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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Electricity deal clinches $100M bitcoin mining operation in Medicine Hat

Medicine Hat Bitcoin Mining Deal delivers 42 MW electricity to Hut 8, enabling blockchain data centres, cryptocurrency mining expansion, and economic diversification in Alberta with low-cost power, land lease, and rapid construction near Unit 16.

 

Key Points

A pact to supply 42 MW and lease land, enabling Hut 8's blockchain data centres and crypto mining growth in Alberta.

✅ 42 MW electricity from city; land lease near Unit 16

✅ Hut 8 expands to 60.7 MW; blockchain data centres

✅ 100 temporary jobs; 42 ongoing roles in Alberta

 

The City of Medicine Hat has agreed to supply electricity and lease land to a Toronto-based cryptocurrency mining company, at a time when some provinces are pausing large new crypto loads in a deal that will see $100 million in construction spending in the southern Alberta city.

The city will provide electric energy capacity of about 42 megawatts to Hut 8 Mining Corp., which will construct bitcoin mining facilities near the city's new Unit 16 power plant.

The operation is expected to be running by September and will triple the company's operating power to 60.7 megawatts, Hut 8 said, amid broader investments in new turbines across Canada.

#google#

"The signing of the electricity supply agreement and the land lease represents a key component in achieving our business plan for the roll-out of our BlockBox Data Centres in low-cost energy jurisdictions," said the company's board chairman, Bill Tai, in a release.

"[Medicine Hat] offers stable, cost-competitive utility rates and has been very welcoming and supportive of Hut 8's fast-paced growth plans."

In bitcoin mining operations, rows upon rows of power-consuming computers are used to solve mathematical puzzles in exchange for bitcoins and confirm crytopcurrency transactions. The verified transactions are then added to the public ledger known as the blockchain.

Hut 8's existing 18.7-megawatt mining operation at Drumheller, Alta. — a gated compound filled with rows of shipping containers housing the computers — has so far mined 750 bitcoins. Bitcoin was trading Tuesday morning for about $11,180.

Medicine Hat Mayor Ted Clugston says the deal is part of the city's efforts to diversify its economy.

We've made economic development a huge priority down here because we were hit very, very hard by the oil and gas decline," he said, noting that being the generator and vendor of its own electricity puts the city in a uniquely good position.

"Really we're just turning gas into electricity and they're taking that electricity and turning it into blockchain, or ones and zeroes."

Elsewhere in Canada, using more electricity for heat has been urged by green energy advocates, reflecting broader electrification debates.

Hut 8 says construction of the facility is starting right away and will create about 100 temporary jobs. The project is expected to be finished by the third-quarter of this year.

The Medicine Hat mining operation will generate 42 ongoing jobs for electricians, general labourers, systems technicians and security staff.

 

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Energy-hungry Europe to brighten profit at US solar equipment makers

European Solar Inverter Demand surges as photovoltaics and residential solar expand during the clean energy transition, driven by high natural gas prices; Germany leads, boosting Enphase and SolarEdge sales for rooftop systems and grid-tied installations.

 

Key Points

Rising European need for solar inverters, fueled by residential PV growth, high energy costs, and clean energy policies.

✅ Germany leads EU rooftop PV installations

✅ Enphase and SolarEdge see revenue growth

✅ High gas prices and policies spur adoption

 

Solar equipment makers are expected to post higher quarterly profit, benefiting from strong demand in Europe for critical components that convert energy from the sun into electricity, amid record renewable momentum worldwide.

The continent is emerging as a major market for solar firms as it looks to reduce its dependence on the Russian energy supply and accelerate its clean energy transition, with solar already reshaping power prices in Northern Europe across the region, brightening up businesses of companies such as Enphase Energy (ENPH.O) and SolarEdge Technologies (SEDG.O), which make solar inverters.

Wall Street expects Enphase and SolarEdge to post a combined adjusted net income of $323.8 million for the April-June quarter, a 56.7% jump from a year earlier, even as demand growth slows in the United States.

The energy crisis in Europe is not as acute as last year when Western sanctions on Russia severely crimped supplies, but prices of natural gas and electricity continue to be much higher than in the United States, Raymond James analyst Pavel Molchanov said.

As a result, demand for residential solar keeps growing at a strong pace in the region, with Germany being one of the top markets and solar adoption in Poland also accelerating in recent years across the region.

About 159,000 residential solar systems became operational in the first quarter in Germany amid a solar power boost that reflects policy and demand, a 146% rise from a year earlier, according to BSW solar power association.

Adoption of solar is also helping European homeowners have greater control over their energy costs as fossil fuel prices tend to be more volatile, Morningstar analyst Brett Castelli said.

SolarEdge, which has a bigger exposure to Europe than Enphase, said its first-quarter revenue from the continent more than doubled compared with last year.

In comparison, growth in the United States has been tepid due to lukewarm demand in states like Texas and Arizona where cheaper electricity prices make the economics of residential solar less attractive, even though solar is now cheaper than gas in parts of the U.S. market.

Higher interest rates following the U.S. Federal Reserve's recent actions to tame inflation are also weighing on demand, even as power outage risks rise across the United States.

Analysts also expect weakness in California where a new metering reform reduces the money credited to rooftop solar owners for sending excess power into the grid, underscoring how policy shifts can reshape the sector. The sunshine state accounts for nearly a third of the U.S. residential solar market.

Enphase will report its results on Thursday after the bell, while SolarEdge will release its second-quarter numbers on Aug. 1.

 

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California electricity pricing changes pose an existential threat to residential rooftop solar

California Rooftop Solar Rate Reforms propose shifting net metering to fixed access fees, peak-demand charges, and time-of-use pricing, aligning grid costs, distributed generation incentives, and retail rates for efficient, least-cost electricity and fair cost recovery.

 

Key Points

Policies replacing net metering with fixed fees, demand charges, and time-of-use rates to align costs and incentives.

✅ Large fixed access charge funds grid infrastructure

✅ Peak-demand pricing reflects capacity costs at system peak

✅ Time-varying rates align marginal costs and emissions

 

The California Public Service Commission has proposed revamping electricity rates for residential customers who produce electricity through their rooftop solar panels. In a recent New York Times op‐​ed, former Governor Arnold Schwarzenegger argued the changes pose an existential threat to residential rooftop solar. Interest groups favoring rooftop solar portray the current pricing system, often called net metering, in populist terms: “Net metering is the one opportunity for the little guy to get relief, and they want to put the kibosh on it.” And conventional news coverage suggests that because rooftop solar is an obvious good development and nefarious interests, incumbent utilities and their unionized employees, support the reform, well‐​meaning people should oppose it. A more thoughtful analysis would inquire about the characteristics and prices of a system that supplies electricity at least cost.

Currently, under net metering customers are billed for their net electricity use plus a minimum fixed charge each month. When their consumption exceeds their home production, they are billed for their net use from the electricity distribution system (the grid) at retail rates. When their production exceeds their consumption and the excess is supplied to the grid, residential consumers also are reimbursed at retail rates. During a billing period, if a consumer’s production equaled their consumption their electric bill would only be the monthly fixed charge.

Net metering would be fine if all the fixed costs of the electric distribution and transmission systems were included in the fixed monthly charge, but they are not. Between 66 and 77 percent of the expenses of California private utilities do not change when a customer increases or decreases consumption, but those expenses are recovered largely through charges per kWh of use rather than a large monthly fixed charge. Said differently, for every kWh that a PG&E solar household exported into the grid in 2019, it saved more than 26 cents, on average, while the utility’s costs only declined by about 8 cents or less including an estimate of the pollution costs of the system’s fossil fuel generators. The 18‐​cent difference pays for costs that don’t change with variation in a household’s consumptions, like much of the transmission and distribution system, energy efficiency programs, subsidies for low‐​income customers, and other fixed costs. Rooftop solar is so popular in California because its installation under a net metering system avoids the 18 cents, creating a solar cost shift onto non-solar customers. Rooftop solar is not the answer to all our environmental needs. It is simply a form of arbitrage around paying for the grid’s fixed costs.

What should electricity tariffs look like? This article in Regulation argues that efficient charges for electricity would consist of three components: a large fixed charge for the distribution and transmission lines, meter reading, vegetation trimming, etc.; a peak‐​demand charge related to your demand when the system’s peak demand occurs to pay for fixed capacity costs associated with peak use; and a charge for electricity use that reflects the time‐ and location‐​varying cost of additional electricity supply.

Actual utility tariffs do not reflect this ideal because of political concerns about the effects of large fixed monthly charges on low‐​income customers and the optics of explaining to customers that they must pay 50 or 60 dollars a month for access even if their use is zero. Instead, the current pricing system “taxes” electricity use to pay for fixed costs. And solar net metering is simply a way to avoid the tax. The proposed California rate reforms would explicitly impose a fixed monthly charge on rooftop solar systems that are also connected to the grid, a change that could bring major changes to your electric bill statewide, and would thus end the fixed‐​cost avoidance. Any distributional concerns that arise because of the effect of much larger fixed charges on lower‐​income customers could be managed through explicit tax deductions that are proportional to income.

The current rooftop solar subsidies in California also should end because they have perverse incentive effects on fossil fuel generators, even as the state exports its energy policies to neighbors. Solar output has increased so much in California that when it ends with every sunset, natural gas generated electricity has to increase very rapidly. But the natural gas generators whose output can be increased rapidly have more pollution and higher marginal costs than those natural gas plants (so called combined cycle plants) whose output is steadier. The rapid increase in California solar capacity has had the perverse effect of changing the composition of natural gas generators toward more costly and polluting units.

The reforms would not end the role of solar power. They would just shift production from high‐​cost rooftop to lower‐​cost centralized solar production, a transition cited in analyses of why electricity prices are soaring in California, whose average costs are comparable with electricity production in natural gas generators. And they would end the excessive subsidies to solar that have negatively altered the composition of natural gas generators.

Getting prices right does not generate citizen interest as much as the misguided notion that rooftop solar will save the world, and recent efforts to overturn income-based utility charges show how politicized the debate remains. But getting prices right would allow the decentralized choices of consumers and investors to achieve their goals at least cost.

 

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California lawmakers plan to overturn income-based utility charges

California income-based utility charges face bipartisan pushback as the PUC weighs fixed fees for PG&E, SDG&E, and Southern California Edison, reshaping rate design, electricity affordability, energy equity, and privacy amid proposed per-kWh reductions.

 

Key Points

PUC-approved fixed fees tied to household income for PG&E, SDG&E, and SCE, offset by lower per-kWh rates.

✅ Proposed fixed fees: $51 SCE, $73.31 SDG&E, $50.92 PG&E

✅ Critics warn admin, privacy, legal risks and higher bills for savers

✅ Backers say lower-income pay less; kWh rates cut ~33% in PG&E area

 

Efforts are being made across California's political landscape to derail a legislative initiative that introduced income-based utility charges for customers of Southern California Edison and other major utilities.

Legislators from both the Democratic and Republican parties have proposed bills aimed at nullifying the 2022 legislation that established a sliding scale for utility charges based on customer income, a decision made in a late-hour session and subsequently endorsed by Governor Gavin Newsom.

The plan, pending final approval from the state Public Utilities Commission (PUC) — all of whose current members were appointed by Governor Newsom — would enable utilities like Southern California Edison, San Diego Gas & Electric, and PG&E to apply new income-based charges as early as this July.

Among the state legislators pushing back against the income-based charge scheme are Democrats Jacqui Irwin and Marc Berman, along with Republicans Janet Nguyen, Kelly Seyarto, Rosilicie Ochoa Bogh, Scott Wilk, Brian Dahle, Shannon Grove, and Roger Niello.

A cadre of specialists, including economist Ahmad Faruqui who has advised all three utilities implicated in the fee proposal, have outlined several concerns regarding the PUC's pending decision.

Faruqui and his colleagues argue that the proposed charges are excessively high in comparison to national standards, reflecting soaring electricity prices across the state, potentially leading to administrative challenges, legal disputes, and negative unintended outcomes, such as penalizing energy-conservative consumers.

Advocates for the income-based fee model, including The Utility Reform Network (TURN) and the National Resources Defense Council, argue it would result in higher charges for wealthier consumers and reduced fees for those with lower incomes. They also believe that the utilities plan to decrease per kilowatt-hour rates as part of a broader rate structure review to balance out the new fees.

However, even supporters like TURN and the Natural Resources Defense Council acknowledge that the income-based fee model is not a comprehensive solution to making soaring electricity bills more affordable.

If implemented, California would have the highest income-based utility fees in the country, with averages far surpassing the national average of $11.15, as reported by EQ Research:

  • Southern California Edison would charge $51.
  • San Diego Gas & Electric would levy $73.31.
  • PG&E would set fees at $50.92.

The proposal has raised concerns among state legislators about the additional financial burden on Californians already struggling with high electricity costs.

Critics highlight several practical challenges, including the PUC's task of assessing customers' income levels, a process fraught with privacy concerns, potential errors, and constitutional questions regarding access to tax information.

Economists have pointed out further complications, such as the difficulty in accurately assessing incomes for out-of-state property owners and the variability of customers' incomes over time.

The proposed income-based charges would differ by income bracket within the PG&E service area, for example, with lower-income households facing lower fixed charges and higher-income households facing higher charges, alongside a proposed 33% reduction in electricity rates to help mitigate the fixed charge impact.

Yet, the economists warn that most customers, particularly low-usage customers, could end up paying more, essentially rewarding higher consumption and penalizing efficiency.

This legislative approach, they caution, could inadvertently increase costs for moderate users across all income brackets, a sign of major changes to electric bills that could emerge, challenging the very goals it aims to achieve by promoting energy inefficiency.

 

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Adani Electricity's Power Supply Cuts in Mumbai

Adani Electricity Mumbai Power Cuts follow non-payment rules, reflecting billing disputes, regulatory compliance, consumer impact, and affordability concerns, while prompting mitigation measures like flexible payment plans, assistance programs, and clearer communication for residents.

 

Key Points

AEML cutoffs for unpaid bills per rules, raising affordability worries, billing issues, and calls for flexible aid.

✅ Triggered by unpaid bills under regulatory guidelines

✅ Affordability and billing transparency concerns raised

✅ Mitigation: flexible plans, aid for low-income users

 

Adani Electricity Mumbai Limited (AEML) recently made headlines by cutting power supply to around 100 homes in Mumbai, sparking discussions about the reasons behind this action and its implications for consumers, especially as reports like the Northeast D.C. outage continue to surface.

Background of the Incident

The power supply disconnections by AEML were reportedly due to non-payment of electricity bills by the affected households. This action, although necessary under AEML's policies and in accordance with regulatory guidelines, has raised concerns about the impact on residents, particularly during challenging economic times when pandemic electricity shut-offs highlighted energy insecurity.

Reasons for Non-Payment

Non-payment of electricity bills can stem from various reasons, including financial hardships, disputes over billing accuracy, or unforeseen circumstances affecting household finances. In Mumbai, where the cost of living is high, utility bills constitute a significant portion of monthly expenses for many households, mirroring trends of rising electricity bills seen elsewhere.

Regulatory and Legal Framework

AEML's decision to disconnect power supply aligns with regulatory provisions governing utility services, which may include emergency disconnection moratoriums in other jurisdictions. Utility companies are mandated to enforce bill payments to maintain operational sustainability and ensure fair distribution of resources among consumers.

Consumer Impact and Response

The power disconnections have prompted reactions from affected residents and consumer advocacy groups, highlighting issues related to affordability, transparency in billing practices, and the need for supportive measures during times of economic distress amid heat-related electricity struggles that pressure vulnerable households.

Mitigation Measures

In response to such incidents, utility companies and regulatory authorities often implement mitigation measures. These may include flexible payment options, financial assistance programs for low-income households, and enhanced communication about billing procedures and payment deadlines, along with policy scrutiny such as utility spending oversight to curb unnecessary costs.

Future Considerations

As cities like Mumbai continue to grow and face challenges related to urbanization and infrastructure development, ensuring reliable and affordable access to essential services like electricity, including efforts to prevent summer power outages, remains a priority. Balancing the operational needs of utility providers with consumer welfare concerns requires ongoing dialogue and proactive measures from all stakeholders.

Conclusion

The power supply cuts by Adani Electricity in Mumbai underscore the complexities of managing utility services in urban centers. While necessary for financial viability and regulatory compliance, such actions also highlight broader issues of affordability and consumer protection. Moving forward, collaborative efforts between utility companies, regulatory authorities, and community stakeholders are essential in addressing these challenges and ensuring equitable access to essential services for all residents.

 

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New Electricity Auctions Will Drive Down Costs for Ontario's Consumers

IESO Capacity Auctions will competitively procure resources for Ontario electricity needs, boosting reliability and resource adequacy through market-based bidding, enabling demand response, energy storage, and flexible supply to meet changing load and regional grid conditions.

 

Key Points

A competitive, technology-neutral auction buys capacity at lowest cost to keep Ontario's grid reliable and flexible.

✅ Market-based procurement reduces system costs.

✅ Enables demand response, storage, and hybrid resources.

✅ Increases flexibility and regional reliability in Ontario.

 

The Independent Electricity System Operator (IESO) is introducing changes to Ontario's electricity system that will help save Ontarians about $3.4 billion over a 10-year period. The changes include holding annual capacity auctions to acquire electricity resources at lowest cost that can be called upon when and where they are needed to meet Ontario electricity needs. 

Today's announcement marks the release of a high level design for future auctions, with changes for electricity consumers expected as the first is set to be held in late 2022.

"These auctions will specify how much electricity we need, and introduce a competitive process to determine who can meet that need. It's a competition among all eligible resources, and it's the Ontario consumer, including industrial electricity ratepayers, who benefits through lower costs and a more flexible system better able to respond to changing demand and supply conditions," says IESO President and CEO Peter Gregg.

In the past decade, electricity supply was typically acquired through very prescriptive means with defined targets for specific types of resources such as wind and solar, and secured through 20-year contracts.  While these long-term commitments helped Ontario transform its generation fleet over the last decade, electricity cost allocation also played a role, but longer term contracts provide limited flexibility in dealing with unexpected changes in the power system. 

"Imagine signing a 20-year contract for your cable TV service. In five years' time, electricity rates could be lower, new competitors may have entered the market, or entirely new and innovative platforms and services like Netflix may have emerged. You miss out on opportunities for improvement by being locked-in," says Gregg.

Provincial electricity demand has traditionally fluctuated over time due to factors like economic growth, conservation and the introduction of generating resources on local distribution systems, with occasional issues such as phantom demand affecting customers' costs as well. Technological changes are adding another layer of uncertainty to future demand as electric vehicles, energy storage and low-cost solar panels become more common.

"Our planners do their best to forecast electricity demand, but the truth is there's no such thing as certainty in electricity planning. That's why flexibility is so important. We don't want Ontarians to have to pay more on the typical Ontario electricity bill for electricity resources than are needed to ensure a reliable power system that can continue to meet Ontario's needs," says IESO Vice President and COO Leonard Kula.

 

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