EPA moves to regulate industrial greenhouse gases

By Associated Press


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The Environmental Protection Agency moved to more tightly control air pollution from large power plants, factories and oil refineries, a step to limit emissions widely blamed for global warming.

The EPA said it is completing a rule requiring large polluters to reduce the amounts of carbon dioxide and other greenhouse gases that they release into the air. Those emissions can boost many allergens and worsen smog, which can trigger asthma attacks and other respiratory ailments.

The rule would require companies to install better technology and improve energy efficiency whenever they build, or significantly modify, a plant.

EPA Administrator Lisa Jackson said the rule applies only to large polluters such as power plants, refineries and cement production facilities that collectively are responsible for 70 percent of greenhouse gas emissions from stationary sources in the United States.

Jackson said the rule sets commonsense standards that will clean the air and protect public health, while avoiding burdensome regulations that could harm farms and small and medium-sized businesses.

"There is no denying our responsibility to protect the planet for our children and grandchildren," she said in a statement. "It's long past time we unleashed our American ingenuity and started building the efficient, prosperous clean energy economy of the future."

The EPA announcement comes a day after an energy and climate bill was introduced in the Senate that seeks to accomplish many of the same goals. But EPA spokesman Brendan Gilfillan denied any connection, saying "rules are ready when they are ready."

The pollution rule will take effect in January, when industrial facilities that already obtain Clean Air Act permits for other pollutants will be required to obtain permits for greenhouse gases, if they increase those emissions by at least 75,000 tons per year.

Starting in July 2011, the rule would apply to any existing plant that emits at least 75,000 tons of greenhouse gases a year, or any new plant that emits 100,000 tons per year.

Emissions of 75,000 tons of carbon dioxide are equivalent to the annual emissions from 13,000 passenger vehicles, or the electricity use of about 8,200 homes per year, the EPA said.

The rule comes as Sens. John Kerry, D-Mass., and Joe Lieberman, I-Conn., made public a long-delayed bill aimed at curtailing greenhouse gas emissions. The bill would set a first-ever price on carbon dioxide emissions produced by coal-fired power plants and other large polluters.

The legislation aims to cut emissions of carbon dioxide and other heat-trapping greenhouse gases by 17 percent by 2020 and by more than 80 percent by 2050. Both targets are measured against 2005 levels and are the same as those set by a House bill approved last year.

The Obama administration has long said it would prefer that Congress pass a bill to cut greenhouse gas emissions but has used the threat of EPA regulation to push lawmakers in states heavily dependent on fossil fuels to support the climate bill.

Many large utilities and other energy companies have said they want Congress to act, believing they would be in a better bargaining position with Congress than in regulations issued by the EPA.

Even so, the energy bill faces a steep hill in the Senate. No Republican has signed on as a co-sponsor. Sen. Lindsey Graham, R-S.C., who had been working with Kerry and Lieberman, withdrew his support last week, saying it is impossible to pass the legislation in the current political climate.

The rule substantially raises the threshold amount of pollution required before greenhouse gas permits are needed. A proposal announced last September would have required permits for facilities that emit 25,000 tons per year.

Gina McCarthy, an assistant EPA administrator, said the change was made in response to complaints that the earlier proposal would have affected many small and medium-sized businesses, and even large apartment buildings. Such limits "clearly were not appropriate," she said.

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Electricity alert ends after Alberta forced to rely on reserves to run grid

Alberta Power Grid Level 2 Alert signals AESO reserve power usage, load management, supply shortage from generator outages, low wind, and limited imports, urging peak demand conservation to avoid blackouts and preserve grid reliability.

 

Key Points

An AESO status where reserves power the grid and load management is used during supply constraints to prevent blackouts.

✅ Triggered by outages, low wind, and reduced import capacity

✅ Peak hours 4 to 7 pm saw conservation requests

✅ Several hundred MW margin from Level 3 load shedding

 

Alberta's energy grid ran on reserves Wednesday, after multiple factors led to a supply shortage, a scenario explored in U.S. grid COVID response discussions as operators plan for contingencies.

At 3:52 p.m. Wednesday, the Alberta Electric System Operator issued a Level 2 alert, meaning that reserves were being used to supply energy requirements and that load management procedures had been implemented, while operators elsewhere adopted Ontario power staffing lockdown measures during COVID-19 for continuity. The alert ended at 6:06 p.m.

"This is due to unplanned generator outages, low wind and a reduction of import capability," the agency said in a post to social media. "Supply is tight but still meeting demand."

AESO spokesperson Mike Deising said the intertie with Saskatchewan had tripped off, and an issue on the British Columbia side of the border, as seen during BC Hydro storm response events, meant the province couldn't import power. 

"There are no blackouts … this just means we're using our reserve power, and that's a standard procedure we'll deploy," he said. 

AESO had asked that people reduce their energy consumption between 4 and 7 p.m., similar to Cal ISO conservation calls during grid strain, which is typically when peak use occurs. 

Deising said the system was several hundred MWs away from needing to move to an alert Level 3, with utilities such as FortisAlberta precautions in place to support continuity, which is when power is cut off to some customers in order to keep the system operating. Deising said Level 2 alerts are fairly rare and occur every few years. The last Level 3 alert was in 2013. 

According to the supply and demand report on AESO's website, the load on the grid at 5 p.m. was 10,643 MW.

That's down significantly from last week, when a heat wave pushed demand to record highs on the grid, with loads in the 11,700 MW range, contrasting with Ontario demand drop during COVID when many stayed home. 

A heat warning was issued Wednesday for Edmonton and surrounding areas shortly before 4 p.m., with temperatures above 29 C expected over the next three days, with many households seeing residential electricity use up during such periods. 

 

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Germany launches second wind-solar tender

Germany's Joint Onshore Wind and Solar Tender invites 200 MW bids in an EEG auction, with PV and onshore wind competing on price per MWh, including grid integration costs and network fees under BNA rules.

 

Key Points

A BNA-run 200 MW EEG auction where PV and onshore wind compete on price per MWh, including grid integration costs.

✅ 200 MW cap; minimum project size 750 kW

✅ Max subsidy 87.50 per MWh; bids include network costs

✅ Solar capped at 10-20 MW; wind requires prior approval

 

Germany's Federal Network Agency (BNA) has launched its second joint onshore wind and solar photovoltaic (PV) tender, with a total capacity of 200 MW.

A maximum guaranteed subsidy payment has been set at 87.50 per MWh for both energy sources, which BNA says will have to compete against each other for the lowest price of electricity. According to auction rules, all projects must have a minimum of 750 kW.

The auction is due to be completed on 2 November.

The network regulator has capped solar projects at 10 MW, though this has been extended to 20 MW in some districts, amid calls to remove barriers to PV at the federal level. Onshore wind projects did not receive any such restrictions, though they require approval from Federal Immission Control three weeks prior to the bid date of 11 Octobe

Bids also require network and system integration costs to be included, and similar solicitations have been heavily subscribed, as an over-subscribed Duke Energy solar solicitation in the US market illustrates.

According to Germanys Renewable Energy Act (EEG), two joint onshore wind and solar auctions must take place each year between 2018 and 2021. After this, the government will review the scheme and decide whether to continue it beyond 2021.

The first tender, conducted in April, saw the entire 200 MW capacity given to solar PV projects, reflecting a broader solar power boost in Germany during the energy crisis. Of the 32 contracts awarded, value varied from 39.60 per MWh to 57.60 per MWh. Among the winning bids were five projects in agricultural and grassland sites in Bavaria, totalling 31 MW, and three in Baden-Wrttemberg at 17 MW.

According to the Agency, the joint tender scheme was initiated in an attempt to determine the financial support requirements for wind and solar in technology-specific auctions, however, solar powers sole win in the April auction meant it was met with criticism, even as clean energy accounts for 50% of Germany's electricity today.

The heads of the Federal Solar Industry Association (BSW-Solar) and German Wind Energy Association (BWE) saying the joint tender scheme is unsuitable for the build-out of the two technologies.

A BWE spokesman previously stressed the companys rejection of competition between wind and solar, saying: It is not clear how this could contribute to an economically meaningful balanced energy mix,

Technologies that are in various stages of development must not enter into direct competition with each other. Otherwise, innovation and development potential will be compromised.

Similarly, BSW-Solar president Carsten Krnig said: We are happy for the many solar winners, but consider the experiment a failure. The auction results prove the excellent price-performance ratio of new solar power plants, as solar-plus-storage is cheaper than conventional power in Germany, but not the suitability of joint tenders.

 

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'That can keep you up at night': Lessons for Canada from Europe's power crisis

Canada Net-Zero Grid Lessons highlight Europe's energy transition risks: Germany's power prices, wind and solar variability, nuclear phaseout, grid reliability, storage, market design, policy reforms, and distributed energy resources for resilient decarbonization.

 

Key Points

Lessons stress an all-of-the-above mix, robust market design, storage, and nuclear to ensure reliability, affordability.

✅ Diversify: nuclear, hydro, wind, solar, storage for reliability.

✅ Reform markets and grid planning for integration and flexibility.

✅ Build fast: streamline permitting, invest in transmission and DERs.

 

Europe is currently suffering the consequences of an uncoordinated rush to carbon-free electricity that experts warn could hit Canada as well unless urgent action is taken.

Power prices in Germany, for example, hit a record 91 euros ($135 CAD) per megawatt-hour earlier this month. That is more than triple what electricity costs in Ontario, where greening the grid could require massive investment, even during periods of peak demand.

Experts blame the price spikes in large part on a chaotic transition to a specific set of renewable electricity sources - wind and solar - at the expense of other carbon-free supplies such as nuclear power. Germany, Europe’s largest economy, plans to close its last remaining nuclear power plant next year despite warnings that renewables are not being added to the German grid quickly enough to replace that lost supply.

As Canada prepares to transition its own electricity grid to 100 per cent net-zero supplies by 2035, with provinces like Ontario planning new wind and solar procurement, experts say the European power crisis offers lessons this country must heed in order to avoid a similar fate.

'A CAUTIONARY TALE'
“Some countries have rushed their transition without thinking about what people need and when they need it,” said Chris Bentley, managing director of Ryerson University’s Legal Innovation Zone who also served as Ontario’s Minister of Energy from 2011 to 2013, in an interview. “Germany has experienced a little bit of this issue recently when the wind wasn’t blowing.”

Wind power usually provides between 20 and 30 per cent of Germany’s electricity needs, but the below-average breeze across much of continental Europe in recent months has pushed that figure down.

“There is a cautionary tale from the experience in Europe,” said Francis Bradley, chief executive officer of the Canadian Electricity Association, in an interview. “There was also a cautionary tale from what took place this past winter in Texas,” he added, referring to widespread power failures in Texas spawned by a lack of backup power supplies during an unusually cold winter that led to many deaths.

The first lesson Canada must learn from those cautionary tales, Bradley said, “is the need to pursue an all-of-the-above approach.”

“It is absolutely essential that every opportunity and every potential technology for low-carbon or no-carbon electricity needs to be pursued and needs to be pursued to the fullest,” he said.

The more important lesson for Canada, according to Binnu Jeyakumar, is about the need for a more holistic, nuanced approach to our own net-zero transition.

“It is very easy to have runaway narratives that just pinpoint the blame on one or two issues, but the lesson here isn’t really about the reliability of renewables as there are failures that occur across all sources of electricity supply,” said Jeyakumar, director of clean energy for the Pembina Institute, in an interview. 

“The takeaway for us is that we need to get better at learning how to integrate an increasingly diverse electricity grid,” she said. “It is not necessarily the technologies themselves, it is about how we do grid planning, how are our markets structured and are we adapting them to the trends that are evolving in the electricity and energy sectors.”
 

'ABSOLUTELY ENORMOUS' CHALLENGE IS 'ALMOST MIND-BENDING'
Canada already gets the vast majority of its electricity from emission-free sources. Hydro provides roughly 60 per cent of our power, nuclear contributes another 15 per cent and renewables such as wind and solar contribute roughly seven per cent more, according to federal government data.

Tempting as it might be to view the remaining 18 per cent of Canadian electricity that is supplied by oil, natural gas and coal as a small enough proportion that it should be relatively easy to replace, with some analyses warning that scrapping coal abruptly can be costly for consumers, the reality is much more difficult.

“It is the law of diminishing returns or the 80-20 rule where the first 80 per cent is easy but the last 20 per cent is hard,” Bradley explained. “We already have an electricity sector that is 80 per cent GHG-free, so getting rid of that last 20 per cent is the really difficult part because the low-hanging fruit has already been picked.”

Key to successfully decarbonizing Canada’s power grid will be the recognition that electricity demand is constantly growing, a point reinforced by a recent power challenges report that underscores the scale. That means Canada needs to build out enough emission-free power sources to replace existing fossil fuel-based supplies while also ensuring adequate supplies for future demand.


“It is one thing to say that by 2035 we are going to have a decarbonized electricity system, but the challenge really is the amount of additional electricity that we are going to need between now and 2035,” said John Gorman, chief executive officer of the Canadian Nuclear Association, which has argued that nuclear is key to climate goals in Canada, and former CEO of the Canadian Solar Industries Association, in an interview. “It is absolutely enormous, I mean, it is almost mind-bending.”

Canada will need to triple the amount of electricity produced nationwide by 2050, according to a report from SNC-Lavalin published earlier this year, and provinces such as Ontario face a shortfall over the next few years, Gorman said. Gorman said that will require adding between five and seven gigawatts of new installed capacity to Canada’s electricity grid every year from 2021 through 2050 or more than twice the amount of new power supply Canada brings online annually right now.

For perspective, consider Ontario’s Bruce Power nuclear facility. It took 27 years to bring that plant to its current 6.4 gigawatt (GW) capacity, but meeting Canada’s decarbonization goals will require adding roughly the equivalent capacity of Bruce Power every year for the next three decades.

“The task of creating enough electricity in the coming years is truly enormous and governments have not really wrapped their heads around that yet,” Gorman said. “For those of us in the energy sector, it is the type of thing that can keep you up at night.”

GOVERNMENT POLICY 'HELD HOSTAGE' BY 'DINOSAURS'
The Pembina Institute’s Jeyakumar agreed “the last mile is often the most difficult” and will require “a concerted effort both at the federal level and the provincial level.”

Governments will “need to be able to support innovation and solutions such as non-wires alternatives,” she said. “Instead of building a massive new transmission line or beefing up an old one, you could put a storage facility at the end of an existing line. Distributed energy resources provide those kinds of non-wires alternatives and they are already cost-effective and competitive with oil and gas.”

For Glen Murray, who served as Ontario’s minister of infrastructure and transportation from early 2013 to mid-2014 before assuming the environment and climate change portfolio until his resignation in mid-2017, that is a key lesson governments have yet to learn.

“We are moving away from a centralized distribution model to distributed systems where individual buildings and homes and communities will supply their own electricity needs,” said Murray, who currently works for an urban planning software company in Winnipeg, in an interview. “Yet both the federal and provincial governments are assuming that we are going to continue to have large, centralized generation of power, but that is simply not going to be the case.”

“Government policy is not focused on driving that because they are held hostage by their own hydro utilities and the big gas companies,” Murray said. “They are controlling the agenda even though they are the dinosaurs.”

Referencing the SNC-Lavalin report, Gorman noted as many as 45 small, modular nuclear reactors as well as 20 conventional nuclear power plants will be required in the coming decades, with jurisdictions like Ontario exploring new large-scale nuclear as part of that mix: “And that is in the context of also maximizing all the other emission-free electricity sources we have available as well from wind to solar to hydro and marine renewables,” Gorman said, echoing the “all-of-the-above” mindset of the Canadian Electricity Association.

There are, however, “fundamental rules of the market and the regulatory system that make it an uneven playing field for these new technologies to compete,” said Jeyakumar, agreeing with Murray’s concerns. “These are all solvable problems but we need to work on them now.”
 

'2035 IS TOMORROW'
According to Bentley, the former Ontario energy minister-turned academic, “the government's role is to match the aspiration with the means to achieve that aspiration.”

“We have spent far more time as governments talking about the goals and the high-level promises [of a net-zero electricity grid by 2035] without spending as much time as we need to in order to recognize what a massive transformation this will mean,” Bentley said. “It is easy to talk about the end-goal, but how do you get there?”

The Canadian Electricity Assocation’s Bradley agreed “there are still a lot of outstanding questions about how we are going to turn those aspirations into actual policies. The 2035 goal is going to be very difficult to achieve in the absence of seeing exactly what the policies are that are going to move us in that direction.”

“It can take a decade to go through the processes of consultations and planning and then building and getting online,” Bradley said. “Particularly when you’re talking about big electricity projects, 2035 is tomorrow.”

Jeyakumar said “we cannot afford to wait any longer” for policies to be put in place as the decisions governments make today “will then lock us in for the next 30 or 40 years into specific technologies.”

“We need to consider it like saving for retirement,” said Gorman of the Canadian Nuclear Association. “Every year that you don’t contribute to your retirement savings just pushes your retirement one more year into the future.”

 

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Tunisia moves ahead with smart electricity grid

Tunisia Smart Grid Project advances with an AFD loan as STEG deploys smart meters in Sfax, upgrades grid infrastructure, boosts energy efficiency, curbs losses, and integrates renewable energy through digitalization and advanced communication systems.

 

Key Points

A national program funded by an AFD $131.7M loan to modernize STEG, deploy smart meters, and integrate renewable energy.

✅ 430,000 smart meters in Sfax during phase one

✅ 20-year AFD loan with 7-year grace period

✅ Cuts losses, improves efficiency, enables renewables

 

The Tunisian parliament has approved taking a $131.7 million loan from the French Development Agency for the implementation of a smart grid project.

Parliament passed legislation regarding the 400 million dinar ($131.7 million) loan plus a grant of $1.1 million.

The loan, to be repaid over 20 years with a grace period of up to 7 years, is part of the Tunisian government’s efforts to establish a strategy of energy switching aimed at reducing costs and enhancing operational efficiency.

The move to the smart grid had been postponed after the Tunisian Company of Electricity and Gas (STEG) announced in March 2017 that implementation of the first phase of the project would begin in early 2018 and cover the entire country by 2023.

STEG was to have received funding some time ago. Last year at the Africa Smart Grid Summit in Tunis, the company said it would initiate an international tender during the first quarter of 2019 to start the project.

The French funding is to be allocated to implementation of the first phase only, which will involve development of control and communication stations and the improvement of infrastructure, where regulatory outcomes such as the Hydro One T&D rates decision can influence investment planning in comparable markets.

It includes installation of 430,000 “intelligent” metres over three years in Sfax governorate in southern Tunisia. The second phase of the project is planned to extend the programme to the rest of the country.

Smart metres to be installed in homes and businesses in Sfax account for about 10% of the total number of metres to be deployed in Tunisia.

At the beginning of 2017, the Industrial Company of Metallic Articles (SIAM), a Tunisian industrial electrical equipment and machinery company, signed an agreement with Huawei for the Chinese company to supply smart electricity metres. The value of the deal was not disclosed.

The smart grid is designed to reduce power waste, reduce the number of unpaid bills, prevent consumer fraud such as power theft in India across distribution networks, improve the ecosystem and increase competitiveness in the electricity sector.

Experts said the main difference between the traditional and smart grids is the adoption of advanced infrastructure for measuring electricity consumption and for communication between the power plant and consumers. The data exchange allows power plants to coordinate electricity production with actual demand.

STEG previously indicated that it had implemented measures to ensure the transition to the smart grid, especially since digitalisation is playing an important role in the energy sector.

The project, which translates Tunisia’s energy plans in the form of a partnership between the public and private sectors, aims at reaching 30% of the country’s electricity need from renewable sources by 2025, even as entities like the TVA face climate goals scrutiny that can affect electricity rates in other markets.

The development of the smart grid will allow STEG to monitor consumption patterns, detect abuses and remotely monitor the grid’s power supply, at a time when regulators have questioned UK network profits to spur efficiency, underscoring the value of transparency.

“The smart grid will change the face of the energy system towards the use of renewable energies,” said Tunisian Industry Minister Slim Feriani. At the forum on alternative energies, he pointed out that energy sector digitisation requires investments in technology and a change in the consumption mentality, as new entrants consider roles like Tesla electricity retailer plans in advanced markets.

Official data indicate that Tunisia’s energy deficit accounts for one-third of the country’s annual trade deficit, which reached record levels of more than $6 billion last year.

STEG, whose debts have reached $329 million over the past eight years, a situation resembling Manitoba Hydro debt pressures in Canada, has not disclosed when and how funding would be secured for the completion of the second phase. The company insists it is working to prevent further losses and to collect its unpaid bills.

STEG CEO Moncef Harrabi, earlier this year, said: “The current situation of the company has forced us to take immediate action to reduce the worsening of the crisis and stop the financial bleeding caused by losses.”

He said the company had repeatedly asked the government to pay subsidy instalments due to the company and to enact binding decisions to force government institutions and departments to pay electricity bills, while elsewhere measures like Thailand power bill cuts have been used to support consumers.

The Tunisian government has yet to disburse the subsidy instalments due STEG for 2018 and 2019, which amount to $658 million. STEG also imports natural gas from Algeria for its power plants at a cost of $1.1 billion a year.

 

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Yukon receives funding for new wind turbines

Yukon Renewable Energy Funding backs wind turbines, grid-scale battery storage, and transmission line upgrades, cutting diesel dependence, lowering greenhouse gas emissions, and strengthening Yukon Energy's isolated grid for remote communities, local jobs, and future growth.

 

Key Points

Federal support for Yukon projects adding wind, battery storage, and grid upgrades to cut diesel use and emissions.

✅ Three 100 kW wind turbines will power Destruction Bay.

✅ 8 MW battery storage smooths peaks and reduces diesel.

✅ Mayo-McQuesten 138 kV line upgrade boosts reliability.

 

Kluane First Nation in Yukon will receive a total of $3.1 million in funding from the federal government to install and operate wind turbines that will help reduce the community’s diesel reliance.

According to a release, the community will integrate three 100-kilowatt turbines in Destruction Bay, Yukon, providing a renewable energy source for their local power grid that will reduce greenhouse gas emissions and create local jobs in the community.

A $2-million investment from Natural Resources Canada came from the Clean Energy for Rural and Remote Communities Program, part of the Government of Canada’s Investing in Canada infrastructure plan, which supports green energy solutions across jurisdictions. Crown-Indigenous Relations’ and Northern Affairs Canada also contributed a $1.1-million investment from the Northern REACHE Program.

Also, the Government of Canada announced more than $39.2 million in funding for two Yukon Energy projects that will increase the reliability of Yukon’s electrical grid, including exploration of a potential connection to the B.C. grid to bolster resiliency, and help build the robust energy system needed to support future growth. The investment comes from the government’s Green Infrastructure Stream (GIS) of the Investing in Canada infrastructure plan.

 

Project 1: Grid-scale battery storage

The federal government is investing $16.5 million in Yukon Energy’s construction of a new battery storage system in Yukon. Once completed, the 8 MW battery will be the largest grid-connected battery in the North, and one of the largest in Canada, alongside major Ontario battery projects underway.

The new battery is a critical investment in Yukon Energy’s ability to meet growing demands for power and securing Yukon’s energy future. As an isolated grid, one of the largest challenges Yukon Energy faces is meeting peak demands for power during winter months, as electrification grows with EV adoption in the N.W.T. and beyond.

When complete, the new system will store excess electricity generated during off-peak periods, complementing emerging vehicle-to-grid integration approaches, and provide Yukoners with access to more power during peak periods. This new energy storage system will create a more reliable power supply and help reduce the territory’s reliance on diesel fuel. Over the 20-year life of project, the new battery is expected to reduce carbon emissions in Yukon by more than 20,000 tonnes.

A location for the new battery energy storage system has not been identified. Yukon Energy will begin permitting of the project in 2020 with construction targeted to be complete by mid-2023.

 

Project 2: Replacing and upgrading the Mayo to McQuesten Transmission Line

Yukon Energy has received $22.7 million in federal funding to proceed with Stage 1 of the Stewart to Keno City Transmission Project – replacing and upgrading the 65 year-old transmission line between Mayo and McQuesten. The project also includes the addition of system protection equipment at the Stewart Crossing South substation. The Yukon government, through the Yukon Development Corporation, has already provided $3.5 million towards planning for the project.

Replacing the Mayo to McQuesten transmission line is critical to Yukon Energy’s ability to deliver safe and reliable electricity to customers in the Mayo and Keno regions, mirroring broader regional transmission initiatives that enhance grid resilience, and to support economic growth in Yukon. The transmission line has reached end-of-life and become increasingly unreliable for customers in the area.

The First Nation of Na-Cho Nyak Dun has expressed their support of this project. The project has also been approved by the Yukon Environmental and Socio-Economic Assessment Board.

Yukon Energy will begin replacing and upgrading the 31 km transmission line between Mayo and McQuesten in 2020. Construction is expected to be complete in late 2020. When finished, the new 138 kV transmission line will provide more reliable electricity to customers in the Mayo and Keno regions and be equipped to support industrial growth and development in the area, including the Victoria Gold Mine, with renewable power from the Yukon grid.

Planning work for the remainder of the Stewart to Keno City Transmission Project has been completed. Yukon Energy continues to explore funding opportunities that are needed to proceed with other stages of the project.

 

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Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

 

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

 

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

 

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