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Five Nations Energy Transmission Line connects remote First Nations to the Ontario power grid, delivering clean, reliable electricity to Western James Bay through Indigenous-owned transmission infrastructure, replacing diesel generators and enabling sustainable community growth.

Key Points

An Indigenous-owned grid link providing reliable power to Western James Bay First Nations, replacing polluting diesel.

✅ Built by five First Nations; fully Indigenous-owned utility

✅ 270 km line connecting remote James Bay communities

✅ Ended diesel dependence; enabled sustainable development

For the Indigenous communities along northern Ontario’s James Bay — the ones that have lived on and taken care of the lands as long as anyone can remember — the new millenium marked the start of a diesel-less future, even as Ontario’s electricity outlook raised concerns about getting dirtier in policy debates. 

While the southern part of the province took Ontario’s power grid for granted, despite lessons from Europe’s power crisis about reliability, the vast majority of these communities had never been plugged in. Their only source of power was a handful of very loud diesel-powered generators. Because of that, daily life in the Attawapiskat, Kashechewan and Fort Albany First Nations involved deliberating a series of tradeoffs. Could you listen to the radio while toasting a piece of bread? How many Christmas lights could you connect before nothing else was usable? Was there enough power to open a new school? 

The communities wanted a safe, reliable, clean alternative, with Manitoba’s clean energy illustrating regional potential, too. So did their chiefs, which is why they passed a resolution in 1996 to connect the area to Ontario’s grid, not just for basic necessities but to facilitate growth and development, and improve their communities’ quality of life. 

The idea was unthinkable at the time — scorned and dismissed by those who held the keys to Ontario’s (electrical) power, much like independent power projects can be in other jurisdictions. Even some in the community didn’t fully understand it. When the idea was first proposed at a gathering of Nishnawbe Aski Nation, which represents 49 First Nations, one attendee said the only way he could picture the connection was as “a little extension cord running through the bush from Moosonee.” 

But the leadership of Attawapiskat, Kashechewan and Fort Albany First Nations had been dreaming and planning. In 1997, along with members of Taykwa Tagamou and Moose Cree First Nations, they created the first, and thus far only, fully Indigenous-owned energy company in Canada: Five Nations Energy Inc., as partnerships like an OPG First Nation hydro project would later show in action, too. 

Over the next five years, the organization built Omushkego Ishkotayo, the Cree name for the Western James Bay transmission line: “Omushkego” refers to the Swampy Cree people, and “Ishkotayo” to hydroelectric power, while other regions were commissioning new BC generating stations in parallel. The 270-kilometre-long transmission line is in one of the most isolated regions of Ontario, one that can only be accessed by plane, except for a few months in winter when ice roads are strong enough to drive on. The project went online in 2001, bringing reliable power to over 7,000 people who were previously underserved by the province’s energy providers. It also, somewhat controversially, enabled Ontario’s first diamond mine in Attawapiskat territory.

The future the First Nations created 25 years ago is blissfully quiet, now that the diesel generators are shut off. “When the power went on, you could hear the birds,” Patrick Chilton, the CEO of Five Nations Energy, said with a smile. “Our communities were glowing.”

Power, politics and money: Five Nations Energy needed government, banks and builders on board
Chilton took over in 2013 after the former CEO, his brother Ed, passed away. “This was all his idea,” Chilton told The Narwhal in a conversation over Zoom from his office in Timmins, Ont. The company’s story has never been told before in full, he said, because he felt “vulnerable” to the forces that fought against Omushkego Ishkotayo or didn’t understand it, a dynamic underscored by Canada’s looming power problem reporting in recent years. 

The success of Five Nations Energy is a tale of unwavering determination and imagination, Chilton said, and it started with his older brother. “Ed was the first person who believed a transmission line was possible,” he said.

In a Timmins Daily Press death notice published July 2, 2013, Ed Chilton is described as having “a quiet but profound impact on the establishment of agreements and enterprises benefitting First Nations peoples and their lands.” Chilton doesn’t describe him that way, exactly. 

“If you knew my brother, he was very stubborn,” he said. A certified engineering technologist, Ed was a visionary whose whole life was defined by the transmission line. He was the first to approach the chiefs with the idea, the first to reach out to energy companies and government officials and the one who persuaded thousands of people in remote, underserved communities that it was possible to bring power to their region.

After that 1996 meeting of Nishnawbe Aski Nation, there came a four-year-long effort to convince the rest of Ontario, and the country, the project was possible and financially viable. The chiefs of the five First Nations took their idea to the halls of power: Queen’s Park, Parliament Hill and the provincial power distributor Hydro One (then Ontario Hydro). 

“All of them said no,” Chilton said. “They saw it as near to impossible — the idea that you could build a transmission line in the ‘swamp,’ as they called it.” The Five Nations Energy team kept a document at the time tracking how many times they heard no; it topped out at 37. 

One of the worst times was in 1998, at a meeting on the 19th floor of the Ontario Hydro building in the heart of downtown Toronto. There, despite all their preparation and planning, a senior member of the Ontario Hydro team told Chilton, Martin and other chiefs “you’ll build that line over my dead body,” Chilton recalled. 

At the time, Chilton said, Ontario Hydro was refusing to cooperate: unwilling to let go of its monopoly over transmission lines, but also saying it was unable to connect new houses in the First Nations to diesel generators it said were at maximum capacity. (Ontario Hydro no longer exists; Hydro One declined to comment.)

“There’s always naysayers no matter what you’re doing,” Martin said. “What we were doing had never been done before. So of course people were telling us how we had never managed something of this size or a budget of this size.” 

“[Our people] basically told them to blow it up your ass. We can do it,” Chilton said.

So the chiefs of the five nations did something they’d never done before: they went to all of the big banks and many, many charitable foundations trying to get the money, a big ask for a project of this scale, in this location. Without outside support, their pitch was that they’d build it themselves.

This was the hardest part of the process, said Lawrence Martin, the former Grand Chief of Mushkegowuk Tribal Council and a member of the Five Nations Energy board. “We didn’t know how to finance something like this, to get loans,” he told The Narwhal. “That was the toughest task for all of us to achieve.”

Eventually, they got nearly $50 million in funding from a series of financial organizations including the Bank of Montreal, Pacific and Western Capital, the Northern Ontario Heritage Fund Corporation (an Ontario government agency) and the engineering and construction company SNC Lavalin, which did an assessment of the area and deemed the project viable. 

And in 1999, Ed Chilton, other members of the Chilton family and the chiefs were able to secure an agreement with Ontario Hydro that would allow them to buy electricity from the province and sell it to their communities. 

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Kenya Power token glitches, inflated bills disrupt prepaid meters via M-Pesa paybill 888880 and third-party vendors like Vendit and Dynamo, causing delays, fast-depleting tokens, and billing estimates; customers report weekend outages and business losses.

Key Points

Service failures delaying token generation and disputed charges from estimated meter readings and slow processing.

✅ Impacts M-Pesa paybill 888880 and authorized third-party vendors

✅ Causes delays, fast-depleting tokens, weekend business closures

✅ Linked to system downtime, billing estimates, meter reading gaps

Kenya Power is again on the spotlight following claims of inflated power bills and a glitch in its electronic payment system that made it impossible to top up tokens on prepaid meters.

Thousands of customers started experiencing the hitch in tokens generation on Friday evening, with the problem extending through the weekend.

Small businesses such as barber shops that top up multiple times a week were hardest hit.

“My business usually thrives during weekends but I was forced to close early in the evening due to lack of power although I had paid for the tokens that were never generated,” said Mr John Kamau, a fast food restaurant owner in Nairobi.

Kenya Power processes up to 200,000 electronic transactions per day for power users, with 85 per cent done through its Safaricom M-Pesa paybill number 888880.

The remaining share is handled by its authorised third party vendors such as Vendit (paybill number 501200) and Dynamo (800904), which charge a premium for the transaction.

The sole electricity distributor admitted its system encountered challenges that crippled token generation across all vendors, advising customers on prepaid meters to buy the units from Kenya Power banking halls across the country until normalcy returned.

STATEMENT

“The IT team is trying to figure out where the problem was before we issue a comprehensive statement on the issue,” the firm responded to Nation queries, adding that the issue had been resolved by yesterday afternoon.

Customers who use Vendit confirmed to Nation they had successfully bought tokens yesterday afternoon.

However, there have been complaints that third party vendors process tokens almost in real time, unlike Kenya Power which, despite indicating a 30 minute delay in its service promise, sometimes takes up to six hours.  

But other users complained of inflated power bills after being slapped with abnormally high charges.

TOKENS

The holder of account number 30624694, for instance, received a post-paid bill of Sh16,765 last month, up from Sh894 the previous month.

She indulged the company and ended up paying just over Sh1,000.

There have also been complaints of tokens getting depleted too fast. For instance, one customer who normally uses Sh4,000 per month complained of her credit running out in a week.

Kenya Power maintains it cannot read all post-paid meters across the country, compelling it to make estimates for a number of customers.

The company argues it is not cost-effective to have meter readers go to all homes. The firm recently indicated plans to put all domestic consumers on prepaid meters to reduce non-payment of electricity bills and cut operation costs on meter reading and postage.

POWER CONSUMPTION

The Nairobi Securities Exchange-listed firm has also adopted a new integrated customer management system to enable consumers to self-check their power consumption and understand their electricity bill and payment obligations through a phone app.

In the past, concerns have been rife that customers often encounter delays when buying tokens through paybill number 888880, unlike through other vendors.

This has raised questions on the ownership of the vendors and the cash commissions they are entitled to, with holiday scam warnings circulating in some markets as well.

FOUL PLAY

Kenya Power has, however, denied any foul play, saying the authorisation of other vendors was to ease pressure on its payment channel, which handles 85 per cent of the nearly 200,000 transactions per day.

“In fact we have 11 vendors, including Equitel, it’s just that people are only aware of Vendit and Dynamo because they have been aggressive in their marketing,” the company said.

Kenya Power has been battling court cases over inflated power bills after it emerged that the utility firm was backdating bills worth Sh10.1 billion from last November.

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Hydro-Que9bec COVID-19 M&A Pause signals a halt to international expansion as falling electricity demand, weaker exports, and revenue pressure shift capital to the Quebec economy, prioritizing domestic investment, strategic plan revisions, and risk management.

Key Points

Hydro-Que9bec COVID-19 M&A Pause halts overseas deals, shifting investment to Quebec as demand, exports and revenue fall.

✅ International M&A on hold; capital reallocated to Quebec projects

✅ Lower electricity demand reduces exports and spot prices

✅ Strategic plan and 2020 guidance revised downward

COVID-19 is forcing Hydro-Québec to pull the plug on its global ambitions — for now, even as its electricity ambitions have reopened old wounds in Newfoundland and Labrador in recent years.

Quebec’s state-owned power generator and distributor has put international mergers and acquisitions on hold for the foreseeable future because of the COVID-19 crisis, chief financial officer Jean-Hugues Lafleur said Friday.

Former chief executive officer Éric Martel, who left last month, had made foreign expansion a key tenet of his growth strategy.

“We’re in revision mode” as pertains to acquisitions, Lafleur told reporters on a conference call, as the company pursues a long-term strategy to wean the province off fossil fuels at home as well. “I don’t see how Hydro-Québec could take $5 billion now and invest it in Chile because we have an investment opportunity there. Instead, the $5 billion will be invested here to support the Quebec economy. We’re going to make sure the Quebec economy recovers the right way before we go abroad.”

Lafleur spoke after Hydro-Québec reported a 14-per-cent drop in first-quarter profit and warned full-year results will fall short of expectations as COVID-19 weighs on power demand.

Net income in the three-month period ended March 31 was $1.53 billion, down from $1.77 billion a year ago, Hydro-Québec said in a statement. Revenue fell about six per cent to $4.37 billion.

“Due to the economic downturn resulting from the current crisis, we’re anticipating lower electricity sales in all of our markets,” Lafleur said. “Consequently, the financial outlook for 2020 set out in the strategic plan 2020–2024, which also reflects the province’s no-nuclear stance, will be revised downward.”

It’s still too early to determine the scope of the revision, the company said in its quarterly report. Hydro-Québec was targeting net income of between $2.8 billion and $3 billion in 2020, according to its strategic plan.

The first quarter was the utility’s last under Martel, who quit to take over at jetmaker Bombardier Inc. Quebec appointed former Énergir CEO Sophie Brochu to replace him, effective April 6.

First-quarter results “weren’t significantly affected” by the pandemic, Lafleur said on a conference call with reporters. Electricity sales generated $294 million less than a year ago due primarily to milder temperatures, he said.

Results will start to reflect COVID-19’s impact in the second quarter, though NB Power has signed three deals to bring more Quebec electricity into the province that could cushion some exports.

Electricity consumption in Quebec has fallen five per cent in the past two months, paced by an 11-per-cent plunge for commercial and institutional clients, and cities such as Ottawa saw a demand plunge during closures.

Industrial customers such as pulp and paper producers have also curbed power use, and it’s hard to see demand rebounding this year, Lafleur said.

“What we’ve lost since the start of the pandemic is not coming back,” he said.

Demand on export markets, meanwhile, has shrunk between six per cent and nine per cent since mid-March. The drop has been particularly steep in Ontario, reaching as much as 12 per cent, after the province chose not to renew its electricity deal with Quebec earlier this year, compared with declines of up to five per cent in New England and eight per cent in New York.

Spot prices in the U.S. have retreated in tandem, falling this week to as low as 1.5 U.S. cents per kilowatt-hour, Lafleur said. Hydro-Québec’s hedging strategy — which involves entering into fixed-price sales contracts about a year ahead of time — allowed the company to export power for an average of 4.9 U.S. cents per kilowatt-hour in the first quarter, compared with the 2.2 cents it would have otherwise made.

Investments will decline this year as construction activity proceeds at reduced speed, Lafleur said. Hydro-Québec was initially planning to invest about $4 billion in the province, he said, as it works to increase hydropower capacity to more than 37,000 MW across its fleet.

Physical distancing measures “are having an impact on productivity,” Lafleur said. “We can’t work the way we wanted, and project costs are going to be affected. Anytime we send workers north on a plane, we need to leave an empty seat beside them.”

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BC Hydro drought operations address climate change impacts with hydropower scheduling, reservoir management, water conservation, inflow forecasting, and fish habitat protection across the Lower Mainland and Vancouver Island while maintaining electricity generation from storage facilities.

Key Points

BC Hydro drought operations conserve water, protect fish, and sustain hydropower during extended heat and low inflows.

✅ Proactive reservoir releases protect downstream salmon spawning.

✅ Reduced flows at Puntledge, Coquitlam, and Ruskin/Stave facilities.

✅ System relies on northern storage to maintain electricity supply.

BC Hydro is adjusting its operating plans around power generation as extended heat and little forecast rain continue to impact the province, a report says.

“Unpredictable weather patterns related to climate change are expected to continue in the years ahead and BC Hydro is constantly adapting to these evolving conditions, especially after events such as record demand in 2021 that tested the grid,” said the report, titled “Casting drought: How climate change is contributing to uncertain weather and how BC Hydro’s generation system is adapting.”

The study said there is no concern with BC Hydro being able to continue to deliver power through the drought because there is enough water at its larger facilities, even as issues like crypto mining electricity use draw scrutiny from observers.

Still, it said, with no meaningful precipitation in the forecast, its smaller facilities in the Lower Mainland and on Vancouver Island will continue to see record low or near record low inflows for this time of the year.

“In the Lower Mainland, inflows since the beginning of September are ranked in the bottom three compared to historical records,” the report said.

The report said the hydroelectric system is directly impacted by variations in weather and the record-setting, unseasonably dry and warm weather this fall highlights the impacts of climate change, while demand patterns can be counterintuitive, as electricity use even increased during Earth Hour 2018 in some areas, hinting at challenges to come.

It noted symptoms of climate change include increased frequency of extreme events like drought and intense storms, and rapid glacial melt.

“With the extremely hot and dry conditions, BC Hydro has been taking proactive steps at many of our South Coast facilities for months to conserve water to protect the downstream fish habit,” spokesperson Mora Scott said. “We began holding back water in July and August at some facilities anticipating the dry conditions to help ensure we would have water storage for the later summer and early fall salmon spawning.”

Scott said BC Hydro’s reservoirs play an important role in managing these difficult conditions by using storage and planning releases to provide protection to downstream river flows. The reservoirs are, in effect, a battery waiting to be used for power.

While the dry conditions have had an impact on BC Hydro’s watersheds, several unregulated natural river systems — not related to BC Hydro — have fared worse, with rivers drying up and thousands of fish killed, the report said.

BC Hydro is currently seeing the most significant impacts on operations at Puntledge and Campbell River on Vancouver Island as well as Coquitlam and Ruskin/Stave in the Lower Mainland.

To help manage water levels on Vancouver Island, BC Hydro reduced Puntledge River flows by one-third last week and on the Lower Mainland reduced flows at Coquitlam by one-third and Ruskin/Stave by one quarter.

However, the utility company said, there are no concerns about continued power delivery.

“British Columbians benefit from BC Hydro’s integrated, provincial electricity system, which helps send power across the province, including to Vancouver Island, and programs like the winter payment plan support customers during colder months,” staff said.

Most of the electricity generated and used in B.C. is produced by larger facilities in the north and southeast of the province — and while water levels in those areas are below normal levels, there is enough water to meet the province’s power needs, even as additions like Site C's electricity remain a subject of debate among observers.

The Glacier Media investigation found a quarter of BC Hydro's power comes from the Mica, Revelstoke and Hugh Keenleyside dams on the Columbia River. Some 29% comes from dams in the Peace region, including the under-construction Site C project that has faced cost overruns. At certain points of the year, those reservoirs are reliant on glacier water.

Still, BC Hydro remains optimistic.

Forecasts are currently showing little rain in the near-term; however, historically, precipitation and inflows show up by the end of October. If that does not happen, BC Hydro said it would continue to closely track weather and inflow forecasts to adapt its operations to protect fish, while regional cooperation such as bridging with Alberta remains part of broader policy discussions.

Among things BC Hydro said it is doing to adapt are:

Continuously working to improve its weather and inflow forecasting;
Expanding its hydroclimate monitoring technology, including custom-made solutions that have been designed in-house, as well as upgrading snow survey stations to automated, real-time snow and climate stations, and;
Investing in capital projects — like spillway gate replacements — that will increase resiliency of the system to climate change.

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BWI Power Outage caused flight delays, cancellations, and diversions after a downed power line near Baltimore/Washington International. BGE crews responded as terminal operations, security screening, and boarding slowed, exposing infrastructure gaps and backup power needs.

Key Points

A downed power line disrupted BWI, causing delays, diversions, and slowed operations after power was restored by noon.

✅ Downed power line near airport spurred terminal-wide disruptions

✅ 150+ delays, dozens of cancellations; diversions to nearby airports

✅ BGE response, backup power gaps highlight infrastructure resilience

On the morning of March 3, 2025, a major power outage at Baltimore/Washington International Thurgood Marshall Airport (BWI) caused significant disruptions to air travel, much like the London morning outage that upended routines, affecting both departing and incoming flights. The outage, which began around 7:40 a.m., was caused by a downed power line near the airport, according to officials from Baltimore Gas and Electric Company. Although power was restored by noon, the effects were felt for several hours, resulting in flight delays, diversions, and a temporary disruption to airport operations.

Flight Disruptions and Delays

The outage severely impacted operations at BWI, with more than 150 flights delayed and dozens more canceled. The airport, which serves as a major hub for both domestic and international travel, was thrown into chaos, similar to the Atlanta airport blackout that snarled operations, as power outages affected various critical areas, including parts of the main terminal and an adjacent parking garage. The downed power line created a ripple effect throughout the airport’s operations, delaying not only the check-in and security screening processes but also the boarding of flights. In addition to the delays, some inbound flights had to be diverted to nearby airports, further complicating an already strained travel schedule.

With the disruption affecting vital functions of the airport, passengers were advised to stay in close contact with their airlines for updated flight statuses and to prepare for longer-than-usual wait times.

Impact on Passengers

As power began to return to different parts of the terminal, airport officials reported that airlines were improvising solutions to continue the deplaning process, such as using air stairs to help passengers exit planes that were grounded due to the power outage, a reminder of how transit networks can stall during grid failures, as seen with the London Underground outage that frustrated commuters. This created further delays for passengers attempting to leave the airport or transfer to connecting flights.

Many passengers, who were left stranded in the terminal, faced long lines at ticket counters, security checkpoints, and concessions as the airport worked to recover from the loss of power, a situation mirrored during the North Seattle outage that affected thousands. The situation was compounded by the fact that while power was restored by midday, the airport still struggled to return to full operational capacity, creating significant inconvenience for travelers.

Power Restoration and Continued Delays

By around noon, officials confirmed that power had been fully restored across the main terminal. However, the full return to normalcy was far from immediate. Airport staff continued to work on clearing backlogs and assisting passengers, but the effects of the outage lingered throughout the day. Passengers were warned to expect continued delays at ticket counters, security lines, and concessions as the airport caught up with the disruption caused by the morning’s power outage.

For many travelers, the experience was a reminder of how dependent airports and airlines are on uninterrupted power to function smoothly. The disruption to BWI serves as a case study in the potential vulnerabilities of critical infrastructure that is not immune to the effects of power failure, including weather-driven events like the windstorm outages that can sever lines. Moreover, it highlights the difficulties of recovering from such incidents while managing the expectations of a large number of stranded passengers.

Investigations into the Cause of the Outage

As of the latest reports, Baltimore Gas and Electric Company (BGE) crews were still investigating the cause of the power line failure, including weather-related factors seen when strong winds in the Miami Valley knocked out power. While no definitive cause had been provided by early afternoon, BGE spokesperson Stephanie Weaver confirmed that the company was working diligently to restore service. She noted that the downed line had caused widespread disruptions to electrical service in the area, which were exacerbated by the airport’s significant reliance on a stable power supply.

BWI officials remained in close contact with BGE to monitor the situation and ensure that necessary precautions were taken to prevent further disruptions. With power largely restored by midday, focus turned to the logistical challenges of clearing the resulting delays and assisting passengers in resuming their travel plans.

Response from the Airport and Airlines

In response to the power outage, BWI officials encouraged travelers to remain patient, a familiar message during prolonged events like Houston's extended outage in recent months, and continue checking their flight statuses. Although flight tracking websites and social media posts provided timely updates, passengers were urged to expect long delays throughout the day as the airport struggled to return to full capacity.

Airlines, for their part, worked swiftly to accommodate affected passengers, although the situation created a ripple effect across the airport's operations. With delayed flights and diverted planes, air traffic control and ground crews had to adjust flight schedules accordingly, resulting in even more congestion at the airport. Airlines coordinated with the airport to prioritize urgent cases, and some flights were re-routed to other nearby airports to mitigate the strain on the terminal.

Long-Term Effects on Airport Infrastructure

This incident underscores the importance of maintaining resilient infrastructure at key transportation hubs like BWI. Airports are vital nodes in the air travel network, and any disruption, whether from power failure or other factors, can have far-reaching consequences on both domestic and international travel. Experts suggest that BWI and other major airports should consider implementing backup power systems and other safeguards to ensure that they can continue to function smoothly during unforeseen disruptions.

While BWI officials were able to resolve the situation relatively quickly, the power outage left many passengers frustrated and inconvenienced. This incident serves as a reminder of the need for airports and utilities to have robust contingency plans in place to handle emergencies and prevent delays from spiraling into more significant disruptions.

The power outage at Baltimore/Washington International Airport highlights the vulnerability of critical infrastructure to power failures and the cascading effects such disruptions can have on travel. Although power was restored by noon, the delays, diversions, and logistical challenges faced by passengers underscore the need for greater resilience in airport operations. With travel back on track, BWI and other airports will likely revisit their contingency plans to ensure that they are better prepared for future incidents that could affect air travel.

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FERC Grid Resiliency Pricing Opposition underscores industry groups, RTOs, and ISOs rejecting DOE's NOPR, warning against out-of-market subsidies for coal and nuclear, favoring competitive markets, reliability, and true grid resilience.

Key Points

Coalition urging FERC to reject DOE's NOPR subsidies, protecting reliability and competitive power markets.

✅ Industry groups, RTOs, ISOs oppose DOE NOPR

✅ PJM reports sufficient reliability and resilience

✅ Reject out-of-market aid to coal, nuclear

A diverse group of a dozen energy industry associations representing oil, natural gas, wind, solar, efficiency, and other energy technologies today submitted reply comments to the Federal Energy Regulatory Commission (FERC) continuing their opposition to the Department of Energy's (DOE) proposed rulemaking on grid resiliency pricing and electricity pricing changes within competitive markets, in the next step in this FERC proceeding.

Action by FERC, as lawmakers urge movement on aggregated DERs to modernize markets, is expected by December 11.

In these comments, this broad group of energy industry associations notes that most of the comments submitted initially by an unprecedented volume of filers, including grid operators whose markets would be impacted by the proposed rule, urged FERC not to adopt DOE'sproposed rule to provide out-of-market financial support to uneconomic coal and nuclear power plants in the wholesale electricity markets overseen by FERC.

Just a small set of interests - those that would benefit financially from discriminatory pricing that favors coal and nuclear plants - argued in favor of the rule put forward by DOE in its Notice of Proposed Rulemaking, or NOPR, as did coal and business interests in related regulatory debates. But even those interests - termed 'NOPR Beneficiaries' by the energy associations - failed to provide adequate justification for FERC to approve the rule, and their specific alternative proposals for implementing the bailout of these plants were just as flawed as the DOE plan, according to the energy industry associations.

'The joint comments filed today with partners across the energy spectrum reflect the overwhelming majority view that this proposed rulemaking by FERC is unprecedented and unwarranted, said Todd Foley, Senior Vice President, Policy & Government Affairs, American Council on Renewable Energy.

We're hopeful that FERC will rule against an anti-competitive distortion of the electricity marketplace and avoid new unnecessary initiatives that increase power prices for American consumers and businesses.'

In the new reply comments submitted in response to the initial comments filed by hundreds of stakeholders on or before October 23 - the energy industry associations made the following points: Despite hundreds of comments filed, no new information was brought forth to validate the assertion - by DOE or the NOPR Beneficiaries - that an emergency exists that requires accelerated action to prop up certain power plants that are failing in competitive electricity markets: 'The record in this proceeding, including the initial comments, does not support the discriminatory payments proposed' by DOE, state the industry groups.

Nearly all of the initial comments filed in the matter take issue with the DOE NOPR and its claim of imminent threats to the reliability and resilience of the electric power system, despite reports of coal and nuclear disruptions cited by some advocates: 'Of the hundreds of comments filed in response to the DOE NOPR, only a handful purported to provide substantive evidence in support of the proposal. In contrast, an overwhelming majority of initial comments agree that the DOE NOPR fails to substantiate its assertions of an immediate reliability or resiliency need related to the retirement of merchant coal-fired and nuclear generation.'

Grid operators filed comments refuting claims that the potential retirement of coal and nuclear plants which could not compete for economically present immediate or near-term challenges to grid management, even as a coal CEO criticism targeted federal decisions: 'Even the RTOs and ISOs themselves filed comments opposing the DOE NOPR, noting that the proposed cost-of-service payments to preferred generation would disrupt the competitive markets and are neither warranted nor justified.... Most notably, this includes PJM Interconnection, ... the RTO in which most of the units potentially eligible for payments under the DOE NOPR are located. PJM states that its region 'unquestionably is reliable, and its competitive markets have for years secured commitments from capacity resources that well exceed the target reserve margin established to meet [North American Electric Reliability Corp.] requirements.' And PJM analysis has confirmed that the region's generation portfolio is not only reliable, but also resilient.'

The need for NOPR Beneficiaries to offer alternative proposals reflects the weakness of DOE'srule as drafted, but their options for propping up uneconomic power plants are no better, practically or legally: 'Plans put forward by supporters of the power plant bailout 'acknowledge, at least implicitly, that the preferential payment structure proposed in the DOE NOPR is unclear, unworkable, or both. However, the alternatives offered by the NOPR Beneficiaries, are equally flawed both substantively and procedurally, extending well beyond the scope of the DOE NOPR.'

Citing one example, the energy groups note that the detailed plan put forward by utility FirstEnergy Service Co. would provide preferential payments far more costly than those now provided to individual power plants needed for immediate reasons (and given a 'reliability must run' contract, or RMR): 'Compensation provided under [FirstEnergy's proposal] would be significantly expanded beyond RMR precedent, going so far as to include bailing [a qualifying] unit out of debt based on an unsupported assertion that revenues are needed to ensure long-term operation.'

Calling the action FERC would be required to take in adopting the DOE proposal 'unprecedented,' the energy industry associations reiterate their opposition: 'While the undersigned support the goals of a reliable and resilient grid, adoption of ill-considered discriminatory payments contemplated in the DOE NOPR is not supportable - or even appropriate - from a legal or policy perspective.

About ACORE

The American Council on Renewable Energy (ACORE) is a national non-profit organization leading the transition to a renewable energy economy. With hundreds of member companies from across the spectrum of renewable energy technologies, consumers and investors, ACORE is uniquely positioned to promote the policies and financial structures essential to growth in the renewable energy sector. Our annual forums in Washington, D.C., New York and San Franciscoset the industry standard in providing important venues for key leaders to meet, discuss recent developments, and hear the latest from senior government officials and seasoned experts.

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