Renewable standards called unconstitutional

By Washington Times


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For a long time, free-market organizations have argued that "renewable-energy standards" RES — those mandates that force electricity customers almost everyone to pay higher prices for the privilege of having wind- or solar-generated power — are uneconomical and accomplish no worthwhile public-policy goals.

Now we will prove they are illegal, too.

The organization American Tradition Institute filed a complaint in a U.S. district court that contends Colorado's RES should be declared unconstitutional because they violate the Commerce Clause, which grants only Congress the authority to regulate interstate trade. Because the Evergreen State imposed burdens on the distribution of power, we maintain that is an improper regulation of interstate trade by the state.

Should the case be found in our favor, it likely would have implications for the other 29 states that also have RES.

Colorado's law mandates that 30 percent of its electricity come from renewable sources by the year 2020. That discriminates — by mandating the purchase and use of renewables — against other legal, less costly, less polluting, safer and more reliable in-state and out-of-state sources of electricity. You read that right — "less polluting" and "safer."

Colorado is widely recognized for its wind-power capabilities, but even there, wind power is inconsistent and undependable. Studies by Bentek Energy, which examined energy deployment in Texas and Colorado, found that emissions of pollutants actually increase with RES because wind requires backup generation by fossil fuels such as coal and natural gas. When generators powered by those fuels are required to turn on and off constantly as backstops for wind, they burn more coal or gas than if those fossil-fuel generators ran consistently. Think of your car's extra use of gasoline in stop-and-go traffic as a similarity.

So, contrary to what green believers have put their faith in, Colorado has installed a power prejudice against more environmentally friendly energy sources.

Lest you think this is simply a fight on behalf of Big Coal and Big Natural Gas, consider again the constitutional implications. Colorado's renewable mandates not only discriminate against those power generators but, more important, victimize their customers by forcing them to pay higher prices for a service that does not deliver them "better" electricity — in fact, it forces them to pay extra for a more polluting product.

Further, if you consider the demonstrable economic effects of forced "renewables," the policy discriminates against the overall health of the economy and job creation. The misnamed "green" economy is a proven failure, as exhibited by its failure to move our national unemployment statistics. Also, studies of the effects of coerced renewables in Spain and Italy showed that for every "green" job created in those countries, 2.2 and 4.8 jobs were lost in their respective overall economies.

There are many other ways Colorado's law violates the Commerce Clause, which are outlined in the complaint. For example, the law places a greater value upon alternative energy initiated within its borders but not outside them. This falls under the federal government's regulatory powers, not Colorado's.

But ultimately, this lawsuit will fight both environmentally and economically destructive public policy, which affects not only Colorado residents, but also those in nearby states. Clearly, a correction is needed, which we now ask a federal judge to require.

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A resilient Germany is weathering the energy crunch

German Energy Price Brakes harness price signals in a market-based policy, cutting gas consumption, preserving industrial output, and supporting CO2 reduction, showcasing Germany's resilience and adaptation while protecting households and businesses across Europe.

 

Key Points

Fixed-amount subsidies preserving price signals to curb gas use, shield consumers, and sustain industrial output.

✅ Maintains incentives via market-based price signals

✅ Cuts gas consumption without distorting EU markets

✅ Protects households and industry while curbing CO2

 

German industry and society are once again proving much more resilient and adaptable than certain people feared. Horror scenarios of a dangerous energy rationing or a massive slump in our economy have often been bandied about. But we are nowhere near that. With a challenging year just behind us, this is good news — not only for Germany, but also for Europe, where France-Germany energy cooperation has strengthened solidarity.

Companies and households reacted swiftly to the sharp increases in energy prices, in line with momentum in the global energy transition seen across markets. They installed more efficient heating or production facilities, switched to alternatives and imported intermediate products. The results are encouraging: German households and businesses have reduced gas consumption significantly, despite recent cold weather. From the start of the war in Ukraine to mid-December industrial gas consumption in Germany was (temperature-adjusted) around 20 per cent lower than the average level for the preceding three years. Even if some firms have cut back production, especially in energy-intensive sectors, industrial output as a whole has only fallen by about 1 per cent since the start of 2022. Added to this, in a survey released by the Ifo institute in November, over a third of German companies saw the potential to reduce gas consumption further without endangering output.

Instead of imposing excessive laws and regulations, we have relied on price signals and the prudence of market participants to create the right incentives and reduce gas consumption, as falling costs like record-low solar power prices continue to reinforce those signals across sectors.

We will follow this approach in coming months, when energy savings will remain important, even as the EU electricity outlook anticipates sharply higher demand by 2050. Our latest relief measures will not distort price signals. To this end, the Bundestag approved gas and electricity price brakes in its final session in 2022. They are designed to function without any intervention in markets or prices. This system will pay out a fixed amount relative to previous years’ consumption and the current difference to a reference price — regardless of current consumption.

Energy price brakes are the main component of Germany’s “protective shield”, which makes up to €200bn available for measures in 2022 to 2024. Seen in relation to the German economy’s size, its past heavy reliance on Russian energy imports and the fact that the measures will expire in 2024, these are balanced and expedient mechanisms. In contrast to instruments used in other countries, our new arrangements will not affect the price formation process driven by supply and demand, or on incentives to save gas. Companies and households will continue to save the full market price when they reduce consumption by a unit of gas or electricity. In this way, the price brakes also avoid the creation of additional demand for gas at the expense of consumers in other European countries, even as Europe’s Big Oil turning electric signals broader structural shifts in energy markets. No one need fear that competition will be distorted or that gas will be bought up. Indeed, a recent IMF working paper on cushioning the impact of high energy prices on households explicitly praises the German energy price brakes.

Current developments confirm the effectiveness of a market-based approach — and show that we should also rely on price signals when it comes to reducing CO₂ emissions, as suggested by IEA CO2 trends in recent years. Last year, households and companies had only a few weeks to adapt, yet we have already seen a strong response. The effect of CO₂ prices can be even stronger, as adaptation is possible over a much longer time and they additionally affect expectations and long-term decisions. Regulatory interventions and subsidy schemes, even if well targeted, cannot compete with market co-ordination and incentives that support individual decision-making and promote innovation.

Europe and Germany can weather this crisis without a collapse in industrial production. We also have an opportunity to deal efficiently with the move to climate neutrality, aligned with Germany’s hydrogen strategy for imported low-carbon fuels. In both cases, we should have confidence in price signals as well as in the power of people and business to innovate and adapt.

 

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Texas produces and consumes the most electricity in the US

Texas ERCOT Power Grid leads U.S. wind generation yet faces isolated interconnection, FERC exemption, and high industrial energy use, with distinct electricity and natural gas prices managed by a single balancing authority.

 

Key Points

The state-run interconnection that balances Texas electricity, isolated from FERC oversight and other U.S. grids.

✅ Largest U.S. wind power producer, high industrial demand

✅ Operates one balancing authority, independent interconnection

✅ Pays lower electricity, higher natural gas vs national average

 

For nearly two decades, the Lone Star State has generated more wind-sourced electricity than any other state in the U.S., according to the Energy Information Administration, or EIA.

In 2022, EIA reported Texas produced more electricity than any other state and generated twice as much as second-place Florida.

However, Texas also leads the country in another category. According to EIA, Texas is the largest energy-consuming state in the nation across all sectors with more than half of the state’s energy being used by the industrial sector.

As of May 2023, Texas residents paid 43% more for natural gas and around 10% less for electricity compared to the national average, according to EIA, and in competitive areas shopping for electricity is getting cheaper as well. Commercial and industrial sectors on average for the same month paid 25% less for electricity compared to the national average.


U.S. electric system compared to Texas
The U.S. electric system is essentially split into three regions called interconnections and are managed by a total of 74 entities called balancing authorities that ensure that power supply and demand are balanced throughout the region to prevent the possibility of blackouts, according to EIA.

The three regions (Interconnections):

Eastern Interconnection: Covers all U.S. states east of the Rocky Mountains, a portion of northern Texas, and consists of 36 balancing authorities.
Western Interconnection: Covers all U.S. states west of the Rockies and consists of 37 balancing authorities.
ERCOT: Covers the majority of Texas and consists of one balancing authority (itself).

During the 2021 winter storm, Texas electric cooperatives were credited with helping maintain service in many communities.

“ERCOT is unique in that the balancing authority, interconnection, and the regional transmission organization are all the same entity and physical system,” according to EIA, a structure often discussed in analyses of Texas power grid challenges today.

With this being the case, Texas is the only state in the U.S. that balances itself, the only state that is not subject to the jurisdiction of the Federal Energy Regulatory Commission, or FERC, and the only state that is not synchronously interconnected to the grid in the rest of the United States in the event of tight grid conditions, highlighting ongoing discussions about improving Texas grid reliability before peak seasons, according to EIA.

Every other state in the U.S. is connected to a web of multiple balancing authorities that contribute to ensuring power supply and demand are met.

California, for example, was the fourth largest electricity producer and the third largest electricity consumer in the nation in 2022, according to EIA, and California imports the most electricity from other states while Pennsylvania exports the most.

Although California produces significantly less electricity than Texas, it has the ability to connect with more than 10 neighboring balancing authorities within the Western Interconnection to interchange electricity, a dynamic that can see clean states importing dirty electricity under certain market conditions. ERCOT being independent only has electricity interchange with two balancing authorities, one of which is in Mexico.

Regardless of Texas’ unique power structure compared to the rest of the nation, the vast majority of the U.S. risked electricity supplies during this summer’s high heat, as outlined in severe heat blackout risks reports, according to EIA.

 

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The Innovative Solution Bringing Electricity To Crisis Stricken Areas

Toyota and Honda Moving e delivers hydrogen backup power via a fuel cell bus, portable batteries, and power exporters for disaster relief, emergency electricity, and grid outage support near charging stations and microgrids.

 

Key Points

A hydrogen mobile power system using a fuel cell bus and batteries to supply emergency electricity during disasters.

✅ Fuel cell bus outputs up to 18 kW, 454 kWh capacity

✅ Portable batteries and power exporter deliver site power

✅ Supports disaster relief near hydrogen charging stations

 

Without the uninterrupted supply of power and electricity, modern economies would be unable to function. A blackout can impact everything from transport to health care, communication, and even water supplies, as seen in a near-blackout in Japan that strained the grid. It is one of the key security concerns for every government on earth, a point underscored by Fatih Birol on electricity options during the pandemic, and the growth in the market for backup power reflects that fact. In 2018, the global Backup Power market was $14.9 billion and is expected to reach $22 billion by the end of 2025, growing at a CAGR of 5.0 percent between 2019 and 2025.

It is against this backdrop that Toyota and Honda have come up with a new and innovative solution to providing electricity during disasters. The two transport giants have launched a mobile power generation system that consists of a fuel cell bus that can carry a large amount of hydrogen, aligned with Japan's hydrogen energy system efforts underway, portable external power output devices, and portable batteries to disaster zones. The system, which is called ‘Moving e’ includes Toyota’s charging station fuel cell bus, Honda’s power exporter 9000 portable external power output device, two types of Honda’s portable batteries, and a Honda Mobile Power Pack Charge & Supply Concept charger/discharger for MPP. 

In simple terms, the bus would drive to a disaster zone, and while other approaches such as gravity energy storage are advancing, the portable batteries and power output devices would be used to extract electricity from the fuel cell bus and provide it wherever it is needed. The bus itself can generate 454kWh and has a maximum output of 18kW. That is more than enough energy to supply electricity for large indoor areas such as an evacuation area. The bus is also fitted with space for people to nap or rest during a disaster.

The two companies plan to test the effectiveness of the Moving e at multiple municipalities and businesses. These locations will have to be within 100km of a hydrogen station that is capable of refueling the bus. If the bus has to drive 200km, then its electricity supply to the disaster zone would drop from 490kwh to 240kWh. While there aren’t currently enough hydrogen stations to make this a realistic scenario for all disaster zones, especially as countries push for hydrogen-ready power plants in Germany and related infrastructure, hydrogen is growing increasingly competitive with gasoline and diesel.

While gas generators are still considered more reliable and generally cheaper than backup batteries for home use, cleaner backup power is growing increasingly popular, and novel storage like power-to-gas in Europe is also advancing across grids. This latest development by Toyota and Honda is another step forward for the battery and fuel cell industry, with initiatives like PEM hydrogen R&D in China accelerating progress, – especially considering the meteoric rise of hydrogen energy in recent years.
 

 

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Neo-Nazi, woman accused of plotting 'hate-fueled attacks' on power stations, federal complaint says

Baltimore Substation Attack Plot highlights alleged neo-Nazi plans targeting electrical substations and the power grid, as FBI and DHS warn of domestic extremism threats to critical infrastructure, with arrests in Maryland disrupting potential sniper attacks.

 

Key Points

An alleged extremist plot to disable Baltimore's power grid by shooting substations, thwarted by federal arrests.

✅ Two suspects charged in Maryland conspiracy

✅ Targets included five substations around Baltimore

✅ FBI cites domestic extremism threat to infrastructure

 

A neo-Nazi in Florida and a Maryland woman conspired to attack several electrical substations in the Baltimore area, federal officials say.

Sarah Beth Clendaniel and Brandon Clint Russell were arrested and charged in a conspiracy to disable the power grid by shooting out substations via "sniper attacks," according to a criminal complaint from the U.S. Attorney's Office for the District of Maryland.

Clendaniel allegedly said she wanted to "completely destroy this whole city" and was planning to target five substations situated in a "ring" around Baltimore, the complaint said. Russell is part of a violent extremist group that has cells in multiple states, and he previously planned to attack critical infrastructure in Florida, the complaint said.

"This planned attack threatened lives and would have left thousands of Marylanders in the cold and dark," Maryland U.S. Attorney Erek Barron said in a press release. "We are united and committed to using every legal means necessary to disrupt violence, including hate-fueled attacks."

The news comes as concerns grow about an increase in targeted substation attacks on U.S. substations tied to domestic extremism.

 

What to know about substation attacks

Federal data shows vandalism and suspicious activities at electrical facilities soared nationwide last year, and cyber actors have accessed utilities' control rooms as well.

At the end of the year, attacks or potential attacks were reported on more than a dozen substations and one power plant across five states, and Symantec documented Russia-linked Dragonfly activity targeting the energy sector earlier. Several involved firearms.

In December, targeted attacks on substations in North Carolina left tens of thousands without power amid freezing temperatures, spurring renewed focus on protecting the U.S. power grid among officials. The FBI is investigating.

Vandalism at facilities in Washington left more than 21,000 without electricity on Christmas Day, even as hackers breached power-plant systems in other states. Two men were arrested, and one told police he planned to disrupt power to commit a burglary.

The Department of Homeland Security last year said domestic extremists had been developing "credible, specific plans" since at least 2020 and would continue to "encourage physical attacks against electrical infrastructure," and the U.S. government has condemned Russia for power grid hacking as well.

Last February, three neo-Nazis pleaded guilty to federal crimes related to a scheme to attack the grid with rifles, with each targeting a substation in a different region of the U.S., even as reports that Russians hacked into US electric utilities drew widespread attention.

 

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Trump Tariff Threat Delays Quebec's Green Energy Bill

Quebec Energy Bill Tariff Delay disrupts Canada-U.S. trade, renewable energy investment, hydroelectric expansion, and clean technology projects, as Trump tariffs on aluminum and steel raise costs, threatening climate targets and green infrastructure timelines.

 

Key Points

A policy pause in Quebec from U.S. tariff threats, disrupting clean investment, hydro expansion, and climate targets.

✅ Tariff risk inflates aluminum and steel project costs.

✅ Quebec delays clean energy legislation amid trade uncertainty.

✅ Hydroelectric reliance complicates emissions reduction timelines.

 

The Trump administration's tariff threat has had a significant impact on Quebec's energy sector, with tariff threats boosting support for projects even as the uncertainty resulted in the delay of a critical energy bill. Originally introduced to streamline energy development and tackle climate change, the bill was meant to help transition Quebec towards greener alternatives while fostering economic growth. However, the U.S. threat to impose tariffs on Canadian goods, including energy products, introduced a wave of uncertainty that led to a pause in the bill's legislative process.

Quebec’s energy bill had ambitious goals of transitioning to renewable sources like wind, solar, and hydroelectric power. It sought to support investments in clean technologies and the expansion of the province's clean energy infrastructure, as the U.S. demand for Canadian green power continues to grow across the border. Moreover, it emphasized the reduction of carbon emissions, an important step towards meeting Quebec's climate targets. At its core, the bill aimed to position the province as a leader in green energy development in Canada and globally.

The interruption caused by President Donald Trump's tariff rhetoric has, however, cast a shadow over the legislation. Tariffs, if enacted, would disproportionately affect Canada's energy exports, with electricity exports at risk under growing tensions, particularly in sectors like aluminum and steel, which are integral to energy infrastructure development. These tariffs could increase the cost of energy-related projects, thereby hindering Quebec's ability to achieve its renewable energy goals and reduce carbon emissions in a timely manner.

The tariff threat was seen as a part of the broader trade tensions between the U.S. and Canada, a continuation of the trade war that had escalated under Trump’s presidency. In this context, the Quebec government was forced to reconsider its legislative priorities, with policymakers citing concerns over the potential long-term consequences on the energy industry, as leaders elsewhere threatened to cut U.S.-bound electricity to exert leverage. With the uncertainty around tariffs and trade relations, the government opted to delay the bill until the geopolitical situation stabilized.

This delay underscores the vulnerability of Quebec’s energy agenda to external pressures. While the provincial government had set its sights on an ambitious green energy future, it now faces significant challenges in ensuring that its projects remain economically viable under the cloud of potential tariffs, even as experts warn against curbing Quebec's exports during the dispute. The delay in the energy bill also reflects broader challenges faced by the Canadian energy sector, which is highly integrated with the U.S. market.

The situation is further complicated by the province's reliance on hydroelectric power, a cornerstone of its energy strategy that supplies markets like New York, where tariffs could spike New York energy prices if cross-border flows are disrupted. While hydroelectric power is a clean and renewable source of energy, there are concerns about the environmental impact of large-scale dams, and these concerns have been growing in recent years. The tariff threat may prompt a reevaluation of Quebec’s energy mix and force the government to balance its environmental goals with economic realities.

The potential imposition of tariffs also raises questions about the future of North American energy cooperation. Historically, Canada and the U.S. have enjoyed a symbiotic energy relationship, with significant energy trade flowing across the border. The energy bill in Quebec was designed with the understanding that cross-border energy trade would continue to thrive. The Trump administration's tariff threat, however, casts doubt on this stability, forcing Quebec lawmakers to reconsider how they proceed with energy policy in a more uncertain trade environment.

Looking forward, Quebec's energy sector will likely need to adjust its strategies to account for the possibility of tariffs, while still pushing for a sustainable energy future, especially if Biden outlook for Canada's energy proves more favorable for the sector in the medium term. It may also open the door for deeper discussions about diversification, both in terms of energy sources and trade partnerships, as Quebec seeks to mitigate the impact of external threats. The delay in the energy bill, though unfortunate, may serve as a wake-up call for Canadian lawmakers to rethink how they balance environmental goals with global trade realities.

Ultimately, the Trump tariff threat highlights the delicate balance between regional energy ambitions and international trade dynamics. For Quebec, the delay in the energy bill could prove to be a pivotal moment in shaping the future of its energy policy.

 

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Maritime Link almost a reality, as first power cable reaches Nova Scotia

Maritime Link Subsea Cable enables HVDC grid interconnection across the Cabot Strait, linking Nova Scotia with Newfoundland and Labrador to import Muskrat Falls hydroelectric power and expand renewable energy integration and reliability.

 

Key Points

A 170-km HVDC subsea link connecting Nova Scotia and Newfoundland and Labrador for Muskrat Falls power and renewables

✅ 170-km HVDC subsea route across Cabot Strait

✅ Connects Nova Scotia and Newfoundland and Labrador grids

✅ Enables Muskrat Falls hydro and renewable energy trade

 

The longest sub-sea electricity cable in North America now connects Nova Scotia and Newfoundland and Labrador, according to the company behind the $1.7-billion Maritime Link project.  

The first of the project's two high-voltage power transmission cables was anchored at Point Aconi, N.S., on Sunday. 

The 170-kilometre long cable across the Cabot Strait will connect the power grids in the two provinces. The link will allow power to flow between the two provinces, as demonstrated by its first electricity transfer milestone, and bring to Nova Scotia electricity generated by the massive Muskrat Falls hydroelectric project in Labrador. 

Ultimately, the Maritime Link will help Nova Scotia reach the renewable energy goals set out by the federal government, said Rick Janega, the president and CEO of Emera Newfoundland and Labrador, whose subsidiary owns the Maritime Link.

"If not for the Maritime Link then really the province would not have the ability to meet those requirements because we're pretty much tapped out of all the hydro in province and all the wind generation without creating new interconnections like the Maritime Link," said Janega. 

Not everyone wanted the link 

Fishermen in Cape Breton had objected to the Maritime Link. They were concerned about how the undersea cable might affect fish in the area. 

The laying of the cable and other construction closed a three-kilometre long and 600-metre wide swath of ocean bottom to fishermen for the entire 2017 lobster season.  

But the company came to an agreement to compensate a group of 60 Cape Breton lobster and crab fishermen affected by the project this season. The terms of the compensation deal were not released. 

 

Long cable, big job

The transmission cable runs northwest of the Marine Atlantic ferry route between North Sydney, N.S., and Port aux Basques, N.L. 

Installation of the second cable is set to begin in June, a major step comparable to BC Hydro's Site C transmission milestone achieved recently. The entire link should be completed by late 2017 and should go into full service by January 2018.

"We're quite confident as soon as the Maritime Link is in service there will be energy transactions between Nova Scotia Power and Newfoundland Hydro. Both utilities have already identified opportunities to save money and exchange energy between the two provinces," said Janega.

That's two years before power is expected to flow from the Muskrat Falls hydro project. The Labrador-based power generating facility has been hampered by delays.

Those kinds of transmission project delays are expected for such a large project, said Janega, and won't stop the Maritime Link from being used. 

"With the Maritime Link going in service this year providing Nova Scotia the opportunity that it needs to be able to reach carbon reductions and to adapt to climate change and to increase renewable energy content and we're very pleased to be at this state today," said Janega.

 

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