Bimbo Canada signs agreements to offset 100 per cent of its electricity consumption for Canadian operations


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Bimbo Canada VPPAs secure renewable electricity from RES wind and solar projects in Alberta, totaling 170MW, via 15-year contracts to offset consumption, advance RE100 goals, and drive decarbonization across bakeries, depots, and distribution centers.

 

Key Points

Virtual power purchase agreements sourcing wind and solar to offset Bimbo Canadas electricity and support RE100.

✅ 15-year RES contracts for Alberta wind and solar capacity

✅ Offsets electricity for bakeries, depots, and distribution centers

✅ Advances Grupo Bimbo RE100 target for 100% renewable power

 

Canada's oldest and largest bakery, Bimbo Canada, has signed two virtual power purchase agreements (VPPAs) with Renewable Energy Systems  (RES) to procure renewable electricity, similar to federal green electricity contracts advancing in Alberta, that will offset 100 per cent of the company's electricity consumption in Canada. The projects are expected to be fully operational by December, 2022.

Canada is the second market, alongside the United States, to enter into VPPAs, where companies like Amazon clean energy projects are expanding rapidly. These agreements, together with additional sustainability initiatives conducted around the world by the parent company Grupo Bimbo, will help the company offset 90 per cent of its global electricity consumption.

"Bimbo Canada is committed to nourishing a better world through productive sustainability practices," said Joe McCarthy, president of Bimbo Canada. "These agreements are the next big step in reducing our environmental footprint, as peers such as Arvato's first solar plant signal industry momentum, and becoming leaders in responsible stewardship of the environment."

The 15-year agreements with RES will support the commercial development of two renewable energy projects in southern Alberta, consisting of wind and solar projects, similar to RBC's solar PPA announced in the region, totaling 170MW of installed capacity. Under these two agreements, Bimbo Canada will procure the benefit of approximately 50MW of renewable electricity to offset electricity consumption for its 16 bakeries, 14 distribution centres and 191 depots. Commercial development for the wind and solar farms will be finalized later this year by RES Canada and the projects are expected to be fully operational by the end of next year.  

"RES is proud that its Alberta wind and solar projects, amid growth such as a $200M Alberta wind farm led by a Buffett-linked firm, are helping Bimbo Canada meet its sustainability initiatives," said Peter Clibbon, RES Senior VP of Development. "It's a win-win situation with our projects delivering competitive wind and solar electricity to Bimbo Canada, and while providing our host communities with long-term tax and landowner income."

In 2018, Grupo Bimbo joined RE100, a global initiative led by The Climate Group and in partnership with Carbon Disclosure Project (CDP) and committed to operating with 100 per cent renewable electricity by 2025. As a leading supplier of fresh-baked goods and snacks for Canadian families, these agreements support the company's targets and builds upon many successful past sustainability initiatives, as market activity by Canadian Solar project sales continues nationwide.

"The renewable electricity initiatives in our operations respond to Grupo Bimbo's deep commitment that we have had for many decades globally with the planet and with present and future generations," said Daniel Servitje, global CEO of Grupo Bimbo. "With this announcement, we have achieved another important milestone for the company on our journey towards becoming 100 per cent renewable electricity by 2025."

Last year, Bimbo Canada reduced product waste and exceeded its product waste reduction target by 18 per cent, which saved four million units of products from landfills. The company also eliminated 174 metric tonnes of plastic per year (equal to 43 adult elephants) through several packaging optimization initiatives.

Earlier this year, Bimbo Canada signed the Canada Plastics Pact (CPP) and, amid a broader push for clean energy exemplified by Edmonton rooftop solar installations, earned its first ENERGY STAR certification for its Hamilton, Ontario bakery. The company will continue to work towards other initiatives that fulfill its commitment to be a sustainable, highly productive and deeply humane company.

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Biden seen better for Canada’s energy sector

Biden Impact on Canadian Energy Exports highlights shifts in trade policy, tariffs, carbon pricing, and Keystone XL, with implications for aluminum, softwood lumber, electricity trade, fracking limits, and small modular nuclear reactors.

 

Key Points

How Biden-era trade, climate rules, and tariffs may reshape Canadian energy and exports.

✅ Reduced tariff volatility and friendlier trade policy toward allies

✅ Climate alignment: carbon pricing, clean power, cross-border electricity

✅ Potential gains for oil, gas, aluminum, and softwood lumber exporters

 

There is little doubt among industry associations, the Conference Board of Canada and C.D. Howe Institute that a Joe Biden White House will be better for Canadian resource and energy exporters – even Alberta’s beleaguered oil industry, despite Biden’s promise to kill the Keystone XL pipeline.

The consensus among industry observers in the lead-up to the November 3 U.S. presidential election was that a re-elected Donald Trump would become even more pugnacious on trade and protectionism, putting electricity exports at risk for Canadian utilities, which would be bad for Canadian exporters. The Justin Trudeau government would likely come under increased pressure to lower Canadian business taxes to compete with Trump’s low-tax climate.

“A Joe Biden victory would likely lead to higher taxes for both corporations and wealthy Americans to help pay down the gigantic fiscal deficit that is currently running at plus-US$5 trillion,” the conference board concluded in a recent analysis.

On trade and tariffs, the conference board said: “Many but not all of these ongoing trade disputes would wither away under a Joe Biden administration. He would likely run a broad trade policy favouring strategic allies like Canada.

While Canadian industries like forestry and aluminum smelting benefited from strong demand and prices in the U.S. under Trump, the forced renegotiation of the North American Free Trade Agreement failed end tariffs and duties on things like softwood lumber and aluminum ingots, even as Canadians backed tariffs on energy and minerals during the dispute.

The uncertainty over trade issues, and Trump’s tax cuts, which made Canada’s tax regime less competitive, have contributed to a period of low business investment in Canada during Trump's presidency.

“For Canada, we’ve seen a period, since this administration has been in power, where investment has eroded steadily,” conference board chief economist Pedro Antunes said. “We are not doing well at all, in terms of private capital investment in Canada.”

Alberta’s oil industry has been hit particularly hard, with a slew of divestments by big energy giants, and cancellations of major projects, like the $20 billion Frontier oilsands project, scrubbed by Teck Resources.

While domestic policies and global market forces are partly to blame for falling investments in Canada’s oil and gas sector, up until the pandemic hit, investment in oil and gas increased significantly in the U.S., while declining in Canada, during Trump’s first term.

Biden is also expected to level the playing field with respect to climate change policies. Canadian industries pay carbon taxes and face regulations that their counterparts in the U.S. don’t. That has disadvantaged energy-intensive, trade-exposed industries like mines and pulp mills in Canada.

“With Biden in office, Canada will once again have a partner at the federal level in the states in the transition to a decarbonized economy,” said Josha MacNab, national policy director for the Pembina Institute.

Biden’s policies might also favour importing aluminum, cross-laminated timber, fuel cells and other lower-carbon products and commodities from Canada.

At least one observer believes that Canada’s oil and gas sector might benefit more from a Biden White House, despite Biden’s pledge to kill the Keystone XL pipeline.

“I think Joe Biden could be very good for Alberta,” Christopher Sands, director of the Wilson International Center’s Canada Institute, said in a recent discussion hosted by the C.D. Howe Institute.

Sands added that the presidential permit Biden has promised to tear up on the Keystone XL pipeline project is a construction permit, not an operating permit.

“The segment of that pipeline that crosses the U.S.-Canada border, which is the only place that the presidential permit applies, has been built,” Sands said. “So I think that’s somewhat of an empty threat.”

He added that, if Biden bans fracking on federal lands, as he has promised, and implements other restrictions that make it more costly for American oil and gas producers, it might increase the demand for Canadian oil and gas in the U.S. The demand would be highest in the U.S. Midwest, which depends largely on Marcellus Shale production, notably in Pennsylvania, and Western Canada for its oil and gas.

One of the Canadian industries directly affected by the Trump administration was aluminum smelting, which is relevant for B.C. because Rio Tinto plc’s Kitimat smelter exports aluminum to the U.S.

Jean Simard, president of the Aluminum Association of Canada, said one of Trump’s legacies was the reactivation of a little-used mechanism – Section 232 of the Trade Expansion Act – to hit Canada and other countries, notably China, with import tariffs.

The 10 per cent tariffs on aluminum cost Canadian aluminum producers US$15 million in the month of August alone, Simard said.

The Trump administration eventually exempted Canadian aluminum exports from the tariffs, then reintroduced them, and then, one week before the election, exempted them again.

These on-again, off-again tariff threats create tremendous uncertainty, not just for Canadian producers, but also for U.S. buyers. That kind of uncertainty is likely to ease under a Biden presidency.

Simard said Biden’s track record suggests he is well-disposed towards Canada and less confrontational with allies and trade partners in general, and some in Washington have called for a stronger U.S.-Canada energy partnership as well.

Meanwhile, softwood lumber tariffs have been imposed by Democrats and Republicans alike. But there are compelling reasons for ending the Canada-U.S. softwood lumber war.

Home renovation and repair in the United States has done surprisingly well during the pandemic.

As a result of sawmill curtailments in the U.S. due to pandemic restrictions and high demand for lumber in the U.S. housing sector, North American lumbers prices broke records this summer, soaring as high as US$900 per thousand board feet.

“It shows that there’s very strong demand for our product,” said Susan Yurkovich, president of the Council of Forest Industries.

Ultimately, the duties Canadian lumber exporters pay are passed on to U.S. consumers.

Sands said Biden’s climate action pledges, including a clean electricity standard, could increase opportunities for trading electricity between Canada in the U.S., as the U.S. increasingly looks to Canada for green power, and could also be good for Canadian nuclear power technology.

Strong climate change policies necessarily result in an increased demand for low-carbon electricity, and advancing clean grids, which Canada has in abundance, thanks to both hydro and nuclear power.

“[Biden] does share the desire to act on climate change, but unlike some of his fellow party members who are more signed on to a Green New Deal, he’s open to pragmatic solutions that might get the job done quickly and efficiently,” Sands said.

“This is a huge opportunity for small, modular nuclear reactors, and Atomic Energy Canada has some great designs. There’s a real opportunity for a nuclear revival.” 

 

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Asset Management Firm to Finance Clean Coal Technologies Inc.

Clean Coal Technologies Pristine Funding secures investment from a New York asset manager via Black Diamond, advancing commercialization, Tulsa testing, Wyoming relocation, PRB coal enhancement, and cleaner energy innovation to support global coal exports.

 

Key Points

Capital from a New York asset manager backs Pristine commercialization, testing, and Wyoming relocation to boost PRB coal.

✅ Investment via Black Diamond funds Tulsa test operations.

✅ Permanent relocation planned near a Wyoming mine site.

✅ First Pristine M module to enhance PRB coal quality.

 

Clean Coal Technologies, Inc., an emerging cleaner-energy company utilizing patented and proven technology to convert untreated coal into a cleaner burning and more efficient fuel, announced today that the company has secured funding for their Pristine technology through commercialization, a move reminiscent of Bruce C project funding activity, from a major New York-based Asset Management company. This investment will be made through Black Diamond with all funds earmarked for test procedures at the plant near Tulsa, OK, at a time when rare new coal plants are appearing, and the plant's move to a permanent location in Wyoming. The first tranche is being paid immediately.

"Securing this investment will confidently carry us through to the construction of our first commercial module enabling management to focus on the additional tests that have been requested from multiple parties, even as US coal demand faces headwinds across the market," stated CEO of Clean Coal Technologies, Inc., Robin Eves. "At this time we have begun scheduling plant visits with both US government agency and coal industry officials along with key international energy consortiums that are monitoring transitions such as Alberta's coal phaseout policies."

"We're now able to finalize our negotiations in Wyoming where the permitting process has begun and where we will permanently relocate the test facility later this year following completion of the aforementioned tests," added CCTI COO/CFO, Aiden Neary. "This event also paves the way forward to commence the process of constructing the first commercial Pristine M facility. That plant is planned to be in Wyoming near an operating mine where our process can be used to enhance the quality of PRB coal to make it more competitive globally, even as regions like western Europe see coal-to-renewables conversions at legacy plants, and help restore the US coal export market."

 

 

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Clean Energy Accounts for 50% of Germany's Electricity

Germany Renewable Energy Milestone marks renewables supplying 53% of power, with record onshore wind and peak solar; hydrogen-ready gas plants and grid upgrades are planned to balance variability amid Germany's coal phase-out.

 

Key Points

It marks renewables supplying 53% of Germany's power, driven by wind and solar records in the energy transition.

✅ 53% of generation and 52% of consumption in 2024

✅ Onshore wind hit record; June solar peaked

✅ 24 GW hydrogen-ready gas plants planned for grid balancing

 

For the first time, renewable energy sources have surpassed half of Germany's electricity production this year, as indicated by data from sustainable energy organizations.

Preliminary figures from the Center for Solar Energy and Hydrogen Research alongside the German Association of Energy and Water Industries (BDEW) show that the contribution of green energy has risen to 53%, echoing how renewable power surpassed fossil fuels in Europe recently, a significant increase from 44% in the previous year.

The year saw a record output from onshore wind energy, as investments in European wind power climbed, and an unprecedented peak in solar energy production in June, as reported by the organizations. Additionally, renewable sources constituted 52% of Germany's total power consumption, marking an increase of approximately five percentage points.

Germany, Europe's leading economy, heavily impacted by Russia's reduced natural gas supplies last year, as Europeans push back from Russian oil and gas across the region, has been leaning on renewable sources to bridge the energy gap. This shift comes even as the country temporarily ramped up coal usage last winter. Having phased out its nuclear power plants earlier this year, Germany aims for an 80% clean energy production by 2030.

In absolute numbers, Germany produced a record level of renewable energy this year, supported by a solar power boost during the energy crisis, approximately 267 billion kilowatt-hours, according to the associations. A decrease of 11% in overall energy production facilitated a reduced reliance on fossil fuels.

However, Europe's transition to more sustainable energy sources, particularly offshore wind, has encountered hurdles such as increased financing and component costs, even as neighbors like Ireland pursue an ambitious green electricity goal within four years. Germany continues to face challenges in expanding its renewable energy capacity, as noted by BDEW’s executive board chairwoman, Kerstin Andreae.

Andreae emphasizes that while energy companies are eager to invest in the transition, they often encounter delays due to protracted approval processes, bureaucratic complexities, and scarcity of land despite legislative improvements.

German government officials are close to finalizing a strategy this week for constructing multiple new gas-fired power plants, despite findings that solar plus battery storage can be cheaper than conventional power in Germany, a plan estimated to cost around 40 billion euros ($44 billion). This initiative is a critical part of Germany's strategy to mitigate potential power shortages that might result from the discontinuation of coal power, particularly given the variability in renewable energy sources.

A crucial meeting involving representatives from the Economy and Finance Ministries, along with the Chancellor's Office, is expected to occur late Tuesday. The purpose is to finalize this agreement, according to sources who requested anonymity due to restrictions on public disclosure.

The Economy Ministry, spearheading this project, confirmed that intensive discussions are ongoing, although no further details were disclosed.

Germany's plan involves utilizing approximately 24 gigawatts (GW) of energy from hydrogen, including emerging offshore green hydrogen options, and gas-fired power plants to compensate for the fluctuations in wind and solar power generation. However, the proposal has faced challenges, particularly regarding the allocation of public funds for these projects, with disagreements arising with the European Union's executive in Brussels.

Environmental groups have also expressed criticism of the strategy. They advocate for an expedited end to fossil fuel usage and remain skeptical about the energy sector's arguments favoring natural gas as a transitional fuel. Despite natural gas emitting less carbon dioxide than coal, environmentalists question its role in Germany's energy future.

 

 

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More Electricity From Wind & Solar Than Nuclear For 1st Time In USA

U.S. Renewable Energy Share 2022 leads electricity generation trends, as wind and solar outpace nuclear and coal, per EIA data, with hydropower gains and grid growth highlighting rapid, sustainable capacity expansion nationwide.

 

Key Points

Renewables supplied over 25% of U.S. electricity in 2022, as wind and solar outpaced nuclear with double-digit growth.

✅ Renewables provided 25.52% of U.S. power Jan-Apr 2022.

✅ Wind and solar beat nuclear by 17.96% in April.

✅ Solar up 28.93%, wind up 24.25%; hydropower up 9.99%.

 

During the first four months of 2022, electrical generation by renewable energy sources accounted for over 25% of the nation’s electricity, projected to soon be about one-fourth as growth continues. In April alone, renewables hit a record April share of 29.3% — an all-time high.

And for the first time ever, the combination of just wind power and solar produce more electricity in April than the nation’s nuclear power plants — 17.96% more.

This is according to a SUN DAY Campaign analysis of data in EIA’s Electric Power Monthly report. The report also reveals that during the first third of this year, solar (including residential) generation climbed by 28.93%, while wind increased by 24.25%. Combined, solar and wind grew by 25.46% and accounted for more than one-sixth (16.67%) of U.S. electrical generation (wind: 12.24%, solar: 4.43%).

Hydropower also increased by 9.99% during the first four months of 2022. However, wind alone provided 70.89% more electricity than did hydropower. Together with contributions from geothermal and biomass, the mix of renewable energy sources expanded by 18.49%, and building on its second-most U.S. source in 2020 status helped underscore momentum as it provided about 25.5% of U.S. electricity during the first four months of 2022.

For the first third of the year, renewables surpassed coal and nuclear power by 26.13% and 37.80% respectively. In fact, electrical generation by coal declined by 3.94% compared to the same period in 2021 while nuclear dropped by 1.80%.

“Notwithstanding headwinds such as the COVID pandemic, grid access problems, and disruptions in global supply chains, solar and wind remain on a roll,” noted the SUN DAY Campaign’s executive director Ken Bossong. “Moreover, by surpassing nuclear power by ever greater margins, they illustrate the foolishness of trying to revive the soon-to-retire Diablo Canyon nuclear plant in California and the just-retired Palisades reactor in Michigan rather than focusing on accelerating renewables’ growth.”

 

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NanoFlocell Wants To Sell Flow Battery Cars In The US

nanoFlowcell Bi-ION Flow Battery delivers renewable-energy storage for EVs and grids, using seawater-derived electrolyte, membrane stacks, fast refueling, low-cost materials, scalable tanks, and four-motor performance with long range and lightweight energy density.

 

Key Points

A flow cell using Bi-ION to power EVs and grids with fast refueling and scalable, low-cost storage.

✅ Seawater-derived Bi-ION electrolyte; safe, nonflammable, low cost

✅ Fast refueling via dual tanks; membrane stack generates power

✅ EV range up to 1200 miles; scalable for grid-scale storage

 

nanoFlowcell is a European company headquartered in London that focuses on flow battery technology. Flow batteries are an intriguing concept. Unlike lithium batteries or fuel cells, they store electricity in two liquid chambers separated by a membrane. They hold enormous potential for low cost, environmentally friendly energy storage because the basic materials are cheap and abundant. To add capacity, simply make the tanks larger.

While that makes flow batteries ideal for energy storage — whether in the basement of a building or as part of a grid scale installation that utilities weigh against options like hydrogen for power companies today in practice — their size and weight make them a challenge for use in vehicles. That hasn’t stopped nanoFlowcell from designing a number of concept and prototype vehicles over the past 10 years and introducing them to the public at the Geneva auto show. Its latest concept is a tasty little crumpet known as the Quantino 25.


The Flow Battery & Bi-ION Fluid
The thing that makes the nanoFlowcell ecosystem work is an electrically charged fluid called Bi- ION derived from seawater or reclaimed waste water. It works sort of like hydrogen in a fuel cell, a frequent rival in debates over the future of vehicles today for many buyers. Pump hydrogen in, run it through a fuel cell, and get electricity out. With the Quantino 25, which the company calls a “2+2 sports car,” you pump two liquids to the membrane interface to make electricity.

There are two 33-gallon tanks mounted low in the chassis much the way a lithium-ion battery pack fits into a normal electric car. Fill up with Bi-ION, and you have a car that will dash to 100 km/h in 2.5 seconds, thanks to its 4 electric motors with 80 horsepower each. And get this. According to Autoblog, the company says with full tanks, the Quantino 25 has a range of 1200 miles! Goodbye range anxiety, hello happy motoring.


We should point out that water weighs about 8 pounds per gallon, so the “fuel” to travel 1200 miles would weigh roughly 528 pounds. A conventional lithium-ion battery pack with its attendant cooling apparatus that could travel that far would weigh at least 3 times as much, even as EV battery recycling advances aim for a circular economy today. Granted, the Quantino 25 is not a production car and very few people have ever driven one, but that kind of range vs weight ratio has got to get your whiskers twitching a little in anticipation.

Actually, the folks at Autocar did drive an early prototype in 2016 at the TCS test track near Zurich, Switzerland, and determined that it was a real driveable car. My colleague Jennifer Sensiba reported in April of 2019 that the company’s Quantino test vehicle passed the 350,000 km mark (220,000 miles) with no signs of damage to the membrane or the pumps, and didn’t seem to have suffered any wear at all. The vehicle’s engineers pointed out that it had driven for 10,000 hours at this point. The company says it wants to offer its flow battery technology to EV manufacturers and give the system a 50,000-hour guarantee. That translates to well over 1 million miles of driving.

The problem, of course, is that there is no Bi-ION refueling infrastructure just yet, but that doesn’t mean someday there couldn’t be. Tesla had no Supercharger network when it first started either and things turned out reasonably well for Musk and company.


nanoFlowcell USA Announced
nanoFlowcell announced this week that it has established a new division based in New York to bring its flow battery technology to America. The mission of the new division is to adapt the nanoFlowcell process to US-specific applications and develop nanoFlowcell applications in America. Priority one is beginning series production of flow battery vehicles as well as the constructing a large scale bi-ION production facility that will provide transportable renewable energy and could complement vehicle-to-grid power models for communities for nanoFlowcell applications.

The Bi-ION electrolyte is a high density energy carrier that makes renewable energies storable and transportable in large quantities. The company says it will produce the energy carrier bi-ION from 100 percent renewable energy. Flow cell energy technology is an important solution to substantially reduce global greenhouse gas emissions as laid out in the Paris Agreement, the company says. Its many benefits include being a safe and clean energy source for many energy intensive processes and transportation services.


“Our nanoFlowcell flow cell and bi-ION energy carrier are key technologies for a successful energy transition,” says Nunzio La Vecchia, CEO of nanoFlowcell Holdings. “We need to make energy from renewable energy safe, storable and transportable to drive environmentally sustainable economic growth. This requires a well thought out strategy and the development of the appropriate infrastructure. With the establishment of nanoFlowcell USA, we are reaching an important milestone in this regard for our future corporate development.”


Focus On Renewable Energy
The production costs of Bi-ION are directly linked to the cost of electricity from renewable sources. With the accelerated expansion of renewable energy under the Inflation Reduction Act along with EV grid flexibility efforts across markets, nanoFlowcell expects the cost of electricity from solar power to be relatively low in the future which will further strengthen the competitiveness of energy sources such as Bi-ION.

“With the Inflation Reduction Act, the U.S. has made the largest investment in clean energy in U.S. history, and the potential implications for renewable energy are far-reaching.” But La Vecchia points out, “We will not seek government investments for nanoFlowcell USA to expand our manufacturing facilities and infrastructure in the United States. Where appropriate, we will enter into strategic partnerships to build and expand manufacturing and infrastructure, and to integrate nanoFlowcell technologies into all sectors of the economy.”

“More importantly, with nanoFlowcell USA, we want to help accelerate the decarbonization of the global economy and create economic, social and ecological prosperity. After all, estimates suggest that the clean energy sector will create 500,000 additional jobs. We want to do our part to make this happen.”


‍The Takeaway
nanoFlowcell is about more than electric cars. It wants to get involved in grid-scale energy storage, and moves like Mercedes-Benz energy storage venture signal momentum in the sector today. But to those of us soaking in the hot tub warmed by excess heat from a nearby data center here at CleanTechnica global headquarters, it seems that its contribution to emissions-free transportation could be enormous. Maybe some of those companies still chasing the hydrogen fuel cell dream, as a recent hydrogen fuel cell report notes Europe trailing Asia today, might find the company’s flow battery technology cheaper and more durable without all the headaches that go with making, storing, and transporting hydrogen.

A Bi-ION refueling station would probably cost less than a tenth as much as a hydrogen filling station. A link-up with a major manufacturer would make it easier to build out the infrastructure needed to make this dream a reality. Hey, people laughed at Tesla in 2010. If nothing else, this is a company we will be keeping our eye on.

 

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Court Sees If Church Solar Panels Break Electricity Monopoly

NC WARN Solar Case tests third-party solar rights as North Carolina Supreme Court reviews Utilities Commission fines over a Greensboro church's rooftop power deal, challenging Duke Energy's monopoly, onsite electricity sales, and potential rate impacts.

 

Key Points

A North Carolina Supreme Court test of third-party solar could weaken Duke Energy's monopoly and change utility rules.

✅ NC Supreme Court weighs Utilities Commission penalty on NC WARN

✅ Case could permit onsite third-party solar sales statewide

✅ Outcome may pressure Duke Energy's monopoly and rates

 

North Carolina's highest court is taking up a case that could force new competition on the state's electricity monopolies.

The state Supreme Court on Tuesday will consider the Utilities Commission's decision to fine clean-energy advocacy group NC WARN for putting solar panels on a Greensboro church's rooftop and then charging it below-market rates for power.

The commission told NC WARN that it was producing electricity illegally and fined the group $60,000. The group said it was acting privately and appealed to the high court.

If the group prevails, it could put new pressure on Duke Energy's monopoly, which has seen an oversubscribed solar solicitation in recent procurements. State regulators say a ruling for NC WARN would allow companies to install solar equipment and sell power on site, shaving away customers and forcing Duke Energy to raise rates on everyone else.

#google#

That's because if NC WARN's deal with Faith Community Church is allowed, the precedent could open the door for others to lure away from Duke Energy, as debates over how solar owners are paid continue, "the customers with the highest profit potential, such as commercial and industrial customers with large energy needs and ample rooftop space," attorney Robert Josey Jr. wrote in a court filing.

Losing those power sales would force the country's No. 2 electricity company to make it up by charging remaining customers more to cover the cost of all of its power plants, transmission lines and repair crews, a dynamic echoed in New England's grid upgrade debates as solar grows, wrote Josey, an attorney for the Public Staff, the state's official utilities consumer advocate.

The dispute is whether NC WARN is producing electricity "for the public," which would mean it's intruding on the territory of the publicly regulated monopoly utility, or whether the move was allowed because it was a private power deal with the church alone.

 

NC WARN installed the church's power panels in 2015 as part of what it described as a test case, amid wider debates like Nova Scotia's delayed solar charge for customers, challenging Duke Energy's monopoly position to generate and sell electricity.

North Carolina was one of nine states that as of last year explicitly disallowed residential customers from buying electricity generated by solar panels on their roof from a third party that owns the system, even as Maryland opens solar subscriptions more broadly, according to the North Carolina Clean Energy Technology Center. State law allows purchased or leased solar panels, but not payments simply for the power they generate.

NC WARN's goals included "reducing the effects of Duke Energy's monopoly control that has such negative impacts on power bills, clean air and water, and climate change," the church's pastor, Rev. Nelson Johnson, said in a statement the same day the clean-energy group asked state regulators to clear the plan.

Instead, the North Carolina Utilities Commission ruled the arrangement violated the state's system of legal electricity monopolies and hit the group with nearly $60,000 in fines, which would be suspended if the church's payments were refunded with interest and the solar equipment donated. The group has set aside the money and will donate the gear if it loses the Supreme Court case, NC WARN Executive Director Jim Warren said.

NC WARN's three-year agreement saw the group mount a rooftop solar array for which the church would pay about half the average retail electricity price, state officials said. The agreement states plainly that it is not a contract for the sale or lease of the $20,000 solar system, the church never owns the panels, and the low electricity price means its payback for the equipment would take 60 years, Josey wrote.

"Clearly, the only thing of value (the church) is obtaining for its payments under this agreement is the electricity created," he wrote.

In court filings, the group's attorneys have stuck to the argument that NC WARN isn't selling to the public because the deal involved a single customer only.

The deal "is not open to any other member of the public ... A private, bargained-for contract under which only one party receives electricity is not a sale of electricity 'to or for the public,' " attorney Matthew Quinn wrote to the court.

 

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