EPA Policy to limit telework emerges during pandemic


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EPA Telework Policy restricts remote work, balancing work-from-home guidance during the COVID-19 pandemic with flexible schedules, union contracts, OMB guidance, and federal workforce rules, impacting managers, SES staff, and non-bargaining employees nationwide.

 

Key Points

A directive limiting many EPA staff to two telework days weekly, with pandemic exceptions and flexible schedules.

✅ Limits telework to two days per week for many employees

✅ Allows flexible schedules, including maxiflex, during emergencies

✅ Aligns with OMB, OPM, CDC guidance; honors union agreements

 

EPA has moved forward on a new policy that would restrict telework even as agency leadership has encouraged staff to work from home during the coronavirus outbreak.

The new EPA order obtained by E&E News would require employees to report to the office at least three days every week.

"Full-time employees are expected to report to the official worksite and duty station a minimum of three (3) days per week," says the order, dated as approved on Feb. 27. It went into effect March 15 — that night, EPA Administrator Andrew Wheeler authorized telework for the entire agency due to the pandemic.

The order focuses on EPA employees' work schedules and gives them new flexibilities that could come in handy during a public health emergency like the COVID-19 virus, when parts of the power sector consider on-site staffing to ensure continuity.

It also stipulates a deep reduction in EPA employees' capability to work remotely, leaving them with two days of telework per week. An agency order on telework, issued in January 2016, said staff could telework full time.

"The EPA supports the use of telework," said that order. "Regular telework may range from one day per pay period up to full time."

An EPA spokeswoman said the new order doesn't change the agency's guidance to staff to work from home during the pandemic.

"The health and safety of our employees is our top priority, and that is why we have requested that all employees telework, even as residential electricity use increases with more people at home, until at least April 3. There is no provision in the work schedules policy, telework policy or collective bargaining agreement that limits this request," said the spokeswoman.

"While EPA did implement the national work schedule policy effective 3/15/2020, it was implemented in order to provide increased work schedule flexibilities for non-bargaining unit employees who were not previously afforded flexible schedules, including maxiflex," she added.

"The implementation of the policy does not currently impact telework opportunities for EPA employees, and EPA has strongly encouraged all staff to telework," she said.

Still, the new order has caused consternation among EPA employees.

One EPA manager described it as another move by the Trump administration to restrict telework across the government.

"Amidst the COVID-19 crisis, this policy seems particularly ill-timed and unwise. It doesn't even give the administration the chance to evaluate the situation once the COVID-19 pandemic passes," said the manager.

"I think this is a dramatic change in the flexibilities available to the EPA employees without any data to support such a drastic move," the manager said. "It has huge ramifications for employees, many of whom commute over an hour each way to the office, increasing air pollution in the process."

Another EPA staffer said, "I honestly think such an order, given current circumstances, would elicit little more than a scoff and a smirk."

The person added, "How tone-deaf and heavy-handed can one administration be?"

Inside EPA first reported on the new order. E&E News obtained the memo independently.

The recently issued policy applies only to non-bargaining-unit employees, including "full-time and part-time" agency staff as well as "supervisors and managers in the competitive, excepted, Senior Level, Scientific and Professional, and Senior Executive Service positions."

In addition, the order covers "Public Health Service Officers, Schedule C, Administratively Determined employees and non-EPA employees serving on Intergovernmental Personnel Act assignments to EPA."

Nevertheless, EPA employees covered under union contracts must adhere to those contracts if the policy runs counter to them.

"If provisions of this order conflict with the provisions of a collective bargaining agreement, the provisions of the agreement must be applied," the order says.

EPA has taken a more restrictive approach with the agency's largest union, American Federation of Government Employees Council 238, which represents about 7,500 EPA employees. EPA imposed a contract on the council's bargaining unit employees last July that limited them to one day of telework per week, among other changes that triggered union protests.

EPA and AFGE have since relaunched contract negotiations, and how to handle telework is one of the issues under discussion. Both sides committed to complete those bargaining talks by April 15 and work with the Federal Service Impasses Panel if needed (Greenwire, Feb. 27).

 

Both sides of the telework debate
EPA's new order has been under consideration for some time.

E&E News obtained a draft version last year. The agency had circulated it for comment in July, noting the proposal "limits the number of days an employee may telework per week," among other changes (Greenwire, Sept. 12, 2019).

EPA, like other federal agencies under the Trump administration, has sought to reduce employees' telework. That effort, though, has run into the headwinds of a global pandemic, with a U.S. grid warning highlighting broader risks, leading agency leaders to reverse course and now encourage staff to work remotely in order to stop the spread of the COVID-19 virus.

Wheeler in an email last week told staff that he authorized telework for employees across the country. Federal worker unions had sought the opportunity for remote work on behalf of EPA employees, and the agency had already relaxed telework policies at various offices the prior week where the coronavirus had begun to take hold.

The EPA spokeswoman said the agency moved toward telework after guidance from other agencies.

"Consistent with [Office of Management and Budget], [Centers for Disease Control and Prevention] and [Office of Personnel Management] guidance, along with state and local directives, we have taken swift action in regions and at headquarters to implement telework for all employees. We continue to tell all employees to telework," said the spokeswoman.

Wheeler said in a later video message that his expectation was most EPA employees were working from home.

"I understand that this is a difficult and scary time for all of us," said the EPA administrator.

The coronavirus has become a real challenge for EPA, and utilities like BC Hydro Site C updates illustrate broader operational adjustments.

Agency staff have been exposed to the virus while some have tested positive, and nuclear plant workers have raised similar concerns, according to internal emails. That has led to employees self-quarantining while their colleagues worry they may next fall ill (Greenwire, March 20).

One employee said that since EPA's operations have been maintained with staff working from home, even as household electricity bills rise for many, it's harder for the Trump administration to justify restricting remote work.

"With the current climate, I think employees have shown we can keep the agency going with nearly 95% teleworking full time. It makes their argument hard to justify in light of things," said the EPA employee.

The Trump administration overall has pushed for more remote work by the federal workforce in the battle with the COVID-19 virus. The Office of Management and Budget issued guidance to agencies last week "to minimize face-to-face interactions" and "maximize telework across the nation."

Lawmakers have also pushed to expand telework for federal workers due to the virus.

Democratic senators sent a letter last week urging President Trump to issue an executive order directing agencies to use telework.

In addition, Sens. James Lankford (R-Okla.), Chris Van Hollen (D-Md.) and Kyrsten Sinema (D-Ariz.) introduced legislation that would allow federal employees to telework full time during the pandemic.

Some worry EPA's new order could further sour morale at the agency after the pandemic passes, as other utilities consider measures like unpaid days off to trim costs. Employees may leave if they can't work from home more.

"People will quit EPA over something like this. Maybe that's the goal," said the EPA manager.

 

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Looming Coal and Nuclear Plant Closures Put ‘Just Transition’ Concept to the Test

Just Transition for Coal and Nuclear Workers explains policy frameworks, compensation packages, retraining, and community support during decarbonization, plant closures, and energy shifts across Europe and the U.S., including Diablo Canyon and Uniper strategies.

 

Key Points

A policy approach to protect and retrain legacy power workers as coal and nuclear plants retire during decarbonization.

✅ Germany and Spain fund closures with compensation and retraining.

✅ U.S. lacks federal support; Diablo Canyon is a notable exception.

✅ Firms like Uniper convert coal sites to gas and clean energy roles.

 

The coronavirus pandemic has not changed the grim reality facing workers at coal and nuclear power plants in the U.S. and Europe. How those workers will fare in the years ahead will vary greatly based on where they live and the prevailing political winds.

In Europe, the retirement of aging plants is increasingly seen as a matter of national concern. Germany this year agreed to a €40 billion ($45 billion) compensation package for workers affected by the country's planned phaseout of coal generation by 2038, amid its broader exit from nuclear power as part of its energy transition. Last month the Spanish authorities agreed on a just transition plan affecting 2,300 workers across 12 thermal power plants that are due to close this year.

In contrast, there is no federal support plan for such workers in the U.S., said Tim Judson, executive director at the Maryland-based Nuclear Information and Resource Service, which lobbies for an end to nuclear and fossil-fuel power.

For all of President Donald Trump’s professed love of blue-collar workers in sectors such as coal, “where there are economic transitions going on, we’re terrible at supporting workers and communities,” Judson said of the U.S. Even at the state level, support for such workers is "almost nonexistent,” he said, “although there are a lot of efforts going on right now to start putting in place just transition programs, especially for the energy sector.”

One example that stands out in the U.S. is the support package secured for workers at utility PG&E's Diablo Canyon Power Plant, California's last operating nuclear power plant that is scheduled for permanent closure in 2025. “There was a settlement between the utility, environmental groups and labor unions to phase out that plant that included a very robust just transition package for the workers and the local community,” Judson said.

Are there enough clean energy jobs to replace those being lost?
Governments are more likely to step in with "just transition" plans where they have been responsible for plant closures in the first place. This is the case for California, Germany and Spain, all moving aggressively to decarbonize their energy sectors and pursue net-zero emissions policy goals.

Some companies are beginning to take a more proactive approach to helping their workers with the transition. German energy giant Uniper, for example, is working with authorities to save jobs by seeking to turn coal plants into lower-emissions gas-fired units.

Germany’s coal phaseout will force Uniper to shut down 1.5 gigawatts of hard-coal capacity by 2022, but the company has said it is looking at "forward-looking" options for its plants that "will be geared toward tomorrow's energy world and offer long-term employment prospects."

Christine Bossak, Uniper’s manager of external communications, told GTM this approach would be adopted in all the countries where Uniper operates coal plants.

Job losses are usually inevitable when a plant is closed, Bossak acknowledged. “But the extent of the reduction depends on the alternative possibilities that can be created at the site or other locations. We will take care of every single employee, should he or she be affected by a closure. We work with the works council and our local partners to find sustainable solutions.”

Diana Junquera Curiel, energy industry director for the global union federation IndustriALL, said such corporate commitments looked good on paper — but the level of practical support depends on the prevailing political sentiment in a country, as seen in Germany's nuclear debate over climate strategy.

Even in Spain, where the closure of coal plants was being discussed 15 years ago, a final agreement had to be rushed through at the last minute upon the arrival of a socialist government, Junquera Curiel said. An earlier right-wing administration had sat on the plan for eight years, she added.

The hope is that heel-dragging over just transition programs will diminish as the scale of legacy plant closures grows.

Nuclear industry facing a similar challenge as coal
One reason why government support is so important is there's no guarantee a burgeoning clean energy economy will be able to absorb all the workers losing legacy generation jobs. Although the construction of renewable energy projects requires large crews, it often takes no more than a handful of people to operate and maintain a wind or solar plant once it's up and running, Junquera Curiel observed.

Meanwhile, the job losses are unlikely to slow. In Europe, Austria and Sweden both closed their last coal-fired units recently, even as Europe loses nuclear capacity in key markets.

In the U.S., the Energy Information Administration's base-case prediction is that coal's share of power generation will fall from 24 percent in 2019 to 13 percent in 2050, while nuclear's will fall from 20 percent to 12 percent over that time horizon. The EIA has long underestimated the growth trajectory of renewables in the mix; only in 2020 did it concede that renewables will eventually overtake natural gas as the country's largest source of power.

The Institute for Energy Economics and Financial Analysis has predicted that even a coronavirus-inspired halt to renewables is unlikely to stop a calamitous drop in coal’s contribution to U.S. generation.

The nuclear sector faces a similar challenge as coal, albeit over a longer timeline. Last year saw the nuclear industry starting to lose capacity worldwide in what could be the beginning of a terminal decline, highlighted by Germany's shutdown of its last three reactors in 2023. Last week, the Indian Point Energy Center closed permanently after nearly half a century of cranking out power for New York City.*

“Amid ongoing debates over whether to keep struggling reactors online in certain markets, the industry position would be that governments should support continued operation of existing reactors and new build as part of an overall policy to transition to a sustainable clean energy system,” said Jonathan Cobb, senior communication manager at the World Nuclear Association.

If this doesn’t happen, plant workers will be hoping they can at least get a Diablo Canyon treatment. Based on the progress of just transition plans so far, that may depend on how they vote just as much as who they work for.

 

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Which of the cleaner states imports dirty electricity?

Hourly Electricity Emissions Tracking maps grid balancing areas, embodied emissions, and imports/exports, revealing carbon intensity shifts across PJM, ERCOT, and California ISO, and clarifying renewable energy versus coal impacts on health and climate.

 

Key Points

An hourly method tracing generation, flows, and embodied emissions to quantify carbon intensity across US balancing areas.

✅ Hourly traces of imports/exports and generation mix

✅ Consumption-based carbon intensity by balancing area

✅ Policy insights for renewables, coal, health costs

 

In the United States, electricity generation accounts for nearly 30% of our carbon emissions. Some states have responded to that by setting aggressive renewable energy standards; others are hoping to see coal propped up even as its economics get worse. Complicating matters further is the fact that many regional grids are integrated, and as America goes electric the stakes grow, meaning power generated in one location may be exported and used in a different state entirely.

Tracking these electricity exports is critical for understanding how to lower our national carbon emissions. In addition, power from a dirty source like coal has health and environment impacts where it's produced, and the costs of these aren't always paid by the parties using the electricity. Unfortunately, getting reliable figures on how electricity is produced and where it's used is challenging, even for consumers trying to find where their electricity comes from in the first place, leaving some of the best estimates with a time resolution of only a month.

Now, three Stanford researchers—Jacques A. de Chalendar, John Taggart, and Sally M. Benson—have greatly improved on that standard, and they have managed to track power generation and use on an hourly basis. The researchers found that, of the 66 grid balancing areas within the United States, only three have carbon emissions equivalent to our national average, and they have found that imports and exports of electricity have both seasonal and daily changes. de Chalendar et al. discovered that the net results can be substantial, with imported electricity increasing California's emissions/power by 20%.

Hour by hour
To figure out the US energy trading landscape, the researchers obtained 2016 data for grid features called balancing areas. The continental US has 66 of these, providing much better spatial resolution on the data than the larger grid subdivisions. This doesn't cover everything—several balancing areas in Canada and Mexico are tied in to the US grid—and some of these balancing areas are much larger than others. The PJM grid, serving Pennsylvania, New Jersey, and Maryland, for example, is more than twice as large as Texas' ERCOT, in a state that produces and consumes the most electricity in the US.

Despite these limitations, it's possible to get hourly figures on how much electricity was generated, what was used to produce it, and whether it was used locally or exported to another balancing area. Information on the generating sources allowed the researchers to attach an emissions figure to each unit of electricity produced. Coal, for example, produces double the emissions of natural gas, which in turn produces more than an order of magnitude more carbon dioxide than the manufacturing of solar, wind, or hydro facilities. These figures were turned into what the authors call "embodied emissions" that can be traced to where they're eventually used.

Similar figures were also generated for sulfur dioxide and nitrogen oxides. Released by the burning of fossil fuels, these can both influence the global climate and produce local health problems.

Huge variation
The results were striking. "The consumption-based carbon intensity of electricity varies by almost an order of magnitude across the different regions in the US electricity system," the authors conclude. The low is the Bonneville Power grid region, which is largely supplied by hydropower; it has typical emissions below 100kg of carbon dioxide per megawatt-hour. The highest emissions come in the Ohio Valley Electric region, where emissions clear 900kg/MW-hr. Only three regional grids match the overall grid emissions intensity, although that includes the very large PJM (where capacity auction payouts recently fell), ERCOT, and Southern Co balancing areas.

Most of the low-emissions power that's exported comes from the Pacific Northwest's abundant hydropower, while the Rocky Mountains area exports electricity with the highest associated emissions. That leads to some striking asymmetries. Local generation in the hydro-rich Idaho Power Company has embodied emissions of only 71kg/MW-hr, while its imports, coming primarily from Rocky Mountain states, have a carbon content of 625kg/MW-hr.

The reliance on hydropower also makes the asymmetry seasonal. Local generation is highest in the spring as snow melts, but imports become a larger source outside this time of year. As solar and wind can also have pronounced seasonal shifts, similar changes will likely be seen as these become larger contributors to many of these regional grids. Similar things occur daily, as both demand and solar production (and, to a lesser extent, wind) have distinct daily profiles.

The Golden State
California's CISO provides another instructive case. Imports represent less than 30% of its total electric use in 2016, yet California electricity imports provided 40% of its embodied emissions. Some of these, however, come internally from California, provided by the Los Angeles Department of Water and Power. The state itself, however, has only had limited tracking of imported emissions, lumping many of its sources as "other," and has been exporting its energy policies to Western states in ways that shape regional markets.

Overall, the 2016 inventory provides a narrow picture of the US grid, as plenty of trends are rapidly changing our country's emissions profile, including the rise of renewables and the widespread adoption of efficiency measures and other utility trends in 2017 that continue to evolve. The method developed here can, however, allow for annual updates, providing us with a much better picture of trends. That could be quite valuable to track things like how the rapid rise in solar power is altering the daily production of clean power.

More significantly, it provides a basis for more informed policymaking. States that wish to promote low-emissions power can use the information here to either alter the source of their imports or to encourage the sites where they're produced to adopt more renewable power. And those states that are exporting electricity produced primarily through fossil fuels could ensure that the locations where the power is used pay a price that includes the health costs of its production.

 

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Turkish powership to generate electricity from LNG in Senegal

Karpowership LNG powership in Senegal will supply 15% of the grid, a 235 MW floating power plant bound for Dakar, enabling fast deployment, base-load electricity, and cleaner natural gas generation for West Africa.

 

Key Points

A 235 MW floating plant supplying 15% of Senegal's grid with fast, reliable, lower-emission LNG electricity.

✅ 235 MW LNG-ready floating plant meets 15% of Senegal's demand

✅ Rapid deployment: commercial operations expected early October

✅ Cleaner natural gas conversion planned after six months

 

Turkey's Karpowership company, the designer and builder of the world's first floating power plants and the global brand of Karadeniz Holding, will meet 15% of Senegal's electricity needs from liquefied natural gas (LNG) with the 235-megawatt (MW) powership Ayşegül Sultan, which started its voyage from Turkey to Senegal, where an African Development Bank review of a coal plant is underway, on Sunday.

Karpowership, operating 22 floating power plants in more than 10 countries around the world, where France's first offshore wind turbine is now producing electricity, has invested over $5 billion in this area.

In a statement to members of the press at Karmarine Shipyard, Karpowership Trade Group Chair Zeynep Harezi said they aimed to provide affordable electricity to countries in need of electricity quickly and reliably, as projects like the Egypt-Saudi power link expand regional grids, adding that they could commission energy ships capable of generating the base electric charge of the countries, as tidal power in Nova Scotia begins supplying the grid, in a period of about a month.

Harezi recalled that Karpowership commissioned the first floating energy ship in 2007 in Iraq, followed by Lebanon, Ghana, Indonesia, Mozambique, Zambia, Gambia, Sierra Leone, Sudan, Cuba, Guinea Bissau and Senegal, while Scottish tidal power demonstrates marine potential as well. "We meet the electricity needs of 34 million people in many countries," she stressed. Harezi stated that the energy ships, all designed and produced by Turkish engineers, use liquid fuel, but all ships can covert to the second fuel.

Considering the impact of electricity production on the environment, Harezi noted that they plan to convert the entire fleet from liquid fuel to natural gas, with complementary approaches like power-to-gas in Europe helping integrate renewables. "With a capacity of 480 megawatts each, the world's largest floating energy vessels operate in Indonesia and Ghana. The conversion to gas has been completed in our project in Indonesia. We have also initiated the conversion of the Ghana vessel into gas," she said.

Harezi explained that they would continue to convert their fleets to natural gas in the coming period. "Our 235-MW floating electric vessel, the Ayşegül Sultan, sets sail today to meet 15% of Senegal's electricity needs on its own. After an approximately 20-day cruise, the vessel will reach Dakar, the capital of Senegal, and will begin commercial operation in early October," Harezi continued. "We plan to use liquid fuel as bridging fuel in the first six months. At the end of the first six months, we will start to produce electricity from LNG on our ship. Thus, Ayşegül Sultan will be the first project to generate electricity from LNG in Africa, while the world's most powerful tidal turbine is delivering power to the grid, officials said. Our floating power plant to be sent to Mozambique is designed to generate electricity from LNG. It is also scheduled to start operations in the next year."

 

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In North Carolina, unpaid electric and water bills are driving families and cities to the financial brink

North Carolina Utility Arrears Crisis strains households and municipal budgets as COVID-19 cuts jobs; unpaid utility bills mount, shutoffs loom, and emergency aid, unemployment benefits, and CARES Act relief lag behind rising arrears across cities.

 

Key Points

A COVID-19 driven spike in unpaid utility bills, threatening households and municipal budgets as federal aid lapses.

✅ 1 million families behind on power, water, sewage bills

✅ $218M arrears accrued April to June, double last year

✅ Municipal utilities face shutoffs, budget shortfalls

 

As many as 1 million families in North Carolina have fallen behind on their electric, water and sewage bills, a sign of energy insecurity threatening residents and their cities with severe financial hardship unless federal lawmakers act to approve more emergency aid.

The trouble stems from the widespread economic havoc wrought by the coronavirus, which has left millions of workers out of a job and struggling to cover their monthly costs as some states moved to suspend utility shut-offs to provide relief. Together, they’ve been late or missed a total of $218 million in utility payments between April 1 and the end of June, according to data released recently by the state, nearly double the amount in arrears at this time last year.

In some cases, cities that own or operate their own utilities have been forced to absorb these losses, as some utilities reconnected customers to prevent harm, creating a dire situation in which the government’s attempt to save people from the financial brink instead has pushed municipal coffers to their own breaking point.

In Elizabeth City, N.C., for example, about 2,500 residents haven’t paid their electric bills on time, according to Richard Olson, the city manager. The late payments at one point proved so problematic that Olson said he calculated Elizabeth City wouldn’t have enough money to pay for its expenses in July. In response, city leaders requested and obtained a waiver from a statewide order, similar to New York’s disconnection moratorium, issued in March, that protects people from being penalized for their past-due utility bills.

The predicament has presented unique budget challenges throughout North Carolina, while illustrating the consequences of a cash crunch plaguing the entire country, where proposals such as a Texas electricity market bailout surfaced following severe grid stress. State and federal leaders have extended a range of coronavirus relief programs since March to try to help people through the pandemic. But the money is limited and restricted — and it’s not clear whether more help from Congress is on the way — creating a crisis in which the nation’s economic woes are outpacing some of the aid programs adopted to combat them.

“We are entering a phase where the utilities [may] be able to shut off power, but what was propping up people’s economic lives, the unemployment benefits and Cares Act support, won’t be there,” said Paul Meyer, the executive director of the North Carolina League of Municipalities.

White House, GOP in disarray over coronavirus spending plan as deadline nears on expiring emergency aid

The future of that safety-net support — and other federal aid — hangs in the balance as lawmakers returned to work this week in their final sprint ahead of the August recess. The White House and congressional leaders are split over the contours of the next coronavirus relief package, including the need to extend more aid to cities and states as some utilities have waived fees to help customers, and reauthorize an extra $600 in weekly unemployment payments that were approved as part of the Cares Act in March.

Outside Washington, workers, businesses and government officials nationwide have pleaded with federal lawmakers to renew or expand those programs. Last week, Roy Cooper, the Democratic governor of North Carolina, urged Congress to act swiftly and adopt a wide array of new federal spending, including proposals for DOE nuclear cleanup funding, stressing in a letter that the “actions you take in the next few weeks are vital to our ability to emerge from this crisis. ”

 

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Ontario Energy Board prohibiting electricity shutoffs during latest stay-at-home order

OEB Disconnection Ban shields Ontario residential customers under the stay-at-home order, pausing electricity distributor shutoffs for non-payment and linking COVID-19 Energy Assistance Program credits for small businesses, charities, and overdue utility bills.

 

Key Points

A pause on electricity shutoff notices during Ontario's stay-at-home order, with COVID-19 bill credits for customers.

✅ Distributors cannot issue residential disconnection notices.

✅ Applies through the stay-at-home order timeline.

✅ CEAP credits: $750 residential; $1,500 small biz and charities.

 

With Ontario now into the third province-wide lockdown, the Ontario Energy Board (OEB) has promised residents won't have to worry about their power being shut off.

On April 8, the Province issued the third stay-at-home order in the last 13 months which is scheduled to last for 28 days until at least May 6, as electricity rates and policies continue to shift.

On April 30, the annual winter disconnection ban is set to expire, meaning electricity distributors like Hydro One would normally be permitted to issue disconnection notices for non-payment as early as 14 days before the end of the ban.

However, the OEB has announced changes for electricity consumers that prohibit electricity distributors from issuing disconnection notices to residential customers for the entirety of the stay-at-home order.

Additionally, the COVID-19 Energy Assistance Program is available for residential, small business, and registered charity customers who have overdue amounts on their electricity or gas bills as a result of the pandemic, complementing support for electric bills introduced during COVID-19, and the fixed COVID-19 hydro rate that helped stabilize costs.

Those who meet these criteria are eligible for credits up to a maximum of $750 for residential customers and $1,500 for small businesses and charities, alongside earlier moves to set an off-peak price to ease costs.

 

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Court quashes government cancellation of wind farm near Cornwall

Nation Rise Wind Farm Ruling overturns Ontario cancellation, as Superior Court finds the minister's decision unreasonable; EDP Renewables restarts 100-megawatt project near Cornwall, citing jobs, clean energy, and procedural fairness over bat habitat concerns.

 

Key Points

Ontario court quashes cancellation, letting EDP Renewables finish 100 MW Nation Rise project and resume clean energy.

✅ Judges call minister's decision unreasonable, unfair

✅ EDP Renewables to restart construction near Cornwall

✅ 100 MW, 29 turbines; costs awarded, appeal considered

 

Construction of a wind farm in eastern Ontario, as wind power makes gains nationwide, will move ahead after a court quashed a provincial government decision to cancel the project.

In a ruling released Wednesday, a panel of Ontario Superior Court judges said the province's decision to scrap the Nation Rise Wind Farm in December 2019 did not meet the proper requirements.

At the time, Environment Minister Jeff Yurek revoked the approvals of the project near Cornwall, Ont., citing the risk to three bat species.

That decision came despite a ruling from the province's Environmental Review Tribunal that determined the risk the project posed to the bat population was negligible.

The judges said the minister's decision was "unreasonable" and "procedurally unfair."

"The decision does not meet requirements of transparency, justification, and intelligibility, as the Minister has failed to adequately explain his decision," the judges wrote in their decision.

The company behind the project, EDP Renewables, said the 29-turbine wind farm was almost complete when its approval was revoked in December, even as Alberta saw TransAlta scrap a wind farm in a separate development.

The company said Thursday it plans to restart construction on the 100-megawatt wind farm.

"EDPR is eager to recommence construction of the Nation Rise Wind Farm, which will bring much-needed jobs and investment to the community," the company said in a statement. "This delay has resulted in unnecessary expenditures to-date, at a time when governments and businesses should be focused on reducing costs and restarting the economy."

A spokesman for Yurek said the government is disappointed with the outcome of the case but did not comment on a possible appeal.

"At this time, we are reviewing the decision and are carefully considering our next steps," Andrew Buttigieg said in a statement.

NDP climate change critic Peter Tabuns said the court decision is an embarrassment for the minister and the government. He urged the government not to pursue an appeal.

Yurek "was found to have ignored the evidence and the facts," he said. "They didn't just lose, their case collapsed. They had nothing to stand on. Taking this to appeal would be a complete and total waste of money."

Green party Leader Mike Schreiner said the ruling proves the government was acting based on ideology over evidence when it revoked the project's approval.

"As we shift towards a post-COVID recovery, we need the Ford government to give up the irrational crusade against affordable and reliable clean energy," Schreiner said in a statement.

Last year, the NDP revealed the province had spent $231 million to cancel more than 750 renewable energy contracts, a move Ford said he was proud of, shortly after winning the 2018 election.

The Progressive Conservatives have blamed the previous Liberal government, as leadership candidates debate how to fix power, for signing the bad energy deals while the province had an oversupply of electricity.

The Ford government, amid a new stance on wind power, has also said that by cancelling the contracts it would ultimately save ratepayers $790 million -- a figure industry officials have disputed.

At the time of the wind farm cancellation, the government also said it would introduce legislation that would protect consumers from any costs incurred, though a developer warned cancellations could exceed $100M at the time.

It has since acknowledged it will have to pay some companies to cancel the deals and set aside $231 million to reach agreements with those firms, and more recently has moved to reintroduce renewable projects in some cases.

On Wednesday, the judges awarded Nation Rise $126,500 in costs, which the government will have to pay.

 

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