Wind plans generate disagreement

By Rochester Business Journal


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As the New York Power Authority prepares to announce a developer for its proposed offshore wind project somewhere in Lake Ontario or Lake Erie, the debate continues over the viability and visibility of wind turbines on land and water.

NYPA representatives have been reviewing five proposals over the last 10 months, and are tight-lipped about the process. President and CEO Richard Kessel has declined to comment on the status of the project, which has been condemned by governments in Monroe and most New York counties along the shores of the two lakes.

"It's really sad that the lake counties in New York have said no to NYPA for the exploration," says Kevin Schulte, co-founder and CEO of Sustainable Energy Developments Inc. in Ontario, Wayne County.

"What it says to me is they don't even want to understand what that opportunity could be. NYPA doesn't understand what the economics will be, or what those projects are even going to look like."

Monroe and Wayne counties in the Rochester area have passed resolutions against the placement of wind turbines off their shores. Niagara, Erie and Chautauqua counties in Western New York have done the same, as have Oswego and Jefferson counties on the east end of Lake Ontario.

Orleans and Cayuga counties have yet to publicly state their position.

In a statement, NYPA said it respects legislators' views but is keeping options open as it decides where to locate the turbines.

Schulte's company has developed 30 residential wind turbines in New York that generate at least 10 kilowatts of electricity. It has projects — ranging from 50 kilowatts to 2 megawatts — from Delaware to New Hampshire, all of which directly power facilities, he says.

Sustainable Energy Developments will not be involved in the NYPA project, whose scale will be 120 to 500 megawatts, NYPA officials say.

"Some are five or 10 years away from ever being built," Schulte says. "I just think it's sad that we're not even willing to explore that opportunity to make sure we understand whether or not there's an economic opportunity for the communities along the lake shore.

"I would've thought the communities on the lake shores would be more progressive. It's not as though our economy in these parts is growing at an all-time rate or anything."

Some 48 businesses from the Rochester area are among 368 registered on the power authority website to be part of the project. O'Connell Electric Co. Inc. in Victor is one of them.

"When that thing came out, we did discuss it with some of these developers," O'Connell CEO Victor Salerno says.

"Everybody was all upset about putting them up off of Monroe County. I mean, they're not going to go there. There's supposedly a site on Lake Erie that they may pursue. There again, these are all rumors. You can't get anything straight out of them."

Salerno thinks the turbine project is likely to wind up on Galloo Island, on the eastern end of Lake Ontario near Sackets Harbor, rather than in the water.

"There is a site that makes all the sense in the world," he says. "It's an uninhabited island. But it's an island. Turbine placement is not in the water, but you can probably build it for 50 percent less. It makes too much sense, so I still imagine that will happen."

Galloo Island already is of interest to Upstate New York Power Corp. in suburban Buffalo, which is seeking governmental and regulatory approvals for up to 90 turbines generating 269 megawatts of power, documents filed with the state Department of Environmental Conservation state.

"It's like nine miles into the lake," Salerno says. "It is a perfect spot. The wind screams down the lake with nothing in the way. It's probably one of the best wind usages in the country.

"The jobs are desperately needed there," he adds. "I'm guessing there would be $500 million or $600 million private contracts. You'd think they'd be all over it. This power authority has been a big mystery all along. Everything's been done in secret with them. I think it will happen, but it should've happened already. It's too logical."

The task of siting wind energy projects has become a science, Salerno says.

"They know exactly what to expect, based on historical data," he says. "They don't just plop it anywhere. You're not going to put them in residential areas. They have to be within certain distances and all that stuff.

"Then you have the aesthetics. I mean, they are huge. They're 40-story buildings."

O'Connell has been part of 12 large-scale wind energy projects, Salerno says, developing substations, transmission lines and tower wiring.

Among them are the $40 million conversion of an abandoned Bethlehem Steel Corp. plant in Lackawanna to the Steel Winds Urban Wind Farm and the $200 million Bliss Wind Farm in Wyoming County.

"We're bidding on one right now that I think we're going to get," Salerno says. "It's south of Rochester, not in Monroe County. And I think we're going to put an addition on the one we built at Steel Winds. They're going to put maybe a half dozen more towers there. But there are a lot of them pending in the area. They will happen."

Wind power projects provide a boost to the local economy, Salerno says.

"There's the cost to build them, and there's all kinds of labor that goes into it," he says. "O'Connell's is uniquely positioned because we have a power group. We do the line work, and no one locally does that other than ourselves. We have competition, but it's out of the area.

"We've done over a dozen of the big ones, and we're trying to help some of these smaller companies with the small wind. That'll come. It's happening. As oil keeps going up, that makes the payback quicker."

O'Connell did the electrical work for the 125-megawatt Cohocton Wind farm south of Naples in Steuben County. The 2008 project developed by First Wind, an independent wind energy company based in Boston, included 50 turbines generating 2.5 megawatts each.

"You can actually see it from Canandaigua Lake," Salerno says. "We have a place on the lake and, when it's a clear day, we can see about nine of the towers. They're kind of intriguing, but they're big."

The town of Cohocton receives annual payments of some $750,000 as part of its 20-year host agreement with First Wind and from a payment-in-lieu-of-taxes agreement through the Steuben County Industrial Development Agency, Supervisor Jack Zigenfus says.

Cohocton decided to take larger annual payments early to pay off substantial debt, rather than equal payments over 20 years, the 10-year supervisor says.

"The town had a lot of debt," Zigenfus says. "It was not in good financial shape at all. By taking the larger amount of money up front, we were able to pay off all the town's debt.

"It also allowed us to purchase some very expensive highway equipment. And we have some healthy reserves."

The town tax rate was reduced by 60 percent over two years and is now in the range of $2.85 per thousand, he says.

There have been virtually no complaints about the visual impact or noise coming from the turbines, Zigenfus says.

"Beauty is in the eye of the beholder," he says. "Some people don't like the view. Some people don't like the inconveniences of the noise. There are some issues with noise, but these are few and far between. We receive almost no complaints anymore."

A 16-turbine wind farm is proposed for neighboring Prattsburgh, but town officials are waging a legal battle against the developer, Ecogen LLC, over regulatory issues. A ruling last month by state Supreme Court judge John Ark gives Ecogen and the town five months to reach agreement on plans for road use.

"It's not really a case of being for or against," Prattsburgh supervisor Albert Wordingham says. "Regardless of what industry it is-whether it's wind towers or a dump or tire-shredding-they have to be sited properly.

"That's one of the major problems here: the proximity to people's homes. It's inadequate. It's not how I feel about it, but what the world-Europe, in particular-has learned over the years about setbacks and safety issues and shadow flicker."

Shadow flicker occurs when certain conditions cause rotating turbine blades to cast lengthy shadows.

Wordingham has no issues with wind farms, he says, as long as the setbacks adequately ensure the health and safety of residents.

"There are basically no rules," he says. "It's a free-for-all. The rules are woefully inadequate. For whatever reason, most of the lead agents that do the state environmental quality review process and the findings statements are not paying attention to problems and issues in the world.

"Our basic issue here is the setbacks. You can't displace the people that live here to do a project just because it's convenient. It has to be done properly."

Schulte of Sustainable Energy Development thinks wind energy opponents overshadow those in favor of the alternative resource.

"I don't think New York is unique," he says. "We work all across the Northeast. You have a rather vocal minority that opposes a project and, unfortunately, a quiet majority that's very supportive of wind power."

New York's regulatory environment does make it difficult for large wind projects, Schulte adds.

"That probably has slowed projects down more than the un-silent minority," he says.

SED doubled its business in 2010, Schulte says, and sales for 2011 are at an all-time high.

"We're certainly seeing a pretty steep growth curve at this point," he says.

"For the first time in the nine years that SED has been doing business here, I can look at these types of projects in New York state and see real positive economic benefit for people that own a windy property and want to take advantage of wind power."

Salerno says wind power is part of the long-term solution to the spiraling cost of oil.

"If I owned a nice home on Lake Ontario, in Webster or Charlotte, I wouldn't worry about wind towers going there," he says. "I don't think it's going to happen. But if you site them in the right spots, it is part of the solution."

Adds Salerno: "If you want your lights on, if you want to run your computers, if you want to run your air conditioning, guess what? You need to generate electricity some way. I don't think we want to go back into the dark ages."

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Explainer: Europe gets ready to revamp its electricity market

EU Electricity Market Reform seeks to curb gas-driven volatility by expanding CfDs and PPAs, decoupling power from gas, and aligning consumer bills with low-cost renewables and nuclear, as Brussels advances market redesign.

 

Key Points

An EU plan to curb price spikes by expanding long-term contracts and tying bills to cheap renewables.

✅ Expands CfDs and PPAs to lock in predictable power prices

✅ Aims to decouple bills from gas-driven wholesale volatility

✅ Seeks investment certainty for renewables, nuclear, and grids

 

European Union energy ministers meet on Monday to debate upcoming power market reforms. Brussels is set to propose the revamp next month, but already countries are split over how to "fix" the energy system - or whether it needs fixing at all.

Here's what you need to know.


POST-CRISIS CHANGES
The European Commission pledged last year to reform the EU's electricity market rules, after record-high gas prices - caused by cuts to Russian gas flows - sent power prices soaring during an energy crisis for European companies and citizens.

The aim is to reform the electricity market to shield consumer energy bills from short-term swings in fossil fuel prices, and make sure that Europe's growing share of low-cost renewable electricity translates into lower prices, even though rolling back electricity prices poses challenges for policymakers.

Currently, power prices in Europe are set by the running cost of the plant that supplies the final chunk of power needed to meet overall demand. Often, that is a gas plant, so gas price spikes can send electricity prices soaring.

EU countries disagree on how far the reforms should go.

Spain, France and Greece are among those seeking a deep reform.

In a document shared with EU countries, seen by Reuters, Spain said the reforms should help national regulators to sign more long-term contracts with electricity generators to pay a fixed price for their power.

Nuclear and renewable energy producers, for example, would receive a "contract for difference" (CfD) from the government to provide power during their lifespan - potentially decades - at a stable price that reflects their average cost of production.

Similarly, France suggests, as part of a new electricity pricing scheme, requiring energy suppliers to sign long-term, fixed-price contracts with power generators - either through a CfD, or a private Power Purchase Agreement (PPA) between the parties.

French officials say this would give the power plant owner predictable revenue, while enabling consumers to have part of their energy bill comprised of this more stable price.

Germany, Denmark, Latvia and four other countries oppose a deep reform, and, as nine EU countries oppose reforms overall, have warned the EU against a "crisis mode" overhaul of a complex system that has taken decades to develop.

They say Europe's existing power market is functioning well, and has fostered years of lower power prices, supported renewable energy and helped avoid energy shortages.

Those countries support only limited tweaks, such as making it easier for consumers to choose between fluctuating and fixed-price power contracts.


'DECOUPLE' PRICES?
The Commission initially pitched the reform as a chance to "decouple" gas and power prices in Europe, suggesting a redesign of the current system of setting power prices. But EU officials say Brussels now appears to be leaning towards more modest changes.

A public consultation on the reforms last month steered clear of a deep energy market intervention. Rather, it suggested expanding Europe's use of long-term contracts, outlining a plan for more fixed-price contracts that provide power plants with a fixed price for their electricity, like CfDs or PPAs.

The Commission said this could be done by setting EU-wide rules for CfDs and letting countries voluntarily use them, or require new state-funded power plants to sign CfDs. The consultation mooted the idea of forcing existing power plants to sign CfDs, but said this could deter much-needed investments in renewable energy.


RISKS, REWARDS
Pro-reform countries like Spain say a revamped power market will bring down energy prices for consumers, by matching their bills more closely with the true cost of producing lower-carbon electricity.

France says the aim is to secure investment in low-carbon energy including renewables, and nuclear plants like those Paris plans to build. It also says lowering power prices should be part of Europe's response to massive industrial subsidies in the United States and China - by helping European firms keep a competitive edge.

But sceptics warn that drastic changes to the market could knock confidence among investors, putting at risk the hundreds of billions of euros in renewable energy investments the EU says are needed to quit Russian fossil fuels under its plan to dump Russian energy and meet climate goals.

Energy companies including Engie (ENGIE.PA), Orsted (ORSTED.CO) and Iberdrola (IBE.MC) have said making CfDs mandatory or imposing them retroactively on existing power plants could deter investment and trigger litigation from energy companies.


POLITICAL DEBATE
EU countries' energy ministers discuss the reforms on Monday, before formal negotiations begin.

The Commission, which drafts EU laws, plans to propose the reforms on Mar. 14. After that, EU countries and lawmakers negotiate the final law, which must win majority support from European Parliament lawmakers and a reinforced majority of at least 15 countries.

Negotiations on major EU legislation often take more than a year, but some countries are pushing for a fast-tracked deal. France wants the law to be finished this year.

That has already hit resistance from countries like Germany, highlighting a France-Germany tussle over the scope of reform as they say deeper changes cannot be rushed through, and they would need an "in-depth impact assessment" - something the Commission's upcoming proposal is not expected to include, because it has been drafted so quickly.

The timeline is further complicated by European Parliament elections in 2024. That has raised concerns in reform-hungry states that failure to strike a deal before the election could significantly delay the reforms, if negotiations have to pause until a new EU parliament is elected.

 

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U.S. Launches $250 Million Program To Strengthen Energy Security For Rural Communities

DOE RMUC Cybersecurity Program supports rural, municipal, and small investor-owned utilities with grants, technical assistance, grid resilience, incident response, workforce training, and threat intelligence sharing to harden energy systems and protect critical infrastructure.

 

Key Points

A $250M DOE program providing grants to boost rural and municipal utilities' cybersecurity and incident response.

✅ Grants and technical assistance for grid security

✅ Enhances incident response and threat intel sharing

✅ Builds cybersecurity workforce in rural utilities

 

The U.S. Department of Energy (DOE) today issued a Request for Information (RFI) seeking public input on a new $250 million program to strengthen the cybersecurity posture of rural, municipal, and small investor-owned electric utilities.

Funded by President Biden’s Bipartisan Infrastructure Law and broader clean energy funding initiatives, the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance (RMUC) Program will help eligible utilities harden energy systems, processes, and assets; improve incident response capabilities; and increase cybersecurity skills in the utility workforce. Providing secure, reliable power to all Americans, with a focus on equity in electricity regulation across communities, will be a key focus on the pathway to achieving President Biden’s goal of a net-zero carbon economy by 2050. 

“Rural and municipal utilities provide power for a large portion of low- and moderate-income families across the nation and play a critical role in ensuring the economic security of our nation’s energy supply,” said U.S. Secretary of Energy Jennifer M. Granholm. “This new program reflects the Biden Administration's commitment to improving energy reliability and connecting our nation’s rural communities to resilient energy infrastructure and the transformative benefits that come with it.” 

Nearly one in six Americans live in a remote or rural community. Utilities in these communities face considerable obstacles, including difficulty recruiting top cybersecurity talent, inadequate infrastructure, as the aging U.S. power grid struggles to support new technologies, and lack of financial resources needed to modernize and harden their systems. 

The RMUC Program will provide financial and technical assistance to help rural, municipal, and small investor-owned electric utilities improve operational capabilities, increase access to cybersecurity services, deploy advanced cyber security technologies, and increase participation of eligible entities in cybersecurity threat information sharing programs and coordination with federal partners initiatives. Priority will be given to eligible utilities that have limited cybersecurity resources, are critical to the reliability of the bulk power system, or those that support our national defense infrastructure. 

The Office of Cybersecurity, Energy Security, and Emergency Response (CESER), which advances U.S. energy security objectives, will manage the RMUC Program, providing $250 million dollars in BIL funding over five years. To help inform Program implementation, DOE is seeking input from the cybersecurity community, including eligible utilities and representatives of third parties and organizations that support or interact with these utilities. The RFI seeks input on ways to improve cybersecurity incident preparedness, response, and threat information sharing; cybersecurity workforce challenges; risks associated with technologies deployed on the electric grid; national-scale initiatives to accelerate cybersecurity improvements in these utilities; opportunities to strengthen partnerships and energy security support efforts; the selection criteria and application process for funding awards; and more. 

 

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Romania enhances safety at Cernavoda, IAEA reports

IAEA OSART Cernavoda highlights strengthened operational safety at Romania’s Cernavoda NPP, citing improved maintenance practices, simulator training, and deficiency reporting, with ongoing actions on spare parts procurement, procedure updates, and chemical control for nuclear compliance.

 

Key Points

An IAEA follow-up mission confirming improved operational safety at Cernavoda NPP, with remaining actions tracked.

✅ Enhanced simulator training and crew performance

✅ Improved field deficiency identification and reporting

✅ Ongoing upgrades to procedures, spares, and chemical control

 

The International Atomic Energy Agency (IAEA) said yesterday that the operator of Romania’s Cernavoda nuclear power plant had demonstrated "strengthened operational safety" by addressing the findings of an initial IAEA review in 2016. The Operational Safety Review Team (OSART) concluded a five-day follow-up mission on 8 March to the Cernavoda plant, which is on the Danube-Black Sea Canal, about 160 km from Bucharest.

The plant's two 706 MWe CANDU pressurised heavy water reactors, reflecting Canadian nuclear projects, came online in 1996 and 2007, respectively.

The OSART team was led by Fuming Jiang, a senior nuclear safety officer at the IAEA, which recently commended China's nuclear security in separate assessments.

"We saw improvements in key areas, such as the procurement of important spare parts, the identification and reporting of some deficiencies, and some maintenance work practices, as evidenced by relevant performance indicators," Jiang said, noting milestones at nuclear projects worldwide this year.

The team observed that several findings from the 2016 review had been fully addressed, including: enhanced operator crew performance during simulator training; better identification and reporting of deficiencies in the field; and improvement in maintenance work practices.

More time is required, it said, to fully implement some actions, including: further improvements in the procurement of important spare parts with relevance to safety; further enhancement in the revision and update of some operating procedures, drawing on lessons from Pickering NGS life extensions undertaken in Ontario; and control and labelling of some plant chemicals.

Dan Bigu, site vice president of Cernavoda NPP, said the 2016 mission had "proven to be very beneficial", adding that the current follow-up mission would "provide further catalyst support to our journey to nuclear excellence".

The team provided a draft report of the mission to the plant's management and a final report will be submitted to the Romanian government, which recently moved to terminate talks with a Chinese partner on a separate nuclear project, within three months.

OSART missions aim to improve operational safety by objectively assessing safety performance, even as the agency reports mines at Ukraine's Zaporizhzhia plant amid ongoing risks, using the IAEA's safety standards and proposing recommendations and suggestions for improvement where appropriate. The follow-up missions are standard components of the OSART programme and, as the IAEA has warned of risks from attacks on Ukraine's power grids, are typically conducted within two years of the initial mission.

 

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Doug Ford's New Stance on Wind Power in Ontario

Ontario Wind Power Policy Shift signals renewed investment in renewable energy, wind farms, and grid resilience, aligning with climate goals, lower electricity costs, job creation, and turbine technology for cleaner, diversified power.

 

Key Points

A provincial pivot to expand wind energy, meet climate goals, lower costs, and boost jobs across Ontario’s power system.

✅ Diversifies Ontario's grid with scalable renewable capacity.

✅ Targets emissions cuts while stabilizing electricity prices.

✅ Spurs rural investment, supply chains, and skilled jobs.

 

Ontario’s energy landscape is undergoing a significant transformation as Premier Doug Ford makes a notable shift in his approach to wind power. This change represents a strategic pivot in the province’s energy policy, potentially altering the future of Ontario’s power generation, environmental goals, and economic prospects.

The Backdrop: Ford’s Initial Stance on Wind Power

When Doug Ford first assumed the role of Premier in 2018, his administration was marked by a strong stance against renewable energy projects, including wind power, with Ford later saying he was proud of tearing up contracts as part of this shift. Ford’s government inherited a legacy of ambitious renewable energy commitments from the previous Liberal administration under Kathleen Wynne, which had invested heavily in wind and solar energy. The Ford government, however, was critical of these initiatives, arguing that they resulted in high energy costs and a surplus of power that was not always needed.

In 2019, Ford’s government began rolling back several renewable energy projects, including wind farms, and was soon tested by the Cornwall wind farm ruling that scrutinized a cancellation. This move was driven by a promise to reduce electricity bills and cut what was perceived as wasteful spending on green energy. The cancellation of several wind projects led to frustration among environmental advocates and the renewable energy sector, who viewed the decision as a setback for Ontario’s climate goals.

The Shift: Embracing Wind Power

Fast forward to 2024, and Premier Ford’s administration is taking a markedly different approach. The recent policy shift, which moves to reintroduce renewable projects, indicates a newfound openness to wind power, reflecting a broader acknowledgment of the changing dynamics in energy needs and environmental priorities.

Several factors appear to have influenced this shift:

  1. Rising Energy Demands and Climate Goals: Ontario’s growing energy demands, coupled with the pressing need to address climate change, have necessitated a reevaluation of the province’s energy strategy. As Canada commits to reducing greenhouse gas emissions and transitioning to cleaner energy sources, wind power is increasingly seen as a crucial component of this strategy. Ford’s change in direction aligns with these national and global goals.

  2. Economic Considerations: The economic landscape has also evolved since Ford’s initial opposition to wind power. The cost of wind energy has decreased significantly over the past few years, making it a more competitive and viable option compared to traditional energy sources, as competitive wind power gains momentum in markets worldwide. Additionally, the wind energy sector promises substantial job creation and economic benefits, which are appealing in the context of post-pandemic recovery and economic growth.

  3. Public Opinion and Pressure: Public opinion and advocacy groups have played a role in shaping policy. There has been a growing demand from Ontarians for more sustainable and environmentally friendly energy solutions. The Ford administration has been responsive to these concerns, recognizing the importance of addressing public and environmental pressures.

  4. Technological Advancements: Advances in wind turbine technology have improved efficiency and reduced the impact on wildlife and local communities. Modern wind farms are less intrusive and more effective, addressing some of the concerns that were previously associated with wind power.

Implications of the Policy Shift

The implications of Ford’s shift towards wind power are far-reaching. Here are some key areas affected by this change:

  1. Energy Portfolio Diversification: By reembracing wind power, Ontario will diversify its energy portfolio, reducing its reliance on fossil fuels and increasing the proportion of renewable energy in the mix. This shift will contribute to a more resilient and sustainable energy system.

  2. Environmental Impact: Increased investment in wind power will contribute to Ontario’s efforts to combat climate change. Wind energy is a clean, renewable source that produces no greenhouse gas emissions during operation. This aligns with broader environmental goals and helps mitigate the impact of climate change.

  3. Economic Growth and Job Creation: The wind power sector has the potential to drive significant economic growth and create jobs. Investments in wind farms and associated infrastructure can stimulate local economies, particularly in rural areas where many wind farms are located.

  4. Energy Prices: While the initial shift away from wind power was partly motivated by concerns about high energy costs, including exposure to costly cancellation fees in some cases, the decreasing cost of wind energy could help stabilize or even lower electricity prices in the long term. As wind power becomes a larger component of Ontario’s energy supply, it could contribute to a more stable and affordable energy market.

Moving Forward: Challenges and Opportunities

Despite the positive aspects of this policy shift, there are challenges to consider, and other provinces have faced setbacks such as the Alberta wind farm scrapped by TransAlta that illustrate potential hurdles. Integrating wind power into the existing grid requires careful planning and investment in grid infrastructure. Additionally, addressing local concerns about wind farms, such as their impact on landscapes and wildlife, will be crucial to gaining broader acceptance.

Overall, Doug Ford’s shift towards wind power represents a significant and strategic change in Ontario’s energy policy. It reflects a broader understanding of the evolving energy landscape and the need for a sustainable and economically viable energy future. As the province navigates this new direction, the success of this policy will depend on effective implementation, ongoing stakeholder engagement, and a commitment to balancing environmental, economic, and social considerations, even as the electricity future debate continues among party leaders.

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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Ontario will refurbish Pickering B NGS

Pickering nuclear refurbishment will modernize Ontario's Candu reactors at Pickering B, sustaining 2,000 MW of clean electricity, aiding net-zero goals, and aligning with Ontario Power Generation plans and Canadian Nuclear Safety Commission reviews.

 

Key Points

An 11-year overhaul of Pickering B Candu reactors to extend life, keep 2,000 MW online, and back Ontario net-zero grid.

✅ 11-year project; 11,000 annual jobs; $19.4B GDP impact.

✅ Refurbishes four Pickering B Candu units; maintains 2,000 MW.

✅ Requires Canadian Nuclear Safety Commission license approvals.

 

The Ontario government has announced its intention to pursue a Pickering refurbishment at the venerable nuclear power station, which has been operational for over fifty years. This move could extend the facility's life by another 30 years.

This decision is timely, as Ontario anticipates a significant surge in electricity demand and a growing electricity supply gap in the forthcoming years. Additionally, all provinces are grappling with new federal mandates for clean electricity, necessitating future power plants to achieve net-zero carbon emissions.

Todd Smith, the Energy Minister, is expected to endorse Ontario Power Generation's proposal for the plant's overhaul, as per a preliminary version of a government press release.

The renovation will focus on four Candu reactors, known collectively as Pickering B, which were originally commissioned in the early 1980s. This upgrade is projected to continue delivering 2,000 megawatts of power, equivalent to the current output of these units.

According to the press release, the project will span 11 years, create approximately 11,000 annual jobs, and contribute $19.4 billion to Ontario's GDP. However, the total budget for the project remains unspecified.

The project follows the ongoing refurbishment of four units at the nearby Darlington nuclear station, which is more than halfway completed with a budget of $12.8 billion.

The proposal awaits the Canadian Nuclear Safety Commission's approval, and officials face extension request timing considerations before key deadlines.

The Commission is also reviewing a prior request from OPG to extend the operational license of the existing Pickering B units until 2026. This extension would allow the plant to safely continue operating until the commencement of its renovation, pending approval.

 

Ontario's Ambitious Nuclear Strategy

The announcement regarding Pickering is part of Ontario's broader clean energy plan for an unprecedented expansion of nuclear power in Canada.

Last summer, the province announced its intention to nearly double the output at Bruce Power, currently the world's largest nuclear generating station.

Additionally, Ontario revealed SMR plans to construct three more alongside the existing project at Darlington. These reactors are expected to supply enough electricity to power around 1.2 million homes.

Discussions about revitalizing the Pickering facility began in 2022, after the station had been slated to close as planned amid debate, with Ontario Power Generation submitting a feasibility report to the government last summer.

The Ford government emphasized the necessity of this nuclear expansion to meet the increasing electricity demands anticipated from the auto sector's shift to electric vehicles, the steel industry's move away from coal-fired furnaces, and the growing population in Ontario.

Ontario's capability to attract major international car manufacturers like Volkswagen and Stellantis to produce electric vehicles and batteries is partly attributed to the fact that 90% of the province's electricity comes from non-fossil fuel sources.

 

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