Dion talks emissions policy, future of nuclear energy

By Cobourg Daily Star


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The Conservative's new Clean Air Act "is probably useless," says federal Liberal leader and former Environment Minister, Stephane Dion.

Mr. Dion was responding to Northumberland/Quinte West MP Rick Norlock's suggestion that instead of criticizing his government's plan Mr. Dion should get "off the sidelines" and work with the Conservatives to discuss the changes he would like to see incorporated into the new legislation.

The local member should know the existing Canadian Environmental Protection Act already has the capacity to regulate emissions, Dion said.

"We don't need the (new) Act," he stressed.

The Liberal leader made his comments via a teleconference recently with Osprey Media reporters during an election-style tour through Ontario. His latest stop was in Brantford.

The Conservatives don't have a comprehensive plan and after ignoring the environment, they've suddenly become aware of its importance to Canadians. So they are making announcements of initiatives with new names but repeating what's already been done by the Liberals, Dion contends.

"It's a game they are playing."

Canadians are too bright to fall for it, he added.

Still, Mr. Dion said, the Liberals are collaborating as much as possible... to make the Act work.

Conservative Natural Resources Minister Gary Lunn announced that $230-million will be invested by the federal government over the next four years to make Canada "a clean energy superpower." It's called the Eco Energy Technology Initiative and the mandate is "cleaning up conventional energy production," he is quoted as saying in a published report.

Mr. Dion promised that under a Liberal federal government Canadian companies would be regulated to decrease emissions by about 10 per cent, he said. Those that exceeded the target could sell the excess to companies that failed to meet it.

It's a carrot-and-stick approach with those achieving the best success, earning cash rewards from others that don't, Mr. Dion explained.

While Conservative Natural Resources Minister Lunn says there is an opportunity to pursue nuclear energy and he is "keen" on doing so, Mr. Dion said that there must be public debate about dealing with waste from that power source and that he is hesitant about expanding nuclear power until that takes place.

"I don't rule it out (though)," the Liberal leader said.

Asked if he favoured the 2005 plan for long-term storage of spent nuclear fuel bundles within the northern Canadian Shield, Mr. Dion said he could not respond to the question.

On other fronts, Mr. Dion reiterated his commitment to sustainable development, fiscal responsibility and social justice.

He also promised that a Liberal government would:

- partner with the provincial government to help the homeless and families with daycare needs;

- create an independent land-claim body like the U.S. to speed up processing First Nation land claims; and reduce passport fees.

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A new nuclear reactor in the U.S. starts up. It's the first in nearly seven years

Vogtle Unit 3 Initial Criticality marks the startup of a new U.S. nuclear reactor, initiating fission to produce heat, steam, and electricity, supporting clean energy goals, grid reliability, and carbon-free baseload power.

 

Key Points

Vogtle Unit 3 Initial Criticality is the first fission startup, launching power generation at a new U.S. reactor.

✅ First new U.S. reactor to reach criticality since 2016

✅ Generates carbon-free baseload power for the grid

✅ Faced cost overruns and delays during construction

 

For the first time in almost seven years, a new nuclear reactor has started up in the United States.

On Monday, Georgia Power announced that the Vogtle nuclear reactor Unit 3 has started a nuclear reaction inside the reactor as part of the first new reactors in decades now taking shape at the plant.

Technically, this is called “initial criticality.” It’s when the nuclear fission process starts splitting atoms and generating heat, Georgia Power said in a written announcement.

The heat generated in the nuclear reactor causes water to boil. The resulting steam spins a turbine that’s connected to a generator that creates electricity.

Vogtle’s Unit 3 reactor will be fully in service in May or June, Georgia Power said.

The last time a nuclear reactor reached the same milestone was almost seven years ago in May 2016 when the Tennessee Valley Authority started splitting atoms at the Watts Bar Unit 2 reactor in Tennessee, Scott Burnell, a spokesperson for the Nuclear Regulatory Commission, told CNBC.

“This is a truly exciting time as we prepare to bring online a new nuclear unit that will serve our state with clean and emission-free energy for the next 60 to 80 years,” Chris Womack, CEO of Georgia Power, said in a written statement. 

Including the newly turned-on Vogtle Unit 3 reactor, there are currently 93 nuclear reactors operating in the United States and, collectively, they generate 20% of the electricity in the country, although a South Carolina plant leak recently showed how outages can sideline a unit for weeks.

Nuclear reactors, which help combat global warming and support net-zero emissions goals, generate about half of the clean, carbon-free electricity generated in the U.S.

Most of the nuclear power reactors in the United States were constructed between 1970 and 1990, but construction slowed significantly after the accident at Three Mile Island near Middletown, Pennsylvania, on March 28, 1979, even as interest in next-gen nuclear power has grown in recent years. From 1979 through 1988, 67 nuclear reactor construction projects were canceled, according to the U.S. Energy Information Administration.

However, because nuclear energy is generated without releasing carbon dioxide emissions, which cause global warming, the increased sense of urgency in responding to climate change has given nuclear energy a chance at a renaissance as atomic energy heats up again globally.

The cost associated with building nuclear reactors is a major barrier to a potential resurgence in nuclear energy, however, even as nuclear generation costs have fallen to a ten-year low. And the new builds at Vogtle have become an epitome of that charge: The construction of the two Vogtle reactors has been plagued by cost overruns and delays.
 

 

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Ontario confronts reality of being short of electricity in the coming years

Ontario electricity shortage is looming, RBC and IESO warn, as EV electrification surges, Pickering nuclear faces delays, and gas plants backstop expiring renewables, raising GHG emissions and grid reliability concerns across the province.

 

Key Points

A projected supply shortfall as demand rises from electrification, expiring contracts, and delayed nuclear capacity.

✅ RBC warns shortages as early as 2026, significant by 2030

✅ IESO sees EV-driven demand; 5,000-15,000 MW by 2035

✅ Gas reliance boosts GHGs; Pickering life extension assessed

 

In a fit of ideological pique, Doug Ford’s government spent more than $200 million to scrap more than 700 green energy projects soon after winning the 2018 election, amid calls to make clean, affordable power a central issue, portraying them as “unnecessary and expensive energy schemes.”

A year later, then Associate Energy Minister Bill Walker defended the decision, declaring, “Ontario has an adequate supply of power right now.”

Well, life moves fast. At the time, scrapping the renewable energy projects was criticized as short-sighted and wasteful, raising doubts about whether Ontario was embracing clean power in a meaningful way. It seems especially so now as Ontario confronts the reality of being short of electricity in the coming years.

How short? A recent report by RBC calls the situation “urgent,” saying that Canada’s most populous province could face energy shortages as early as 2026. As contracts for non-hydro renewables and gas plants expire, the shortages could be “significant” by 2030, the bank report said, with grid greening costs adding to the challenge.

The Independent Electricity System Operator (IESO), which manages the electrical supply in Ontario, says demand for electricity could rise at rates not seen in many years, as the government moves to add new gas plants to boost capacity. “Economic growth coming out of the pandemic, along with electrification in many sectors, is driving energy use up,” the agency said in a December assessment.

The good news is that demand is being driven, in part, by the transition to “green” power – carbon-emission-free electricity – by sectors such as transportation and manufacturing. That will help reduce emissions. Yet meeting that demand presents some challenges, prompting the province to outline a plan to address growing needs across the system. The shift to electric vehicles alone is expected to cause a spike in demand starting in 2030. By 2035, the province could need an additional 5,000 to 15,000 megawatts of electricity, the IESO estimates.

It was perhaps no surprise then to see the province announce last week that it wants to delay the long-planned closing of the Pickering nuclear plant by a year to 2026, even as others note the station is slated to close as planned. Operations beyond that would require refurbishing the facility. The province said it’s taking a fresh look at whether that would make sense to extend its life by another 30 years.

In the interim, the province will be forced to dramatically ramp up its reliance on natural gas plants for electricity generation – and, as analysts warn, Ontario’s power mix could get dirtier even before new non-emitting capacity is built, and in the process, increase greenhouse gas emissions from the energy grid by 400 per cent. Broader electrification is expected to produce “significant” GHG emissions reductions in Ontario over the next two decades, according to the IESO. Still, it’s working at cross-purposes if your electric car is charged by electricity generated by fossil fuels.

 

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Will Israeli power supply competition bring cheaper electricity?

Israel Electricity Reform Competition opens the supply segment to private suppliers, challenges IEC price controls, and promises consumer choice, marginal discounts, and market liberalization amid natural gas generation and infrastructure remaining with IEC.

 

Key Points

Policy opening 40% of supply to private vendors, enabling consumer choice and small discounts while IEC retains the grid.

✅ 40% of retail supply opened to private electricity suppliers

✅ IEC keeps meters, lines; tariffs still regulated by the authority

✅ Expected discounts near 7%, not dramatic price cuts initially

 

"See the pseudo-reform in the electricity sector: no lower prices, no opening the market to competition, and no choice of electricity suppliers, with a high rate for consumers despite natural gas." This is an advertisement by the Private Power Producers Forum that is appearing everywhere: Facebook, the Internet, billboards, and the press.

Is it possible that the biggest reform in the economy with a cost estimated by Israel Electric Corporation (IEC) (TASE: ELEC.B22) at NIS 7 billion is really a pseudo-reform? In contrast to the assertions by the private electricity producers, who are supposedly worried about our wallets and want to bring down the cost of electricity for us, the reform will open a segment of electricity supply to competition, as agreed in the final discussions about the reform. No less than 40% of this segment will be removed from IEC's exclusive responsibility and pass to private hands.

This means that in the not-too-distant future, one million households in Israel will be able to choose between different electricity suppliers. IEC will retain the infrastructure, with its meter and power lines, but for the first time, the supplier who sends the monthly bill to our home can be a private concern.

Up until now, the only regulatory agency determining the electricity rate in Israel was the Public Utilities Authority (electricity), i.e. the state. Now, in the framework of the reform, as a result of opening the supply segment to competition, private electricity producers will be able to offer a lower rate than IEC's, with mechanisms like electricity auctions shown to cut costs in some markets, while IEC's rate will still be controlled by the Public Utilities Authority (electricity).

This situation differs from the situation in almost all European countries, where the electricity market is fully open to competition and the EU is pursuing an electricity market revamp to address pricing challenges, with no electricity price controls and free switching by consumers between electricity producers, just as in the mobile phone market. This measure has not lowered electricity prices in Europe, where rates are higher than in Israel, which is in the bottom third of OECD countries in its electricity rate.

Regardless of reports, supply will be opened to competition and we will be able to choose between electricity suppliers in the future. Are the private electricity producers nevertheless right when they say that the electricity sector will not be opened to "real competition"?

 

What is obviously necessary is for the private producers to offer a substantially lower rate than IEC in order to attract as many new customers as possible and win their trust. Can the private producers offer a significantly lower rate than IEC? The answer is no, at least not in the near future. The teams handling the negotiations are aware of this. "The private supplier's price will not be significantly cheaper than IEC's controlled price; there will be marginal discounts," a senior government source explains. "What is involved here is another electricity intermediary, so it will not contribute to competition and lowering the price," he added.

There are already private electricity producers supplying electricity to large business customers - factories, shopping malls, and so forth - at a 7% discount. The rest of the electricity that they produce is sold to the system manager. When supply is opened to competition, it can be assumed that the private suppliers will also be able to offer a similar discount to private consumers.

Will a 7% discount cause a home consumer to leave reliable and familiar IEC for a private producer, given evidence from retail electricity competition in other markets? This is hard to know.

#google#

Why cannot private electricity producers offer a larger discount that will really break the monopoly, as their advertisement says they want to do? Chen Herzog, chief economist and partner at BDO Consulting, which is advising the Private Power Producers Forum, says, "Competition in supply requires the construction of competitive power plants that can compete and offer cheaper electricity.

"The power plants that IEC will sell in the reform, which will go on selling electricity to IEC, are outmoded, inefficient, and non-competitive. In addition, the producer will have to continue employing IEC workers in the purchased plants for at least five years. The producer will generate electricity in IEC power stations with IEC employees and additional overhead of a private producer, with factors such as cost allocation further shaping end-user rates. This amounts to being an IEC subcontractor in production. There is no saving on costs, so there will be no surplus to deduct from the consumer price," he adds.

The idea of opening supply to electricity market competition on such a large scale sounds promising, but saving on electricity for consumers still looks a long way off.

 

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How utilities are using AI to adapt to electricity demands

AI Load Forecasting for Utilities leverages machine learning, smart meters, and predictive analytics to balance energy demand during COVID-19 disruptions, optimize grid reliability, support demand response, and stabilize rates for residential and commercial customers.

 

Key Points

AI predicts utility demand with ML and smart meters to improve reliability and reduce costs.

✅ Adapts to rapid demand shifts with accurate short term forecasts

✅ Optimizes demand response and distributed energy resources

✅ Reduces outages risk while lowering procurement and operating costs

 

The spread of the novel coronavirus that causes COVID-19 has prompted state and local governments around the U.S. to institute shelter-in-place orders and business closures. As millions suddenly find themselves confined to their homes, the shift has strained not only internet service providers, streaming platforms, and online retailers, but the utilities supplying power to the nation’s electrical grid, which face longer, more frequent outages as well.

U.S. electricity use on March 27, 2020 was 3% lower than it was on March 27, 2019, a loss of about three years of sales growth. Peter Fox-Penner, director of the Boston University Institute for Sustainable Energy, asserted in a recent op-ed that utility revenues will suffer because providers are halting shutoffs and deferring rate increases. Moreover, according to research firm Wood Mackenzie, the rise in household electricity demand won’t offset reduced business electricity demand, mainly because residential demand makes up just 40% of the total demand across North America.

Some utilities are employing AI and machine learning for the energy transition to address the windfalls and fluctuations in energy usage resulting from COVID-19. Precise load forecasting could ensure that operations aren’t interrupted in the coming months, thereby preventing blackouts and brownouts. And they might also bolster the efficiency of utilities’ internal processes, leading to reduced prices and improved service long after the pandemic ends.

Innowatts
Innowatts, a startup developing an automated toolkit for energy monitoring and management, counts several major U.S. utility companies among its customers, including Portland General Electric, Gexa Energy, Avangrid, Arizona Public Service Electric, WGL, and Mega Energy. Its eUtility platform ingests data from over 34 million smart energy meters across 21 million customers in more than 13 regional energy markets, while its machine learning algorithms analyze the data to forecast short- and long-term loads, variances, weather sensitivity, and more.

Beyond these table-stakes predictions, Innowatts helps evaluate the effects of different rate configurations by mapping utilities’ rate structures against disaggregated cost models. It also produces cost curves for each customer that reveal the margin impacts on the wider business, and it validates the yield of products and cost of customer acquisition with models that learn the relationships between marketing efforts and customer behaviors (like real-time load).

Innowwatts told VentureBeat that it observed “dramatic” shifts in energy usage between the first and fourth weeks of March. In the Northeast, “non-essential” retailers like salons, clothing shops, and dry cleaners were using only 35% as much energy toward the end of the month (after shelter-in-place orders were enacted) versus the beginning of the month, while restaurants (excepting pizza chains) were using only 28%. In Texas, conversely, storage facilities were using 142% as much energy in the fourth week compared with the first.

Innowatts says that throughout these usage surges and declines, its clients took advantage of AI-based load forecasting to learn from short-term shocks and make timely adjustments. Within three days of shelter-in-place orders, the company said, its forecasting models were able to learn new consumption patterns and produce accurate forecasts, accounting for real-time changes.

Innowatts CEO Sid Sachdeva believes that if utility companies had not leveraged machine learning models, demand forecasts in mid-March would have seen variances of 10-20%, significantly impacting operations.

“During these turbulent times, AI-based load forecasting gives energy providers the ability to … develop informed, data-driven strategies for future success,” Sachdeva told VentureBeat. “With utilities and energy retailers seeing a once-in-a-lifetime 30%-plus drop in commercial energy consumption, accurate forecasting has never been more important. Without AI tools, utilities would see their forecasts swing wildly, leading to inaccuracies of 20% or more, placing an enormous strain on their operations and ultimately driving up costs for businesses and consumers.”

Autogrid
Autogrid works with over 50 customers in 10 countries — including Energy Australia, Florida Power & Light, and Southern California Edison — to deliver AI-informed power usage insights. Its platform makes 10 million predictions every 10 minutes and optimizes over 50 megawatts of power, which is enough to supply the average suburb.

Flex, the company’s flagship product, predicts and controls tens of thousands of energy resources from millions of customers by ingesting, storing, and managing petabytes of data from trillions of endpoints. Using a combination of data science, machine learning, and network optimization algorithms, Flex models both physics and customer behavior, automatically anticipating and adjusting for supply and demand patterns through virtual power plants that coordinate distributed assets.

Autogrid also offers a fully managed solution for integrating and utilizing end-customer installations of grid batteries and microgrids. Like Flex, it automatically aggregates, forecasts, and optimizes capacity from assets at sub-stations and transformers, reacting to distribution management needs while providing capacity to avoid capital investments in system upgrades.

Autogrid CEO Dr. Amit Narayan told VentureBeat that the COVID-19 crisis has heavily shifted daily power distribution in California, where it’s having a “significant” downward impact on hourly prices in the energy market. He says that Autogrid has also heard from customers about transformer failures in some regions due to overloaded circuits, which he expects will become a problem in heavily residential and saturated load areas during the summer months (as utilities prepare for blackouts across the U.S. when air conditioning usage goes up).

“In California, [as you’ll recall], more than a million residents faced wildfire prevention-related outages in PG&E territory in 2019,” Narayan said, referring to the controversial planned outages orchestrated by Pacific Gas & Electric last summer. “The demand continues to be high in 2020 in spite of the COVID-19 crisis, as residents prepare to keep the lights on and brace for a similar situation this summer. If a 2019 repeat happens again, it will be even more devastating, given the health crisis and difficulty in buying groceries.”

AI making a difference
AI and machine learning isn’t a silver bullet for the power grid — even with predictive tools at their disposal, utilities are beholden to a tumultuous demand curve and to mounting climate risks across the grid. But providers say they see evidence the tools are already helping to prevent the worst of the pandemic’s effects — chiefly by enabling them to better adjust to shifted daily and weekly power load profiles.

“The societal impact [of the pandemic] will continue to be felt — people may continue working remotely instead of going into the office, they may alter their commute times to avoid rush hour crowds, or may look to alternative modes of transportation,” Schneider Electric chief innovation officer Emmanuel Lagarrigue told VentureBeat. “All of this will impact the daily load curve, and that is where AI and automation can help us with maintenance, performance, and diagnostics within our homes, buildings, and in the grid.”

 

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Energy authority clears TEPCO to restart Niigata nuclear plant

TEPCO Kashiwazaki-Kariwa restart plan clears NRA fitness review, anchored by a seven-point safety code, Niigata consent, Fukushima lessons, seismic risk analysis, and upgrades to No. 6 and No. 7 reactors, each rated 1.35 GW.

 

Key Points

TEPCO's plan to restart Kashiwazaki-Kariwa under NRA rules, pending Niigata consent and upgrades to Units 6 and 7.

✅ NRA deems TEPCO fit; legally binding seven-point safety code

✅ Local consent required: Niigata review of evacuation and health impacts

✅ Initial focus on Units 6 and 7; 1.35 GW each, seismic upgrades

 

Tokyo Electric Power Co. cleared a major regulatory hurdle toward restarting a nuclear power plant in Niigata Prefecture, but the utility’s bid to resume its operations still hangs in the balance of a series of political approvals.

The government’s nuclear watchdog concluded Sept. 23 that the utility is fit to operate the plant, based on new legally binding safety rules TEPCO drafted and pledged to follow, even as nuclear projects worldwide mark milestones across different regulatory environments today. If TEPCO is found to be in breach of those regulations, it could be ordered to halt the plant’s operations.

The Nuclear Regulation Authority’s green light now shifts the focus over to whether local governments will agree in the coming months to restart the Kashiwazaki-Kariwa plant.

TEPCO is keen to get the plant back up and running. It has been financially reeling from the closure of its nuclear plants in Fukushima Prefecture following the triple meltdown at the Fukushima No. 1 nuclear plant in 2011 triggered by the earthquake and tsunami disaster.

In parallel, Japan is investing in clean energy innovations such as a large hydrogen system being developed by Toshiba, Tohoku Electric Power and Iwatani.

The company plans to bring the No. 6 and No. 7 reactors back online at the Kashiwazaki-Kariwa nuclear complex, which is among the world’s largest nuclear plants, amid China’s nuclear energy continuing on a steady development track in the region.

The two reactors each boast 1.35 gigawatts in output capacity, while Kenya’s nuclear plant aims to power industry as part of that country’s expansion. They are the newest of the seven reactors there, first put into service between 1996 and 1997.

TEPCO has not revealed specific plans yet on what to do with the older five reactors.

In 2017, the NRA cleared the No. 6 and No. 7 reactors under the tougher new reactor regulations established in 2013 in response to the Fukushima nuclear disaster, while jurisdictions such as Ontario support continued operation at Pickering under strict oversight.

It also closely scrutinized the operator’s ability to run the Niigata Prefecture plant safely, given its history as the entity responsible for the nation’s most serious nuclear accident.

After several rounds of meetings with top TEPCO managers, the NRA managed to hold the utility’s feet to the fire enough to make it pledge, in writing, to abide by a new seven-point safety code for the Kashiwazaki-Kariwa plant.

The creation of the new code, which is legally binding, is meant to hold the company accountable for safety measures at the facility.

“As the top executive, the president of TEPCO will take responsibility for the safety of nuclear power,” one of the points reads. “TEPCO will not put the facility’s economic performance above its safety,” reads another.

The company promised to abide by the points set out in writing during the NRA’s examination of its safety regulations.

TEPCO also vowed to set up a system where the president is directly briefed on risks to the nuclear complex, including the likelihood of earthquakes more powerful than what the plant is designed to withstand. It must also draft safeguard measures to deal with those kinds of earthquakes and confirm whether precautionary steps are in place.

The utility additionally pledged to promptly release public records on the decision-making process concerning crucial matters related to nuclear safety, and to preserve the documents until the facility is decommissioned.

TEPCO plans to complete its work to reinforce the safety of the No. 7 reactor in December. It has not set a definite deadline for similar work for the No. 6 reactor.

To restart the Kashiwazki-Kariwa plant, TEPCO needs to obtain consent from local governments, including the Niigata prefectural government.

The prefectural government is studying the plant’s safety through a panel of experts, which is reviewing whether evacuation plans are adequate as off-limits areas reopen and the health impact on residents from the Fukushima nuclear disaster.

Niigata Governor Hideyo Hanazumi said he will not decide on the restart until the panel completes its review.

The nuclear complex suffered damage, including from fire at an electric transformer, when an earthquake it deemed able to withstand hit in 2007.

 

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Coal, Business Interests Support EPA in Legal Challenge to Affordable Clean Energy Rule

Affordable Clean Energy Rule Lawsuit pits EPA and coal industry allies against health groups over Clean Power Plan repeal, greenhouse gas emissions standards, climate change, public health, and state authority before the D.C. Circuit.

 

Key Points

A legal fight over EPA's ACE rule and CPP repeal, weighing emissions policy, state authority, climate, and public health.

✅ Challenges repeal of Clean Power Plan and adoption of ACE.

✅ EPA backed by coal, utilities; health groups seek stricter limits.

✅ D.C. Circuit to review emissions authority and state roles.

 

The largest trade association representing coal interests in the country has joined other business and electric utility groups in siding with the EPA in a lawsuit challenging the Trump administration's repeal of the Clean Power Plan.

The suit -- filed by the American Lung Association and the American Public Health Association -- seeks to force the U.S. Environmental Protection Agency to drop a new rule-making process that critics claim would allow higher levels of greenhouse gas emissions, further contributing to the climate crisis and negatively impacting public health.

The new rule, which the Trump administration calls the "Affordable Clean Energy rule" (ACE), "would replace the 2015 Clean Power Plan, which EPA has proposed to repeal because it exceeded EPA's authority. The Clean Power Plan was stayed by the U.S. Supreme Court and has never gone into effect," according to an EPA statement.

EPA has also moved to rewrite wastewater limits for coal power plants, signaling a broader rollback of related environmental requirements.

America's Power -- formerly the American Coalition for Clean Coal Electricity -- the U.S. Chamber of Commerce, the National Mining Association, and the National Rural Electric Cooperative Association have filed motions seeking to join the lawsuit. The U.S. Court of Appeals for the District of Columbia Circuit has not yet responded to the motion.

Separately, energy groups warned that President Trump and Energy Secretary Rick Perry were rushing major changes to electricity pricing that could disrupt markets.

"In this rule, the EPA has accomplished what eluded the prior administration: providing a clear, legal pathway to reduce emissions while preserving states' authority over their own grids," Hal Quinn, president and chief executive officer of the mining association, said when the new rule was released last month. "ACE replaces a proposal that was so extreme that the Supreme Court issued an unprecedented stay of the proposal, having recognized the economic havoc the mere suggestion of such overreach was causing in the nation's power grid."

Around the same time, a coal industry CEO blasted a federal agency's decision on the power grid as harmful to reliability.

The trade and business groups have argued that the Clean Power Plan, set by the Obama administration, was an overreach of federal power. Finalized in 2015, the plan was President Obama's signature policy on climate change, rooted in compliance with the Paris Climate Treaty. It would have set state limits on emissions from existing power plants but gave wide latitude for meeting goals, such as allowing plant operators to switch from coal to other electric generating sources to meet targets.

Former EPA Administrator Scott Pruitt argued that the rule exceeded federal statutory limits by imposing "outside the fence" regulations on coal-fired plants instead of regulating "inside the fence" operations that can improve efficiency.

The Clean Power Plan set a goal of reducing carbon emissions from power generators by 32 percent by the year 2030. An analysis from the Rhodium Group found that had states taken full advantage of the CPP's flexibility, emissions would have been reduced by as much as 72 million metric tons per year on average. Still, even absent federal mandates, the group noted that states are taking it upon themselves to enact emission-reducing plans based on market forces.

In its motion, America's Power argues the EPA "acknowledged that the [Best System of Emission Reduction] for a source category must be 'limited to measures that can be implemented ... by the sources themselves.'" If plants couldn't take action, compliance with the new rule would require the owners or operators to buy emission rate credits that would increase investment in electricity from gas-fired or renewable sources. The increase in operating costs plus federal efforts to shift power generation to other sources of energy, thereby increasing costs, would eventually force the coal-fired plants out of business.

In related proceedings, renewable energy advocates told FERC that a DOE proposal to subsidize coal and nuclear plants was unsupported by the record, highlighting concerns about market distortions.

"While we are confident that EPA will prevail in the courts, we also want to help EPA defend the new rule against others who prefer extreme regulation," said Michelle Bloodworth, president and CEO of America's Power.

"Extreme regulation" to one group is environmental and health protections to another, though.

Howard A. Learner, executive director of the Environmental Law & Policy Center of the Midwest, defended the Clean Power Plan in an opinion piece published in June.

"The Midwest still produces more electricity from coal plants than any other region of the country, and Midwesterners bear the full range of pollution harms to public health, the Great Lakes, and overall environmental quality," Learner wrote. "The new [Affordable Clean Energy] Rule is a misguided policy, moves our nation backward in solving climate change problems, and misses opportunities for economic growth and innovation in the global shift to renewable energy. If not reversed by the courts, as it should be, the next administration will have the challenge of doing the right thing for public health, the climate and our clean energy future."

When it initially filed its lawsuit against the Trump administration's Affordable Clean Energy Rule, the American Lung Association accused the EPA of "abdicat[ing] its legal duties and obligations to protect public health." It also referred to the new rule as "dangerous."

 

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