A123 in talks to settle battery patent fight

By Bloomberg


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A123 Systems Inc., a maker of lithium batteries for plug-in cars that has only just now sold stock, is in talks to end a patent dispute with the University of Texas and Hydro-Quebec over technology underlying its products.

The parties “continue to engage in ongoing settlement discussions that may resolve the issues in dispute in this matter,” A123 said in a September 15 court filing. Shares of the Watertown, Massachusetts-based company soared 50 percent in the first day of trading on optimism A123 will benefit from the U.S. push for battery-powered vehicles.

“We have a strong business model and don’t see this as a major issue,” Ric Fulop, A123’s co-founder and vice president of business development, said in an interview. He declined to discuss the litigation or settlement discussions.

A123Â’s goal is to be the top U.S. supplier of batteries for cars powered solely or in part by electricity as the Obama administration pushes for vehicles that cut gasoline use and carbon exhaust. Customers for the company, partly owned by General Electric Co., include Bayerische Motoren Werke AG, Chrysler Group LLC, General Motors Co., Shanghai Automotive Industry Corp. and Delphi Corp., according to a September 22 prospectus.

A123 rose $6.79, or 50 percent, to $20.29 in trading of 41 million shares on the Nasdaq Stock Market.

The university, located in Austin, and Hydro-Quebec, CanadaÂ’s largest utility, sued A123, Black & Decker Corp. and China BAK Battery Inc. in 2006, claiming the companies were using school inventions in Black & DeckerÂ’s DeWalt cordless power tools. A123 sued Hydro-Quebec, seeking to invalidate the patents or get a ruling the inventions werenÂ’t used in A123Â’s battery technology.

Both cases were put on hold while the U.S. Patent and Trademark Office reviewed the patents. The patents were reissued with some alterations. The companies are fighting over whether the dispute, if revived, should be handled in federal court in Dallas, where the universityÂ’s suit was filed, or in Boston, where A123 sued Montreal-based Hydro-Quebec.

In a September 22 regulatory filing, A123 said it could be forced to pay “substantial damages” if the case isn’t resolved in its favor.

“In addition, an adverse ruling could cause us, and our customers, development partners and licensees, to stop, modify or delay activities in the United States such as research, development, manufacturing and sales of products based on technologies covered by these patents,” A123 said in the filing.

A123Â’s competitors in the emerging market to supply lithium-ion batteries for passenger vehicles include Panasonic EV Energy Co., a Toyota Motor Corp. subsidiary thatÂ’s the largest supplier of hybrid car packs, GS Yuasa Corp., South KoreaÂ’s LG Chem Ltd., Johnson Controls-Saft Advanced Power Solutions LLC and ChinaÂ’s BYD Co., in which Warren Buffett has a HK$1.8 billion (US$232 million) stake.

The university said its technology related to rechargeable lithium iron-phosphate batteries was developed by John Goodenough, a scientist and professor working at the schoolÂ’s material science and engineering department. Hydro-Quebec licensed the patents with the rights to make cathode materials and batteries based on GoodenoughÂ’s inventions, according to the schoolÂ’s complaint.

The agreement gives Hydro-Quebec exclusive worldwide rights to make and sell lithium iron-phosphate batteries for computers, tools, scooters, consumer electronics and hybrid electric vehicles, the university contends.

China BAK, based in Kuichong Town, Shenzhen, makes the A123 batteries which are used in the tools made by Towson, Maryland- based Black & Decker. A123, founded by Fulop and Yet-Ming Chiang, a Massachusetts Institute of Technology scientist, said it improved upon the Texas universityÂ’s work.

The university, in its complaint, contended that A123 was “building its business on infringing products,” described its patents as “pioneering” and said any battery cathode materials using the iron-phosphate technology are infringing its patents.

The University of Texas wants to amend the complaint to reflect changes that were made during the patent office review process. A123Â’s September 15 filing was to seek more time to respond to that request.

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Hitachi freezes British nuclear project, books $2.8bn hit

Hitachi UK Nuclear Project Freeze reflects Horizon Nuclear Power's suspended Anglesey plant amid Brexit uncertainty, investor funding gaps, rising safety regulation costs, and a 300 billion yen write-down, impacting Britain's low-carbon electricity plans.

 

Key Points

Hitachi halted Horizon's Anglesey nuclear plant over funding and Brexit risks, recording a 300 billion yen write-down.

✅ 3 trillion yen UK nuclear project funding stalled

✅ 300 billion yen impairment wipes Horizon asset value

✅ Brexit, safety rules raised costs and investor risk

 

Japan’s Hitachi Ltd said on Thursday it has decided to freeze a 3 trillion yen ($28 billion) British nuclear power project and will consequently book a write down of 300 billion yen.

The suspension comes as Hitachi’s Horizon Nuclear Power failed to find private investors for its plans to build a plant in Anglesey, Wales, where local economic concerns have been raised, which promised to provide about 6 percent of Britain’s electricity.

“We’ve made the decision to freeze the project from the economic standpoint as a private company,” Hitachi said in a statement.

Hitachi had called on the British government to boost financial support for the project to appease investor anxiety, but turmoil over the country’s impending exit from the European Union limited the government’s capacity to compile plans, people close to the matter previously said.

Hitachi had called on the British government to boost financial support for the project to appease investor anxiety, but turmoil over the country’s impending exit from the European Union and setbacks at Hinkley Point C limited the government’s capacity to compile plans, people close to the matter previously said.

Hitachi had banked on a group of Japanese investors and the British government each taking a one-third stake in the equity portion of the project, the people said. The project would be financed one-third by equity and rest by debt.

The nuclear writedown wipes off the Horizon unit’s asset value, which stood at 296 billion yen as of September-end.

Hitachi stopped short of scrapping the northern Wales project. The company will continue to discuss with the British government on nuclear power, it said.

However, industry sources said hurdles to proceed with the project are high considering tighter safety regulations since a meltdown at Japan’s Fukushima nuclear power plant in 2011 drove up costs, even as Europe’s nuclear decline strains energy planning.

Analysts and investors viewed the suspension as an effective withdrawal and saw the decision as a positive step that has removed uncertainties for the Japanese conglomerate.

Hitachi bought Horizon in 2012 for 696 million pounds ($1.12 billion), fromE.ON and RWE as the German utilities decided to sell their joint venture following Germany’s nuclear exit after the Fukushima accident.

Hitachi’s latest decision further dims Japan’s export prospects, even as some peers pursue UK offshore wind investments to diversify.

Toshiba Corp last year scrapped its British NuGen project after its US reactor unit Westinghouse went bankrupt, while Westinghouse in China reported no major impact, and it failed to sell NuGen to South Korea’s KEPCO.

Mitsubishi Heavy Industries Ltd has effectively abandoned its Sinop nuclear project in Turkey, a person involved in the project previously told Reuters, as cost estimates had nearly doubled to around 5 trillion yen.

 

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Ireland and France will connect their electricity grids - here's how

Celtic Interconnector, a subsea electricity link between Ireland and France, connects EU grids via a high-voltage submarine cable, boosting security of supply, renewable integration, and cross-border trade with 700 MW capacity by 2026.

 

Key Points

A 700 MW subsea link between Ireland and France, boosting security, enabling trade, and supporting renewables.

✅ Approx. 600 km subsea cable from East Cork to Brittany

✅ 700 MW capacity; powers about 450,000 homes

✅ Financed by EIB, banks, CEF; Siemens Energy and Nexans

 

France and Ireland signed contracts on Friday to advance the Celtic Interconnector, a subsea electricity link to allow the exchange of electricity between the two EU countries. It will be the first interconnector between continental Europe and Ireland, as similar UK interconnector plans move forward in parallel. 

Representatives for Ireland’s electricity grid operator EirGrid and France’s grid operator RTE signed financial and technical agreements for the high-voltage submarine cable, mirroring developments like Maine’s approved transmission line in North America for cross-border power. The countries’ respective energy ministers witnessed the signing.

European commissioner for energy Kadri Simson said:

In the current energy market situation, marked by electricity price volatility, and the need to move away from imports of Russian fossil fuels, European energy infrastructure has become more important than ever.

The Celtic Interconnector is of paramount importance as it will end Ireland’s isolation from the Union’s power system, with parallels to Cyprus joining the electricity highway in the region, and ensure a reliable high-capacity link improving the security of electricity supply and supporting the development of renewables in both Ireland and France.

EirGrid and RTE signed €800 million ($827 million) worth of financing agreements with Barclays, BNP Paribas, Danske Bank, and the European Investment Bank, similar to the Lake Erie Connector investment that blends public and private capital.

In 2019, the project was awarded a Connecting Europe Facility (CEF) grant worth €530.7 million to support construction works and align with a broader push for electrification in Europe under climate strategies. The CEF program also provided €8.3 million for the Celtic Interconnector’s feasibility study and initial design and pre-consultation.

Siemens Energy will build converter stations in both countries, and Paris-based global cable company Nexans will design and install a 575-km-long cable for the project.

The cable will run between East Cork, on Ireland’s southern coast, and northwestern France’s Brittany coast and will connect into substations at Knockraha in Ireland and La Martyre in France.

The Celtic Interconnector, which is expected to be operational by 2026, will be approximately 600 km (373 miles) long and have a capacity of 700 MW, similar to cross-border initiatives such as Quebec-to-New York power exports expected in 2025, which is enough to power 450,000 households.

 

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Working From Home Will Drive Up Electricity Bills for Consumers

Remote Work Energy Costs are rising as home offices and telecommuting boost electricity bills; utilities, broadband usage, and COVID-19-driven stay-at-home policies affect productivity, consumption patterns, and household budgets across the U.K. and Europe.

 

Key Points

Remote Work Energy Costs are increased household electricity and utility expenses from telecommuting and home office use.

✅ WFH shifts energy load from offices to households.

✅ Higher device, lighting, and heating/cooling usage drives bills.

✅ Broadband access gaps limit remote work equity.

 

Household electricity bills are set to soar, with rising residential electricity use tied to the millions of people now working at home to avoid catching the coronavirus.

Running laptops and other home appliances will cost consumers an extra 52 million pounds ($60 million) each week in the U.K., according to a study from Uswitch, a website that helps consumers compare the energy prices that utilities charge.

For each home-bound household, the pain to the pocketbook may be about 195 pounds per year extra, even as some utilities pursue pandemic cost-cutting to manage financial pressures.

The rise in price for households comes even as overall demand is falling rapidly in Europe, with wide swaths of the economy shut down to keep workers from gathering in one place, and the U.S. grid overseer issuing warnings about potential pandemic impacts on operations.

People stuck at home will plug in computers, lights and appliances when they’d normally be at the office, increasing their consumption.

With the Canadian government declaring a state of emergency due to the coronavirus, companies are enabling work-from-home structures to keep business running and help employees follow social distancing guidelines, and some utilities have even considered housing critical staff on site to maintain operations. However, working remotely has been on the rise for a while.

“The coronavirus is going to be a tipping point. We plodded along at about 10% growth a year for the last 10 years, but I foresee that this is going to really accelerate the trend,” Kate Lister, president of Global Workplace Analytics.

Gallup’s State of the Workplace 2017 study found that 43% of employees work remotely with some frequency. Research indicates that in a five-day workweek, working remotely for two to three days is the most productive. That gives the employee two to three days of meetings, collaboration and interaction, with the opportunity to just focus on the work for the other half of the week.

Remote work seems like a logical precaution for many companies that employ people in the digital economy, even as some federal agencies sparked debate with an EPA telework policy during the pandemic. However, not all Americans have access to the internet at home, and many work in industries that require in-person work.

According to the Pew Research Center, roughly three-quarters of American adults have broadband internet service at home. However, the study found that racial minorities, older adults, rural residents and people with lower levels of education and income are less likely to have broadband service at home. In addition, 1 in 5 American adults access the internet only through their smartphone and do not have traditional broadband access. 

Full-time employees are four times more likely to have remote work options than part-time employees. A typical remote worker is college-educated, at least 45 years old and earns an annual salary of $58,000 while working for a company with more than 100 employees, according to Global Workplace Analytics, and in Canada there is growing interest in electricity-sector careers among younger workers. 

New York, California and other states have enacted strict policies for people to remain at home during the coronavirus pandemic, which could change the future of work, and Canadian provinces such as Saskatchewan have documented how the crisis has reshaped local economies across sectors.

“I don’t think we’ll go back to the same way we used to operate,” Jennifer Christie, chief HR officer at Twitter, told CNBC. “I really don’t.”

 

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Tories 'taking the heart out of Manitoba Hydro' by promoting subsidiaries, scrapping low-cost pledges: NDP

Manitoba Hydro Privatization Debate centers on subsidiaries, Crown corporation governance, clean energy priorities, and electricity rates, as board terms shift oversight and transparency, sparking concerns about sell-offs and government control.

 

Key Points

A dispute over Hydro's governance, subsidiaries, electricity rates, and clean energy amid fears of partial privatization.

✅ Rewritten terms allow subsidiaries and shift board duties.

✅ Low rates and clean energy mandates softened in guidance.

✅ Govt cites Hydro Act; NDP warns of sell-off risks.

 

The board of Manitoba Hydro is being reminded it can divvy up some of the utility's work to subsidiaries — which the NDP is decrying as a step toward privatization. 

A sentence seemingly granting the board permission to create subsidiaries was included in the board's new terms of reference, which the NDP raised during question period Wednesday. 

The document also eliminated references asking Manitoba Hydro to keep electricity rates low, even as rate hike hearings proceed, and supply power in an environmentally-friendly fashion.

NDP raises spectre of Manitoba Hydro's privatization with new CEO
"They're essentially taking the heart out of Manitoba Hydro," NDP leader Wab Kinew said.

Cheap, clean energy is the basis by which the Crown corporation was formed, even as scaled-back rate increases are planned for next year, he said. 

"That's the whole reason we created this utility in the first place."

Another addition to the board's guidelines include stating the corporation is responsible to the government minister, who must be "proactively informed" when significant issues arise. 

The provincial government, however, says the rewritten terms of reference was the directive of the Manitoba Hydro board and not itself.

CBC's requests to the government for an interview were directed to Manitoba Hydro.

In an interview, Manitoba Hydro spokesperson Scott Powell said the energy utility has undergone no legislative changes, and is still governed by the Manitoba Hydro Act. 

The terms of reference were altered to align the board's duties with the new act overseeing Crown corporations, Powell said.

"Whether you have one or two words different in the terms of reference, the essence of the company hasn't changed."

While the new terms of reference no longer instructs the corporation to ensure an "environmentally responsible supply of energy for Manitobans," it encourages the board to "promote economy and efficiency in all phases of power generation and distribution."

On the cost to ratepayers, the updated directions asks the utility to deliver "safe, reliable energy services at a fair price," a standard clarified by a recent appeal court ruling on First Nations rates, but the board is not specifically instructed with keeping electricity rates low. 

Kinew contends the added sentence on subsidiaries permits Hydro to be broken off and sold for parts, although the terms of reference does not specify if any subsidiary would be wholly owned by Hydro or contracted to a private company.

Powell said Manitoba Hydro has been permitted to create subsidiaries since 1997, and nothing has changed since.

Kinew warned about Hydro's privatization last week when Jay Grewal was announced as Hydro's incoming CEO and president.

She was employed with B.C. Hydro when then-premier Gordon Campbell — hired by the Manitoba government to investigate costly overruns on two electricity megaprojects — sold off segments of the utility.

She then became managing director of Accenture, a global management consulting firm, which acquired several B.C. Hydro departments.

During question period Wednesday, Pallister disputed that Manitoba Hydro is bound to be sold.

He slammed the NDP's "Americanization strategy" of producing more electricity than it is capable of selling, which has saddled ratepayers with billions in debt and prompted proposed 2.5% annual increases in coming years. 

The makeup of the Hydro board has undergone a complete turnover in under a year, a contrast to Ontario's Hydro One shakeup vow during that period.

Nine of the 10 members resigned en masse this March over an impasse with the Pallister government. The lone holdover, Cliff Graydon, was dismissed from his post last month after the Progressive Conservatives removed him from caucus. 

 

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Should California classify nuclear power as renewable?

California Nuclear Renewable Bill AB 2898 seeks to add nuclear to the Renewables Portfolio Standard, impacting Diablo Canyon, PG&E compliance, carbon-free targets, and potential license extensions while addressing climate goals and natural gas reliance.

 

Key Points

A bill to add nuclear to California's RPS, influencing Diablo Canyon, PG&E planning, and carbon-free climate targets.

✅ Reclassifies nuclear as renewable in California's RPS.

✅ Could influence Diablo Canyon license extension and ownership.

✅ Targets carbon-free goals while limiting natural gas reliance.

 

Although he admits it's a long shot, a member of the California Legislature from the district that includes the Diablo Canyon nuclear plant has introduced a bill that would add nuclear power to the state's list of renewable energy sources.

"I think that nuclear power is an important component of generating large-scale electricity that's good for the environment," said Jordan Cunningham, R-San Luis Obispo. "Without nuclear as part of the renewable portfolio, we're going to have tremendous difficulty meeting the state's climate goals without a significant cost increase on electricity ratepayers."

Established in 2002, California's Renewables Portfolio Standard spells out the power sources eligible to count toward the state's goals to wean itself of fossil fuels. The list includes solar, wind, biomass, geothermal, small hydroelectric facilities and even tidal currents. The standard has been updated, currently calling for 60 percent of California's electricity to come from renewables by 2030 and 100 percent from carbon-free sources by 2045, even as some analyses argue net-zero emissions may be difficult to achieve without nuclear power.

Nuclear power is not part of the portfolio standard and Diablo Canyon — the only remaining nuclear plant in California — is scheduled to stop producing electricity by 2025, even as some Southern California plant closures face postponement to maintain grid reliability.

Pacific Gas & Electric, the operators of Diablo Canyon, announced in 2016 an agreement with a collection of environmental and labor groups to shut down the plant, often framed as part of a just transition for workers and communities. PG&E said Diablo will become uneconomical to run due to changes in California's power grid — such as growth of renewable energy sources, increased energy efficiency measures and the migration of customers from traditional utilities to community choice energy programs.

But Cunningham thinks the passage of Assembly Bill 2898, which he introduced last week, — as innovators like Bill Gates' mini-reactor venture tout new designs — could give the plant literally a new lease on life.

"If PG&E were able to count the power produced (at Diablo) toward its renewable goals, it might — I'm not saying it will or would, but it might — cause them to reconsider applying to extend the operating license at Diablo," Cunningham said.

Passing the bill, supporters say, could also make Diablo Canyon attractive to an outside investor to purchase and then apply to the Nuclear Regulatory Commission for a license extension.

But nuclear power has long generated opposition in California and AB 2898 will face long odds in Sacramento, and similar efforts elsewhere have drawn opposition from power producers as well. The Legislature is dominated by Democrats, who have expressed more interest in further developing wind and solar energy projects than offering a lifeline to nuclear.

And if the bill managed to generate momentum, anti-nuclear groups will certainly be quick to mobilize, reflecting a national energy debate over Three Mile Island and whether to save struggling plants.

When told of Cunningham's bill, David Weisman, outreach coordinator for the Alliance for Nuclear Responsibility, said flatly, "Diablo Canyon has become a burdensome, costly nuclear white elephant."

Critics say nuclear power by definition cannot be considered renewable because it leaves behind waste in the form of spent nuclear fuel that then has to be stored, while supporters point to next-gen nuclear designs that aim to improve safety and costs. The federal government has not found a site to deposit the waste that has built up over decades from commercial nuclear power plants.

Even though Diablo Canyon is the only nuclear plant left in the Golden State, it accounts for 9 percent of California's power mix. Cunningham says if the plant closes, the state's reliance on natural gas — a fossil fuel — will increase, pointing to what happened when the San Onofre Nuclear Generating Station closed.

In 2011, the final full year operations for San Onofre, nuclear accounted for 18.2 percent of in-state generation and natural gas made up 45.4 percent. The following year, nuclear dropped to 9.3 percent and gas shot up to 61.1 percent of in-state generation.

"If we're going to get serious about being a national leader as California has been on dealing with climate change, I think nuclear is part of the answer," Cunningham said.

But judging from the response to an email from the Union-Tribune, PG&E isn't exactly embracing Cunningham's bill.

"We remain focused on safely and reliably operating Diablo Canyon Power Plant until the end of its current operating licenses and planning for a successful decommissioning," said Suzanne Hosn, a PG&E senior manager at Diablo Canyon. "The Assemblyman's proposal does not change any of PG&E's plans for the plant."

Cunningham concedes AB 2898 is "a Hail Mary pass" but said "it's an important conversation that needs to be had."

The second-term assemblyman introduced a similar measure late last year that sought to have the Legislature bring the question before voters as an amendment to the state constitution. But the legislation, which would require a two-thirds majority vote in the Assembly and the Senate, is still waiting for a committee assignment.

AB 2898, on the other hand, requires a simple majority to move through the Legislature. Cunningham said he hopes the bill will receive a committee assignment by the end of next month.
 

 

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Florida Court Blocks Push to Break Electricity Monopolies

Florida Electricity Deregulation Ruling highlights the Florida Supreme Court decision blocking a ballot measure on retail choice, preserving utility monopolies for NextEra and Duke Energy, while similar deregulation efforts arise in Virginia and Arizona.

 

Key Points

A high court decision removing a retail choice ballot measure, keeping Florida utility monopolies intact for incumbents.

✅ Petition language deemed misleading for 2020 ballot

✅ Preserves NextEra and Duke Energy market dominance

✅ Similar retail choice pushes in VA and AZ

 

Florida’s top court ruled against a proposed constitutional amendment that would have allowed customers to pick their electricity provider, even as Florida solar incentives face rejection by state leaders, threatening monopolies held by utilities such as NextEra Energy Inc. and Duke Energy Corp.

In a ruling Thursday, the court said the petition’s language is “misleading” and doesn’t comply with requirements to be included on the 2020 ballot, reflecting debates over electricity pricing changes at the federal level. The measure’s sponsor, Citizens for Energy Choice, said the move ends the initiative, even as electricity future advocacy continues nationwide.

“While we were confident in our plan to gather the remaining signatures required, we cannot overcome this last obstacle,” the group’s chair, Alex Patton, noting ongoing energy freedom in the South efforts, said in a statement.

The proposed measure was one of several efforts underway to deregulate U.S. electricity markets, including New York’s review of retail energy markets this year. Earlier this week, two Virginia state lawmakers unveiled a bill to allow residents and businesses to pick their electricity provider, threatening Dominion Energy Inc.’s longstanding local monopoly. And in Arizona, where Arizona Public Service Co. has long reigned, regulators are considering a similar move, while in New England Hydro-Quebec’s export bid has been energized by a court decision.

 

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