U.S. court upholds power plant cooling water rule

By Reuters


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The U.S. Environmental Protection Agency can compare costs with benefits to determine the technology that must be used at power plant water-cooling structures, the Supreme Court ruled in a setback for those seeking greater protection for aquatic life.

By a 6-3 vote, the high court handed a victory to the EPA, Entergy Corp, units of Public Service Enterprise Group Inc and the Utility Water Act Group, which consists of individual energy companies that operate power plants.

The justices overturned a ruling by a U.S. appeals court in New York that the federal clean water law does not permit the EPA to consider the cost-benefit relationship in deciding the best technology available to minimize adverse environmental impact.

Electric power plants use billions of gallons of water each day from bays, rivers, lakes, oceans and other waterways for cooling of their facilities.

The court upheld a rule by the EPA in 2004 that set requirements for intake structures at large, existing facilities in an effort to protect fish, shellfish and other aquatic organisms from being harmed or killed.

The flow of water into the plants traps large aquatic organisms against grills or screens and draws smaller organisms into the cooling mechanism.

The technologies selected by the EPA include relocation of the intakes, fine-mesh screens, velocity caps, larger intakes to decrease the intake velocity and barrier nets.

The rule affected about 550 facilities that account for about 40 percent of the nation's energy production.

The EPA rejected stricter proposals, like requiring existing plants to use closed-cycle cooling technology, which reuses withdrawn water and which would have cost more than $3.5 billion a year nationwide.

The rule was challenged in court by environmental groups and by the states of Connecticut, Delaware, New Jersey, New York, Massachusetts and Rhode Island on the grounds it was not strict enough.

Writing for the court majority, Justice Antonin Scalia said the EPA permissibly relied on cost-benefit analysis in setting the national performance standards as part of the regulations.

Justice Stephen Breyer agreed with the majority that the law gives the EPA the authority to compare costs and benefits, but added he is not convinced the EPA has successfully explained the basis for the change.

Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg dissented, saying the law prohibited the EPA's use of cost-benefit analysis when setting regulatory standards. "The court unsettles the scheme Congress established," Stevens wrote.

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Energy groups warn Trump and Perry are rushing major change to electricity pricing

DOE Grid Resilience Pricing Rule faces FERC review as energy groups challenge an expedited timeline to reward coal and nuclear for reliability in wholesale markets, impacting natural gas, renewables, baseload economics, and grid pricing.

 

Key Points

A DOE proposal directing FERC to compensate coal and nuclear plants for reliability attributes in wholesale markets.

✅ Industry coalition seeks normal FERC timeline and review

✅ Impacts wholesale pricing, baseload economics, reliability

✅ Request for 90-day comments and reply period

 

A coalition of 11 industry groups is pushing back on Energy Secretary Rick Perry's efforts to quickly implement a major change to the way electric power is priced in the United States.

The Energy Department on Friday proposed a rule that stands to bolster coal and nuclear power plants by forcing the regional markets that set electricity prices to compensate them for the reliability they provide. Perry asked the Federal Energy Regulatory Commission to consider and finalize the rule within 60 days, including a 45-day period during which stakeholders can issue comments.

On Monday, groups representing petroleum, natural gas, electric power and renewable energy interests including ACORE urged FERC to reject the expedited process, as well as the Department of Energy's request that the regulatory commission consider putting in place an interim rule.

They say the time frame is "aggressive" and the department didn't provide adequate justification for fast-tracking a process that could have huge impacts on wholesale electricity markets.

"This is one of the most significant proposed rules in decades related to the energy industry and, if finalized, would unquestionably have significant ramifications for wholesale markets under the Commission's jurisdiction," the groups said in the motion filed with FERC.

"The Energy Industry Associations urge the Commission to reject the proposed unreasonable timelines and instead proceed in a manner that would afford meaningful consideration of public comments and be consistent with the normal deliberative process that it typically affords such major undertakings," they said.

The groups are requesting a 90-day comment period, as well as another period for reply comments. FERC, which has authority to regulate interstate transmission and sale of electricity and natural gas, is not required to decide in favor of the rule but, amid a recent FERC decision that drew industry criticism, must consider it.

Expediting the process or imposing an interim rule is generally limited to emergencies, the groups said. The Energy Department's letter to FERC does not even attempt to establish that an immediate threat to U.S. electricity reliability exists, they allege.

 

  • A coalition of energy industry groups asked regulators to reject a rule proposed by the U.S. Department of Energy on Friday.
  • The rule would bolster coal-fired and nuclear power plants by requiring wholesale markets to compensate them for certain attributes.
  • The groups say the Energy Department proposed "unreasonable timelines" for stakeholders to offer feedback on a rule with "significant ramifications for wholesale markets."

 

The groups cite a recent Energy Department report on grid reliability that concluded: "reliability is adequate today despite the retirement of 11 percent of the generating capacity available in 2002, as significant additions from natural gas, wind, and solar have come online since then."

The Department of Energy did not return a request for comment.

The Energy Department's rule marks a flashpoint in the battle between natural gas-fired and renewable energy and so-called baseload power sources like coal and nuclear.

Separately, coal and business groups have supported the EPA in litigation over the Affordable Clean Energy rule, as documented in legal challenges brought during the rule's defense.

Gas, wind and solar power have eaten into coal and nuclear's share of U.S. electric power generation in recent years. That is thanks to a boom in U.S. gas production that has pushed down prices, the rapid adoption of subsidized renewable energy and President Barack Obama's efforts to mitigate emissions from power plants, which the Trump administration has sought to replace with a tune-up as policies shift.

Electric power is priced in deregulated, wholesale markets in many parts of the country. Utilities typically draw on the cheapest power sources first.

Some worry that the retirement of coal-fired and nuclear power plants undermines the nation's ability to reliably and affordably deliver electricity to households and businesses.

President Donald Trump has vowed to revive the ailing coal industry, declaring an end to the 'war on coal' in public remarks. Trump, Perry and other administration officials reject the consensus among climate scientists that carbon emissions from sources like coal-fired plants are the primary cause of global warming.

 

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Duke Energy seeks changes in how solar owners are paid for electricity

Duke Energy Net Metering Proposal updates rooftop solar compensation with time-of-use rates, lower grid credits, and a minimum charge, aligning payments with electricity demand in North Carolina pending regulators' approval.

 

Key Points

A plan to swap flat credits for time-of-use rates and a minimum charge for rooftop solar customers in North Carolina.

✅ Time-of-use credits vary by grid demand

✅ $10 minimum use charge plus $14 basic fee

✅ Aims to align solar payouts with actual electricity value

 

Duke Energy has proposed new rules for how owners of rooftop solar panels are paid for electricity they send to the electric grid. It could mean more complexity and lower payments, but the utility says rates would be fairer.

State legislators have called for changes in the payment rules — known as "net metering" policies that allow households to sell power back to energy firms.

Right now, solar panel owners who produce more electricity than they need get credits on their bills, equal to whatever they pay for electricity. Under the proposed changes, the credit would be lower and would vary according to electricity demand, said Duke spokesperson Randy Wheeless.

"So in a cold winter morning, like now, you would get more, but maybe in a mild spring day, you would get less," Wheeless said Tuesday. "So, it better reflects what the price of electricity is."

Besides setting rates by time of use, solar owners also would have to pay a minimum of $10 a month for electricity, even if they don't use any from the grid. That's on top of Duke's $14 basic charge. Duke said it needs the extra revenue to pay for grid infrastructure to serve solar customers.

The proposal is the result of an agreement between Duke and solar industry groups — the North Carolina Sustainable Energy Association; the Southern Environmental Law Center, which represented Vote Solar and the Southern Alliance for Clean Energy; solar panel maker Sunrun Inc.; and the Solar Energy Industries Association.

The deal is similar to one approved by regulators in South Carolina last year, while in Nova Scotia a solar charge was delayed after controversy.

Daniel Brookshire of the North Carolina Sustainable Energy Association said he hopes the agreement will help the solar industry.

"We reached an agreement here that we think will provide certainty over the next decade, at least, for those interested in pursuing solar for their homes, and for our members who are solar installers," Brookshire said.

But other environmental and consumer groups oppose the changes, amid debates over who pays for grid upgrades elsewhere. Jim Warren with NC WARN said the rules would slow the expansion of rooftop solar in North Carolina.

"It would make it even harder for ordinary people to go solar," Warren said. "This would make it more complicated and more expensive, even for wealthier homeowners."

State regulators still must approve the proposal, even as courts weigh aspects of the electricity monopoly in related solar cases. If state regulators approve it, rates for new net metering customers would take effect Jan. 1, 2023.

 

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BC Hydro Expects To See Electricity Usage Rise This Holiday Season

BC Hydro Holiday Electricity Usage is set to rise as energy demand increases during peak 4-10 pm on Christmas and Boxing Day, driven by larger gatherings, more cooking, and eased COVID-19 restrictions province-wide.

 

Key Points

Expected rise in power demand on Christmas and Boxing Day evenings versus 2020, driven by larger gatherings and cooking.

✅ Peak hours 4-10 pm expected to rise in provincial load.

✅ 2020 saw 4% and 7% drops vs 2019 on Christmas and Boxing Day.

✅ Holiday lighting adds ~3% to use; switching to LED can save ~$40.

 

BC Hydro data showed residential electricity load in the Cariboo and throughout the province, even as drought affects generation dynamics heading into winter, dropped on Christmas Day and Boxing Day in 2020.

Northern Community Relations Manager, Bob Gammer, said the decrease was due in part to more people following the COVID-19 restrictions and not getting together for big meals, even though 2018 Earth Hour usage increased elsewhere illustrates how behavior can sometimes raise demand.

However, this year Gammer said between 4 and 10 pm on those two days, BC Hydro does expect to see a change in overall usage, aligning with all-time high demand trends reported recently in B.C.

“On Christmas Day and Boxing Day, we expect to see increases through those hours and a little bit more so between 4 and 10 pm we should see the amount of power being consumed across the province, as record-breaking 2021 demand indicated earlier, going up compared to what it was on those two days last year.”

In 2020 on Christmas Day evening hydro usage dropped by over 4 percent and Boxing Day evening decreased by 7 percent compared to 2019, whereas regions like Calgary's winter demand have seen spikes during extreme cold.

Gammer added after BC Hydro surveyed their customers and introduced a winter payment plan, they expect to see a lot more cooking happening on Christmas Day and Boxing Day this year as people are intending to have larger gatherings and visit friends.

We asked Gammer about hydro usage when it comes to homes decked out for the holidays, and how that compares to newer loads like crypto mining activity in B.C.

“The Christmas lighting displays people have, not just indoors but outdoors as well, what we’re seeing is about a 3 percent increase in electricity consumption overall through the Christmas season. If people switch, if you still have older lights that are incandescent, switch those over to LED, and through the season it could wind up saving you $40 in electricity just switching over about 8 strings of lights to LED.”

 

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Wall Street Backs Rick Perry’s $19 Billion Data Center Venture

Wall Street backs Rick Perry’s $19 billion nuclear-powered data center venture, Fermi America, combining nuclear energy, AI infrastructure, and data centers to meet soaring electricity demand and attract major investors betting on America’s clean energy technology future.

 

What is "Wall Street Backs Rick Perry’s $19 Billion Nuclear-Powered Data Center Venture”?

Wall Street is backing Rick Perry’s $19 billion nuclear-powered data center venture because it combines the explosive growth of AI with the promise of clean, reliable nuclear energy.

✅ Addresses AI’s massive power demands with nuclear generation

✅ Positions Fermi America as a pioneer in energy-tech convergence

✅ Reflects investor confidence in long-term clean energy solutions

Former Texas Governor and U.S. Energy Secretary Rick Perry has returned to the energy spotlight, this time leading a bold experiment at the intersection of nuclear power and artificial intelligence. His startup, Fermi America, headquartered in Amarillo, Texas, went public this week with an initial valuation of $19 billion after its shares surged 55 percent above the opening price on the first day of trading.

The company aims to tackle one of the most pressing challenges in modern technology: the staggering energy demand of AI data centers. “Artificial intelligence, which is getting more and more embedded in all parts of our lives, the servers that host the data for artificial intelligence are stored in these massive warehouses called data centers,” said Houston Chronicle energy reporter Claire Hao. “And data centers use a ton of electricity.”

Fermi America’s plan, Hao explained, is as ambitious as it is unconventional. Fermi America has a proposal to build what it claims will be the world’s largest data center, powered by what it asserts will be the country’s largest nuclear complex. So very ambitious plans.”

According to the company’s roadmap, Fermi aims to bring its first mega reactor online by 2032, followed by three additional large reactors. In the meantime, the firm intends to integrate natural gas and solar energy by the end of next year to support early-stage operations.

While much of the energy sector’s attention has turned toward small modular reactors, Fermi’s approach focuses on traditional large-scale nuclear technology. “What Fermi is talking about building are large traditional reactors,” Hao said. “These very large traditional reactors are a tried and true technology. But the nuclear industry has a history of taking a very long time to build them, and they are also very expensive to build.” She noted that the most recent example, completed in 2023 by a Georgia utility, came in $17 billion over budget and several years late.

To mitigate such risks, Fermi has recruited specialists with international experience. “They’ve hired folks that have successfully built these projects in China and in other countries where it has been a lot smoother to build these,” Hao said. “Fermi wants to try to make it a quicker process.”

Perry’s involvement lends both visibility and controversy. In addition to co-founding the company, Griffin Perry, his son, plays a role in its management. The firm has hinted that it might even name reactors after former President Donald Trump, under whom Perry served as Secretary of Energy. Perry has framed the project as part of a national effort to regain technological ground. “He really wants to help the U.S. catch up to countries like China when it comes to delivering nuclear power for the AI race,” Hao explained. “He says we’re already behind.”

Despite the fanfare, Fermi America is still a fledgling enterprise. Founded in January and announced publicly in June, the company reported a $6.4 million loss in the first half of the year and has yet to generate any revenue. Still, its IPO exceeded expectations, opening at $21 a share and closing above $32 on the first day.

“I think that just shows there’s a lot of hype on Wall Street around artificial intelligence-related ventures,” Hao said. “Fermi, in the four months since it announced itself as a company, has found a lot of different ways to grab people’s attention.”

For now, the project represents both a technological gamble and a test of investor faith — a fusion of nuclear ambition and AI optimism that has Wall Street watching closely.

 

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Modular nuclear reactors a 'long shot' worth studying, says Yukon gov't

Yukon SMR Feasibility Study examines small modular reactors as low-emissions nuclear power for Yukon's grid and remote communities, comparing costs, safety, waste, and reliability with diesel generation, renewables, and energy efficiency.

 

Key Points

An official assessment of small modular reactors as low-emission power options for Yukon's grid and remote sites.

✅ Compares SMR costs vs diesel, hydro, wind, and solar

✅ Evaluates safety, waste, fuel logistics, decommissioning

✅ Considers remote community loads and grid integration

 

The Yukon government is looking for ways to reduce the territory's emissions, and wondering if nuclear power is one way to go.

The territory is undertaking a feasibility study, and, as some developers note, combining multiple energy sources can make better projects, to determine whether there's a future for SMRs — small modular reactors — as a low-emissions alternative to things such as diesel power.

The idea, said John Streicker, Yukon's minister of energy, mines and resources, is to bring the SMRs into the Yukon to generate electricity.

"Even the micro ones, you could consider in our remote communities or wherever you've got a point load of energy demand," Streicker said. "Especially electricity demand."

For remote coastal communities elsewhere in Canada, tidal energy is being explored as a low-emissions option as well.

SMRs are nuclear reactors that use fission to produce energy, similar to existing large reactors, but with a smaller power capacity. The International Atomic Energy Agency (IAEA) defines reactors as "small" if their output is under 300 MW. A traditional nuclear power plant produces about three times as much power or more.

They're "modular" because they're designed to be factory-assembled, and then installed where needed. 

Several provinces have already signed an agreement supporting the development of SMRs, and in Alberta's energy mix that conversation spans both green and fossil power, and Canada's first grid-scale SMRs could be in place in Ontario by 2028 and Saskatchewan by 2032.

A year ago, the government of Yukon endorsed Canada's SMR action plan, at a time when analysts argue that zero-emission electricity by 2035 is practical and profitable, agreeing to "monitor the progress of SMR technologies throughout Canada with the goal of identifying potential for applicability in our northern jurisdiction."

The territory is now following through by hiring someone to look at whether SMRs could make sense as a cleaner-energy alternative in Yukon. 

The territorial government has set a goal of reducing emissions by 45 per cent by 2030, excluding mining emissions, even as some analyses argue that zero-emissions electricity by 2035 is possible, and "future emissions actions for post-2030 have not yet been identified," reads the government's request for proposals to do the SMR study. 

Streicker acknowledges the potential for nuclear power in Yukon is a bit of "long shot" — but says it's one that can't be ignored.

"We need to look at all possible solutions," he said, as countries such as New Zealand's electricity sector debate their future pathways.

"I don't want to give the sense like we're putting all of our emphasis and energy towards nuclear power. We're not."

According to Streicker, it's nothing more than a study at this point.

Don't bother, researcher says
Still, M.V. Ramana, a professor at the School of Public Policy and Global Affairs at the University of British Columbia, said it's a study that's likely a waste of time and money. He says there's been plenty of research already, and to him, SMRs are just not a realistic option for Yukon or anywhere in Canada.

"I would say that, you know, that study can be done in two weeks by a graduate student, essentially, all right? They just have to go look at the literature on SMRs and look at the critical literature on this," Ramana said.

Ramana co-authored a research paper last year, looking at the potential for SMRs in remote communities or mine sites. The conclusion was that SMRs will be too expensive and there won't be enough demand to justify investing in them.

He said nuclear reactors are expensive, which is why their construction has "dried up" in much of the world.

"They generate electricity at very high prices," he said.

'They just have to go look at the literature,' said M.V. Ramana, a professor at the School of Public Policy and Global Affairs at the University of British Columbia. (Paul Joseph)
"[For] smaller reactors, the overall costs go down. But the amount of electricity that they will generate goes down even further."

The environmental case is also shaky, according to a statement signed last year by dozens of Canadian environmental and community groups, including the Sierra Club, Greenpeace, the Council of Canadians and the Canadian Environmental Law Associaton (CELA). The statement calls SMRs a "dirty, dangerous distraction" from tackling climate change and criticized the federal government for investing in the technology.

"We have to remember that the majority of the rhetoric we hear is from nuclear advocates. And so they are promoting what I would call, and other legal scholars and academics have called, a nuclear fantasy," said Kerrie Blaise of CELA.

Blaise describes the nuclear industry as facing an unknown future, with some of North America's larger reactors set to be decommissioned in the coming years. SMRs are therefore touted as the future.

"They're looking for a solution. And so that I would say climate change presents that timely solution for them."

Blaise argues the same safety and environmental questions exist for SMRs as for any nuclear reactors — such as how to produce and transport fuel safely, what to do with waste, and how to decommission them — and those can't be glossed over in a single-minded pursuit of lower carbon emissions.  

Main focus is still renewables, minister says
Yukon's energy minister agrees, and he's eager to emphasize that the territory is not committed to anything right now beyond a study.

"Every government has a responsibility to do diligence around this," Streicker said.

A solar farm in Old Crow, Yukon. The territory's energy minister says Yukon is still primarily focussed on renewables, and energy efficiency. (Caleb Charlie)
He also dismisses the idea that studying nuclear power is any sort of distraction from his government's response to climate change right now. Yukon's main focus is still renewable energy such as solar and wind power, though Canada's solar progress is often criticized as lagging, increasing efficiency, and connecting Yukon's grid to the hydro project in Atlin, B.C., he said.

Streicker has been open to nuclear energy in the past. As a federal Green Party candidate in 2008, Streicker broke with the party line to suggest that nuclear could be a viable energy alternative. 

He acknowledges that nuclear power is always a hot-button issue, and Yukoners will have strong feelings about it. A lot will depend on how any future regulatory process works, he says.

In taking action on climate, this Arctic community wants to be a beacon to the world
Cameco signs agreement with nuclear reactor company
"There's some people that think it's the 'Hail Mary,' and some people that think it's evil incarnate," he said. 

"Buried deep within Our Clean Future [Yukon's climate change strategy], there's a line in there that says we should keep an eye on other technologies, for example, nuclear. That's what this [study] is — it's to keep an eye on it."

 

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Wyoming wind boost for US utility

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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