EPSA urges Supreme Court to deny Market-Based Rate petition

By Electric Power Supply Association EPSA


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The Electric Power Supply Association EPSA has filed a brief with the U.S. Supreme Court urging the court to deny a petition for review of a decision by the U.S. Court of Appeals for the Ninth Circuit upholding the Federal Energy Regulatory Commission's FERC market-based rate authority for wholesale electricity markets.

The case is Public Citizen, Inc., v. Federal Energy Regulatory Commission and involves FERC Order 697 issued in 2007 to improve market-based rate regulations. EPSA is joined on the brief by PPL Corporation, a fellow respondent in the case.

EPSA's brief argues that, "The Court should deny the petition for at least three reasons. First, no decision of this Court or any court of appeals conflicts with the lower court's holding that the Commission's market-based rate regime comports with the requirements of the Federal Power Act. Second, the court of appeals correctly held that the Commission's market-based rate regime does not violate any statutory requirement."

"In fact, Congress ratified the regime when it enacted the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594, which includes multiple provisions that would make no sense if, as petitioners contend, the Commission lacked authority to approve market-based rate tariffs. Third, denying the petition would not raise any issues of exceptional importance."

"In contrast, granting the relief petitioners seek could have devastating consequences for the nationÂ’s energy markets and the consumers who rely on those markets."

EPSA's brief concludes by stating that, "Any decision that accepts petitioners' suggestion that the CommissionÂ’s market-based program is per se unlawful under the Federal Power Act would jeopardize these markets and set the stage for crisis. Even if one could ignore the billions of dollars in benefits that would be lost from a retreat from a competitive, market-based regime, there is no ignoring the substantial costs that such a retreat would impose on consumers."

"Moreover, thousands of market participants have built power plants, made other investments and ordered their affairs based on the pro-competitive policies that the Commission has implemented over the last two decades, which have been consistently upheld by courts, and which Congress affirmed in the 2005 legislation."

EPSA President and CEO John E. Shelk said, "EPSA is pleased to support FERC's important work in this area as it has done in the past, including before the Ninth Circuit. As EPSA's brief documents in detail, every court that has considered the question has concluded that FERC is acting within its authority under the Federal Power Act. Wholesale power markets provide tangible benefits to consumers, the economy and the environment. EPSA is hopeful that the U.S. Supreme Court will not inject costly uncertainty into the nation's electricity equation at this critical time by granting the petitioners' petition for review in this case."

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How Ukraine Unplugged from Russia and Joined Europe's Power Grid with Unprecedented Speed

Ukraine-ENTSO-E Grid Synchronization links Ukraine and Moldova to the European grid via secure interconnection, matching frequency for stability, resilience, and energy security, enabling cross-border support, islanding recovery, and coordinated load balancing during wartime disruptions.

 

Key Points

Rapid alignment of Ukraine and Moldova into the European grid to enable secure interconnection and system stability.

✅ Matches 50 Hz frequency across interconnected systems

✅ Enables cross-border support and electricity trading

✅ Improves resilience, stability, and energy security

 

On February 24 Ukraine’s electric grid operator disconnected the country’s power system from the larger Russian-operated network to which it had always been linked. The long-planned disconnection was meant to be a 72-hour trial proving that Ukraine could operate on its own and to protect electricity supply before winter as contingencies were tested. The test was a requirement for eventually linking with the European grid, which Ukraine had been working toward since 2017. But four hours after the exercise started, Russia invaded.

Ukraine’s connection to Europe—which was not supposed to occur until 2023—became urgent, and engineers aimed to safely achieve it in just a matter of weeks. On March 16 they reached the key milestone of synchronizing the two systems. It was “a year’s work in two weeks,” according to a statement by Kadri Simson, the European Union commissioner for energy. That is unusual in this field. “For [power grid operators] to move this quickly and with such agility is unprecedented,” says Paul Deane, an energy policy researcher at the University College Cork in Ireland. “No power system has ever synchronized this quickly before.”

Ukraine initiated the process of joining Europe’s grid in 2005 and began working toward that goal in earnest in 2017, as did Moldova. It was part of an ongoing effort to align with Europe, as seen in the Baltic states’ disconnection from the Russian grid, and decrease reliance on Russia, which had repeatedly threatened Ukraine’s sovereignty. “Ukraine simply wanted to decouple from Russian dominance in every sense of the word, and the grid is part of that,” says Suriya Jayanti, an Eastern European policy expert and former U.S. diplomat who served as energy chief at the U.S. embassy in Kyiv from 2018 to 2020.

After the late February trial period, Ukrenergo, the Ukrainian grid operator, had intended to temporarily rejoin the system that powers Russia and Belarus. But the Russian invasion made that untenable. “That left Ukraine in isolation mode, which would be incredibly dangerous from a power supply perspective,” Jayanti says. “It means that there’s nowhere for Ukraine to import electricity from. It’s an orphan.” That was a particularly precarious situation given Russian attacks on key energy infrastructure such as the Zaporizhzhia nuclear power plant and ongoing strikes on Ukraine’s power grid that posed continuing risks. (According to Jayanti, Ukraine’s grid was ultimately able to run alone for as long as it did because power demand dropped by about a third as Ukrainians fled the country.)

Three days after the invasion, Ukrenergo sent a letter to the European Network of Transmission System Operators for Electricity (ENTSO-E) requesting authorization to connect to the European grid early. Moldelectrica, the Moldovan operator, made the same request the following day. While European operators wanted to support Ukraine, they had to protect their own grids, amid renewed focus on protecting the U.S. power grid from Russian hacking, so the emergency connection process had to be done carefully. “Utilities and system operators are notoriously risk-averse because the job is to keep the lights on, to keep everyone safe,” says Laura Mehigan, an energy researcher at University College Cork.

An electric grid is a network of power-generating sources and transmission infrastructure that produces electricity and carries it from places such as power plants, wind farms and solar arrays to houses, hospitals and public transit systems. “You can’t just experiment with a power system and hope that it works,” Deane says. Getting power where it is it needed when it is needed is an intricate process, and there is little room for error, as incidents involving Russian hackers targeting U.S. utilities have highlighted for operators worldwide.

Crucial to this mission is grid interconnection. Linked systems can share electricity across vast areas, often using HVDC technology, so that a surplus of energy generated in one location can meet demand in another. “More interconnection means we can move power around more quickly, more efficiently, more cost effectively and take advantage of low-carbon or zero-carbon power sources,” says James Glynn, a senior research scholar at the Center on Global Energy Policy at Columbia University. But connecting these massive networks with many moving parts is no small order.

One of the primary challenges of interconnecting grids is synchronizing them, which is what Ukrenergo, Moldelectrica and ENTSO-E accomplished last week. Synchronization is essential for sharing electricity. The task involves aligning the frequencies of every energy-generation facility in the connecting systems. Frequency is like the heartbeat of the electric grid. Across Europe, energy-generating turbines spin 50 times per second in near-perfect unison, and when disputes disrupt that balance, slow clocks across Europe can result, reminding operators of the stakes. For Ukraine and Moldova to join in, their systems had to be adjusted to match that rhythm. “We can’t stop the power system for an hour and then try to synchronize,” Deane says. “This has to be done while the system is operating.” It is like jumping onto a moving train or a spinning ride at the playground: the train or ride is not stopping, so you had better time the jump perfectly.

 

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Kyiv warns of 'difficult' winter after deadly strikes

Ukraine Winter Energy Attacks strain the power grid as Russian missile strikes hit critical infrastructure, causing blackouts, civilian casualties, and damage in Kyiv, Kherson, and Kharkiv, underscoring air defense needs and looming cold-weather risks.

 

Key Points

Russian strikes on energy infrastructure cause outages, damage, and harm as Ukraine braces for freezing winter months.

✅ Russian missile barrage targets critical infrastructure nationwide.

✅ Power cuts reported in 400 localities; grid stability at risk.

✅ Kyiv seeks more air defenses as winter threats intensify.

 

Ukraine has warned that a difficult winter looms ahead after a massive Russian missile barrage targeted civilian infrastructure, killing three in the south and wounding many across the country.

Russia launched the strikes as Ukraine prepares for a third winter during Moscow's 19-month long invasion and as President Volodymyr Zelensky made his second wartime trip to Washington amid a U.S. end to grid support announcement.

"Most of the missiles were shot down. But only the majority. Not all," Zelensky said, calling for the West to provide Kyiv with more anti-missile systems to help keep the lights on this winter amid ongoing attacks.

The fresh attack came as Poland said it would honour pre-existing commitments of weapons supplies to Kyiv, a day after saying it would no longer arm its neighbour in a mounting row between the two allies.

Moscow hit cities from Rivne in western Ukraine to Kherson in the south, the capital Kyiv and cities in the centre and northeast of the country.

Kyiv also reported power cuts across the country -- in almost 400 cities, towns and villages -- as Russia targeted power plants across the grid, but said it was "too early" to tell if this was the start of a new Russian campaign against its energy sites.

Officials added that electricity reserves could limit scheduled outages if no new large-scale strikes occur.

Last winter many Ukrainians had to go without electricity and heating in freezing temperatures as Russia hit Kyiv's energy facilities.

"Difficult months are ahead: Russia will attack energy and critically important facilities," said Oleksiy Kuleba, the deputy head of Kyiv's presidential office.

Ukraine also said that it had struck a military airfield in Moscow-annexed Crimea, a claim denied by Russian-installed authorities.

'Ceilings fell down'
Russia's overnight strikes were deadliest in the southern Kherson, where three people were killed.

In Kyiv's eastern Darnitsky district, frightened residents of a dormitory woke up to their rooms with shattered windows and parked cars outside completely burnt out.

Communities have also adopted new energy solutions to cope with winter blackouts, from generators to shared warming points.

Debris from a downed missile in the capital wounded seven people, including a child.

"God, god, god," Maya Pelyukh, a cleaner who lives in the building, said as she looked at her living room covered in broken glass and debris on her bed.

Her windows and door were blown away, with the 50-year-old saying she crawled out from under a door frame.

Some residents outside were still in dressing gowns as they watched emergency workers put out a fire the authorities said had spread over 400 square meters (4,300 square feet).

In the northeastern city of Kharkiv seamstresses were clearing a damaged clothing factory, with a Russian missile hitting nearby.

"The ceilings fell down. Windows were blown out. There are chunks of the road inside," Yulia Barantsova said, as she cleared a sewing machine from dust and rubble.

 

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"Knowledge Gap" Is Contributing To On-the-job Electrical Injuries

BC Hydro Trades Electrical Safety addresses electric contact incidents among trade workers, emphasizing power line hazards, overhead lines clearance, the 3 m rule, jobsite planning, and safety training to prevent injuries during spring and summer.

 

Key Points

BC Hydro Trades Electrical Safety is guidance and training to reduce power-line contact risks for trade workers.

✅ Stay at least 3 m from overhead power lines and equipment

✅ Plan worksites and spot hazards before starting tasks

✅ Use BC Hydro electrical awareness training near electricity

 

A BC Hydro report finds serious electrical contact incidents are more common among trades workers, and research shows this is partly due to a knowledge gap in the electricity sector in Canada.

Trade workers were involved in more than 60 per cent of electric contact incidents that led to serious injuries over the last three years, according to BC Hydro.

One-in-five trade workers have also either made contact or had a close call with electric equipment.

A recent worksite electrocution case underscores the consequences of contact.

“New research finds many have had a close call with electricity on the job or have witnessed unsafe work near overhead lines or electrical equipment,” BC Hydro staff said in the report.

“A gap in electrical safety knowledge is a contributing factor in most of these incidents.”

Most electrical contact incidents take place in the spring and summer, when trade workers are working outdoors and are working in close proximity to power lines.

BC Hydro offered tips for trades workers who may work closely to possible electrical contact points:

  • Look up and down – Observe the site beforehand and plan work so you can avoid contact with power lines
  • Stay back – You and your tools should stay at least 3 m away from an overhead power line
  • Call for help – If you come across a fallen power line, or a tree branch or object contacts a line—stay back 10 metres and call 911. Never try and move it yourself. If you must work closer than 3 m to a power line at your worksite, call BC Hydro before you begin.
  • Learn about the risks – BC Hydro offers in-person and online electrical awareness training, such as arc flash training, for anyone who works near electricity.

The report found that 38 per cent of trades workers who participated in the report said they only feel “somewhat informed” about safety measures around working near electricity and 71 per cent were unable to identify the correct distance they should be away from active power lines or electrical equipment.

BC Hydro said trade workers should participate in its electrical awareness training courses, including arc flash training, to make sure all safety measures are taken.

 

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COVID-19 closures: It's as if Ottawa has fallen off the electricity grid

Ontario Electricity Demand Drop During COVID-19 reflects a 1,000-2,000 MW decline as IESO balances the grid, shifts peak demand later, throttles generators and baseload nuclear, and manages exports amid changing load curves.

 

Key Points

An about 10% reduction in Ontario's load, shifting peaks and requiring IESO grid balancing measures.

✅ Demand down 1,000-2,000 MW; roughly 10% below normal.

✅ Peak shifts later in morning as home use rises.

✅ IESO throttles generators; baseload nuclear stays online.

 

It’s as if the COVID-19 epidemic had tripped a circuit breaker, shutting off all power to a city the size of Ottawa.

Virus-induced restrictions that have shut down large swaths of normal commercial life across Canada has led to a noticeable drop in demand for power in Ontario and reflect a global demand dip according to reports, insiders said on Friday.

Terry Young, vice-president with the Independent Electricity System Operator, said planning was underway for further declines in usage and for whether Ontario will embrace more clean power in the long term, given the delicate balance that needs to be maintained between supply and demand.

“We’re now seeing demand that is running about 1,000 to 2,000 megawatts less than we would normally see,” Young said. “You’re essentially seeing a city the size of Ottawa drop off demand during the day.”

At the high end, a 2,000 megawatt reduction would be close to the equivalent peak demand of Ottawa and London, Ont., combined.

The decline, in the order of 10 per cent from the 17,000 to 18,000 megawatts of usage that might normally be expected and similar to the UK’s 10% drop reported during lockdowns, began last week, Young said. The downward trend became more noticeable as governments and health authorities ordered non-essential businesses to close and people to stay home. However, residential and hospital usage has climbed.

Experts say frequent hand-washing and staying away from others is the most effective way to curb the spread of the highly contagious coronavirus, which poses a special risk to older people and those with underlying health conditions. As a result, factories and other big users have reduced production or closed entirely.

Because electricity cannot be stored, generators need to throttle back their output as domestic demand shrinks and exports to places such as the United States, including New York City, which is also being hit hard by the coronavirus, fall.

“We’re watching this carefully,” Young said. “We’re able to manage this drop, but it’s something we obviously have to keep watching…and making sure we’re not over-generating electricity.”

Turning off generation, especially for nuclear plants, is an intensive process, as are restarts and would likely happen only if the downward demand trend intensifies significantly, amid concerns over Ontario’s electricity getting dirtier if baseload is displaced. However, one of North America’s largest generators, Bruce Power near Kincardine, Ont., said it had a large degree of flexibility to scale down or up.

“We have the ability to provide one-third of our output as a dynamic response, which is unique to our facility,” said James Scongack, an executive vice-president with Bruce Power. “We developed this coming out of the 2008 downturn and it’s been a critical system asset for the last decade.”

“We don’t see there being a scenario where our baseload will not be needed,” he said, even as some warn Ontario may be short of electricity in the coming years.

The province’s publicly owned Ontario Power Generation said it was also in conversations with the system operator, which provides direction to generators, and is often cited in the Ontario election discussion.

One clear shift in normal work-day usage with so many people staying at home has been the change in demand patterns. Typically, Young said, there’s a peak from about 7 a.m. to 8 a.m. as people wake and get ready to go to work or school. The peak is now occurring later in the morning, Young said.

 

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Neste increases the use of wind power at its Finnish production sites to nearly 30%

Neste wind power agreement boosts renewable electricity in Finland, partnering with Ilmatar and Fortum to supply Porvoo and Naantali sites, cutting Scope 2 emissions and advancing a 2035 carbon-neutral production target via long-term PPAs.

 

Key Points

A PPA to source wind power for sites, cutting Scope 2 emissions and supporting Neste's 2035 carbon-neutral goal.

✅ 10-year PPA with Ilmatar; + Fortum boosts renewable electricity share.

✅ Supplies ~7% of Porvoo-Naantali electricity; capacity >20 MW.

✅ Cuts Scope 2 emissions by ~55 kt CO2e per year toward 2035 neutrality.

 

Neste is committed to reaching carbon neutral production by 2035, mirroring efforts such as Olympus 100% renewable electricity commitments across industry.

As part of this effort, the company is increasing the use of renewable electricity at its production sites in Finland, reflecting trends such as Ireland's green electricity targets across Europe, and has signed a wind power agreement with Ilmatar, a wind power company. The agreement has been made together with Borealis, Neste's long-term partner in the Kilpilahti area in Porvoo, Finland.

As a result of the agreement with Ilmatar, as well as that signed with Fortum at the end of 2019, and in line with global growth such as Enel's 450 MW wind project in the U.S., nearly 30% of the energy used at Neste's production sites in Porvoo and Naantali will be renewable wind power in 2022.

'Neste's purpose is to create a healthier planet for our children. Our two climate commitments play an important role in living up to this ambition, and one of them is to reach carbon neutral production by 2035. It is an enormous challenge and requires several concrete measures and investments, including innovations like offshore green hydrogen initiatives. Wind power, including advances like UK offshore wind projects, is one of the over 70 measures we have identified to reduce our production's greenhouse gas emissions,' Neste's President and CEO Peter Vanacker says.

With the ten year contract, Neste is committed to purchase about one-third of the production of Ilmatar's two wind farms, reflecting broader market moves such as BC Hydro wind deals in Canada. The total capacity of the agreement is more than 20 MW, and the energy produced will correspond to around 7% of the electricity consumption at Neste's sites in Porvoo and Naantali. The wind power deliveries are expected to begin in 2022.

The two wind power agreements help Neste to reduce the indirect greenhouse gas emissions (Scope 2 emissions defined by the Greenhouse Gas Protocol) of electricity purchases at its Finnish production sites, a trend mirrored by Dutch green electricity growth across Europe, annually by approximately 55 kilotons. 55 kt/a CO2e equals annual carbon footprint of more than 8,500 EU citizens.

 

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London Underground Power Outage Disrupts Rush Hour

London Underground Power Outage 2025 disrupted Tube lines citywide, with a National Grid voltage dip causing service suspensions, delays, and station closures; TfL recovery efforts spotlight infrastructure resilience, contingency planning, and commuter safety communications.

 

Key Points

A citywide Tube disruption on May 12, 2025, triggered by a National Grid voltage dip, exposing resilience gaps.

✅ Bakerloo, Waterloo & City, Northern suspended; Jubilee disrupted.

✅ Cause: brief National Grid fault leading to a voltage dip.

✅ TfL focuses on recovery, communication, and resilience upgrades.

 

On May 12, 2025, a significant power outage disrupted the London Underground during the afternoon rush hour, affecting thousands of commuters across the city. The incident highlighted vulnerabilities in the city's transport infrastructure, echoing a morning outage in London reported earlier, and raised concerns about the resilience of urban utilities.

The Outage and Its Immediate Impact

The power failure occurred around 2:30 PM, leading to widespread service suspensions and delays on several key Tube lines. The Bakerloo and Waterloo & City lines were completely halted, while the Jubilee line experienced disruptions between London Bridge and Finchley Road. The Northern line was also suspended between Euston and Kennington, as well as south of Stockwell. Additionally, Elizabeth Line services between Abbey Wood and Paddington were suspended. Some stations were closed for safety reasons due to the lack of power.

Commuters faced severe delays, with many stranded in tunnels or on platforms. The lack of information and communication added to the confusion, as passengers were left uncertain about the cause and duration of the disruptions.

Cause of the Power Failure

Transport for London (TfL) attributed the outage to a brief fault in the National Grid's transmission network. Although the fault was resolved within seconds, it caused a voltage dip that affected local distribution networks, leading to the power loss in the Underground system.

The incident underscored the fragility of the city's transport infrastructure, particularly the aging electrical and signaling systems that are vulnerable to such faults, as well as weather-driven events like a major windstorm outage that can trigger cascading failures. While backup systems exist, their capacity to handle sudden disruptions remains a concern.

Broader Implications for Urban Infrastructure

This power outage is part of a broader pattern of infrastructure challenges facing London. In March 2025, a fire at an electrical substation in Hayes led to the closure of Heathrow Airport, affecting over 200,000 passengers, while similar disruptions at BWI Airport have underscored aviation vulnerabilities. These incidents have prompted discussions about the resilience of the UK's energy and transport networks.

Experts argue that aging infrastructure, coupled with increasing demand and climate-related stresses, poses significant risks to urban operations, as seen in a North Seattle outage and in Toronto storm-related outages that tested local grids. There is a growing call for investment in modernization and diversification of energy sources to ensure reliability and sustainability.

TfL's Response and Recovery Efforts

Following the outage, TfL worked swiftly to restore services. By 11 PM, all but one line had resumed operations, with only the Elizabeth Line continuing to experience severe delays. TfL officials acknowledged the inconvenience caused to passengers and pledged to investigate the incident thoroughly, similar to the Atlanta airport blackout inquiry conducted after a major outage, to prevent future occurrences.

In the aftermath, TfL emphasized the importance of clear communication with passengers during disruptions and committed to enhancing its contingency planning and infrastructure resilience.

Public Reaction and Ongoing Concerns

The power outage sparked frustration among commuters, many of whom took to social media to express their dissatisfaction, echoing sentiments during Houston's extended outage about communication gaps and delays. Some passengers reported being trapped in tunnels for extended periods without clear guidance from staff.

The incident has reignited debates about the adequacy of London's transport infrastructure and the need for comprehensive upgrades. While TfL has initiated reviews and improvement plans, the public remains concerned about the potential for future disruptions and the city's preparedness to handle them.

The May 12 power outage serves as a stark reminder of the vulnerabilities inherent in urban infrastructure. As London continues to grow and modernize, ensuring the resilience of its transport and energy networks will be crucial. This includes investing in modern technologies, enhancing communication systems, and developing robust contingency plans to mitigate the impact of future disruptions. For now, Londoners are left reflecting on the lessons learned from this incident and hoping for a more reliable and resilient transport system in the future.

 

 

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