase-outs vs. new builds

✅ Costs, delays, and waste challenge large reactors

✅ SMRs, renewables, and gas shape net-zero pathways

 

As the Fukushima disaster unfolded in Japan in 2011, then-German Chancellor Angela Merkel made a dramatic decision that delighted her country’s anti-nuclear movement: all reactors would be ditched.

What couldn’t have been predicted was that Europe would find itself mired in one of the worst energy crises in its history. A decade later, the continent’s biggest economy has shut down almost all its capacity already. The rest will be switched off at the end of 2022 — at the worst possible time.

Wholesale power prices are more than four times what they were at the start of the coronavirus pandemic. Governments are having to take emergency action to support domestic and industrial consumers faced with crippling bills, which could rise higher if the tension over Ukraine escalates. The crunch has not only exposed Europe’s supply vulnerabilities, but also the entrenched cultural and political divisions over the nuclear industry and a failure to forge a collective vision. 

Other regions meanwhile are cracking on, challenging the idea that nuclear power is in decline worldwide. China is moving fast on nuclear to try to clean up its air quality. Its suite of reactors is on track to surpass that of the U.S., the world’s largest, by as soon as the middle of this decade. Russia is moving forward with new stations at home and has more than 20 reactors confirmed or planned for export construction, according to the World Nuclear Association.

“I don’t think we’re ever going to see consensus across Europe with regards to the continued running of existing assets, let alone the construction of new ones,” said Peter Osbaldstone, research director for power and renewables at Wood Mackenzie Group Ltd. in the U.K. “It’s such a massive polarizer of opinions that national energy policy is required in strength over a sustained period to support new nuclear investment.” 

France, Europe’s most prolific nuclear energy producer, is promising an atomic renaissance as its output becomes less reliable. Britain plans to replace aging plants in the quest for cleaner, more reliable energy sources. The Netherlands wants to add more capacity, Poland also is seeking to join the nuclear club, and Finland is starting to produce electricity later this month from its first new plant in four decades. 

Belgium and Spain, meanwhile, are following Germany’s lead in abandoning nuclear, albeit on different timeframes. Austria rejected it in a referendum in 1978.

Nuclear power is seen by its proponents as vital to reaching net-zero targets worldwide. Once built, reactors supply low-carbon electricity all the time, unlike intermittent wind or solar.

Plants, though, take a decade or more to construct at best and the risk is high of running over time and over budget. Finland’s new Olkiluoto-3 unit is coming on line after a 12-year delay and billions of euros in financial overruns. 

Then there’s the waste, which stays hazardous for 100,000 years. For those reasons European Union members are still quarreling over whether nuclear even counts as sustainable.

Electorates are also split. Polling by YouGov Plc published in December found that Danes, Germans and Italians were far more nuclear-skeptic than the French, British or Spanish. 

“It comes down to politics,” said Vince Zabielski, partner at New York-based law firm Pillsbury Winthrop Shaw Pittman LLP, who was a nuclear engineer for 15 years. “Everything political ebbs and flows, but when the lights start going off people have a completely different perspective.”

 

What’s Behind Europe’s Skyrocketing Energy Prices

Indeed, there’s a risk of rolling blackouts this winter. Supply concerns plaguing Europe have sent gas and electricity prices to record levels and inflation has ballooned. There’s also mounting tension with Russia over a possible invasion of Ukraine, which could lead to disrupted supplies of gas. All this is strengthening the argument that Europe needs to reduce its dependence on international sources of gas.

Europe will need to invest 500 billion euros ($568 billion) in nuclear over the next 30 years to meet growing demand for electricity and achieve its carbon reduction targets, according to Thierry Breton, the EU’s internal market commissioner. His comments come after the bloc unveiled plans last month to allow certain natural gas and nuclear energy projects to be classified as sustainable investments. 

“Nuclear power is a very long-term investment and investors need some kind of guarantee that it will generate a payoff,” said Elina Brutschin at the International Institute for Applied Systems Analysis. In order to survive in liberalized economies like the EU, the technology needs policy support to help protect investors, she said.

That already looks like a tall order. The European Commission has been told by a key expert group that the labeling risks raising greenhouse gas emissions and undermining the bloc’s reputation as a bastion for environmentally friendly finance.

Austria has threatened to sue the European Commission over attempts to label atomic energy as green. The nation previously attempted a legal challenge, when the U.K. was still an EU member, to stop the construction of Electricite de France SA’s Hinkley Point C plant, in the west of England. It has also commenced litigation against new Russia-backed projects in neighboring Hungary.

Germany, which has missed its carbon emissions targets for the past two years, has been criticized by some environmentalists and climate scientists for shutting down a supply of clean power at the worst time, despite arguments for a nuclear option for climate policy. Its final three reactors will be halted this year. Yet that was never going to be reversed with the Greens part of the new coalition government. 

The contribution of renewables in Germany has almost tripled since the year before Fukushima, and was 42% of supply last year. That’s a drop from 46% from the year before and means the country’s new government will have to install some 3 gigawatts of renewables — equivalent to the generating capacity of three nuclear reactors — every year this decade to hit the country's 80% goal.

“Other countries don’t have this strong political background that goes back to three decades of anti-nuclear protests,” said Manuel Koehler, managing director of Aurora Energy Research Ltd., a company analyzing power markets and founded by Oxford University academics. 

At the heart of the issue is that countries with a history of nuclear weapons will be more likely to use the fuel for power generation. They will also have built an industry and jobs in civil engineering around that.

Germany’s Greens grew out of anti-nuclear protest movements against the stationing of U.S. nuclear missiles in West Germany. The 1986 Chernobyl meltdown, which sent plumes of radioactive fallout wafting over parts of western Europe, helped galvanize the broader population. Nuclear phase-out plans were originally laid out in 2002, but were put on hold by the country's conservative governments. The 2011 Fukushima meltdowns reinvigorated public debate, ultimately prompting Merkel to implement them.

It’s not easy to undo that commitment, said Mark Hibbs, a Bonn, Germany-based nuclear analyst at Carnegie Endowment for International Peace, or to envision any resurgence of nuclear in Germany soon: “These are strategic decisions, that have been taken long in advance.”

In France, President Emmanuel Macron is about to embark on a renewed embrace of nuclear power, even as a Franco-German nuclear dispute complicates the debate. The nation produces about two-thirds of its power from reactors and is the biggest exporter of electricity in Europe. Notably, that includes anti-nuclear Germany and Austria.

EDF, the world’s biggest nuclear plant operator, is urging the French government to support construction of six new large-scale reactors at an estimated cost of about 50 billion euros. The first of them would start generating in 2035.

But even France has faced setbacks. Development of new projects has been put on hold after years of technical issues at the Flamanville-3 project in Normandy. The plant is now scheduled to be completed next year. 

In the U.K., Business Secretary Kwasi Kwarteng said that the global gas price crisis underscores the need for more home-generated clean power. By 2024, five of Britain’s eight plants will be shuttered because they are too old. Hinkley Point C is due to be finished in 2026 and the government will make a final decision on another station before an election due in 2024. 

One solution is to build small modular reactors, or SMRs, which are quicker to construct and cheaper. The U.S. is at the forefront of efforts to design smaller nuclear systems with plans also underway in the U.K. and France. Yet they too have faced delays. SMR designs have existed for decades though face the same challenging economic metrics and safety and security regulations of big plants.

The trouble, as ever, is time. “Any investment decisions you make now aren’t going to come to fruition until the 2030s,” said Osbaldstone, the research director at Wood Mackenzie. “Nuclear isn’t an answer to the current energy crisis.”

 

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Minister approves 30-megawatt wind farm expansion in Eastern Kings

Eastern Kings Wind Farm Expansion advances P.E.I. renewable energy with seven new wind turbines, environmental assessment, wildlife monitoring of birds and bats, and community consultation to double output to 30 MW for domestic consumption.

 

Key Points

A P.E.I. project adding seven turbines for 30 MW, under 17 conditions, with wildlife monitoring and community oversight.

✅ Seven new turbines, larger than existing units

✅ 17 conditions, monthly compliance reporting

✅ Two-year wildlife study for birds and bats

 

A proposal to expand an existing wind farm in eastern P.E.I. has been given the go-ahead, according to P.E.I.’s Department of Environment, Water and Climate Change, as related grid work like a new transmission line progresses in the region.

Minister Natalie Jameson approved the P.E.I. Energy Corporation’s Eastern Kings Wind Farm expansion project, the province announced in a release Wednesday afternoon, as Atlantic Canada advances other renewable initiatives like tidal power to diversify supply.

The project will be subject to 17 conditions, which were drawn from a review of the 80 responses the province received from the public on the proposed Eastern Kings Wind Farm expansion.

The corporation must provide a summary on the status of each condition to the department on a monthly basis.

“This decision balances the needs of people, communities, wellness and the environment,” Jameson said in the release.

“It allows this renewable energy project to proceed and reduce greenhouse [gas] emissions that cause climate change while mitigating the project’s impact to the Island’s ecosystem.”

The P.E.I. Energy Corporation wants to double the output of its Eastern Kings Wind Farm with the installation of seven wind turbines between the communities of Elmira and East Point to develop 30 megawatts of wind power for domestic consumption, according to the minister’s impact assessment, aligning with regional moves to expand wind and solar projects across Atlantic Canada.

The new turbines are expected to be larger than the existing 10 at the site, even as regional utilities study major grid changes to integrate more renewables.

Project must comply with conditions

In February, the province said it would identify any specific questions or concerns it felt needed to be addressed in the submissions, according to Greg Wilson, manager of environmental land management for the province, while some advocate for independent electricity planning to guide such decisions.

Public feedback closed in January, after an earlier extension to wait for a supplemental report on birds and bats.

The corporation needs to comply with all conditions – such as monitoring environmental impact, setting up an environmental management plan and creating a committee to address concerns – listed in the release on Wednesday, amid calls from environmental advocates to reduce biomass use in electricity generation.

A condition in the release suggests representatives from L’nuey, the Souris and Area Wildlife Branch, the Rural Municipality of Eastern Kings and local residents to make up the committee.

The corporation will also need to conduct a study over two years after construction to look at the impact on bats and birds, and implement a protocol to report deaths of birds to federal and provincial authorities.

According to Canada Energy Regulator, roughly 98 per cent of power generated on P.E.I. comes from wind farms. It also said there were 203 megawatts installed on P.E.I. as of 2018, and the majority of energy consumed on the Island comes from New Brunswick from a mix of nuclear, fossil fuels and hydroelectricity, while in Nova Scotia, the utility has increased biomass generation as part of its supply mix.

 

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Electricity Demand In The Time Of COVID-19

COVID-19 Impact on U.S. Power Demand shows falling electricity load, lower wholesale prices, and resilient utilities in competitive markets, with regional differences tied to weather, renewable energy, stay-at-home orders, and hedging strategies.

 

Key Points

It outlines reduced load and prices, while regulatory design and hedging support utility stability across regions.

✅ Load down in NY, New England, PJM; weather drives South up.

✅ Wholesale prices fall 8-10% in key markets.

✅ Decoupling, contracts, hedging support utility earnings.

 

On March 27, Bloomberg New Energy Finance (BNEF) released a report on electricity demand and wholesale market prices impact from COVID-19 fallout. The model compares expected load based largely on weather with actual observed electricity demand changes.

So far, the hardest hit power grid is New York, with load down 7 and prices off by 10 percent. That’s expected, given New York City is the current epicenter of the US health crisis.

Next is New England, with 5 percent lower demand and 8 percent reduced wholesale prices for the week from March 19-25. BNEF says the numbers could go higher following advisories and orders issued March 24 for some 70 percent of the region’s population to stay at home.

Demand on the biggest grid in the US, the PJM (Pennsylvania/Jersey/Maryland), is 4 percent lower, with prices dropping 8 percent, as recent capacity auction payouts fell sharply. BNEF believes there will be more impact as stay at home orders are ramped up in several states.

California’s power demand for March 19-25 was 5 percent below what BNEF’s model expects without COVID-19 impact. That reflects a full week of stay-at-home orders from Governor Newsom issued March 19.

Health officials in Los Angeles and elsewhere expect a spike in COVID-19 cases in coming weeks. But BNEF’s model now actually projects rising electricity load for the state, due to what it calls "freakishly mild weather a year ago."

Rounding out the report, power demand is up for a band of southern states stretching from Florida to the desert Southwest, with weather more than offsetting public response to COVID-19 so far. BNEF says the Northwest’s grid "has not yet been highly impacted," while the Southeast is "generally in line" with pre-virus expectations.

Clearly, all of this data can change quickly and radically. Only California and New York are currently in full shutdown mode. Following them are New England (70 percent), the Midwest (65 percent), Texas (50 percent), PJM (50 percent) and the Northwest (50 percent).

In contrast, only small parts of Florida, the Southeast and Southwest are restricting movement. That could mean a big future increase for shut-ins, with heightened risks of electricity shut-offs that burden households and a corresponding impact on power demand.

Also, weather will play a major role on what happens to actual electricity demand, just as it always does. A very hot summer, for example, could offset virus-related shut-ins, just as it apparently is now in states like Texas. And it should be pointed out that regions vary widely by exposure to recession-sensitive sources of demand, such as heavy industry.

Most important for investors, however, is the built in protection US utility earnings enjoy from declining power demand, even amid broader energy crisis pressures facing the sector. For one thing, US power grids in California, ERCOT (Texas), MISO (Midwest), New England, New York and PJM have wholesale power markets, where producers compete for sales and the lowest bidder sets the price.

In those states, most regulated utilities don’t produce power at all. In fact, companies’ revenue is decoupled entirely from demand in California, as well as much of New England. In the roughly three-dozen states where utilities still operate as integrated monopolies, demand does affect revenue, and in many regions flat electricity demand already persists. But the cost of electricity is passed through directly to customers, whether produced or purchased.

A number of US electric companies have invested in renewable energy facilities as part of broader electrification trends nationwide. These sell their output under long-term contracts primarily with other utilities and government entities.

This isn’t a risk free business: For the past year, generators selling electricity to bankrupt PG&E Corp (PCG) have had their cash trapped at the power plant level as surety for lenders. But even PG&E has honored its contracts. And with states continuing aggressive mandates for renewable energy adoption, growth doesn’t appear at risk to COVID-19 fallout either.

The wholesale price of power from natural gas, coal and many nuclear plants was already sliding before COVID-19, due to renewables adoption and low natural gas prices, even as coal and nuclear disruptions raise reliability concerns. But here too, big producers like Exelon Corp (EXC) and Vistra Energy (VST) have employed aggressive price hedging near term, with regulated utilities and retail businesses protecting long-term health, respectively.

Bottom line: It’s early days for the COVID-19 crisis and much can still change. But so far at least, the US power industry is absorbing the blow of reduced demand, just as it’s done in previous crises.

That means future selloffs in the ongoing bear market are buying opportunities for best in class electric utilities, not a reason to sell. For top candidates, see the Conrad’s Utility Investor Portfolios and Dream Buy List in the March issue. 

 

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B.C. Diverting Critical Minerals, Energy from U.S

Canadian Softwood Lumber Tariffs challenge British Columbia's forestry sector, strain U.S.-Canada trade, and risk redirecting critical minerals and energy resources, threatening North American supply chains, manufacturing, and energy security across integrated markets.

 

Key Points

Duties imposed by the U.S. on Canadian lumber, affecting BC forestry, trade flows, and North American energy security.

✅ U.S. duties strain BC forestry and cross-border supply chains

✅ Risks redirecting critical minerals and energy exports

✅ Tariff rollback could bolster North American energy security

 

British Columbia Premier David Eby has raised concerns that U.S. tariffs on Canadian softwood lumber are prompting the province to redirect its critical minerals and energy resources, while B.C. challenges Alberta's electricity export restrictions domestically, away from the United States. In a recent interview, Eby emphasized the broader implications of these tariffs, suggesting they could undermine North American energy security and put electricity exports at risk across the border.

Since 2017, the U.S. Department of Commerce has imposed tariffs on Canadian softwood lumber imports, alleging that Canadian producers benefit from unfair subsidies. These duties have been a persistent source of tension between the two nations, coinciding with Canadian support for energy and mineral tariffs and significantly impacting British Columbia's forestry sector—a cornerstone of the province's economy.

Premier Eby highlighted that the financial strain imposed by these tariffs not only jeopardizes the Canadian forestry industry but also has unintended repercussions for the United States. He pointed out that the economic challenges faced by Canadian producers might lead them to seek alternative markets for their critical minerals and energy resources, as tariff threats boost support for Canadian energy projects domestically, thereby reducing the supply to the U.S. British Columbia is endowed with an abundance of critical minerals essential for various industries, including technology and defense.

The potential redirection of these resources could have significant consequences for American industries that depend on a stable and affordable supply of critical minerals and energy. Eby suggested that the tariffs might incentivize Canadian producers to explore other international markets, even as experts advise against cutting Quebec's energy exports amid the tariff dispute, diminishing the availability of these vital resources to the U.S.

In light of these concerns, Premier Eby has advocated for a reassessment of the tariffs, urging a more cooperative approach between Canada and the United States. He contends that eliminating the tariffs would be mutually beneficial, aligning with views that Biden is better for Canada's energy sector and cross-border collaboration, ensuring a consistent supply of critical resources and fostering economic growth in both countries.

The issue of U.S. tariffs on Canadian softwood lumber remains complex and contentious, with far-reaching implications for trade relations and resource distribution between the two nations. As discussions continue, stakeholders on both sides of the border are closely monitoring the situation, noting that Ford has threatened to cut U.S. electricity exports amid trade tensions, recognizing the importance of collaboration in addressing shared economic and security challenges.

 

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Explainer: Europe gets ready to revamp its electricity market

EU Electricity Market Reform seeks to curb gas-driven volatility by expanding CfDs and PPAs, decoupling power from gas, and aligning consumer bills with low-cost renewables and nuclear, as Brussels advances market redesign.

 

Key Points

An EU plan to curb price spikes by expanding long-term contracts and tying bills to cheap renewables.

✅ Expands CfDs and PPAs to lock in predictable power prices

✅ Aims to decouple bills from gas-driven wholesale volatility

✅ Seeks investment certainty for renewables, nuclear, and grids

 

European Union energy ministers meet on Monday to debate upcoming power market reforms. Brussels is set to propose the revamp next month, but already countries are split over how to "fix" the energy system - or whether it needs fixing at all.

Here's what you need to know.


POST-CRISIS CHANGES
The European Commission pledged last year to reform the EU's electricity market rules, after record-high gas prices - caused by cuts to Russian gas flows - sent power prices soaring during an energy crisis for European companies and citizens.

The aim is to reform the electricity market to shield consumer energy bills from short-term swings in fossil fuel prices, and make sure that Europe's growing share of low-cost renewable electricity translates into lower prices, even though rolling back electricity prices poses challenges for policymakers.

Currently, power prices in Europe are set by the running cost of the plant that supplies the final chunk of power needed to meet overall demand. Often, that is a gas plant, so gas price spikes can send electricity prices soaring.

EU countries disagree on how far the reforms should go.

Spain, France and Greece are among those seeking a deep reform.

In a document shared with EU countries, seen by Reuters, Spain said the reforms should help national regulators to sign more long-term contracts with electricity generators to pay a fixed price for their power.

Nuclear and renewable energy producers, for example, would receive a "contract for difference" (CfD) from the government to provide power during their lifespan - potentially decades - at a stable price that reflects their average cost of production.

Similarly, France suggests, as part of a new electricity pricing scheme, requiring energy suppliers to sign long-term, fixed-price contracts with power generators - either through a CfD, or a private Power Purchase Agreement (PPA) between the parties.

French officials say this would give the power plant owner predictable revenue, while enabling consumers to have part of their energy bill comprised of this more stable price.

Germany, Denmark, Latvia and four other countries oppose a deep reform, and, as nine EU countries oppose reforms overall, have warned the EU against a "crisis mode" overhaul of a complex system that has taken decades to develop.

They say Europe's existing power market is functioning well, and has fostered years of lower power prices, supported renewable energy and helped avoid energy shortages.

Those countries support only limited tweaks, such as making it easier for consumers to choose between fluctuating and fixed-price power contracts.


'DECOUPLE' PRICES?
The Commission initially pitched the reform as a chance to "decouple" gas and power prices in Europe, suggesting a redesign of the current system of setting power prices. But EU officials say Brussels now appears to be leaning towards more modest changes.

A public consultation on the reforms last month steered clear of a deep energy market intervention. Rather, it suggested expanding Europe's use of long-term contracts, outlining a plan for more fixed-price contracts that provide power plants with a fixed price for their electricity, like CfDs or PPAs.

The Commission said this could be done by setting EU-wide rules for CfDs and letting countries voluntarily use them, or require new state-funded power plants to sign CfDs. The consultation mooted the idea of forcing existing power plants to sign CfDs, but said this could deter much-needed investments in renewable energy.


RISKS, REWARDS
Pro-reform countries like Spain say a revamped power market will bring down energy prices for consumers, by matching their bills more closely with the true cost of producing lower-carbon electricity.

France says the aim is to secure investment in low-carbon energy including renewables, and nuclear plants like those Paris plans to build. It also says lowering power prices should be part of Europe's response to massive industrial subsidies in the United States and China - by helping European firms keep a competitive edge.

But sceptics warn that drastic changes to the market could knock confidence among investors, putting at risk the hundreds of billions of euros in renewable energy investments the EU says are needed to quit Russian fossil fuels under its plan to dump Russian energy and meet climate goals.

Energy companies including Engie (ENGIE.PA), Orsted (ORSTED.CO) and Iberdrola (IBE.MC) have said making CfDs mandatory or imposing them retroactively on existing power plants could deter investment and trigger litigation from energy companies.


POLITICAL DEBATE
EU countries' energy ministers discuss the reforms on Monday, before formal negotiations begin.

The Commission, which drafts EU laws, plans to propose the reforms on Mar. 14. After that, EU countries and lawmakers negotiate the final law, which must win majority support from European Parliament lawmakers and a reinforced majority of at least 15 countries.

Negotiations on major EU legislation often take more than a year, but some countries are pushing for a fast-tracked deal. France wants the law to be finished this year.

That has already hit resistance from countries like Germany, highlighting a France-Germany tussle over the scope of reform as they say deeper changes cannot be rushed through, and they would need an "in-depth impact assessment" - something the Commission's upcoming proposal is not expected to include, because it has been drafted so quickly.

The timeline is further complicated by European Parliament elections in 2024. That has raised concerns in reform-hungry states that failure to strike a deal before the election could significantly delay the reforms, if negotiations have to pause until a new EU parliament is elected.

 

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