AEP civil suits draw closer to trial date

By Marietta Times


Substation Relay Protection Training

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 12 hours Instructor-led
  • Group Training Available
Regular Price:
$699
Coupon Price:
$599
Reserve Your Seat Today
Civil suits against American Electric Power stemming from a 2007 explosion near Beverly are inching closer to trial, with a hearing in Washington County Common Pleas Court.

The hearing was not open to the public but is one of the final steps leading up to a June 13 trial being brought by one of the men injured in the January 8 blast at AEP's Muskingum River power plant near Beverly.

The explosion killed one man and injured nine others.

Geoffrey Brown, a Wheeling, W.Va., attorney representing former AEP worker Drumand McLaughlin, 53, of Caldwell, said his client suffered "very serious" injuries in the January 8 incident.

"They are mostly to the left shoulder and neck and are permanent and debilitating injuries," Brown said. "Also, he has had a great deal of psychological issues and stress. The explosion itself was massive. Anyone who has lived through something like that can tell you it affects you."

The suit seeks unspecified damages and alleges AEP was aware, or should have been aware, of problems with a compressed hydrogen storage system that exploded during the transfer of the material from a tanker truck to the storage system.

Truck driver Lewis Timmons, 61, of New Martinsville, West Virginia, was killed in the explosion, which also damaged a generation unit at the plant and tore a 160-foot-by-160-foot section of metal siding from the building.

Brown said he also represents the Timmons family in a wrongful death suit against AEP and others that is filed in Moundsville, W.Va., and set to go to trial in August.

The attorney representing the power company, Mathew Casto, of Charleston, W.Va., declined to comment on the pending suits.

In their written response to the suits, the company denies any wrongdoing.

AEP officials did not return a call seeking comment.

In August 2007, AEP paid more than $55,000 in fines to settle federal Occupational Safety and Health Administration OSHA violations relating to the explosion.

The OSHA investigation led to one "willful" and eight "serious" violations, alleging the company demonstrated "intentional disregard or plain indifference to the law" in regard to the hydrogen storage.

Hydrogen is used as a cooling agent at the coal-fired power plant.

OSHA claimed the hydrogen cylinders were stored in an area that was not properly ventilated, which allowed for the accumulation of dangerous quantities of hydrogen.

Also, OSHA claimed AEP used thin-walled copper instead of stainless steel tubing for the system pressure relief devices were wrong and the containers were stored too close to oxygen and acetylene cylinders.

The trucking company Timmons was working for was also cited, with fines totaling $9,100.

The trucking company violations included failure to use non-sparking tools and failure to shut off the truck engine before starting the transfer of the hydrogen.

Related News

Hydro One Q2 profit plunges 23% as electricity revenue falls, costs rise

Hydro One Q2 Earnings show lower net income and EPS as mild weather curbed electricity demand; revenue missed Refinitiv estimates, while tree-trimming costs rose and the dividend remained unchanged for Ontario's grid operator.

 

Key Points

Hydro One Q2 earnings fell to $155M, EPS $0.26, revenue $1.41B; costs rose, demand eased, dividend held at $0.2415.

✅ Net income $155M; EPS $0.26 vs $0.34 prior year

✅ Revenue $1.41B; missed $1.44B estimate

✅ Dividend steady at $0.2415 per share

 

Hydro One Ltd.'s (H.TO 0.25%) second-quarter profit fell by nearly 23 per cent from last year to $155 million as the electricity utility reported spending more on tree-trimming work due to milder temperatures that also saw customers using less power, notwithstanding other periods where a one-time court ruling gain shaped quarterly results.

The Toronto-based company - which operates most of Ontario's power grid - and whose regulated rates are subject to an OEB decision, says its net earnings attributable to shareholders dropped to 26 cents per share from 34 cents per share when Hydro One had $200 million in net income.

Adjusted net income was also 26 cents per share, down from 33 cents per diluted share in the second quarter of 2018, while executive pay, including the CEO salary, drew public scrutiny during the period.

Revenue was $1.41 billion, down from $1.48 billion, while revenue net of purchased power was $760 million, down from $803 million, and across the sector, Manitoba Hydro's debt has surged as well.

Separately, Ontario introduced a subsidized hydro plan and tax breaks to support economic recovery from COVID-19, which could influence consumption patterns.

Analysts had estimated $1.44 billion of revenue and 27 cents per share of adjusted income, and some investors cite too many unknowns in evaluating the stock, according to financial markets data firm Refinitiv.

The publicly traded company, which saw a share-price drop after leadership changes and of which the Ontario government is the largest shareholder, says its quarterly dividend will remain at 24.15 cents per share for its next payment to shareholders in September.

 

Related News

View more

US Dept. of Energy awards Washington state $23.4 million to strengthen infrastructure

Washington Grid Resilience Grant funds DOE-backed modernization to harden Washington's electric grid against extreme weather, advancing clean energy, affordable and reliable electricity, and community resilience under the Bipartisan Infrastructure Law via projects and utility partnerships.

 

Key Points

A $23.4M DOE grant to modernize Washington's grid, boost weather resilience, and deliver clean, reliable power.

✅ Targets outages, reliability, and community resilience statewide.

✅ Prioritizes disadvantaged areas and quality clean energy jobs.

✅ Backed by Bipartisan Infrastructure Law and DOE funding.

 

Washington state has received a $23.4 million Grid Resilience State and Tribal Formula Grant from the U.S. Department of Energy (DOE) to modernize the electric grid through smarter electricity infrastructure and reduce impacts due to extreme weather and natural disasters. Grid Resilience State and Tribal Formula Grants aim to ensure the reliability of power sector infrastructure so that communities have access to affordable, reliable, clean electricity.

“Electricity is an essential lifeline for communities. Improving our systems by reducing disruptive events is key as we cross the finish line of a 100% clean electricity grid and ensure equitable benefits from the clean energy economy reach every community,” said Gov. Jay Inslee.

The federal funding for energy resilience will enhance and expand ongoing current grid modernization and resilience efforts throughout the state. For example, working directly with rural and typical end-of-the-line customers to develop resilience plans and collaborating with communities and utilities, including smart city efforts in Spokane as examples, on building resilient and renewable infrastructure for essential services.

“This is a significant opportunity to supplement our state investments in building a robust, resilient electric grid that supports our long-term vision for clean, affordable and reliable electricity – the foundation for economic growth and job creation that strengthens our communities and keeps Washington globally competitive. It shows once again that we are maximizing the federal funding being made available by the Biden-Harris Administration to invest in the country’s infrastructure,” said Washington State Department of Commerce Director Mike Fong.

Across the border, British Columbia's clean energy shift adds regional momentum for resilient, low-carbon power.

Goals include:

Reducing the frequency, duration and impact of outages as climate change impacts on the grid intensify while enhancing resiliency in historically disadvantaged communities.
Strengthening prosperity by expanding well-paying, safe clean energy jobs accessible to all workers and ensuring investments have a positive effect on quality job creation and equitable economic development.

Building a community of practice and maximizing project scalability by identifying pathways for scaling innovations such as integrating solar into the grid across programs.

“The Grid Resilience Formula Grants will enable communities in Washington to protect households and businesses from blackouts or power shutdowns during extreme weather,” said Maria Robinson, Director, Grid Deployment Office, U.S. Department of Energy. “Projects selected through this program will benefit communities by creating good-paying jobs to deliver clean, affordable, and reliable energy across the country.”

DOE has also announced $34 million for grid improvements to bolster reliability nationwide.

“An innovative, reliable, and efficient power grid is vital to Washington’s continued economic growth and for community resilience especially in disadvantaged areas,” said U.S. Rep. Strickland, Co-Lead of the bipartisan Grid Innovation Caucus. “The funding announced today will invest in our energy grid, support good-paying jobs, and means a cleaner, more energy-efficient future.”

Funded through the Bipartisan Infrastructure Law and administered by DOE’s Grid Deployment Office, with related efforts such as California grid upgrades advancing nationwide, the Grid Resilience State and Tribal Formula Grants distribute funding to states, territories, and federally recognized Indian Tribes, over five years based on a formula that includes factors such as population size, land area, probability and severity of disruptive events, and a locality’s historical expenditures on mitigation efforts. Priority will be given to projects that generate the greatest community benefit providing clean, affordable, and reliable energy.

 

Related News

View more

Told "no" 37 times, this Indigenous-owned company brought electricity to James Bay anyway

Five Nations Energy Transmission Line connects remote First Nations to the Ontario power grid, delivering clean, reliable electricity to Western James Bay through Indigenous-owned transmission infrastructure, replacing diesel generators and enabling sustainable community growth.

 

Key Points

An Indigenous-owned grid link providing reliable power to Western James Bay First Nations, replacing polluting diesel.

✅ Built by five First Nations; fully Indigenous-owned utility

✅ 270 km line connecting remote James Bay communities

✅ Ended diesel dependence; enabled sustainable development

 

For the Indigenous communities along northern Ontario’s James Bay — the ones that have lived on and taken care of the lands as long as anyone can remember — the new millenium marked the start of a diesel-less future, even as Ontario’s electricity outlook raised concerns about getting dirtier in policy debates. 

While the southern part of the province took Ontario’s power grid for granted, despite lessons from Europe’s power crisis about reliability, the vast majority of these communities had never been plugged in. Their only source of power was a handful of very loud diesel-powered generators. Because of that, daily life in the Attawapiskat, Kashechewan and Fort Albany First Nations involved deliberating a series of tradeoffs. Could you listen to the radio while toasting a piece of bread? How many Christmas lights could you connect before nothing else was usable? Was there enough power to open a new school? 

The communities wanted a safe, reliable, clean alternative, with Manitoba’s clean energy illustrating regional potential, too. So did their chiefs, which is why they passed a resolution in 1996 to connect the area to Ontario’s grid, not just for basic necessities but to facilitate growth and development, and improve their communities’ quality of life. 

The idea was unthinkable at the time — scorned and dismissed by those who held the keys to Ontario’s (electrical) power, much like independent power projects can be in other jurisdictions. Even some in the community didn’t fully understand it. When the idea was first proposed at a gathering of Nishnawbe Aski Nation, which represents 49 First Nations, one attendee said the only way he could picture the connection was as “a little extension cord running through the bush from Moosonee.” 

But the leadership of Attawapiskat, Kashechewan and Fort Albany First Nations had been dreaming and planning. In 1997, along with members of Taykwa Tagamou and Moose Cree First Nations, they created the first, and thus far only, fully Indigenous-owned energy company in Canada: Five Nations Energy Inc., as partnerships like an OPG First Nation hydro project would later show in action, too. 

Over the next five years, the organization built Omushkego Ishkotayo, the Cree name for the Western James Bay transmission line: “Omushkego” refers to the Swampy Cree people, and “Ishkotayo” to hydroelectric power, while other regions were commissioning new BC generating stations in parallel. The 270-kilometre-long transmission line is in one of the most isolated regions of Ontario, one that can only be accessed by plane, except for a few months in winter when ice roads are strong enough to drive on. The project went online in 2001, bringing reliable power to over 7,000 people who were previously underserved by the province’s energy providers. It also, somewhat controversially, enabled Ontario’s first diamond mine in Attawapiskat territory.

The future the First Nations created 25 years ago is blissfully quiet, now that the diesel generators are shut off. “When the power went on, you could hear the birds,” Patrick Chilton, the CEO of Five Nations Energy, said with a smile. “Our communities were glowing.”

Power, politics and money: Five Nations Energy needed government, banks and builders on board
Chilton took over in 2013 after the former CEO, his brother Ed, passed away. “This was all his idea,” Chilton told The Narwhal in a conversation over Zoom from his office in Timmins, Ont. The company’s story has never been told before in full, he said, because he felt “vulnerable” to the forces that fought against Omushkego Ishkotayo or didn’t understand it, a dynamic underscored by Canada’s looming power problem reporting in recent years. 

The success of Five Nations Energy is a tale of unwavering determination and imagination, Chilton said, and it started with his older brother. “Ed was the first person who believed a transmission line was possible,” he said.

In a Timmins Daily Press death notice published July 2, 2013, Ed Chilton is described as having “a quiet but profound impact on the establishment of agreements and enterprises benefitting First Nations peoples and their lands.” Chilton doesn’t describe him that way, exactly. 

“If you knew my brother, he was very stubborn,” he said. A certified engineering technologist, Ed was a visionary whose whole life was defined by the transmission line. He was the first to approach the chiefs with the idea, the first to reach out to energy companies and government officials and the one who persuaded thousands of people in remote, underserved communities that it was possible to bring power to their region.

After that 1996 meeting of Nishnawbe Aski Nation, there came a four-year-long effort to convince the rest of Ontario, and the country, the project was possible and financially viable. The chiefs of the five First Nations took their idea to the halls of power: Queen’s Park, Parliament Hill and the provincial power distributor Hydro One (then Ontario Hydro). 

“All of them said no,” Chilton said. “They saw it as near to impossible — the idea that you could build a transmission line in the ‘swamp,’ as they called it.” The Five Nations Energy team kept a document at the time tracking how many times they heard no; it topped out at 37. 

One of the worst times was in 1998, at a meeting on the 19th floor of the Ontario Hydro building in the heart of downtown Toronto. There, despite all their preparation and planning, a senior member of the Ontario Hydro team told Chilton, Martin and other chiefs “you’ll build that line over my dead body,” Chilton recalled. 

At the time, Chilton said, Ontario Hydro was refusing to cooperate: unwilling to let go of its monopoly over transmission lines, but also saying it was unable to connect new houses in the First Nations to diesel generators it said were at maximum capacity. (Ontario Hydro no longer exists; Hydro One declined to comment.)

“There’s always naysayers no matter what you’re doing,” Martin said. “What we were doing had never been done before. So of course people were telling us how we had never managed something of this size or a budget of this size.” 

“[Our people] basically told them to blow it up your ass. We can do it,” Chilton said.

So the chiefs of the five nations did something they’d never done before: they went to all of the big banks and many, many charitable foundations trying to get the money, a big ask for a project of this scale, in this location. Without outside support, their pitch was that they’d build it themselves.

This was the hardest part of the process, said Lawrence Martin, the former Grand Chief of Mushkegowuk Tribal Council and a member of the Five Nations Energy board. “We didn’t know how to finance something like this, to get loans,” he told The Narwhal. “That was the toughest task for all of us to achieve.”

Eventually, they got nearly $50 million in funding from a series of financial organizations including the Bank of Montreal, Pacific and Western Capital, the Northern Ontario Heritage Fund Corporation (an Ontario government agency) and the engineering and construction company SNC Lavalin, which did an assessment of the area and deemed the project viable. 

And in 1999, Ed Chilton, other members of the Chilton family and the chiefs were able to secure an agreement with Ontario Hydro that would allow them to buy electricity from the province and sell it to their communities. 

 

Related News

View more

Blood Nickel and Canada's Role in Global Mining Sustainability

Blood Nickel spotlights ethical sourcing in the EV supply chain, linking nickel mining to human rights, environmental impact, ESG standards, and Canadian leadership in sustainable extraction, transparency, and community engagement across global battery materials markets.

 

Key Points

Blood Nickel is nickel mined under unethical or harmful conditions, raising ESG, human rights, and environmental risks.

✅ Links EV battery supply chains to social and environmental harm

✅ Calls for transparency, traceability, and ethical sourcing standards

✅ Highlights Canada's role in sustainable mining and community benefits

 

The rise of electric vehicles (EVs) has sparked a surge in demand for essential battery components, particularly nickel, and related cobalt market pressures essential for their batteries. This demand has ignited concerns about the environmental and social impacts of nickel mining, particularly in regions where standards may not meet global sustainability benchmarks. This article explores the concept of "blood nickel," its implications for the environment and communities, and Canada's potential role in promoting sustainable mining practices.

The Global Nickel Boom

As the automotive industry shifts towards electric vehicles, nickel has emerged as a critical component for lithium-ion batteries due to its ability to store energy efficiently. This surge in demand has led to a global scramble for nickel, with major producers ramping up extraction efforts to meet market needs amid EV shortages and wait times that underscore supply constraints. However, this rapid expansion has raised alarms about the environmental consequences of nickel mining, including deforestation, water pollution, and carbon emissions from energy-intensive extraction processes.

Social Impacts: The Issue of "Blood Nickel"

Beyond environmental concerns, the term "blood nickel" has emerged to describe nickel mined under conditions that exploit workers, disregard human rights, or fail to uphold ethical labor standards. In some regions, nickel mining has been linked to issues such as child labor, unsafe working conditions, and displacement of indigenous communities. This has prompted calls for greater transparency and accountability in global supply chains, with initiatives like U.S.-ally efforts to secure EV metals aiming to align sourcing standards, to ensure that the benefits of EV production do not come at the expense of vulnerable populations.

Canada's Position and Potential

Canada, home to significant nickel deposits, stands at a pivotal juncture in the global EV revolution, supported by EV assembly deals in Canada that strengthen domestic manufacturing. With its robust regulatory framework, commitment to environmental stewardship, and advanced mining technologies, Canada has the potential to lead by example in sustainable nickel mining practices. Canadian companies are already exploring innovations such as cleaner extraction methods, renewable energy integration, and community engagement initiatives to minimize the environmental footprint and enhance social benefits of nickel mining.

Challenges and Opportunities

Despite Canada's potential, the mining industry faces challenges in balancing economic growth with environmental and social responsibility and building integrated supply chains, including downstream investments like a battery plant in Niagara that can connect materials to markets. Achieving sustainable mining practices requires collaboration among governments, industry stakeholders, and local communities to establish clear guidelines, monitor compliance, and invest in responsible resource development. This approach not only mitigates environmental impacts but also fosters long-term economic stability and social well-being in mining regions.

Pathways to Sustainability

Moving forward, Canada can play a pivotal role in shaping the global nickel supply chain by promoting transparency, ethical sourcing, and environmental stewardship. This includes advocating for international standards that prioritize sustainable mining practices, supporting research and development of cleaner technologies, and leveraging adjacent resources such as Alberta lithium potential to diversify battery supply chains, while fostering partnerships with global stakeholders to ensure a fair and equitable transition to a low-carbon economy.

Conclusion

The rapid growth of electric vehicles has propelled nickel into the spotlight, highlighting both its strategic importance and the challenges associated with its extraction. As global demand for "green" metals intensifies, addressing the concept of "blood nickel" becomes increasingly urgent, even as trade measures like tariffs on Chinese EVs continue to reshape market incentives. Canada, with its rich nickel reserves and commitment to sustainability, has an opportunity to lead the charge towards ethical and responsible mining practices. By leveraging its strengths in innovation, regulation, and community engagement, Canada can help forge a path towards a more sustainable future where electric vehicles drive progress without compromising environmental integrity or social justice.

 

Related News

View more

New Program Set to Fight for 'Electricity Future That Works for People and the Planet'

Energy Justice Program drives a renewables-based transition, challenging utility monopolies with legal action, promoting rooftop solar, distributed energy, public power, and climate justice to decarbonize the grid and protect communities and wildlife nationwide.

 

Key Points

A climate justice initiative advancing renewables, legal action, and public power to challenge utility monopolies.

✅ Challenges utility barriers to rooftop solar and distributed energy

✅ Advances state and federal policies for equitable, public power

✅ Uses litigation to curb fossil fuel dependence and protect communities

 

The Center for Biological Diversity on Monday rolled out a new program to push back against the nation's community- and wildlife-harming energy system that the climate advocacy group says is based on fossil fuels and a "centralized monopoly on power."

The goal of the new effort, the Energy Justice Program, is to help forge a path towards a just and renewables-based energy future informed by equitable regulation principles.

"Our broken energy system threatens our climate and our future," said Jean Su, the Energy Justice Program's new director, in a statement. "Utilities were given monopolies to ensure public access to electricity, but these dinosaur corporations are now hurting the public interest by blocking the clean energy transition, including via coal and nuclear subsidy schemes that profit off the fossil fuel era."

"In this era of climate catastrophe," she continued, "we have to stop these outdated monopolies and usher in a new electricity future that works for people and the planet."

To meet those goals, the new program will pursue a number of avenues, including using legal action to fight utilities' obstruction of clean energy efforts, helping communities advance local solar programs through energy freedom strategies in the South, and crafting energy policies on the state, federal, and international levels in step with commitments from major energy buyers to achieve a 90% carbon-free goal by 2030.

Some of that work is already underway. In June the Center filed a brief with a federal court in a bid to block Arizona power utility Salt River Project from slapping a 60-percent electricity rate hike on rooftop solar customers—amid federal efforts to reshape electricity pricing that critics say are being rushed—a move the group described (pdf) as an obstacle to achieving "the energy transition demanded by climate science."

The Center is among the groups in Energy Justice NC. The diverse coalition seeks to end the energy stranglehold in North Carolina held by Duke Energy, which continues to invest in fossil fuel projects even as it touts clean energy and grid investments in the region.

The time for a new energy system, says the Energy Justice Program, is now, as climate change impacts increasingly strain the grid.

"Amid this climate and extinction emergency," said Su, "the U.S. can't afford to stick with the same centralized, profit-driven electricity system that drove us here in the first place. We have to seize this once-in-a-generation opportunity to design a new system of accountable, equitable, truly public power."

 

Related News

View more

Canada Makes Historic Investments in Tidal Energy in Nova Scotia

Canada Tidal Energy Investment drives Nova Scotia's PLAT-I floating tidal array at FORCE, advancing renewable energy, clean electricity, emissions reductions, and green jobs while delivering 9 MW of predictable ocean power to the provincial grid.

 

Key Points

Federal funding for a floating tidal array delivering 9 MW of clean power in Nova Scotia, cutting annual CO2 emissions.

✅ $28.5M for Sustainable Marine's PLAT-I floating array

✅ Delivers 9 MW to Nova Scotia's grid via FORCE

✅ Cuts 17,000 tonnes CO2 yearly and creates local jobs

 

Canada has an abundance of renewable energy sources that are helping power our country's clean growth future and the Government of Canada is investing in renewable energy and grid modernization to reduce emissions, create jobs and invigorate local economies in a post COVID-19 pandemic world.

The Honourable Seamus O'Regan, Canada's Minister of Natural Resources, today announced one of Canada's largest-ever investments in tidal energy development — $28.5 million to Sustainable Marine in Nova Scotia to deliver Canada's first floating tidal energy array.

Sustainable Marine developed an innovative floating tidal energy platform called PLAT-I as part of advances in ocean and river power technologies that has undergone rigorous testing on the waters of Grand Passage for nearly two years. A second platform is currently being assembled in Meteghan, Nova Scotia and will be launched in Grand Passage later this year for testing before relocation to the Fundy Ocean Research Centre for Energy (FORCE) in 2021. These platforms will make up the tidal energy array.  

The objective of the project is to provide up to nine megawatts of predictable and clean renewable electricity to Nova Scotia's electrical grid infrastructure. This will reduce greenhouse gas emissions by 17,000 tonnes of carbon dioxide a year while creating new jobs in the province. The project will also demonstrate the ability to harness tides as a reliable source of renewable electricity to power homes, vehicles and businesses.

Tidal energy — a clean, renewable energy source generated by ocean tides and currents, alongside evolving offshore wind regulations that support marine renewables — has the potential to significantly reduce Canada's greenhouse gas emissions and improve local air quality by displacing electricity generated from fossil fuels.

Minister O'Regan made the announcement at the Marine Renewables Canada 2020 Fall Forum, which brings together its members and industry to identify opportunities and strategize a path forward for marine renewable energy sources.

Funding for the project comes from Natural Resources Canada's Emerging Renewables Power Program, part of Canada's more than $180-billion Investing in Canada infrastructure plan for public transit projects, green infrastructure, social infrastructure, trade and transportation routes and Canada's rural and northern communities, as Prairie provinces' renewable growth accelerates nationwide.

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Live Online & In-person Group Training

Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

Request For Quotation

Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.