AEP civil suits draw closer to trial date

By Marietta Times


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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.

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Tesla CEO Elon Musk slams Texas energy agency as unreliable: "not earning that R"

ERCOT Texas Power Grid Crisis disrupts millions amid a winter storm, with rolling blackouts, power outages, and energy demand; Elon Musk criticizes ERCOT as Tesla owners use Camp Mode while wind turbines face icing

 

Key Points

A Texas blackout during a winter storm, exposing ERCOT failures, rolling blackouts, and urgent grid resilience measures.

✅ Millions without power amid record cold and energy demand

✅ Elon Musk criticizes ERCOT over grid reliability failures

✅ Tesla Camp Mode aids warmth during extended outages

 

Tesla CEO Elon Musk on Wednesday slammed the Texas agency responsible for a statewide blackout amid a U.S. grid with frequent outages that has left millions of people to fend for themselves in a freezing cold winter storm.

Musk tweeted that Texas’ power grid manager, the Electricity Reliability Council of Texas (ERCOT), is not earning the “R” in the acronym, highlighting broader grid vulnerabilities that critics have noted.

Musk moved to Texas from California in December and is building a new Tesla factory in Austin. His critique of the state’s electrical grid operator came after multiple Tesla owners in the state said they had slept in their vehicles to keep warm amid the lingering power outage.

In 2019, Tesla released a vehicle with a “Camp Mode,” which enables owners to use the vehicle’s features – like lights and climate control – without significantly depleting the battery.

“We had the power go out for 6 hours last night. Our house does not have gas, and we ran out of firewood... what are we going to do,” one Reddit user wrote on “r/TeslaMotors.”

“So my wife my dog and my newborn daughter slept in the garage in our Model3 all nice and cozy. If I didn't have this car, it would have been a very rough night.”

More than two dozen people have died in the extreme weather this week, some while struggling to find warmth inside their homes. In the Houston area, one family succumbed to carbon monoxide from car exhaust in their garage. Another perished as they used a fireplace to keep warm.

Utilities from Minnesota to Texas and Mississippi have implemented rolling blackouts to ease the burden on power grids straining to meet extreme demand for heat and electricity, as longer, more frequent outages hit systems nationwide.

More than 3 million customers remained without power in Texas, Louisiana and Mississippi, more than 200,000 more in four Appalachian states, and nearly that many in the Pacific Northwest, according to poweroutage.us, which tracks utility outage reports, and advocates warn that millions could face summer shut-offs without protections.

ERCOT said early Wednesday that electricity had been restored to 600,000 homes and businesses by Tuesday night, though nearly 3 million homes and businesses remained without power, as California turns to batteries to help balance demand. Officials did not know when power would be restored.

ERCOT President Bill Magness said he hoped many customers would see at least partial service restored soon but could not say definitively when that would be.

Magness has defended ERCOT’s decision, saying it prevented an “even more catastrophic than the terrible events we've seen this week."

Utility crews raced Wednesday to restore power to nearly 3.4 million customers around the U.S. who were still without electricity in the aftermath of a deadly winter storm, even as officials urge residents to prepare for summer blackouts that could tax systems further, and another blast of ice and snow threatened to sow more chaos.

The latest storm front was expected to bring more hardship to states that are unaccustomed to such frigid weather — parts of Texas, Arkansas and the Lower Mississippi Valley — before moving into the Northeast on Thursday.

"There's really no letup to some of the misery people are feeling across that area," said Bob Oravec, lead forecaster with the National Weather Service, referring to Texas.

Sweden, known for its brutally cold climate, has offered some advice to Texans unaccustomed to such freezing temperatures, as Canadian grids are increasingly exposed to harsh weather that strains reliability. Stefan Skarp of the Swedish power company told Bloomberg on Tuesday: “The problem with sub-zero temperatures and humid air is that ice will form on the wind turbines.”

“When ice freezes on to the wings, the aerodynamic changes for the worse so that wings catch less and less wind until they don't catch any wind at all,” he said.

 

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Alberta gives $40M to help workers transition from coal power jobs

Alberta Coal Transition Support offers EI top-ups, 75% wage replacement, retraining, tuition vouchers, and on-site advice for workers leaving thermal coal mines and coal-fired power plants during the provincial phase-out.

 

Key Points

Alberta Coal Transition Support is a $40M program providing EI top-ups, retraining, and tuition vouchers to coal workers.

✅ 75% EI top-up; province requests federal alignment

✅ Tuition vouchers and retraining for displaced workers

✅ On-site transition services; about 2,000 workers affected

 

Alberta is putting aside $40 million to help workers losing their jobs as the province transitions away from thermal coal mines and coal-fired power plants, a shift connected to the future of work in the electricity sector over the next decade.

Labour Minister Christina Gray says the money will top up benefits to 75 per cent of a worker’s previous earnings during the time they collect employment insurance, amid regional shifts such as how COVID-19 reshaped Saskatchewan in recent months.

Alberta is asking the federal government to not claw back existing benefits as the province tops up those EI benefits, as utilities face pressures like Manitoba Hydro cost-cutting during the pandemic, while also extending EI benefits for retiring coal workers.

Gray says even if the federal government does not step up, the province will provide the funds to match that 75 per cent threshold, a contrast to problems such as Kentucky miners' cold checks seen elsewhere.

There will also be help for workers in the form of tuition vouchers, retraining programs like the Nova Scotia energy training program that connects youth to the sector, and on-site transitioning advice.

The province estimates there are 2,000 workers affected.

 

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SDG&E Wants More Money From Customers Who Don’t Buy Much Electricity. A Lot More.

SDG&E Minimum Bill Proposal would impose a $38.40 fixed charge, discouraging rooftop solar, burdening low income households, and shifting grid costs during peak demand, as the CPUC weighs consumer impacts and affordability.

 

Key Points

Sets a $38.40 monthly minimum bill that raises low usage costs, deters rooftop solar, and burdens low income households.

✅ $38.40 fixed charge regardless of usage

✅ Disincentivizes rooftop solar investments

✅ Disproportionate impact on low income customers

 

The utility San Diego Gas & Energy has an aggressive proposal pending before the California Public Utilities Commission, amid recent commission changes in San Diego that highlight how regulatory decisions affect local customers: It wants to charge most residential customers a minimum bill of $38.40 each month, regardless of how much energy they use. The costs of this policy would hit low-income customers and those who generate their own energy with rooftop solar. We’re urging the Commission to oppose this flawed plan—and we need your help.

SDG&E’s proposal is bad news for sustainable energy. About half of the customers whose bills would go up under this proposal have rooftop solar. The policy would deter other customers from investing in rooftop solar by making these investments less economical. Ultimately, lost opportunities for solar would mean burning more gas in polluting power plants. 

The proposal is also bad news for people who already have to scrimp on energy costs. Most customers with big homes and billowing air conditioners won't notice if this policy goes into effect, because they use at least $38 worth of electricity a month anyway. But for households that don’t buy much electricity from the company, including those in small apartments without air conditioning, this proposal would raise the bills. Even for customers on special low-income rates, amid electric bill changes statewide, SDG&E wants a minimum bill of $19.20.

Penalizing customers who don’t use much electricity would disproportionately hurt lower-income customers, raising energy equity concerns across the region, who tend to use less energy than their wealthier neighbors. In the region SDG&E serves, the average family in an apartment uses half as much electricity as a single-family residence. Statewide, low-income households are more than four times as likely to be low-usage electricity customers than high-income households. When it gets hot, residential electricity patterns are often driven by air conditioning. The vast majority of SDG&E's customers live in the coastal climate zone, where access to air conditioning is strongly linked to income: Households with incomes over $150,000 are more than twice as likely to have air conditioning than families making less than $35,000, with significant racial disparities in who has AC.

In its attempt to rationalize its request, SDG&E argues that it should charge everyone for infrastructure costs that do not depend on how much energy they use. But the cost of the grid is driven by how much energy SDG&E delivers on hot summer afternoons, when some customers blast their AC and demand for electricity peaks. If more customers relied on their own solar power or conserved energy, the utility would spend less on its grid and help rein in soaring electricity prices over time.

In the long term, reducing incentives to go solar and conserve energy will strain the grid and drive up costs for everyone, especially as lawmakers may overturn income-based charges and reshape rate design. SDG&E's arguments are part of a standard utility playbook for trying to hike income-based fixed charges, and consumer advocates have repeatedly shut them down.  As far as we know, no regulators in the country have allowed a utility to charge customers over $38 for the “privilege” of accessing electric service. 

 

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B.C. government freezes provincial electricity rates

BC Hydro Rate Freeze delivers immediate relief on electricity rates in British Columbia, reversing a planned 3% hike, as BCUC oversight, a utility review, and Site C project debates shape provincial energy policy.

 

Key Points

A one-year provincial policy halting BC Hydro electricity rate hikes while a utility review finds cost savings.

✅ Freeze replaces planned 3% hike approved by BCUC.

✅ Government to conduct comprehensive BC Hydro review.

✅ Critics warn $150M revenue loss impacts capital projects.

 

British Columbia's NDP government has announced it will freeze BC Hydro rates effective immediately, fulfilling a key election promise.

Energy, Mines and Petroleum Resources Minister Michelle Mungall says hydro rates have gone up by more than 24 per cent in the last four years and by more than 70 per cent since 2001, reflecting proposals such as a 3.75% increase over two years announced previously.

"After years of escalating electricity costs, British Columbians deserve a break on their bills," Mungall said in a news release.

BC Hydro had been approved by the B.C. Utilities Commission to increase the rate by three per cent next year, but Mungall said it will pull back its request in order to comply with the freeze.

In the meantime, the government says it will undertake a comprehensive review of the utility meant to identify cost-savings measures for customers often asked to pay an extra $2 a month on electricity bills.

The Liberal critic, Tracy Redies, says the one year rate freeze is going to cost BC Hydro, calling it a distraction from the bigger issue of the future of the Site C project and the oversight of a BC Hydro fund surplus as well.

"A one year rate freeze costs Hydro $150 million," Redies said. "That means there's $150 million less to invest in capital projects and other investments that the utility needs to make."

"This is putting off decisions that should be made today to the future."

Recommendations from the review — including possible new rates — will be implemented starting in April 2019.

 

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US judge orders PG&E to use dividends to pay for efforts to reduce wildfire risks

PG&E dividend halt for wildfire mitigation directs cash from shareholders to tree clearing, wildfire risk reduction, and probation compliance under Judge William Alsup, amid bankruptcy, Camp Fire liabilities, and power line vegetation management mandates.

 

Key Points

A court-ordered dividend halt funding vegetation clearance and wildfire mitigation as PG&E meets probation terms.

✅ Judge Alsup bars dividends until mitigation targets met

✅ 375,000 trees cleared near power lines in high-risk zones

✅ Measures tied to probation amid bankruptcy and liabilities

 

A U.S. judge said on Tuesday that PG&E may not resume paying dividends and must use the money to fund its plan for cutting down trees to reduce the risk of wildfires in California, stopping short of more costly measures he proposed earlier this year.

The new criminal probation terms for PG&E are modest compared with ones the judge had in mind in January and that PG&E said could have cost upwards of $150 billion.

The terms will, however, keep PG&E under the supervision of Judge William Alsup of the U.S. District Court for the Northern District of California and hold the company, which also is in Chapter 11 bankruptcy and whose bankruptcy plan has drawn support from wildfire victims, to its target for clearing areas around its power lines of some 375,000 trees this year.

PG&E's probation stems from its felony conviction after a deadly 2010 natural gas pipeline blast in San Bruno, California, near San Francisco, that killed eight people and injured 58 others.

PG&E filed for bankruptcy protection on Jan. 29 in anticipation of liabilities from wildfires, including a catastrophic 2018 blaze, the Camp Fire, for which PG&E later pleaded guilty to 85 counts in state court. It killed 86 people in the deadliest and most destructive wildfire in California history.

At a January hearing, Alsup, who is overseeing PG&E's probation, said he felt compelled to propose additional probation terms in the aftermath of Camp Fire. San Francisco-based PG&E expects its equipment will be found to have caused the blaze.

The probation process is separate from San Francisco-based PG&E's bankruptcy filing and from operational measures such as its pandemic response and shutoff moratorium implemented to protect customers.

As the company faces $30 billion in wildfire liabilities and bankruptcy proceedings and has opened a wildfire assistance program for affected residents, the energy company is expected to name as its new chief executive Bill Johnson, a source said on Tuesday. Johnson has been the CEO of the Tennessee Valley Authority since 2013 and is retiring on Friday.

Additional probation terms imposed by Alsup on Tuesday will require PG&E to meet goals in a wildfire mitigation plan it unveiled in February.

The goals include removing 375,000 dead, dying or hazardous trees from areas at high risk of wildfires in 2019, compared with 160,000 last year.

The judge said PG&E will not be able to pay shareholders until it complies with his new probation terms.

Shares fell 2% on Tuesday to close at $17.66 on the New York Stock Exchange and are down 63% since November 2018 due to concerns about the company's bankruptcy and wildfire liabilities, though the utility has said rates are set to stabilize in 2025 as part of its long-term plan. The shares traded as low as $5.07 in January.

PG&E in December 2017 suspended its quarterly cash dividend, while continuing to pay significant property taxes to California counties, citing uncertainty about liabilities from wildfires in October of that year that struck Northern California.

PG&E paid $798 million in dividends in 2017 and $925 million in 2016, a period in which the company did a poor job of clearing areas around its power lines of hazardous trees, according to Alsup.

Money meant for shareholders should have been spent on efforts to reduce wildfire risks in recent years, Alsup said at Tuesday's hearing.

"PG&E has started way more than its share of these fires," Alsup said.

"I want to see the people of California safe," the judge added.

Lawyers for PG&E did not contest the new terms, which the company considers more feasible than terms Alsup proposed in January.

To comply with the terms Alsup proposed in January, PG&E said it would have to remove 100 million trees. The company added that shutting power lines during high winds as Alsup proposed would not be feasible because the lines traverse rural areas to service cities and suburbs.

Idling lines could also affect the power grid in other states, PG&E said.

Alsup on Tuesday said he was still considering his proposal to require PG&E to shut down power lines during windy weather to prevent tree branches from making contact and sparking wildfires linked to power lines in the region.

 

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Cheap oil contagion is clear and present danger to Canada

Canada Oil Recession Outlook analyzes the Russia-Saudi price war, OPEC discord, COVID-19 demand shock, WTI and WCS collapse, Alberta oilsands exposure, U.S. shale stress, and GDP risks from blockades and fiscal responses.

 

Key Points

An outlook on how the oil price war and COVID-19 demand shock could tip Canada into recession and strain producers.

✅ WTI and WCS prices plunge on OPEC-Russia discord

✅ Alberta oilsands face break-even pressure near 30 USD WTI

✅ RBC flags global recession; GDP hit from blockades, virus

 

A war between Russia and Saudi Arabia for market share for oil may have been triggered by the COVID-19 pandemic in China, but the oil price crash contagion that it will spread could have impacts that last longer than the virus.

The prospects for Canada are not good.

Plunging oil prices, reduced economic activity from virus containment, and the fallout from weeks of railway blockades over the Coastal GasLink pipeline all add up to “a one-two-three punch that I think is almost inevitably going to put Canada in a position where its growth has to be negative,” said Dan McTeague, a former Liberal MP and current president of Canadians for Affordable Energy. The situation “certainly has the makings” of a recession, said Ken Peacock, chief economist for the Business Council of British Columbia.

“At a minimum, it’s going to be very disruptive and we’re going to have maybe one negative quarter,” Peacock said. “Whether there’s a second one, where it gets labeled a recession, is a different question. But it’s going to generate some turmoil and challenges over the next two quarters – there’s no doubt about that.”

RBC Economics on March 13 announced it now predicts a global recession and cut its growth projections for Canada's economy in 2020 by half a per cent.

Oil price futures plunged 30% last week, dragging stock markets and currencies, including the Canadian dollar, down with them, even as a deep freeze strained U.S. energy systems. That drop came on top of a 17% decline in February, due to falling demand for oil due to the virus.

The latest price plunge – the worst since the 1991 Gulf War – was the result of Russia and the Organization of Petroleum Exporting Countries (OPEC), led by Saudi Arabia, failing to agree on oil production cuts.

The COVID-19 outbreak in China – the world’s second-largest oil consumer – had resulted in a dramatic drop in oil demand in that country, and a sudden glut of oil, with the U.S. energy crisis affecting electricity, gas and EV markets.

OPEC has historically been able to moderate global oil prices by controlling output. But when Russia refused to co-operate with OPEC and agree to production cuts, Saudi Arabia’s state-owned company, Aramco, announced it plans to boost its oil output from 9.7 million barrels per day (bpd) to 12.3 million bpd in April.

In response to that announcement, West Texas Intermediate (WTI) prices dropped 18% to below US$34 per barrel while the Canadian Crude Index fell 24% to US$21. Western Canadian Select dropped 39% to US$15.73.

The effect on Alberta oilsands producers was severe and immediate. Cenovus Energy Inc. (TSX:CVE) saw roughly $2 billion in market cap erased on March 9, when its stock dropped by 52%, which came on top of a 12% drop March 6.

The company responded the very next day by announcing it would cut spending by 32% in 2020, suspend its oil-by-rail program and defer expansion projects.

MEG Energy Corp. (TSX:MEG), which suffered a 56% share price drop on March 9, also announced a 20% reduction in its 2020 capital spending plan.

Peter Tertzakian, chief economist for ARC Energy Research Institute, wrote last week that Russia’s plan is to try to hurt U.S. shale oil producers, who have more than doubled U.S. oil production over the past decade.

Anas Alhajji, a global oil analyst, expects that plan could work. Even before the oil price shock, he had predicted the great shale boom in the U.S. was coming to an end.

“Shale production will decline, and the myth of ‘explosive growth’ will end,” he told Business in Vancouver. “The impact is global and Canadian producers might suffer even more if the oil that Saudi Arabia sends to the U.S. is medium and heavy. This might last longer than what people think.”

The question for Alberta is how Canadian producers can continue to operate through a period of cheap oil. Alberta producers do not compete on the global market. They serve a niche market of U.S. heavy oil refiners, and Biden-era policy is seen as potentially more favourable for Canada’s energy sector than alternatives.

“On the positive side, the industry is battle-hardened,” Tertzakian wrote. “Over the past five years, innovative companies have already learned to endure some of the lowest prices in the world.”

But he added that they need WTI prices of US$30 per barrel just to break even.

“But that’s an average break-even threshold for an industry with a wide variation in costs. That means at that level about half the companies can’t pay their bills and half are treading water.”

Just prior to the oil price plunge, the International Energy Agency (IEA) updated its 2020 forecast for global oil consumption from an 825,000 bpd increase in oil consumption to a 90,000 bpd decrease, due to the COVID-19 virus and consequent economic contraction and reduction in travel.

The IEA predicts global oil demand won’t return to “normal” until the second half of 2020. But even if demand does return to pre-virus levels, that doesn’t mean oil prices will – not if Saudi Arabia can sustain increased oil production at low prices, and evolving clean grid priorities could influence the trajectory too.

The oil plunge was greeted in Alberta with alarm. Alberta Premier Jason Kenney warned Alberta is in “uncharted territory” as consumers are urged to lock in rates and said his government might have to review its balanced budget and resort to emergency deficit spending.

While British Columbians – who pay some of the highest gasoline prices in North America – will enjoy lower gasoline prices at a time when prices are usually starting a seasonal spike, B.C.’s economy could feel knock-on effects from a recession in Alberta.

“We sell a lot of inputs, do a lot of trade with Alberta, so it’s important for B.C., Alberta’s economic health,” Peacock said, “and recent tensions over electricity purchase talks underscore that.”

Last week, the Trudeau government announced $1 billion in emergency funding to cope with the virus and waived a one-week waiting period for unemployment insurance.

 

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