High stakes at Bruce Power

By Toronto Star


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A bit of gallows humour is appropriate perhaps when entering the concrete vault of a nuclear reactor.

"Welcome to the house of Count Dracula," says health physicist Maung Zeya. "Enter at your peril."

The out-of-service Candu reactor at the Bruce Power plant appears in the dingy light like a giant mechanical beehive. The air is hot and oppressive, and a handful of repairmen are at work.

Jack Rollins, a radiation official dressed head to toe in protective gear, stands 15 metres from the reactor and points a gun that detects gamma rays. It registers 18 millirems, a unit that measures the amount of radiation absorbed.

"What you see right there has already gone right through your body," says Rollins. "It's like an X-ray."

"Now watch this," he adds, moving his arm toward the reactor and noting the numbers on his gun shooting upwards.

It's an impressive display of the staying power of radiation, particularly since its source – uranium fuel bundles – was removed from the reactor 10 years ago.

But the residual dose is well below the yearly limit for Canadian nuclear workers, allowing them significant stretches of time up close to gut and renovate reactors at the Bruce A plant on the shores of Lake Huron.

The $5.2 billion project to fully refurbish four Candu reactors by 2013 is one of the biggest construction projects in Canada. Duncan Hawthorne, president and chief executive officer of privately owned Bruce Power, says the project will make or break Canada's nuclear industry.

"It's a destiny issue for the industry," Hawthorne says. "The success of this project spawns other projects and the failure of this probably means that we wouldn't want to do it again. Everybody knows what's at stake here."

Hawthorne, who also heads the North American branch of the World Association of Nuclear Operators, believes the outcome could also impact the industry in the U.S., which uses reactors other than Candus.

"If you're trying to borrow from financiers on the back of an unsuccessful project here, what are you going to say? `Well, that was Candu and it was those Canadians that don't know what they're doing?' That's not a very easy sell," he says.

The stakes are especially high in Ontario, where the Ontario Power Authority (OPA) wants to keep almost half of the province's electricity coming from nuclear plants during the next 20 years. That means spending $26.5 billion to renovate existing plants or build new ones.

Ontario's refurbishment record leaves little room for encouragement. Renovating and restarting just two Candu reactors at Pickering A, as taxpayers know, cost publicly-owned Ontario Power Generation $2.5 billion – wildly above the initial $800 million estimate to repair all four Pickering units.

But halfway through the first part of the Bruce project – a $2.7 billion plan to renovate reactors 1 and 2 – Hawthorne remains confident.

"We're on time and on budget," he says during an interview at Bruce Power's corporate offices on the sprawling nuclear site. "That's not to say that it's plain sailing. We'll have to fight our way through it."

The Ontario Power Authority, the agency that signed the much-debated contract with Bruce on behalf of the provincial government, concurs with Hawthorne's assessment.

"Our feeling is, if they're not on target, they're pretty close," says OPA spokesperson Tim Taylor.

Bolstering confidence is the fixed-price contracts Bruce Power signed with most of the contractors. Still, critics well versed with the Pickering refurbishment fiasco roll their eyes at early talk of success.

"The Candu is a bad design – it's a nightmare. The sooner we get rid of it the better," says Frank Greening, who examined weaknesses in the Candu's pressure tubes and feeder pipes while a senior chemist at OPG.

"Refurbishing old Candus is throwing money down a black hole," he adds, describing continued faith in the technology as "Canadians being pigheaded about a Canadian product that was good at one time but now is a lemon."

Critics note that OPG permanently mothballed two Pickering A reactors in 2005 because they were not worth fixing. The other two, which cost a fortune to renovate, have performed poorly since restarting in 2003 and 2005, and were shut down all summer for maintenance.

"The test is, do the (Bruce) units come on line on budget and on time, and how long do they stay on line?" says Mark Winfield, assistant professor of environmental studies at York University. "The record so far does not inspire confidence, to put it mildly."

The Bruce nuclear site is a heavily guarded, 932-hectare complex 250 kilometres northwest of Toronto. It has two nuclear plants – Bruce A and B – each with four Candu reactors, ranging from 750 megawatts to 822 megawatts.

The six working reactors produce about 20 per cent of Ontario's electricity. When all eight are back on-line, the site's total output will be 6,200 megawatts, about 25 per cent of the province's power.

Burdened by debt, and with its nuclear program in disarray, OPG's precursor, Ontario Hydro, began shutting nuclear reactors in the late 1990s, including the four at Bruce A.

In 2001, OPG signed a long-term lease for the Bruce site with Bruce Power, a consortium today made up of uranium producer Cameco Corp., TransCanada PipeLines, the plant's two main unions, and BPC Generation Infrastructure Trust, owned by the Ontario Municipal Employees Retirement System.

By 2005, the consortium had restarted Bruce A reactors 3 and 4, a $720-million renovation project that Bruce initially thought would cost $340 million. Bruce officials blame the cost overrun, picked up wholly by the consortium, largely on security improvements imposed by the Canadian Nuclear Safety Commission after the 9/11 attacks in the U.S.

But Hawthorne makes clear there was more to it than that: "These are complicated animals to restart... restarting reactors is tough."

Also that year, Bruce Power sealed a deal with the provincial government to refurbish and restart three Bruce A reactors, and expanded it this summer to fully renovate the fourth.

Ontario's increased need for power, coupled with the Liberal policy to phase out polluting coal-burning power plants, put the government in a weak negotiating position, according to an April report on the deal by provincial Auditor General Jim McCarter.

When subsidies are factored in, such as a rent reduction for Bruce Power and the government paying for Bruce's uranium fuel, the consortium is guaranteed between 6.3 and 7.1 cents per kilowatt hour for its electricity, McCarter concluded. That's well above the 4.9 cents average for the past five years and significantly above what private-sector experts believe the future price of electricity will be, he added.

"There's a definite cost to doing this sort of deal with the private sector," McCarter says in an interview, adding that the price of Bruce electricity will also increase annually, based on inflation.

"Consumers, you've got to be prepared. Your electricity bills are going up, and they're going up by a pretty healthy amount," he says.

Hawthorne is the poster boy of a beleaguered nuclear industry. After a decade of bad press from Ontario Hydro and OPG debacles, the industry rallied around the Porsche-driving nuclear executive with a Scottish accent. A framed picture in the reception area of his office shows him cradling an unused nuclear fuel bundle in his arms.

He doesn't hesitate to lambaste what he describes as a non-existent conservation culture – "We're a backwards province and a backwards country" – and sharply criticizes Canadian governments for what he says are their abysmal investments in research and development.

He's convinced he's at the forefront of a resurgent nuclear industry, dismissing worldwide examples to the contrary — a German law to phase out nuclear plants and an Italian moratorium on building new ones, to name only two — as temporary sops to public opinion.

"I'm not for nuclear world domination, I'm just recognizing that nuclear is a very significant part of the mix," says Hawthorne, whose consortium is also studying the building of new nuclear plants on the site.

He's equally convinced Bruce can avoid OPG's flawed record of refurbishing Candus or making them work at full capacity.

He suspects a lot of OPG's troubles involved a dysfunctional workplace culture.

He describes the collective agreement Bruce Power inherited as "the thickest you would find anywhere," a result, he believes, of a workplace where "no one trust(ed) anyone."

During a general meeting with employees, Hawthorne says he announced: "If I believe what I hear, I should sack all the managers for being incompetent and sack all you guys for being lazy. I don't believe any of that, and we've got to find a way to change that culture."

In the past, the plant's performance was also badly hit by poor management and a lack of best industry practices that prolonged maintenance when reactors unexpectedly shut down, Hawthorne says. Since Bruce Power took over, technical staff has been completely retrained.

"I know it's a tough project but we're just going to go on and get it done," he says, referring to the refurbishment. "I'd rather take the chance to fail than sit here in the wings without the opportunity."

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ACORE tells FERC that DOE Proposal to Subsidize Coal, Nuclear Power Plants is unsupported by Record

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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Michigan utilities propose more than $20M in EV charging programs

Michigan EV time-of-use charging helps DTE Energy and Consumers Energy manage off-peak demand, expand smart charger rebates, and build DC fast charging infrastructure, lowering grid costs, emissions, and peak load impacts across Michigan's distribution networks.

 

Key Points

Michigan utility programs using time-based EV rates to shift charging off-peak and ease grid load via charger rebates.

✅ Off-peak rates cut peak load and distribution transformer stress.

✅ Rebates support home smart chargers and DC fast charging sites.

✅ DTE Energy and Consumers Energy invest to expand EV infrastructure.

 

The two largest utilities in the state of Michigan, DTE Energy and Consumers Energy, are looking at time-of-use charging rates in two proposed electric vehicle (EV) charging programs, aligned with broader EV charging infrastructure trends among utilities, worth a combined $20.5 million of investments.

DTE Energy last month proposed a $13 million electric vehicle (EV) charging program, which would include transformer upgrades/additions, service drops, labor and contractor costs, materials, hardware and new meters to provide time-of-use charging rates amid evolving charging control dynamics in the market. The Charging Forward program aims to address customer education and outreach, residential smart charger support and charging infrastructure enablement, DTE told regulators in its 1,100-page filing. The utility requested that rebates provided through the program be deferred as a regulatory asset.

Consumers Energy in 2017 withdrew a proposal to install 800 electric vehicle charging ports in its Michigan service territory after questions were raised over how to pay for the $15 million plan. According to Energy News Network, the utility has filed a modified proposal building on the former plan and conversations over the last year that calls for approximately half of the original investment.

Utilities across the country are viewing new demand from EVs as a potential boon to their systems, a shift accelerated by the Model 3's impact on utility planning, potentially allowing greater utilization and lower costs. But that will require the vehicles to be plugged in when other demand is low, to avoid the need for extensive upgrades and more expensive power purchases. Michigan utilities' proposal focuses on off-peak EV charging, as well as on developing new EV infrastructure.

While adoption has remained relatively low nationally, last year the Edison Electric Institute and the Institute for Electric Innovation forecast 7 million EVs on United States' roads by the end of 2025. But unless those EVs can be coordinated, state power grids could face increased stress, the National Renewable Energy Laboratory has said distribution transformers may need to be replaced more frequently and peak load could push system limits — even with just one or two EVs on a neighborhood circuit. 

In its application, DTE told regulators that electrification of transportation offers a range of benefits including "reduced operating costs for EV drivers and affordability benefits for utility customers."

"Most EV charging takes place overnight at home, effectively utilizing distribution and generation capacity in the system during a low load period," the utility said. "Therefore, increased EV adoption puts downward pressure on rates by spreading fixed costs over a greater volume of electric sales."

DTE added that other benefits include reduced carbon emissions, improved air quality, increased expenditures in local economies and reduced dependency on foreign oil for the public at large.

A previous proposal from Consumers Energy included 60 fast charging DC stations along major highways in the Lower Peninsula and 750 240-volt AC stations in metropolitan areas. Consumers' new plan will offer rebates for charger installation, as U.S. charging networks jostle for position amid federal electrification efforts, including residential and DC fast-charging stations.

 

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Philippines Ranks Highest in Coal-Generated Power Dependency

Philippines coal dependency underscores energy transition challenges, climate change risks, and air pollution, as rising electricity demand, fossil fuels, and emissions shape policy shifts toward renewable energy, grid reliability, and sustainable development.

 

Key Points

It is rising reliance on coal for power, driven by demand and cost, with climate, air pollution, and policy risks.

✅ Driven by rising demand, affordability, and grid reliability.

✅ Worsens emissions, air pollution, and public health burdens.

✅ Policy shifts aim at renewable energy, efficiency, and standards.

 

In a striking development, the Philippines has surpassed China and Indonesia to become the nation most dependent on coal-generated power in recent years. This shift highlights significant implications for the country's energy strategy, environmental policies, and its commitment to sustainable development, and comes as global power demand continues to surge worldwide.

Rising Dependency on Coal

The Philippines' increasing reliance on coal-generated power is driven by several factors, including rapid economic growth, rising electricity demand, and regional uncertainties in China's electricity sector that influence fuel markets, and the perceived affordability and reliability of coal as an energy source. Coal has historically been a key component of the Philippines' energy mix, providing a stable supply of electricity to support industrialization and urbanization efforts.

Environmental and Health Impacts

Despite its economic benefits, coal-generated power comes with significant environmental and health costs, especially as soaring electricity and coal use amplifies exposure to pollution. Coal combustion releases greenhouse gases such as carbon dioxide, contributing to global warming and climate change. Additionally, coal-fired power plants emit pollutants such as sulfur dioxide, nitrogen oxides, and particulate matter, which pose health risks to nearby communities and degrade air quality.

Policy and Regulatory Landscape

The Philippines' energy policies have evolved to address the challenges posed by coal dependency while promoting sustainable alternatives. The government has introduced initiatives to encourage renewable energy development, improve energy efficiency, and, alongside stricter emissions standards on coal-fired power plants, is evaluating nuclear power for inclusion in the energy mix to meet future demand. However, balancing economic growth with environmental protection remains a complex and ongoing challenge.

International and Domestic Pressures

Internationally, there is growing pressure on countries to reduce reliance on fossil fuels and transition towards cleaner energy sources as part of global climate commitments under the Paris Agreement, illustrated by the United Kingdom's plan to end coal power within its grid. The Philippines' status as the most coal-dependent nation underscores the urgency for policymakers to accelerate the shift towards renewable energy and reduce carbon emissions to mitigate climate impacts.

Challenges and Opportunities

Transitioning away from coal-generated power presents both challenges and opportunities for the Philippines. Challenges include overcoming entrenched interests in the coal industry, addressing energy security concerns, and navigating the economic implications of energy transition, particularly as clean energy investment in developing nations has recently declined, adding financial headwinds. However, embracing renewable energy offers opportunities to diversify the energy mix, reduce dependence on imported fuels, create green jobs, and improve energy access in remote areas.

Community and Stakeholder Engagement

Engaging communities and stakeholders is crucial in shaping the Philippines' energy transition strategy. Local residents, environmental advocates, industry leaders, and policymakers play essential roles in fostering dialogue, raising awareness about the benefits of renewable energy, and advocating for policies that promote sustainable development and protect public health.

Future Outlook

The Philippines' path towards reducing coal dependency and advancing renewable energy is critical to achieving long-term sustainability and resilience against climate change impacts. By investing in renewable energy infrastructure, enhancing energy efficiency measures, and fostering innovation in clean technologies, as renewables poised to eclipse coal indicate broader momentum, the country can mitigate environmental risks, improve energy security, and contribute to global efforts to combat climate change.

Conclusion

As the Philippines surpasses China and Indonesia in coal-generated power dependency, the nation faces pivotal decisions regarding its energy future. Balancing economic growth with environmental stewardship requires strategic investments in renewable energy, robust policy frameworks, and proactive engagement with stakeholders to achieve a sustainable and resilient energy system. By prioritizing clean energy solutions, the Philippines can pave the way towards a greener and more sustainable future for generations to come.

 

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The Need for Electricity During the COVID-19 Pandemic

US utilities COVID-19 resilience shows electric utilities maintaining demand stability, reaffirming earnings guidance, and accessing the bond market for low-cost financing, as Dominion, NextEra, and Con Edison manage recession risks.

 

Key Points

It is the sector's capacity to sustain demand, financing access, and guidance despite pandemic recession pressures.

✅ Bond market access locks in low-cost, long-term debt

✅ Stable residential load offsets industrial weakness

✅ Guidance largely reaffirmed by major utilities

 

Dominion Energy (D) expects "incremental residential load" gains, consistent with COVID-19 electricity demand patterns, as a result of COVID-19 fallout. Southern Company CEO Tom Fanning says his company is "nowhere near" a need to review earnings guidance because of a potential recession, in a region where efficiency and demand response can help level electricity demand for years.

Sempra Energy (SRE) has reaffirmed earnings per share guidance for 2020 and 2021, as well timing for the sale of assets in Chile and Peru, and peers such as Duke Energy's renewables plan have reaffirmed capital investments to deliver cleaner energy and economic growth. And Xcel Energy (XEL) says it still "hasn’t seen material impact on its business."

Several electric utilities have demonstrated ability to tap the bond market, in line with utility sector trends in recent years, to lock in low-cost financing, as America moves toward broader electrification, despite ongoing turmoil. Their ranks include Dominion Energy, renewable energy leader NextEra Energy (NEE) and Consolidated Edison (ED), which last week sold $1 billion of 30-year bonds at a coupon rate of just 3.95 percent.

It’s still early days for US COVID-19 fallout. And most electric companies have yet to issue guidance. That’s understandable, since so much is still unknown about the virus and the damage it will ultimately do to human health and the global economy. But so far, the US power industry is showing typical resilience in tough times, as it coordinates closely with federal partners to maintain reliability.

Will it last? We won’t know for certain until there’s a lot more data. NextEra is usually first to report its Q1 earnings reports and detailed guidance. But that’s not expected until April 23. And companies may delay financials further, should the virus and efforts to control it impede collection and analysis of data, and as they address electricity shut-off risks affecting customers.

 

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Hydro One reports $1.1B Q2 profit boosted by one-time gain due to court ruling

Hydro One Q2 Earnings surge on a one-time gain from a court ruling on a deferred tax asset, lifting profit, revenue, and adjusted EPS at Ontario's largest utility regulated by the Ontario Energy Board.

 

Key Points

Hydro One Q2 earnings jumped on an $867M court gain, with revenue at $1.67B and adjusted EPS improving to $0.39.

✅ One-time gain: $867M from tax appeal ruling.

✅ Revenue: $1.67B vs $1.41B last year.

✅ Adjusted EPS: $0.39 vs $0.26.

 

Hydro One Ltd., following the Peterborough Distribution sale transaction closing, reported a second-quarter profit of $1.1 billion, boosted by a one-time gain related to a court decision.

The power utility says it saw a one-time gain of $867 million in the quarter due to an Ontario court ruling on a deferred tax asset appeal that set aside an Ontario Energy Board decision earlier.

Hydro One says the profit amounted to $1.84 per share for the quarter ended June 30, amid investor concerns about uncertainties, up from $155 million or 26 cents per share a year earlier.

Shares also moved lower after the Ontario government announced leadership changes, as seen when Hydro One shares fell on the news in prior trading.

On an adjusted basis, it says it earned 39 cents per share for the quarter, despite earlier profit plunge headlines, up from an adjusted profit of 26 cents per share in the same quarter last year.

Revenue totalled $1.67 billion, up from $1.41 billion in the second quarter of 2019, while other Canadian utilities like Manitoba Hydro face heavy debt burdens.

Hydro One is Ontario’s largest electricity transmission and distribution provider, and its CEO compensation has drawn scrutiny in the province.

 

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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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