TVA plans to cap emissions, looks to nuclear

By The Tennessean


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The Tennessee Valley Authority board made a commitment to cap its carbon emissions growth by 2020 in an effort to muzzle its contributions to climate change.

Proposals to find ways to increase renewable energy sources like solar power and to persuade customers to use less electricity — including by offering incentives — were approved, too.

The actions, which came as the agency recognizes its 75th anniversary, could mark a return to the leadership role TVA took in energy conservation in the 1970s but later dropped.

Nuclear power was listed among the "clean" energy sources that officials said would be looked to increasingly.

"The real objective is to reduce the carbon footprint," TVA CEO and President Tom Kilgore said after the meeting at the Marriott Shoals Hotel and Spa.

"Nuclear (power) does not produce carbon. I cannot argue that it doesn't produce radioactive waste that has to be dealt with."

But, with population growth in the region, large additional sources of energy are needed, he said, adding that nuclear power can provide that without putting more carbon in the air.

TVA, which is self-financing, is the largest public power producer in the country, providing virtually all of the electricity used in Tennessee and parts of six other states. good move, but no nukes

John McFadden, head of the nonprofit Tennessee Environmental Council in Nashville, said in a phone interview that he was "glad" about TVA's turn toward energy conservation and cleaner power, a move that some utilities made several years ago.

"It's obvious it's something we've really needed to do for a long time," he said. "All you have to do is look at the mountaintops in the Great Smoky Mountains and see all the dead trees.

"And Knoxville is the asthma capital.Â…

"They should have been leading the country in this."

Nuclear power, however, should not be in the mix, he added.

"We have no long-term plan to deal with nuclear waste," he said.

"You can't sell a kilowatt hour of nuclear power for what it costs to produce it. That's why the federal government is having to subsidize the nuclear industry."

TVA is still carrying billions of dollars of debt from its first spurt of nuclear plant building that took place in the 1970s and 1980s, he said.

One new TVA goal is a reduction within five years — in part through customers' energy efficiency — of 1,400 megawatts of electricity use at peak times. This would be the equivalent of building a nuclear reactor to provide energy on days during the summer and winter when energy use spikes.

"We do think it's a goal that's very achievable," said Joe Hoagland, TVA vice president for energy efficiency and demand response.

Pilot programs could include financial incentives to buy energy-efficient appliances and lights.

Making the 2020 date to halt growth in carbon emissions was viewed as more challenging. Most of TVA's electricity comes from coal, which releases carbon that adds to climate change.

Weather remains a stumbling block on another front.

TVA official Bill McCollum said drought could continue to hamper hydroelectric energy generation at its dams this summer.

"We still need significantly more than the normal amount of rainfall between now and June," McCollum said.

When its clean, relatively inexpensive hydroelectric production falls behind, TVA must buy more costly electricity from other producers.

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PG&E says power lines may have started 2 California fires

PG&E Wildfire Blackouts highlight California power shutoffs as high winds and suspected transmission line faults trigger evacuations, CPUC investigations, and grid safety reviews, with utilities weighing risk, compliance, and resilience during Santa Ana conditions.

 

Key Points

PG&E Wildfire Blackouts are outages during wind-driven fire threats linked to power lines, spurring CPUC investigations.

✅ Wind and line faults suspected amid Lafayette evacuations

✅ CPUC to probe shutoffs, notifications, and compliance

✅ Utilities plan more outages as Santa Ana winds return

 

Pacific Gas & Electric Co. power lines may have started two wildfires over the weekend in the San Francisco Bay Area, the utility said Monday, even though widespread blackouts were in place to prevent downed lines from starting fires during dangerously windy weather.

The fires described in PG&E reports to state regulators match blazes that destroyed a tennis club and forced evacuations in Lafayette, about 20 miles (32 kilometres) east of San Francisco.

The fires began in a section of town where PG&E had opted to keep the lights on. The sites were not designated as a high fire risk, the company said.

Powerful winds were driving multiple fires across California and forcing power shut-offs intended to prevent blazes, even as electricity prices are soaring across the state as well.

More than 900,000 power customers -- an estimated 2.5 million people -- were in the dark at the height of the latest planned blackout, nearly all of them in PG&E's territory in Northern and central California. By Monday evening a little less than half of those had their service back. But some 1.5 million people in 29 counties will be hit with more shut-offs starting Tuesday because another round of strong winds is expected, a reminder of grid stress during heat waves that test capacity, the utility said.

Southern California Edison had cut off power to 25,000 customers and warned that it was considering disconnecting about 350,000 more as power supply lapses and Santa Ana winds return midweek.

PG&E is under severe financial pressure after its equipment was blamed for a series of destructive wildfires and its 2018 Camp Fire guilty plea compounded liabilities during the past three years. Its stock dropped 24% Monday to close at $3.80 and was down more than 50% since Thursday.

The company reported last week that a transmission tower may have caused a Sonoma County fire that has forced 156,000 people to evacuate.

PG&E told the California Public Utilities Commission that a worker responded to a fire in Lafayette late Sunday afternoon and was told firefighters believed contact between a power line and a communication line may have caused it.

A worker went to another fire about an hour later and saw a fallen pole and transformer. Contra Costa Fire Department personnel on site told the worker they were looking at the transformer as a potential ignition source, a company official wrote.

Separately, the company told regulators that it had failed to notify 23,000 customers, including 500 with medical conditions, before shutting off their power earlier this month during windy weather.

Before a planned blackout, power companies are required to notify customers and take extra care to get in touch with those with medical problems who may not be able to handle extended periods without air conditioning or may need power to run medical devices.

PG&E said some customers had no contact information on file. Others were incorrectly thought to be getting electricity.

After that outage, workers discovered 43 cases of wind-related damage to power lines, transformers and other equipment.

Jennifer Robison, a PG&E spokeswoman, said the company is working with independent living centres to determine how best to serve people with disabilities.

The company faced a growing backlash from regulators and lawmakers, and a judge's order on wildfire risk spending added pressure as well.

U.S. Rep. Josh Harder, a Democrat from Modesto, said he plans to introduce legislation that would raise PG&E's taxes if it pays bonuses to executives while engaging in blackouts.

The Public Utilities Commission plans to open a formal investigation into the blackouts and the broader climate policy debate surrounding reliability within the next month, allowing regulators to gather evidence and question utility officials. If rules are found to be broken, they can impose fines up to $100,000 per violation per day, said Terrie Prosper, a spokeswoman for the commission.

The commission said Monday it also plans to review the rules governing blackouts, will look to prevent utilities from charging customers when the power is off and will convene experts to find grid improvements that might lessen blackouts during next year's fire season, as debates over rate stability in 2025 continue across PG&E's service area.

The state can't continue experiencing such widespread blackouts, "nor should Californians be subject to the poor execution that PG&E in particular has exhibited," Marybel Batjer, president of the California Public Utilities Commission, said in a statement.

 

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Global oil demand to decline in 2020 as Coronavirus weighs heavily on markets

COVID-19 Impact on Global Oil Demand 2020 signals an IEA forecast of declining consumption as travel restrictions curb transport fuels, disrupt energy markets, and shift OPEC and non-OPEC supply dynamics amid economic slowdown.

 

Key Points

IEA sees first demand drop since 2009 as COVID-19 curbs travel, weakening transport fuels and unsettling energy markets.

✅ IEA base case: 2020 demand at 99.9 mb/d, down 90 kb/d from 2019.

✅ Travel restrictions hit transport fuels; China drives the decline.

✅ Scenarios: low -730 kb/d; high +480 kb/d in 2020.

 

Global oil demand is expected to decline in 2020 as the impact of the new coronavirus (COVID-19) spreads around the world, constricting travel and broader economic activity, according to the International Energy Agency’s latest oil market forecast.

The situation remains fluid, creating an extraordinary degree of uncertainty over what the full global impact of the virus will be. In the IEA’s central base case, even as global CO2 emissions flatlined in 2019 according to the IEA, demand this year drops for the first time since 2009 because of the deep contraction in oil consumption in China, and major disruptions to global travel and trade.

“The coronavirus crisis is affecting a wide range of energy markets – including coal-fired electricity generation, gas and renewables – but its impact on oil markets is particularly severe because it is stopping people and goods from moving around, dealing a heavy blow to demand for transport fuels,” said Dr Fatih Birol, the IEA’s Executive Director. “This is especially true in China, the largest energy consumer in the world, which accounted for more than 80% of global oil demand growth last year. While the repercussions of the virus are spreading to other parts of the world, what happens in China will have major implications for global energy and oil markets.”

The IEA now sees global oil demand at 99.9 million barrels a day in 2020, down around 90,000 barrels a day from 2019. This is a sharp downgrade from the IEA’s forecast in February, which predicted global oil demand would grow by 825,000 barrels a day in 2020.

The short-term outlook for the oil market will ultimately depend on how quickly governments move to contain the coronavirus outbreak, how successful their efforts are, and what lingering impact the global health crisis has on economic activity.

To account for the extreme uncertainty facing energy markets, the IEA has developed two other scenarios for how global oil demand could evolve this year. In a more pessimistic low case, global measures fail to contain the virus, and global demand falls by 730,000 barrels a day in 2020. In a more optimistic high case, the virus is contained quickly around the world, and global demand grows by 480,000 barrels a day.

“We are following the situation extremely closely and will provide regular updates to our forecasts as the picture becomes clearer,” Dr Birol said. “The impact of the coronavirus on oil markets may be temporary. But the longer-term challenges facing the world’s suppliers are not going to go away, especially those heavily dependent on oil and gas revenues. As the IEA has repeatedly said, these producer countries need more dynamic and diversified economies in order to navigate the multiple uncertainties that we see today.”

The IEA also published its medium-term outlook examining the key issues in global demand, supply, refining and trade to 2025, as well as the trajectory of the global energy transition now shaping markets. Following a contraction in 2020 and an expected sharp rebound in 2021, yearly growth in global oil demand is set to slow as consumption of transport fuels grows more slowly and as national net-zero pathways, with Canada needing more electricity to reach net-zero influencing power demand, according to the report. Between 2019 and 2025, global oil demand is expected to grow at an average annual rate of just below 1 million barrels a day. Over the period as whole, demand rises by a total of 5.7 million barrels a day, with China and India accounting for about half of the growth.

At the same time, the world’s oil production capacity is expected to rise by 5.9 million barrels a day, with more than three-quarters of it coming from non-OPEC producers, the report forecasts. But production growth in the United States and other non-OPEC countries is set to lose momentum after 2022, amid shifts in Wall Street's energy strategy linked to policy signals, allowing OPEC producers from the Middle East to turn the taps back up to help keep the global oil market in balance.

The medium-term market report, Oil 2020, also considers the impact of clean energy transitions on oil market trends. Demand growth for gasoline and diesel between 2019 and 2025 is forecast to weaken as countries around the world implement policies to improve efficiency and cut carbon dioxide emissions – and as solar power becomes the cheapest electricity in many markets and electric vehicles increase in popularity. The impact of energy transitions on oil supply remains unclear, with many companies prioritising short-cycle projects for the coming years.

“The coronavirus crisis is adding to the uncertainties the global oil industry faces as it contemplates new investments and business strategies,” Dr Birol said. “The pressures on companies are changing, with European oil majors turning electric to diversify. They need to show that they can deliver not just the energy that economies rely on, but also the emissions reductions that the world needs to help tackle our climate challenge.”

 

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Time running out for Ontario to formally request Pickering nuclear power station extension

Pickering Nuclear Plant Extension faces CNSC approval as Ontario Power Generation pursues license renewal before the June 30, 2023 deadline, amid a 2025 capacity crunch and grid reliability risks from decommissioning and overlapping nuclear outages.

 

Key Points

A plan to run Pickering past 2024 to Sept 2026, pending CNSC license renewal to address Ontario's 2025 capacity gap.

✅ CNSC approval needed for operation beyond Dec 31, 2024

✅ OPG aims to file by June 30, 2023 deadline

✅ Extension targets grid reliability through 2026

 

Ontario’s electricity generator has yet to file an official application to extend the life of the Pickering nuclear power plant, more than eight months after the Ford government announced a plan to continue operating Pickering for longer.

As the province faces an electricity shortfall in 2025 and beyond, the Ford government scrambled to prolong the Pickering power plant until September 2026, in order to guarantee a steady supply of power as the province experiences a rise in demand and shutdowns at other nuclear power plants.

The life extension may come down to the wire, however, as the Canadian Nuclear Safety Commission (CNSC), the federal regulator tasked with approving or denying the extension, tells Global News the province has yet to file key paperwork.

The information is required for the application, including materials related to the proposed Pickering B refurbishment, and the government now has a month before the deadline runs out.

“The Commission requires that Ontario Power Generation submit specific information by June 30, 2023, if it intends to operate the Pickering Nuclear Generating Station beyond December 31, 2024,” the CNSC told Global News in a statement. “The Commission Registry has not yet received an application from Ontario Power Generation.”

If Ontario doesn’t receive the green light, the power plant which currently is responsible for 14 per cent of the province’s energy grid will be decommissioned in 2025, leaving the province with a significant electricity supply gap if replacement sources are not secured.

For its part, the Ford government doesn’t seem concerned about the impending timeline, even though the station was slated to close as planned, suggesting the Crown corporation responsible for the application will get it in on time.

“OPG is on track to submit their application before the end of June and has already started to submit supporting materials as part of the regulatory process toward clean power goals,” a spokesperson for energy minister Todd Smith said.

 

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First Nuclear Reactors Built in 30 Years Take Shape at Georgia Power Plant

Vogtle Units 3 and 4 are Westinghouse AP1000 nuclear reactors under construction in Waynesboro, Georgia, led by Southern Nuclear, Georgia Power, and Bechtel, adding 2,234 MWe of carbon-free baseload power with DOE loan guarantees.

 

Key Points

Vogtle Units 3 and 4 are AP1000 reactors in Georgia delivering 2,234 MWe of low-carbon baseload electricity.

✅ Each unit: Westinghouse AP1000, 1,117 MWe capacity.

✅ Managed by Southern Nuclear, built by Bechtel.

✅ DOE loan guarantees support financing and risk.

 

Construction is ongoing for two new nuclear reactors, Units 3 and 4, at Georgia Power's Alvin W. Vogtle Electric Generating Plant in Waynesboro, Ga. the first new nuclear reactors to be constructed in the United Stated in 30 years, mirroring a new U.S. reactor startup that will provide electricity to more than 500,000 homes and businesses once operational.

Construction on Unit 3 started in March 2013 with an expected completion date of November 2021. For Unit 4, work began in November 2013 with a targeted delivery date of November 2022. Each unit houses a Westinghouse AP1000 (Advanced Passive) nuclear reactor that can generate about 1,117 megawatts (MWe). The reactor pressure vessels and steam generators are from Doosan, a South Korean firm.

The pouring of concrete was delayed to 2013 due to the United States Nuclear Regulatory Commission issuing a license amendment which permitted the use of higher-strength concrete for the foundations of the reactors, eliminating the need to make additional modifications to reinforcing steel bar.

The work is occurring in the middle of an operational nuclear facility, and the construction area contains many cranes and storage areas for the prefabricated parts being installed. Space also is needed for various trucks making deliveries, especially concrete.

The reactor buildings, circular in shape, are several hundred feet apart from one another and each one has an annex building and a turbine island structure. The estimated total price for the project is expected in the $18.7 billion range. Bechtel Corporation, which built Units 1 and 2, was brought in January 2017 to take over the construction that is being overseen by Southern Nuclear Operating Company (SNOC), which operates the plant.

The project will require the equivalent of 3,375 miles of sidewalk; the towers for Units 3 and 4 are 60 stories high and have two million pound CA modules; the office space for both units is 300,000 sq. ft.; and there are more than 8,000 construction workers over 30 percent being military veterans. The new reactors will create 800 permanent jobs.

Southern Nuclear and Georgia Power took over management of the construction project in 2017 after Westinghouse's Chapter 11 bankruptcy. The plant, built in the late 1980s with Unit 1 becoming operational in 1987 and Unit 2 in 1989, is jointly owned by Georgia Power (45.7 percent), Oglethorpe Power Corporation (30 percent), Municipal Electric Authority of Georgia (22.7 percent) and Dalton Utilities (1.6 percent).

"Significant progress has been made on the construction of Vogtle 3 and 4 since the transition to Southern Nuclear following the Westinghouse bankruptcy," said Paul Bowers, Chairman, President and CEO of Georgia Power. "While there will always be challenges in building the first new nuclear units in this country in more than 30 years, we remain focused on reducing project risk and maintaining the current project momentum in order to provide our customers with a new carbon-free energy source that will put downward pressure on rates for 60 to 80 years."

The Vogtle and Hatch nuclear plants currently provide more than 20 percent of Georgia's annual electricity needs. Vogtle will be the only four-unit nuclear facility in the country. The energy is needed to meet the rising demand for electricity as the state expects to have more than four million new residents by 2030.

The plant's expansion is the largest ongoing construction project in Georgia and one of the largest in the state's history, while comparable refurbishments such as the Bruce reactor overhaul progress in Canada. Last March an agreement was signed to secure approximately $1.67 billion in additional Department of Energy loan guarantees. Georgia Power previously secured loan guarantees of $3.46 billion.

The signing highlighted the placement of the top of the containment vessel for Unit 3, echoing the Hinkley Point C roof lift seen in the U.K., which signified that all modules and large components had been placed inside it. The containment vessel is a high-integrity steel structure that houses critical plant components. The top head is 130 ft. in diameter, 37 ft. tall, and weighs nearly 1.5 million lbs. It is comprised of 58 large plates, welded together with each more than 1.5 in. thick.

"From the very beginning, public and private partners have stood with us," said Southern Company Chairman, President and CEO Tom Fanning. "Everyone involved in the project remains focused on sustaining our momentum."

Bechtel has completed more than 80 percent of the project, and the major milestones for 2019 have been met, aligning with global nuclear milestones reported across the industry, including setting the Unit 4 pressurizer inside the containment vessel last February, which will provide pressure control inside the reactor coolant system. More specialized construction workers, including craft labor, have been hired via the addition of approximately 300 pipefitters and 350 electricians since November 2018. Another 500 to 1,000 craft workers have been more recently brought in.

A key accomplishment occurred last December when 1,300 cu. yds. of concrete were poured inside the Unit 4 containment vessel during a 21-hour operation that involved more than 100 workers and more than 120 truckloads of concrete. In 2018 alone, more than 23,000 cu. yds. of concrete were poured part of the nearly 600,000 cu. yds. placed since construction started, and the installation of more than 16,200 yds. of piping.

Progress also has been solid for Unit 3. Last January the integrated head package (IHP) was set inside the containment vessel. The IHP, weighing 475,000 lbs. and standing 48 ft. tall, combines several separate components in one assembly and allows the rapid removal of the reactor vessel head during a refueling outage. One month earlier, the placement of the third and final ring for containment vessel, and the placement of the fourth and final reactor coolant pump (RCP, 375,000 lbs.), were executed.

"Weighing just under 2 million pounds, approximately 38 feet high and with a diameter of 130 feet, the ring is the fourth of five sections that make up the containment vessel," stated a Georgia Power press release. "The RCPs are mounted to the steam generator and serve a critical part of the reactor coolant system, circulating water from the steam generator to the reactor vessel, allowing sufficient heat transfer for safe plant operation. In the same month, the Unit 3 shield building with additional double-decker panels, was placed.

According to a construction update from Georgia Power, a total of eight six-panel sections have been placed, with each one measuring 20 ft. tall and 114 ft. wide, weighing up to 300,000 lbs. To date, more than half of the shield building panels have been placed for Unit 3. The shield building panels, fabricated in Newport News, Va., provide structural support to the containment cooling water supply and protect the containment vessel, which houses the reactor vessel.

Building the reactors is challenging due to the design, reflecting lessons from advanced reactors now being deployed. Unit 3 will have 157 fuel assemblies, with each being a little over 14 ft. long. They are crucial to fuelling the reactor, and once the initial fueling is completed, nearly one-third of the fuel assemblies will be replaced for each re-fuelling operation. In addition to the Unit 3 containment top, placement crews installed three low-pressure turbine rotors and the generator rotor inside the unit's turbine building.

Last November, major systems testing got underway at Unit 3 as the site continues to transition from construction toward system operations. The Open Vessel Testing will demonstrate how water flows from the key safety systems into the reactor vessel ensuring the paths are not blocked or constricted.

"This is a significant step on our path towards operations," said Glen Chick, Vogtle 3 & 4 construction executive vice president. "[This] will prepare the unit for cold hydro testing and hot functional testing next year both critical tests required ahead of initial fuel load."

It also confirms that the pumps, motors, valves, pipes and other components function as designed, a reminder of how issues like the South Carolina plant leak can disrupt operations when systems falter.

"It follows the Integrated Flush process, which began in August, to push water through system piping and mechanical components that feed into the Unit 3 reactor vessel and reactor coolant loops for the first time," stated a press release. "Significant progress continues ... including the placement of the final reinforced concrete portion of the Unit 4 shield building. The 148-cubic yard placement took eight hours to complete and, once cured, allows for the placement of the first course of double-decker panels. Also, the upper inner casing for the Unit 3 high-pressure turbine has been placed, signifying the completion of the centerline alignment, which will mean minimal vibration and less stress on the rotors during operations, resulting in more efficient power generation."

The turbine rotors, each weighing approximately 200 tons and rotating at 1,800 revolutions per-minute, pass steam through the turbine blades to power the generator.

The placement of the middle containment vessel ring for Unit 4 was completed in early July. This required several cranes to work in tandem as the 51-ft. tall ring weighed 2.4 million lbs. and had dozens of individual steel plates that were fabricated on site.

A key part of the construction progress was made in late July with the order of the first nuclear fuel load for Unit 3, which consists of 157 fuel assemblies with each measuring 14 ft. tall.

On May 7, Unit 3 was energized (permanently powered), which was essential to perform the testing for the unit. Prior to this, the plant equipment had been running on temporary construction power.

"[This] is a major first step in transitioning the project from construction toward system operations," Chick said.

Construction of the north side of the Unit 3 Auxiliary Building (AB) has progressed with both the floor and roof modules being set. Substantial work also occurred on the steel and concrete that forms the remaining walls and the north AB roof at elevation.

 

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Power Outages to Mitigate Wildfire Risks

Colorado Wildfire Power Shutoffs reduce ignition risk through PSPS, grid safety protocols, data-driven forecasts, and emergency coordination, protecting communities, natural resources, and infrastructure during extreme fire weather fueled by drought and climate change.

 

Key Points

Planned PSPS outages cut power in high-risk areas to prevent ignitions, protect residents, and boost wildfire resilience.

✅ PSPS triggered by forecasts, fuel moisture, and fire danger indices.

✅ Utilities coordinate alerts, timelines, and critical facility support.

✅ Paired with forest management, education, and rapid response.

 

Colorado, known for its stunning landscapes and outdoor recreation, has implemented proactive measures to reduce the risk of wildfires by strategically shutting off power in high-risk areas, similar to PG&E wildfire shutoffs implemented in California during extreme conditions. This approach, while disruptive, aims to safeguard communities, protect natural resources, and mitigate the devastating impacts of wildfires that have become increasingly prevalent in the region.

The decision to initiate power outages as a preventative measure against wildfires underscores Colorado's commitment to proactive fire management and public safety, aligning with utility disaster planning practices that strengthen grid readiness. With climate change contributing to hotter and drier conditions, the state faces heightened wildfire risks, necessitating innovative strategies to minimize ignition sources and limit fire spread.

Utility companies, in collaboration with state and local authorities, identify areas at high risk of wildfire based on factors such as weather forecasts, fuel moisture levels, and historical fire data. When conditions reach critical thresholds, planned power outages, also known as Public Safety Power Shutoffs (PSPS), are implemented to reduce the likelihood of electrical equipment sparking wildfires during periods of extreme fire danger, particularly during windstorm-driven outages that elevate ignition risks.

While power outages are a necessary precautionary measure, they can pose challenges for residents, businesses, and essential services that rely on uninterrupted electricity, as seen when a North Seattle outage affected thousands last year. To mitigate disruptions, utility companies communicate outage schedules in advance, provide updates during outages, and coordinate with emergency services to ensure the safety and well-being of affected communities.

The implementation of PSPS is part of a broader strategy to enhance wildfire resilience in Colorado. In addition to reducing ignition risks from power lines, the state invests in forest management practices, wildfire prevention education, and emergency response capabilities, including continuity planning seen in the U.S. grid COVID-19 response, to prepare for and respond to wildfires effectively.

Furthermore, Colorado's approach to wildfire prevention highlights the importance of community preparedness and collaboration, and utilities across the region adopt measures like FortisAlberta precautions to sustain critical services during emergencies. Residents are encouraged to create defensible space around their properties, develop emergency evacuation plans, and stay informed about wildfire risks and response protocols. Community engagement plays a crucial role in building resilience and fostering a collective effort to protect lives, property, and natural habitats from wildfires.

The effectiveness of Colorado's proactive measures in mitigating wildfire risks relies on a balanced approach that considers both short-term safety measures and long-term fire prevention strategies. By integrating technology, data-driven decision-making, and community partnerships, the state aims to reduce the frequency and severity of wildfires while enhancing overall resilience to wildfire impacts.

Looking ahead, Colorado continues to refine its wildfire management practices in response to evolving environmental conditions and community needs, drawing on examples of localized readiness such as PG&E winter storm preparation to inform response planning. This includes ongoing investments in fire detection and monitoring systems, research into fire behavior and prevention strategies, and collaboration with neighboring states and federal agencies to coordinate wildfire response efforts.

In conclusion, Colorado's decision to implement power outages as a preventative measure against wildfires demonstrates proactive leadership in wildfire risk reduction and public safety. By prioritizing early intervention and community engagement, the state strives to safeguard vulnerable areas, minimize the impact of wildfires, and foster resilience in the face of increasing wildfire threats. As Colorado continues to innovate and adapt its wildfire management strategies, its efforts serve as a model for other regions grappling with the challenges posed by climate change and wildfire risks.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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