High court boosts bid to get coal burners to install pollution controls

By American Bar Association Journal


Protective Relay Training - Basic

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

  • Live Online
  • 12 hours Instructor-led
  • Group Training Available
Regular Price:
$699
Coupon Price:
$599
Reserve Your Seat Today
The attorney for environmental groups that won a U.S. Supreme Court victory against a coal-burning utility says the opinion could have been a lot shorter.

HeÂ’s glad it wasnÂ’t.

In a 9-0 ruling, the Supreme Court vacated a decision by the 4th U.S. Circuit Court of Appeals, saying the appeals court implicitly invalidated 1980 EPA regulations without considering whether it had jurisdiction to do so.

But before reaching that result, the Supreme Court considered the meaning of the word modification, and gave a boost to EPA efforts begun during the Clinton administration to force older coal-fired power plants to install pollution-control equipment when upgrading facilities.

Washington, D.C., attorney Sean H. Donohue, who argued before the high court for environmental groups that intervened in the case, says he is glad the Supreme Court did not confine its ruling to the narrow question of which appeals court has jurisdiction.

“We recognized that one possibility would be a very, very narrow ruling merely saying that this is a matter of exclusive… jurisdiction” for the U.S. Court of Appeals for the D.C. Circuit, instead of the Richmond, Va.-based 4th Circuit, he says. “We think that what the court did in the decision was more helpful for us because it addresses a lot of these specific arguments about the regulations. We are very happy with it.”

The opinion for the court by Justice David H. Souter said the 4th CircuitÂ’s invalidation of the 1980 regulations implicated provisions of the Clean Air Act that vest jurisdiction with the D.C. Circuit.

The decision also endorsed the EPAÂ’s interpretation of its regulations, which require a permit when major modifications to power plants result in an increase in annual pollution emissions.

Duke Energy Corp. had claimed the 1980 regulations needed to be consistent with 1975 regulations defining modification as a physical change that increases the hourly rate of pollution, rather than an increase for the year. Duke had upgraded 29 of its plants so it could operate them more often, resulting in a net annual increase in pollution even though its maximum hourly pollution discharge had not increased.

The 4th Circuit had said that under the terms of the Clean Air Act, the definition of modification had to be consistent in both regulations, and so it interpreted the later regulation as requiring an increase in the hourly pollution rate. Souter rejected that approach as “too far a stretch,” saying the EPA can assign more than one meaning to the word. “Principles of statutory construction are not so rigid,” he wrote.

Justice Clarence Thomas wrote separately to say he concurred in the decision to vacate the 4th Circuit ruling, but not with the majority’s “dicta” stating there is no need for a uniform definition of modification.

While the legal issues may be arcane, the impact of the decision is not, Donahue says.

“The problem with the decision is, to explain the details, you have to get so lost in these arcane regulatory weeds that you have lost your audience or run out of column inches,” Donohue says. But the outcome “really is a major boost for these much-maligned enforcement suits” brought by the EPA to force older power plants to install pollution equipment when making upgrades.

“Environmentalists haven’t had a lot of significant victories at the federal level in recent years,” Donohue says. “It’s a very good day, and we hope a harbinger of further progress.”

But it's likely to be a short-lived victory. The EPA has been discussing since 2005 a proposed regulation that, in effect, adopts the meaning of modification endorsed by Duke Energy and the 4th Circuit. Agency spokeswoman Jennifer Wood says the Duke Energy decision will not affect its plan to narrow the rule.

Attorneys for Duke Energy did not respond to requests for comment on the Supreme Court ruling.

The EPA had filed the initial suit against Duke Energy in 2000, during the last days of the Clinton administration. The intervening environmental groups sought certiorari, but the agency opposed it. The EPA then defended the regulations after the court accepted the case, the first time it had granted cert over government opposition in an environmental case in nearly 30 years, says Marisa Martin, a Chicago lawyer in Baker & McKenzieÂ’s environmental group.

“The position the EPA was in was kind of unique,” says Martin, who analyzed the pending case for Preview of United States Supreme Court Cases, an ABA periodical. “They were promulgating regulations contrary to what they were arguing in front of the Supreme Court. It will be interesting to see what happens next in this case.”

David Friedland of Washington, D.C., who chairs the Air Quality Committee of the ABA Section of Environment, Energy and Resources, sees the decision as a narrow one that leaves a lot of other legal arguments still in play.

Still, he says a unanimous decision in the case was something of a surprise, given vigorous questioning during oral arguments. He points to this comment by Justice Antonin Scalia: “What I am concerned about is that the companies can get whipsawed.”

Now the lower courts will have to sort out the Supreme Court’s dicta, says Paul Kamenar, senior executive counsel with the Washington Legal Foundation in Washington, D.C. “I can see future litigation springing forward from this ruling,” says Kamenar, who filed an amicus brief on behalf of the WLF supporting Duke Energy.

On remand, he says, the 4th Circuit could still decide to exempt Duke Energy from the 1980 regulation on the ground it retroactively targets practices that were routine under 20 years of contrary interpretation of the Clean Air Act.

Another unresolved issue is whether upgrades that constitute merely minor modifications are exempt from the permit requirements. There is “still a lot of room to litigate application of the rules in the case-by-case context,” Kamenar says.

Related News

Wind Denmark - Danish electricity generation sets a new green record

Denmark 2019 electricity CO2 intensity shows record-low emissions as renewable energy surges, wind power dominates, offshore wind expands, and coal phase-out accelerates Denmark's energy transition and grid decarbonization, driven by higher CO2 prices and flexibility.

 

Key Points

It is 135 g CO2/kWh, a record low enabled by wind power growth, offshore wind, and a sharp coal decline.

✅ Average emissions fell to 135 g CO2/kWh, the lowest on record

✅ Wind and solar supplied 49.9% of national electricity use

✅ Coal consumption dropped 46% as CO2 allowance prices rose

 

Danish electricity producers set a new green record in 2019, when an average produced kilowatt-hour emitted 135 gr CO2 / kWh.

It is the lowest CO2 emission ever measured in Denmark and about one-seventh of what the electricity producers emitted in 1990.

Never has a kilowatt-hour produced emitted as little CO2 as it did in 2019. And that's according to Energinet's recently published annual Environmental Report on Danish electricity generation and cogeneration, two primary causes.

One reason is that more green power has been produced because the Horns Rev 3 offshore wind farm, which can produce electricity for 425,000 households, was commissioned in 2019. The other is that Danish coal consumption fell by 46 percent from 2018 to 2019, as coal phase-out plans gathered pace across the sector. the dramatic decline in coal consumption is partly due a significant increase in the price of CO2 quotas, and thus also the price of CO2 emissions.

'Historically, 135 gr CO2 / kWh is a really, really low figure, showing the impressive green travel that the Danish electricity system has been on. In 1990, a kilowatt-hour produced emitted over 1000 grams of CO2, ie about seven times as much as today, 'says Hanne Storm Edlefsen, area manager in Energinet Power Systems Responsibility.

Wind energy is the dominant form of electricity generation in Denmark, a pattern the UK wind beat coal in 2016 when shifting away from fossil fuels.

17.1 TWh. Danish wind turbines and solar cells generated so much electricity in 2019, corresponding to 49.9 per cent. of Danish electricity consumption, reflecting broader EU wind and solar growth trends as well. An increase of 15 per cent. The wind turbines alone produced 16 TWh, which is not only a new green record, but also puts a thick line that wind energy is by far the most dominant form of electricity generation in Denmark.

'Thanks to our large wind resources, turbines are by far the largest supplier of renewable energy in Denmark, and this will be for many years to come. The large price drop in new wind energy in recent years - for both onshore and offshore winds - will ensure that wind energy will drive a large part of the growth in renewable energy in the coming years, as new wind generation records are set in markets like the UK, 'says Soren Klinge, electricity market manager at Wind Denmark.

Conversely, total electricity generation from fossil and bio-based fuels decreased by 26 PJ (petajoule ed.), Corresponding to 34 per cent. from 2018 to 2019, mirroring renewables overtaking coal in Germany. Nevertheless, net electricity generation was just under 30 TWh both years.

'It is worth noting that while fossil fuels are being phased out, Denmark maintains its annual net production of electricity. The green, so to speak, replaces the black. It once again underpins that green conversion, high security of supply and an affordable electricity price can go hand in hand, 'says Hanne Storm Edlefsen.

Danish power system is ready for a green future

Including trade in electricity with neighboring countries, 1 kWh in a Danish outlet generates 145 gr CO2 / kWh.

'There has been a very significant development in the Danish electricity system in recent years, where the electricity system can now be operated solely on the renewable energy. It is a remarkable development, also from an international perspective where low-carbon progress stalled in the UK in 2019, that one would not have thought possible for just a few years ago, 'he says.

More than expected have phased out coal

The electricity from the Danish sockets will be greener , predicts Energinet's environmental report , which expects CO2 intensity in the coming years. This is explained by an expectation of increased electrification of energy consumption, together with a continued expansion with wind and solar.

'Wind energy is the cornerstone of the green transition. With the commissioning of the Kriegers Flak offshore wind farm and several major onshore wind turbine projects within the next few years, we can well expect that only the wind's share of electricity consumption will exceed 50 per cent hopefully as early as 2021,' concludes Soren Klinge.

 

Related News

View more

Scottish Wind Delivers Equivalent Of 98% Of Country’s October Electricity Demand

Scotland Wind Energy October saw renewables supply the equivalent of 98 percent of electricity demand, as onshore wind outpaced National Grid needs, cutting emissions and powering households, per WWF Scotland and WeatherEnergy.

 

Key Points

A monthly update showing Scottish onshore wind met the equivalent of 98% of electricity demand in October.

✅ 98% of monthly electricity demand equivalent met by wind

✅ 16 days exceeded total national demand, per data

✅ WWF Scotland and WeatherEnergy cited; lower emissions

 

New figures publicized by WWF Scotland have revealed that wind energy generated the equivalent of 98% of the country’s electricity demand in October, or enough electricity to power millions of Scottish homes across the country.

Scotland has regularly been highlighted as a global wind energy leader, and over the last few years has repeatedly reported record-breaking months for wind generation. Now, it’s all very well and good to say that Scottish wind delivered 98% of the country’s electricity demand, but the specifics are a little different — hence why WWF Scotland always refers to it as wind providing “the equivalent of 98%” of Scotland’s electricity demand. That’s why it’s worth looking at the statistics provided by WWF Scotland, sourced from WeatherEnergy, part of the European EnergizAIR project:

  • National Grid demand for the month – 1,850,512 MWh
  • What % of this could have been provided by wind power across Scotland – 98%
  • Best day – 23rd October 2018, generation was 105,900.94 MWh, powering 8.72m homes, 356% of households. Demand that day was 45,274.5MWh – wind generation was 234% of that.
  • Worst day – 18th October 2018 when generation was 18,377.71MWh powering 1,512,568 homes, 62% of households. Demand that day was 73,628.5MWh – wind generation was 25%
  • How many days generation was over 100% of households – 27
  • How many days generation was over 100% of demand – 16

“What a month October proved to be, with wind powering on average 98 per cent of Scotland’s entire electricity demand for the month, at a time when wind became the UK’s main power source and exceeding our total demand for a staggering 16 out of 31 days,” said Dr Sam Gardner, acting director at WWF Scotland.

“These figures clearly show wind is working, it’s helping reduce our emissions and is the lowest cost form of new power generation. It’s also popular, with a recent survey also showing more and more people support turbines in rural areas. That’s why it’s essential that the UK Government unlocks market access for onshore wind at a time when we need to be scaling up electrification of heat and transport.”

Alex Wilcox Brooke, Weather Energy Project Manager at Severn Wye Energy Agency, added: “Octobers figures are a prime example of how reliable & consistent wind production can be, with production on 16 days outstripping national demand.”

 

Related News

View more

Calgary electricity retailer urges government to scrap overhaul of power market

Alberta Capacity Market Overhaul faces scrutiny over electricity costs, reliability targets, investor certainty, and AESO design, as UCP reviews NDP reforms, renewables integration, and deregulated energy-only alternatives impacting generators, ratepayers, and future power price volatility.

 

Key Points

A shift paying generators for capacity and energy to improve reliability; critics warn of higher electricity costs.

✅ UCP reviewing NDP plan and subsidies amid market uncertainty

✅ AESO cites reliability needs as coal retires, renewables grow

✅ Critics predict overprocurement and premature launch cost spikes

 

Jason Kenney's government is facing renewed pressure to cancel a massive overhaul of Alberta's power market that one player says will needlessly spike costs by hundreds of millions of dollars, amid an electricity sector in profound change today.

Nick Clark, who owns the Calgary-based electricity retailer Spot Power, has sent the Alberta government an open letter urging it to walk away from the electricity market changes proposed by the former NDP government.

"How can you encourage new industry to open up when one of their raw material costs will increase so dramatically?" Clark said. "The capacity market will add more costs to the consumer and it will be a spiral downwards."

But NDP Leader Rachel Notley, whose government ushered in the changes, said fears over dramatic cost increases are unfounded.

"There are some players within the current electricity regime who have a vested interest in maintaining the current situation," Notley said

Kenney's UCP vowed during the recent election to review the current and proposed electricity market options, as the electricity market heads for a reshuffle, with plans to report on its findings within 90 days.

The party also promised to scrap subsidies for renewable power, while ensuring "a market-based electricity system" that emphasizes competition in Alberta's electricity market for consumers.

The New Democrats had opted to scrap the current deregulated power market — in place since the Klein era — after phasing out coal-fired generation and ushering in new renewable power as part of changes in how Alberta produces and pays for electricity under their climate change strategy.

The Alberta Electric System Operator, which oversees the grid, says the province will need new sources of electricity to replace shuttered coal plants and backstop wind and solar generators, while meeting new consumer demand.

After consulting with power companies and investors, the AESO concluded in late 2016 the electricity market couldn't attract enough investment to build the needed power generation under the current model.

The AESO said at the time investors were concerned their revenues would be uncertain once new plants are running. It recommended what's known as a capacity market, which compensates power generators for having the ability to produce electricity, even when they're not producing it.

In other words, producers would collect revenue for selling electricity into the grid and, separately, for having the capacity to produce power as a backstop, ensuring the lights stay on. Power generators would use this second source of income to help cover plant construction costs.

Clark said the complex system introduces unnecessary costs, which he believes would hurt consumers in the end. He said what's preventing investment in the power market is uncertainty over how the market will be structured in the future.

"What investors need to see in this market is price certainty, regulatory ease, and where the money they're putting into the marketplace is not at risk," he said.

"They can risk their own money, but if in fact the government comes in and changes the policy as it was doing, then money stayed away from the province."

Notley said a capacity market would not increase power bills but would avoid big price swings, with protections like a consumer price cap on power bills also debated, while bringing greener sources of energy into Alberta's grid.

"Moving back to the [deregulated] energy-only market would make a lot of money for a few people, and put consumers, both industrial and residential, at great risk."

Clark disagrees, citing Enmax's recent submissions to the Alberta Utilities Commission, in which the utility argues the proposed design of the capacity market is flawed.

In its submissions to the commission, which is considering the future of Alberta's power market, Enmax says the proposed system would overestimate the amount of generation capacity the province will need in the future. It says the calculation could result in Alberta procuring too much capacity.

The City of Calgary-owned utility says this could drive up costs by anywhere from $147 million to $849 million a year. It says a more conservative calculation of future electricity demand could avoid the extra expense.

An analysis by a Calgary energy consulting firm suggests a different feature of the proposed power market overhaul could also lead to a massive spike in costs.

EDC Associates, hired by the Consumers' Coalition of Alberta, argues the proposal to launch the new system in November 2021 may be premature, because it could bring in additional supplies of electricity before they're needed.

The consultant's report, also filed with the Alberta Utilities Commission, estimates the early launch date could require customers to pay 40 per cent more for electricity amid rising electricity prices in the province — potentially an extra $1.4 billion — in 2021/22.

"The target implementation date is politically driven by the previous government," said Duane Reid-Carlson, president of EDC Associates.

Reid-Carlson recommends delaying the launch date by several years and making another tweak: reducing the proposed target for system reliability, which would scale back the amount of power generation needed to backstop renewable sources.

"You could get a result in the capacity market that would give a similar cost to consumers that the [deregulated] energy-only market design would have done otherwise," he said.

"You could have a better risk profile associated with the capacity market that would serve consumers better through lower cost, lower price volatility, and it would serve generators better by giving them better access to capital at lower costs."

The UCP government did not respond to a request for comment.

 

Related News

View more

Bitcoin mining uses so much electricity that 1 city could curtail facility's power during heat waves

Medicine Hat Bitcoin Mining Facility drives massive electricity demand and energy use, leveraging natural gas and nearby wind power; Hut 8 touts economic growth, while critics cite carbon emissions, renewables integration, and climate impact.

 

Key Points

A Hut 8 project in Alberta that mines bitcoin at scale, consuming up to 60 MW and impacting energy and emissions.

✅ Consumes more than 60 MW, rivaling citywide electricity use

✅ Sited by natural gas plant; wind turbines nearby

✅ Economic gains vs. carbon emissions and climate risks

 

On the day of the grand opening of the largest bitcoin mining project in the country, the weather was partly cloudy and 15 C. On a Friday afternoon like this one, the new facility uses as much electricity as all of Medicine Hat, Alta., a city of more than 60,000 people and home to several large industrial plants.

The vast amount of electricity needed for bitcoin mining is why the city of Medicine Hat has championed the economic benefits of the project, while environmentalists say they are wary of the significant energy use.

Toronto-based Hut 8 has spent more than $100 million to develop the 4½-hectare site on the northern edge of the city. It has 56 shipping containers, each filled with 180 computer servers that digitally mine for bitcoin around the clock.

The company said it has already mined more than 3,300 bitcoins in Alberta, including at its much smaller site in Drumheller. On average, the Medicine Hat facility mines about 20 bitcoins per day. The value of bitcoin can fluctuate daily, but has sold recently for around $9,000.

The bitcoin mining facility is located right beside the city of Medicine Hat's new natural gas-fired power plant and four wind turbines are a short distance away. The bitcoin plant can consume more than 60 megawatts of power, more than 10 times more electricity used by any other facility in the city, according to the mayor.

That's why, in the event of a summer heat wave, the city has provisions in place to pull the plug on the electricity it provides to Hut 8, mirroring utility pauses on crypto loads seen elsewhere, so there won't be any blackouts for residents, according to the mayor.

Still, some say the bitcoin mining industry wastes far too much energy

"It's a huge magnitude when you talk about the carbon emissions," said Saeed Kaddoura, an analyst with the Pembina Institute, an environmental think-tank. "Moving forward, there needs to be some consideration on what the environmental impact of this is."

Medicine Hat owns its own natural gas and electricity generation and distribution businesses. The city leases the land to Hut 8 and the facility employs 40 full-time workers. Add up the economic benefits and the city of Medicine Hat will receive a significant financial boost from the new project, says Ted Clugston, the city's mayor.

Financial details of the city's deal with Hut 8 are not disclosed.

For more than a century, the city has attracted business by offering low-cost energy, and the mayor said this project is no different.

"They could have gone anywhere in the world and they chose Medicine Hat," said Clugston. "[Hut 8] is not here for renewable energy because it is not reliable. They need gas-fired generation and we have it in spades."

Environmental groups are concerned by the sheer amount of energy consumed by bitcoin mining, with some utilities warning they can't serve new energy-intensive customers right now, especially in places like Medicine Hat where most of the electricity is produced by fossil fuels.

The bitcoin system is designed, so only a limited number of the cryptocurrency can be mined everyday. Over time, as more miners compete for a decreasing number of available bitcoins, facilities will have to use more electricity compared to the amount of the cryptocurrency they collect.

"The way the bitcoin algorithm works is that it's designed to waste as much electricity as possible. And the more popular bitcoin becomes, the more electricity it wastes," said Keith Stewart, a spokesperson for Greenpeace.

Stewart questions whether natural gas should be used to produce a digital product.

"If you live in Alberta, you want to have heat and light, those types of things. I don't think bitcoin is a necessity of life for anyone," he said.

The CEO of Hut 8 completely disagrees, arguing the cryptocurrency is essential.  

"Bitcoin was created during the financial crisis. It has really served a purpose in terms of providing the opportunity for people who don't necessarily trust their government or their central banks," said Andrew Kiguel.

 

Related News

View more

Huge offshore wind turbine that can power 18,000 homes

Siemens Gamesa SG 14-222 DD advances offshore wind with a 14 MW direct-drive turbine, 108 m blades, a 222 m rotor, optional 15 MW boost, powering about 18,000 homes; prototype 2021, commercial launch 2024.

 

Key Points

A 14 MW offshore wind turbine with 108 m blades and a 222 m rotor, upgradable to 15 MW, targeting commercial use in 2024.

✅ 14 MW direct-drive, upgradable to 15 MW

✅ 108 m blades, 222 m rotor diameter

✅ Powers about 18,000 European homes annually

 

Siemens Gamesa Renewable Energy (SGRE) has released details of a 14-megawatt (MW) offshore wind turbine, as offshore green hydrogen production gains attention, in the latest example of how technology in the sector is increasing in scale.

With 108-meter-long blades and a rotor diameter of 222 meters, the dimensions of the SG 14-222 DD turbine are significant.

In a statement Tuesday, SGRE said that one turbine would be able to power roughly 18,000 average European households annually, while its capacity can also be boosted to 15 MW if needed. A prototype of the turbine is set to be ready by 2021, and it’s expected to be commercially available in 2024, as forecasts suggest a $1 trillion business this decade.

As technology has developed over the last few years, the size of wind turbines has increased, and renewables are set to shatter records globally.

Last December, for example, Dutch utility Eneco started to purchase power produced by the prototype of GE Renewable Energy’s Haliade-X 12 MW wind turbine. That turbine has a capacity of 12 MW, a height of 260 meters and a blade length of 107 meters.

The announcement of Siemens Gamesa’s new turbine plans comes against the backdrop of the coronavirus pandemic, which is impacting renewable energy companies around the world, even as wind power sees growth despite Covid-19 in many markets.

Earlier this month, the European company said Covid-19 had a “direct negative impact” of 56 million euros ($61 million) on its profitability between January and March, amid factory closures in Spain and supply chain disruptions. This, it added, was equivalent to 2.5% of revenues during the quarter.

The pandemic has, in some parts of the world, altered the sources used to power society. At the end of April, for instance, it was announced that a new record had been set for coal-free electricity generation in Great Britain, where UK offshore wind growth has accelerated, with a combination of factors — including coronavirus-related lockdown measures — playing a role.

On Tuesday, the CEO of another major wind turbine manufacturer, Danish firm Vestas, sought to emphasize the importance of renewable energy in the years and months ahead, and the lessons the U.S. can learn from the U.K. on wind deployment.

“I think we have actually, throughout this crisis, also shown to all society that renewables can be trusted,” Henrik Andersen said during an interview on CNBC’s Street Signs.

“But we both know ... that that transformation of energy sources is not going to happen overnight, it’s not going to happen from a quarter to a quarter, it’s going to happen by consistently planning year in, year out.”

 

Related News

View more

Coronavirus and the U.S. grid: What to know

COVID-19 Impact on US Electric Grid: utilities, ERCOT, PJM, and MISO brace for load shifts as remote work rises, industrial demand falls, and nuclear plants enforce pandemic planning to maintain reliability and resilience.

 

Key Points

Pandemic-driven changes in electricity demand and operations as utilities shift to remote work and reduced industrial use.

✅ Utilities enact remote work and suspend disconnections

✅ Grid operators model load shifts and maintain reliability

✅ Nuclear plants sustain operations with pandemic protocols

 

Operators of the nation's electric grid and energy companies are bracing for the spread of a virus that is undercutting power demand in countries across Asia and Europe as daily activities grind to a halt.

Owners of U.S. utilities and nuclear plants are canceling events, halting travel, pushing remote work and testing ill workers to slow the spread of the novel coronavirus.

So far, grid operators in the United States say no substantial effect on the electricity demand has emerged, but that could change, even though some reports indicate the U.S. grid is safe for now amid COVID-19. Texas' main grid operator, the Electric Reliability Council of Texas (ERCOT), expressed uncertainty when asked whether it will see changes in demand patterns for power due to the virus.

"It's too early to tell," Leslie Sopko, a spokeswoman for ERCOT, said in an email.

The virus has already taken a toll on power demand overseas. The chairman of Japan's federation of electric utilities and president of Chubu Electric Power Co., Satoru Katsuno, told reporters Friday the country's power demand has weakened as industrial activity slows due to the outbreak, according to Reuters.

The news outlet similarly reported China's industrial power demand this year may decline as the virus curtailed factory output and prevented some employees from returning to work. And, according to Bloomberg, power use in Italy slumped 7.4% last week after the government there shut down schools and told workers to remain home, while Ontario electricity demand also declined as people stayed home.

U.S. utility executives said the sector is well prepared and has faced the threat of spreading infections before. More than a decade ago, global virus scares like SARS pushed companies to hammer out extensive disaster planning, and those have stuck.

"A lot of the foundational work on contingency planning is actually rooted in pandemic planning because of those experiences in the mid-2000s," Scott Aaronson, the Edison Electric Institute's vice president of security and preparedness, told E&E News. "There is a good body of work and a lot of planning and exercises that have gone into being able to operate through these challenges."

Keeping the nation's electric grid running is a top priority at the Department of Energy, said Chris Fall, the agency's point person for COVID-19, which the new coronavirus causes. "Our responsibility is to make sure the electrical grid is resilient and working," said Fall, who directs the department's Office of Science.

He told an agency podcast, called "Direct Current," that the department is working with the private sector and other elements of the energy system. "Obviously we are connected with other agencies like Homeland Security or [the Federal Energy Regulatory Commission] on things like the electrical grid and making sure we have power, and if those people get sick or impacted, we have backups for all of that," he said.

According to a bulletin EEI released on the issue, 40% of a company's employees could be out sick, be quarantined or stay home to care for sick family members. And pandemics may prevent "traditional mutual assistance programs that help companies restore service after natural disasters and weather events," EEI said, such as restoring power in Florida after major storms.

The utility sector is also juggling the needs of its customers. Many major utilities across the nation have vowed to suspend shut-offs and keep power, heat and water on for all customers — a particular concern for people who may be out of work and cannot afford to pay their bills. Companies are also suspending disconnections for nonpayment, some under direction from officials and regulators in states like Ohio and Connecticut, while in Canada Hydro One's peak rate policy has drawn attention among self-isolating customers.

Like other businesses preparing for pandemics, utilities focus on keeping the workforce healthy and operations running. But EEI's Aaronson noted that a key difference with keeping critical infrastructure humming is the possible requirement for the sheltering in place of essential employees who are unable to do their jobs from home, as some operators contemplate locking down key staff at work sites to ensure continuity.

Grid operators are also well-equipped to handle shifts in power demand, and he acknowledged the sector could see changes as more offices and businesses move to remote working. He compared it to the load demand shifts between weekdays and weekends.

"So on the weekends, you're going to have a lot of people at home," Aaronson said. "During the week, it's people in offices. But generally speaking, the ability to have that resiliency and redundancy, the ability to shift resources and the way the grid balances, that is not going to change."

Electricity demand from high-intensity industries like manufacturing or theme parks like Disneyland could also wane, he added, even as electricity inequality in California influences who is most affected.

"It's not just a load shift to the residential, but it's also the load drop in some cases," Aaronson said. "Some of the commercial and industrial customers are going to be working a little bit less than they are presently."

Nuclear plants
Work is continuing at the Plant Vogtle nuclear construction project after Georgia Power Co. announced that one of the site workers is being tested for the coronavirus. The utility does not have the results of that test, a Georgia Power spokesman said late yesterday afternoon. The person works primarily in an office setting and is not on the construction site where two nuclear reactors are being built.

A second worker was tested Saturday, and those results were negative, spokesman John Kraft told E&E News.

Vogtle boasts a high worker count of 9,000 across the entire construction site, which includes office buildings. This is mostly craft laborers, but there are also administrators, executives and Nuclear Regulatory Commission safety inspectors.

A number of contractors and vendors are also on site given the complexity of the project.

Employees who were near the office worker being tested have been sent home until the company receives results. If the test is positive, then those workers will stay home for 14 days, Georgia Power said.

"The company is taking every action to prepare for impacts of the COVID-19 pandemic," Kraft said in a statement. This includes using advice from medical professionals and the Atlanta-based Centers for Disease Control and Prevention.

Georgia Power, owned by Atlanta-based Southern Co., informed regulators at the NRC that a worker was being tested. The federal commission itself has pandemic plans in place to ensure continued oversight, including robust work-from-home capabilities and "social distancing" practices to limit close contact among employees at headquarters.

NRC spokesman Scott Burnell said in an email that telework is not unusual for the agency, and about 75% of its workforce is already equipped to work remotely. The commission tested its telework readiness Friday. Some positions require workers to stay on-site to ensure safe reactor operations, Burnell added.

The nuclear industry has maintained pandemic preparedness plans and procedures since 2006, which have been shared with federal agencies, according to Mary Love, a spokeswoman for the Nuclear Energy Institute. "NEI members are participating in weekly calls to facilitate communications, coordination and best practices," she said.

According to NEI statistics, each plant averages 500 to 1,000 workers. While not every position is essential to operations, some areas like the control room cannot be conducted remotely.

"We know that nuclear power plant operations and the availability of electric service will be tremendously important in minimizing the impact of the situation on the general public," Love added. "We are confident, based on extensive planning, that the industry will continue to operate nuclear plants safely as this event unfolds."

Grid operators
Hundreds of workers responsible for overseeing critical operations of the U.S. electric grid are being encouraged to work from home, their offices are being sanitized, and in-person meetings are being moved online.

PJM Interconnection, the nation's largest grid operator covering some 65 million people across Mid-Atlantic and Midwest states, said Friday a forecast on load changes was not yet available.

PJM has moved all stakeholder meetings online. Employee travel has been suspended, as have external visits to its headquarters in Valley Forge, Pa.

Employees "are equipped to work remotely, if necessary, to maintain business continuity," and PJM "is prepared and able to run and support all market applications from its campus or remotely, as needed," the operator said.

"PJM recognizes that these measures have significant impacts to our staff, members and stakeholders," PJM said on its coronavirus response webpage. "We are dedicated to striking a balance between those impacts and our number one priority — the reliability of the grid."

Still pending at the operator is a decision about its annual meeting in Chicago at the beginning of May. That decision will be made by April 3, PJM said.

The Midcontinent Independent System Operator (MISO), which runs the bulk power grid across 15 states and the Canadian province of Manitoba, is also holding meetings via conference call or online and restricting all business travel.

MISO has encouraged "nonessential" employees to work remotely, leaving only those who actively monitor and manage the operation of the grid working on-site.

The grid operator employs nearly 1,000 people, including 780 at its headquarters in Carmel, Ind.

A board meeting set for the last week of March in New Orleans hasn't yet been canceled, with a final decision on whether to move forward with the meeting expected today.

MISO said it hasn't encountered other changes in normal operations and has not seen significant shifts in electricity demand.

In Texas, ERCOT has about 750 employees, mostly at its campus in the city of Taylor. ERCOT's Sopko said the grid operator is encouraging employees who are not required to be on-site to work from home. The policy is voluntary at this time, but that could change quickly, she said Friday.

ERCOT is also taking extra steps to keep workers safe, including alternating use of facilities, encouraging social distancing and imposing control room measures as part of its pandemic planning, she added.

Energy companies
In the Midwest, utilities including DTE Energy Co., Commonwealth Edison, Consumers Energy and Ameren Corp. said they're following CDC guidance and working with state and local officials to help slow the spread of the virus. That means asking employees who can do their jobs at home to do so, restricting visitors to company offices, canceling large assemblies and nonessential business travel, and holding meetings by phone or online.

Chicago-based ComEd, which serves 4 million customers, is imposing a moratorium on service disconnections and waiving new late payment charges through at least May 1, in addition to working with customers who are facing financial hardships on a case-by-case basis to establish payment arrangements and identify energy assistance options, spokesman Paul Elsberg said.

Many of the Southeast's major energy companies are also curbing travel and encouraging telework, among other steps, in response to the coronavirus.

For Southern Co., this includes its Georgia Power unit; Southern Power; and employees of Southern Company Gas, who are in Illinois, Tennessee and Virginia. Southern has not extended the policies to its Alabama and Mississippi electric companies, spokesman Schuyler Baehman said.

Charlotte, N.C.-based Duke Energy Corp. has suspended all business travel unless workers are traveling by car. The energy giant also is encouraging its employees to rethink their own vacations if upcoming trips take them out of the country.

"Circumstances are changing rapidly around the world," the company said in a statement.

For workers who must come to the office, or work at power plants or on the lines, utilities are doubling down on disinfectant in those areas.

"We're also reminding our employees that we provide a very critical service; we need you well, we need you able," said Le-Ha Anderson, a spokeswoman for Richmond, Va.-based Dominion Energy Inc.

Dominion started asking employees a few weeks ago to take mobile devices home and make sure they have what they need to work remotely. Anyone who has traveled to one of the CDC-identified hot spots is asked to stay home for 14 days with no questions asked, Anderson said.

The federally owned Tennessee Valley Authority has reviewed and updated its plans on how it will operate during a pandemic but has not yet reached the point to have employees telework if they are able to do so.

"We come at this at a very phased approach," TVA spokesman Jim Hopson said. "We can't just shut the doors."

State utility commissions, too, have begun taking steps. In response to a state of emergency declared by Ohio Gov. Mike DeWine (R), the Public Utilities Commission of Ohio on Thursday directed utilities to act where possible to avoid suspending service to customers.

Will Seuffert, executive secretary of the Minnesota Public Utilities Commission, said in an email that the regulator has canceled all public hearings and agenda meetings for the next two weeks and has been supporting telework "throughout the agency" in response to the virus.

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

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

Electricity Today T&D Magazine Subscribe for FREE

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

Live Online & In-person Group Training

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

Request For Quotation

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