Company plans to burn waste coal

By Knight Ridder Tribune


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In a watershed marred by the ugly after-effects of coal mining, an international company is planning to turn piles of waste coal into profitable power - creating at least 165 permanent jobs and helping to clean up abandoned mine drainage.

With a $900 million, waste-coal-burning power plant in Shade Township, Manhattan-based Sithe Global Power LLC could help treat abandoned mine drainage through both power production and by burning the by-products of past coal operations that now sit in p les in the township, leeching polluted water into the ground and nearby watershed.

"Right now, the coal is laying on the ground, polluting your streams," said Stephen G. Poje, development senior vice president for Sithe, the project's owner and developer. The company has a design for a 300-megawatt power plant and has begun a lengthy permitting process that could include as many as 25 approvals from state, county and local agencies, said permitting consultant Robert J. Golden Jr. of TRC Companies Inc.

The power - enough to run 300,000 residences for a year - will be sold to an electric transmission grid, PJM Interconnections LLC. At the soonest, the plant could be in production by mid-2013.

"It is an ongoing process," Golden said. The coal is to be purchased predominately from PBS Coals Inc.'s Shade Preparation Plant, adjacent to the 200-acre site where Sithe wants to build the cogeneration plant. To minimize truck traffic, Poje said the waste coal would be transported via a conveyor belt from the PBS site south of Central City to the neighboring power plant. "There is enough waste coal for the next 30 years there," Poje said.

The plans also allow for accepting waste coal from conservation projects. Over time, the plant could remove about 1.5 million tons of waste coal per year, he said. The plant would use the cleanest technology available - a circulating, fluidized bed boiler - to convert otherwise useless coal into power, said Paul Shewchuk, project engineering manager for engineering firm WorleyParsons, based in Reading.

If it is economically feasible, water to run the plant could be piped from nearby abandoned mine discharges into Dark Shade Creek - Reitz No. 3 and 4, which discharge 1,500 gallons of AMD per minute, and the Loyalhanna discharge, which gushes up to 1,7 0 gallons per minute - said Maureen L. Casey, water treatment technical specialist for WorleyParsons.

"That is what we want to do at this point," she said. As a by-product, the process would create an alkaline ash, which would be sent back to PBS via conveyor belt and then distributed to conservation groups as a tool to fight abandoned-mine drainage. The ash can be used to balance pH levels in acid-mine drainage areas, Poje added. "Our intent is to be a good corporate citizen and a good neighbor," he said. The facility itself would cover 15 acres of the 200-acre site between Rock Cut Road and Bunker Hill Road in Shade Township. To run the plant, Sithe will need to hire about 65 workers from management to laborers.

Another 100 to 200 employees will be needed to maintain trucks and make deliveries. At the peak of the plant's construction, Poje said up to 1,200 workers will be needed. F. Gregory Nadeau, senior project manager for engineering firm WorleyParsons, said as many as 100 engineers could be working on this power plant.

"Everything about power plants is a one-of-a-kind design," he said. The company is not the first to contrive such a plan. Others have tried, and failed, to build a cogeneration plant in the same area, with the same goals. In 2002, Duke Energy Corp., of Charlotte, N.C., did not reach the permitting stage for a cogeneration plant in Shade Township, even after making what its officials called significant investments into the proposal.

Len Lichvar, Somerset County Conservation District director, said locals are hoping that, this time, the plant will be built. "Most people you talk to will tell you it sounds too good to be true," Lichvar said. "The indicators so far are that this may well be the real deal."

Waste coal poses a serious threat to water quality, Lichvar said, but he focused on the benefits the plant could produce by using abandoned-mine drainage, especially from the "infamous" Loyalhanna discharge site. State officials identified that site at the single largest source of unabated discharge in the Stonycreek River Watershed.

"This may be the best long-term source of AMD treatment we have," Lichvar said. "We have been stymied with trying to correct that." Potential solutions to the "virtually decimated" Shade Creek would be a Godsend if the power plant materializes, Lichvar said. "This does sound as if this is the most serious proposal of its kind, with the most potential," Lichvar said. Sithe already is beginning construction on a similar-scale plant in Clearfield County. Other cogeneration plants in Cambria County have found success.

Two are built in the Ebensburg area, and the Colver Power Project in Cambria and Barr townships has been converting waste coal to electricity for more than 10 years.

Project spokeswoman Gail Landis said the company already has spoken to some local officials and conservation groups and has plans for more meetings. "We are sensitive to local values," she said. "We want to approach this in a way that it is a win-win situation for everyone." After developing the idea for nearly two years, Poje said, barring any unexpected "fatal flaws", the project is a go.

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Pacific Northwest's Renewable Energy Goals Hindered

Pacific Northwest Transmission Bottleneck slows clean energy progress as BPA's aging grid constrains renewable interconnections, delaying wind, solar, and data center growth; decarbonization targets depend on transmission upgrades, new substations, and policy reform.

 

Key Points

An interconnection and capacity shortfall on BPA's aging grid that delays renewables and impedes clean energy goals.

✅ BPA approvals lag: 1 of 469 projects since 2015.

✅ Yakama solar waits for substation upgrades until 2027.

✅ Data centers and decarbonization targets face grid constraints.

 

Oregon and Washington have set ambitious targets to decarbonize their power sectors, aiming for 100% clean electricity in the coming decades. However, a significant obstacle stands in the way: the region's aging and overburdened transmission grid, underscoring why 100% renewables remain elusive even as momentum builds.

The Grid Bottleneck

The BPA operates a transmission system that is nearly a century old in some areas, and its capacity has not expanded sufficiently to accommodate the influx of renewable energy projects, reflecting stalled grid spending in many parts of the U.S., according to recent analyses. Since 2015, 469 large renewable projects have applied to connect to the BPA's grid; however, only one has been approved—a stark contrast to other regions in the country. This bottleneck has left numerous wind and solar projects in limbo, unable to deliver power to the grid.

One notable example is the Yakama Nation's solar project. Despite receiving a $32 million federal grant under the bipartisan infrastructure law as part of a broader grid overhaul for renewables, the tribe faces significant delays. The BPA estimates that it will take until 2027 to complete the necessary upgrades to the transmission system, including a new substation, before the solar array can be connected. This timeline poses a risk of losing federal funding if the project isn't operational by 2031.

Economic and Environmental Implications

The slow pace of grid expansion has broader implications for the region's economy and environmental goals. Data centers and other energy-intensive industries are increasingly drawn to the Pacific Northwest due to its clean energy potential, while interregional projects like the Wyoming-to-California wind link illustrate how transmission access can unlock supply. However, without adequate infrastructure, these industries may seek alternatives elsewhere. Additionally, the inability to integrate renewable energy efficiently hampers efforts to reduce greenhouse gas emissions and combat climate change.

Policy Challenges and Legislative Efforts

Efforts to address the grid limitations through state-level initiatives have faced challenges, even as a federal rule to boost transmission advances nationally. In 2025, both Oregon and Washington considered legislation to establish state bonding authorities aimed at financing transmission upgrades. However, these bills failed to pass, leaving the BPA as the primary entity responsible for grid expansion. The BPA's unique structure—operating as a self-funded federal agency without direct state oversight—has made it difficult for regional leaders to influence its decision-making processes.

Looking Ahead

The Pacific Northwest's renewable energy aspirations hinge on modernizing its transmission infrastructure, aligning with decarbonization strategies that emphasize grid buildout. While the BPA has proposed several projects to enhance grid capacity, the timeline for completion remains uncertain. Without significant investment and policy reforms, the region risks falling behind in the transition to a clean energy future. Stakeholders across Oregon and Washington must collaborate to advocate for necessary changes and ensure that the grid can support the growing demand for renewable energy.

The Pacific Northwest's commitment to clean energy is commendable, but achieving these goals requires overcoming substantial infrastructure challenges, and neighboring jurisdictions such as British Columbia have pursued B.C. regulatory streamlining to accelerate projects. Addressing the limitations of the BPA's transmission system is critical to unlocking the full potential of renewable energy in the region. Only through concerted efforts at the federal, state, and local levels can Oregon and Washington hope to realize their green energy ambitions.

 

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Ford Threatens to Cut U.S. Electricity Exports Amid Trade Tensions

Ontario Electricity Export Retaliation signals tariff-fueled trade tensions as Doug Ford leverages cross-border energy flows to the U.S., risking grid reliability, higher power prices, and escalating a Canada-U.S. trade war over protectionist policies.

 

Key Points

A policy threat by Ontario to cut power exports to U.S. states in response to tariffs, leveraging grid dependence.

✅ Powers about 1.5M U.S. homes in NY, MI, and MN

✅ Risks price spikes, shortages, and legal challenges

✅ Part of Canada's CAD 30B retaliatory tariff package

 

In a move that underscores the escalating trade tensions between Canada and the United States, Ontario Premier Doug Ford has threatened to halt electricity exports to U.S. states in retaliation for the Trump administration's recent tariffs. This bold stance highlights Ontario's significant role in powering regions across the U.S. and serves as a warning about the potential consequences of trade disputes.

The Leverage of Ontario's Electricity

Ontario's electricity exports are not merely supplementary; they are essential to the energy supply of several U.S. states. The province provides power to approximately 1.5 million homes in states such as New York, Michigan, and Minnesota, even as it eyes energy independence through domestic initiatives. This substantial export positions Ontario as a key player in the regional energy market, giving the province considerable leverage in trade negotiations.

Premier Ford's Ultimatum

Responding to the Trump administration's imposition of a 25% tariff on Canadian imports, Premier Ford, following a Washington meeting, declared, "If they want to play tough, we can play tough." He further emphasized his readiness to act, stating, "I’ll cut them off with a smile on my face." This rhetoric underscores Ontario's willingness to use its energy exports as a bargaining chip in the trade dispute.

Economic and Political Ramifications

The potential cessation of electricity exports to the U.S. would have profound economic implications. U.S. states that rely on Ontario's power could face energy shortages, leading to increased prices, particularly New York energy prices, and potential disruptions. Such an action would not only strain the energy supply but also escalate political tensions, potentially affecting other areas of bilateral cooperation.

Canada's Retaliatory Measures

Ontario's threat is part of a broader Canadian strategy to counteract U.S. tariffs. Prime Minister Justin Trudeau has announced retaliatory tariffs on U.S. goods worth approximately CAD 30 billion, targeting products such as food, textiles, and furniture. These measures aim to pressure the U.S. administration into reconsidering its trade policies.

The Risk of Escalation

While leveraging energy exports provides Ontario with a potent tool, it also carries significant risks, as experts warn against cutting Quebec's energy exports amid tariff tensions. Such actions could lead to a full-blown trade war, with both countries imposing tariffs and export restrictions. The resulting economic fallout could affect various sectors, from manufacturing to agriculture, and lead to job losses and increased consumer prices.

International Trade Relations

The dispute also raises questions about the stability of international trade agreements and the rules governing cross-border energy transactions. Both Canada and the U.S. are signatories to various trade agreements that promote the free flow of goods and services, including energy. Actions like export bans could violate these agreements and lead to legal challenges.

Public Sentiment and Nationalism

The trade tensions have sparked a surge in Canadian nationalism, with public sentiment largely supporting tariffs on energy and minerals as retaliatory measures. This sentiment is evident in actions such as boycotting American products and expressing discontent at public events. However, while national pride is a unifying force, it does not mitigate the potential economic hardships that may result from prolonged trade disputes.

The Path Forward

Navigating this complex situation requires careful diplomacy and negotiation. Both Canada and the U.S. must weigh the benefits of trade against the potential costs of escalating tensions. Engaging in dialogue, seeking compromise, and adhering to international trade laws are essential steps to prevent further deterioration of relations and to ensure the stability of both economies.

Ontario's threat to cut off electricity exports to the U.S. serves as a stark reminder of the interconnectedness of global trade and the potential consequences of protectionist policies. While such measures can be effective in drawing attention to grievances, they also risk significant economic and political fallout. As the situation develops, it will be crucial to monitor the responses of both governments and the impact on industries and consumers alike, including growing support for Canadian energy projects among stakeholders.

 

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PG&E Wildfire Assistance Program Accepting Applications for Aid

PG&E Wildfire Assistance Program offers court-approved aid and emergency grants for Northern California wildfires and Camp Fire victims, covering unmet needs, housing, and essentials; apply online by November 15, 2019 under Chapter 11-funded eligibility.

 

Key Points

A $105M, court-approved aid fund offering unmet-needs payments and emergency support for 2017-2018 wildfire victims.

✅ $5,000 Basic Unmet Needs per household, self-certified

✅ Supplemental aid for extreme circumstances after basic grants

✅ Apply online; deadline November 15, 2019; identity required

 

Beginning today, August 15, 2019, those displaced by the 2017 Northern California wildfires and 2018 Camp fire can apply for aid through an independently administered Wildfire Assistance Program funded by Pacific Gas and Electric Company (PG&E). PG&E’s $105 million fund, approved by the judge in PG&E’s Chapter 11 cases and related bankruptcy plan, is intended to help those who are either uninsured or need assistance with alternative living expenses or other urgent needs. The court-approved independent administrator is set to file the eligibility criteria as required by the court and will open the application process.

“Our goal is to get the money to those who most need it as quickly as possible. We will prioritize wildfire victims who have urgent needs, including those who are currently without adequate shelter,” said Cathy Yanni, plan administrator. Yanni is partnering with local agencies and community organizations to administer the fund, and PG&E also supports local communities through property tax contributions to counties.

“We appreciate the diligent work of the fund administrator in quickly establishing a way to distribute these funds and ensuring the program supports those with the most immediate needs. PG&E is focused on helping those impacted by the devastating wildfires in recent years and strengthening our energy system to reduce wildfire risks and prevent utility-caused catastrophic fires. We feel strongly that helping these communities now is the right thing to do,” said Bill Johnson, CEO and President of PG&E Corporation.

Applicants can request a “Basic Unmet Needs” payment of $5,000 per household for victims who establish basic eligibility requirements and self-certify that they have at least $5,000 of unmet needs that have not been compensated by the Federal Emergency Management Agency (FEMA). Payments are to support needs such as water, food, prescriptions, medical supplies and equipment, infant formula and diapers, personal hygiene items, and transportation fuels beyond what FEMA covered in the days immediately following the declared disasters, aligning with broader health and safety actions the company has taken.

Those who receive basic payments may also qualify for a “Supplemental Unmet Needs” payment. These funds will be available only after “Basic Unmet Needs” payments have been issued. Supplemental payments will be available to individuals and families who currently face extreme or extraordinary circumstances as compared to others who were impacted by the 2017 and 2018 wildfires, including areas affected by power line-related fires across California.

To qualify for the payments, applicants’ primary residence must have been within the boundary of the 2017 Northern California wildfires or the 2018 Camp fire in Butte County. Applicants also must establish proof of identity and certify that they are not requesting payments for an expense already paid for by FEMA.

Applicants can find more information and apply for assistance at https://www.norcalwildfireassistanceprogram.com/. The deadline to file for aid is November 15, 2019.

The $105 million being provided by PG&E was made available from the company’s cash reserves. PG&E will not seek cost recovery from its customers, and its rates are set to stabilize in 2025 according to recent guidance.

 

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

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

 

Key Points

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

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

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

 

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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Vancouver's Reversal on Gas Appliances

Vancouver Natural Gas Ban Reversal spotlights energy policy, electrification tradeoffs, heat pumps, emissions, grid reliability, and affordability, reshaping building codes and decarbonization pathways while inviting stakeholders to weigh practical constraints and climate goals.

 

Key Points

Vancouver ending its ban on natural gas in new homes to balance climate goals with reliability, costs, and technology.

✅ Balances emissions goals with reliability and affordability

✅ Impacts builders, homeowners, and energy infrastructure

✅ Spurs debate on electrification, heat pumps, and grid capacity

 

In a significant policy shift, Vancouver has decided to lift its ban on natural gas appliances in new homes, a move that marks a pivotal moment in the city's energy policy and environmental strategy. This decision, announced recently and following the city's Clean Energy Champion recognition for Bloedel upgrades, has sparked a broader conversation about the future of energy systems and the balance between environmental goals and practical energy needs. Stewart Muir, CEO of Resource Works, argues that this reversal should catalyze a necessary dialogue on energy choices, highlighting both the benefits and challenges of such a policy change.

Vancouver's original ban on natural gas appliances was part of a broader initiative aimed at reducing greenhouse gas emissions and promoting sustainability, including progress toward phasing out fossil fuels where feasible over time. The city had adopted stringent regulations to encourage the use of electric heat pumps and other low-carbon technologies in new residential buildings. This move was aligned with Vancouver’s ambitious climate goals, which include achieving carbon neutrality by 2050 and significantly cutting down on fossil fuel use.

However, the recent decision to reverse the ban reflects a growing recognition of the complexities involved in transitioning to entirely new energy systems. The city's administration acknowledged that while electric alternatives offer environmental benefits, they also come with challenges that can affect homeowners, builders, and the broader energy infrastructure, including options for bridging the electricity gap with Alberta to enhance regional reliability.

Stewart Muir argues that Vancouver’s policy shift is not just about natural gas appliances but represents a larger conversation about energy system choices and their implications. He suggests that the reversal of the ban provides an opportunity to address key issues related to energy reliability, affordability, and the practicalities of integrating new technologies, including electrified LNG options for industry within the province into existing systems.

One of the primary reasons behind the reversal is the recognition of the practical limitations and costs associated with transitioning to electric-only systems. For many homeowners and builders, natural gas appliances have long been a reliable and cost-effective option. The initial ban on these appliances led to concerns about increased construction costs and potential disruptions for homeowners who were accustomed to natural gas heating and cooking.

In addition to cost considerations, there are concerns about the reliability and efficiency of electric alternatives. Natural gas has been praised for its stable energy supply and efficient performance, especially in colder climates where electric heating systems might struggle to maintain consistent temperatures or fully utilize Site C's electricity under peak demand. By reversing the ban, Vancouver acknowledges that a one-size-fits-all approach may not be suitable for every situation, particularly when considering diverse housing needs and energy demands.

Muir emphasizes that the reversal of the ban should prompt a broader discussion about how to balance environmental goals with practical energy needs. He argues that rather than enforcing a blanket ban on specific technologies, it is crucial to explore a range of solutions that can effectively address climate objectives while accommodating the diverse requirements of different communities and households.

The debate also touches on the role of technological innovation in achieving sustainability goals. As energy technologies continue to evolve, renewable electricity is coming on strong and new solutions and advancements could potentially offer more efficient and environmentally friendly alternatives. The conversation should include exploring these innovations and considering how they can be integrated into existing energy systems to support long-term sustainability.

Moreover, Muir advocates for a more inclusive approach to energy policy that involves engaging various stakeholders, including residents, businesses, and energy experts. A collaborative approach can help identify practical solutions that address both environmental concerns and the realities of everyday energy use.

In the broader context, Vancouver’s decision reflects a growing trend in cities and regions grappling with energy transitions. Many urban centers are evaluating their energy policies and considering adjustments based on new information and emerging technologies. The key is to find a balance that supports climate goals such as 2050 greenhouse gas targets while ensuring that energy systems remain reliable, affordable, and adaptable to changing needs.

As Vancouver moves forward with its revised policy, it will be important to monitor the outcomes and assess the impacts on both the environment and the community. The reversal of the natural gas ban could serve as a case study for other cities facing similar challenges and could provide valuable insights into how to navigate the complexities of energy transitions.

In conclusion, Vancouver’s decision to reverse its ban on natural gas appliances in new homes is a significant development that opens the door for a critical dialogue about energy system choices. Stewart Muir’s call for a broader conversation emphasizes the need to balance environmental ambitions with practical considerations, such as cost, reliability, and technological advancements. As cities continue to navigate their energy futures, finding a pragmatic and inclusive approach will be essential in achieving both sustainability and functionality in energy systems.

 

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ACORE tells FERC that DOE Proposal to Subsidize Coal, Nuclear Power Plants is unsupported by Record

FERC Grid Resiliency Pricing Opposition underscores industry groups, RTOs, and ISOs rejecting DOE's NOPR, warning against out-of-market subsidies for coal and nuclear, favoring competitive markets, reliability, and true grid resilience.

 

Key Points

Coalition urging FERC to reject DOE's NOPR subsidies, protecting reliability and competitive power markets.

✅ Industry groups, RTOs, ISOs oppose DOE NOPR

✅ PJM reports sufficient reliability and resilience

✅ Reject out-of-market aid to coal, nuclear

 

A diverse group of a dozen energy industry associations representing oil, natural gas, wind, solar, efficiency, and other energy technologies today submitted reply comments to the Federal Energy Regulatory Commission (FERC) continuing their opposition to the Department of Energy's (DOE) proposed rulemaking on grid resiliency pricing and electricity pricing changes within competitive markets, in the next step in this FERC proceeding.

Action by FERC, as lawmakers urge movement on aggregated DERs to modernize markets, is expected by December 11.

In these comments, this broad group of energy industry associations notes that most of the comments submitted initially by an unprecedented volume of filers, including grid operators whose markets would be impacted by the proposed rule, urged FERC not to adopt DOE'sproposed rule to provide out-of-market financial support to uneconomic coal and nuclear power plants in the wholesale electricity markets overseen by FERC.

Just a small set of interests - those that would benefit financially from discriminatory pricing that favors coal and nuclear plants - argued in favor of the rule put forward by DOE in its Notice of Proposed Rulemaking, or NOPR, as did coal and business interests in related regulatory debates. But even those interests - termed 'NOPR Beneficiaries' by the energy associations - failed to provide adequate justification for FERC to approve the rule, and their specific alternative proposals for implementing the bailout of these plants were just as flawed as the DOE plan, according to the energy industry associations.

'The joint comments filed today with partners across the energy spectrum reflect the overwhelming majority view that this proposed rulemaking by FERC is unprecedented and unwarranted, said Todd Foley, Senior Vice President, Policy & Government Affairs, American Council on Renewable Energy.

We're hopeful that FERC will rule against an anti-competitive distortion of the electricity marketplace and avoid new unnecessary initiatives that increase power prices for American consumers and businesses.'

In the new reply comments submitted in response to the initial comments filed by hundreds of stakeholders on or before October 23 - the energy industry associations made the following points: Despite hundreds of comments filed, no new information was brought forth to validate the assertion - by DOE or the NOPR Beneficiaries - that an emergency exists that requires accelerated action to prop up certain power plants that are failing in competitive electricity markets: 'The record in this proceeding, including the initial comments, does not support the discriminatory payments proposed' by DOE, state the industry groups.

Nearly all of the initial comments filed in the matter take issue with the DOE NOPR and its claim of imminent threats to the reliability and resilience of the electric power system, despite reports of coal and nuclear disruptions cited by some advocates: 'Of the hundreds of comments filed in response to the DOE NOPR, only a handful purported to provide substantive evidence in support of the proposal. In contrast, an overwhelming majority of initial comments agree that the DOE NOPR fails to substantiate its assertions of an immediate reliability or resiliency need related to the retirement of merchant coal-fired and nuclear generation.'

Grid operators filed comments refuting claims that the potential retirement of coal and nuclear plants which could not compete for economically present immediate or near-term challenges to grid management, even as a coal CEO criticism targeted federal decisions: 'Even the RTOs and ISOs themselves filed comments opposing the DOE NOPR, noting that the proposed cost-of-service payments to preferred generation would disrupt the competitive markets and are neither warranted nor justified.... Most notably, this includes PJM Interconnection, ... the RTO in which most of the units potentially eligible for payments under the DOE NOPR are located. PJM states that its region 'unquestionably is reliable, and its competitive markets have for years secured commitments from capacity resources that well exceed the target reserve margin established to meet [North American Electric Reliability Corp.] requirements.' And PJM analysis has confirmed that the region's generation portfolio is not only reliable, but also resilient.'

The need for NOPR Beneficiaries to offer alternative proposals reflects the weakness of DOE'srule as drafted, but their options for propping up uneconomic power plants are no better, practically or legally: 'Plans put forward by supporters of the power plant bailout 'acknowledge, at least implicitly, that the preferential payment structure proposed in the DOE NOPR is unclear, unworkable, or both. However, the alternatives offered by the NOPR Beneficiaries, are equally flawed both substantively and procedurally, extending well beyond the scope of the DOE NOPR.'

Citing one example, the energy groups note that the detailed plan put forward by utility FirstEnergy Service Co. would provide preferential payments far more costly than those now provided to individual power plants needed for immediate reasons (and given a 'reliability must run' contract, or RMR): 'Compensation provided under [FirstEnergy's proposal] would be significantly expanded beyond RMR precedent, going so far as to include bailing [a qualifying] unit out of debt based on an unsupported assertion that revenues are needed to ensure long-term operation.'

Calling the action FERC would be required to take in adopting the DOE proposal 'unprecedented,' the energy industry associations reiterate their opposition: 'While the undersigned support the goals of a reliable and resilient grid, adoption of ill-considered discriminatory payments contemplated in the DOE NOPR is not supportable - or even appropriate - from a legal or policy perspective.

 

About ACORE

The American Council on Renewable Energy (ACORE) is a national non-profit organization leading the transition to a renewable energy economy. With hundreds of member companies from across the spectrum of renewable energy technologies, consumers and investors, ACORE is uniquely positioned to promote the policies and financial structures essential to growth in the renewable energy sector. Our annual forums in Washington, D.C., New York and San Franciscoset the industry standard in providing important venues for key leaders to meet, discuss recent developments, and hear the latest from senior government officials and seasoned experts.

 

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  • 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.