Coal ash a toxic problem for China

Solar ITC Impact on U.S. Wind frames how a 30% solar investment tax credit could undercut wind PTC economics, shift corporate procurement, and, without transmission and storage, slow onshore builds despite offshore wind momentum.

Key Points

It is how a solar ITC extension may curb U.S. wind growth absent PTC parity, transmission, storage, and offshore backing.

✅ ITC at 30% risks shifting corporate procurement to solar.

✅ Post-PTC wind faces grid, transmission, and curtailment headwinds.

✅ Offshore wind, storage pairing, TOU demand could offset.

The booming U.S. wind industry, amid a wind power surge, faces an uncertain future in the 2020s. Few factors are more important than the fate of the solar ITC.

An extension of the solar investment tax credit (ITC) at its 30 percent value would be “devastating” to the future U.S. wind market, according to a new Wood Mackenzie report.

The U.S. is on track to add a record 14.6 gigawatts of new wind capacity in 2020, despite Covid-19 impacts, and nearly 39 gigawatts during a three-year installation boom from 2019 to 2021, according to Wood Mackenzie’s 2019 North America Wind Power Outlook.

But the market’s trajectory begins to look highly uncertain from the early 2020s onward, and solar is one of the main reasons why.

Since the dawn of the modern American renewables market, the wind and solar sectors have largely been allies on the national stage, benefiting from many of the same favorable government plans and sharing big-picture goals. Until recently, wind and solar companies rarely found themselves in direct competition.

But the picture is changing as solar catches up to wind on cost and the grid penetration of renewables surges. What was once a vague alliance between the two fastest growing renewables technologies could morph into a serious rivalry.

While many project developers are now active in both sectors, including NextEra Energy Resources, Invenergy and EDF, the country’s thriving base of wind manufacturers could face tougher days ahead.

The ITC's inherent advantage

At this point, wind remains solar’s bigger sibling in many ways.

The U.S. has nearly 100 gigawatts of installed wind capacity today, compared to around 67 gigawatts of solar. With their substantially higher capacity factors, wind farms generated four times more power for the U.S. grid last year than utility-scale solar plants, for a combined wind-solar share of 8.2 percent, according to government figures, even as renewables are projected to reach one-fourth of U.S. electricity generation. (Distributed PV systems further add to solar’s contribution.)

But it's long been clear that wind would lose its edge at some point. The annual solar market now regularly tops wind. The cost of solar energy is falling more rapidly, and appears to have more runway for further reduction. Solar’s inherent generation pattern is more valuable in many markets, delivering power during peak-demand hours, while the wind often blows strongest at night.

And then there’s the matter of the solar ITC.

In 2015, both wind and solar secured historic multi-year extensions to their main federal subsidies. The extensions gave both industries the longest period of policy clarity they’ve ever enjoyed, setting in motion a tidal wave of installations set to crest over the next few years.

Even back in 2015, however, it was clear that solar got the better deal in Washington, D.C.

While the wind production tax credit (PTC) began phasing down for new projects almost immediately, solar developers were given until the end of 2019 to qualify projects for the full ITC.

And critically, while the wind PTC drops to nothing after its sunset, commercially owned solar projects will remain eligible for a 10 percent ITC forever, based on the existing legislation. Over time, that amounts to a huge advantage for solar.

In another twist, the solar industry is now openly fighting for an extension of the 30 percent ITC, while the wind industry seemingly remains cooler on the prospect of pushing for a similar prolongation — having said the current PTC extension would be the last.

Plenty of tailwinds, too

Wood Mackenzie's report catalogues multiple factors that could work for or against the wind market in the "uncharted" post-PTC years, many of them, including the Covid-19 crisis, beyond the industry’s direct control.

If things go well, annual installations could bounce back to near-record levels by 2027 after a mid-decade contraction, the report says. But if they go badly, installations could remain depressed at 4 gigawatts or below from 2022 through most of the coming decade, and that includes an anticipated uplift from the offshore market.

An extension of the solar ITC without additional wind support would “severely compound” the wind market’s struggle to rebound in the 2020s, the report says. The already-evident shift in corporate renewables procurement from wind to solar could intensify dramatically.

The other big challenge for wind in the 2020s is the lack of progress on transmission infrastructure that would connect potentially massive low-cost wind farms in interior states with bigger population centers. A hoped-for national infrastructure package that might address the issue has not materialized.

Even so, many in the wind business remain cautiously optimistic about the post-PTC years, with a wind jobs forecast bolstering sentiment, and developers continue to build out longer-term project pipelines.

Turbine technology continues to improve. And an extension of the solar ITC is far from assured.

Other factors that could work in wind’s favor in the years ahead include:

The nascent offshore sector, which despite lingering regulatory uncertainty at the federal level looks set to blossom into a multi-gigawatt annual market by the mid-2020s, in line with an offshore wind forecast that highlights substantial growth potential. Lobbying efforts for an offshore wind ITC extension are gearing up, offering a potential area for cooperation between wind and solar.

The potential linkage of policy support for energy storage to wind projects, building on the current linkage with solar.

Growing electric vehicle sales and a shift toward time-of-use retail electricity billing, which could boost power demand during off-peak hours when wind generation is strong.

The land-use advantages wind farms have over solar in some agricultural regions.

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NERC COVID-19 Grid Security Alert urges utilities to update business continuity plans, assess supply chain risk, and harden cybersecurity against spearphishing, social engineering, and remote-work vulnerabilities to protect the U.S. power grid and critical infrastructure.

Key Points

A notice urging U.S. utilities to fortify pandemic continuity, secure supply chains, and enhance cybersecurity.

✅ Mandates updates to business continuity and pandemic readiness plans

✅ Flags supply chain risks for PPE, electronics, chemicals, and logistics

✅ Warns of spearphishing, social engineering, VPN and remote-work threats

The top U.S. grid security monitor urged power utilities to prepare for the new coronavirus in a rare alert yesterday, adding to a chorus of warnings from federal and private organizations.

The North American Electric Reliability Corp. called for power providers to update business continuity plans in case of a pandemic outbreak and weigh the need to prioritize construction or maintenance projects, including updates on major projects like BC Hydro's Site C, while the COVID-19 virus continues to spread.

NERC is requiring electric utilities to answer questions on their readiness for a possible pandemic, including potential staffing strategies such as on-site sequestering, by March 20, an unusual step that underscores the severity of the threat to U.S. power systems.

The Electricity Information Sharing and Analysis Center, NERC's hub for getting the word out on dangers and vulnerabilities for the grid, also sent out an "all-points bulletin" on Feb. 5 addressing the coronavirus outbreak. That nonpublic document covered "potential supply chain issues stemming from a manufacturing slowdown in Asia," NERC spokeswoman Kimberly Mielcarek said.

Among offering basic hygiene and awareness recommendations, NERC's latest alert also encourages utilities to take stock of resources with supply chains affected by the virus. Because "China and nearby southeast Asian nations" have been impacted, NERC said, the supply chain hits will likely include "electronics, personal protective equipment and sanitation supplies, chemicals, and raw materials." The nonprofit grid overseer also warned of global transportation disruptions.

NERC also recommended utilities be on the lookout for cyberattacks taking advantage of the panic and using "coronavirus-themed opportunistic social engineering attacks" to hack into power companies' networks. Social engineering attacks are when hackers use social interactions to manipulate targets into giving up sensitive information.

"Spearphishing, watering hole, and other disinformation tactics are commonly used to exploit public interest in significant events," the alert said.

Electric utility representatives said they're working on or have already completed some of the steps outlined in NERC's alert, though nuclear plant workers have cited a lack of precautions in some cases.

"At this point, many of our members are activating and/or reviewing their business continuity and preparedness plans to ensure that operations and infrastructure are properly supported," said Tobias Sellier, director of media relations for the American Public Power Association, which represents around 1,400 electric utilities.

The power providers are also collaborating with other utilities such as "water, wastewater and gas," Sellier said.

Stephen Bell, senior director of media and public relations at the National Rural Electric Cooperative Association, said his group's members "have already taken a number of steps recommended by NERC" while continuing to maintain operations.

"Co-ops continue working with local, state and federal stakeholders to remain vigilant and prepared. These preparations include more frequent communications to key stakeholders, updating business continuity plans and monitoring new information from public health officials," said Bell.

Last week the Electricity Subsector Coordinating Council (ESCC), a panel of government and industry officials charged with responding to power-sector emergencies, scheduled a conference call discussing how to protect the grid from disruption if the virus infects system operators. Ohio-based utility American Electric Power Co. said it is limiting public visits, has created a high-level response team and is working to ensure operations can continue, while reinforcing downed power line safety, if the virus keeps spreading (Energywire, March 6).

Scott Aaronson, vice president for security and preparedness of the Edison Electric Institute, which represents major investor-owned utilities, said that the electric sector practices "contingency planning" to deal with unusual situations such as the coronavirus. That means that while the type of emergency may be new, dealing with an emergency situation is not, he said. Aaronson added that many of NERC's recommendations are based on what companies are already doing.

"We have heightened awareness given the circumstances, and we have messaging to employees all the way up and down the chain — from CEOs to frontline workers — that: given this time of heightened awareness and potential vulnerability, we have to practice hygiene both of the personal and cyber variety," said Aaronson.

Aaronson said that the ESCC had another call this week with the departments of Energy and Homeland Security and the Centers for Disease Control and Prevention to stay on top of the issue.

Hacking concerns
In a cybersecurity event yesterday, Lisa Monaco, co-chair of the Aspen Cybersecurity Group and former homeland security adviser during the Obama administration, warned that the coronavirus should be considered a national security threat.

"Frankly, [pandemic] is the thing that kept me up at night amongst many, many things that kept me up at night for four years in the White House," Monaco said.

Monaco went on to say the virus will strain organizations' IT infrastructure as more employees work remotely and households face higher electricity bills, and lead to "potentially more vulnerabilities for bad actors when it comes to cybersecurity."

On Friday, the DHS's Cybersecurity and Infrastructure Security Agency released advice on steps that can be taken to lessen the virus's impact on supply chains and cybersecurity, as well as tips for defending against scams exploiting coronavirus fears.

Cybersecurity firms also have been reporting a dramatic increase in spear-phishing attacks, with hackers reportedly using the coronavirus topic as a lure to trick victims into clicking a malicious link. Whether it's hackers aiming at industries susceptible to shipping disruptions, attacking countries like Italy hit particularly hard by the virus or even masquerading as the World Health Organization, cybercriminals are taking full advantage of the crisis, experts say.

Greg Young, vice president of cybersecurity at Trend Micro, said businesses should continue to expect an increase in targeted phishing attacks.

"With a large majority of businesses switching to a work-from-home model and less emphasis on in-person meetings, we also anticipate that malicious actors will start to impersonate digital tools such as 'free' remote conferencing services and other cloud computing software," said Young.

Working from home can be especially risky, as often home networks are less secure than corporate offices, Young said — meaning a hacker aiming to get into an enterprise network could find an "easier attack path" from a home office.

The Department of Energy is asking employees to make sure they can work remotely when needed, even as some agencies set limits with EPA telework policy, including updating security questions and asking those with government-furnished laptops to be sure they have a VPN, or virtual private network, account. In a post added this week to the agency's website, Chief Information Officer Rocky Campione said the department over the next two weeks will be initiating steps to ensure there is adequate network capacity to carry out DOE's work.

"Ensuring the continued operations of the department's many varied missions requires diligence," Campione said.

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EDP Takeover Bid Rejection signals pushback on China Three Gorges' acquisition bid, as investors, shareholders, and analysts cite low premium, valuation concerns, and strategic renewables assets across Portugal, the US, Brazil, and Europe utilities.

Key Points

EDP's board views China Three Gorges' 3.26 euro per share offer as too low, citing valuation and renewables exposure.

✅ Bid premium 4.8% above close seen as inadequate.

✅ Stock surged above offer; market expects higher price.

✅ Advisors UBS and Morgan Stanley guiding EDP.

EDP-Energias de Portugal SA is poised to reject a 9.1 billion euro ($10.9 billion) takeover offer from China Three Gorges Corp. on the grounds that it undervalues Portugal’s biggest energy company, according to people with knowledge of the matter.

The board of EDP, which may meet as early as this week, views the current bid of 3.26 euros a share as too low as it indicates a premium of 4.8 percent over Friday’s close, said the people, asking not to be identified because the discussions are private. EDP is also working with advisers including UBS Group AG and Morgan Stanley on the potential deal, they said.

Representatives for EDP, UBS and Morgan Stanley declined to comment. Representatives for Three Gorges didn’t immediately respond to requests for comment.

#google#

Shares of EDP surged the most in a decade to above the bid level on Monday, signaling that investors expect the Chinese utility, which is its biggest investor, to sweeten the offer to gain full control. For Three Gorges, which spent two decades building a hydro-power plant spanning China’s Yangtze River, the deal would bolster its efforts to expand abroad and give it deeper access to markets in Europe, the U.S. and Brazil.

China’s biggest renewable-energy developer already is the largest shareholder of EDP with a 23 percent stake and now is seeking more than 50 percent. While the government in Lisbon has indicated it’s comfortable with the Chinese offer, EDF electricity price deal illustrates policy dynamics in the region and it holds out little incentive for shareholders to tender their stock.

Stock Jumps

Shares of EDP rose 9.3 percent to 3.40 euros in Lisbon on Monday, even as rolling back European electricity prices remains challenging, after earlier jumping by the most since October 2008.

“We believe the price offered is too low for China Three Gorges to achieve full control of a vehicle that provides, among other things, a strategic footprint into U.S. renewables,” Javier Garrido, an analyst at JPMorgan Chase & Co., said in a note. “We expect management and minorities to claim a higher price.”

The offer adds to a wave of investments China has made overseas, both to earn a yield on its cash and to gain expertise in industries ranging from energy to telecommunications and transport. Concern about those deals has been mounting in the U.S. regulatory arena recently. European Union governments have been divided in their response, with Portugal among those most supportive of inward investment.

“China Three Gorges is an ambitious company, with expansion already in international hydro, Chinese onshore wind and floating solar, and European offshore wind,” said Angus McCrone, a senior analyst at Bloomberg New Energy Finance in London. “It may have to do better on bid price than the 5 percent premium so far offered for EDP.”

Fortum’s Troubles

The low premium offered by Three Gorges echoes the struggle Fortum Oyj had in winning over investors in its bid for Uniper SE last year, while North American deals such as Hydro One’s Avista bid faced customer backlash as well, highlighting parallels. The Finnish utility offered 8 billion euros to buy out the remainder of Uniper in September, immediately sending shares of the German power generator above the offer prices. At least for now, Fortum has settled for a 47 percent stake it bought in Uniper from EON SE, and most other shareholders decided to keep their stake.

The EDP transaction would advance a wave of consolidation among Europe’s leading utilities, which are acquiring assets and development skills in renewables as governments across the region crack down on pollution. EDP is one of Europe’s leading developers of renewable energy, building mainly wind farms and hydro plants, and has expanded in markets including Brazil and the U.S. electrification market.

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Germany renewable energy milestone 2019 saw wind, solar, hydropower, and biomass outproduce coal and nuclear, as low gas prices and high CO2 costs under the EU ETS reshaped the electricity mix, per Fraunhofer ISE.

Key Points

It marks H1 2019 when renewables supplied 47.3% of Germany's electricity, surpassing coal and nuclear.

✅ Driven by high CO2 prices and cheap natural gas

✅ Wind and solar output rose; coal generation declined sharply

✅ Flexible gas plants outcompeted inflexible coal units

In Lippendorf, Saxony, the energy supplier EnBW is temporarily taking part of a coal-fired power plant offline. Not because someone ordered it — it simply wasn't paying off. Gas prices are low, CO2 prices are high, and with many hours of sunshine and wind, renewable methods are producing a great deal of electricity as part of Germany's energy transition now reshaping operations. And in the first half of the year there was plenty of sun and wind.

The result was a six-month period in which renewable energy sources, a trend echoed by the EU wind and solar record across the bloc, produced more electricity than coal and nuclear power plants together. For the first time 47.3% of the electricity consumers used came from renewable sources, while 43.4% came from coal-fired and nuclear power plants.

In addition to solar and wind power, renewable sources also include hydropower and biomass. Gas supplied 9.3%, reflecting how renewables are crowding out gas across European power markets, while the remaining 0.4% came from other sources, such as oil, according to figures published by the Fraunhofer Institute for Solar Energy Systems in July.

Fabian Hein from the think tank Agora Energiewende stresses that the situation is only a snapshot in time, with grid expansion woes still shaping outcomes. For example, the first half of 2019 was particularly windy and wind power production rose by around 20% compared to the first half of 2018.

Electricity production from solar panels rose by 6%, natural gas by 10%, while the share of nuclear power in German electricity consumption has remained virtually unchanged despite a nuclear option debate in climate policy.

Coal, on the other hand, declined. Black coal energy production fell by 30% compared to the first half of 2018, lignite fell by 20%. Some coal-fired power plants were even taken off the grid, even as coal still provides about a third of Germany's electricity. It is difficult to say whether this was an effect of the current market situation or whether this is simply part of long-term planning, says Hein.

Activists storm German mine in anti-coal protest

It is clear, however, that an increased CO2 price has made the ongoing generation of electricity from coal more expensive. Gas-fired power plants also emit CO2, but less than coal-fired power plants. They are also more efficient and that's why gas-fired power plants are not so strongly affected by the CO2 price

The price is determined at a European level and covers power plants and energy intensive industries in Europe. Other areas, such as heating or transport are not covered by the CO2 price scheme. Since a reform of CO2 emissions trading in 2017, the price has risen sharply. Whereas in September 2016 it was just over €5 ($5.6), by the end of June 2019 it had climbed to over €26.

Ups and downs

Gas as a raw material is generally more expensive than coal. But coal-fired power plants are more expensive to build. This is why operators want to run them continuously. In times of high demand, and therefore high prices, gas-fired power plants are generally started up, as seen when European power demand hit records during recent heatwaves, since it is worth it at these times.

Gas-fired power plants can be flexibly ramped up and down. Coal-fired power plants take 11 hours or longer to get going. That's why they can't be switched on quickly for short periods when prices are high, like gas-fired power plants. In the first half of the year, however, coal-fired power plants were also ramped up and down more often because it was not always worthwhile to let the power plant run around the clock.

Because gas prices were particularly low in the first half of 2019, some gas-fired power plants were more profitable than coal-fired plants. On June 29, 2019, the gas price at the Dutch trading point TTF was around €10 per megawatt hour. A year earlier, it had been almost €20. This is partly due to the relatively mild winter, as there is still a lot of gas in reserve, confirmed a spokesman for the Federal Association of the Energy and Water Industries (BDEW). There are also several new export terminals for liquefied natural gas. Additionally, weaker growth and trade wars are slowing demand for gas. A lot of gas comes to Europe, where prices are still comparatively high, reported the Handelsblatt newspaper.

The increase in wind and solar power and the decline in nuclear power have also reduced CO2 emissions. In the first half of 2019, electricity generation emitted around 15% less CO2 than in the same period last year, reported BDEW. However, the association demands that the further expansion of renewable energies should not be hampered. The target of 65% renewable energy can only be achieved if the further expansion of renewable energy sources is accelerated.

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Utility Renewable Investment Gap highlights Oxford study in Nature Energy: most electric utilities favor fossil fuels over clean energy transition, expanding coal and gas, risking stranded assets and missing climate targets despite global decarbonization commitments.

Key Points

Most utilities grow fossil capacity over renewables, slowing decarbonization and jeopardizing climate goals.

✅ Only 10% expand renewables faster than coal and gas growth

✅ 60% still add fossil plants; 15% actively cut coal and gas

✅ Risks: stranded assets, missed climate targets, policy backlash

Only one in 10 of the world’s electric utility companies are prioritising clean energy investment over growing their capacity of fossil fuel power plants, according to research from the University of Oxford.

The study of more than 3,000 utilities found most remain heavily invested in fossil fuels despite international efforts to reduce greenhouse gas emissions and barriers to 100% renewables in the US that persist, and some are actively expanding their portfolio of polluting power plants.

The majority of the utility companies, many of which are state owned, have made little change to their generation portfolio in recent years.

Only 10% of the companies in the study, published in the research journal Nature Energy, are expanding their renewable energy capacity, mirroring global wind and solar growth patterns, at a faster rate than their gas- or coal-fired capacity.

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Of the companies prioritising renewable energy growth, 60% have not stopped concurrently expanding their fossil fuel portfolio and only 15% of these companies are actively reducing their gas and coal capacity.

Galina Alova, the author of the report, said the research highlighted “a worrying gap between what is needed” to tackle the climate crisis, with calls for a fossil fuel lockdown gaining attention, and “what actions are being taken by the utility sector”.

The report found 10% of utilities were favouring growth in gas-fired power plants. This cluster is dominated by US utilities, even as renewables surpass coal in US generation in the broader market, eager to take advantage of the country’s shale gas reserves, followed by Russia and Germany.

Only 2% of utilities are actively growing their coal-fired power capacity ahead of renewables or gas. This cluster is dominated by Chinese utilities – which alone contributed more than 60% of coal-focused companies – followed by India and Vietnam.

The report found the majority of companies prioritising renewable energy were clustered in Europe. Many of the industry’s biggest players are investing in low-carbon energy and green technologies, even as clean energy's dirty secret prompts debate, to replace their ageing fossil fuel power plants.

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In the UK, amid UK renewables backlog that has stalled billions, coal plants are shutting at pace ahead of the government’s 2025 ban on coal-fired power in part because the UK’s domestic carbon tax on power plants make them uneconomic to run.

“Although there have been a few high-profile examples of individual electric utilities investing in renewables, this study shows that overall, the sector is making the transition to clean energy slowly or not at all,” Alova said.

“Utilities’ continued investment in fossil fuels leaves them at risk of stranded assets – where power plants will need to be retired early – and undermines global efforts to tackle climate change.”
 

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EPA Telework Policy restricts remote work, balancing work-from-home guidance during the COVID-19 pandemic with flexible schedules, union contracts, OMB guidance, and federal workforce rules, impacting managers, SES staff, and non-bargaining employees nationwide.

Key Points

A directive limiting many EPA staff to two telework days weekly, with pandemic exceptions and flexible schedules.

✅ Limits telework to two days per week for many employees

✅ Allows flexible schedules, including maxiflex, during emergencies

✅ Aligns with OMB, OPM, CDC guidance; honors union agreements

EPA has moved forward on a new policy that would restrict telework even as agency leadership has encouraged staff to work from home during the coronavirus outbreak.

The new EPA order obtained by E&E News would require employees to report to the office at least three days every week.

"Full-time employees are expected to report to the official worksite and duty station a minimum of three (3) days per week," says the order, dated as approved on Feb. 27. It went into effect March 15 — that night, EPA Administrator Andrew Wheeler authorized telework for the entire agency due to the pandemic.

The order focuses on EPA employees' work schedules and gives them new flexibilities that could come in handy during a public health emergency like the COVID-19 virus, when parts of the power sector consider on-site staffing to ensure continuity.

It also stipulates a deep reduction in EPA employees' capability to work remotely, leaving them with two days of telework per week. An agency order on telework, issued in January 2016, said staff could telework full time.

"The EPA supports the use of telework," said that order. "Regular telework may range from one day per pay period up to full time."

An EPA spokeswoman said the new order doesn't change the agency's guidance to staff to work from home during the pandemic.

"The health and safety of our employees is our top priority, and that is why we have requested that all employees telework, even as residential electricity use increases with more people at home, until at least April 3. There is no provision in the work schedules policy, telework policy or collective bargaining agreement that limits this request," said the spokeswoman.

"While EPA did implement the national work schedule policy effective 3/15/2020, it was implemented in order to provide increased work schedule flexibilities for non-bargaining unit employees who were not previously afforded flexible schedules, including maxiflex," she added.

"The implementation of the policy does not currently impact telework opportunities for EPA employees, and EPA has strongly encouraged all staff to telework," she said.

Still, the new order has caused consternation among EPA employees.

One EPA manager described it as another move by the Trump administration to restrict telework across the government.

"Amidst the COVID-19 crisis, this policy seems particularly ill-timed and unwise. It doesn't even give the administration the chance to evaluate the situation once the COVID-19 pandemic passes," said the manager.

"I think this is a dramatic change in the flexibilities available to the EPA employees without any data to support such a drastic move," the manager said. "It has huge ramifications for employees, many of whom commute over an hour each way to the office, increasing air pollution in the process."

Another EPA staffer said, "I honestly think such an order, given current circumstances, would elicit little more than a scoff and a smirk."

The person added, "How tone-deaf and heavy-handed can one administration be?"

Inside EPA first reported on the new order. E&E News obtained the memo independently.

The recently issued policy applies only to non-bargaining-unit employees, including "full-time and part-time" agency staff as well as "supervisors and managers in the competitive, excepted, Senior Level, Scientific and Professional, and Senior Executive Service positions."

In addition, the order covers "Public Health Service Officers, Schedule C, Administratively Determined employees and non-EPA employees serving on Intergovernmental Personnel Act assignments to EPA."

Nevertheless, EPA employees covered under union contracts must adhere to those contracts if the policy runs counter to them.

"If provisions of this order conflict with the provisions of a collective bargaining agreement, the provisions of the agreement must be applied," the order says.

EPA has taken a more restrictive approach with the agency's largest union, American Federation of Government Employees Council 238, which represents about 7,500 EPA employees. EPA imposed a contract on the council's bargaining unit employees last July that limited them to one day of telework per week, among other changes that triggered union protests.

EPA and AFGE have since relaunched contract negotiations, and how to handle telework is one of the issues under discussion. Both sides committed to complete those bargaining talks by April 15 and work with the Federal Service Impasses Panel if needed (Greenwire, Feb. 27).

Both sides of the telework debate
EPA's new order has been under consideration for some time.

E&E News obtained a draft version last year. The agency had circulated it for comment in July, noting the proposal "limits the number of days an employee may telework per week," among other changes (Greenwire, Sept. 12, 2019).

EPA, like other federal agencies under the Trump administration, has sought to reduce employees' telework. That effort, though, has run into the headwinds of a global pandemic, with a U.S. grid warning highlighting broader risks, leading agency leaders to reverse course and now encourage staff to work remotely in order to stop the spread of the COVID-19 virus.

Wheeler in an email last week told staff that he authorized telework for employees across the country. Federal worker unions had sought the opportunity for remote work on behalf of EPA employees, and the agency had already relaxed telework policies at various offices the prior week where the coronavirus had begun to take hold.

The EPA spokeswoman said the agency moved toward telework after guidance from other agencies.

"Consistent with [Office of Management and Budget], [Centers for Disease Control and Prevention] and [Office of Personnel Management] guidance, along with state and local directives, we have taken swift action in regions and at headquarters to implement telework for all employees. We continue to tell all employees to telework," said the spokeswoman.

Wheeler said in a later video message that his expectation was most EPA employees were working from home.

"I understand that this is a difficult and scary time for all of us," said the EPA administrator.

The coronavirus has become a real challenge for EPA, and utilities like BC Hydro Site C updates illustrate broader operational adjustments.

Agency staff have been exposed to the virus while some have tested positive, and nuclear plant workers have raised similar concerns, according to internal emails. That has led to employees self-quarantining while their colleagues worry they may next fall ill (Greenwire, March 20).

One employee said that since EPA's operations have been maintained with staff working from home, even as household electricity bills rise for many, it's harder for the Trump administration to justify restricting remote work.

"With the current climate, I think employees have shown we can keep the agency going with nearly 95% teleworking full time. It makes their argument hard to justify in light of things," said the EPA employee.

The Trump administration overall has pushed for more remote work by the federal workforce in the battle with the COVID-19 virus. The Office of Management and Budget issued guidance to agencies last week "to minimize face-to-face interactions" and "maximize telework across the nation."

Lawmakers have also pushed to expand telework for federal workers due to the virus.

Democratic senators sent a letter last week urging President Trump to issue an executive order directing agencies to use telework.

In addition, Sens. James Lankford (R-Okla.), Chris Van Hollen (D-Md.) and Kyrsten Sinema (D-Ariz.) introduced legislation that would allow federal employees to telework full time during the pandemic.

Some worry EPA's new order could further sour morale at the agency after the pandemic passes, as other utilities consider measures like unpaid days off to trim costs. Employees may leave if they can't work from home more.

"People will quit EPA over something like this. Maybe that's the goal," said the EPA manager.

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