MEREGIO project uses Smart Grid technology to minimize emissions

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The MEREGIO smart grid project has been selected by the Federal Ministry of Economics and Technology of Germany as a winner of Germany’s “E-Energy” funding competition.

The project, currently underway, is supported by the German government after an independent jury selected MEREGIO and five other outstanding projects for funding.

MEREGIO – “Minimum Emission Region” – is focused on the development of a minimum emission certificate for the model region Karlsruhe/Stuttgart in Germany. The aim of the certification is the complete elimination of CO2 emissions caused by heating and electrical power consumption. It is a project strongly supported by ABB.

The gathered data is intended to motivate other regions to actively reduce their greenhouse gas emissions and promote specific measures to cut CO2 production.

For each household, a smart meter with bi-directional broadband communication interfaces delivers a high level of transparency. Within the pilot project, these meters will be installed at 800 consumer sites, 100 generation units and 100 storages for electrical energy.

A more efficient integration of yield-dependent energy resources in the power grid represents another main toehold for the reduction of CO2 emissions. Therefore customers will receive price signals as motivation for energy consumption. Price signals are particularly suitable if regional bottlenecks force network operators to switch off generation units to ensure network security.

In northern Germany, this situation already regularly occurs in the 60 and 110 kilovolt grid. Since there are currently no measure and communication technologies available, it is the function of restrictive grid codes to avoid such bottlenecks in subordinate voltage levels. Within the MEREGIO project, meters and communication infrastructure will be used to detect the state of the grid on the medium- and low-voltage level. If bottlenecks are detected, the systems automatically set price signals as prevention and – if necessary – power plants will be switched off.

As it will not possible to change existing grid codes within the pilot project, bottlenecks in low- and medium-voltage level will not occur in reality. Therefore, MEREGIO will also simulate load flows in a virtual network model. This online-simulation will be used to analyze how the use of CO2 free energy resources could be maximized in a market-oriented way if grid codes would change.

Another approach to cut CO2 emissions in MEREGIO involves the increase of network capacity and the reduction of network losses by introducing a marketplace for ancillary services. This marketplace will offer the possibility to trade products like reactive power. Such a marketplace, based on a network model, allows the efficient usages of the existing envelopes of generation units to avoid voltage overshoots and to minimize network losses.

In addition to ABB, IBM, SAP, EnBW, Systemplan and the University of Karlsruhe form the MEREGIO project consortium. ABB delivers the necessary network control and interfaces to adjacent systems. Hence, ABB is responsible for the central link between the interconnected physical and commercial processes.

The winning projects were originally announced at the CEBIT 2008 conference.

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Why Is Central Asia Suffering From Severe Electricity Shortages?

Central Asia power shortages strain grids across Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, and Turkmenistan, driven by drought-hit hydropower, aging coal and gas plants, rising demand, cryptomining loads, and winter peak consumption risks.

 

Key Points

Regionwide blackouts from drought, aging plants and grids, rising demand, and winter peaks stressing Central Asia.

✅ Drought slashes hydropower in Kyrgyzstan, Tajikistan, Uzbekistan

✅ Aging coal and gas TPPs and weak grids cause frequent outages

✅ Cryptomining loads and winter heating spike demand and stress supply

 

Central Asians from western Kazakhstan to southern Tajikistan are suffering from power and energy shortages that have caused hardship and emergency situations affecting the lives of millions of people.

On October 14, several units at three power plants in northeastern Kazakhstan were shut down in an emergency that resulted in a loss of more than 1,000 megawatts (MW) of electricity.

It serves as an example of the kind of power failures that plague the region 30 years after the Central Asian countries gained independence and despite hundreds of millions of dollars being invested in energy infrastructure and power grids, and echo risks seen in other advanced markets such as Japan's near-blackouts during recent cold snaps.

Some of the reasons for these problems are clear, but with all the money these countries have allocated to their energy sectors and financial help they have received from international financial institutions, it is curious the situation is already so desperate with winter officially still weeks away.


The Current Problems
Three power plants were affected in the October 14 shutdowns of units: Ekibastuz-1, Ekibastuz-2, and the Aksu power plant.

Ekibastuz-1 is the largest power plant in Kazakhstan, capable of generating some 4,000 MW, roughly 13 percent of Kazakhstan’s total power output.

The Kazakhstan Electricity Grid Operating Company (KEGOC) explained the problems resulted partially from malfunctions and repair work, but also from overuse of the system that the government would later say was due to cryptominers, a large number of whom have moved to Kazakhstan recently from China after Beijing banned the mining needed by Bitcoin and other cryptocurrencies, amid its own China's power cuts across several provinces in 2021.

But between November 8 and 9, rolling blackouts were reported in the East Kazakhstan, North Kazakhstan, and Kyzylorda provinces, as well as the area around Almaty, Kazakhstan’s biggest city, and Shymkent, its third largest city.

People in Uzbekistan say they, too, are facing blackouts that the Energy Ministry described as “short-term outages,” even as authorities have looked to export electricity to Afghanistan to support regional demand, though it has been clear for several weeks that the country will have problems with natural gas supplies this winter.


Power lines in Uzbekistan
Kyrgyz President Sadyr Japarov continues to say there won't be any power rationing in Kyrgyzstan this winter, but at the end of September the National Energy Holding Company ordered “restrictions on the lighting of secondary streets, advertisements, and facades of shops, cafes, and other nonresidential customers.”

Many parts of Tajikistan are already experiencing intermittent supplies of electricity.

Even in Turkmenistan, a country with the fourth-largest reserves of natural gas in the world, there were reports of problems with electricity and heating in the capital, Ashgabat.


What Is Going On?
The causes of some of these problems are easy to see.

The population of the region has grown significantly, with the population of Central Asia when the Soviet Union collapsed in late 1991 being some 50 million and today about 75 million.

Kyrgyzstan and Tajikistan are mountainous countries that have long been touted for their hydropower potential and some 90 percent of Kyrgyzstan’s domestically produced electricity and 98 percent of Tajikistan’s come from hydropower.

But a severe drought that struck Central Asia this year has resulted in less hydropower and, in general, less energy for the region, similar to constraints seen in Europe's reduced hydro and nuclear output this year.

Tajik authorities have not reported how low the water in the country’s key reservoirs is, but Kyrgyzstan has reported the water level in the reservoir at its Toktogul hydropower plant (HPP) is 11.8 billion cubic meters (bcm), the lowest level in years and far less than the 14.7 bcm of water it had in November 2020.

The Toktogul HPP, with an installed capacity of 1,200 MW, provides some 40 percent of the country's domestically produced electricity, but operating the HPP this winter to generate desperately needed energy brings the risk of leaving water levels at the reservoir critically low next spring and summer when the water is also needed for agricultural purposes.

This year’s drought is something Kyrgyzstan and Tajikistan will have to take into consideration as they plan how to provide power for their growing populations in the future. Hydropower is a desirable option but may be less reliable with the onset of climate change, prompting interest in alternatives such as Ukraine's wind power to diversify generation.

Uzbekistan is also feeling the effects of this year’s drought, and, like the South Caucasus where Georgia's electricity imports have increased, supply shortfalls are testing grids.

According to the International Energy Agency, HPPs account for some 12 percent of Uzbekistan’s generating capacity.

Uzbekistan’s Energy Ministry attributed low water levels at HPPs that have caused a 23 percent decrease in hydropower generation this year.


A reservoir in Kyrgyzstan
Kazakhstan and Uzbekistan are the most populous Central Asian countries, and both depend on thermal power plants (TPP) for generating most of their electricity.

Most of the TPPs in Kazakhstan are coal-fired, while most of the TPPs in Uzbekistan are gas-fired.

Kazakhstan has 68 power plants, 80 percent of which are coal-fired TPPs, and most are in the northern part of the country where the largest deposits of coal are located. Kazakhstan has the world's 10th largest reserves of coal.

About 88 percent of Uzbekistan’s electricity comes from TTPs, most of which use natural gas.

Uzbekistan’s proven reserves are some 800 billion cubic meters, but gas production in Uzbekistan has been decreasing.

In December 2020, Uzbek President Shavkat Mirziyoev ordered a halt to the country’s gas exports and instructed that gas to be redirected for domestic use. Mirziyoev has already given similar instructions for this coming winter.


How Did It Come To This?
The biggest problem with the energy infrastructure in Central Asia is that it is generally very old. Nearly all of its power plants date back to the Soviet era -- and some well back into the Soviet period.

The use of power plants and transmission lines that some describe as “obsolete” and a few call “decrepit” has unfortunately been a necessity in Central Asia, even as regional players pursue new interconnections like Iran's plan to transmit electricity to Europe as a power hub.

Reporting on Kazakhstan in September 2016, the Asian Development Bank (ADB) said, “70 percent of the power generation infrastructure is in need of rehabilitation.”

The Ekibastuz-1 TPP is relatively new by the power-plant standards of Central Asia. The first unit of the eight units of the TPP was commissioned in 1980.

The first unit at the AKSU TPP was commissioned in 1968, and the first unit of the gas- and fuel-fired TPP in southern Kazakhstan’s Zhambyl Province was commissioned in 1967.

 

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B.C. Hydro adds more vehicle charging stations across southern B.C.

BC Hydro EV Charging Stations expand provincewide with DC fast chargers, 80% in 30 minutes at 35 c/kWh, easing range anxiety across Vancouver, Vancouver Island, Coquihalla Highway, East Kootenay, between Kamloops and Prince George.

 

Key Points

Public DC fast-charging network across B.C. enabling 80% charge in 30 minutes to cut EV range anxiety.

✅ 28 new stations added; 30 launched in 2016

✅ 35 c/kWh; about $3.50 per tank equivalent

✅ Coverage: Vancouver, Island, Coquihalla, East Kootenay

 

B.C. Hydro is expanding its network of electric vehicle charging stations.

The Crown utility says 28 new stations complete the second phase of its fast-charging network and are in addition to the 30 stations opened in 2016.

Thirteen of the stations are in Metro Vancouver, seven are on Vancouver Island, including one at the Pacific Rim Visitor Centre near Tofino, another is in Campbell River, and two have opened on the Coquihalla segment of B.C.'s Electric Highway at the Britton Creek rest area.

A further six stations are located throughout the East Kootenay and B.C. Hydro says the next phase of its program will connect drivers travelling between Kamloops and Prince George, while stations in Prince Rupert are also being planned.

BC Hydro has also opened a fast charging site in Lillooet, illustrating expansion into smaller communities.

Hydro spokeswoman Mora Scott says the stations can charge an electric vehicle to 80 per cent in just 30 minutes, at a cost of 35 cents per kilowatt hour.

Mora Scott says that translates to roughly $3.50 for the equivalent of a full tank of gas in the average four-cylinder car.

“The number of electric vehicles on B.C. roads is increasing, there’s currently around 9,000 across the province, and we actually expect that number to rise to 300,000 by 2030,” Scott says in a news release.

In partnership with municipalities, regional districts and several businesses, B.C. Hydro has been installing charging stations throughout the province since 2012 with support from the provincial and federal governments and programs such as EV charger rebates available to residents.

Scott says the utility wants to ensure the stations are placed where drivers need them so charging options are available provincewide.

“One big thing that we know drivers of electric vehicles worry about is the concept called range anxiety, that the stations aren’t going to be where they need them,” she says.

Several models of electric vehicle are now capable of travelling up to 500 kilometres on a single charge, says Scott.

BC Hydro president Chris O’Riley says the new charging sites will encourage electric vehicle drivers to explore B.C. this summer.

 

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Ontario confronts reality of being short of electricity in the coming years

Ontario electricity shortage is looming, RBC and IESO warn, as EV electrification surges, Pickering nuclear faces delays, and gas plants backstop expiring renewables, raising GHG emissions and grid reliability concerns across the province.

 

Key Points

A projected supply shortfall as demand rises from electrification, expiring contracts, and delayed nuclear capacity.

✅ RBC warns shortages as early as 2026, significant by 2030

✅ IESO sees EV-driven demand; 5,000-15,000 MW by 2035

✅ Gas reliance boosts GHGs; Pickering life extension assessed

 

In a fit of ideological pique, Doug Ford’s government spent more than $200 million to scrap more than 700 green energy projects soon after winning the 2018 election, amid calls to make clean, affordable power a central issue, portraying them as “unnecessary and expensive energy schemes.”

A year later, then Associate Energy Minister Bill Walker defended the decision, declaring, “Ontario has an adequate supply of power right now.”

Well, life moves fast. At the time, scrapping the renewable energy projects was criticized as short-sighted and wasteful, raising doubts about whether Ontario was embracing clean power in a meaningful way. It seems especially so now as Ontario confronts the reality of being short of electricity in the coming years.

How short? A recent report by RBC calls the situation “urgent,” saying that Canada’s most populous province could face energy shortages as early as 2026. As contracts for non-hydro renewables and gas plants expire, the shortages could be “significant” by 2030, the bank report said, with grid greening costs adding to the challenge.

The Independent Electricity System Operator (IESO), which manages the electrical supply in Ontario, says demand for electricity could rise at rates not seen in many years, as the government moves to add new gas plants to boost capacity. “Economic growth coming out of the pandemic, along with electrification in many sectors, is driving energy use up,” the agency said in a December assessment.

The good news is that demand is being driven, in part, by the transition to “green” power – carbon-emission-free electricity – by sectors such as transportation and manufacturing. That will help reduce emissions. Yet meeting that demand presents some challenges, prompting the province to outline a plan to address growing needs across the system. The shift to electric vehicles alone is expected to cause a spike in demand starting in 2030. By 2035, the province could need an additional 5,000 to 15,000 megawatts of electricity, the IESO estimates.

It was perhaps no surprise then to see the province announce last week that it wants to delay the long-planned closing of the Pickering nuclear plant by a year to 2026, even as others note the station is slated to close as planned. Operations beyond that would require refurbishing the facility. The province said it’s taking a fresh look at whether that would make sense to extend its life by another 30 years.

In the interim, the province will be forced to dramatically ramp up its reliance on natural gas plants for electricity generation – and, as analysts warn, Ontario’s power mix could get dirtier even before new non-emitting capacity is built, and in the process, increase greenhouse gas emissions from the energy grid by 400 per cent. Broader electrification is expected to produce “significant” GHG emissions reductions in Ontario over the next two decades, according to the IESO. Still, it’s working at cross-purposes if your electric car is charged by electricity generated by fossil fuels.

 

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Hydro One: No cut in peak hydro rates yet for self-isolating customers

Hydro One COVID-19 Rate Relief responds to time-of-use pricing, peak rates, and Ontario Energy Board rules as residents stay home, offering a Pandemic Relief Fund, flexible payments, and support for electricity bills amid off-peak adjustments.

 

Key Points

Hydro One's COVID-19 rate relief includes payment flexibility and hardship aid to ease time-of-use bill burdens.

✅ Advocates flexibility on time-of-use and peak rate impacts

✅ Pandemic Relief Fund offers aid and payment options

✅ OEB sets prices; utilities relay concerns and support

 

Hydro One says it is listening to requests by self-isolating residents for reduced kilowatt hour peak rates during the day when most people are home riding out the COVID-19 pandemic.

Peak rates of 20.8 cents per kw/h are twice as high from 7 a.m. to 7 p.m. – except weekends – than off-peak rates of 10.1 cents per kw/h and set by the Ontario Energy Board and not electricity providers such as Hydro One and Elexicon (formerly Veridian).

Frustrated electrical customers have signed their John Henry’s more than 50,000 times to a change.org petition demanding Hydro One temporarily slash rates for those already struggling with work closures and loss of income amid concerns about a potential recovery rate that could raise bills.

Alex Stewart, media relations spokesman for Hydro One, said the corporation is working toward a solution.

“While we are regulated to adhere to time-of-use pricing by the Ontario Energy Board, we’ve heard the concerns about time-of-use pricing and the idea of a fixed COVID-19 hydro rate as many of our customers will stay home to stop the spread of COVID-19,” Stewart told The Intelligencer.

“We continue to advocate for greater choice during this difficult time and are working with everyone in the electricity sector to ensure our customers are heard.”

Stewart said the electricity provider is reaching out to customers to help them during a difficult self-isolating and social distancing period in other ways to bring financial relief.

For example, new hardship measures are now in play by Hydro One to give customers some relief from ballooning electricity bills.

“This is a difficult time for everyone. Hydro One has launched a new Pandemic Relief Fund to support customers affected by the novel coronavirus COVID-19. As part of our commitment to customers, we will offer financial assistance, as well as increased payment flexibility, to customers experiencing hardship,” Stewart said.

“Hydro One is also extending its Winter Relief program to halt disconnections and reconnections to customers experiencing hardship during the coldest months of the year. This is about doing the right thing and offering flexibility to our customers so they have peace of mind and can concentrate on what matters most – keeping their loved ones safe.”

Stewart said customers having difficult times can visit the company’s website for more details at www.HydroOne.com/ReliefFund.

Elexicon Energy, meanwhile, said earlier the former Veridian company is passing along concerns to the OEB but otherwise can’t lower the rates unless directed to do so, as occurred when the province set off-peak pricing temporarily.

Chris Mace, Elexicon corporate communications spokesperson, said, “We don’t have the authority to do that.

“The Ontario Energy Board sets the energy prices. This is in the Ministry of Energy’s hands. We at Elexicon, along with other local distribution companies (LDC), have shared this feedback with the ministry and OEB to come up with some sort of solution or alternative. But this is out of our hands. We can’t shift anything.”

He suggested residents can shift the use of higher-drawing electrical appliances to early morning before 7 or in the evening after 7 p.m. when ultra-low overnight rates may apply.

Families may want to be “mindful whether it be cooking or laundry and so on and holding off on doing those until off-peak hours take effect. We are hearing customers and we have passed along those concerns to the ministry and the OEB.”

Hydro One power tips

Certain electrical uses in the home consumer more power than others, as reflected in Ontario’s electricity cost allocation approach:

62 per cent goes to space heating
19 per cent goes to water heaters
13 per cent goes to appliances
2 per cent goes to space cooling

 

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Purdue: As Ransomware Attacks Increase, New Algorithm May Help Prevent Power Blackouts

Infrastructure Security Algorithm prioritizes cyber defense for power grids and critical infrastructure, mitigating ransomware, blackout risks, and cascading failures by guiding utilities, regulators, and cyber insurers on optimal security investment allocation.

 

Key Points

An algorithm that optimizes security spending to cut ransomware and blackout risks across critical infrastructure.

✅ Guides utilities on optimal security allocation

✅ Uses incentives to correct human risk biases

✅ Prioritizes assets to prevent cascading outages

 

Millions of people could suddenly lose electricity if a ransomware attack just slightly tweaked energy flow onto the U.S. power grid, as past US utility intrusions have shown.

No single power utility company has enough resources to protect the entire grid, but maybe all 3,000 of the grid's utilities could fill in the most crucial security gaps if there were a map showing where to prioritize their security investments.

Purdue University researchers have developed an algorithm to create that map. Using this tool, regulatory authorities or cyber insurance companies could establish a framework for protecting the U.S. power grid that guides the security investments of power utility companies to parts of the grid at greatest risk of causing a blackout if hacked.

Power grids are a type of critical infrastructure, which is any network - whether physical like water systems or virtual like health care record keeping - considered essential to a country's function and safety. The biggest ransomware attacks in history have happened in the past year, affecting most sectors of critical infrastructure in the U.S. such as grain distribution systems in the food and agriculture sector and the Colonial Pipeline, which carries fuel throughout the East Coast, prompting increased military preparation for grid hacks in the U.S.

With this trend in mind, Purdue researchers evaluated the algorithm in the context of various types of critical infrastructure in addition to the power sector, including electricity-sector IoT devices that interface with grid operations. The goal is that the algorithm would help secure any large and complex infrastructure system against cyberattacks.

"Multiple companies own different parts of infrastructure. When ransomware hits, it affects lots of different pieces of technology owned by different providers, so that's what makes ransomware a problem at the state, national and even global level," said Saurabh Bagchi, a professor in the Elmore Family School of Electrical and Computer Engineering and Center for Education and Research in Information Assurance and Security at Purdue. "When you are investing security money on large-scale infrastructures, bad investment decisions can mean your power grid goes out, or your telecommunications network goes out for a few days."

Protecting infrastructure from hacks by improving security investment decisions

The researchers tested the algorithm in simulations of previously reported hacks to four infrastructure systems: a smart grid, industrial control system, e-commerce platform and web-based telecommunications network. They found that use of this algorithm results in the most optimal allocation of security investments for reducing the impact of a cyberattack.

The team's findings appear in a paper presented at this year's IEEE Symposium on Security and Privacy, the premier conference in the area of computer security. The team comprises Purdue professors Shreyas Sundaram and Timothy Cason and former PhD students Mustafa Abdallah and Daniel Woods.

"No one has an infinite security budget. You must decide how much to invest in each of your assets so that you gain a bump in the security of the overall system," Bagchi said.

The power grid, for example, is so interconnected that the security decisions of one power utility company can greatly impact the operations of other electrical plants. If the computers controlling one area's generators don't have adequate security protection, as seen when Russian hackers accessed control rooms at U.S. utilities, then a hack to those computers would disrupt energy flow to another area's generators, forcing them to shut down.

Since not all of the grid's utilities have the same security budget, it can be hard to ensure that critical points of entry to the grid's controls get the most investment in security protection.

The algorithm that Purdue researchers developed would incentivize each security decision maker to allocate security investments in a way that limits the cumulative damage a ransomware attack could cause. An attack on a single generator, for instance, would have less impact than an attack on the controls for a network of generators, which sophisticated grid-disruption malware can target at scale, rather than for the protection of a single generator.

Building an algorithm that considers the effects of human behavior

Bagchi's research shows how to increase cybersecurity in ways that address the interconnected nature of critical infrastructure but don't require an overhaul of the entire infrastructure system to be implemented.

As director of Purdue's Center for Resilient Infrastructures, Systems, and Processes, Bagchi has worked with the U.S. Department of Defense, Northrop Grumman Corp., Intel Corp., Adobe Inc., Google LLC and IBM Corp. on adopting solutions from his research. Bagchi's work has revealed the advantages of establishing an automatic response to attacks, and analyses like Symantec's Dragonfly report highlight energy-sector risks, leading to key innovations against ransomware threats, such as more effective ways to make decisions about backing up data.

There's a compelling reason why incentivizing good security decisions would work, Bagchi said. He and his team designed the algorithm based on findings from the field of behavioral economics, which studies how people make decisions with money.

"Before our work, not much computer security research had been done on how behaviors and biases affect the best defense mechanisms in a system. That's partly because humans are terrible at evaluating risk and an algorithm doesn't have any human biases," Bagchi said. "But for any system of reasonable complexity, decisions about security investments are almost always made with humans in the loop. For our algorithm, we explicitly consider the fact that different participants in an infrastructure system have different biases."

To develop the algorithm, Bagchi's team started by playing a game. They ran a series of experiments analyzing how groups of students chose to protect fake assets with fake investments. As in past studies in behavioral economics, they found that most study participants guessed poorly which assets were the most valuable and should be protected from security attacks. Most study participants also tended to spread out their investments instead of allocating them to one asset even when they were told which asset is the most vulnerable to an attack.

Using these findings, the researchers designed an algorithm that could work two ways: Either security decision makers pay a tax or fine when they make decisions that are less than optimal for the overall security of the system, or security decision makers receive a payment for investing in the most optimal manner.

"Right now, fines are levied as a reactive measure if there is a security incident. Fines or taxes don't have any relationship to the security investments or data of the different operators in critical infrastructure," Bagchi said.

In the researchers' simulations of real-world infrastructure systems, the algorithm successfully minimized the likelihood of losing assets to an attack that would decrease the overall security of the infrastructure system.

Bagchi's research group is working to make the algorithm more scalable and able to adapt to an attacker who may make multiple attempts to hack into a system. The researchers' work on the algorithm is funded by the National Science Foundation, the Wabash Heartland Innovation Network and the Army Research Lab.

Cybersecurity is an area of focus through Purdue's Next Moves, a set of initiatives that works to address some of the greatest technology challenges facing the U.S. Purdue's cybersecurity experts offer insights and assistance to improve the protection of power plants, electrical grids and other critical infrastructure.

 

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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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Live Online & In-person Group Training

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

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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.