TVA admonished over high rates

COVID-19 Impact on U.S. Wind Industry: disrupting wind power projects, tax credits, and construction timelines, risking rural revenues, jobs, and $35B investments; AWEA seeks Congressional flexibility as OEM shutdowns like Siemens Gamesa intensify delays.

Key Points

Pandemic disruptions threaten 25 GW of projects, $35B investment, rural revenues, jobs, and tax-credit timelines.

✅ 25 GW at risk; $35B investment jeopardized

✅ Rural taxes and land-lease payments may drop $8B

✅ AWEA seeks Congressional flexibility on tax-credit deadlines

In one of the latest examples of the havoc that the novel coronavirus is wreaking on the U.S. economy and the crisis hitting solar and wind sector alike, the American Wind Energy Association (AWEA) -- the national trade association for the U.S. wind industry -- yesterday stated its concerns that COVID-19 will "pose significant challenges to the American wind power industry." According to AWEA's calculations, the disease is jeopardizing the development of approximately 25 gigawatts of wind projects, representing $35 billion in investments, even as wind additions persist in some markets amid the pandemic.

Rural communities, where about 99% of wind projects are located, in particular, face considerable risk. The AWEA estimates that rural communities stand to lose about $8 billion in state and local tax payments and land-lease payments to private landowners. In addition, it's estimated that the pandemic threatens the loss of over 35,000 jobs, and the U.S. wind jobs outlook underscores the stakes, including wind turbine technicians, construction workers, and factory workers.

The development of wind projects is heavily reliant on the earning of tax credits, and debates over a Solar ITC extension highlight potential impacts on wind. However, in order to qualify for the current credits, project developers are bound to begin construction before Dec. 31, 2020. With local and state governments implementing various measures to stop the spread of the virus, the success of project developers' meeting this deadline is dubious, as utility-scale solar construction slows nationwide due to COVID-19. Addressing this and other challenges, the AWEA is turning to the government for help. In the trade association's press release, it states that "to protect the industry and these workers, AWEA is asking Congress for flexibility in allowing existing policies to continue working for the industry through this period of uncertainty."

Illustrating one of the ways in which COVID-19 is affecting the industry, Siemens Gamesa, a global leader in the manufacturing of wind turbines, closed a second Spanish factory this week after learning that a second of its employees had tested positive for the novel coronavirus.

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Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

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Germany nuclear phase-out underscores a high-stakes energy transition, trading reactors for renewables, LNG imports, and grid resilience to secure supply, cut emissions, and navigate climate policy, public opinion shifts, and post-Ukraine supply shocks.

Key Points

Germany's nuclear phase-out retires reactors, shifting to renewables, LNG, and grid upgrades for low-carbon power.

✅ Last three reactors: Neckarwestheim, Isar 2, and Emsland closed

✅ Supply secured via LNG imports, renewables, and grid flexibility

✅ Policy accelerated post-Fukushima; debate renewed after Ukraine war

The German government is phasing out nuclear power despite the energy crisis. The country is pulling the plug on its last three reactors, betting it will succeed in its green transition without nuclear power.

On the banks of the Neckar River, not far from Stuttgart in south Germany, the white steam escaping from the nuclear power plant in Baden-Württemberg will soon be a memory.

The same applies further east for the Bavarian Isar 2 complex and the Emsland complex, at the other end of the country, not far from the Dutch border.

While many Western countries depend on nuclear power, Europe's largest economy is turning the page, even if a possible resurgence of nuclear energy is debated until the end.

Germany is implementing the decision to phase out nuclear power taken in 2002 and accelerated by Angela Merkel in 2011, after the Fukushima disaster.

Fukushima showed that "even in a high-tech country like Japan, the risks associated with nuclear energy cannot be controlled 100 per cent", the former chancellor justified at the time.

The announcement convinced public opinion in a country where the powerful anti-nuclear movement was initially fuelled by fears of a Cold War conflict, and then by accidents such as Chernobyl.

The invasion of Ukraine on 24 February 2022 brought everything into question. Deprived of Russian gas, the flow of which was essentially interrupted by Moscow, Germany found itself exposed to the worst possible scenarios, from the risk of its factories being shut down to the risk of being without heating in the middle of winter.

With just a few months to go before the initial deadline for closing the last three reactors on 31 December, the tide of public opinion began to turn, and talk of a U-turn on the nuclear phaseout grew louder. 

"With high energy prices and the burning issue of climate change, there were of course calls to extend the plants," says Jochen Winkler, mayor of Neckarwestheim, where the plant of the same name is in its final days.

Olaf Scholz's government, which the Green Party - the most hostile to nuclear power - is part of, finally decided to extend the operation of the reactors to secure the supply until 15 April.

"There might have been a new discussion if the winter had been more difficult if there had been power cuts and gas shortages nationwide. But we have had a winter without too many problems," thanks to the massive import of liquefied natural gas, notes Mr Winkler.

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EPA Power Plant Emissions Rule proposes strict greenhouse gas limits for coal and gas units, leveraging carbon capture (CCS) under the Clean Air Act to cut CO2 and accelerate decarbonization of the U.S. grid.

Key Points

A proposed EPA rule setting CO2 limits for coal and gas plants, using CCS to cut power-sector greenhouse gases.

✅ Applies to existing and new coal and large gas units

✅ Targets near-zero CO2 by 2038 via CCS or retirement

✅ Cites grid, health, and climate benefits; faces legal challenges

The Biden administration has proposed new limits on greenhouse gas emissions from coal- and gas-fired power plants, its most ambitious effort yet to roll back planet-warming pollution from the nation’s second-largest contributor to climate change.

A rule announced by the Environmental Protection Agency could force power plants to capture smokestack emissions using a technology that has long been promised but is not used widely in the United States, and arrives amid changes stemming from the NEPA rewrite that affect project reviews.

“This administration is committed to meeting the urgency of the climate crisis and taking the necessary actions required,″ said EPA Administrator Michael Regan.

The plan would not only “improve air quality nationwide, but it will bring substantial health benefits to communities all across the country, especially our front-line communities ... that have unjustly borne the burden of pollution for decades,” Regan said in a speech at the University of Maryland.

President Joe Biden, whose climate agenda includes a clean electricity standard as a key pillar, called the plan “a major step forward in the climate crisis and protecting public health.”

If finalized, the proposed regulation would mark the first time the federal government has restricted carbon dioxide emissions from existing power plants, following a Trump-era replacement of Obama’s power plant overhaul, which generate about 25% of U.S. greenhouse gas pollution, second only to the transportation sector. The rule also would apply to future electric plants and would avoid up to 617 million metric tons of carbon dioxide through 2042, equivalent to annual emissions of 137 million passenger vehicles, the EPA said.

Almost all coal plants — along with large, frequently used gas-fired plants — would have to cut or capture nearly all their carbon dioxide emissions by 2038, the EPA said, a timeline that echoed concerns raised during proposed electricity pricing changes in the prior administration. Plants that cannot meet the new standards would be forced to retire.

The plan is likely to be challenged by industry groups and Republican-leaning states, much like litigation over the Affordable Clean Energy rule unfolded in recent years. They have accused the Democratic administration of overreach on environmental regulations and warn of a pending reliability crisis for the electric grid. The power plant rule is one of at least a half-dozen EPA rules limiting power plant emissions and wastewater treatment rules.

“It’s truly an onslaught” of government regulation “designed to shut down the coal fleet prematurely,″ said Rich Nolan, president and CEO of the National Mining Association.

Regan denied that the power plant rule was aimed at shutting down the coal sector, but acknowledged — even after the end to the 'war on coal' rhetoric — “We will see some coal retirements.”

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Black Hills Energy Corriedale Wind Farm Expansion earns regulatory approval in Wyoming, boosting capacity to over 52MW near Cheyenne with five turbines, supporting Renewable Ready customers and wind power goals under PUC and PSC oversight.

Key Points

An approved Wyoming wind project upgrade to over 52MW, adding five turbines to serve Renewable Ready customers.

✅ Adds 12.5MW via five new wind turbines near Cheyenne

✅ Cost increases to $79m; prior estimate $57m

✅ Approved by SD PUC after Wyoming PSC review

US company Black Hills Energy has received regulatory approval to increase the size of its Corriedale wind farm in Wyoming, where Wyoming wind exports to California are advancing, to over 52MW from 40MW previously.

The South Dakota Public Utilities Commission approved the additional 12.5MW capacity after the Wyoming Public Service Commission determined the boost was within commission rules, as federal initiatives like DOE wind energy awards continue to support the sector.

Black Hills Energy will install five additional turbines, raising the project cost to $79m from $57m, amid growing heartland wind investment across the region.
Corriedale will be built near Cheyenne and is expected to be placed in service in late 2020.

Similar market momentum is seen in Canada, where a Warren Buffett-linked Alberta wind farm is planned to expand capacity across the region.

Black Hills said that during the initial subscription period for its Renewable Ready program, applications of interest from eligible commercial, industrial and governmental agency customers were received in excess of the program's 40MW, underscoring the view that more energy sources can make stronger projects.

Black Hills Corporations chief executive and president Linden Evans said: “We are pleased with the opportunity to expand our Renewable Ready program, allowing us to meet our customers’ interest in renewable wind energy, which co-op members increasingly support.

“This innovative program expands our clean energy portfolio while meeting our customers’ evolving needs, particularly around cleaner and more sustainable energy, as projects like new energy generation coming online demonstrate.”

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PJM and MISO Electricity-Market Reforms promise consumer savings by enabling renewables, wind, solar, and storage participation in wholesale markets, enhancing grid flexibility, reliability services, and real-time pricing across the Midwest, Great Lakes, and Mid-Atlantic.

Key Points

Market rule updates enabling renewables and storage, improving reliability and lowering consumer costs.

✅ Removes barriers to renewables, storage, demand response

✅ Improves intermarket links and real-time price signals

✅ Rewards flexible resources and reliability services

Electricity-market reforms to enable more renewables generation and storage in the Midwest, Great Lakes, and Mid-Atlantic could save consumers in the US and Canada more than $6.9 billion a year, according to a new report.

The findings may have major implications for consumer groups, large industrial companies, businesses, and homeowners in those regions, said the Wind-Solar Alliance, (WSA), which commissioned the Customer Focused and Clean report.

The WSA is a non-profit organisation supporting the growth of renewables. American Wind Energy Association CEO Tom Kiernan is listed as WSA secretary, amid ongoing debates about the US wind market today.

"Consumers are looking for clean energy, affordable and reliable energy that will keep their monthly electricity bills low," said Kristin Munsch, president of the Board of the Consumer Advocates of the PJM States, which represents over 65 million consumers in 13 states.

"There is great potential to achieve those goals with the cost-effective integration of wind, solar and battery storage plants into our wholesale power markets."

The report found the average residential customer in the PJM and Midcontinent Independent System Operator (MISO) regions, covering 29 US states and the Canadian province of Manitoba, could each save up to $48 a year as lower wholesale electricity prices materialize with significantly more wind, solar and storage on the grid.

The average annual home electricity, for example in New Jersey, in the PJM region, was just over $106 in 2018, according to the US Energy Information Administration.

The latest report quantifies the findings of a previous one for the WSA, published in November 2018, which found that outdated wholesale market rules in the US were preventing full participation by renewable energy, including wind power.

Outdated rules

"The existing wholesale power market rules were largely developed for slower-to-react conventional generators, such as coal and nuclear plants," said Michael Milligan, president of Milligan Grid Solutions and co-author of the new report.

"This report demonstrates the benefits of updating the rules to better accommodate the characteristics and potential contributions of wind and solar and other newer sources of low-cost generation."

With more renewables generation on the grid, customers would benefit the most from increasing power-system flexibility through market structures, the new report concluded. It called for the removal of artificial barriers preventing renewables, storage and demand response from participating in markets.

The report also advocated improving the connections between markets, thereby lowering transaction costs of imports and exports between neighbouring systems.

"There are currently artificial barriers that are preventing the full participation of renewables, storage and other new technologies in the PJM and MISO markets," said Michael Goggin, vice president of Grid Strategies and co-author of the report.

"Providing consumers with a real-time price signal that allows them to adjust their demand, rewarding flexible resources for their capabilities through improved market design, and allowing renewable and storage resources to participate in reliability-services markets would yield the greatest consumer benefits," he said.

PJM and MISO, which incorporate some of the windiest areas of the country, are currently reviewing their market designs as part of a broader grid overhaul underway.

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