Washington Legislature should fix renewable energy law

By Port Orchard Independent - Don Brunell


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In their successful initiative campaign two years ago, I-937 proponents told voters their goal was to replace carbon-based electricity with renewable energy — a concept we all support within reason.

But the fine print of I-937 makes it virtually impossible to meet that goal. Even so, some lawmakers want to raise the bar even higher next year.

ItÂ’s time for legislators and the Governor to revisit I-937 to make it more workable and protect Washington ratepayers from skyrocketing electricity costs.

It is also time for our elected officials to ensure that reasonably priced, reliable electricity continues to be available to those businesses and industries that locate in our state because of low cost power.

Washington is a high cost state for business and industry, and the offsetting trump card has been abundant low cost electricity.

I-937 mandates that utilities with more than 25,000 customers get 15 percent of their power from renewable sources by 2020 or pay stiff fines and penalties.

Raising that mandate to 25 percent by 2025, as some lawmakers are expected to propose next January, only digs into our family budgets and impacts employersÂ’ ability to provide jobs.

The irony is that I-937 expressly excludes most hydropower, an affordable renewable energy source that provides 70 percent of our stateÂ’s power needs.

That exclusion forces utilities to sell our affordable hydropower to other states and buy more expensive forms of renewable energy to meet I-937Â’s mandates.

The result: Ever higher utility bills for Washington families.

While I-937 purports to encourage the use of wind power and solar energy, the initiative handcuffs utilities by prohibiting them from purchasing power produced outside the boundaries of the Bonneville Power Administration.

By broadening our reach to the area covered by the Western Electricity Coordinating Council (WECC), we could get wind power from eastern Montana, biomass energy from Canada and solar energy from Nevada.

WECC is an organization of bulk power producers and electrical transmission operators. WECCÂ’s service territory includes all or portions of 14 Western states and the provinces of Alberta and British Columbia.

This reach and diversity provides efficiency, reliability and economy of scale in a competitive marketplace that will benefit Washington ratepayers with lower electricity rates.

If lawmakers and the governor really want to be creative, they would allow utilities to buy renewable power from anywhere.

For example, that would allow utilities to compete for all the new wind generation in Texas, North and South Dakota and other Plains states where the new investments are going.

It was clear from the beginning that I-937 stacked the deck against coal-fired plants, even though clean coal technology all but eliminates carbon dioxide and other greenhouse gases.

I-937 also deters construction of new natural gas turbines even though they are the quickest power source to bring on line to meet our immediate family and work needs at more reasonable costs.

But by unreasonably restricting the availability of renewable energy, I-937 puts our state at a competitive disadvantage. It hamstrings utilities and increases costs for ratepayers. The bottom line question for the initiative backers is this:

• Are they willing to change their mandates so we will have reasonably priced, reliable power?

• If they aren’t, are the governor and Legislature willing to take them on and change the law for Washington families, the employers who provide jobs for those families, and for hospitals, schools and Internet server farms?

A better approach is to count hydropower as renewable energy, allow our utilities to purchase renewable power in a competitive marketplace, encourage continued development of alternatives such as clean coal, and replace mandates with a series of incentives that help expedite our transition from fossil fuels to non-carbon based energy.

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Niagara Falls Powerhouse Gets a Billion-Dollar Upgrade for the 21st Century

Sir Adam Beck I refurbishment boosts hydropower capacity in Niagara, upgrading turbines, generators, and controls for Ontario Power Generation. The billion-dollar project enhances grid reliability, clean energy output, and preserves heritage architecture.

 

Key Points

An OPG upgrade of the historic Niagara plant to replace equipment, add 150 MW, and extend clean power life.

✅ Adds at least 150 MW to Ontario's clean energy supply

✅ Replaces turbines, generators, transformers, and controls

✅ Creates hundreds of skilled construction and engineering jobs

 

Ontario's iconic Sir Adam Beck hydroelectric generating station in Niagara is set to undergo a massive, billion-dollar refurbishment. The project will significantly boost the power station's capacity and extend its lifespan, with efforts similar to revitalizing older dams seen across North America, ensuring a reliable supply of clean energy for decades to come.


A Century of Power Generation

The Sir Adam Beck generating stations have played a pivotal role in Ontario's power grid for over a century. The first generating station, Sir Adam Beck I, went online in 1922, followed by Sir Adam Beck II in 1954. A third station, the Sir Adam Beck Pump Generating Station, was added in 1957, highlighting the role of pumped storage in Ontario for grid flexibility, Collectively, they form one of the largest hydroelectric complexes in the world, harnessing the power of the Niagara River.


Preparing for Increased Demand

The planned refurbishment of Sir Adam Beck I is part of Ontario Power Generation's broader strategy, which includes the life extension at Pickering NGS among other initiatives, to meet the growing energy demands of the province. With the population expanding and a shift towards electrification, Ontario will need to increase its power generation capacity while also focusing on sustainable and clean sources of energy.


Billions to Secure Sustainable Energy

The project to upgrade Sir Adam Beck I carries a hefty price tag of over a billion dollars but is considered a vital investment in Ontario's energy infrastructure, and recent OPG financial results underscore the utility's capacity to manage long-term capital plans. The refurbishment will see the replacement of aging turbines, generators, and transformers, and a significant upgrade to the station's control systems. Following the refurbishment, the output of Sir Adam Beck I is expected to increase by at least 150 megawatts – enough to power thousands of homes and businesses.


Creating Green Jobs

In addition to securing the province's energy future, the upgrade presents significant economic benefits to the Niagara region. The project will create hundreds of well-paying construction and engineering jobs, similar to employment from the continued operation of Pickering Station across Ontario, during the several years it will take to implement the upgrades.


Commitment to Hydropower

Ontario Power Generation (OPG) has long touted the benefits of hydropower as a reliable, renewable, and affordable source of energy, even as an analysis of rising grid emissions underscores the importance of clean generation to meet demand. The Sir Adam Beck complex is a shining example and represents a significant asset in the fight against climate change while providing reliable power to Ontario's businesses and residents.


Balancing Energy Needs with Heritage Preservation

The refurbishment will also carefully integrate modern design with the station's heritage elements, paralleling decisions such as the refurbishment of Pickering B that weigh system needs and public trust. Sir Adam Beck I is a designated historic site, and the project aims to preserve the station's architectural significance while enhancing its energy generation capabilities.

 

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New York State Moratorium on Utility Disconnections During Emergencies

New York Utility Disconnection Ban protects residents during state emergencies, covering electric, gas, water, telecommunications, cable, and internet services, with penalties for noncompliance and options like deferred payment agreements and consumer protections.

 

Key Points

A proposed law barring shutoffs in state emergencies across electric, gas, water, telecom, cable, and internet.

✅ Applies during declared state and local emergencies statewide.

✅ Covers electric, gas, water, telecom, cable, and internet services.

✅ Noncompliance triggers penalties; payment plans required for arrears.

 

Governor Andrew M. Cuomo has announced a proposal to prohibit utility disconnections in regions that are under a state of emergency, addressing the energy insecurity many households face, as part of the 2021 State of the State. The Governor will propose legislation that will apply to electric, gas, water, telecommunications, cable and internet services. Utilities that fail to comply will be subject to penalties.

“In a year in which we dealt with an unprecedented pandemic, ferocious storms added insult to injury by knocking out power for hundreds of thousands of New Yorkers,” Governor Cuomo said. “Utility companies provide essential services, and we need to make sure they continue to provide them, rain or shine. That’s why we’re proposing legislation to make sure that New Yorkers, especially those living in regions under states of emergency, have access to these critical services to provide for themselves and their families.”

Governor Cuomo has taken a series of actions to protect New Yorkers’ access to utilities during the COVID-19 pandemic, including a suspension of shut-offs in New York and New Jersey, among other measures. Last year, the Governor signed legislation extending a moratorium that prevents utility companies from disconnecting utilities to residential households that are struggling with their bills due to the COVID-19 pandemic, a move mirrored by reconnection efforts in Ontario by Hydro One. Utility companies must instead offer these individuals a deferred payment agreement on any past-due balance. 

On November 19, Governor Cuomo announced that Con Edison now faces $25 million in penalties and possible license revocation from the New York State Public Service Commission, amid a broader review of retail energy markets by state regulators, following an investigation into the utility’s failed response during large-scale power outages in Manhattan and Brooklyn in July 2019. On November 2, Governor Cuomo announced that more than $328 million in home heating aid is now available, similar to Ontario bill support during the pandemic, for low- and middle-income New Yorkers who need assistance keeping their homes warm during the coming winter season.

The Governor has previously enacted some of the strongest and most progressive consumer protection and assistance programs in the country, including smart streetlights in Syracuse that reduce energy costs, and other initiatives. Governor Cuomo established New York’s energy affordability policy in 2016, as states pursue renewable energy ambitions that can affect rates, underscoring the need for affordability. The policy extended energy bill support to more than 152,000 additional New York families, ensuring that more than 920,000 New York families spend no more than 6 percent of their income on energy bills. Through this program, New York commits more than $238 million annually helping to keep the lights and heat on for our most vulnerable New Yorkers, while actively striving to expand coverage to additional families.

 

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Ontario energy minister asks for early report exploring a halt to natural gas power generation

Ontario Natural Gas Moratorium gains momentum as IESO weighs energy storage, renewables, and demand management to meet rising electricity demand, ensure grid reliability, and advance zero-emissions goals while long-term capacity procurements proceed.

 

Key Points

A proposed halt on new gas plants as IESO assesses storage and renewables to maintain reliability and cut emissions.

✅ Minister seeks interim IESO report by Oct. 7

✅ Near-term contracts extend existing gas plants for reliability

✅ Long-term procurements emphasize storage, renewables, conservation

 

Ontario's energy minister says he doesn't think the province needs any more natural gas generation and has asked the electricity system regulator to speed up a report exploring a moratorium.

Todd Smith had previously asked the Independent Electricity System Operator (IESO) to report back by November on the feasibility of a moratorium and a plan to get to zero emissions in the electricity sector.

He has asked them today for an interim report by Oct. 7 so he can make a decision on a moratorium before the IESO secures contracts over the long term for new power generation.

"I've asked the IESO to speed up that report back to us so that we can get the information from them as to what the results would be for our grid here in Ontario and whether or not we actually need more natural gas," Smith said Tuesday after question period.

"I don't believe that we do."

Smith said that is because of the "huge success" of two updates provided Tuesday by the IESO to its attempts to secure more electricity supply for both the near term and long term. Demand is growing by nearly two per cent a year, while Ontario is set to lose a significant amount of nuclear generation, including the planned shutdown of the Pickering nuclear station over the next few years.

'For the near term, we need them,' regulator says
The regulator today released a list of 55 qualified proponents for those long-term bids and while it says there is a significant amount of proposed energy storage projects on that list, there are some new gas plants on it as well.

Chuck Farmer, the vice-president of planning, conservation and resource adequacy at the IESO, said it's hoped that the minister makes a decision on whether or not to issue a moratorium on new gas generation before the regulator proceeds with a request for proposals for long-term contracts.

The IESO also announced six new contracts — largely natural gas, with a small amount of wind power and storage — to start in the next few years. Farmer noted that these contracts were specifically for existing generators whose contracts were ending, while the province is exploring new nuclear plants for the longer term.

"When you look at the pool of generation resources that were in that situation, the reality is most of them were actually natural gas plants, and that we are relying on the continued use of the natural gas plants in the transition," he said in an interview. 

"So for the near term, we need them for the reliability of the system."

The upcoming request for proposals for more long-term contracts hopes to secure 3,500 megawatts of capacity, as Ontario faces an electricity shortfall in the coming years, and Farmer said the IESO plans to run a series of procurements over the next few years.

Opposition slams reliance on natural gas
The NDP and Greens on Tuesday criticized Ontario's reliance in the near term on natural gas because of its environmental implications.

The IESO has said that due to natural gas, greenhouse gas emissions from the electricity sector are set to increase for the next two decades, but by about 2038 it projects the net reductions from electric vehicles will offset electricity sector emissions.

Green Party Leader Mike Schreiner said it makes no sense to ramp up natural gas, both for the climate and for people's wallets.

"The cost of wind and solar power is much lower than gas," he said.

Ontario quietly revises its plan for hitting climate change targets
"We're in a now-or-never moment to address the climate crisis and the government is failing to meet this moment."

Interim NDP Leader Peter Tabuns said Ontario wouldn't be in as much of a supply crunch if the Progressive Conservative government hadn't cancelled 750 green energy contracts during their first term.

The Tories argued the province didn't need the power and the contracts were driving up costs for ratepayers, amid debate over whether greening the grid would be affordable.

The IESO said it is also proposing expanding conservation and demand management programs, as a "highly cost-effective" way to reduce strain on the system, though it couldn't say exactly what is on the table until the minister accepts the recommendation.

 

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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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Ontario's five largest electricity providers join together to warn of holiday scams

Ontario Electricity Bill Scams: beware phishing, spoofed calls, fake invoices, and disconnection threats demanding prepaid cards, gift cards, or Bitcoin; verify with Hydro One, Alectra, Toronto Hydro, Elexicon, or Hydro Ottawa customer service.

 

Key Points

Fraud schemes impersonating utilities via calls, texts, emails, or fake bills to coerce instant payment with threats.

✅ Never pay by gift cards, prepaid debit, or Bitcoin.

✅ Do not call numbers in messages; use your bill or utility website.

✅ Verify IDs; report threats or door-to-door demands to police.

 

Ontario’s five largest electricity utilities have teamed up to warn the public about ongoing scams concerning fake phone calls, texts and bills connected to the utility accounts.

“We always receive these reports of scams and it gets increasingly higher during the holidays when people are busy and enjoying the season," said Whitney Brhelle, spokesperson with Hydro One.

Hydro One joined with Alectra Utilities, Elexicon Energy, Hydro Ottawa and Toronto Hydro to get the message out that scammers are targeting customers and threatening to turn off their power.

Scams involve impersonation of a local utility or its employees, threatening phone calls, texts or emails and pressure for immediate payment that come with threats to disconnect service the same day.

Criminals may demand payment in prepaid debit cards, gift cards or Bitcoin. Utilities said they would never call a customer without notice and threaten disconnection over the phone.

In a separate case, authorities in Montreal arrested suspects in an electricity theft ring that highlights broader energy-related crime.

“People have been calling customers and saying you need to pay your bill immediately and they are threatened with disconnection, often citing supposed changes to peak hydro rates to add pressure, which is something that we would ever do," said Kimberly Brathwaite, spokesperson with Elexicon Energy.

Scammers are also creating fake bills that look like the real thing.

“Scammers will actually take our Alectra logo and send out various authentic looking documents to people’s homes, so people have to be aware and check their statements very carefully” said Ashley Trgachef spokesperson with Alectra Utilities.

Customers are advised to never make a payment not listed on their recent bill and to ignore texts or emails with links promising refunds, and to verify any official relief fund information only through their utility and not to provide personal information or details about their account.

If you are given a number to call don’t call the number provided, you are better off to go to your bill or the utility’s website to makes sure it is the correct number for customer service and to review information about customer flexibility there.

Some scammers have even gone door to door demanding payment, and the utilities are advising anyone who feels threatened to call police.

They are also asking that you share the information with family and friends to be careful if they are contacted by someone claiming to be with their electricity company.

If you fall for a scam and money is sent, it's very difficult to get it back.  

 

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Ottawa making electricity more expensive for Albertans

Alberta Electricity Price Surge reflects soaring wholesale rates, natural gas spikes, carbon tax pressures, and grid decarbonization challenges amid cold-weather demand, constrained supply, and Europe-style energy crisis impacts across the province.

 

Key Points

An exceptional jump in Alberta's power costs driven by gas price spikes, high demand, policy costs, and tight supply.

✅ Wholesale prices averaged $123/MWh in December

✅ Gas costs surged; supply constraints and outages

✅ Carbon tax and decarbonization policies raised costs

 

Albertans just endured the highest electricity prices in 21 years. Wholesale prices averaged $123 per megawatt-hour in December, more than triple the level from the previous year and highest for December since 2000.

The situation in Alberta mirrors the energy crisis striking Europe where electricity prices are also surging, largely due to a shocking five-fold increase in natural gas prices in 2021 compared to the prior year.

The situation should give pause to Albertans when they consider aggressive plans to “decarbonize” the electric grid, including proposals for a fully renewable grid by 2030 from some policymakers.

The explanation for skyrocketing energy prices is simple: increased demand (because of Calgary's frigid February demand and a slowly-reviving post-pandemic economy) coupled with constrained supply.

In the nitty gritty details, there are always particular transitory causes, such as disputes with Russian gas companies (in the case of Europe) or plant outages (in the case of Alberta).

But beyond these fleeting factors, there are more permanent systemic constraints on natural gas (and even more so, coal-fired) power plants.

I refer of course to the climate change policies of the Trudeau government at the federal level and some of the more aggressive provincial governments, which have notable implications for electricity grids across Canada.

The most obvious example is the carbon tax, the repeal of which Premier Jason Kenney made a staple of his government.

Putting aside the constitutional issues (on which the Supreme Court ruled in March of last year that the federal government could impose a carbon tax on Alberta), the obvious economic impact will be to make carbon-sourced electricity more expensive.

This isn’t a bug or undesired side-effect, it’s the explicit purpose of a carbon tax.

Right now, the federal carbon tax is $40 per tonne, is scheduled to increase to $50 in April, and will ultimately max out at a whopping $170 per tonne in 2030.

Again, the conscious rationale of the tax, aligned with goals for cleaning up Canada's electricity, is to make coal, oil and natural gas more expensive to induce consumers and businesses to use alternative energy sources.

As Albertans experience sticker shock this winter, they should ask themselves — do we want the government intentionally making electricity and heating oil more expensive?

Of course, the proponent of a carbon tax (and other measures designed to shift Canadians away from carbon-based fuels) would respond that it’s a necessary measure in the fight against climate change, and that Canada will need more electricity to hit net-zero according to the IEA.

Yet the reality is that Canada is a bit player on the world stage when it comes to carbon dioxide, responsible for only 1.5% of global emissions (as of 2018).

As reported at this “climate tracker” website, if we look at the actual policies put in place by governments around the world, they’re collectively on track for the Earth to warm 2.7 degrees Celsius by 2100, far above the official target codified in the Paris Agreement.

Canadians can’t do much to alter the global temperature, but federal and provincial governments can make energy more expensive if policymakers so choose, and large-scale electrification could be costly—the Canadian Gas Association warns of $1.4 trillion— if pursued rapidly.

As renewable technologies become more reliable and affordable, business and consumers will naturally adopt them; it didn’t take a “manure tax” to force people to use cars rather than horses.

As official policy continues to make electricity more expensive, Albertans should ask if this approach is really worth it, or whether options like bridging the Alberta-B.C. electricity gap could better balance costs.

Robert P. Murphy is a senior fellow at the Fraser Institute.

 

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